AB453: Bill Text

AB453,41,22 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

AB453, s. 153 Section 153. 23.33 (13) (b) 4. of the statutes is amended to read:

AB453,41,25 23.33 (13) (b) 4. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has not attained the age of 19 21 shall forfeit not more than $50.

AB453, s. 154 Section 154. 23.33 (13) (bg) of the statutes is amended to read:

AB453,42,7 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle; underage passengers. If there is a passenger under 16 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a violation that gives rise to a conviction under sub. (4c) (a) 1. or 2. or (4p) (e), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under pars. (b) 1., 2., and 3. for the conviction are doubled.

AB453, s. 155 Section 155. 23.33 (13) (br) (title) of the statutes is amended to read:

AB453,42,10 23.33 (13) (br) (title) Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle; enhancers.

AB453, s. 156 Section 156. 23.33 (13) (dm) of the statutes is amended to read:

AB453,42,18 23.33 (13) (dm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

AB453, s. 157 Section 157. 23.33 (13) (e) of the statutes is amended to read:

AB453,43,3 23.33 (13) (e) Alcohol, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle or utility terrain vehicle, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

AB453, s. 158 Section 158. 23.33 (13) (f) of the statutes is amended to read:

AB453,43,9 23.33 (13) (f) Restoration or replacement of signs and standards. In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain vehicle route or trail sign or standard, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail, that the defendant removed, damaged, defaced, moved or obstructed.

AB453, s. 159 Section 159. 23.35 (1) (intro.) of the statutes is amended to read:

AB453,43,17 23.35 (1) (intro.) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles and, all-terrain vehicles, and utility terrain vehicles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:

AB453, s. 160 Section 160. 23.35 (1) (a) of the statutes is amended to read:

AB453,43,21 23.35 (1) (a) Requires that boats, snowmobiles and, all-terrain vehicles, and utility terrain vehicles display decals or identification numbers showing valid registration by the tribe or band.

AB453, s. 161 Section 161. 23.35 (1) (b) of the statutes is amended to read:

AB453,44,2 23.35 (1) (b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile or, all-terrain vehicle , or utility terrain vehicle.

AB453, s. 162 Section 162. 23.35 (1) (e) of the statutes is amended to read:

AB453,44,16 23.35 (1) (e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles and , all-terrain vehicles, and utility terrain vehicles registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile or, all-terrain vehicle, or utility terrain vehicle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile or, all-terrain vehicle, or utility terrain vehicle that is registered by the tribe or band.

AB453, s. 163 Section 163. 23.35 (2) of the statutes is amended to read:

AB453,44,20 23.35 (2) An agreement entered into under sub. (1) may cover a registration program for boats, snowmobiles or, all-terrain vehicles, or utility terrain vehicles or any combination thereof.

AB453, s. 164 Section 164. 25.29 (1) (b) of the statutes is amended to read:

AB453,44,24 25.29 (1) (b) One percent of all sales and use taxes under s. 77.61 (1) on all-terrain vehicles, utility terrain vehicles, boats and snowmobiles collected under ss. 23.33, 30.52 (4), 350.12 and 350.122.

AB453, s. 165 Section 165. 25.29 (1) (dm) of the statutes is renumbered 25.29 (1) (dm) 1. and amended to read:

AB453,45,4 25.29 (1) (dm) 1. For fiscal year 1991-92 and for each fiscal year thereafter, an An amount equal to the estimated all-terrain vehicle gas tax payment. The

AB453,45,11 2. For fiscal years before fiscal year 2013-14, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) and the number of reflectorized plates issued under s. 23.33 (2) (dm), 2009 stats., on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.

AB453, s. 166 Section 166. 25.29 (1) (dm) 3. of the statutes is created to read:

AB453,45,20 25.29 (1) (dm) 3. For fiscal year 2013-14, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g), the number of reflectorized plates issued under s. 23.33 (2) (dm), 2009 stats., and the number of commercial all-terrain vehicle registration decals issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.

AB453, s. 167 Section 167. 25.29 (1) (dm) 4. of the statutes is created to read:

AB453,46,3 25.29 (1) (dm) 4. For fiscal year 2014-15, and for each fiscal year thereafter, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) and the number of commercial all-terrain vehicle registration decals issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.

AB453, s. 168 Section 168. 25.29 (1) (dr) of the statutes is created to read:

AB453,46,11 25.29 (1) (dr) For fiscal year 2013-14 and for each fiscal year thereafter, an amount equal to the estimated utility terrain vehicle gas tax payment. The estimated utility terrain vehicle gas tax payment is calculated by multiplying the sum of the number of utility terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.

AB453, s. 169 Section 169. 25.40 (2) (b) 27. of the statutes is created to read:

AB453,46,13 25.40 (2) (b) 27. Section 20.855 (4) (v).

AB453, s. 170 Section 170. 25.40 (3) (b) 14. of the statutes is amended to read:

AB453,46,17 25.40 (3) (b) 14. Transfers to the conservation fund for motor fuel tax collections on the use of fuel by snowmobiles, all-terrain vehicles, utility terrain vehicles, and motorboats.

AB453, s. 171 Section 171. 30.26 (4) (title) of the statutes is amended to read:

AB453,46,20 30.26 (4) (title) Snowmobiles and, all-terrain vehicles, and utility terrain vehicles.

AB453, s. 172 Section 172. 30.26 (4) (a) (intro.) and (b) of the statutes are amended to read:

AB453,47,2 30.26 (4) (a) (intro.) The department may not prohibit the crossing of a bridge over a wild river by an all-terrain vehicle or utility terrain vehicle traveling on an all-terrain vehicle trail, as defined under s. 23.33 (1) (d), or by a snowmobile traveling on a snowmobile trail, as defined under s. 350.01 (17) that is constructed in any of the following locations:

AB453,47,6 (b) The state shall permit all-terrain vehicles, utility terrain vehicles, and snowmobiles to travel in a corridor across any state land that separates an all-terrain vehicle trail or a snowmobile trail and the bridges constructed at the locations listed under par. (a).

AB453, s. 173 Section 173. 30.29 (1) (b) of the statutes is amended to read:

AB453,47,9 30.29 (1) (b) "Motor vehicle" includes a utility terrain vehicle, as defined in s. 23.33 (1) (ng), and an all-terrain vehicle, as defined in s. 340.01 (2g).

AB453, s. 174 Section 174. 70.11 (45m) of the statutes is amended to read:

AB453,47,14 70.11 (45m) Snowmobile and , all-terrain vehicle, and utility terrain vehicle clubs. Trail groomers owned by a snowmobile club or, an all-terrain vehicle club, or a utility terrain vehicle club that is exempt from taxation under section 501 (c) (3), (4), or (7) of the Internal Revenue Code.

AB453, s. 175 Section 175. 77.51 (13) (am) of the statutes is amended to read:

AB453,47,19 77.51 (13) (am) Any person making any retail sale of a motor vehicle, aircraft, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle, utility terrain vehicle, or boat registered or titled, or required to be registered or titled, under the laws of this state or of the United States.

AB453, s. 176 Section 176. 77.51 (13s) of the statutes is amended to read:

AB453,47,23 77.51 (13s) "Safety classes" means all classes approved by the department of natural resources related to hunting, including hunting with a bow, and related to firearms, all-terrain vehicles, utility terrain vehicles, boats, and snowmobiles.

AB453, s. 177 Section 177. 77.54 (7) (b) (intro.) of the statutes is amended to read:

AB453,48,7 77.54 (7) (b) (intro.) If the item transferred is a motor vehicle, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle, utility terrain vehicle, or aircraft and the item is registered or titled, or required to be registered or titled, in this state or if the item is a boat that is registered or titled, or required to be registered or titled, in this state or under the laws of the United States, the exemption under par. (a) applies only if all of the following conditions are fulfilled:

AB453, s. 178 Section 178. 77.61 (1) (a) of the statutes is amended to read:

AB453,48,12 77.61 (1) (a) No motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle , utility terrain vehicle, or aircraft shall be registered or titled in this state unless the registrant presents proof that the sales or use taxes imposed by this subchapter have been paid.

AB453, s. 179 Section 179. 77.61 (1) (b) of the statutes is amended to read:

AB453,48,17 77.61 (1) (b) In the case of motor vehicles, boats, snowmobiles, recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles, utility terrain vehicles, or aircraft purchased from a retailer, the registrant shall present proof that the tax has been paid to such retailer.

AB453, s. 180 Section 180. 77.61 (1) (c) of the statutes is amended to read:

AB453,48,25 77.61 (1) (c) In the case of motor vehicles, boats, snowmobiles, recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles, utility terrain vehicles, or aircraft registered or titled, or required to be registered or titled, in this state purchased from persons who are not retailers, the purchaser shall file a sales tax return and pay the tax prior to registering or titling the motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), semitrailer, all-terrain vehicle, utility terrain vehicle, or aircraft in this state.

AB453, s. 181 Section 181. 77.78 of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB453,49,9 77.78 Registration. No motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle , utility terrain vehicle, or aircraft that is required to be registered by this state may be registered or titled by this state unless the registrant files a sales and use tax report and pays the county tax and special district tax at the time of registering or titling to the state agency that registers or titles the property. That state agency shall transmit those tax revenues to the department of revenue.

AB453, s. 182 Section 182. 78.01 (2) (e) of the statutes is amended to read:

AB453,49,15 78.01 (2) (e) Gasoline sold for nonhighway use in mobile machinery and equipment; other than use in a snowmobile, an all-terrain vehicle or utility terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat; and delivered directly into the consumer's storage tank in an amount of not less than 100 gallons.

AB453, s. 183 Section 183. 78.01 (2m) (f) of the statutes is amended to read:

AB453,49,21 78.01 (2m) (f) It is dyed diesel fuel and is sold for off-highway use other than use in a snowmobile, an all-terrain vehicle or utility terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or (2g) or in a recreational motorboat or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

AB453, s. 184 Section 184. 78.40 (1) of the statutes is amended to read:

AB453,50,11 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under ss. 78.405 and 78.407 is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, an all-terrain vehicle or utility terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or (2g) or a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.

AB453, s. 185 Section 185. 78.75 (1m) (a) 2m. of the statutes is amended to read:

AB453,50,18 78.75 (1m) (a) 2m. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating an all-terrain vehicle, as defined under s. 340.01 (2g), or a utility terrain vehicle, as defined under s. 23.33 (1) (ng), may not be reimbursed or repaid the amount of tax paid unless the all-terrain vehicle or utility terrain vehicle is registered for private use under s. 23.33 (2) (d) or (2g).

AB453, s. 186 Section 186. 78.75 (1m) (a) 3. of the statutes is amended to read:

AB453,51,8 78.75 (1m) (a) 3. Claims under subd. 1. shall be made and filed. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and motorboats that are not recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles or utility terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) or (2g) and shall indicate that estimated all-terrain vehicle or utility terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.

AB453, s. 187 Section 187. 100.48 (1) (d) of the statutes is created to read:

AB453,51,10 100.48 (1) (d) "Utility terrain vehicle" has the meaning given in s. 23.33 (1) (ng).

AB453, s. 188 Section 188. 100.48 (2), (3) (a) and (4) (c) of the statutes are amended to read:

AB453,51,16 100.48 (2) No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle, a utility terrain vehicle, or a boat with the intent to defraud by changing or affecting the number of hours of operation indicated on the hour meter.

AB453,52,6 (3) (a) Nothing in this section shall prevent the service, repair or replacement of an hour meter if the number of hours of operation indicated on the hour meter remains the same as before the service, repair or replacement. If an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle, a utility terrain vehicle, or a boat is incapable of registering the same number of hours of operation as before its service, repair or replacement, the hour meter shall be adjusted to read zero, and a sticker shall be affixed by the owner of the vehicle or device to which the hour meter is attached or an agent, in proximity to the hour meter, specifying the number of hours of operation recorded on the hour meter prior to its service, repair or replacement and the date on which it was serviced, repaired or replaced. No person who services, repairs or replaces an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle, a utility terrain vehicle, or a boat that is incapable of registering the same number of hours of operation as before such service, repair or replacement may fail to adjust the hour meter to read zero or fail to affix the sticker required by this paragraph.

AB453,52,10 (4) (c) Any person who violates sub. (2) or (3) with respect to an hour meter attached to a snowmobile, an all-terrain vehicle, a utility terrain vehicle, or a boat may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.

AB453, s. 189 Section 189. 322.111 of the statutes is amended to read:

AB453,52,18 322.111 Article 111 — Drunken or reckless operation of an all-terrain vehicle, utility terrain vehicle, vehicle, snowmobile, aircraft, or vessel. Any person who violates s. 23.33 (3) (a) or (4c), 30.68, 30.681, 114.09, 346.62, 346.63 (1) or (2), 350.10 (1) (b), 350.101, 940.25, or 940.09 where the offense involved the operation or physical control of an aircraft, all-terrain vehicle, utility terrain vehicle, snowmobile, vehicle or vessel on or off a highway shall be punished as the court-martial may direct.

AB453, s. 190 Section 190. 323.20 of the statutes is amended to read:

AB453,52,23 323.20 Emergency use of vehicles. In responding to an official request for help during any declared state of emergency, any person may operate a boat or any motor vehicle, including a snowmobile or, all-terrain vehicle, or utility terrain vehicle, that is not registered in this state.

AB453, s. 191 Section 191. 340.01 (27g) of the statutes is amended to read:

AB453,53,3 340.01 (27g) "Low-pressure tire" means a tire that has a minimum width of 6 inches and that is designed to be inflated with an operating pressure not to exceed 10 20 pounds per square inch as recommended by the manufacturer.

AB453, s. 192 Section 192. 340.01 (32) (intro.) of the statutes is amended to read:

AB453,53,9 340.01 (32) (intro.) "Motorcycle" means a motor vehicle, excluding a tractor or, an all-terrain vehicle, or a utility terrain vehicle, which is capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, with a power source as an integral part of the vehicle, and which meets the conditions under par. (a) or (b):

AB453, s. 193 Section 193. 340.01 (35) of the statutes is amended to read:

AB453,53,17 340.01 (35) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile and, an all-terrain vehicle, and a utility terrain vehicle shall only be considered motor vehicles only for purposes made specifically applicable by statute.

AB453, s. 194 Section 194. 341.057 of the statutes is amended to read:

AB453,53,21 341.057 All-terrain vehicles and utility terrain vehicles. All-terrain vehicles and utility terrain vehicles are not required to be registered under this chapter but shall be registered under s. 23.33 (2) or (2g).