SB354: Bill Text

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

SB354, s. 1 Section 1. 20.370 (1) (iw) of the statutes is created to read:

SB354,6,2 20.370 (1) (iw) Utility terrain vehicle fees. All moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for administration of the utility terrain vehicle program under s. 23.33 (1m). This paragraph does not apply after June 30, 2013.

SB354, s. 2 Section 2. 20.370 (1) (mr) of the statutes is created to read:

SB354,6,6 20.370 (1) (mr) General program operations — state utility terrain vehicle projects. The amounts in the schedule from moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for state utility terrain vehicle projects.

SB354, s. 3 Section 3. 20.370 (3) (as) of the statutes is amended to read:

SB354,6,13 20.370 (3) (as) Law enforcement — all-terrain vehicle and utility terrain vehicle enforcement. The amounts in the schedule from moneys received from all-terrain vehicle and utility terrain vehicle fees under s. 23.33 (2) (c) to (e), for state law enforcement operations related to all-terrain vehicles and utility terrain vehicles, including actual enforcement, safety training, accident reporting, and similar activities.

SB354, s. 4 Section 4. 20.370 (5) (er) of the statutes is amended to read:

SB354,6,18 20.370 (5) (er) Enforcement aids — all-terrain vehicle and utility terrain vehicle enforcement. The amounts in the schedule from moneys received from all-terrain vehicle and utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for local law enforcement aids.

SB354, s. 5 Section 5. 20.370 (5) (eu) of the statutes is created to read:

SB354,6,23 20.370 (5) (eu) Recreation aids — utility terrain vehicle project aids. As a continuing appropriation, the amounts in the schedule from moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages, cities, counties, and federal agencies for nonstate utility terrain vehicle projects.

SB354, s. 6 Section 6. 20.370 (5) (gr) of the statutes is created to read:

SB354,7,4 20.370 (5) (gr) Recreation aids — utility terrain vehicle project aids; gas tax payment. As a continuing appropriation, an amount equal to the estimated utility terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties, and federal agencies for nonstate utility vehicle projects.

SB354, s. 7 Section 7. 20.370 (9) (hw) of the statutes is created to read:

SB354,7,8 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 by the department under s. 23.33 (2) (i).

SB354, s. 8 Section 8. 20.855 (4) (v) of the statutes is created to read:

SB354,7,14 20.855 (4) (v) Transfer to conservation fund; utility terrain vehicle formula. From the transportation fund, a sum sufficient in an amount equal to the amount to be paid into the conservation fund as determined under s. 25.29 (1) (dr). The amounts may be paid at such intervals during each fiscal year as the secretary of administration deems appropriate or necessary.

SB354, s. 9 Section 9. 23.119 (1) (b) of the statutes is amended to read:

SB354,7,18 23.119 (1) (b) "Off-highway vehicle" means a motor-driven craft or vehicle principally manufactured for off-highway use but does not include a snowmobile or, all-terrain vehicle, or utility terrain vehicle.

SB354, s. 10 Section 10. 23.33 (title) of the statutes is amended to read:

SB354,7,20 23.33 (title) All-terrain vehicles and utility terrain vehicles.

SB354, s. 11 Section 11. 23.33 (1) (ic) of the statutes is amended to read:

SB354,7,24 23.33 (1) (ic) "Intoxicated operation of an all-terrain or utility terrain vehicle law" means sub. (4c) or a local ordinance in conformity therewith or, if the operation of an all-terrain or utility terrain vehicle is involved, s. 940.09 or 940.25.

SB354, s. 12 Section 12. 23.33 (1) (ip) of the statutes is created to read:

SB354,8,2 23.33 (1) (ip) "Mini-truck" means a motor truck, as defined in s. 340.01 (34), having a top speed of not more than 60 miles per hour, and that is all of the following:

SB354,8,4 1. Powered by an internal combustion engine with a piston or rotor displacement of not less than 660 cubic centimeters.

SB354,8,5 2. Not more than 60 inches wide.

SB354,8,6 3. Not more than 1,600 pounds in dry, unloaded weight.

SB354,8,7 4. Manufactured with a locking enclosed cab and a heated interior.

SB354, s. 13 Section 13. 23.33 (1) (ir) of the statutes is amended to read:

SB354,8,12 23.33 (1) (ir) "Operate" means to exercise physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or to physically manipulate or activate any of the controls of an all-terrain the vehicle necessary to put it in motion.

SB354, s. 14 Section 14. 23.33 (1) (it) of the statutes is amended to read:

SB354,8,17 23.33 (1) (it) "Operation" means the exercise of physical control over the speed or direction of an all-terrain vehicle or utility terrain vehicle or the physical manipulation or activation of any of the controls of an all-terrain the vehicle necessary to put it in motion.

SB354, s. 15 Section 15. 23.33 (1) (iw) of the statutes is amended to read:

SB354,8,22 23.33 (1) (iw) "Operator" means a person who operates an all-terrain vehicle or utility terrain vehicle, who is responsible for the operation of an all-terrain vehicle or utility terrain vehicle or who is supervising the operation of an all-terrain vehicle or utility terrain vehicle.

SB354, s. 16 Section 16. 23.33 (1) (j) of the statutes is amended to read:

SB354,9,2 23.33 (1) (j) "Owner" means a person who has lawful possession of an all-terrain vehicle or utility terrain vehicle by virtue of legal title or equitable interest in the all-terrain vehicle which entitles the person to possession of the all-terrain vehicle.

SB354, s. 17 Section 17. 23.33 (1) (jn) of the statutes is amended to read:

SB354,9,6 23.33 (1) (jn) "Registration documentation" means an all-terrain vehicle or utility terrain vehicle registration certificate, a validated registration receipt, or a registration decal.

SB354, s. 18 Section 18. 23.33 (1) (n) of the statutes is amended to read:

SB354,9,11 23.33 (1) (n) "Used exclusively on private property" means use of an all-terrain vehicle or utility terrain vehicle by the owner of the all-terrain vehicle or a member of his or her immediate family only on land owned or leased by the all-terrain vehicle owner or a member of his or her immediate family.

SB354, s. 19 Section 19. 23.33 (1) (nc) of the statutes is created to read:

SB354,9,14 23.33 (1) (nc) "Utility terrain vehicle dealer" means a person engaged in the sale of utility terrain vehicles for a profit at wholesale or retail.

SB354, s. 20 Section 20. 23.33 (1) (nd) of the statutes is created to read:

SB354,9,18 23.33 (1) (nd) "Utility terrain vehicle distributor" means a person who sells or distributes utility terrain vehicles to utility terrain vehicle dealers or who maintains distributor representatives.

SB354, s. 21 Section 21. 23.33 (1) (ng) 2. of the statutes is created to read:

SB354,9,23 23.33 (1) (ng) 2. A motor driven device that has a net weight of more than 900 pounds, that is originally manufactured with a width of 50 inches or less, that is equipped with a seat designed to be straddled by the operator, and that is designed by the manufacturer to travel on 3 or more low-pressure tires.

SB354, s. 22 Section 22. 23.33 (1) (nh) of the statutes is created to read:

SB354,10,2 23.33 (1) (nh) "Utility terrain vehicle manufacturer" means a person engaged in the manufacture of utility terrain vehicles for sale to the public.

SB354, s. 23 Section 23. 23.33 (1) (np) of the statutes is created to read:

SB354,10,5 23.33 (1) (np) "Utility terrain vehicle renter" means a person engaged in the rental or leasing of utility terrain vehicles to the public.

SB354, s. 24 Section 24. 23.33 (1) (o) of the statutes is amended to read:

SB354,10,10 23.33 (1) (o) "Validated registration 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 has have been submitted to the department or an agent appointed under sub. (2) (i) 3.

SB354, s. 25 Section 25. 23.33 (1m) of the statutes is created to read:

SB354,10,12 23.33 (1m) Utility terrain vehicle program. (a) In this subsection:

SB354,10,13 1. "Municipality" means a city, village, or town.

SB354,10,14 2. "Public all-terrain vehicle corridor" has the meaning given in sub. (2j) (a).

SB354,10,16 (b) The department or a federal agency, county, or municipality may designate any of the following located within their respective jurisdictions:

SB354,10,18 1. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors that may be used by operators of utility terrain vehicles.

SB354,10,20 2. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors upon which utility terrain vehicle use is prohibited.

SB354,10,25 (c) No person may operate a utility terrain vehicle on an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor unless it is designated as an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor that may be used by operators of utility terrain vehicles as provided under this subsection.

SB354, s. 26 Section 26. 23.33 (2) (a) of the statutes is amended to read:

SB354,11,12 23.33 (2) (a) Requirement. No 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 attached in the manner and containing registration decals specified under par. (dm) 3. No 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).

SB354, s. 27 Section 27. 23.33 (2) (b) (intro.) of the statutes is amended to read:

SB354,11,15 23.33 (2) (b) Exemptions. (intro.) An all-terrain vehicle or utility terrain vehicle is exempt from registration if it is:

SB354, s. 28 Section 28. 23.33 (2) (b) 1. of the statutes is amended to read:

SB354,11,19 23.33 (2) (b) 1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle or utility terrain vehicle shall display in a visible manner the name of the owner.

SB354, s. 29 Section 29. 23.33 (2) (b) 2. of the statutes is repealed.

SB354, s. 30 Section 30. 23.33 (2) (b) 2m. b. of the statutes is amended to read:

SB354,11,23 23.33 (2) (b) 2m. b. The all-terrain vehicle or utility terrain vehicle displays the registration decal required by the tribe or band.

SB354, s. 31 Section 31. 23.33 (2) (b) 2m. c. of the statutes is repealed:

SB354, s. 32 Section 32. 23.33 (2) (b) 3m. of the statutes is amended to read:

SB354,12,3 23.33 (2) (b) 3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle or utility terrain vehicle.

SB354, s. 33 Section 33. 23.33 (2) (c) of the statutes is renumbered 23.33 (2) (c) 1 and amended to read:

SB354,12,12 23.33 (2) (c) 1. Any all-terrain vehicle or utility terrain vehicle may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use for an all-terrain vehicle or utility terrain vehicle is $30. The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application to transfer the registration certificate.

SB354, s. 34 Section 34. 23.33 (2) (c) 2. of the statutes is created to read:

SB354,12,24 23.33 (2) (c) 2. A person who is required to register an all-terrain vehicle or utility terrain vehicle for public use shall attach his or her own plate to the rear of the vehicle and shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible. The plate shall be a minimum of 4 inches in height and a minimum of 7 1/2 inches in width. The plate shall be white and shall display, in black lettering, the registration number for the all-terrain vehicle or utility terrain vehicle issued by the department. The registration number shall be displayed so that it is a minimum of 1 1/2 inches in height, with a minimum of a 3/16 inch stroke. The person required to register the all-terrain vehicle or utility terrain vehicle shall maintain the plate so that it is in legible condition.

SB354, s. 35 Section 35. 23.33 (2) (d) of the statutes is amended to read:

SB354,13,7 23.33 (2) (d) Registration; private use; fee. An all-terrain vehicle or utility terrain vehicle used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance of a registration certificate for private use is $15. A person who registers an all-terrain vehicle or utility terrain vehicle for private use shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible.

SB354, s. 36 Section 36. 23.33 (2) (dm) 1. of the statutes is amended to read:

SB354,13,14 23.33 (2) (dm) 1. Every person who is an all-terrain vehicle or utility terrain vehicle manufacturer, all-terrain vehicle or utility terrain vehicle dealer, all-terrain vehicle or utility terrain vehicle distributor, or all-terrain vehicle or utility terrain vehicle renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle and utility terrain vehicle certificate.

SB354, s. 37 Section 37 . 23.33 (2) (dm) 2. of the statutes is amended to read:

SB354,13,21 23.33 (2) (dm) 2. The fee for the issuance or renewal of a commercial all-terrain vehicle and utility terrain vehicle certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle and utility terrain vehicle certificate and 3 reflectorized plates registration decals. The fee for additional reflectorized plates registration decals is $30 per plate decal.

SB354, s. 38 Section 38. 23.33 (2) (dm) 3. of the statutes is amended to read:

SB354,14,5 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 shall be affixed to the plate or sign specified under this subdivision.

SB354, s. 39 Section 39. 23.33 (2) (dm) 4. of the statutes is amended to read:

SB354,14,9 23.33 (2) (dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle and utility terrain vehicle certificates or reflectorized plates registration decals.

SB354, s. 40 Section 40. 23.33 (2) (e) of the statutes is amended to read:

SB354,14,17 23.33 (2) (e) Other fees. The fee for the transfer of an all-terrain vehicle and utility terrain vehicle registration certificate is $5. The fee for the issuance of a duplicate all-terrain vehicle or utility terrain vehicle registration certificate, duplicate commercial all-terrain vehicle and utility terrain vehicle certificate or duplicate registration decals is $5. The fee for the issuance of registration decals to a county or municipality is $5. There is no fee for the issuance of registration decals to the state.