LRB-2402/1
ZDW:emw
2017 - 2018 LEGISLATURE
March 23, 2017 - Introduced by Senators Marklein, LeMahieu, Olsen and
Stroebel, cosponsored by Representatives Felzkowski, Ripp, Krug, Novak,
Quinn, Nygren, Mursau, Swearingen, E. Brooks and Petryk. Referred to
Committee on Sporting Heritage, Mining and Forestry.
SB124,1,5 1An Act to amend 20.370 (5) (cx), 23.33 (5m) (title), (a) and (b) (intro.), 23.33 (5m)
2(b) 2. to 6., 23.33 (5m) (c) (intro.) and 1., 23.33 (5m) (c) 3. to 7. and 23.33 (5m)
3(d); and to create 23.33 (5m) (e) of the statutes; relating to: funding for the
4all-terrain vehicle and utility terrain vehicle safety enhancement program and
5making an appropriation.
Analysis by the Legislative Reference Bureau
This bill increases the amount of moneys appropriated from the conservation
fund to the Department of Natural Resources for the all-terrain vehicle (ATV) safety
program, under which DNR may provide funding to groups that promote the safe
operation of ATVs.
Under current law, many programs administered by DNR, including the ATV
safety program, are funded by appropriations from the conservation fund. Because
federal and state law require that certain revenues deposited in the conservation
fund be used exclusively for specified activities, DNR has administratively created
numerous accounts within the conservation fund to allocate revenues to the required
activities. Under this bill, if DNR maintains an administrative account that
allocates moneys appropriated from the conservation fund to programs relating to
ATVs, DNR is required to treat the amount appropriated to DNR for the ATV safety
program as an allocation from the administrative ATV account.
This bill also expands the ATV safety program to include groups that promote
the safe operation of utility terrain vehicles and requires DNR to annually determine
the amount necessary to fund the program.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB124,1 1Section 1. 20.370 (5) (cx) of the statutes is amended to read:
SB124,2,62 20.370 (5) (cx) Recreation aids — all-terrain vehicle and utility terrain vehicle
3safety
enhancement program. The amounts in the schedule for grants A sum
4sufficient equal to the amount determined under s. 23.33 (5m) (e) to provide funding

5to organizations to assist with the all-terrain vehicle and utility terrain vehicle
6safety enhancement program under s. 23.33 (5m) (d).
SB124,2 7Section 2. 23.33 (5m) (title), (a) and (b) (intro.) of the statutes are amended to
8read:
SB124,2,119 23.33 (5m) (title) Safety enhancement program. (a) The department shall
10establish a program to award grants provide funding to organizations that meet the
11eligibility requirements under par. (b).
SB124,2,1312 (b) (intro.) To be eligible for a grant funding under this subsection, an
13organization shall meet all of the following requirements:
SB124,3 14Section 3. 23.33 (5m) (b) 2. to 6. of the statutes are amended to read:
SB124,2,1715 23.33 (5m) (b) 2. The organization promotes the operation of all-terrain
16vehicles and utility terrain vehicles in a manner that is safe and responsible and that
17does not harm the environment.
SB124,2,2118 3. The organization promotes the operation of all-terrain vehicles and utility
19terrain vehicles
in a manner that does not conflict with the laws, rules, and
20departmental policies that relate to the operation of all-terrain vehicles or utility
21terrain vehicles
.
SB124,3,3
14. The interest of the organization is limited to the recreational operation of
2all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails and other
3interconnected areas that are off the highways.
SB124,3,54 5. The organization has a board of directors that has a majority of members who
5are representatives of all-terrain vehicle or utility terrain vehicle clubs.
SB124,3,76 6. The organization provides support to all-terrain vehicle and utility terrain
7vehicle
clubs.
SB124,4 8Section 4. 23.33 (5m) (c) (intro.) and 1. of the statutes are amended to read:
SB124,3,119 23.33 (5m) (c) (intro.) An organization receiving a grant funding under this
10subsection shall use the grant moneys to promote and provide support to the program
11established under sub. (5) by conducting activities that include all of the following:
SB124,3,1312 1. Collecting data on the recreational operation of all-terrain vehicles off the
13highways
and utility terrain vehicles.
SB124,5 14Section 5. 23.33 (5m) (c) 3. to 7. of the statutes are amended to read:
SB124,3,1715 23.33 (5m) (c) 3. Attempting to increase participation by current and future
16all-terrain vehicle and utility terrain vehicle operators and owners in the program
17established under sub. (5) (d).
SB124,3,2218 4. Assisting the department of natural resources and the department of
19tourism in creating an outreach program to inform local communities of appropriate
20all-terrain vehicle and utility terrain vehicle use in their communities and of the
21economic benefits that may be gained from promoting tourism to attract all-terrain
22vehicle and utility terrain vehicle operators.
SB124,4,523 5. Attempting to improve and maintain its relationship with the department
24of natural resources, the department of tourism, all-terrain vehicle and utility
25terrain vehicle
dealers, all-terrain vehicle and utility terrain vehicle manufacturers,

1off-highway motorcycle clubs, as defined in s. 23.335 (1) (r), off-highway motorcycle
2alliances, other organizations that promote the recreational operation of
3off-highway motorcycles,
snowmobile clubs, as defined in s. 350.138 (1) (e),
4snowmobile alliances, as defined in s. 350.138 (1) (d), and other organizations that
5promote the recreational operation of snowmobiles.
SB124,4,96 6. Recruiting, assisting in the training of, and providing support to a corps of
7volunteers that will assist in providing instruction on the safe and responsible
8operation of all-terrain vehicles and utility terrain vehicles that is given in the field
9to all-terrain vehicle and utility terrain vehicle operators.
SB124,4,1410 7. Publishing a manual in cooperation Cooperating with the department that
11shall be used
to train volunteers recruit, train, and manage volunteer trail patrol
12ambassadors
in monitoring the recreational operation of all-terrain vehicles and
13utility terrain vehicles
for safety issues and other issues that relate to the responsible
14operation of all-terrain vehicles and utility terrain vehicles.
SB124,6 15Section 6. 23.33 (5m) (d) of the statutes is amended to read:
SB124,4,1716 23.33 (5m) (d) The department shall pay the grants provide funding under this
17subsection
from the appropriation under s. 20.370 (5) (cx).
SB124,7 18Section 7. 23.33 (5m) (e) of the statutes is created to read:
SB124,4,2219 23.33 (5m) (e) The department shall annually determine the amount necessary
20to provide funding under this subsection. The amount shall be the greater of
21$297,000 or the amount calculated by multiplying $0.80 by the number of all-terrain
22vehicles and utility terrain vehicles registered at the time of the calculation.
SB124,8 23Section 8. Nonstatutory provisions.
SB124,5,324 (1) If the department of natural resources maintains an administrative account
25that allocates moneys appropriated from the conservation fund to programs relating

1to all-terrain vehicles, the department of natural resources shall treat the
2appropriation under section 20.370 (5) (cx) of the statutes as an allocation from the
3administrative all-terrain vehicle account.
SB124,9 4Section 9. Fiscal changes.
SB124,5,145 (1) Recreation aids. In the schedule under section 20.005 (3) of the statutes
6for the appropriation to the department of natural resources under section 20.370 (5)
7(cx) of the statutes, the dollar amount for fiscal year 2017-18 is increased by
8$297,000 to increase funding for the all-terrain vehicle and utility terrain vehicle
9safety enhancement program under section 23.33 (5m) of the statutes. In the
10schedule under section 20.005 (3) of the statutes for the appropriation to the
11department of natural resources under section 20.370 (5) (cx) of the statutes, the
12dollar amount for fiscal year 2018-19 is increased by $297,000 to increase funding
13for the all-terrain vehicle and utility terrain vehicle safety enhancement program
14under section 23.33 (5m) of the statutes.
SB124,10 15Section 10. Effective date.
SB124,5,1716 (1) This act takes effect on the day after publication, or on the 2nd day after
17publication of the 2017 biennial budget act, whichever is later.
SB124,5,1818 (End)
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