LRBs0281/1
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2003 - 2004 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2003 SENATE BILL 277
January 16, 2004 - Offered by
Committee on Higher Education and Tourism.
SB277-SSA1,1,9
1An Act to amend 20.370 (1) (ms), 20.370 (5) (cu), 23.33 (1) (if), 23.33 (2) (a), 23.33
2(2) (c), 23.33 (2) (d), 23.33 (2) (dm) 2., 23.33 (2) (e), 23.33 (13) (b) (title) and 23.33
3(13) (b) 2.; and
to create 20.380 (1) (r), 23.33 (2j), 23.33 (6m), 23.33 (13) (ar),
423.33 (13) (bg) and 23.33 (13) (br) of the statutes;
relating to: intoxicated
5operation of all-terrain vehicles, registration fees for all-terrain vehicles,
6nonresident trail passes for all-terrain vehicles, safety training for operating
7all-terrain vehicles, a study concerning the recreational operation of
8all-terrain vehicles, noise level requirements for all-terrain vehicles, granting
9rule-making authority, making appropriations, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB277-SSA1, s. 1
10Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
11the following amounts for the purposes indicated:
-
See PDF for table 
SB277-SSA1, s. 2
1Section
2. 20.370 (1) (ms) of the statutes is amended to read:
SB277-SSA1,2,42
20.370
(1) (ms)
General program operations — state all-terrain vehicle projects. 3The amounts in the schedule from moneys received from all-terrain vehicle fees
4under s. 23.33 (2) (c) to (e)
and (2j) for state all-terrain vehicle projects.
SB277-SSA1, s. 3
5Section
3. 20.370 (5) (cu) of the statutes is amended to read:
SB277-SSA1,2,106
20.370
(5) (cu)
Recreation aids — all-terrain vehicle project aids. As a
7continuing appropriation, the amounts in the schedule from moneys received from
8all-terrain vehicle fees under s. 23.33 (2) (c) to (e)
and (2j) to provide aid to towns,
9villages, cities, counties, and federal agencies for nonstate all-terrain vehicle
10projects.
SB277-SSA1, s. 4
11Section
4. 20.380 (1) (r) of the statutes is created to read:
SB277-SSA1,2,1512
20.380
(1) (r)
All-terrain vehicle impact study. Biennially, from the
13conservation fund, the amounts in the schedule from moneys received from
14all-terrain vehicle fees under s. 23.33 (2) (c) to (e) for the all-terrain vehicle impact
15study under 2003 Wisconsin Act .... (this act), section 18 (1
).
SB277-SSA1, s. 5
16Section
5. 23.33 (1) (if) of the statutes is amended to read:
SB277-SSA1,3,217
23.33
(1) (if) "Land under the management and control of
a the person's
18immediate family" means land owned or leased by the person or a member of the
19person's immediate family over which the owner or lessee has management and
1control. This term excludes land owned or leased by an organization of which the
2person or a member of the person's immediate family is a member.
SB277-SSA1,3,114
23.33
(2) (a)
Requirement. No person may operate and no owner may give
5permission for the operation of an all-terrain vehicle within this state unless the
6all-terrain vehicle is registered for public use or for private use under this subsection
7or sub. (2g), is exempt from registration, or is operated with a reflectorized plate
8attached in the manner specified under par. (dm) 3. No person may operate and no
9owner may give permission for the operation of an all-terrain vehicle on
a public an 10all-terrain vehicle route or
an all-terrain vehicle trail unless the all-terrain vehicle
11is registered for public use under this subsection or sub. (2g).
SB277-SSA1,3,1513
23.33
(2) (c)
Registration; public use; fee. Any all-terrain vehicle may be
14registered for public use. The fee for the issuance or renewal of a registration
15certificate for public use is
$12 $30.
SB277-SSA1,3,2017
23.33
(2) (d)
Registration; private use; fee. An all-terrain vehicle used
18exclusively for agricultural purposes or used exclusively on private property may be
19registered for private use. The fee for the issuance of a registration certificate for
20private use is
$6 $15.
SB277-SSA1, s. 9
21Section
9. 23.33 (2) (dm) 2. of the statutes is amended to read:
SB277-SSA1,4,222
23.33
(2) (dm) 2. The fee for the issuance or renewal of a commercial all-terrain
23vehicle certificate is
$36 $90. Upon receipt of the application form required by the
24department and the fee required under this subdivision, the department shall issue
1to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized
2plates. The fee for additional reflectorized plates is
$12 $30 per plate.
SB277-SSA1,4,94
23.33
(2) (e)
Other fees. The fee for the transfer of an all-terrain vehicle
5registration certificate is
$2 $5. The fee for the issuance of a duplicate all-terrain
6vehicle registration certificate, duplicate commercial all-terrain vehicle certificate
7or duplicate registration decals is
$2 $5. The fee for the issuance of registration
8decals to a county or municipality is
$2 $5. There is no fee for the issuance of
9registration decals to the state.
SB277-SSA1,4,1411
23.33
(2j) Nonresident trail passes. (a) In this subsection, "public all-terrain
12vehicle corridor" means an all-terrain vehicle trail or other established all-terrain
13vehicle corridor that is open to the public but does not include an all-terrain vehicle
14route.
SB277-SSA1,4,1715
(b) Except as provided in par. (e), no person may operate an all-terrain vehicle
16on a public all-terrain vehicle corridor in this state unless a nonresident trail pass
17issued under this subsection is displayed on the all-terrain vehicle.
SB277-SSA1,4,2118
(c) The fee for a nonresident trail pass issued for an all-terrain vehicle that is
19exempt from registration under sub. (2) (b) 2. is $17.25. A nonresident trail pass
20issued for such an all-terrain vehicle may be issued only by the department and
21persons appointed by the department and expires on June 30 of each year.
SB277-SSA1,5,222
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle
23that is registered under sub. (2g) or s. 23.35. The department or Indian tribe or band
24shall issue a nonresident trail pass for such an all-terrain vehicle when it issues the
25registration certificate for the all-terrain vehicle. The department shall provide
1Indian tribes or bands that register all-terrain vehicles under sub. (2g) or s. 23.35
2with a supply of trail passes.
SB277-SSA1,5,93
(e) An all-terrain vehicle that is registered under sub. (2) (a) or that is exempt
4from registration under sub. (2) (b) 1., 3., or 4. is exempt from having a nonresident
5trail pass displayed as required under par. (b). The department may promulgate a
6rule to exempt all-terrain vehicles that are exempt from registration under sub. (2)
7(b) 5. from having nonresident trail passes displayed as required under par. (b) or
8may promulgate a rule to exempt owners of such all-terrain vehicles from having to
9pay any applicable nonresident trail pass fee.
SB277-SSA1,5,1210
(f) 1. The department may appoint any person who is not an employee of the
11department as the department's agent to issue nonresident trail passes and collect
12the fees for these passes.
SB277-SSA1,5,1613
2. Any person, including the department, who issues a nonresident trail pass
14shall collect in addition to the fee under par. (c) an issuing fee of 75 cents. An agent
15appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the
16agent for the agent's services in issuing the pass.
SB277-SSA1,5,1917
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.
SB277-SSA1,5,2421
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.
SB277-SSA1,6,2
123.33
(13) (ar)
Penalty related to nonresident trail passes. Any person who
2violates sub. (2j) shall forfeit not more than $1,000.
SB277-SSA1, s. 14
3Section
14. 23.33 (13) (b) (title) of the statutes is amended to read:
SB277-SSA1,6,54
23.33
(13) (b) (title)
Penalties related to prohibited intoxicated operation of an
5all-terrain vehicle; intoxicants; refusal.
SB277-SSA1,6,138
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.
SB277-SSA1,6,2015
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.
SB277-SSA1,6,2522
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.
SB277-SSA1,7,3
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.
SB277-SSA1,7,64
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.
SB277-SSA1,7,87
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).
