AB434: Bill Text

Generally under current law, the owner of a snowmobile may not operate a snowmobile or give permission to another person to operate a snowmobile on a snowmobile corridor unless a trail use sticker, issued by DNR or its agent, is displayed on the snowmobile. This bill allows DNR or its agent to issue a temporary trail use receipt showing that an application and the required fees for a trail use sticker have been submitted to DNR or the agent. The bill allows a person to operate a snowmobile on a snowmobile corridor without a trail use sticker if the person is carrying proof of a valid temporary trail use receipt.

Under current law, every person who is a snowmobile manufacturer, snowmobile dealer, snowmobile distributor, or snowmobile renter or any combination of these is required to register with DNR, obtain a commercial snowmobile certificate, and attach a reflectorized plate in a clearly visible place to any snowmobile not registered for public use that the person leases, rents, offers for sale, or otherwise allows to be used whenever the snowmobile is being operated. Under this bill, instead of issuing three reflectorized plates with a commercial snowmobile certificate, DNR is required to issue three registration decals. Instead of requiring a reflectorized plate to be attached to a snowmobile, the bill requires only a plate and specifies that it must be removable and temporarily but firmly mounted to a snowmobile. The bill also requires a registration decal to be attached to the plate.

The bill prohibits a person from intentionally making a false statement on an application for a snowmobile registration and from altering, removing, or changing any number or character in a snowmobile VIN. The bill also prohibits a person from manufacturing a VIN tag the person knows to contain false information to be placed on a snowmobile and from placing a VIN tag the person knows to be false on a snowmobile.

Boats

Current law prohibits a person from intentionally falsifying an application for a certificate of title, a certificate of number, or a registration of a boat or intentionally falsifying certain official identification numbers related to boats. A person guilty of violating any of these prohibitions is guilty of a Class H felony, except for a violation of the prohibition against falsifying an application for a certificate of number or registration. This bill makes that violation a Class H felony as well.

Under current law, DNR is required to suspend or revoke a certificate of title for a boat if it finds that the certificate of title was fraudulently procured; the boat has been scrapped, dismantled, or destroyed; or the transfer of a certificate of title has been set aside by a court order or judgment. If DNR suspends or revokes a certificate of title, current law requires the owner or person in possession of the certificate of number or registration to deliver it to DNR and allows DNR to seize and impound a certificate of number or registration that is suspended or revoked. This bill adds that DNR is also required to suspend or revoke a certificate of number or registration for a boat under these circumstances.

Hunting, fishing, and trapping

Generally, under current law, no person may hunt, fish, or trap unless DNR issues the person the appropriate approval, which could be a license, permit, certificate, card, stamp, or tag. Current law generally requires a person to carry the required approval at all times while hunting, fishing, or trapping and to exhibit the approval to DNR or its wardens on demand. The bill requires a person to carry proof of an approval instead of carrying the approval.

Current law requires DNR to issue a carcass tag to each person who is issued a deer hunting license, an elk hunting license, a wolf hunting license, a bear hunting license, an archer hunting license, a crossbow hunting license, a sports license, or a conservation patron license, and a certain number of carcass tags to a person who is issued a sturgeon spearing license. Generally, a person who kills a deer, elk, bear, or wolf or who spears a sturgeon must immediately validate and attach the carcass tag to the animal. Current law also allows DNR to promulgate by rule a requirement that hunters tag each sharp-tailed grouse killed with a tag issued by DNR. This bill eliminates the requirement that a carcass tag be attached to an animal and requires only that the carcass tag be validated in the manner required by DNR. The bill also allows DNR to require hunters to validate, not to attach, a tag to each sharp-tailed grouse killed.

Under current law, no person may change or alter an approval or enter other than the correct date of issuance on an approval. Under this bill, no person may alter an approval or proof of an approval or falsely represent that the person holds an approval.

Under current law, no person may possess or control deer or elk antlers in the velvet or a deer or an elk skin in the spotted coat of a lawfully killed deer or elk unless DNR has authorized the possession. This bill eliminates this restriction.

This bill prohibits a person from possessing, buying, exhibiting, using, transferring, selling, or offering for transfer or sale an approval or proof of an approval if the person knows the approval or proof is counterfeit, if the person has illegally or erroneously obtained the approval or proof, or if the approval has been suspended or revoked. A person who violates this prohibition may be required to forfeit not less than $250 and not more than $2,000 and is subject to a natural resources restitution surcharge.

Enforcement

Under current law, after having identified himself or herself as an enforcing officer, and within certain limitations, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that the person is committing, is about to commit, or has committed a violation of certain natural resource or environment-related statutes, administrative rules, or ordinances. Under the bill, an enforcing officer has reasonable suspicion to perform such a stop if an ATV or UTV does not visibly display a registration plate or decal or a nonresident trail pass, if a boat does not visibly display a registration or certification decal, or if a snowmobile does not visibly display a registration decal or trail use sticker.

Under current law, generally, a civil action resulting from a violation of certain natural resource or environment-related statutes, administrative rules, or ordinances must be tried in the county where the offense was committed. Under the bill, if the offense results from the violation of a requirement to possess an approval, a prohibition against breaking, removing, interfering with, altering, forging, or falsely representing that the person holds an approval or proof of an approval, or a prohibition against counterfeit approvals or illegally-obtained approvals, the defendant may be tried in the county where the offense was committed or Dane County.

Under current law, in an action for intentionally falsifying an application for a boat certificate of number, a registration, or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer, or the county where DNR received the application. This bill applies these same venue options for an action for intentionally falsifying an application for an ATV, UTV, or snowmobile registration.

Under current law, many penalties for violations of natural resource statutes include forfeitures. This bill increases many of those forfeiture amounts.

For further information see the state 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:

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

AB434,8,2 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.

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

AB434,8,7 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).

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

AB434,8,13 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).

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

AB434,8,17 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.

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

AB434,8,23 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.

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

AB434,9,2 23.33 (1m) (a) 2. "Public all-terrain vehicle corridor" has the meaning given in sub. (2j) (a) 1.

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

AB434,9,14 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).

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

AB434,9,22 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.

AB434,9,24 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.

AB434,10,4 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.

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

AB434,10,14 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.

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

AB434,10,18 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.

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

AB434,10,23 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:

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

AB434,11,3 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.

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

AB434,11,8 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.

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

AB434,11,14 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.:

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

AB434,11,20 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.

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

AB434,12,2 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.

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

AB434,12,11 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.

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

AB434,12,16 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.

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

AB434,12,18 23.33 (2) (ir) (title) Registration; supplemental fees fee.

AB434,20 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:

AB434,13,2 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.

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

AB434,13,5 23.33 (2h) Alterations and falsifications prohibited. (a) No person may intentionally do any of the following:

AB434,13,7 1. Make a false statement on an application for a registration issued under sub. (2) or (2g).

AB434,13,9 2. Alter, remove, or change any number or other character in an engine serial number.

AB434,13,11 3. Alter, remove, or change any number or other character in a vehicle identification number.

AB434,13,12 (b) No person may do any of the following:

AB434,13,16 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].

AB434,13,18 2. Place a vehicle identification number tag that the person knows to be false on an all-terrain vehicle or utility terrain vehicle.

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

AB434,13,21 23.33 (2j) (a) (intro.) In this subsection, "public:

AB434,13,24 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.

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

AB434,14,4 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.

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

AB434,14,10 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.

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

AB434,14,20 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.

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

AB434,14,24 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.

AB434,15,5 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.

AB434,15,9 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.

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

AB434,15,17 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.

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

AB434,15,21 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.

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