SB354: Bill Text

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2011 - 2012 LEGISLATURE

2011 Senate BILL 354

December 28, 2011 - Introduced by Senators Leibham, Holperin, Harsdorf, Moulton, Hansen, Lassa and Taylor, cosponsored by Representatives Severson, Rivard, Endsley, Krug, Marklein, Nygren, A. Ott, Petryk, Spanbauer, Strachota, Tauchen, Tiffany, Tranel and Brooks. Referred to Committee on Transportation and Elections.

SB354,3,6 An Act to repeal 23.33 (2) (b) 2., 23.33 (2) (b) 2m. c., 23.33 (2) (f) 2., 23.33 (2) (gm) 2., 23.33 (11p) (title), 23.33 (11p) (a) (intro.), 23.33 (11p) (a) 1., 23.33 (11p) (a) 5. and 23.33 (11p) (b) to (i); to renumber 23.33 (11p) (a) 2.; to renumber and amend 23.33 (2) (c), 23.33 (2) (f) 1., 23.33 (2) (gm) 1., 23.33 (2j) (c), 23.33 (4) (e) 3., 23.33 (11p) (a) 3., 23.33 (11p) (a) 4., 23.33 (11p) (a) 6. and 25.29 (1) (dm); to amend 20.370 (3) (as), 20.370 (5) (er), 23.119 (1) (b), 23.33 (title), 23.33 (1) (ic), 23.33 (1) (ir), 23.33 (1) (it), 23.33 (1) (iw), 23.33 (1) (j), 23.33 (1) (jn), 23.33 (1) (n), 23.33 (1) (o), 23.33 (2) (a), 23.33 (2) (b) (intro.), 23.33 (2) (b) 1., 23.33 (2) (b) 2m. b., 23.33 (2) (b) 3m., 23.33 (2) (d), 23.33 (2) (dm) 1., 23.33 (2) (dm) 2., 23.33 (2) (dm) 3., 23.33 (2) (dm) 4., 23.33 (2) (e), 23.33 (2) (g), 23.33 (2) (ig) 2., 23.33 (2) (ir) 1., 23.33 (2) (o), 23.33 (2) (p) 2., 23.33 (2g) (a), 23.33 (2g) (b) 3., 23.33 (2g) (c) 2., 23.33 (2g) (e) 4., 23.33 (2g) (f) 2., 23.33 (2j) (b), 23.33 (2j) (d), 23.33 (2j) (e), 23.33 (2m) (title), 23.33 (2m) (a) (intro.), 23.33 (2m) (a) 1., 23.33 (2m) (a) 2., 23.33 (2m) (a) 3., 23.33 (2m) (b), 23.33 (3) (intro.), 23.33 (3) (c), 23.33 (3) (cm), 23.33 (3) (d), 23.33 (3) (h), 23.33 (3g) (intro.), 23.33 (3g) (c), 23.33 (3g) (d), 23.33 (4) (a), 23.33 (4) (b), 23.33 (4) (c) 1., 23.33 (4) (c) 1m., 23.33 (4) (c) 2., 23.33 (4) (d) (intro.), 23.33 (4) (d) 1., 23.33 (4) (d) 2., 23.33 (4) (d) 3., 23.33 (4) (d) 4., 23.33 (4) (d) 5., 23.33 (4) (d) 6., 23.33 (4) (e) (intro.), 23.33 (4) (f), 23.33 (4c) (title), 23.33 (4c) (a) 1., 23.33 (4c) (a) 2., 23.33 (4c) (a) 2m., 23.33 (4c) (a) 3., 23.33 (4c) (b) 1., 23.33 (4c) (b) 2., 23.33 (4c) (b) 2m., 23.33 (4g) (a), 23.33 (4g) (b), 23.33 (4j), 23.33 (4L), 23.33 (4p) (a) 1., 23.33 (4p) (a) 3., 23.33 (4p) (b) 4., 23.33 (4p) (c) 1., 23.33 (4p) (c) 2., 23.33 (4p) (d), 23.33 (4p) (e) 1., 23.33 (4p) (e) 2., 23.33 (4t), 23.33 (4x) (title), 23.33 (4z) (a) 1., 23.33 (4z) (a) 2., 23.33 (4z) (b), 23.33 (5) (a) (title), 23.33 (5) (b), 23.33 (5) (c), 23.33 (5) (d), 23.33 (6) (a), (b), (c), (d), (e) and (h), 23.33 (6m), 23.33 (7), 23.33 (8) (d), 23.33 (8) (e), 23.33 (8) (f) 1., 23.33 (8) (f) 2., 23.33 (9) (a), 23.33 (11) (a), 23.33 (11) (am) 2., 23.33 (11) (b), 23.33 (12) (b), 23.33 (13) (b) (title), 23.33 (13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (b) 4., 23.33 (13) (bg), 23.33 (13) (br) (title), 23.33 (13) (dm), 23.33 (13) (e), 23.33 (13) (f), 23.35 (1) (intro.), 23.35 (1) (a), 23.35 (1) (b), 23.35 (1) (e), 23.35 (2), 25.29 (1) (b), 25.40 (3) (b) 14., 30.26 (4) (title), 30.26 (4) (a) (intro.) and (b), 30.29 (1) (b), 70.11 (45m), 77.51 (13) (am), 77.51 (13s), 77.54 (7) (b) (intro.), 77.61 (1) (a), 77.61 (1) (b), 77.61 (1) (c), 77.78, 78.01 (2) (e), 78.01 (2m) (f), 78.40 (1), 78.75 (1m) (a) 2m., 78.75 (1m) (a) 3., 100.48 (2), (3) (a) and (4) (c), 322.111, 323.20, 340.01 (27g), 340.01 (32) (intro.), 340.01 (35), 341.057, 344.61 (1), 345.11 (1r), 346.02 (11), 346.66 (1) (c), 346.71 (1), 346.71 (2), 347.24 (1) (c), 347.415 (1g), 347.415 (1m), 885.235 (1g) (intro.), 885.235 (1k), 895.043 (6), 895.049, 895.52 (1) (g), 895.525 (2), 901.053, 938.17 (title), 938.17 (1) (intro.) and 938.343 (9); and to create 20.370 (1) (iw), 20.370 (1) (mr), 20.370 (5) (eu), 20.370 (5) (gr), 20.370 (9) (hw), 20.855 (4) (v), 23.33 (1) (ip), 23.33 (1) (nc), 23.33 (1) (nd), 23.33 (1) (ng) 2., 23.33 (1) (nh), 23.33 (1) (np), 23.33 (1m), 23.33 (2) (c) 2., 23.33 (2) (om), 23.33 (2j) (c) 2., 23.33 (2k), 23.33 (3) (em), 23.33 (4) (e) 3. a., 23.33 (4) (e) 3. b., 23.33 (4) (e) 3m., 23.33 (5) (am), 23.33 (5) (b) 1m., 23.33 (6) (i), 23.33 (6r), 23.33 (9) (bg), 25.29 (1) (dm) 3., 25.29 (1) (dm) 4., 25.29 (1) (dr), 25.40 (2) (b) 27. and 100.48 (1) (d) of the statutes; relating to: registration and operation of all-terrain vehicles and utility terrain vehicles, granting rule-making authority, and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Natural Resources (DNR) regulates the operation of all-terrain vehicles (ATVs). DNR also regulates utility terrain vehicles (UTVs), in consultation with the Department of Transportation, under a pilot program that expires on June 30, 2012.

UTV pilot program

Under current law, a UTV is defined as a motor driven device, other than a golf cart or low-speed vehicle, that is designed to be used primarily off of a highway and that has, and was originally manufactured with, certain features, including a gross weight of more than 900 pounds but not more than 1,999 pounds, a cargo or dump box, four or more low-pressure tires, non-straddling seats for at least two occupants, and certain safety systems.

The UTV pilot program allows DNR, a federal agency, a county, or a municipality to designate an ATV route or trail within its respective jurisdiction for use by persons operating UTVs. The UTV pilot program provides that if a county adopts a resolution electing to participate in the pilot program, then the resolution applies to all of the municipalities within the county unless a municipality adopts a resolution to opt out of the program.

Under the UTV pilot program, no person may operate a UTV on a designated ATV route or trail unless DNR registers the UTV. The UTV pilot program authorizes DNR to register and charge registration fees for UTVs in the same manner as it registers and charges registration fees for ATVs that are registered for public use under current law. Under the UTV pilot program, certain laws that apply to ATVs also apply to UTVs, including traffic citation laws, rules of operation, prohibitions on operation while intoxicated, and certain equipment requirements. The UTV pilot program prohibits a person who is younger than 16 from operating a UTV and requires a person who is born on or after January 1, 1988, and who operates a UTV to hold a valid all-terrain vehicle safety certificate.

UTV operation and funding under the bill

This bill eliminates the UTV pilot program and establishes a permanent method for regulating the use of UTVs on ATV routes and trails. As with the pilot program, the bill authorizes DNR and federal agencies, counties, and municipalities to designate ATV routes and trails that may be used by persons operating UTVs. Under the bill, as under the pilot program, most of the laws that apply to the operation of ATVs also apply to the operation of UTVs. As under the UTV pilot program, the bill allows the operation of UTVs only on those ATV routes and trails that are specifically designated as open to UTV operation. The bill requires DNR to establish uniform signs and standards for the operation of UTVs on ATV routes and trails. The definition of a UTV under the bill is similar to the definition under the pilot program except that it also specifies that a vehicle does not qualify as a UTV if the vehicle would meet federal motor vehicle safety standards, or if it is a dune buggy, mini-truck, or tracked vehicle. The bill also provides that a vehicle that satisfies all requirements to meet the definition of an ATV qualifies instead as a UTV if the vehicle exceeds the weight limit under the ATV definition.

As under the UTV pilot program, the bill generally prohibits a person under the age of 16 from operating a UTV. The bill authorizes a person who is under 16 years of age to operate a UTV if the person operates the UTV for an agricultural purpose and the person is under the supervision of a person who is over 18 years of age. As under current law, as it applies to ATV operation, these age restrictions do not apply to a person who operates a UTV exclusively on land under the management and control of the person's immediate family.

Under current law, the ATV program administered by DNR is primarily funded by fees generated from ATV registrations and the sale of trail passes. Under this bill, the UTV program is also primarily funded by UTV registrations and the sale of trail passes, but the bill authorizes DNR to expend these funds primarily for projects to improve or maintain those ATV trails that may be used by operators of UTVs.

The ATV program under current law is also funded by an annual transfer from the transportation fund to the conservation fund of an amount equal to the estimated ATV gas tax payment. The amount of the estimated ATV gas tax payment is calculated for each fiscal year by multiplying the number of registered ATVs (except those registered only for private use) by 25 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. This bill requires a similar annual transfer from the transportation fund to the conservation fund. The amount of the transfer under the bill is equal to the estimated UTV gas tax payment. This amount is calculated in the same manner as the ATV gas tax payment is calculated except that it does not include, in that calculation, commercial UTV registrations.

Miscellaneous provisions

This bill makes various other changes to the laws relating to ATVs. The changes include the following:

1. Current law does not require ATVs that are registered for public use to display a registration plate. This bill requires a person who owns an ATV or UTV that is registered for public use to furnish a plate on which the registration number is displayed. The bill also requires the person to affix a registration decal, furnished by DNR, to each side of the ATV or UTV.

2. The bill requires a person who registers an ATV or UTV for private use to affix a registration decal, furnished by DNR, to each side of the ATV or UTV. Current law does not require ATVs registered for private use to display registration decals.

3. Under current law, a manufacturer, dealer, distributor, or renter (commercial dealer) of ATVs must register with DNR and obtain a commercial ATV certificate. Upon registration, DNR issues three reflectorized plates to the commercial dealer and the dealer may allow the ATV to be operated only if a reflectorized plate is attached to the ATV. Under this bill, a commercial dealer of ATVs, UTVs, or both, must register with DNR and obtain a commercial ATV and UTV certificate. The bill requires a commercial dealer of ATVs or UTVs to display a plate or sign on the ATV or UTV but does not require DNR to supply reflectorized plates. Under the bill, DNR must issue registration decals upon registering a commercial dealer of ATVs or UTVs, and the commercial dealer may not allow the ATV or UTV to be operated without a decal affixed to the plate or sign furnished by the commercial dealer.

4. Under current law, with certain exceptions, a person who operates an ATV on a public ATV trail must obtain a nonresident trail pass from DNR and display the pass on the ATV. A person who registers an ATV is exempt from this requirement. This bill requires that a nonresident trail pass issued to an operator of an ATV or UTV must be permanently affixed in a highly visible location on the forward half of the ATV or UTV.

5. A nonresident trail pass issued under current law expires on June 30 of each year. This bill changes the expiration date for these annual passes to March 31 and authorizes DNR to issue five-day nonresident trail passes.

6. A public-use registration certificate for an ATV under current law is valid for a two-year period. This bill specifies that a public-use registration certificate is valid for both an ATV and a UTV beginning on April 1 or the date of issuance or renewal and ending March 31 of the second year following the date of issuance or renewal.

7. This bill provides that registration and nonresident trail pass requirements do not apply to a person operating an ATV or UTV during the first full weekend in June of each year.

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:

SB354, s. 1 Section 1. 20.370 (1) (iw) of the statutes is created to read:

SB354,6,2 20.370 (1) (iw) Utility terrain vehicle fees. All moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for administration of the utility terrain vehicle program under s. 23.33 (1m). This paragraph does not apply after June 30, 2013.

SB354, s. 2 Section 2. 20.370 (1) (mr) of the statutes is created to read:

SB354,6,6 20.370 (1) (mr) General program operations — state utility terrain vehicle projects. The amounts in the schedule from moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for state utility terrain vehicle projects.

SB354, s. 3 Section 3. 20.370 (3) (as) of the statutes is amended to read:

SB354,6,13 20.370 (3) (as) Law enforcement — all-terrain vehicle and utility terrain vehicle enforcement. The amounts in the schedule from moneys received from all-terrain vehicle and utility terrain vehicle fees under s. 23.33 (2) (c) to (e), for state law enforcement operations related to all-terrain vehicles and utility terrain vehicles, including actual enforcement, safety training, accident reporting, and similar activities.

SB354, s. 4 Section 4. 20.370 (5) (er) of the statutes is amended to read:

SB354,6,18 20.370 (5) (er) Enforcement aids — all-terrain vehicle and utility terrain vehicle enforcement. The amounts in the schedule from moneys received from all-terrain vehicle and utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for local law enforcement aids.

SB354, s. 5 Section 5. 20.370 (5) (eu) of the statutes is created to read:

SB354,6,23 20.370 (5) (eu) Recreation aids — utility terrain vehicle project aids. As a continuing appropriation, the amounts in the schedule from moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages, cities, counties, and federal agencies for nonstate utility terrain vehicle projects.

SB354, s. 6 Section 6. 20.370 (5) (gr) of the statutes is created to read:

SB354,7,4 20.370 (5) (gr) Recreation aids — utility terrain vehicle project aids; gas tax payment. As a continuing appropriation, an amount equal to the estimated utility terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties, and federal agencies for nonstate utility vehicle projects.

SB354, s. 7 Section 7. 20.370 (9) (hw) of the statutes is created to read:

SB354,7,8 20.370 (9) (hw) Utility terrain vehicle fees. All moneys received by the department as provided under s. 23.33 (2) (om) for issuing and renewing utility terrain vehicle registration documentation by the department under s. 23.33 (2) (i).

SB354, s. 8 Section 8. 20.855 (4) (v) of the statutes is created to read:

SB354,7,14 20.855 (4) (v) Transfer to conservation fund; utility terrain vehicle formula. From the transportation fund, a sum sufficient in an amount equal to the amount to be paid into the conservation fund as determined under s. 25.29 (1) (dr). The amounts may be paid at such intervals during each fiscal year as the secretary of administration deems appropriate or necessary.

SB354, s. 9 Section 9. 23.119 (1) (b) of the statutes is amended to read:

SB354,7,18 23.119 (1) (b) "Off-highway vehicle" means a motor-driven craft or vehicle principally manufactured for off-highway use but does not include a snowmobile or, all-terrain vehicle, or utility terrain vehicle.

SB354, s. 10 Section 10. 23.33 (title) of the statutes is amended to read:

SB354,7,20 23.33 (title) All-terrain vehicles and utility terrain vehicles.

SB354, s. 11 Section 11. 23.33 (1) (ic) of the statutes is amended to read: