SB354: Bill Text

SB354,8,7 4. Manufactured with a locking enclosed cab and a heated interior.

SB354, s. 13 Section 13. 23.33 (1) (ir) of the statutes is amended to read:

SB354,8,12 23.33 (1) (ir) "Operate" means to exercise physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or to physically manipulate or activate any of the controls of an all-terrain the vehicle necessary to put it in motion.

SB354, s. 14 Section 14. 23.33 (1) (it) of the statutes is amended to read:

SB354,8,17 23.33 (1) (it) "Operation" means the exercise of physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or the physical manipulation or activation of any of the controls of an all-terrain the vehicle necessary to put it in motion.

SB354, s. 15 Section 15. 23.33 (1) (iw) of the statutes is amended to read:

SB354,8,22 23.33 (1) (iw) "Operator" means a person who operates an all-terrain vehicle or utility terrain vehicle, who is responsible for the operation of an all-terrain vehicle or utility terrain vehicle or who is supervising the operation of an all-terrain vehicle or utility terrain vehicle.

SB354, s. 16 Section 16. 23.33 (1) (j) of the statutes is amended to read:

SB354,9,2 23.33 (1) (j) "Owner" means a person who has lawful possession of an all-terrain vehicle or utility terrain vehicle by virtue of legal title or equitable interest in the all-terrain vehicle which entitles the person to possession of the all-terrain vehicle.

SB354, s. 17 Section 17. 23.33 (1) (jn) of the statutes is amended to read:

SB354,9,6 23.33 (1) (jn) "Registration documentation" means an all-terrain vehicle or utility terrain vehicle registration certificate, a validated registration receipt, or a registration decal.

SB354, s. 18 Section 18. 23.33 (1) (n) of the statutes is amended to read:

SB354,9,11 23.33 (1) (n) "Used exclusively on private property" means use of an all-terrain vehicle or utility terrain vehicle by the owner of the all-terrain vehicle or a member of his or her immediate family only on land owned or leased by the all-terrain vehicle owner or a member of his or her immediate family.

SB354, s. 19 Section 19. 23.33 (1) (nc) of the statutes is created to read:

SB354,9,14 23.33 (1) (nc) "Utility terrain vehicle dealer" means a person engaged in the sale of utility terrain vehicles for a profit at wholesale or retail.

SB354, s. 20 Section 20. 23.33 (1) (nd) of the statutes is created to read:

SB354,9,18 23.33 (1) (nd) "Utility terrain vehicle distributor" means a person who sells or distributes utility terrain vehicles to utility terrain vehicle dealers or who maintains distributor representatives.

SB354, s. 21 Section 21. 23.33 (1) (ng) 2. of the statutes is created to read:

SB354,9,23 23.33 (1) (ng) 2. A motor driven device that has a net weight of more than 900 pounds, that is originally manufactured with a width of 50 inches or less, that is equipped with a seat designed to be straddled by the operator, and that is designed by the manufacturer to travel on 3 or more low-pressure tires.

SB354, s. 22 Section 22. 23.33 (1) (nh) of the statutes is created to read:

SB354,10,2 23.33 (1) (nh) "Utility terrain vehicle manufacturer" means a person engaged in the manufacture of utility terrain vehicles for sale to the public.

SB354, s. 23 Section 23. 23.33 (1) (np) of the statutes is created to read:

SB354,10,5 23.33 (1) (np) "Utility terrain vehicle renter" means a person engaged in the rental or leasing of utility terrain vehicles to the public.

SB354, s. 24 Section 24. 23.33 (1) (o) of the statutes is amended to read:

SB354,10,10 23.33 (1) (o) "Validated registration receipt" means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate has have been submitted to the department or an agent appointed under sub. (2) (i) 3.

SB354, s. 25 Section 25. 23.33 (1m) of the statutes is created to read:

SB354,10,12 23.33 (1m) Utility terrain vehicle program. (a) In this subsection:

SB354,10,13 1. "Municipality" means a city, village, or town.

SB354,10,14 2. "Public all-terrain vehicle corridor" has the meaning given in sub. (2j) (a).

SB354,10,16 (b) The department or a federal agency, county, or municipality may designate any of the following located within their respective jurisdictions:

SB354,10,18 1. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors that may be used by operators of utility terrain vehicles.

SB354,10,20 2. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors upon which utility terrain vehicle use is prohibited.

SB354,10,25 (c) No person may operate a utility terrain vehicle on an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor unless it is designated as an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor that may be used by operators of utility terrain vehicles as provided under this subsection.

SB354, s. 26 Section 26. 23.33 (2) (a) of the statutes is amended to read:

SB354,11,12 23.33 (2) (a) Requirement. No Except as provided in sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle within this state unless the all-terrain vehicle or utility terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a reflectorized plate or a sign attached in the manner and containing registration decals specified under par. (dm) 3. No Except as provided in sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle or utility terrain vehicle is registered for public use under this subsection or sub. (2g).

SB354, s. 27 Section 27. 23.33 (2) (b) (intro.) of the statutes is amended to read:

SB354,11,15 23.33 (2) (b) Exemptions. (intro.) An all-terrain vehicle or utility terrain vehicle is exempt from registration if it is:

SB354, s. 28 Section 28. 23.33 (2) (b) 1. of the statutes is amended to read:

SB354,11,19 23.33 (2) (b) 1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle or utility terrain vehicle shall display in a visible manner the name of the owner.

SB354, s. 29 Section 29. 23.33 (2) (b) 2. of the statutes is repealed.

SB354, s. 30 Section 30. 23.33 (2) (b) 2m. b. of the statutes is amended to read:

SB354,11,23 23.33 (2) (b) 2m. b. The all-terrain vehicle or utility terrain vehicle displays the registration decal required by the tribe or band.

SB354, s. 31 Section 31. 23.33 (2) (b) 2m. c. of the statutes is repealed:

SB354, s. 32 Section 32. 23.33 (2) (b) 3m. of the statutes is amended to read:

SB354,12,3 23.33 (2) (b) 3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle or utility terrain vehicle.

SB354, s. 33 Section 33. 23.33 (2) (c) of the statutes is renumbered 23.33 (2) (c) 1 and amended to read:

SB354,12,12 23.33 (2) (c) 1. Any all-terrain vehicle or utility terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use for an all-terrain vehicle or utility terrain vehicle is $30. The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application to transfer the registration certificate.

SB354, s. 34 Section 34. 23.33 (2) (c) 2. of the statutes is created to read:

SB354,12,24 23.33 (2) (c) 2. A person who is required to register an all-terrain vehicle or utility terrain vehicle for public use shall attach his or her own plate to the rear of the vehicle and shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible. The plate shall be a minimum of 4 inches in height and a minimum of 7 1/2 inches in width. The plate shall be white and shall display, in black lettering, the registration number for the all-terrain vehicle or utility terrain vehicle issued by the department. The registration number shall be displayed so that it is a minimum of 1 1/2 inches in height, with a minimum of a 3/16 inch stroke. The person required to register the all-terrain vehicle or utility terrain vehicle shall maintain the plate so that it is in legible condition.

SB354, s. 35 Section 35. 23.33 (2) (d) of the statutes is amended to read:

SB354,13,7 23.33 (2) (d) Registration; private use; fee. An all-terrain vehicle or utility terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance of a registration certificate for private use is $15. A person who registers an all-terrain vehicle or utility terrain vehicle for private use shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible.

SB354, s. 36 Section 36. 23.33 (2) (dm) 1. of the statutes is amended to read:

SB354,13,14 23.33 (2) (dm) 1. Every person who is an all-terrain vehicle or utility terrain vehicle manufacturer, all-terrain vehicle or utility terrain vehicle dealer, all-terrain vehicle or utility terrain vehicle distributor, or all-terrain vehicle or utility terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle and utility terrain vehicle certificate.

SB354, s. 37 Section 37 . 23.33 (2) (dm) 2. of the statutes is amended to read:

SB354,13,21 23.33 (2) (dm) 2. The fee for the issuance or renewal of a commercial all-terrain vehicle and utility terrain vehicle certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle and utility terrain vehicle certificate and 3 reflectorized plates registration decals. The fee for additional reflectorized plates registration decals is $30 per plate decal.

SB354, s. 38 Section 38. 23.33 (2) (dm) 3. of the statutes is amended to read:

SB354,14,5 23.33 (2) (dm) 3. A person who is required to obtain a commercial all-terrain vehicle and utility terrain vehicle certificate under subd. 1. shall attach in a clearly visible place a reflectorized plate issued by the department under s. 23.33 (2) (dm) 2., 2009 stats., or a similar plate or sign that is removable and temporarily but firmly mounted to any all-terrain vehicle or utility terrain vehicle that the person leases, rents, offers for sale or otherwise allows to be used whenever the all-terrain vehicle or utility terrain vehicle is being operated. A registration decal issued by the department shall be affixed to the plate or sign specified under this subdivision.

SB354, s. 39 Section 39. 23.33 (2) (dm) 4. of the statutes is amended to read:

SB354,14,9 23.33 (2) (dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle and utility terrain vehicle certificates or reflectorized plates registration decals.

SB354, s. 40 Section 40. 23.33 (2) (e) of the statutes is amended to read:

SB354,14,17 23.33 (2) (e) Other fees. The fee for the transfer of an all-terrain vehicle and utility terrain vehicle registration certificate is $5. The fee for the issuance of a duplicate all-terrain vehicle or utility terrain vehicle registration certificate, duplicate commercial all-terrain vehicle and utility terrain vehicle certificate or duplicate registration decals is $5. The fee for the issuance of registration decals to a county or municipality is $5. There is no fee for the issuance of registration decals to the state.

SB354, s. 41 Section 41. 23.33 (2) (f) 1. of the statutes is renumbered 23.33 (2) (f) and amended to read:

SB354,14,23 23.33 (2) (f) Except as provided under subd. 2., an all-terrain vehicle A public-use registration certificate for an all-terrain vehicle or utility terrain vehicle is valid for a 2-year period beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal.

SB354, s. 42 Section 42. 23.33 (2) (f) 2. of the statutes is repealed.

SB354, s. 43 Section 43. 23.33 (2) (g) of the statutes is amended to read:

SB354,15,3 23.33 (2) (g) Effective period; private use. An all-terrain vehicle or utility terrain vehicle private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle or utility terrain vehicle is transferred.

SB354, s. 44 Section 44. 23.33 (2) (gm) 1. of the statutes is renumbered 23.33 (2) (gm) and amended to read:

SB354,15,9 23.33 (2) (gm) Except as provided under subd. 2., a A commercial all-terrain vehicle and utility terrain vehicle certificate is valid for a 2-year period beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal.

SB354, s. 45 Section 45. 23.33 (2) (gm) 2. of the statutes is repealed.

SB354, s. 46 Section 46. 23.33 (2) (ig) 2. of the statutes is amended to read:

SB354,15,19 23.33 (2) (ig) 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the all-terrain vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.

SB354, s. 47 Section 47. 23.33 (2) (ir) 1. of the statutes is amended to read:

SB354,16,2 23.33 (2) (ir) 1. In addition to the applicable fee under par. (c), (d), or (e), each agent appointed under par. (i) 3. who accepts an application to issue, renew, or transfer registration documentation in person and issues a validated registration receipt under par. (ig) 1. a. shall collect a service fee of $3 each time the agent issues a validated registration the receipt under par. (ig) 1. a . The agent shall retain the entire amount of each service fee the agent collects.

SB354, s. 48 Section 48. 23.33 (2) (o) of the statutes is amended to read:

SB354,16,6 23.33 (2) (o) Receipt of all-terrain vehicle fees. All fees remitted to or collected by the department under par. (ir) for services provided regarding all-terrain vehicles shall be credited to the appropriation account under s. 20.370 (9) (hu).

SB354, s. 49 Section 49. 23.33 (2) (om) of the statutes is created to read:

SB354,16,11 23.33 (2) (om) Receipt of utility terrain vehicle fees. All fees remitted to or collected by the department under par. (ir) for services provided regarding utility terrain vehicles shall be credited to the appropriation account under s. 20.370 (9) (hw).

SB354, s. 50 Section 50. 23.33 (2) (p) 2. of the statutes is amended to read:

SB354,16,14 23.33 (2) (p) 2. The department may establish by rule additional procedures and requirements for all-terrain vehicle or utility terrain vehicle registration.

SB354, s. 51 Section 51. 23.33 (2g) (a) of the statutes is amended to read:

SB354,16,22 23.33 (2g) (a) Authorization for issuance. The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles or utility terrain vehicles that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.

SB354, s. 52 Section 52. 23.33 (2g) (b) 3. of the statutes is amended to read:

SB354,17,2 23.33 (2g) (b) 3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub. (2) (f) 1. or (g) or under a rule promulgated under sub. (2) (f) 2.

SB354, s. 53 Section 53. 23.33 (2g) (c) 2. of the statutes is amended to read:

SB354,17,7 23.33 (2g) (c) 2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle or utility terrain vehicle.

SB354, s. 54 Section 54. 23.33 (2g) (e) 4. of the statutes is amended to read:

SB354,17,13 23.33 (2g) (e) 4. The Lac du Flambeau band shall collect the sales and use taxes due under s. 77.61 (1) on any all-terrain vehicle or utility terrain vehicle registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.

SB354, s. 55 Section 55. 23.33 (2g) (f) 2. of the statutes is amended to read:

SB354,17,19 23.33 (2g) (f) 2. A requirement that the fees collected by the Lac du Flambeau band under par. (b) be used only for a program for registering all-terrain vehicles or utility terrain vehicles, for regulating all-terrain vehicles or utility terrain vehicles and their operation and for providing all-terrain vehicle trails and all-terrain vehicle and utility terrain vehicle facilities.