AB596-ASA1,5,1917 3. The department shall establish, by rule, procedures for issuing nonresident
18trail passes, and the department may promulgate rules regulating the activities of
19persons who are appointed to be agents under this paragraph.
AB596-ASA1, s. 12 20Section 12. 23.33 (6m) of the statutes is created to read:
AB596-ASA1,5,2421 23.33 (6m) Noise limits. (a) No person may manufacture, sell, rent or operate
22an all-terrain vehicle that is constructed in such a manner that noise emitted from
23the all-terrain vehicle exceeds 96 decibels on the A scale as measured in the manner
24prescribed under rules promulgated by the department.
AB596-ASA1, s. 13 25Section 13. 23.33 (13) (ar) of the statutes is created to read:
AB596-ASA1,6,2
123.33 (13) (ar) Penalty related to nonresident trail passes. Any person who
2violates sub. (2j) shall forfeit not more than $1,000.
AB596-ASA1, s. 14 3Section 14. 23.33 (13) (b) (title) of the statutes is amended to read:
AB596-ASA1,6,54 23.33 (13) (b) (title) Penalties related to prohibited intoxicated operation of an
5all-terrain vehicle
; intoxicants; refusal.
AB596-ASA1, s. 15 6Section 15. 23.33 (13) (b) 2. of the statutes, as affected by 2003 Wisconsin Act
797
, is amended to read:
AB596-ASA1,6,138 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
9(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
10current violation, was convicted previously under the intoxicated operation of an
11all-terrain vehicle law or the refusal law shall be fined not less than $300 nor more
12than $1,000 $1,100 and shall be imprisoned not less than 5 days nor more than 6
13months.
AB596-ASA1, s. 16 14Section 16. 23.33 (13) (bg) of the statutes is created to read:
AB596-ASA1,6,2015 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain
16vehicle; underage passengers.
If there is a passenger under 16 years of age on the
17all-terrain vehicle at the time of a violation that gives rise to a conviction under sub.
18(4c) (a) 1. or 2. or (4p) (e), the applicable minimum and maximum forfeitures, fines,
19and terms of imprisonment under pars. (b) 1., 2., and 3. for the conviction are
20doubled.
AB596-ASA1, s. 17 21Section 17. 23.33 (13) (br) of the statutes is created to read:
AB596-ASA1,6,2522 23.33 (13) (br) Penalties related to intoxicated operation of an all-terrain
23vehicle; enhancers.
1. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol
24concentration of 0.17 to 0.199 at the time of the offense, the minimum and maximum
25fines specified under par. (b) 3. for the conviction are doubled.
AB596-ASA1,7,3
12. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration
2of 0.20 to 0.249 at the time of the offense, the minimum and maximum fines specified
3under par. (b) 3. for the conviction are tripled.
AB596-ASA1,7,64 3. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration
5of 0.25 or above at the time of the offense, the minimum and maximum fines under
6par. (b) 3. for the conviction are quadrupled.
AB596-ASA1,7,87 4. The increased fines in this paragraph do not apply if the person convicted
8under sub. (4c) (a) 1. or 2. is subject to par. (bg).
AB596-ASA1, s. 18 9Section 18 . Nonstatutory provisions.
AB596-ASA1,7,1610 (1) From the appropriation under section 20.380 (1) (r) of the statutes, as
11created by this act, the department of tourism shall expend not more than $30,000
12to conduct a study concerning the impact the recreational operation of all-terrain
13vehicles has on statewide tourism and economic development. No later than June
1430, 2005, the department of tourism shall distribute the results of the completed
15study to the appropriate standing committees of the legislature in the manner
16provided under section 13.172 (3) of the statutes.
AB596-ASA1, s. 19 17Section 19 . Appropriation changes.
AB596-ASA1,7,2218 (1) State all-terrain vehicle trail maintenance. In the schedule under
19section 20.005 (3) of the statutes for the appropriation to the department of natural
20resources under section 20.370 (1) (ms) of the statutes, as affected by the acts of 2003,
21the dollar amount is increased by $165,000 for fiscal year 2004-05 for maintenance
22of state all-terrain trails.
AB596-ASA1,8,223 (2) State law enforcement positions. In the schedule under section 20.005 (3)
24of the statutes for the appropriation to the department of natural resources under
25section 20.370 (3) (as) of the statutes, as affected by the acts of 2003, the dollar

1amount is increased by $556,000 for fiscal year 2004-05 to increase the authorized
2FTE positions for the department by 4.0 SEG warden positions.
AB596-ASA1,8,83 (3) All-terrain vehicle safety education. In the schedule under section
420.005 (3) of the statutes for the appropriation to the department of natural
5resources under section 20.370 (3) (as) of the statutes, as affected by the acts of 2003,
6the dollar amount is increased by $200,000 for fiscal year 2004-05 to increase the
7authorized FTE positions for the department by 1.0 SEG education position and to
8provide funding for all-terrain vehicle safety education activities.
AB596-ASA1,8,149 (4) All-terrain vehicle safety program. In the schedule under section 20.005
10(3) of the statutes for the appropriation to the department of natural resources under
11section 20.370 (5) (cx) of the statutes, as affected by the acts of 2003, the dollar
12amount is increased by $150,000 for fiscal year 2003-04 and the dollar amount is
13increased by $150,000 for fiscal year 2004-05 to increase funding for the purpose for
14which the appropriation is made.
AB596-ASA1,8,2015 (5) All-terrain vehicle equipment. In the schedule under section 20.005 (3)
16of the statutes for the appropriation to the department of natural resources under
17section 20.370 (3) (as) of the statutes, as affected by the acts of 2003, the dollar
18amount is increased by $100,000 for fiscal year 2003-04 and the dollar amount is
19increased by $100,000 for fiscal year 2004-05 to purchase equipment to determine
20whether all-terrain vehicles comply with applicable noise limitations.
AB596-ASA1,8,2521 (6) County all-terrain vehicle trails. In the schedule under section 20.005
22(3) of the statutes for the appropriation to the department of natural resources under
23section 20.370 (5) (cu) of the statutes, as affected by the acts of 2003, the dollar
24amount is increased by $871,000 for fiscal year 2004-05 to provide aid to counties
25for county all-terrain vehicle trails.
AB596-ASA1,9,5
1(7) County law enforcement. In the schedule under section 20.005 (3) of the
2statutes for the appropriation to the department of natural resources under section
320.370 (5) (er) of the statutes, as affected by the acts of 2003, the dollar amount is
4increased by $70,000 for fiscal year 2004-05 to provide aid to counties for all-terrain
5vehicle law enforcement.
AB596-ASA1, s. 20 6Section 20 . Initial applicability.
AB596-ASA1,9,97 (1) Fee increase. The treatment of section 23.33 (2) (c), (d), (dm) 2., and (e) of
8the statutes first applies to all-terrain vehicle registration certificates issued or
9renewed on the effective date of this subsection.
AB596-ASA1,9,1410 (2) Intoxicated operation. The treatment of section 23.33 (13) (b) (title) and
112., (bg), and (br) of the statutes first applies to violations committed on the effective
12date of this subsection, but does not preclude the counting of convictions that
13occurred before the effective date of this subsection as prior convictions for purposes
14of sentencing by a court.
AB596-ASA1, s. 21 15Section 21. Effective dates. This act takes effect on April 1, 2004, or on the
16day after publication, whichever is later, except as follows:
AB596-ASA1,9,1917 (1) Study and funding. The treatment of section 20.380 (1) (r) of the statutes
18and Sections 18 (1), 19 (5), and 20 (1) of this act take effect on the day after
19publication.
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