SB185: Bill Text

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)