AB453, s. 144
1Section 144. 23.33 (11p) (a) 3. of the statutes is renumbered 23.33 (1) (ik) and
2amended to read:
AB453,40,63 23.33 (1) (ik) "Low pressure tire" means a tire that has a minimum width of 6
4inches and that is designed to be inflated with an operating pressure not to exceed
520 pounds per square inch as recommended by the manufacturer
has the meaning
6given in s. 340.01 (27g)
.
AB453, s. 145 7Section 145. 23.33 (11p) (a) 4. of the statutes is renumbered 23.33 (1) (im) and
8amended to read:
AB453,40,129 23.33 (1) (im) "Low-speed vehicle" means a low-speed vehicle, as defined in
1049 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and
11that was originally manufactured to meet the applicable equipment standards under
1249 CFR 571.500
has the meaning given in s. 340.01 (27h).
AB453, s. 146 13Section 146. 23.33 (11p) (a) 5. of the statutes is repealed.
AB453, s. 147 14Section 147. 23.33 (11p) (a) 6. of the statutes is renumbered 23.33 (1) (ng)
15(intro.) and 23.33 (1) (ng) (intro.) and 1. a. and c., as renumbered, are amended to
16read:
AB453,40,1717 23.33 (1) (ng) (intro.) "Utility terrain vehicle" means a any of the following:
AB453,40,22 181. A motor driven device, other than that does not meet federal motor vehicle
19safety standards in effect on the effective date of this subdivision .... [LRB inserts
20date], that is not
a golf cart or, low-speed vehicle, dune buggy, mini-truck, or tracked
21vehicle,
that is designed to be used primarily off of a highway , and that has, and was
22originally manufactured with, all of the following:
AB453,40,2423 a. A gross net weight of more than 900 pounds but not more less than 1,999
242,000 pounds.
AB453,40,2525 c. A cargo box or dump box installed by the manufacturer.
AB453, s. 148
1Section 148. 23.33 (11p) (b) to (i) of the statutes are repealed.
AB453, s. 149 2Section 149. 23.33 (12) (b) of the statutes is amended to read:
AB453,41,53 23.33 (12) (b) No operator of an all-terrain vehicle or utility terrain vehicle may
4refuse to stop after being requested or signaled to do so by a law enforcement officer
5or a commission warden, as defined in s. 939.22 (5).
AB453, s. 150 6Section 150. 23.33 (13) (b) (title) of the statutes is amended to read:
AB453,41,87 23.33 (13) (b) (title) Penalties related to intoxicated operation of an all-terrain
8vehicle
or utility terrain vehicle.
AB453, s. 151 9Section 151. 23.33 (13) (b) 2. of the statutes is amended to read:
AB453,41,1510 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
11(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
12current violation, was convicted previously under the intoxicated operation of an
13all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not
14less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days
15nor more than 6 months.
AB453, s. 152 16Section 152. 23.33 (13) (b) 3. of the statutes is amended to read:
AB453,41,2217 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
18who, within 5 years prior to the arrest for the current violation, was convicted 2 or
19more times previously under the intoxicated operation of an all-terrain vehicle or
20utility terrain vehicle
law or refusal law shall be fined not less than $600 nor more
21than $2,000 and shall be imprisoned not less than 30 days nor more than one year
22in the county jail.
AB453, s. 153 23Section 153. 23.33 (13) (b) 4. of the statutes is amended to read:
AB453,41,2524 23.33 (13) (b) 4. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has
25not attained the age of 19 21 shall forfeit not more than $50.
AB453, s. 154
1Section 154. 23.33 (13) (bg) of the statutes is amended to read:
AB453,42,72 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain
3vehicle
or utility terrain vehicle; underage passengers. If there is a passenger under
416 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a
5violation that gives rise to a conviction under sub. (4c) (a) 1. or 2. or (4p) (e), the
6applicable minimum and maximum forfeitures, fines, and terms of imprisonment
7under pars. (b) 1., 2., and 3. for the conviction are doubled.
AB453, s. 155 8Section 155. 23.33 (13) (br) (title) of the statutes is amended to read:
AB453,42,109 23.33 (13) (br) (title) Penalties related to intoxicated operation of an all-terrain
10vehicle
or utility terrain vehicle; enhancers.
AB453, s. 156 11Section 156. 23.33 (13) (dm) of the statutes is amended to read:
AB453,42,1812 23.33 (13) (dm) Reporting convictions to the department. Whenever a person
13is convicted of a violation of the intoxicated operation of an all-terrain vehicle or
14utility terrain vehicle
law, the clerk of the court in which the conviction occurred, or
15the justice, judge or magistrate of a court not having a clerk, shall forward to the
16department the record of such conviction. The record of conviction forwarded to the
17department shall state whether the offender was involved in an accident at the time
18of the offense.
AB453, s. 157 19Section 157. 23.33 (13) (e) of the statutes is amended to read:
AB453,43,320 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs;
21assessment.
In addition to any other penalty or order, a person who violates sub. (4c)
22(a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the
23operation of an all-terrain vehicle or utility terrain vehicle, shall be ordered by the
24court to submit to and comply with an assessment by an approved public treatment
25facility for an examination of the person's use of alcohol, controlled substances or

1controlled substance analogs. The assessment order shall comply with s. 343.30 (1q)
2(c) 1. a. to c. Intentional failure to comply with an assessment ordered under this
3paragraph constitutes contempt of court, punishable under ch. 785.
AB453, s. 158 4Section 158. 23.33 (13) (f) of the statutes is amended to read:
AB453,43,95 23.33 (13) (f) Restoration or replacement of signs and standards. In addition
6to any other penalty, the court may order the defendant to restore or replace any
7uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or
8standard for the operation of a utility terrain vehicle on an all-terrain vehicle route
9or trail,
that the defendant removed, damaged, defaced, moved or obstructed.
AB453, s. 159 10Section 159. 23.35 (1) (intro.) of the statutes is amended to read:
AB453,43,1711 23.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a
12federally recognized American Indian tribe or band in this state to exempt, from the
13registration and certification requirements of this state, boats, snowmobiles and,
14all-terrain vehicles, and utility terrain vehicles that are owned by tribal or band
15members and registered under a registration program established by the tribe or
16band if the tribe or band requests the agreement and if the registration program does
17all of the following:
AB453, s. 160 18Section 160. 23.35 (1) (a) of the statutes is amended to read:
AB453,43,2119 23.35 (1) (a) Requires that boats, snowmobiles and, all-terrain vehicles, and
20utility terrain vehicles
display decals or identification numbers showing valid
21registration by the tribe or band.
AB453, s. 161 22Section 161. 23.35 (1) (b) of the statutes is amended to read:
AB453,44,223 23.35 (1) (b) Employs registration decals and certificates of number that are
24substantially similar to those employed by the registration or certification programs

1of this state with regard to size, legibility, information content and placement on the
2boat, snowmobile or, all-terrain vehicle , or utility terrain vehicle.
AB453, s. 162 3Section 162. 23.35 (1) (e) of the statutes is amended to read:
AB453,44,164 23.35 (1) (e) Provides reciprocal exemptions, from the tribe's or band's
5registration requirements, for boats, snowmobiles and , all-terrain vehicles, and
6utility terrain vehicles
registered or certified by this state that are substantially as
7favorable as the exemptions enjoyed by the tribe or the band under the agreement.
8In this paragraph, "reciprocal exemption" means an exemption under the agreement
9that exempts from a tribe's or band's registration requirements, for operation within
10the boundaries of the tribe's or band's reservation, a boat, snowmobile or, all-terrain
11vehicle, or utility terrain vehicle that is owned by a person who is not a member of
12the tribe or band and that is registered or certified by this state to the same extent
13that the agreement exempts from state registration and certification requirements,
14for the operation outside the boundaries of the tribe's or band's reservation, a boat,
15snowmobile or, all-terrain vehicle, or utility terrain vehicle that is registered by the
16tribe or band.
AB453, s. 163 17Section 163. 23.35 (2) of the statutes is amended to read:
AB453,44,2018 23.35 (2) An agreement entered into under sub. (1) may cover a registration
19program for boats, snowmobiles or, all-terrain vehicles, or utility terrain vehicles or
20any combination thereof.
AB453, s. 164 21Section 164. 25.29 (1) (b) of the statutes is amended to read:
AB453,44,2422 25.29 (1) (b) One percent of all sales and use taxes under s. 77.61 (1) on
23all-terrain vehicles, utility terrain vehicles, boats and snowmobiles collected under
24ss. 23.33, 30.52 (4), 350.12 and 350.122.
AB453, s. 165
1Section 165. 25.29 (1) (dm) of the statutes is renumbered 25.29 (1) (dm) 1. and
2amended to read:
AB453,45,43 25.29 (1) (dm) 1. For fiscal year 1991-92 and for each fiscal year thereafter, an
4An amount equal to the estimated all-terrain vehicle gas tax payment. The
AB453,45,11 52. For fiscal years before fiscal year 2013-14, the estimated all-terrain vehicle
6gas tax payment is calculated by multiplying the sum of the number of all-terrain
7vehicles registered for public use under s. 23.33 (2) (c) or (2g) and the number of
8reflectorized plates issued under s. 23.33 (2) (dm), 2009 stats., on the last day of
9February of the previous fiscal year by 25 gallons and multiplying that product by
10the excise tax imposed under s. 78.01 (1) on the last day of February of the previous
11fiscal year.
AB453, s. 166 12Section 166. 25.29 (1) (dm) 3. of the statutes is created to read:
AB453,45,2013 25.29 (1) (dm) 3. For fiscal year 2013-14, the estimated all-terrain vehicle gas
14tax payment is calculated by multiplying the sum of the number of all-terrain
15vehicles registered for public use under s. 23.33 (2) (c) or (2g), the number of
16reflectorized plates issued under s. 23.33 (2) (dm), 2009 stats., and the number of
17commercial all-terrain vehicle registration decals issued under s. 23.33 (2) (dm) on
18the last day of February of the previous fiscal year by 25 gallons and multiplying that
19product by the excise tax imposed under s. 78.01 (1) on the last day of February of
20the previous fiscal year.
AB453, s. 167 21Section 167. 25.29 (1) (dm) 4. of the statutes is created to read:
AB453,46,322 25.29 (1) (dm) 4. For fiscal year 2014-15, and for each fiscal year thereafter,
23the estimated all-terrain vehicle gas tax payment is calculated by multiplying the
24sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2)
25(c) or (2g) and the number of commercial all-terrain vehicle registration decals

1issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year
2by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01
3(1) on the last day of February of the previous fiscal year.
AB453, s. 168 4Section 168. 25.29 (1) (dr) of the statutes is created to read:
AB453,46,115 25.29 (1) (dr) For fiscal year 2013-14 and for each fiscal year thereafter, an
6amount equal to the estimated utility terrain vehicle gas tax payment. The
7estimated utility terrain vehicle gas tax payment is calculated by multiplying the
8sum of the number of utility terrain vehicles registered for public use under s. 23.33
9(2) (c) or (2g) on the last day of February of the previous fiscal year by 25 gallons and
10multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day
11of February of the previous fiscal year.
AB453, s. 169 12Section 169. 25.40 (2) (b) 27. of the statutes is created to read:
AB453,46,1313 25.40 (2) (b) 27. Section 20.855 (4) (v).
AB453, s. 170 14Section 170. 25.40 (3) (b) 14. of the statutes is amended to read:
AB453,46,1715 25.40 (3) (b) 14. Transfers to the conservation fund for motor fuel tax collections
16on the use of fuel by snowmobiles, all-terrain vehicles, utility terrain vehicles, and
17motorboats.
AB453, s. 171 18Section 171. 30.26 (4) (title) of the statutes is amended to read:
AB453,46,2019 30.26 (4) (title) Snowmobiles and, all-terrain vehicles, and utility terrain
20vehicles
.
AB453, s. 172 21Section 172. 30.26 (4) (a) (intro.) and (b) of the statutes are amended to read:
AB453,47,222 30.26 (4) (a) (intro.) The department may not prohibit the crossing of a bridge
23over a wild river by an all-terrain vehicle or utility terrain vehicle traveling on an
24all-terrain vehicle trail, as defined under s. 23.33 (1) (d), or by a snowmobile

1traveling on a snowmobile trail, as defined under s. 350.01 (17) that is constructed
2in any of the following locations:
AB453,47,63 (b) The state shall permit all-terrain vehicles, utility terrain vehicles, and
4snowmobiles to travel in a corridor across any state land that separates an
5all-terrain vehicle trail or a snowmobile trail and the bridges constructed at the
6locations listed under par. (a).
AB453, s. 173 7Section 173. 30.29 (1) (b) of the statutes is amended to read:
AB453,47,98 30.29 (1) (b) "Motor vehicle" includes a utility terrain vehicle, as defined in s.
923.33 (1) (ng), and
an all-terrain vehicle, as defined in s. 340.01 (2g).
AB453, s. 174 10Section 174. 70.11 (45m) of the statutes is amended to read:
AB453,47,1411 70.11 (45m) Snowmobile and , all-terrain vehicle, and utility terrain
12vehicle
clubs. Trail groomers owned by a snowmobile club or, an all-terrain vehicle
13club, or a utility terrain vehicle club that is exempt from taxation under section 501
14(c) (3), (4), or (7) of the Internal Revenue Code.
AB453, s. 175 15Section 175. 77.51 (13) (am) of the statutes is amended to read:
AB453,47,1916 77.51 (13) (am) Any person making any retail sale of a motor vehicle, aircraft,
17snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer,
18all-terrain vehicle, utility terrain vehicle, or boat registered or titled, or required to
19be registered or titled, under the laws of this state or of the United States.
AB453, s. 176 20Section 176. 77.51 (13s) of the statutes is amended to read:
AB453,47,2321 77.51 (13s) "Safety classes" means all classes approved by the department of
22natural resources related to hunting, including hunting with a bow, and related to
23firearms, all-terrain vehicles, utility terrain vehicles, boats, and snowmobiles.
AB453, s. 177 24Section 177. 77.54 (7) (b) (intro.) of the statutes is amended to read:
AB453,48,7
177.54 (7) (b) (intro.) If the item transferred is a motor vehicle, snowmobile,
2recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain
3vehicle, utility terrain vehicle, or aircraft and the item is registered or titled, or
4required to be registered or titled, in this state or if the item is a boat that is registered
5or titled, or required to be registered or titled, in this state or under the laws of the
6United States, the exemption under par. (a) applies only if all of the following
7conditions are fulfilled:
AB453, s. 178 8Section 178. 77.61 (1) (a) of the statutes is amended to read:
AB453,48,129 77.61 (1) (a) No motor vehicle, boat, snowmobile, recreational vehicle, as
10defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle , utility terrain
11vehicle,
or aircraft shall be registered or titled in this state unless the registrant
12presents proof that the sales or use taxes imposed by this subchapter have been paid.
AB453, s. 179 13Section 179. 77.61 (1) (b) of the statutes is amended to read:
AB453,48,1714 77.61 (1) (b) In the case of motor vehicles, boats, snowmobiles, recreational
15vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles,
16utility terrain vehicles, or aircraft purchased from a retailer, the registrant shall
17present proof that the tax has been paid to such retailer.
AB453, s. 180 18Section 180. 77.61 (1) (c) of the statutes is amended to read:
AB453,48,2519 77.61 (1) (c) In the case of motor vehicles, boats, snowmobiles, recreational
20vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles,
21utility terrain vehicles, or aircraft registered or titled, or required to be registered or
22titled, in this state purchased from persons who are not retailers, the purchaser shall
23file a sales tax return and pay the tax prior to registering or titling the motor vehicle,
24boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), semitrailer,
25all-terrain vehicle, utility terrain vehicle, or aircraft in this state.
AB453, s. 181
1Section 181. 77.78 of the statutes, as affected by 2011 Wisconsin Act 32, is
2amended to read:
AB453,49,9 377.78 Registration. No motor vehicle, boat, snowmobile, recreational vehicle,
4as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle , utility terrain
5vehicle,
or aircraft that is required to be registered by this state may be registered
6or titled by this state unless the registrant files a sales and use tax report and pays
7the county tax and special district tax at the time of registering or titling to the state
8agency that registers or titles the property. That state agency shall transmit those
9tax revenues to the department of revenue.
AB453, s. 182 10Section 182. 78.01 (2) (e) of the statutes is amended to read:
AB453,49,1511 78.01 (2) (e) Gasoline sold for nonhighway use in mobile machinery and
12equipment; other than use in a snowmobile, an all-terrain vehicle or utility terrain
13vehicle
that is not registered for private use under s. 23.33 (2) (d) or a recreational
14motorboat; and delivered directly into the consumer's storage tank in an amount of
15not less than 100 gallons.
AB453, s. 183 16Section 183. 78.01 (2m) (f) of the statutes is amended to read:
AB453,49,2117 78.01 (2m) (f) It is dyed diesel fuel and is sold for off-highway use other than
18use in a snowmobile, an all-terrain vehicle or utility terrain vehicle that is not
19registered for private use under s. 23.33 (2) (d) or (2g) or in a recreational motorboat
20or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75
21(1m) (a) 3.
AB453, s. 184 22Section 184. 78.40 (1) of the statutes is amended to read:
AB453,50,1123 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate
24determined under ss. 78.405 and 78.407 is imposed on the use of alternate fuels. The
25tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply

1tanks of motor vehicles in this state, attaches at the time of delivery and shall be
2collected by the dealer from the alternate fuels user and shall be paid to the
3department. The tax, with respect to alternate fuels acquired by any alternate fuels
4user other than by delivery by an alternate fuel dealer into a fuel supply tank of a
5motor vehicle, or of a snowmobile, an all-terrain vehicle or utility terrain vehicle that
6is not registered for private use under s. 23.33 (2) (d) or (2g) or a recreational
7motorboat, attaches at the time of the use of the fuel and shall be paid to the
8department by the user. The department may permit any supplier of alternate fuels
9to report and pay to the department the tax on alternate fuels delivered into the
10storage facility of an alternate fuels user or retailer which will be consumed for
11alternate fuels tax purposes or sold at retail.
AB453, s. 185 12Section 185. 78.75 (1m) (a) 2m. of the statutes is amended to read:
AB453,50,1813 78.75 (1m) (a) 2m. A person who uses motor vehicle fuel or an alternate fuel
14upon which has been paid the tax required under this chapter for the purpose of
15operating an all-terrain vehicle, as defined under s. 340.01 (2g), or a utility terrain
16vehicle, as defined under s. 23.33 (1) (ng),
may not be reimbursed or repaid the
17amount of tax paid unless the all-terrain vehicle or utility terrain vehicle is
18registered for private use under s. 23.33 (2) (d) or (2g).
AB453, s. 186 19Section 186. 78.75 (1m) (a) 3. of the statutes is amended to read:
AB453,51,820 78.75 (1m) (a) 3. Claims under subd. 1. shall be made and filed. The forms shall
21indicate that refunds are not available for motor vehicle fuel or alternate fuels used
22for motorboats, except motorboats exempt from registration as motor vehicles under
23s. 341.05 (20) and motorboats that are not recreational motorboats, or motor vehicle
24fuel or alternate fuels used for snowmobiles and that the estimated snowmobile
25motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and

1areas. The forms shall indicate that refunds are not available for motor vehicle fuel
2or alternate fuels used for all-terrain vehicles or utility terrain vehicles unless the
3all-terrain vehicle is registered for private use under s. 23.33 (2) (d) or (2g) and shall
4indicate that estimated all-terrain vehicle or utility terrain vehicle motor vehicle
5fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas.
6The forms shall also indicate that refunds are not available for the tax on less than
7100 gallons. The department shall distribute forms in sufficient quantities to each
8county clerk.
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