AB596,7,1814 23.33 (5) (c) Exceptions. Paragraphs (a) and (b) do not apply to a person who
15operates an all-terrain vehicle exclusively on land under the management and
16control of the person's immediate family
that is not open to the public. Paragraphs
17(a) and (b) do not apply to a person at least 12 years of age but under 16 years of age
18who holds a valid certificate issued by another state or a province of Canada.
AB596, s. 14 19Section 14. 23.33 (6m) of the statutes is created to read:
AB596,7,2320 23.33 (6m) Noise limits. (a) No person may manufacture, sell, rent or operate
21an all-terrain vehicle that is constructed in such a manner that noise emitted from
22the all-terrain vehicle exceeds 96 decibels on the A scale as measured in the manner
23prescribed under rules promulgated by the department.
AB596, s. 15 24Section 15. 23.33 (13) (ar) of the statutes is created to read:
AB596,8,2
123.33 (13) (ar) Penalty related to nonresident trail passes. Any person who
2violates sub. (2j) shall forfeit not more than $1,000.
AB596, s. 16 3Section 16. 23.33 (13) (b) (title) of the statutes is amended to read:
AB596,8,54 23.33 (13) (b) (title) Penalties related to prohibited intoxicated operation of an
5all-terrain vehicle
; intoxicants; refusal.
AB596, s. 17 6Section 17. 23.33 (13) (b) 2. of the statutes is amended to read:
AB596,8,117 23.33 (13) (b) 2. Except as provided under subd. 3., a person who violates sub.
8(4c) (a) 1. or 2. or (4p) (e) and who, within 5 years prior to the arrest for the current
9violation, was convicted previously under the intoxicated operation of an all-terrain
10vehicle law or the refusal law shall be fined not less than $300 nor more than $1,000
11$1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
AB596, s. 18 12Section 18. 23.33 (13) (bg) of the statutes is created to read:
AB596,8,1813 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain
14vehicle; underage passengers.
If there is a passenger under 16 years of age on the
15all-terrain vehicle at the time of a violation that gives rise to a conviction under sub.
16(4c) (a) 1. or 2. or (4p) (e), the applicable minimum and maximum forfeitures, fines,
17and terms of imprisonment under pars. (b) 1., 2., and 3. for the conviction are
18doubled.
AB596, s. 19 19Section 19. 23.33 (13) (br) of the statutes is created to read:
AB596,8,2320 23.33 (13) (br) Penalties related to intoxicated operation of an all-terrain
21vehicle; enhancers.
1. If a person convicted under sub. (4c) (a) 1. or 2. had an alcohol
22concentration of 0.17 to 0.199 at the time of the offense, the minimum and maximum
23fines specified under par. (b) 3. for the conviction are doubled.
AB596,9,3
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.
AB596,9,64 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.
AB596,9,87 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, s. 20 9Section 20. 25.29 (1) (dm) of the statutes is amended to read:
AB596,9,1710 25.29 (1) (dm) For fiscal year 1991-92 and for each fiscal year thereafter, an
11An amount equal to the estimated all-terrain vehicle gas tax payment. The
12estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum
13of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c)
14or (2g) and the number of reflectorized plates issued under s. 23.33 (2) (dm) on the
15last day of February of the previous fiscal year by 25 52 gallons and multiplying that
16product by the excise tax imposed under s. 78.01 (1) on the last day of February of
17the previous fiscal year.
AB596, s. 21 18Section 21 . Nonstatutory provisions.
AB596,9,2519 (1) From the appropriation under section 20.380 (1) (r) of the statutes, as
20created by this act, the department of tourism shall expend not more than $30,000
21to conduct a study concerning the impact the recreational operation of all-terrain
22vehicles has on statewide tourism and economic development. No later than June
2330, 2005, the department of tourism shall distribute the results of the completed
24study to the appropriate standing committees of the legislature in the manner
25provided under section 13.172 (3) of the statutes.
AB596, s. 22
1Section 22 . Appropriation changes.
AB596,10,62 (1) State all-terrain vehicle trail maintenance. In the schedule under
3section 20.005 (3) of the statutes for the appropriation to the department of natural
4resources under section 20.370 (1) (ms) of the statutes, as affected by the acts of 2003,
5the dollar amount is increased by $165,000 for fiscal year 2004-05 for maintenance
6of state all-terrain trails.
AB596,10,117 (2) State law enforcement positions. In the schedule under section 20.005 (3)
8of the statutes for the appropriation to the department of natural resources under
9section 20.370 (3) (as) of the statutes, as affected by the acts of 2003, the dollar
10amount is increased by $556,000 for fiscal year 2004-05 to increase the authorized
11FTE positions for the department by 4.0 SEG warden positions.
AB596,10,1712 (3) All-terrain vehicle safety education. In the schedule under section
1320.005 (3) of the statutes for the appropriation to the department of natural
14resources under section 20.370 (3) (as) of the statutes, as affected by the acts of 2003,
15the dollar amount is increased by $200,000 for fiscal year 2004-05 to increase the
16authorized FTE positions for the department by 1.0 SEG education position and to
17provide funding for all-terrain vehicle safety education activities.
AB596,10,2318 (4) All-terrain vehicle safety program. In the schedule under section 20.005
19(3) of the statutes for the appropriation to the department of natural resources under
20section 20.370 (5) (cx) of the statutes, as affected by the acts of 2003, the dollar
21amount is increased by $150,000 for fiscal year 2003-04 and the dollar amount is
22increased by $150,000 for fiscal year 2004-05 to increase funding for the purpose for
23which the appropriation is made.
AB596,11,424 (5) All-terrain vehicle equipment. In the schedule under section 20.005 (3)
25of the statutes for the appropriation to the department of natural resources under

1section 20.370 (3) (as) of the statutes, as affected by the acts of 2003, the dollar
2amount is increased by $100,000 for fiscal year 2003-04 and the dollar amount is
3increased by $100,000 for fiscal year 2004-05 to purchase equipment to determine
4whether all-terrain vehicles comply with applicable noise limitations.
AB596,11,95 (6) County all-terrain vehicle trails. In the schedule under section 20.005
6(3) of the statutes for the appropriation to the department of natural resources under
7section 20.370 (5) (cu) of the statutes, as affected by the acts of 2003, the dollar
8amount is increased by $871,000 for fiscal year 2004-05 to provide aid to counties
9for county all-terrain vehicle trails.
AB596,11,1410 (7) County law enforcement. In the schedule under section 20.005 (3) of the
11statutes for the appropriation to the department of natural resources under section
1220.370 (5) (er) of the statutes, as affected by the acts of 2003, the dollar amount is
13increased by $70,000 for fiscal year 2004-05 to provide aid to counties for all-terrain
14vehicle law enforcement.
AB596, s. 23 15Section 23 . Initial applicability.
AB596,11,1816 (1) Fee increase. The treatment of section 23.33 (2) (c), (d), (dm) 2., and (e) of
17the statutes first applies to all-terrain vehicle registration certificates issued or
18renewed on the effective date of this subsection.
AB596,11,2319 (2) Intoxicated operation. The treatment of section 23.33 (13) (b) (title) and
202., (bg), and (br) of the statutes first applies to violations committed on the effective
21date of this subsection, but does not preclude the counting of convictions that
22occurred before the effective date of this subsection as prior convictions for purposes
23of sentencing by a court.
AB596, s. 24 24Section 24. Effective dates. This act takes effect on April 1, 2004, or on the
25day after publication, whichever is later, except as follows:
AB596,12,2
1(1) Gas tax formula. The treatment of section 25.29 (1) (dm) of the statutes
2takes effect on the first July 1 after publication.
AB596,12,53 (2) Study and funding. The treatment of section 20.380 (1) (r) of the statutes
4and Sections 21 (1), 22 (5), and 23 (1) of this act take effect on the day after
5publication.
AB596,12,66 (End)
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