ATV, snowmobile, and off-road vehicle trespass
The bill expands the current statute that prohibits trespass with an ATV,
snowmobile, or off-road vehicle to apply to all property, rather than just private property,
and increases the penalty for violation of the amended statute.
ATV damage claim program
The bill creates an ATV damage claim program under which an applicant may
receive a payment for the repair or restoration of property damaged by the operation of
ATVs in any area not designated as an ATV route or ATV trail.
Certificate of title for ATVs
The bill creates a requirement for the owner of an ATV to obtain a certificate of title.
The titling requirement applies to the owner of a newly acquired ATV and to the owner
of an ATV who applies for registration without holding a previously issued certificate of
title. Any ATV that is exempt from registration in this state is also exempt from the titling
requirement.
Display of ATV registration number
The bill creates a requirement for the operator of an ATV to display the registration
number on an ATV that is registered for public use (i.e., for use on public trails or routes).
DNR is required by this bill to specify the manner of displaying the registration number.
The registration number must be displayed in a prominent manner and, at a minimum,
must be displayed at the rear of the ATV.
ATV gas tax payment
The bill repeals the current formula for the ATV gas tax payment, and replaces it
with a new formula. The increased funds generated by the formula are paid to the
conservation fund in DNR and are used to provide aid to towns, villages, cities, counties,
and federal agencies for nonstate ATV projects.
ATV fee increases
The bill increases the following fees:
*The fee for issuance or renewal of a registration certificate for public use of an
ATV.
*The fee for issuance of a registration certificate for private use of an ATV.
*The fee for issuance or renewal of a certificate for commercial use of an ATV.
*The annual fee for a nonresident ATV trail pass. The bill also creates a seven-day
nonresident trail pass.
Appropriation changes
The bill increases the following appropriations:
*Funds for DNR to reroute a segment of the Ice Age Trail that currently allows the
use of ATVs.
*Funds for DNR to provide aid to towns, villages, cities, counties, and federal
agencies for nonstate ATV projects.
*Aid for local ATV law enforcement.
Income tax checkoff for nonmotorized trails
The bill creates a nonmotorized trail program, to be administered by DNR, and
funded from the individual income tax checkoff for nonmotorized trails.
SB185, 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 
SB185, s. 2
3Section
2. 20.370 (1) (et) of the statutes is created to read:
SB185,3,74
20.370
(1) (et)
Nonmotorized trails. As a continuing appropriation, from
5moneys received as amounts designated under s. 71.10 (5i) (i), the net amounts
6certified under s. 71.10 (5i) (h) 3., for the nonmotorized trails program under s. 23.175
7(5t).
SB185, s. 3
8Section
3. 20.370 (5) (cz) of the statutes is created to read:
SB185,4,3
120.370
(5) (cz)
Recreation aids — all-terrain vehicle damage claims. The
2amounts in the schedule to pay claims under the all-terrain vehicle damage program
3under s. 23.33 (8m).
SB185, s. 4
4Section
4. 20.566 (1) (hp) of the statutes is amended to read:
SB185,4,135
20.566
(1) (hp)
Administration of endangered resources; professional football
6district; breast cancer research; fire fighters memorial; veterans trust fund; multiple
7sclerosis programs; prostate cancer research income tax checkoff voluntary payments. 8The amounts in the schedule for the payment of all administrative costs, including
9data processing costs, incurred in administering ss. 71.10 (5), (5e), (5f), (5fm), (5g),
10(5h),
(5i), and (5m), and 71.30 (10). All moneys specified for deposit in this
11appropriation under ss. 71.10 (5) (h) 5., (5e) (h) 4., (5f) (i), (5fm) (i), (5g) (i), (5h) (i),
12(5i) (i), and (5m) (i), and 71.30 (10) (i) and (11) (i) shall be credited to this
13appropriation.
SB185, s. 5
14Section
5. 23.175 (5t) of the statutes is created to read:
SB185,4,1715
23.175
(5t) Nonmotorized trail program. (a) The department shall use the
16moneys appropriated under s. 20.370 (1) (et) for a nonmotorized trail program. The
17department may use the moneys for any of the following:
SB185,4,1818
1. The acquisition of state land for nonmotorized trail use.
SB185,4,2019
2. The planning, establishment, development, construction, improvement, or
20maintenance of nonmotorized trails on state land.
SB185,4,2321
3. The awarding of grants to political subdivisions or nonprofit organizations
22for the acquisition of lands to be used for nonmotorized trails that will be available
23for public use.
SB185,5,3
14. The awarding of grants to political subdivisions and nonprofit organizations
2for the planning, establishment, development, construction, improvement, or
3maintenance of nonmotorized trails that are available for public use.
Note: This provision creates a nonmotorized trail program, to be administered by
the department of natural resources (DNR), and funded from the individual income tax
checkoff for nonmotorized trails.
SB185, s. 6
4Section
6. 23.33 (2) (am) of the statutes is created to read:
SB185,5,105
23.33
(2) (am)
Registration for public use; display of registration number. No
6person may operate in this state an all-terrain vehicle that is registered for public
7use under par. (a) unless the all-terrain vehicle has attached to it in a prominent
8manner, as specified by the department by rule, the registration number assigned
9to the all-terrain vehicle. The department shall require, at a minimum, display of
10the registration number at the rear of the all-terrain vehicle.
Note: Under the current all-terrain vehicle (ATV) statutes, no person may operate
or give permission to operate an ATV unless the ATV is registered for public use (i.e., for
use on public trails or routes) or for private use (i.e., used exclusively on private property),
or is exempt from registration, or is issued a commercial ATV certificate (i.e.,
manufacturers, dealers, or distributors, or persons engaged in the business of renting
ATVs). Under current rules promulgated by DNR, a person who registers an ATV for
public use must display two registration decals on the vehicle. The rules specify the size
of the decals and the information required to be contained on the decals. DNR also
designates authorized distributors of registration decals. Under the current statutes,
there is no license plate or other requirement to display registration numbers on an ATV.
This bill creates a requirement for the operator to display the registration number
on an ATV that is registered for public use. DNR is required by this bill to specify the
manner of displaying the registration number. The registration number must be
displayed in a prominent manner and at a minimum, must be displayed at the rear of the
ATV.
SB185, s. 7
11Section
7. 23.33 (2) (c) of the statutes is amended to read:
SB185,5,1412
23.33
(2) (c)
Registration; public use; fee. Any all-terrain vehicle may be
13registered for public use. The fee for the issuance or renewal of a registration
14certificate for public use is
$30 $50.
Note: Under current law, no person may operate, and no owner may give
permission for the operation of, an ATV within the state of Wisconsin unless the ATV is
registered for public use, private use, is exempt from registration, or is certified for
commercial use.
This provision increases the fee for issuance or renewal of a registration certificate
for public use of an ATV from $30 to $50. The registration is valid for two years.
Based on current DNR estimates that approximately 230,000 ATVs share a public
registration (calculated at 115,000 registrations per year to generate the annual
number), the current fee raises about $3.5 million annually. Assuming the same 230,000
registrations, under this provision of the bill, the fee increase would raise approximately
$5.75 million annually. The result is an increase in revenue of approximately $2.25
million annually.
SB185, s. 8
1Section
8. 23.33 (2) (d) of the statutes is amended to read:
SB185,6,52
23.33
(2) (d)
Registration; private use; fee. An all-terrain vehicle used
3exclusively for agricultural purposes or used exclusively on private property may be
4registered for private use. The fee for the issuance of a registration certificate for
5private use is
$15 $25.
Note: This provision increases the fee for issuance of a registration certificate for
private use of an ATV from $15 to $25. The private registration is valid from initial
purchase of the registration to the time that ownership is transferred.
DNR estimates that approximately 5,000 ATVs are registered for private use each
year. The current fee of $15 raises about $75,000 annually. Assuming a continued 5,000
private registrations each year, the increased fee, at $25, would raise approximately
$125,000 per year. The result is a revenue increase of approximately $50,000 annually.
SB185, s. 9
6Section
9. 23.33 (2) (dm) 2. of the statutes is amended to read:
SB185,6,117
23.33
(2) (dm) 2. The fee for the issuance or renewal of a commercial all-terrain
8vehicle certificate is
$90 $100. Upon receipt of the application form required by the
9department and the fee required under this subdivision, the department shall issue
10to the applicant a commercial all-terrain vehicle certificate and 3 reflectorized
11plates. The fee for additional reflectorized plates is
$30 $40 per plate.
Note: This provision increases the fee for issuance or renewal of a certificate for
commercial use of an ATV from $90 to $100. The commercial certificate is valid for two
years.
Based on DNR estimates that approximately 650 ATVs are registered for
commercial use annually, the fee currently raises about $60,000 annually. Assuming the
same 650 annual registrations in the future, under this provision of the bill, the new fee
would raise approximately $65,000 annually. This results in a revenue increase of about
$5,000 annually.
SB185, s. 10
12Section
10. 23.33 (2d) of the statutes is created to read:
SB185,7,5
123.33
(2d) Certificate of title; requirements; exceptions. (a)
Certificate. The
2owner of an all-terrain vehicle subject to registration in this state, whether or not
3the all-terrain vehicle is operated in this state, shall make application for a
4certificate of title for the all-terrain vehicle under any of the following
5circumstances:
SB185,7,76
1. If the owner has newly acquired the all-terrain vehicle, he or she shall make
7application under this subsection.
SB185,7,108
2. If the owner applies for registration of an all-terrain vehicle without holding
9a valid certificate of title previously issued to that owner by the department for the
10all-terrain vehicle, he or she shall at the same time apply for a certificate of title.
SB185,7,1411
(b)
Exemptions. An all-terrain vehicle is exempt from the certificate of title
12requirements of this subsection if it is exempt under sub. (2) (b) from registration
13requirements. The department may exempt additional classes of all-terrain
14vehicles from the certificate of title requirements.
SB185,7,1915
(c)
All-terrain vehicles purchased by nonresidents. A nonresident who
16purchases an all-terrain vehicle in this state and who intends to register the
17all-terrain vehicle in another state is not required to apply for a certificate of title
18under this chapter. A nonresident who purchases an all-terrain vehicle in this state
19may apply for a certificate of title under this subsection.
SB185,7,2320
(d)
Application for certificate of title. An application for a certificate of title shall
21be made to the department and shall be accompanied by the required fee. Each
22application for certificate of title shall contain the information required by the
23department.
SB185,8,224
(e)
Issuance; records; fees. 1. The department shall file each application for
25certificate of title received by it and, when satisfied as to its genuineness and
1regularity and that the applicant is entitled to the issuance of a certificate of title,
2shall issue and deliver a certificate to the owner of the all-terrain vehicle.
SB185,8,43
2. The department shall file and retain for at least 5 years a record of all
4applications for a certificate of title.
SB185,8,65
3. The department shall conduct a title search upon the request of an applicant
6for a certificate of title.
SB185,8,87
4. The department shall by rule fix and collect fees that shall, as closely as
8possible, equal the cost of providing services under this subsection.
SB185,8,109
(f)
Contents of certificate of title. Each certificate of title issued by the
10department shall contain information required by the department.
SB185,8,1611
(g)
Law enforcement. The department shall establish procedures for
12identifying stolen all-terrain vehicles with the cooperation of local law enforcement
13officials and the department of justice, by checking applications for title against any
14lists of stolen all-terrain vehicles, inspecting serial numbers if the owner applies for
15a replacement certificate of title, and inspecting all-terrain vehicles that are
16purchased out of state.
SB185,8,1917
(h)
Replacements; transfer of title. The department shall establish procedures
18and forms for the replacement of certificates of title and the transfer of title to an
19all-terrain vehicle or the transfer of any interest in an all-terrain vehicle.
SB185,8,2220
(i)
Alterations and falsifications prohibited. 1. No person may intentionally
21falsify a certificate of title issued under this subsection, or an application for a
22certificate of title issued under the subsection.
SB185,8,2523
2. No person may intentionally alter, remove, or change any number or other
24character in an all-terrain vehicle engine serial number or all-terrain vehicle serial
25number.
SB185,9,4
1(j)
Abandonment or destruction of all-terrain vehicle. The department shall
2promulgate rules establishing procedures that apply in the event of abandonment
3or destruction of an all-terrain vehicle covered by a certificate of title or registration
4issued by this state.
SB185,9,85
(k)
Security interests. 1. A security interest in an all-terrain vehicle of a type
6for which a certificate of title is required is not valid against creditors of the owner
7or subsequent transferees or secured parties of the all-terrain vehicle unless
8perfected as provided in rules promulgated by the department.
SB185,9,129
2. A secured party named in a certificate of title shall, upon written request of
10the owner or of another secured party named on the certificate, disclose any
11pertinent information about the secured party's security agreement and the
12indebtedness secured by it.
SB185,9,1713
3. An owner shall promptly deliver the certificate of title to any secured party
14who is named on it or who has a security interest in the all-terrain vehicle described
15in it under any applicable prior law of this state, upon receipt of a notice from the
16secured party that the secured party's security interest is to be assigned, extended,
17or perfected.
SB185,9,1918
4. A secured party who fails to disclose information under subd. 2. shall be
19liable to the owner for any loss caused by the failure to disclose.
SB185,9,2220
5. An owner who fails to deliver the certificate of title to a secured party
21requesting it under subd. 3. shall be liable to the secured party for any loss caused
22to the secured party by the failure to deliver.
SB185,9,2523
6. The method provided in this paragraph for perfecting and giving notice of
24security interests subject this subsection is exclusive. Security interests subject to
25this subsection are exempt from the provisions of law that otherwise require or relate
1to the filing of instruments creating or evidencing security interests. This
2subdivision does not affect the validity of a security interest perfected before the
3effective date of this subdivision .... [revisor inserts date].
SB185,10,64
(L)
Suspension or revocation of certificate of title. 1. The department shall
5suspend or revoke a certificate of title for an all-terrain vehicle if it finds any of the
6following:
SB185,10,87
a. The certificate of title was fraudulently procured, erroneously issued, or
8prohibited by law.
SB185,10,99
b. The all-terrain vehicle has been scrapped, dismantled, or destroyed.
SB185,10,1010
c. A transfer of title is set aside by a court by order or judgment.
SB185,10,1211
2. Suspension or revocation of a certificate of title does not, in itself, affect the
12validity of a security interest noted on it.
SB185,10,1513
3. When the department suspends or revokes a certificate of title, the owner
14or person in possession of the certificate shall, within 5 days after receiving notice
15of the suspension or revocation, mail or deliver the certificate to the department.
SB185,10,1716
4. The department may seize and impound a certificate of title that is
17suspended or revoked.
SB185,10,2018
(m)
Grounds for refusing issuance of certificate of title. The department shall
19refuse issuance of a certificate of title if any required fee is not paid or if it has
20reasonable grounds to believe that any of the following exists:
SB185,10,2121
1. The person alleged to be the owner of the all-terrain vehicle is not the owner.
SB185,10,2222
2. The application contains a false or fraudulent statement.
SB185,10,2423
3. The applicant fails to furnish information or documents required by the
24department.
Note: This provision creates a requirement for the owner of an ATV to obtain a
certificate of title. Any owner of an ATV that is subject to registration in this state must
comply with the titling requirement. The titling requirement applies to the owner of a
newly acquired ATV and to the owner of an ATV who applies for registration without
holding a previously issued certificate of title. Any ATV that is exempt from registration
in this state is also exempt from the titling requirement. Although nonresidents who
register an ATV in another state are not required to apply for a certificate of title, a
nonresident may choose to obtain a Wisconsin title for an ATV purchased in this state.
