SB354: Bill Text

SB354,34,11 23.33 (5) (c) Exceptions. Paragraphs (a) and (b) do not apply to a person who operates an all-terrain vehicle or utility terrain vehicle exclusively on land under the management and control of the person's immediate family. Paragraphs (a) and (b) do not apply to a person at least 12 years of age but under 16 years of age who holds a valid certificate issued by another state or a province of Canada.

SB354, s. 125 Section 125. 23.33 (5) (d) of the statutes is amended to read:

SB354,35,2 23.33 (5) (d) Safety certification program established. The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle and utility terrain vehicle laws, including the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

SB354, s. 126 Section 126. 23.33 (6) (a), (b), (c), (d), (e) and (h) of the statutes are amended to read:

SB354,35,8 23.33 (6) (a) A person who operates an all-terrain vehicle or utility terrain vehicle during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle or utility terrain vehicle.

SB354,35,12 (b) The headlamp on an all-terrain vehicle or utility terrain vehicle is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle or utility terrain vehicle.

SB354,35,15 (c) The tail lamp on an all-terrain vehicle or utility terrain vehicle is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.

SB354,35,17 (d) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with at least one brake operated either by hand or by foot.

SB354,35,22 (e) Every all-terrain vehicle and utility terrain vehicle is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service. This paragraph does not apply to an all-terrain vehicle or utility terrain vehicle that is operated exclusively by means of an electric motor.

SB354,36,2 (h) A person who operates an all-terrain vehicle or utility terrain vehicle with a snow removal device attached as authorized under s. 23.33 (4) (f) is required to display at least one or more flashing or rotating amber or yellow lights, and at least one of these lights shall be visible from every direction.

SB354, s. 127 Section 127. 23.33 (6) (i) of the statutes is created to read:

SB354,36,7 23.33 (6) (i) No person may operate a utility terrain vehicle unless each passenger is wearing a safety belt installed by the manufacturer and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.

SB354, s. 128 Section 128. 23.33 (6m) of the statutes is amended to read:

SB354,36,12 23.33 (6m) Noise limits. No person may manufacture, sell, rent or operate an all-terrain vehicle or utility terrain vehicle that is constructed in such a manner that noise emitted from the all-terrain vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.

SB354, s. 129 Section 129. 23.33 (6r) of the statutes is created to read:

SB354,36,15 23.33 (6r) Passenger restrictions. No person may ride in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.

SB354, s. 130 Section 130. 23.33 (7) of the statutes is amended to read:

SB354,36,22 23.33 (7) Accidents. (a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle and utility terrain vehicle involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.

SB354,37,2 (b) If the operator of an all-terrain vehicle or utility terrain vehicle is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.

SB354, s. 131 Section 131. 23.33 (8) (d) of the statutes is amended to read:

SB354,37,7 23.33 (8) (d) Restrictions. The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle or utility terrain vehicle during certain periods of the year.

SB354, s. 132 Section 132. 23.33 (8) (e) of the statutes is amended to read:

SB354,37,14 23.33 (8) (e) Signs. The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards and uniform signs and standards for the operation of utility terrain vehicles on all-terrain vehicle routes and trails. The standards may not require that any additional signs be placed on all-terrain vehicle routes concerning the operation of all-terrain vehicles or utility terrain vehicles with snow removal devices attached.

SB354, s. 133 Section 133. 23.33 (8) (f) 1. of the statutes is amended to read:

SB354,37,23 23.33 (8) (f) Interference with signs and standards prohibited. 1. No person may intentionally remove, damage, deface, move or, obstruct, or interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standard or intentionally interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standards or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail if the sign or standard is legally placed by the state, any municipality or any authorized individual.

SB354, s. 134 Section 134. 23.33 (8) (f) 2. of the statutes is amended to read:

SB354,38,9 23.33 (8) (f) 2. No person may possess any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform all-terrain vehicle route or trail sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard or uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail creates a rebuttable presumption of illegal possession.

SB354, s. 135 Section 135. 23.33 (9) (a) of the statutes is amended to read:

SB354,38,16 23.33 (9) (a) Enforcement. The department may utilize moneys received under sub. (2) for all-terrain vehicle and utility terrain vehicle registration aids administration and for the purposes specified under s. 20.370 (3) (as) and (5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.

SB354, s. 136 Section 136. 23.33 (9) (bg) of the statutes is created to read:

SB354,39,2 23.33 (9) (bg) Projects for utility terrain vehicles. A project to improve or maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for funding as a state utility terrain vehicle project from the appropriation account under s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the appropriation accounts under s. 20.370 (5) (eu) and (gr). The maximum amount allowed for aid under this paragraph is $100 per mile for all-terrain vehicle trails that are maintained not less than 3 months per year including the months of June, July, and August. If the requests for aid for projects under this paragraph exceed the funds available, the department shall distribute available funds to qualified applicants on a proportional basis.

SB354, s. 137 Section 137. 23.33 (11) (a) of the statutes is amended to read:

SB354,39,7 23.33 (11) (a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles and utility terrain vehicles on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.

SB354, s. 138 Section 138. 23.33 (11) (am) 2. of the statutes is amended to read:

SB354,39,14 23.33 (11) (am) 2. For a roadway, or for a portion of a roadway, that is located within the territorial boundaries of a city, village, or town, the city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles and utility terrain vehicles with snow removal devices attached on the roadway, or adjacent to the roadway, if the applicable roadway speed limit is greater than 45 miles per hour, and regardless of whether the city, village, or town has jurisdiction over the roadway.

SB354, s. 139 Section 139. 23.33 (11) (b) of the statutes is amended to read:

SB354,39,20 23.33 (11) (b) If a county, town, city, or village adopts an ordinance regulating all-terrain vehicles, utility terrain vehicles, or both, its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the municipality or county having jurisdiction over any highway designated as an all-terrain vehicle route.

SB354, s. 140 Section 140. 23.33 (11p) (title) of the statutes is repealed.

SB354, s. 141 Section 141. 23.33 (11p) (a) (intro.) of the statutes is repealed.

SB354, s. 142 Section 142. 23.33 (11p) (a) 1. of the statutes is repealed.

SB354, s. 143 Section 143. 23.33 (11p) (a) 2. of the statutes is renumbered 23.33 (1) (fm).

SB354, s. 144 Section 144. 23.33 (11p) (a) 3. of the statutes is renumbered 23.33 (1) (ik) and amended to read:

SB354,40,6 23.33 (1) (ik) "Low pressure tire" means a tire that has a minimum width of 6 inches and that is designed to be inflated with an operating pressure not to exceed 20 pounds per square inch as recommended by the manufacturer has the meaning given in s. 340.01 (27g).

SB354, s. 145 Section 145. 23.33 (11p) (a) 4. of the statutes is renumbered 23.33 (1) (im) and amended to read:

SB354,40,12 23.33 (1) (im) "Low-speed vehicle" means a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and that was originally manufactured to meet the applicable equipment standards under 49 CFR 571.500 has the meaning given in s. 340.01 (27h).

SB354, s. 146 Section 146. 23.33 (11p) (a) 5. of the statutes is repealed.

SB354, s. 147 Section 147. 23.33 (11p) (a) 6. of the statutes is renumbered 23.33 (1) (ng) (intro.) and 23.33 (1) (ng) (intro.) and 1. a. and c., as renumbered, are amended to read:

SB354,40,17 23.33 (1) (ng) (intro.) "Utility terrain vehicle" means a any of the following:

SB354,40,22 1. A motor driven device, other than that does not meet federal motor vehicle safety standards in effect on the effective date of this subdivision .... [LRB inserts date], that is not a golf cart or, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway , and that has, and was originally manufactured with, all of the following:

SB354,40,24 a. A gross net weight of more than 900 pounds but not more less than 1,999 2,000 pounds.

SB354,40,25 c. A cargo box or dump box installed by the manufacturer.

SB354, s. 148 Section 148. 23.33 (11p) (b) to (i) of the statutes are repealed.

SB354, s. 149 Section 149. 23.33 (12) (b) of the statutes is amended to read:

SB354,41,5 23.33 (12) (b) No operator of an all-terrain vehicle or utility terrain vehicle may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in s. 939.22 (5).

SB354, s. 150 Section 150. 23.33 (13) (b) (title) of the statutes is amended to read:

SB354,41,8 23.33 (13) (b) (title) Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle.

SB354, s. 151 Section 151. 23.33 (13) (b) 2. of the statutes is amended to read:

SB354,41,15 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or the refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.

SB354, s. 152 Section 152. 23.33 (13) (b) 3. of the statutes is amended to read:

SB354,41,22 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

SB354, s. 153 Section 153. 23.33 (13) (b) 4. of the statutes is amended to read:

SB354,41,25 23.33 (13) (b) 4. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has not attained the age of 19 21 shall forfeit not more than $50.

SB354, s. 154 Section 154. 23.33 (13) (bg) of the statutes is amended to read:

SB354,42,7 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle; underage passengers. If there is a passenger under 16 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a violation that gives rise to a conviction under sub. (4c) (a) 1. or 2. or (4p) (e), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under pars. (b) 1., 2., and 3. for the conviction are doubled.

SB354, s. 155 Section 155. 23.33 (13) (br) (title) of the statutes is amended to read:

SB354,42,10 23.33 (13) (br) (title) Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle; enhancers.

SB354, s. 156 Section 156. 23.33 (13) (dm) of the statutes is amended to read:

SB354,42,18 23.33 (13) (dm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

SB354, s. 157 Section 157. 23.33 (13) (e) of the statutes is amended to read:

SB354,43,3 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle or utility terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

SB354, s. 158 Section 158. 23.33 (13) (f) of the statutes is amended to read:

SB354,43,9 23.33 (13) (f) Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, that the defendant removed, damaged, defaced, moved or obstructed.

SB354, s. 159 Section 159. 23.35 (1) (intro.) of the statutes is amended to read:

SB354,43,17 23.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles and, all-terrain vehicles, and utility terrain vehicles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:

SB354, s. 160 Section 160. 23.35 (1) (a) of the statutes is amended to read:

SB354,43,21 23.35 (1) (a) Requires that boats, snowmobiles and, all-terrain vehicles, and utility terrain vehicles display decals or identification numbers showing valid registration by the tribe or band.

SB354, s. 161 Section 161. 23.35 (1) (b) of the statutes is amended to read:

SB354,44,2 23.35 (1) (b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile or, all-terrain vehicle , or utility terrain vehicle.

SB354, s. 162 Section 162. 23.35 (1) (e) of the statutes is amended to read:

SB354,44,16 23.35 (1) (e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles and , all-terrain vehicles, and utility terrain vehicles registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile or, all-terrain vehicle, or utility terrain vehicle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile or, all-terrain vehicle, or utility terrain vehicle that is registered by the tribe or band.

SB354, s. 163 Section 163. 23.35 (2) of the statutes is amended to read:

SB354,44,20 23.35 (2) An agreement entered into under sub. (1) may cover a registration program for boats, snowmobiles or, all-terrain vehicles, or utility terrain vehicles or any combination thereof.

SB354, s. 164 Section 164. 25.29 (1) (b) of the statutes is amended to read:

SB354,44,24 25.29 (1) (b) One percent of all sales and use taxes under s. 77.61 (1) on all-terrain vehicles, utility terrain vehicles, boats and snowmobiles collected under ss. 23.33, 30.52 (4), 350.12 and 350.122.

SB354, s. 165 Section 165. 25.29 (1) (dm) of the statutes is renumbered 25.29 (1) (dm) 1. and amended to read:

SB354,45,4 25.29 (1) (dm) 1. For fiscal year 1991-92 and for each fiscal year thereafter, an An amount equal to the estimated all-terrain vehicle gas tax payment. The

SB354,45,11 2. For fiscal years before fiscal year 2013-14, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) and the number of reflectorized plates issued under s. 23.33 (2) (dm), 2009 stats., on the last day of February of the previous fiscal year by 25 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.

SB354, s. 166 Section 166. 25.29 (1) (dm) 3. of the statutes is created to read:

SB354,45,20 25.29 (1) (dm) 3. For fiscal year 2013-14, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g), the number of reflectorized plates issued under s. 23.33 (2) (dm), 2009 stats., and the number of commercial all-terrain vehicle registration decals issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 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.