SB185: Bill Text

Note: There is no ATV damage claim program under current law. If a person's property is damaged by the operation of an ATV in an area not designated for ATV use, the only remedy would be through court-ordered restitution as the judgment in a lawsuit.

This bill establishes an ATV damage claim program under which an applicant may receive a payment for the repair or restoration of property damaged by the operation of ATVs in any area not designated as an ATV route or ATV trail. The provision requires DNR to promulgate rules for implementation of the program. The provision requires the department to verify that certain minimum standards are met regarding the awarding of the payments. These standards include:

1. That the damage to the property was caused by the operation of ATVs in an area not designated as an ATV route or ATV trail.

2. That the applicant reports the trespass and makes reasonable efforts to identify the responsible individual and obtain payment from the individual.

3. That the applicant makes reasonable efforts to prevent reoccurrence of the damage.

DNR may submit a claim only if all eligible claims in an annual payment cycle are paid in full.

SB185, s. 16 Section 16. 23.33 (13) (aw) of the statutes is created to read:

SB185,14,13 23.33 (13) (aw) Penalty related to operation on the property of another. A person who violates s. 23.33 (3) (c) shall forfeit not less than $250 and not more than $1,000.

Note: The current statutes contain a general provision on trespass to land in s. 943.13. This statute prohibits any person from entering the land of another without the express or implied consent of the owner or occupant, or remaining on the land of another after being notified to leave. This statute applies whether or not the person is in a vehicle, and therefore would apply to trespass by a person who is operating an ATV, snowmobile, or other off-road vehicle. The penalty for violation of this statute is a Class B forfeiture, which is a civil penalty of a forfeiture not to exceed $1,000. The trespass statute is enforced by local law enforcement authorities. Wardens of DNR do not have authority to enforce the trespass statute. The trespass statute is enforced by a citation system, similar to that for a traffic citation. The judicial conference sets the actual amount of the bond for violations of the trespass statute, and the basic deposit amount that has been set by the judicial conference is $100. The statutes impose a variety of other surcharges on the basic amount, with the result that the total deposit amount for a person who pleads no contest to a trespass citation is $249.

The current statutes also have provisions regarding entry onto the private property of another without the consent of the owner or lessee, when operating an ATV, snowmobile, or other off-road vehicle. The current penalty for violation of these statutes is a forfeiture not to exceed $250. The judicial conference has also set the amount of the deposit for these violations at $100, with a total deposit for the citation of $249. This statute is enforced by DNR wardens.

This Section of the bill increases the penalty for violation of the current statute that prohibits trespass with an ATV to a forfeiture of not less than $250 and not more than $1,000. If the judicial conference sets the deposit amount at the minimum of $250, the total deposit for this violation would be $438.

It is also possible that the district attorney could issue a complaint and summons and seek a forfeiture up to the maximum of $1,000.

SB185, s. 17 Section 17. 23.33 (13) (g) of the statutes is created to read:

SB185,15,3 23.33 (13) (g) All-terrain vehicle falsification. Any person who violates sub. (2d) (i) is guilty of a Class H felony.

Note: The new provision in this bill related to creating an ATV titling program contains a prohibition on the intentional falsification of either a certificate of title, or an application for a certificate of title, and the intentional authorization, removal, or change of any number or character in an ATV engine serial number or ATV serial number. This provision makes violation of those prohibitions a Class H felony. The maximum penalty for a Class H felony is a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

SB185, s. 18 Section 18. 23.45 (1) (d) of the statutes is amended to read:

SB185,15,8 23.45 (1) (d) "Registration" means any registration documentation, as defined in s. 23.33 (1) (jn) or s. 350.01 (10t), certificate of title documentation under s. 23.33 (2d), or certification or registration documentation, as defined in s. 30.50 (3b), issued by the department or its agents.

SB185, s. 19 Section 19. 25.29 (1) (dm) of the statutes is repealed and recreated to read:

SB185,15,12 25.29 (1) (dm) An amount equal to the estimated all-terrain vehicle gas tax payment. The estimated all-terrain vehicle gas tax payment is the sum of the following amounts:

SB185,16,5 1. An amount calculated by multiplying the number of all-terrain vehicles registered under s. 23.33 (2) (c) or (2g) and the number of reflectorized plates issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year by 50 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.

SB185,16,6 2. An amount equal to 40 percent of the amount calculated under subd. 1.

Note: This provision repeals the current ATV gas tax formula, and replaces it with a new formula. The funds generated by the formula are paid to DNR conservation fund and are used to provide aid to towns, villages, cities, counties, and federal agencies for nonstate ATV projects.

The current gas tax payment is calculated by multiplying the sum of the number of ATVs registered for public use and the number of reflectorized plates issued for commercial ATV use on the last day of February of the previous fiscal year. This number is multiplied by 25 gallons and that product is multiplied by the excise tax on the last day of February of the previous fiscal year (currently, $0.309 per gallon).

The provision in this Section replaces the current formula for ATVs with a formula similar to the snowmobile gas tax payment. The new ATV gas tax payment, created by this bill, is calculated by multiplying the number of ATVs registered for public use and the number of reflectorized plates issued for commercial ATV use on the last day of February of the previous fiscal year by 50 gallons and multiplying that product by the motor vehicle fuel excise tax on the last day of February of the previous fiscal year. This total is then increased by an additional 40%.

Based on DNR estimates of approximately 230,000 public ATV registrations, and assuming that those registrations will not increase, the current fee raises about $1.7 million annually. Assuming the same 230,000 registrations, the fee increase in this provision of the bill would raise approximately $5 million annually. The result is an increase in revenue of approximately $3.3 million annually.

SB185, s. 20 Section 20. 71.10 (5i) of the statutes is created to read:

SB185,16,9 71.10 (5i) Nonmotorized trails program checkoff; nonmotorized vehicles. (a) Definitions. In this subsection:

SB185,16,10 1. "Department" means the department of revenue.

SB185,16,13 2. "Nonmotorized trails program" means the program under s. 23.175 (5t) that provides money for trails that are not open to motorized vehicles and the payment of administrative expenses related to the administration of this subsection.

SB185,17,2 (b) Voluntary payments. 1. `Designation on return.' Every individual filing an income tax return who has a tax liability or is entitled to a tax refund may designate on the return any amount of additional payment or any amount of a refund due that individual for the nonmotorized trails program.

SB185,17,5 2. `Designation added to tax owed.' If the individual owes any tax, the individual shall remit in full the tax due and the amount designated on the return for the nonmotorized trails program when the individual files a tax return.

SB185,17,9 3. `Designation deducted from refund.' Except as provided in par. (d), if the individual is owed a refund for that year after crediting under ss. 71.75 (9) and 71.80 (3) and (3m), the department shall deduct the amount designated on the return for the nonmotorized trails program from the amount of the refund.

SB185,17,13 (c) Errors; failure to remit correct amount. If an individual who owes taxes fails to remit an amount equal to or in excess of the total of the actual tax due, after error corrections, and the amount designated on the return for the nonmotorized trails program:

SB185,17,19 1. The department shall reduce the designation for the nonmotorized trails program to reflect the amount remitted in excess of the actual tax due, after error corrections, if the individual remitted an amount in excess of the actual tax due, after error corrections, but less than the total of the actual tax due, after error corrections, and the amount originally designated on the return for the nonmotorized trails program.

SB185,17,21 2. The designation for the nonmotorized trails program is void if the individual remitted an amount equal to or less than the actual tax due, after error corrections.

SB185,18,3 (d) Errors; insufficient refund. If an individual is owed a refund that does not equal or exceed the amount designated on the return for the nonmotorized trails program, after crediting under ss. 71.75 (9) and 71.80 (3) and (3m) and after error corrections, the department shall reduce the designation for the nonmotorized trails program to reflect the actual amount of the refund that the individual is otherwise owed, after crediting under ss. 71.75 (9) and 71.80 (3) and (3m) and after error corrections.

SB185,18,5 (e) Conditions. If an individual places any conditions on a designation for the nonmotorized trails program, the designation is void.

SB185,18,8 (f) Void designation. If a designation for the nonmotorized trails program is void, the department shall disregard the designation and determine amounts due, owed, refunded, and received without regard to the void designation.

SB185,18,10 (g) Tax return. The secretary of revenue shall provide a place for the designations under this subsection on the individual income tax return.

SB185,18,13 (h) Certification of amounts. Annually, on or before September 15, the secretary of revenue shall certify to the department of natural resources, the department of administration, and the state treasurer all of the following:

SB185,18,16 1. The total amount of the administrative costs, including data processing costs, incurred by the department in administering this subsection during the previous fiscal year.

SB185,18,18 2. The total amount received from all designations for the nonmotorized trails program made by taxpayers during the previous fiscal year.

SB185,18,21 3. The net amount remaining after the administrative costs, including data processing costs, under subd. 1. are subtracted from the total received under subd. 2.

SB185,19,3 (i) Appropriations, disbursement of funds. From the moneys received from designations for the nonmotorized trails program, an amount equal to the sum of administrative expenses, including data processing costs, certified under par. (h) 1. shall be deposited into the general fund and credited to the appropriation account under s. 20.566 (1) (hp), and the net amount remaining that is certified under par. (h) 3. shall be credited to the appropriation account under s. 20.370 (1) (et), for the use specified under s. 23.175 (5t).

SB185,19,10 (j) Amounts subject to refund. Amounts designated for the nonmotorized trails program under this subsection are not subject to refund to the taxpayer unless the taxpayer submits information to the satisfaction of the department, within 18 months after the date on which the taxes are due or the date on which the return is filed, whichever is later, that the amount designated is clearly in error. Any refund granted by the department under this paragraph shall be deducted from the moneys received under this subsection in the fiscal year for which the refund is certified.

SB185, s. 21 Section 21. 350.10 (1) (f) of the statutes is amended to read:

SB185,19,17 350.10 (1) (f) On the private property of another without the consent of the owner or lessee. Failure to post private such property does not imply consent for snowmobile use. Any other motor-driven craft or vehicle principally manufactured for off-highway use shall at all times have the consent of the owner before operation of such craft or vehicle on private lands the property of another. This paragraph does not apply to the right-of-way of a public highway.

Note: This provision of the current statutes is part of the statutes related to snowmobile operation. This paragraph is preceded by an intro. that states: "No person shall operate a snowmobile in the following manner:". This provision is not limited to snowmobiles, but applies also to other "motor-driven craft or vehicle principally manufactured for off-highway use". This bill expands the property that is subject to the prohibition by applying the prohibition to public property as well as private property. The bill does this by deleting "private" in the statute. This bill also creates an exception so that the expanded statute does not apply to a public highway right-of-way.

SB185, s. 22 Section 22. 350.10 (2w) of the statutes is created to read:

SB185,19,20 350.10 (2w) A person who violates s. 350.10 (1) (f) shall forfeit not less than $250 and not more than $1,000.

Note: This provision changes the penalty for violation of the prohibition on operating a snowmobile or other motor-driven craft or vehicle on the property of another from a forfeiture of not to exceed $250 to a minimum forfeiture of $250 and a maximum forfeiture of $1,000. For additional information on trespass, see the note following the amendment to s. 23.33 (13) (aw).

SB185, s. 23 Section 23. 350.11 (1) (a) and (b) of the statutes are amended to read:

SB185,20,4 350.11 (1) (a) Except as provided in par. (b) and subs. (2g), (2m), (2w), and (3), any person who violates any provision of this chapter shall forfeit not more than $250.

SB185,20,8 (b) Except as provided in subs. (2g), (2m), (2w), and (3), any person who violates any provision of this chapter and who, within the last 3 years prior to the conviction for the current violation, was 2 or more times previously convicted for violating the same provision of this chapter shall forfeit not more than $500.

SB185, s. 24 Section 24 . Nonstatutory provisions.

SB185,20,20 (1) Emergency rules on all-terrain vehicle claims. Using the procedure under section 227.24 of the statutes, the department of natural resources shall promulgate the rules required under section 23.33 (8m) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 23.33 (8m) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of natural resources is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB185, s. 25 Section 25. Fiscal changes.

SB185,21,7 (1) State all-terrain vehicle trail projects. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (1) (ms) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $250,000 for fiscal year 2007-08 and the dollar amount is increased by $250,000 for fiscal year 2008-09 for rerouting the Ice Age Trail segment that is affected by the Wild Rivers State Trail and the Tuscobia State Trail.

Note: The appropriation increase provides funds for DNR to reroute a segment of the Ice Age Trail which is now part of two trails, the Wild River State Trail and the Tuscobia State Trail, that allow the use of ATVs.

SB185,21,13 (2) All-terrain vehicle project aids. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (5) (cu) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $2,300,000 for fiscal year 2007-08 and the dollar amount is increased by $2,300,000 for fiscal year 2008-09 to provide aid to towns, villages, cities, counties, and federal agencies for nonstate all-terrain vehicle projects.

Note: The current appropriation for nonstate ATV projects is $1,600,000 in fiscal year 2005-06 and $1,600,000 in fiscal year 2006-07.

SB185,21,19 (3) All-terrain vehicle enforcement. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (5) (er) of the statutes, as affected by the acts of 2007, the dollar amount is increased by $300,000 for fiscal year 2007-08 and the dollar amount is increased by $300,000 for fiscal year 2008-09 to provide aid for local all-terrain vehicle law enforcement.

Note: The current appropriation for local law enforcement aids is $200,000 in fiscal year 2005-06 and $200,000 in fiscal year 2006-07.

SB185, s. 26 Section 26 . Initial applicability.

SB185,22,5 (1) Nonmotorized trails program. The treatment of sections 20.566 (1) (hp) and 71.10 (5i) of the statutes first applies to taxable years beginning on January 1 of the year in which this subsection takes effect, except that if this subsection takes effect after July 31 this act first applies to taxable years beginning on January 1 of the year following the year in which this subsection takes effect.

SB185,22,7 (2) All-terrain vehicle damage program. The treatment of section 23.33 (8m) of the statutes first applies to claims filed on the effective date of this subsection.

SB185,22,10 (3) Trespass. The treatment of sections 23.33 (3) (c) and (13) (aw), 350.10 (1) (f) and (2w), and 350.11 (1) (a) and (b) of the statutes first applies to violations that occur on the effective date of this subsection.

SB185,22,13 (4) Registration fees. The treatment of section 23.33 (2) (c), (d), and (dm) 2. of the statutes first applies to all-terrain vehicle registration certificates issued or renewed on the effective date of this subsection.

SB185,22,16 (5) Trail pass fees. The renumbering and amendment of section 23.33 (2j) (c) of the statutes and the creation of section 23.33 (2j) (c) 2. of the statutes first apply to nonresident trail passes issued or renewed on January 1, 2009.

SB185, s. 27 Section 27. Effective dates. This act takes effect on the day after publication, except as follows:

SB185,22,22 (1) The treatment of sections 20.370 (1) (et), 20.566 (1) (hp), 23.175 (5t), and 71.10 (5i) of the statutes and Sections 24 and 26 (1) of this act take effect on the day after publication, or on the 2nd day after publication of the 2007-09 biennial budget act, whichever is later.

SB185,22,24 (2) The treatment of s. 20.370 (5) (cz) of the statutes and Section 1 of this act take effect on the first day of the 12th month beginning after publication.

SB185,23,3 (3) The treatment of section 23.45 (1) (d) of the statutes, the renumbering and amendment of section 23.33 (2j) (c) of the statutes, and the creation of section 23.33 (2d), (2j) (c) 2. and (13) (g) of the statutes take effect on January 1, 2009.

SB185,23,4 (End)