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.

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.

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

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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.

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.

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.

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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.

DNR is directed under this provision to implement the statute by promulgating
administrative rules applicable to the procedures for application for a certificate of title,
issuance of a certificate of title, recordkeeping, replacements, transfer of title, security
interests, and all other provisions necessary for the titling program. DNR is directed to
set and collect fees established by rule which shall, as closely as possible, equal the cost
of providing services related to ATV titling. The funds collected by DNR will be placed
in the conservation fund.

The effective date of this provision primarily relates to the commencement of the
requirement to obtain a certificate of title. This effective date means that the owner of
an ATV newly purchased on or after January 1, 2009, or the owner of an ATV who applies
for registration on or after January 1, 2009, and does not have a valid certificate of title
previously issued, must obtain a certificate of title for the ATV.

Note: These provisions increase the annual fee for a nonresident ATV trail pass
to $44.25 and establish a 7-day nonresident trail pass for a fee of $17.25. The current
statute requires DNR to collect an issuing fee of $0.75 for issuing a nonresident ATV trail
pass.

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These provisions result in a total fee for each annual and 7-day nonresident trail
pass to $45 and $18, respectively. Based on current nonresident ATV trail pass sales
estimates of 12,500 annually, the current fee raises approximately $215,000 annually.
Assuming, under the new fees, that 80% of the nonresidential ATV trail users will
purchase a weekly pass and the remaining 20% of nonresident ATV trail users will
purchase an annual pass, the weekly pass will raise approximately $250,000 annually
and the annual pass approximately $63,000 annually. This results in total annual
revenue of approximately $313,000, an increase of approximately $98,000 annually.

Note: This provision in current statutes is part of the rules of operation for ATVs.
This paragraph is preceded by an intro. that states: "No person may operate an
all-terrain vehicle:".

This bill expands the property that is subject to the prohibition by applying the
prohibition to public property as well as private property. The bill does this by deleting
"private" in the statute. This bill also creates an exception so that the expanded statute
does not apply to a public highway right-of-way.

Note: Under current ATV statutes, DNR is directed to encourage and supervise
a system of ATV routes and trails. To fulfill this charge, the statutes permit DNR to
establish standards and procedures for certifying the designation (i.e., approval to receive
state funds) of ATV routes and trails.

DNR has issued current standards and procedures for ATV use on department
lands as guidance documents. This bill requires DNR to promulgate administrative rules
to establish standards and procedures for certifying the designation of ATV routes and
trails under the control of the department. By requiring the standards and procedures
to be promulgated as rules, this bill will require public hearings on the current policies,
and any changes to those policies, through the agency process for developing rules and
the legislative administrative rule review process. Under this bill, the department must

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consider the interests of the state trails council and other trail user groups when
promulgating the rules required under this section.

Note: There is no ATV damage claim program under current law. If a person's
property is damaged by the operation of an ATV in an area not designated for ATV use,
the only remedy would be through court-ordered restitution as the judgment in a lawsuit.

This bill establishes 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. The provision requires
DNR to promulgate rules for implementation of the program. The provision requires the
department to verify that certain minimum standards are met regarding the awarding
of the payments. These standards include:

1. That the damage to the property was caused by the operation of ATVs in an area
not designated as an ATV route or ATV trail.