LRBs0361/1
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2003 - 2004 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2003 SENATE BILL 277
February 24, 2004 - Offered by
Joint Committee on Finance.
SB277-SSA2,1,9
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.;
to repeal and recreate 23.33 (5) (b); and
to create 23.33 (2j), 23.33
4(6m), 23.33 (13) (ar), 23.33 (13) (bg) and 23.33 (13) (br) of the statutes;
relating
5to: intoxicated operation of all-terrain vehicles, registration fees for all-terrain
6vehicles, nonresident trail passes for all-terrain vehicles, safety training for
7operating all-terrain vehicles, noise level requirements for all-terrain
8vehicles, granting rule-making authority, making appropriations, and
9providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB277-SSA2, s. 1
10Section
1. 20.370 (1) (ms) of the statutes is amended to read:
SB277-SSA2,2,3
120.370
(1) (ms)
General program operations — state all-terrain vehicle projects. 2The amounts in the schedule from moneys received from all-terrain vehicle fees
3under s. 23.33 (2) (c) to (e)
and (2j) for state all-terrain vehicle projects.
SB277-SSA2, s. 2
4Section
2. 20.370 (5) (cu) of the statutes is amended to read:
SB277-SSA2,2,95
20.370
(5) (cu)
Recreation aids — all-terrain vehicle project aids. As a
6continuing appropriation, the amounts in the schedule from moneys received from
7all-terrain vehicle fees under s. 23.33 (2) (c) to (e)
and (2j) to provide aid to towns,
8villages, cities, counties, and federal agencies for nonstate all-terrain vehicle
9projects.
SB277-SSA2, s. 3
10Section
3. 23.33 (1) (if) of the statutes is amended to read:
SB277-SSA2,2,1511
23.33
(1) (if) "Land under the management and control of
a the person's
12immediate family" means land owned or leased by the person or a member of the
13person's immediate family over which the owner or lessee has management and
14control. This term excludes land owned or leased by an organization of which the
15person or a member of the person's immediate family is a member.
SB277-SSA2,2,2417
23.33
(2) (a)
Requirement. No person may operate and no owner may give
18permission for the operation of an all-terrain vehicle within this state unless the
19all-terrain vehicle is registered for public use or for private use under this subsection
20or sub. (2g), is exempt from registration, or is operated with a reflectorized plate
21attached in the manner specified under par. (dm) 3. No person may operate and no
22owner may give permission for the operation of an all-terrain vehicle on
a public an 23all-terrain vehicle route or
an all-terrain vehicle trail unless the all-terrain vehicle
24is registered for public use under this subsection or sub. (2g).
SB277-SSA2,3,3
123.33
(2) (c)
Registration; public use; fee. Any all-terrain vehicle may be
2registered for public use. The fee for the issuance or renewal of a registration
3certificate for public use is
$12 $30.
SB277-SSA2,3,85
23.33
(2) (d)
Registration; private use; fee. An all-terrain vehicle used
6exclusively for agricultural purposes or used exclusively on private property may be
7registered for private use. The fee for the issuance of a registration certificate for
8private use is
$6 $15.
SB277-SSA2, s. 7
9Section
7. 23.33 (2) (dm) 2. of the statutes is amended to read:
SB277-SSA2,3,1410
23.33
(2) (dm) 2. The fee for the issuance or renewal of a commercial all-terrain
11vehicle certificate is
$36 $90. Upon receipt of the application form required by the
12department and the fee required under this subdivision, the department shall issue
13to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized
14plates. The fee for additional reflectorized plates is
$12 $30 per plate.
SB277-SSA2,3,2116
23.33
(2) (e)
Other fees. The fee for the transfer of an all-terrain vehicle
17registration certificate is
$2 $5. The fee for the issuance of a duplicate all-terrain
18vehicle registration certificate, duplicate commercial all-terrain vehicle certificate
19or duplicate registration decals is
$2 $5. The fee for the issuance of registration
20decals to a county or municipality is
$2 $5. There is no fee for the issuance of
21registration decals to the state.
SB277-SSA2,4,223
23.33
(2j) Nonresident trail passes. (a) In this subsection, "public all-terrain
24vehicle corridor" means an all-terrain vehicle trail or other established all-terrain
1vehicle corridor that is open to the public but does not include an all-terrain vehicle
2route.
SB277-SSA2,4,53
(b) Except as provided in par. (e), no person may operate an all-terrain vehicle
4on a public all-terrain vehicle corridor in this state unless a nonresident trail pass
5issued under this subsection is displayed on the all-terrain vehicle.
SB277-SSA2,4,96
(c) The fee for a nonresident trail pass issued for an all-terrain vehicle that is
7exempt from registration under sub. (2) (b) 2. is $17.25. A nonresident trail pass
8issued for such an all-terrain vehicle may be issued only by the department and
9persons appointed by the department and expires on June 30 of each year.
SB277-SSA2,4,1510
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle
11that is registered under sub. (2g) or s. 23.35. The department or Indian tribe or band
12shall issue a nonresident trail pass for such an all-terrain vehicle when it issues the
13registration certificate for the all-terrain vehicle. The department shall provide
14Indian tribes or bands that register all-terrain vehicles under sub. (2g) or s. 23.35
15with a supply of trail passes.
SB277-SSA2,4,2216
(e) An all-terrain vehicle that is registered under sub. (2) (a) or that is exempt
17from registration under sub. (2) (b) 1., 3., or 4. is exempt from having a nonresident
18trail pass displayed as required under par. (b). The department may promulgate a
19rule to exempt all-terrain vehicles that are exempt from registration under sub. (2)
20(b) 5. from having nonresident trail passes displayed as required under par. (b) or
21may promulgate a rule to exempt owners of such all-terrain vehicles from having to
22pay any applicable nonresident trail pass fee.
SB277-SSA2,4,2523
(f) 1. The department may appoint any person who is not an employee of the
24department as the department's agent to issue nonresident trail passes and collect
25the fees for these passes.
SB277-SSA2,5,4
12. Any person, including the department, who issues a nonresident trail pass
2shall collect in addition to the fee under par. (c) an issuing fee of 75 cents. An agent
3appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the
4agent for the agent's services in issuing the pass.
SB277-SSA2,5,75
3. The department shall establish, by rule, procedures for issuing nonresident
6trail passes, and the department may promulgate rules regulating the activities of
7persons who are appointed to be agents under this paragraph.
SB277-SSA2, s. 10
8Section
10. 23.33 (5) (b) of the statutes is repealed and recreated to read:
SB277-SSA2,5,119
23.33
(5) (b)
All-terrain vehicle safety certificate. 1. No person who is at least
1012 years of age and who is born on or after January 1, 1988, may operate an
11all-terrain vehicle unless he or she holds a valid safety certificate.
SB277-SSA2,5,1612
2. Any person who is required to hold an all-terrain vehicle safety certificate
13while operating an all-terrain vehicle shall carry the certificate on the all-terrain
14vehicle and shall display the certificate to a law enforcement officer on request.
15Persons enrolled in a safety certification program approved by the department may
16operate an all-terrain vehicle in an area designated by the instructor.
SB277-SSA2,5,2118
23.33
(6m) Noise limits. (a) No person may manufacture, sell, rent or operate
19an all-terrain vehicle that is constructed in such a manner that noise emitted from
20the all-terrain vehicle exceeds 96 decibels on the A scale as measured in the manner
21prescribed under rules promulgated by the department.
SB277-SSA2,5,2423
23.33
(13) (ar)
Penalty related to nonresident trail passes. Any person who
24violates sub. (2j) shall forfeit not more than $1,000.
SB277-SSA2, s. 13
25Section
13. 23.33 (13) (b) (title) of the statutes is amended to read:
SB277-SSA2,6,2
123.33
(13) (b) (title)
Penalties related to prohibited intoxicated operation of an
2all-terrain vehicle; intoxicants; refusal.
SB277-SSA2,6,105
23.33
(13) (b) 2. Except as provided under subd. 3., a person who violates sub.
6(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
7current violation, was convicted previously under the intoxicated operation of an
8all-terrain vehicle law or the refusal law shall be fined not less than $300 nor more
9than
$1,000 $1,100 and shall be imprisoned not less than 5 days nor more than 6
10months.
SB277-SSA2,6,1712
23.33
(13) (bg)
Penalties related to intoxicated operation of an all-terrain
13vehicle; underage passengers. If there is a passenger under 16 years of age on the
14all-terrain vehicle at the time of a violation that gives rise to a conviction under sub.
15(4c) (a) 1. or 2. or (4p) (e), the applicable minimum and maximum forfeitures, fines,
16and terms of imprisonment under pars. (b) 1., 2., and 3. for the conviction are
17doubled.
SB277-SSA2,6,2219
23.33
(13) (br)
Penalties related to intoxicated operation of an all-terrain
20vehicle; enhancers. 1. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol
21concentration of 0.17 to 0.199 at the time of the offense, the minimum and maximum
22fines specified under par. (b) 3. for the conviction are doubled.
SB277-SSA2,6,2523
2. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration
24of 0.20 to 0.249 at the time of the offense, the minimum and maximum fines specified
25under par. (b) 3. for the conviction are tripled.
SB277-SSA2,7,3
13. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol concentration
2of 0.25 or above at the time of the offense, the minimum and maximum fines under
3par. (b) 3. for the conviction are quadrupled.
SB277-SSA2,7,54
4. The increased fines in this paragraph do not apply if the person convicted
5under sub. (4c) (a) 1. or 2. is subject to par. (bg).
