2. Any person who is required to hold an all-terrain vehicle safety certificate while operating an all-terrain vehicle shall carry the certificate on the all-terrain vehicle and shall display the certificate to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle in an area designated by the instructor.
251,11
Section
11. 23.33 (6m) of the statutes is created to read:
23.33 (6m) Noise limits. (a) No person may manufacture, sell, rent or operate an all-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.
251,12
Section
12. 23.33 (13) (ar) of the statutes is created to read:
23.33 (13) (ar) Penalty related to nonresident trail passes. Any person who violates sub. (2j) shall forfeit not more than $1,000.
251,13
Section
13. 23.33 (13) (b) (title) of the statutes is amended to read:
23.33 (13) (b) (title) Penalties related to prohibited intoxicated operation of an all-terrain vehicle; intoxicants; refusal.
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 law or the refusal law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
251,15
Section
15. 23.33 (13) (bg) of the statutes is created to read:
23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain vehicle; underage passengers. If there is a passenger under 16 years of age on the all-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.
251,16
Section
16. 23.33 (13) (br) of the statutes is created to read:
23.33 (13) (br) Penalties related to intoxicated operation of an all-terrain vehicle; enhancers. 1. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration of 0.17 to 0.199 at the time of the offense, the minimum and maximum fines specified under par. (b) 3. for the conviction are doubled.
2. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration of 0.20 to 0.249 at the time of the offense, the minimum and maximum fines specified under par. (b) 3. for the conviction are tripled.
3. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration of 0.25 or above at the time of the offense, the minimum and maximum fines under par. (b) 3. for the conviction are quadrupled.
4. The increased fines in this paragraph do not apply if the person convicted under sub. (4c) (a) 1. or 2. is subject to par. (bg).
251,17
Section
17
.
Nonstatutory provisions.
(1) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2005-07 budget bill, the department of natural resources shall submit information concerning the appropriation under section 20.370 (3) (as) of the statutes as though the increase in the dollar amount of that appropriation by Section 18 (2) of this act had been $276,000 instead of $556,000.
251,18
Section
18
.
Appropriation changes.
(1) State all-terrain vehicle trail maintenance. 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 2003, the dollar amount is increased by $165,000 for fiscal year 2004-05 for maintenance of state all-terrain trails.
(2) State law enforcement positions. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (3) (as) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $556,000 for fiscal year 2004-05 to increase the authorized FTE positions for the department by 4.0 SEG warden positions.
(3) All-terrain vehicle safety education. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (3) (as) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $154,200 for fiscal year 2004-05 to increase the authorized FTE positions for the department by 1.0 SEG education position and to provide funding for all-terrain vehicle safety education activities.
(4) All-terrain vehicle safety program. 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) (cx) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $150,000 for fiscal year 2003-04 and the dollar amount is increased by $150,000 for fiscal year 2004-05 to increase funding for the purpose for which the appropriation is made.
(5) All-terrain vehicle equipment. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of natural resources under section 20.370 (3) (as) of the statutes, as affected by the acts of 2003, the dollar amount is increased by $100,000 for fiscal year 2003-04 and the dollar amount is increased by $100,000 for fiscal year 2004-05 to purchase equipment to determine whether all-terrain vehicles comply with applicable noise limitations.
(6) County all-terrain vehicle trails. 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 2003, the dollar amount is increased by $871,000 for fiscal year 2004-05 to provide aid to counties for county all-terrain vehicle trails.
(7) County law 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 2003, the dollar amount is increased by $70,000 for fiscal year 2004-05 to provide aid to counties for all-terrain vehicle law enforcement.
251,19
Section
19
.
Initial applicability.
(1)
Fee increase. The treatment of section 23.33 (2) (c), (d), (dm) 2., and (e) of the statutes first applies to all-terrain vehicle registration certificates issued or renewed on the effective date of this subsection.
(2) Intoxicated operation. The treatment of section 23.33 (13) (b) (title) and 2., (bg), and (br) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of convictions that occurred before the effective date of this subsection as prior convictions for purposes of sentencing by a court.
251,20
Section
20.
Effective date.
(1) This act takes effect on April 1, 2004, or on the day after publication, whichever is later.
