LRB-3478/1
MGG:cjs/wj/kg:pg
2003 - 2004 LEGISLATURE
October 15, 2003 - Introduced by Representatives Pettis, Ainsworth, Seratti,
Hines and Van Roy, cosponsored by Senators Harsdorf and Decker. Referred
to Committee on Tourism.
AB596,1,11
1An Act to amend 20.370 (1) (ms), 20.370 (5) (cu), 23.33 (1) (if), 23.33 (2) (a), 23.33
2(2) (c), 23.33 (2) (d), 23.33 (2) (dm) 2., 23.33 (2) (e), 23.33 (5) (c), 23.33 (13) (b)
3(title), 23.33 (13) (b) 2. and 25.29 (1) (dm);
to repeal and recreate 23.33 (5) (b);
4and
to create 20.380 (1) (r), 23.33 (2j), 23.33 (6m), 23.33 (13) (ar), 23.33 (13) (bg)
5and 23.33 (13) (br) of the statutes;
relating to: intoxicated operation of
6all-terrain vehicles, registration fees for all-terrain vehicles, nonresident trail
7passes for all-terrain vehicles, safety training for operating all-terrain
8vehicles, a study concerning the recreational operation of all-terrain vehicles,
9noise level requirements for all-terrain vehicles, the formula used for
10calculating the all-terrain vehicle gas tax payment, granting rule-making
11authority, making appropriations, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Natural Resources (DNR) administers
the laws relating to the operation and registration of all-terrain vehicles (ATVs) and
to providing funding for ATV projects, such as trails, and for ATV vehicle safety. This
bill makes changes to these laws, including the following:
1. The bill increases all of the registration-related fees for registering ATVs.
2. The bill creates a nonresident trail pass that is required to be displayed on
any ATV that is being operated in this state on public trails and corridors and that
is exempt from being registered by this state because the ATV is in the state for less
than 15 consecutive days or because the ATV has been registered by an American
Indian tribe or band that has an agreement with the state for registering ATVs.
Current law requires nonresident stickers, which are similar to these ATV passes,
for the operation of snowmobiles that are not registered by this state.
3. The bill broadens the provisions that exempt ATV operators from having to
comply with certain regulations on private land. Under current law, a minor under
the age of 12 (younger minor) may only operate an ATV if the operation is for an
agricultural purpose not on a roadway and he or she is under the supervision of a
person over 18 years of age or if he or she is operating a small ATV on a trail
designated by the DNR. No safety certificate is required for younger minors.
A minor who is 12, 13, 14, or 15 years old (older minor) may not operate an ATV
unless he or she has an ATV safety certificate or is accompanied by a person over 18
years of age. An older minor may operate an ATV on a roadway, as opposed to a trail,
only for limited purposes and only if the minor has a safety certificate.
Under current law, none of the above restrictions apply to a minor if he or she
is operating the ATV on land that is exclusively under the control of the minor's
immediately family. This bill broadens the exemption to include any land that is not
open to the public.
4. The bill requires that any person who is at least 12 years old and who is born
on or after January 1, 1988, have a valid safety certificate issued by the DNR or a
similar certificate issued by another state or Canadian province to operate an ATV.
This provision does not affect the exemption for minors under the age of 12 who are
authorized to operate ATVs without having a safety certificate under the limited
circumstances described above.
5. The bill increases the penalties imposed on a person operating an ATV under
the influence of an intoxicant or controlled substance if the person's alcohol level is
above a given level. For example, if a person has an alcohol concentration level of
0.17 to 0.199 at the time of the offense, the minimum and maximum fines if convicted
are doubled. Higher alcohol concentration levels result in the minimum and
maximum fines being tripled and quadrupled.
6. The bill prohibits the manufacturing, sale, rental, or operation of an ATV
that is constructed in such a manner that the noise from the ATV exceeds 96 decibels
on the A scale as measured in compliance with rules promulgated by DNR. Current
law only requires that an ATV muffler not produce excessive or unusual noise.
7. The bill increases the number of gallons used in calculating the estimated
ATV gas tax payment from 25 to 52 gallons. The estimated payment is calculated
for each fiscal year by multiplying the number of registered ATVs (except those
registered only for private use) by this number of gallons and then multiplying this
product by the excise tax imposed on gasoline and diesel fuel on the last day of
February of the previous fiscal year.
8. The bill increases funding for ATV trails, safety education, and law
enforcement.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB596, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB596, s. 2
3Section
2. 20.370 (1) (ms) of the statutes is amended to read:
AB596,3,64
20.370
(1) (ms)
General program operations — state all-terrain vehicle projects. 5The amounts in the schedule from moneys received from all-terrain vehicle fees
6under s. 23.33 (2) (c) to (e)
and (2j) for state all-terrain vehicle projects.
AB596, s. 3
7Section
3. 20.370 (5) (cu) of the statutes is amended to read:
AB596,3,128
20.370
(5) (cu)
Recreation aids — all-terrain vehicle project aids. As a
9continuing appropriation, the amounts in the schedule from moneys received from
10all-terrain vehicle fees under s. 23.33 (2) (c) to (e)
and (2j) to provide aid to towns,
11villages, cities, counties, and federal agencies for nonstate all-terrain vehicle
12projects.
AB596, s. 4
13Section
4. 20.380 (1) (r) of the statutes is created to read:
AB596,4,4
120.380
(1) (r)
All-terrain vehicle impact study. Biennially, from the
2conservation fund, the amounts in the schedule from moneys received from
3all-terrain vehicle fees under s. 23.33 (2) (c) to (e) for the all-terrain vehicle impact
4study under 2003 Wisconsin Act .... (this act), section 21 (1
).
AB596, s. 5
5Section
5. 23.33 (1) (if) of the statutes is amended to read:
AB596,4,106
23.33
(1) (if) "Land under the management and control of
a the person's
7immediate family" means land owned or leased by the person or a member of the
8person's immediate family over which the owner or lessee has management and
9control. This term excludes land owned or leased by an organization of which the
10person or a member of the person's immediate family is a member.
AB596, s. 6
11Section
6. 23.33 (2) (a) of the statutes is amended to read:
AB596,4,1912
23.33
(2) (a)
Requirement. No person may operate and no owner may give
13permission for the operation of an all-terrain vehicle within this state unless the
14all-terrain vehicle is registered for public use or for private use under this subsection
15or sub. (2g), is exempt from registration, or is operated with a reflectorized plate
16attached in the manner specified under par. (dm) 3. No person may operate and no
17owner may give permission for the operation of an all-terrain vehicle on
a public an 18all-terrain vehicle route or
an all-terrain vehicle trail unless the all-terrain vehicle
19is registered for public use under this subsection or sub. (2g).
AB596, s. 7
20Section
7. 23.33 (2) (c) of the statutes is amended to read:
AB596,4,2321
23.33
(2) (c)
Registration; public use; fee. Any all-terrain vehicle may be
22registered for public use. The fee for the issuance or renewal of a registration
23certificate for public use is
$12 $30.
AB596, s. 8
24Section
8. 23.33 (2) (d) of the statutes is amended to read:
AB596,5,4
123.33
(2) (d)
Registration; private use; fee. An all-terrain vehicle used
2exclusively for agricultural purposes or used exclusively on private property may be
3registered for private use. The fee for the issuance of a registration certificate for
4private use is
$6 $15.
AB596, s. 9
5Section
9. 23.33 (2) (dm) 2. of the statutes is amended to read:
AB596,5,106
23.33
(2) (dm) 2. The fee for the issuance or renewal of a commercial all-terrain
7vehicle certificate is
$36 $90. Upon receipt of the application form required by the
8department and the fee required under this subdivision, the department shall issue
9to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized
10plates. The fee for additional reflectorized plates is
$12 $30 per plate.
AB596, s. 10
11Section
10. 23.33 (2) (e) of the statutes is amended to read:
AB596,5,1712
23.33
(2) (e)
Other fees. The fee for the transfer of an all-terrain vehicle
13registration certificate is
$2 $5. The fee for the issuance of a duplicate all-terrain
14vehicle registration certificate, duplicate commercial all-terrain vehicle certificate
15or duplicate registration decals is
$2 $5. The fee for the issuance of registration
16decals to a county or municipality is
$2 $5. There is no fee for the issuance of
17registration decals to the state.
AB596, s. 11
18Section
11. 23.33 (2j) of the statutes is created to read:
AB596,5,2219
23.33
(2j) Nonresident trail passes. (a) In this subsection, "public all-terrain
20vehicle corridor" means an all-terrain vehicle trail or other established all-terrain
21vehicle corridor that is open to the public but does not include an all-terrain vehicle
22route.
AB596,5,2523
(b) Except as provided in par. (e), no person may operate an all-terrain vehicle
24on a public all-terrain vehicle corridor in this state unless a nonresident trail pass
25issued under this subsection is displayed on the all-terrain vehicle.
AB596,6,4
1(c) The fee for a nonresident trail pass issued for an all-terrain vehicle that is
2exempt from registration under sub. (2) (b) 2. is $17.25. A nonresident trail pass
3issued for such an all-terrain vehicle may be issued only by the department and
4persons appointed by the department and expires on June 30 of each year.
AB596,6,105
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle
6that is registered under sub. (2g) or s. 23.35. The department or Indian tribe or band
7shall issue a nonresident trail pass for such an all-terrain vehicle when it issues the
8registration certificate for the all-terrain vehicle. The department shall provide
9Indian tribes or bands that register all-terrain vehicles under sub. (2g) or s. 23.35
10with a supply of trail passes.
AB596,6,1711
(e) An all-terrain vehicle that is registered under sub. (2) (a) or that is exempt
12from registration under sub. (2) (b) 1., 3., or 4. is exempt from having a nonresident
13trail pass displayed as required under par. (b). The department may promulgate a
14rule to exempt all-terrain vehicles that are exempt from registration under sub. (2)
15(b) 5. from having nonresident trail passes displayed as required under par. (b) or
16may promulgate a rule to exempt owners of such all-terrain vehicles from having to
17pay any applicable nonresident trail pass fee.
AB596,6,2018
(f) 1. The department may appoint any person who is not an employee of the
19department as the department's agent to issue nonresident trail passes and collect
20the fees for these passes.
AB596,6,2421
2. Any person, including the department, who issues a nonresident trail pass
22shall collect in addition to the fee under par. (c) an issuing fee of 75 cents. An agent
23appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the
24agent for the agent's services in issuing the pass.
AB596,7,3
13. The department shall establish, by rule, procedures for issuing nonresident
2trail passes, and the department may promulgate rules regulating the activities of
3persons who are appointed to be agents under this paragraph.
AB596, s. 12
4Section
12. 23.33 (5) (b) of the statutes is repealed and recreated to read:
AB596,7,75
23.33
(5) (b)
All-terrain vehicle safety certificate. 1. No person who is at least
612 years of age and who is born on or after January 1, 1988, may operate an
7all-terrain vehicle unless he or she holds a valid safety certificate.
AB596,7,128
2. Any person who is required to hold an all-terrain vehicle safety certificate
9while operating an all-terrain vehicle shall carry the certificate on the all-terrain
10vehicle and shall display the certificate to a law enforcement officer on request.
11Persons enrolled in a safety certification program approved by the department may
12operate an all-terrain vehicle in an area designated by the instructor.