3. The bill broadens the provisions that exempt ATV operators from having to
comply with certain regulations on private land. Under current law, a minor under
the age of 12 (younger minor) may only operate an ATV if the operation is for an
agricultural purpose not on a roadway and he or she is under the supervision of a
person over 18 years of age or if he or she is operating a small ATV on a trail
designated by the DNR. No safety certificate is required for younger minors.
A minor who is 12, 13, 14, or 15 years old (older minor) may not operate an ATV
unless he or she has an ATV safety certificate or is accompanied by a person over 18
years of age. An older minor may operate an ATV on a roadway, as opposed to a trail,
only for limited purposes and only if the minor has a safety certificate.
Under current law, none of the above restrictions apply to a minor if he or she
is operating the ATV on land that is exclusively under the control of the minor's
immediately family. This bill broadens the exemption to include any land that is not
open to the public.
4. The bill requires that any person who is at least 12 years old and who is born
on or after January 1, 1988, have a valid safety certificate issued by the DNR or a
similar certificate issued by another state or Canadian province to operate an ATV.
This provision does not affect the exemption for minors under the age of 12 who are
authorized to operate ATVs without having a safety certificate under the limited
circumstances described above.
5. The bill increases the penalties imposed on a person operating an ATV under
the influence of an intoxicant or controlled substance if the person's alcohol level is
above a given level. For example, if a person has an alcohol concentration level of
0.17 to 0.199 at the time of the offense, the minimum and maximum fines if convicted
are doubled. Higher alcohol concentration levels result in the minimum and
maximum fines being tripled and quadrupled.
6. The bill prohibits the manufacturing, sale, rental, or operation of an ATV
that is constructed in such a manner that the noise from the ATV exceeds 96 decibels
on the A scale as measured in compliance with rules promulgated by DNR. Current
law only requires that an ATV muffler not produce excessive or unusual noise.
7. The bill increases the number of gallons used in calculating the estimated
ATV gas tax payment from 25 to 52 gallons. The estimated payment is calculated
for each fiscal year by multiplying the number of registered ATVs (except those
registered only for private use) by this number of gallons and then multiplying this
product by the excise tax imposed on gasoline and diesel fuel on the last day of
February of the previous fiscal year.

8. The bill increases funding for ATV trails, safety education, and law
enforcement.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB277, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
SB277, s. 2 3Section 2. 20.370 (1) (ms) of the statutes is amended to read:
SB277,3,64 20.370 (1) (ms) General program operations — state all-terrain vehicle projects.
5The amounts in the schedule from moneys received from all-terrain vehicle fees
6under s. 23.33 (2) (c) to (e) and (2j) for state all-terrain vehicle projects.
SB277, s. 3 7Section 3. 20.370 (5) (cu) of the statutes is amended to read:
SB277,3,128 20.370 (5) (cu) Recreation aids — all-terrain vehicle project aids. As a
9continuing appropriation, the amounts in the schedule from moneys received from
10all-terrain vehicle fees under s. 23.33 (2) (c) to (e) and (2j) to provide aid to towns,
11villages, cities, counties, and federal agencies for nonstate all-terrain vehicle
12projects.
SB277, s. 4 13Section 4. 20.380 (1) (r) of the statutes is created to read:
SB277,4,4
120.380 (1) (r) All-terrain vehicle impact study. Biennially, from the
2conservation fund, the amounts in the schedule from moneys received from
3all-terrain vehicle fees under s. 23.33 (2) (c) to (e) for the all-terrain vehicle impact
4study under 2003 Wisconsin Act .... (this act), section 21 (1 ).
SB277, s. 5 5Section 5. 23.33 (1) (if) of the statutes is amended to read:
SB277,4,106 23.33 (1) (if) "Land under the management and control of a the person's
7immediate family" means land owned or leased by the person or a member of the
8person's immediate family over which the owner or lessee has management and
9control. This term excludes land owned or leased by an organization of which the
10person or a member of the person's immediate family is a member.
SB277, s. 6 11Section 6. 23.33 (2) (a) of the statutes is amended to read:
SB277,4,1912 23.33 (2) (a) Requirement. No person may operate and no owner may give
13permission for the operation of an all-terrain vehicle within this state unless the
14all-terrain vehicle is registered for public use or for private use under this subsection
15or sub. (2g), is exempt from registration, or is operated with a reflectorized plate
16attached in the manner specified under par. (dm) 3. No person may operate and no
17owner may give permission for the operation of an all-terrain vehicle on a public an
18all-terrain vehicle route or an all-terrain vehicle trail unless the all-terrain vehicle
19is registered for public use under this subsection or sub. (2g).
SB277, s. 7 20Section 7. 23.33 (2) (c) of the statutes is amended to read:
SB277,4,2321 23.33 (2) (c) Registration; public use; fee. Any all-terrain vehicle may be
22registered for public use. The fee for the issuance or renewal of a registration
23certificate for public use is $12 $30.
SB277, s. 8 24Section 8. 23.33 (2) (d) of the statutes is amended to read:
SB277,5,4
123.33 (2) (d) Registration; private use; fee. An all-terrain vehicle used
2exclusively for agricultural purposes or used exclusively on private property may be
3registered for private use. The fee for the issuance of a registration certificate for
4private use is $6 $15.
SB277, s. 9 5Section 9. 23.33 (2) (dm) 2. of the statutes is amended to read:
SB277,5,106 23.33 (2) (dm) 2. The fee for the issuance or renewal of a commercial all-terrain
7vehicle certificate is $36 $90. Upon receipt of the application form required by the
8department and the fee required under this subdivision, the department shall issue
9to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized
10plates. The fee for additional reflectorized plates is $12 $30 per plate.
SB277, s. 10 11Section 10. 23.33 (2) (e) of the statutes is amended to read:
SB277,5,1712 23.33 (2) (e) Other fees. The fee for the transfer of an all-terrain vehicle
13registration certificate is $2 $5. The fee for the issuance of a duplicate all-terrain
14vehicle registration certificate, duplicate commercial all-terrain vehicle certificate
15or duplicate registration decals is $2 $5. The fee for the issuance of registration
16decals to a county or municipality is $2 $5. There is no fee for the issuance of
17registration decals to the state.
SB277, s. 11 18Section 11. 23.33 (2j) of the statutes is created to read:
SB277,5,2219 23.33 (2j) Nonresident trail passes. (a) In this subsection, "public all-terrain
20vehicle corridor" means an all-terrain vehicle trail or other established all-terrain
21vehicle corridor that is open to the public but does not include an all-terrain vehicle
22route.
SB277,5,2523 (b) Except as provided in par. (e), no person may operate an all-terrain vehicle
24on a public all-terrain vehicle corridor in this state unless a nonresident trail pass
25issued under this subsection is displayed on the all-terrain vehicle.
SB277,6,4
1(c) The fee for a nonresident trail pass issued for an all-terrain vehicle that is
2exempt from registration under sub. (2) (b) 2. is $17.25. A nonresident trail pass
3issued for such an all-terrain vehicle may be issued only by the department and
4persons appointed by the department and expires on June 30 of each year.
SB277,6,105 (d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle
6that is registered under sub. (2g) or s. 23.35. The department or Indian tribe or band
7shall issue a nonresident trail pass for such an all-terrain vehicle when it issues the
8registration certificate for the all-terrain vehicle. The department shall provide
9Indian tribes or bands that register all-terrain vehicles under sub. (2g) or s. 23.35
10with a supply of trail passes.
SB277,6,1711 (e) An all-terrain vehicle that is registered under sub. (2) (a) or that is exempt
12from registration under sub. (2) (b) 1., 3., or 4. is exempt from having a nonresident
13trail pass displayed as required under par. (b). The department may promulgate a
14rule to exempt all-terrain vehicles that are exempt from registration under sub. (2)
15(b) 5. from having nonresident trail passes displayed as required under par. (b) or
16may promulgate a rule to exempt owners of such all-terrain vehicles from having to
17pay any applicable nonresident trail pass fee.
SB277,6,2018 (f) 1. The department may appoint any person who is not an employee of the
19department as the department's agent to issue nonresident trail passes and collect
20the fees for these passes.
SB277,6,2421 2. Any person, including the department, who issues a nonresident trail pass
22shall collect in addition to the fee under par. (c) an issuing fee of 75 cents. An agent
23appointed under subd. 1. may retain 50 cents of the issuing fee to compensate the
24agent for the agent's services in issuing the pass.
SB277,7,3
13. The department shall establish, by rule, procedures for issuing nonresident
2trail passes, and the department may promulgate rules regulating the activities of
3persons who are appointed to be agents under this paragraph.
SB277, s. 12 4Section 12. 23.33 (5) (b) of the statutes is repealed and recreated to read:
SB277,7,75 23.33 (5) (b) All-terrain vehicle safety certificate. 1. No person who is at least
612 years of age and who is born on or after January 1, 1988, may operate an
7all-terrain vehicle unless he or she holds a valid safety certificate.
SB277,7,128 2. Any person who is required to hold an all-terrain vehicle safety certificate
9while operating an all-terrain vehicle shall carry the certificate on the all-terrain
10vehicle and shall display the certificate to a law enforcement officer on request.
11Persons enrolled in a safety certification program approved by the department may
12operate an all-terrain vehicle in an area designated by the instructor.
SB277, s. 13 13Section 13. 23.33 (5) (c) of the statutes is amended to read:
SB277,7,1814 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.
SB277, s. 14 19Section 14. 23.33 (6m) of the statutes is created to read:
SB277,7,2320 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.
SB277, s. 15 24Section 15. 23.33 (13) (ar) of the statutes is created to read:
SB277,8,2
123.33 (13) (ar) Penalty related to nonresident trail passes. Any person who
2violates sub. (2j) shall forfeit not more than $1,000.
SB277, s. 16 3Section 16. 23.33 (13) (b) (title) of the statutes is amended to read:
SB277,8,54 23.33 (13) (b) (title) Penalties related to prohibited intoxicated operation of an
5all-terrain vehicle
; intoxicants; refusal.
SB277, s. 17 6Section 17. 23.33 (13) (b) 2. of the statutes is amended to read:
SB277,8,117 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.
SB277, s. 18 12Section 18. 23.33 (13) (bg) of the statutes is created to read:
SB277,8,1813 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.
SB277, s. 19 19Section 19. 23.33 (13) (br) of the statutes is created to read:
SB277,8,2320 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.
SB277,9,3
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.
SB277,9,64 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.
SB277,9,87 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).
SB277, s. 20 9Section 20. 25.29 (1) (dm) of the statutes is amended to read:
SB277,9,1710 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.
SB277, s. 21 18Section 21 . Nonstatutory provisions.
SB277,9,2519 (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.
SB277, s. 22
1Section 22 . Appropriation changes.
SB277,10,62 (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.
SB277,10,117 (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.
SB277,10,1712 (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.
SB277,10,2318 (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.
SB277,11,424 (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.
SB277,11,95 (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.
SB277,11,1410 (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.
SB277, s. 23 15Section 23 . Initial applicability.
SB277,11,1816 (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.
SB277,11,2319 (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.
SB277, 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:
SB277,12,2
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.
SB277,12,53 (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.
SB277,12,66 (End)
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