Amendment ASA1-AB434

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 434

October 28, 2015 - Offered by Representatives Czaja and A. Ott.

AB434-ASA1,3,13 An Act to repeal 29.237 (1) (b), 29.347 (1), 29.347 (3) (b), 29.361 (2), 29.961 (1) (a), 29.964 (1), 350.12 (3h) (ar) 1. and 350.12 (3j) (br); to renumber 23.58 and 29.237 (1) (a) 1. to 5.; to renumber and amend 23.33 (1) (o), 23.33 (2) (ir) 1., 23.33 (2j) (a), 29.506 (1), 29.961 (1) (intro.), 29.961 (2), 29.964 (intro.), 29.964 (3), 30.52 (1m) (ag) 1., 350.01 (22), 350.12 (3) (d), 350.12 (3h) (ar) 2., 350.12 (3j) (a) 1. and 350.12 (3j) (a) 2.; to consolidate, renumber and amend 29.237 (1) (intro.) and (a) (intro.); to amend 20.370 (9) (hv), 20.370 (9) (hw), 23.33 (1) (jn), 23.33 (1m) (a) 2., 23.33 (2) (a), 23.33 (2) (dm) 3., 23.33 (2) (dm) 4., 23.33 (2) (i) (intro.), 23.33 (2) (i) 1., 23.33 (2) (i) 3., 23.33 (2) (ig) 1. (intro.), 23.33 (2) (ig) 1. a., 23.33 (2) (ig) 1. b., 23.33 (2) (ig) 2., 23.33 (2) (ir) (title), 23.33 (2j) (b), 23.33 (2j) (e), 23.33 (2j) (f), 23.33 (5) (b) 2., 23.45 (1) (c), 23.45 (1) (d), 23.59, 29.001 (12), 29.024 (1), 29.024 (6) (ag), 29.024 (7), 29.171 (3) (a), 29.171 (3) (b), 29.172 (3), 29.173 (3), 29.179 (3) (a), 29.184 (8) (a), 29.184 (8) (b), 29.185 (4) (b), 29.185 (7) (a), 29.192 (2) (a), 29.211 (3), 29.216 (3), 29.217 (3), 29.2285 (3) (b), 29.2285 (3) (c), 29.231 (4), 29.235 (4), 29.236 (2), 29.237 (2), 29.237 (3), 29.237 (4), 29.324 (3), 29.347 (2), 29.347 (2m) (a), 29.347 (3) (a), 29.501 (6), 29.506 (5) (a), 29.506 (5) (b), 29.506 (6), 29.506 (7) (b), 29.506 (7m) (d), 29.559 (1) (a), 29.563 (1), 29.563 (11) (intro.), 29.563 (12) (a) 2., 29.563 (14) (intro.), 29.563 (14) (c) 1., 29.569 (5), 29.624 (1), 29.957, 29.961 (1) (c), 29.967 (1) (intro.), 29.971 (2) (a), 29.971 (4), 29.971 (9), 29.971 (9m), 29.971 (11g) (a), 29.971 (11g) (b), 29.971 (11m) (a), 29.971 (12), 30.50 (3), 30.50 (3b), 30.52 (1m) (a) (intro.), 30.52 (1m) (a) 1., 30.52 (1m) (a) 3., 30.52 (1m) (ag) 2., 30.52 (1m) (ar), 30.52 (5) (a) 1., 30.52 (5) (a) 2., 30.52 (5) (a) 3., 30.52 (5) (a) 4., 30.52 (5) (b) 1., 30.52 (5) (b) 2., 30.52 (5) (b) 3., 30.577 (title), 30.577 (1), 30.577 (3), 30.577 (4), 30.74 (1) (a), 30.80 (1), 30.80 (3m), 350.01 (10t), 350.05 (2) (b), 350.12 (3) (a) 1., 350.12 (3) (a) 3., 350.12 (3) (b) 1., 350.12 (3) (c) 2., 350.12 (3) (c) 3., 350.12 (3) (cm), 350.12 (3) (e), 350.12 (3h) (a) (intro.), 350.12 (3h) (a) 1., 350.12 (3h) (a) 3., 350.12 (3h) (ag) 1. (intro.), 350.12 (3h) (ag) 1. a., 350.12 (3h) (ag) 1. b., 350.12 (3h) (ag) 2., 350.12 (3j) (bg) 3., 350.12 (3j) (bg) 4., 350.12 (3j) (d), 350.12 (3j) (e) 1., 350.12 (3j) (e) 2., 350.12 (3j) (e) 3., 350.12 (5) (b), 350.12 (5) (c), 350.12 (5) (d), 350.12 (5) (e) and 971.19 (10); to repeal and recreate 29.964 (title); and to create 23.33 (1) (jc), 23.33 (2) (dg), 23.33 (2) (im), 23.33 (2h), 23.33 (2j) (a) 2., 23.33 (5) (b) 3., 23.47, 23.58 (2), 23.90 (6), 29.001 (65), 29.506 (1) (am), 29.555, 29.559 (1) (bm), 29.563 (11) (c), 29.563 (14) (c) 8., 29.563 (14) (d), 29.569 (3) (bm) 3., 29.961 (2) (b), 29.964 (1m) (title), 29.964 (2m), 29.964 (3m), 30.50 (9f), 30.50 (13d), 30.52 (1m) (ag) 1. a., 30.523 (1) (c), 30.678 (2m), 350.01 (10b), 350.05 (2) (c), 350.12 (3) (d) 2., 350.12 (3i), 350.12 (3j) (a) 1. b. and 350.12 (3j) (a) 2. b. of the statutes; relating to: carcass tags issued under fish and game laws; registration of carcasses of wild animals; methods of issuing, storing, retrieving, printing, reprinting, duplicating, and exhibiting fish and game approvals, registration documents and safety certificates for certain recreational vehicles and boats, and trail passes for certain recreational vehicles; counterfeiting or illegal alteration of fish and game approvals; forgery in applying for fish and game approvals or for registration of certain recreational vehicles; transfers of wolf harvesting licenses; the place of trial for a violation of certain fish and game laws; methods of proving registration for certain recreational vehicles; suspension and revocation of a certificate of number or registration for a boat; reasonable suspicion for a law enforcement officer to stop certain recreational vehicles; extending the time limit for emergency rule procedures; providing an exemption from emergency rule procedures; granting rule-making authority; making an appropriation; and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB434-ASA1,1 Section 1. 20.370 (9) (hv) of the statutes is amended to read:

AB434-ASA1,3,18 20.370 (9) (hv) Fee amounts for statewide automated issuing system. All moneys received from the deductions made under s. ss. 23.47 (3) (e) and 29.024 (6) (ag) to be used for payments to a person contracted under s. ss. 23.47 (3) (c) and 29.024 (6) (a) 4. as required by the contract.

AB434-ASA1,2 Section 2. 20.370 (9) (hw) of the statutes is amended to read:

AB434-ASA1,3,23 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 documents by the department under s. 23.33 (2) (i).

AB434-ASA1,3 Section 3. 23.33 (1) (jc) of the statutes is created to read:

AB434-ASA1,4,6 23.33 (1) (jc) "Proof," when used in reference to evidence of a registration document, safety certificate, trail pass, or temporary trail use receipt, means the original registration document, safety certificate, trail pass, or temporary trail use receipt issued by the department or an agent appointed under sub. (2) (i) 3. or (2j) (f) 1. or any alternative form of proof designated by rule under s. 23.47 (1).

AB434-ASA1,4 Section 4. 23.33 (1) (jn) of the statutes is amended to read:

AB434-ASA1,4,10 23.33 (1) (jn) "Registration documentation document" means an all-terrain vehicle or utility terrain vehicle registration certificate, a validated registration temporary operating receipt, or a registration decal.

AB434-ASA1,5 Section 5. 23.33 (1) (o) of the statutes is renumbered 23.33 (1) (jr) and amended to read:

AB434-ASA1,4,16 23.33 (1) (jr) "Validated registration "Temporary operating receipt" means a receipt issued by the department or an agent under sub. (2) (ig) 1. a. that shows that an application and the required fees for a registration certificate have been submitted to the department or an agent appointed under sub. (2) (i) 3.

AB434-ASA1,6 Section 6. 23.33 (1m) (a) 2. of the statutes is amended to read:

AB434-ASA1,4,19 23.33 (1m) (a) 2. "Public all-terrain vehicle corridor" has the meaning given in sub. (2j) (a) 1.

AB434-ASA1,7 Section 7. 23.33 (2) (a) of the statutes is amended to read:

AB434-ASA1,5,6 23.33 (2) (a) Requirement. Except as provided in sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle within this state unless the all-terrain vehicle or utility terrain vehicle is registered for public use or for private use under this subsection or sub. (2g), is exempt from registration, or is operated with a reflectorized plate or a sign to which a registration decal is attached in the manner and containing registration decals specified under par. (dm) 3. Except as provided in sub. (2k), no person may operate and no owner may give permission for the operation of an all-terrain vehicle or utility terrain vehicle on an all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle or utility terrain vehicle is registered for public use under this subsection or sub. (2g).

AB434-ASA1,8 Section 8. 23.33 (2) (dg) of the statutes is created to read:

AB434-ASA1,5,14 23.33 (2) (dg) Display of registration. 1. The operator of an all-terrain vehicle or utility terrain vehicle shall have in his or her possession at all times while operating the vehicle proof of the registration certificate or, for an all-terrain vehicle or utility terrain vehicle the owner of which has received a temporary operating receipt but has not yet received the registration certificate, proof of the temporary operating receipt. The operator of an all-terrain vehicle or utility terrain vehicle shall display this proof upon demand for inspection by a law enforcement officer.

AB434-ASA1,5,18 2. A person may operate an all-terrain vehicle or a utility terrain vehicle without having the plate or sign attached as required under par. (c) 2. if the owner or operator has proof of a temporary operating receipt and if the operator of the all-terrain vehicle or utility terrain vehicle complies with subd. 1.

AB434-ASA1,5,20 3. This paragraph does not apply to any all-terrain vehicle or utility terrain vehicle to which a plate or sign is attached as required under sub. (2) (dm) 3.

AB434-ASA1,9 Section 9. 23.33 (2) (dm) 3. of the statutes is amended to read:

AB434-ASA1,6,5 23.33 (2) (dm) 3. A person who is required to obtain a commercial all-terrain vehicle and utility terrain vehicle certificate under subd. 1. shall attach in a clearly visible place a reflectorized plate issued by the department under s. 23.33 (2) (dm) 2., 2009 stats., or a similar plate or sign that is removable and temporarily but firmly mounted to any all-terrain vehicle or utility terrain vehicle that the person leases, rents, offers for sale, or otherwise allows to be used whenever the all-terrain vehicle or utility terrain vehicle is being operated. A registration decal issued by the department under subd. 2. shall be affixed attached to the plate or sign specified under this subdivision.

AB434-ASA1,10 Section 10. 23.33 (2) (dm) 4. of the statutes is amended to read:

AB434-ASA1,6,9 23.33 (2) (dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle and utility terrain vehicle certificates or registration decals issued under subd. 2.

AB434-ASA1,11 Section 11. 23.33 (2) (i) (intro.) of the statutes is amended to read:

AB434-ASA1,6,14 23.33 (2) (i) Registration and reprints; issuers. (intro.) For the issuance of original or duplicate registration documentation documents, for the issuance of reprints under s. 23.47 (3), and for the transfer or renewal of registration documentation documents, the department may do any of the following:

AB434-ASA1,12 Section 12. 23.33 (2) (i) 1. of the statutes is amended to read:

AB434-ASA1,6,18 23.33 (2) (i) 1. Directly issue, transfer, or renew the registration documentation documents with or without using the service specified in par. (ig) 1. and directly issue reprints.

AB434-ASA1,13 Section 13. 23.33 (2) (i) 3. of the statutes is amended to read:

AB434-ASA1,6,23 23.33 (2) (i) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation documents using either or both of the services specified in par. (ig) 1. and to issue reprints.

AB434-ASA1,14 Section 14. 23.33 (2) (ig) 1. (intro.) of the statutes is amended to read:

AB434-ASA1,7,5 23.33 (2) (ig) 1. (intro.) For the issuance of original or duplicate registration documentation documents and for the transfer or renewal of registration documentation documents, the department may shall implement either or both of the following procedures to be provided by the department and any agents appointed under par. (i) 3.:

AB434-ASA1,15 Section 15. 23.33 (2) (ig) 1. a. of the statutes is amended to read:

AB434-ASA1,7,11 23.33 (2) (ig) 1. a. A procedure under which the department or an agent appointed under par. (i) 3. accepts applications for registration documentation documents and issue a validated registration receipt temporary operating receipts at the time the applicant submits the application applicants submit applications accompanied by the required fees.

AB434-ASA1,16 Section 16. 23.33 (2) (ig) 1. b. of the statutes is amended to read:

AB434-ASA1,7,17 23.33 (2) (ig) 1. b. A procedure under which the department or agent may accept appointed under par. (i) 3. accepts applications for registration documentation documents and issue issues to each applicant all or some of the items of the registration documentation documents at the time the applicant submits the application accompanied by the required fees.

AB434-ASA1,17 Section 17. 23.33 (2) (ig) 2. of the statutes is amended to read:

AB434-ASA1,8,2 23.33 (2) (ig) 2. Under either procedure under subd. 1., the department or agent shall issue to the applicant shall receive any remaining items of registration documentation documents directly from the department at a later date. The items of Any registration documentation document issued at the time of the submittal of the application under either procedure shall be under subd. 1. b. is sufficient to allow the vehicle for which the application is submitted to be operated in compliance with the registration requirements under this subsection. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.

AB434-ASA1,18 Section 18. 23.33 (2) (im) of the statutes is created to read:

AB434-ASA1,8,7 23.33 (2) (im) Registration; duplicates. If an all-terrain vehicle or utility terrain vehicle registration certificate or a registration decal is lost or destroyed, the person to whom it was issued may apply to the department for, and the department may issue to the person, a duplicate.

AB434-ASA1,19 Section 19. 23.33 (2) (ir) (title) of the statutes is amended to read:

AB434-ASA1,8,9 23.33 (2) (ir) (title) Registration; supplemental fees fee .

AB434-ASA1,20 Section 20. 23.33 (2) (ir) 1. of the statutes, as affected by 2011 Wisconsin Act 208, is renumbered 23.33 (2) (ir) and amended to read:

AB434-ASA1,8,18 23.33 (2) (ir) In addition to the applicable fee under par. (c), (d), or (e), each agent appointed under par. (i) 3. who accepts an application to issue, renew, or transfer registration documentation documents in person and issues a validated registration receipt under par. (ig) 1. a. shall collect a service an issuing fee of $3 50 cents and a transaction fee of 50 cents each time the agent issues the renewal registration documents receipt under par. (ig) 1. a. or b. The agent shall retain the entire amount of each service issuing fee and transaction fee the agent collects.

AB434-ASA1,21 Section 21. 23.33 (2h) of the statutes is created to read:

AB434-ASA1,8,21 23.33 (2h) Alterations and falsifications prohibited. (a) No person may intentionally do any of the following:

AB434-ASA1,8,23 1. Make a false statement on an application for a registration issued under sub. (2) or (2g).

AB434-ASA1,8,25 2. Alter, remove, or change any number or other character in an engine serial number.

AB434-ASA1,9,2 3. Alter, remove, or change any number or other character in a vehicle identification number.

AB434-ASA1,9,3 (b) No person may do any of the following:

AB434-ASA1,9,7 1. Manufacture a vehicle identification number tag that the person knows to contain false information to be placed on an all-terrain vehicle or utility terrain vehicle that is manufactured on or after the effective date of this subdivision .... [LRB inserts date].

AB434-ASA1,9,9 2. Place a vehicle identification number tag that the person knows to be false on an all-terrain vehicle or utility terrain vehicle.

AB434-ASA1,22 Section 22. 23.33 (2j) (a) of the statutes is renumbered 23.33 (2j) (a) (intro.) and amended to read:

AB434-ASA1,9,12 23.33 (2j) (a) (intro.) In this subsection, " public:

AB434-ASA1,9,15 1. "Public all-terrain vehicle corridor" means an all-terrain vehicle trail or other established all-terrain vehicle corridor that is open to the public but does not include an all-terrain vehicle route.

AB434-ASA1,23 Section 23. 23.33 (2j) (a) 2. of the statutes is created to read:

AB434-ASA1,9,20 23.33 (2j) (a) 2. "Temporary trail use receipt" means a receipt issued by the department or an agent under this subsection that shows that an application and the required fees for a nonresident trail pass have been submitted to the department or an agent appointed under sub. (2j) (f) 1.

AB434-ASA1,24 Section 24. 23.33 (2j) (b) of the statutes is amended to read:

AB434-ASA1,9,24 23.33 (2j) (b) Except as provided in par. (e) and sub. (2k), no person may operate an all-terrain vehicle or a utility terrain vehicle on a public all-terrain vehicle corridor in this state unless a nonresident trail pass issued under this subsection is permanently affixed in a highly visible location on the forward half of the vehicle or the person is carrying proof of a valid temporary trail use receipt.

AB434-ASA1,25 Section 25. 23.33 (2j) (e) of the statutes is amended to read:

AB434-ASA1,10,12 23.33 (2j) (e) An all-terrain vehicle or a utility terrain vehicle that is registered under sub. (2) (a) or an all-terrain vehicle or utility terrain vehicle that is exempt from registration under sub. (2) (b) 1., 3., 3m., or 4. is exempt from having a nonresident trail pass or temporary trail use receipt displayed as required under par. (b). The department may promulgate a rule to exempt all-terrain vehicles and utility terrain vehicles that are exempt from registration under sub. (2) (b) 5. from having nonresident trail passes or temporary trail use receipts displayed as required under par. (b) or may promulgate a rule to exempt owners of such vehicles from having to pay any applicable nonresident trail pass fee.

AB434-ASA1,26 Section 26. 23.33 (2j) (f) of the statutes is amended to read:

AB434-ASA1,10,16 23.33 (2j) (f) 1. The department may appoint any person who is not an employee of the department as the department's agent to issue nonresident trail passes temporary trail use receipts and collect the fees for these passes.

AB434-ASA1,10,21 2. Any person, including the department, who issues a nonresident trail pass or a temporary trail use receipt shall collect in addition to the fee under par. (c) an issuing fee of 75 cents. An agent appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the pass temporary trail use receipt.

AB434-ASA1,10,25 3. The department shall establish, by rule, procedures for issuing nonresident trail passes and temporary trail use receipts, and the department may promulgate rules regulating the activities of persons who are appointed to be agents under this paragraph.

AB434-ASA1,27 Section 27. 23.33 (5) (b) 2. of the statutes is amended to read:

AB434-ASA1,11,8 23.33 (5) (b) 2. Any person who is required to hold an all-terrain vehicle or utility terrain vehicle safety certificate while operating an all-terrain vehicle or utility terrain vehicle shall carry the certificate on the all-terrain vehicle or utility terrain vehicle proof that the person holds a valid safety certificate and shall display the certificate this proof to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle or utility terrain vehicle in an area designated by the instructor.

AB434-ASA1,28 Section 28. 23.33 (5) (b) 3. of the statutes is created to read:

AB434-ASA1,11,12 23.33 (5) (b) 3. Persons enrolled in a safety certification program approved by the department may operate an all-terrain vehicle or utility terrain vehicle in an area designated by the instructor.

AB434-ASA1,29 Section 29. 23.45 (1) (c) of the statutes is amended to read:

AB434-ASA1,11,16 23.45 (1) (c) "Personal identifier" means a name, social security number, telephone number, street address, post-office box number or, 9-digit extended zip code, or electronic mail address.

AB434-ASA1,30 Section 30. 23.45 (1) (d) of the statutes is amended to read:

AB434-ASA1,11,21 23.45 (1) (d) "Registration" means any registration documentation document, as defined in s. 23.33 (1) (jn) or s. 350.01 (10t), or any certification or registration documentation document, as defined in s. 30.50 (3b), that is issued by the department or its agents.

AB434-ASA1,31 Section 31. 23.47 of the statutes is created to read:

AB434-ASA1,12,2 23.47 Forms of proof; electronic retrieval of information; reprints. (1) Forms of proof. The department may designate, by rule, forms of acceptable proof of the following items and the locations at and times during which those forms of proof are valid:

AB434-ASA1,12,4 (a) A registration document, safety certificate, trail pass, or temporary trail use receipt under s. 23.33.

AB434-ASA1,12,5 (b) An approval under ch. 29.

AB434-ASA1,12,7 (c) A certification or registration document or safety certificate under subch. V of ch. 30.

AB434-ASA1,12,9 (d) A registration document, safety certificate, trail use sticker, or temporary trail use receipt under ch. 350.

AB434-ASA1,12,18 (2) Electronic retrieval of information. If the department maintains a system under which the department stores information in an electronic format that relates to individuals who have been issued approvals under ch. 29 or safety certificates under s. 23.33, 30.74, or 350.055, the department may issue a conservation card to any individual who applies for the card for purposes of enabling the department to access information about that individual in the system. The department may authorize an individual to carry a conservation card or another form of identification, determined by the department, in lieu of carrying proof under sub. (1).

AB434-ASA1,12,22 (3) Reprints. (a) Reprints of approvals and safety certificates. The department may maintain a system under which an individual may obtain a reprint of certain approvals under ch. 29 and safety certificates under s. 23.33 and chs. 29, 30, and 350. The department shall designate, by rule, all of the following:

AB434-ASA1,12,23 1. Who may produce a reprint for approvals and safety certificates.

AB434-ASA1,12,24 2. For which approvals and safety certificates a reprint may be produced.

AB434-ASA1,13,2 3. The manner in which a reprint of an approval or safety certificate may be produced.