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 
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.
