LRB-2482/1
MGG/RNK/RCT:lmk:sh
2007 - 2008 LEGISLATURE
May 15, 2007 - Introduced by Joint Legislative Council. Referred to Committee
on Transportation, Tourism and Insurance.
SB185,2,4 1An Act to renumber and amend 23.33 (2j) (c); to amend 20.566 (1) (hp), 23.33
2(2) (c), 23.33 (2) (d), 23.33 (2) (dm) 2., 23.33 (3) (c), 23.33 (8) (a), 23.45 (1) (d),
3350.10 (1) (f) and 350.11 (1) (a) and (b); to repeal and recreate 25.29 (1) (dm);
4and to create 20.370 (1) (et), 20.370 (5) (cz), 23.175 (5t), 23.33 (2) (am), 23.33
5(2d), 23.33 (2j) (c) 2., 23.33 (8m), 23.33 (13) (aw), 23.33 (13) (g), 71.10 (5i) and
6350.10 (2w) of the statutes; relating to: trespass by operators of snowmobiles,
7all-terrain vehicles, and other off-road vehicles; increasing the appropriations
8for certain all-terrain vehicle programs; fees for registration of all-terrain
9vehicles for public and private use, fees for commercial all-terrain vehicle
10certificates, and fees for nonresident all-terrain vehicle trail passes; creating
11an all-terrain vehicle damage claim program; the all-terrain vehicle gas tax
12payment; promulgation of rules to establish standards and procedures for
13certifying the designation of all-terrain vehicle routes and trails; the display
14of all-terrain vehicle registration numbers; creating an individual income tax

1checkoff for trails that are not open to motorized vehicles; creating a
2nonmotorized trails program; requiring a certificate of title for an all-terrain
3vehicle; granting rule-making authority; requiring the exercise of rule-making
4authority; making an appropriation; and providing penalties.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
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:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on State Trails Policy. The key provisions of the
draft are as follows:
All-terrain vehicle trail certification rules
The bill requires the Department of Natural Resources (DNR) to promulgate
administrative rules to establish standards and procedures for certifying the designation
of all-terrain vehicle (ATV) routes and trails under the control of the department. The
draft requires the department to consider the interests of the state trails council and
other trail user groups when promulgating the rules.
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 PDF
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.
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