2011 WISCONSIN ACT
208
An Act
to repeal
23.33 (2) (b) 2., 23.33 (2) (b) 2m. c., 23.33 (2) (f) 2., 23.33 (2) (gm) 2., 23.33 (11p) (title), 23.33 (11p) (a) (intro.), 23.33 (11p) (a) 1., 23.33 (11p) (a) 5. and 23.33 (11p) (b) to (i);
to renumber
23.33 (11p) (a) 2.;
to renumber and amend
23.33 (2) (c), 23.33 (2) (f) 1., 23.33 (2) (gm) 1., 23.33 (2j) (c), 23.33 (4) (e) 3., 23.33 (11p) (a) 3., 23.33 (11p) (a) 4., 23.33 (11p) (a) 6. and 25.29 (1) (dm);
to amend
20.370 (3) (as), 20.370 (5) (er), 23.119 (1) (b), 23.33 (title), 23.33 (1) (ag), 23.33 (1) (ic), 23.33 (1) (ir), 23.33 (1) (it), 23.33 (1) (iw), 23.33 (1) (j), 23.33 (1) (jn), 23.33 (1) (n), 23.33 (1) (o), 23.33 (2) (a), 23.33 (2) (b) (intro.), 23.33 (2) (b) 1., 23.33 (2) (b) 2m. b., 23.33 (2) (b) 3m., 23.33 (2) (d), 23.33 (2) (dm) 1., 23.33 (2) (dm) 2., 23.33 (2) (dm) 3., 23.33 (2) (dm) 4., 23.33 (2) (e), 23.33 (2) (g), 23.33 (2) (ig) 2., 23.33 (2) (ir) 1., 23.33 (2) (o), 23.33 (2) (p) 2., 23.33 (2g) (a), 23.33 (2g) (b) 3., 23.33 (2g) (c) 2., 23.33 (2g) (e) 4., 23.33 (2g) (f) 2., 23.33 (2j) (b), 23.33 (2j) (d), 23.33 (2j) (e), 23.33 (2m) (title), 23.33 (2m) (a) (intro.), 23.33 (2m) (a) 1., 23.33 (2m) (a) 2., 23.33 (2m) (a) 3., 23.33 (2m) (b), 23.33 (3) (intro.), 23.33 (3) (c), 23.33 (3) (cm), 23.33 (3) (d), 23.33 (3) (h), 23.33 (3c) (a), 23.33 (3c) (b), 23.33 (3g) (intro.), 23.33 (3g) (c), 23.33 (3g) (d), 23.33 (4) (a), 23.33 (4) (b), 23.33 (4) (c) 1., 23.33 (4) (c) 1m., 23.33 (4) (c) 2., 23.33 (4) (d) (intro.), 23.33 (4) (d) 1., 23.33 (4) (d) 2., 23.33 (4) (d) 3., 23.33 (4) (d) 4., 23.33 (4) (d) 5., 23.33 (4) (d) 6., 23.33 (4) (e) (intro.), 23.33 (4) (f), 23.33 (4c) (title), 23.33 (4c) (a) 1., 23.33 (4c) (a) 2., 23.33 (4c) (a) 2m., 23.33 (4c) (a) 3., 23.33 (4c) (b) 1., 23.33 (4c) (b) 2., 23.33 (4c) (b) 2m., 23.33 (4g) (a), 23.33 (4g) (b), 23.33 (4j), 23.33 (4L), 23.33 (4p) (a) 1., 23.33 (4p) (a) 3., 23.33 (4p) (b) 4., 23.33 (4p) (c) 1., 23.33 (4p) (c) 2., 23.33 (4p) (d), 23.33 (4p) (e) 1., 23.33 (4p) (e) 2., 23.33 (4t), 23.33 (4x) (title), 23.33 (4z) (a) 1., 23.33 (4z) (a) 2., 23.33 (4z) (b), 23.33 (5) (a) (title), 23.33 (5) (b), 23.33 (5) (c), 23.33 (5) (d), 23.33 (6) (a), (b), (c), (d), (e) and (h), 23.33 (6m), 23.33 (7), 23.33 (8) (d), 23.33 (8) (e), 23.33 (8) (f) 1., 23.33 (8) (f) 2., 23.33 (9) (a), 23.33 (11) (a), 23.33 (11) (am) 2., 23.33 (11) (b), 23.33 (12) (b), 23.33 (13) (b) (title), 23.33 (13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (b) 4., 23.33 (13) (bg), 23.33 (13) (br) (title), 23.33 (13) (dm), 23.33 (13) (e), 23.33 (13) (f), 23.35 (1) (intro.), 23.35 (1) (a), 23.35 (1) (b), 23.35 (1) (e), 23.35 (2), 25.29 (1) (b), 25.40 (3) (b) 14., 30.26 (4) (title), 30.26 (4) (a) (intro.) and (b), 30.29 (1) (b), 70.11 (45m), 77.51 (13) (am), 77.51 (13s), 77.53 (17), 77.53 (18), 77.54 (7) (b) (intro.), 77.61 (1) (a), 77.61 (1) (b), 77.61 (1) (c), 77.73 (2), 77.78, 78.01 (2) (e), 78.01 (2m) (f), 78.40 (1), 78.75 (1m) (a) 2m., 78.75 (1m) (a) 3., 100.48 (2), (3) (a) and (4) (c), 322.111, 323.20, 340.01 (27g), 340.01 (32) (intro.), 340.01 (35), 341.057, 344.61 (1), 345.11 (1r), 346.02 (11), 346.66 (1) (c), 346.71 (1), 346.71 (2), 347.24 (1) (c), 347.415 (1g), 347.415 (1m), 348.01 (2) (d), 885.235 (1g) (intro.), 885.235 (1k), 895.043 (6), 895.049, 895.52 (1) (g), 895.525 (2), 901.053, 938.17 (title), 938.17 (1) (intro.) and 938.343 (9); and
to create
20.370 (1) (iw), 20.370 (1) (mr), 20.370 (5) (eu), 20.370 (5) (gr), 20.370 (9) (hw), 20.855 (4) (v), 23.33 (1) (ip), 23.33 (1) (nc), 23.33 (1) (nd), 23.33 (1) (ng) 2., 23.33 (1) (nh), 23.33 (1) (np), 23.33 (1m), 23.33 (2) (c) 2., 23.33 (2) (om), 23.33 (2j) (c) 2., 23.33 (2k), 23.33 (3) (em), 23.33 (4) (e) 3. a., 23.33 (4) (e) 3. b., 23.33 (4) (e) 3m., 23.33 (5) (am), 23.33 (5) (b) 1m., 23.33 (6) (i), 23.33 (6r), 23.33 (9) (bg), 25.29 (1) (dm) 3., 25.29 (1) (dm) 4., 25.29 (1) (dr), 25.40 (2) (b) 27. and 100.48 (1) (d) of the statutes;
relating to:
registration and operation of all-terrain vehicles and utility terrain vehicles, granting rule-making authority, and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
20.370 (1) (iw) of the statutes is created to read:
20.370
(1)
(iw)
Utility terrain vehicle fees.
All moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for administration of the utility terrain vehicle program under s. 23.33 (1m). This paragraph does not apply after June 30, 2013.
Section
2
.
20.370 (1) (mr) of the statutes is created to read:
20.370
(1)
(mr)
General program operations — state utility terrain vehicle projects.
The amounts in the schedule from moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) for state utility terrain vehicle projects.
Section
3
.
20.370 (3) (as) of the statutes is amended to read:
20.370
(3)
(as)
Law enforcement — all-terrain vehicle
and utility terrain vehicle
enforcement.
The amounts in the schedule from moneys received from all-terrain vehicle
and utility terrain vehicle
fees under s. 23.33 (2) (c) to (e), for state law enforcement operations related to all-terrain vehicles
and utility terrain vehicles
, including actual enforcement, safety training, accident reporting, and similar activities.
Section
4
.
20.370 (5) (er) of the statutes is amended to read:
20.370
(5)
(er)
Enforcement aids — all-terrain vehicle
and utility terrain vehicle
enforcement.
The amounts in the schedule from moneys received from all-terrain vehicle
and utility terrain vehicle
fees under s. 23.33 (2) (c) to (e) for local law enforcement aids.
Section
5
.
20.370 (5) (eu) of the statutes is created to read:
20.370
(5)
(eu)
Recreation aids — utility terrain vehicle project aids.
As a continuing appropriation, the amounts in the schedule from moneys received from utility terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages, cities, counties, and federal agencies for nonstate utility terrain vehicle projects.
Section
6
.
20.370 (5) (gr) of the statutes is created to read:
20.370
(5)
(gr)
Recreation aids — utility terrain vehicle project aids; gas tax payment.
As a continuing appropriation, an amount equal to the estimated utility terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties, and federal agencies for nonstate utility vehicle projects.
Section
7
.
20.370 (9) (hw) of the statutes is created to read:
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 by the department under s. 23.33 (2) (i).
Section
8
.
20.855 (4) (v) of the statutes is created to read:
20.855
(4)
(v)
Transfer to conservation fund; utility terrain vehicle formula.
From the transportation fund, a sum sufficient in an amount equal to the amount to be paid into the conservation fund as determined under s. 25.29 (1) (dr). The amounts may be paid at such intervals during each fiscal year as the secretary of administration deems appropriate or necessary.
Section
9
.
23.119 (1) (b) of the statutes is amended to read:
23.119
(1)
(b) "Off-highway vehicle" means a motor-driven craft or vehicle principally manufactured for off-highway use but does not include a snowmobile
or
,
all-terrain vehicle
, or utility terrain vehicle
.
Section
10
.
23.33 (title) of the statutes is amended to read:
23.33
(title)
All-terrain vehicles
and utility terrain vehicles
.
Section
10m
.
23.33 (1) (ag) of the statutes is amended to read:
23.33
(1)
(ag) "Agricultural purpose"
means
includes
a purpose related to
beekeeping, operating commercial feedlots, dairying, egg production, floriculture, fish or fur farming, forest and game management, grazing, livestock raising, operating orchards, plant greenhouses or nurseries, poultry raising, raising grain, grass, mint or seed crops, sod farming or raising fruits, nuts, berries
the transportation of farm implements, equipment, supplies,
or
vegetables
products on a farm or between farms
.
Section
11
.
23.33 (1) (ic) of the statutes is amended to read:
23.33
(1)
(ic) "Intoxicated operation of an all-terrain
or utility terrain
vehicle law" means sub. (4c) or a local ordinance in conformity therewith or, if the operation of an all-terrain
or utility terrain
vehicle is involved, s. 940.09 or 940.25.
Section
12
.
23.33 (1) (ip) of the statutes is created to read:
23.33
(1)
(ip) "Mini-truck" means a motor truck, as defined in s. 340.01 (34), having a top speed of not more than 60 miles per hour, and that is all of the following:
1. Powered by an internal combustion engine with a piston or rotor displacement of not less than 660 cubic centimeters.
2. Not more than 60 inches wide.
3. Not more than 1,600 pounds in dry, unloaded weight.
4. Manufactured with a locking enclosed cab and a heated interior.
Section
13
.
23.33 (1) (ir) of the statutes is amended to read:
23.33
(1)
(ir) "Operate" means to exercise physical control over the speed or direction of an all-terrain vehicle
or utility terrain vehicle
or to physically manipulate or activate any of the controls of
an all-terrain
the
vehicle necessary to put it in motion.
Section
14
.
23.33 (1) (it) of the statutes is amended to read:
23.33
(1)
(it) "Operation" means the exercise of physical control over the speed or direction of an all-terrain vehicle
or utility terrain vehicle
or the physical manipulation or activation of any of the controls of
an all-terrain
the
vehicle necessary to put it in motion.
Section
15
.
23.33 (1) (iw) of the statutes is amended to read:
23.33
(1)
(iw) "Operator" means a person who operates an all-terrain vehicle
or utility terrain vehicle
, who is responsible for the operation of an all-terrain vehicle
or utility terrain vehicle
or who is supervising the operation of an all-terrain vehicle
or utility terrain vehicle
.
Section
16
.
23.33 (1) (j) of the statutes is amended to read:
23.33
(1)
(j) "Owner" means a person who has lawful possession of an
all-terrain vehicle
or utility terrain vehicle
by virtue of legal title or equitable interest in the
all-terrain
vehicle which entitles the person to possession of the
all-terrain
vehicle.
Section
17
.
23.33 (1) (jn) of the statutes is amended to read:
23.33
(1)
(jn) "Registration documentation" means an all-terrain vehicle
or utility terrain vehicle
registration certificate, a validated registration receipt, or a registration decal.
Section
18
.
23.33 (1) (n) of the statutes is amended to read:
23.33
(1)
(n) "Used exclusively on private property" means use of an all-terrain
vehicle
or utility terrain vehicle
by the owner of the
all-terrain
vehicle or a member of his or her immediate family only on land owned or leased by the
all-terrain
vehicle owner or a member of his or her immediate family.
Section
19
.
23.33 (1) (nc) of the statutes is created to read:
23.33
(1)
(nc) "Utility terrain vehicle dealer" means a person engaged in the sale of utility terrain vehicles for a profit at wholesale or retail.
Section
20
.
23.33 (1) (nd) of the statutes is created to read:
23.33
(1)
(nd) "Utility terrain vehicle distributor" means a person who sells or distributes utility terrain vehicles to utility terrain vehicle dealers or who maintains distributor representatives.
Section
21
.
23.33 (1) (ng) 2. of the statutes is created to read:
23.33
(1)
(ng) 2. A motor driven device that has a net weight of more than 900 pounds, that is originally manufactured with a width of 50 inches or less, that is equipped with a seat designed to be straddled by the operator, and that is designed by the manufacturer to travel on 3 or more low-pressure tires.
Section
22
.
23.33 (1) (nh) of the statutes is created to read:
23.33
(1)
(nh) "Utility terrain vehicle manufacturer" means a person engaged in the manufacture of utility terrain vehicles for sale to the public.
Section
23
.
23.33 (1) (np) of the statutes is created to read:
23.33
(1)
(np) "Utility terrain vehicle renter" means a person engaged in the rental or leasing of utility terrain vehicles to the public.
Section
24
.
23.33 (1) (o) of the statutes is amended to read:
23.33
(1)
(o) "Validated registration 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
has
have
been submitted to the department
or an agent appointed under sub. (2) (i) 3
.
Section
25
.
23.33 (1m) of the statutes is created to read:
23.33
(1m)
Utility terrain vehicle program.
(a) In this subsection:
1. "Municipality" means a city, village, or town.
2. "Public all-terrain vehicle corridor" has the meaning given in sub. (2j) (a).
(b) The department or a federal agency, county, or municipality may designate any of the following located within their respective jurisdictions:
1. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors that may be used by operators of utility terrain vehicles.
2. All-terrain vehicle routes, all-terrain vehicle trails, and public all-terrain vehicle corridors upon which utility terrain vehicle use is prohibited.
(c) No person may operate a utility terrain vehicle on an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor unless it is designated as an all-terrain vehicle route, all-terrain vehicle trail, or public all-terrain vehicle corridor that may be used by operators of utility terrain vehicles as provided under this subsection.
Section
26
.
23.33 (2) (a) of the statutes is amended to read:
23.33
(2)
(a)
Requirement.
No
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
attached in the manner
and containing registration decals
specified under par. (dm) 3.
No
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).
Section
27
.
23.33 (2) (b) (intro.) of the statutes is amended to read:
23.33
(2)
(b)
Exemptions.
(intro.) An all-terrain vehicle
or utility terrain vehicle
is exempt from registration if it is:
Section
28
.
23.33 (2) (b) 1. of the statutes is amended to read:
23.33
(2)
(b) 1. Owned by the United States, another state or a political subdivision thereof, but the exterior of the all-terrain vehicle
or utility terrain vehicle
shall display in a visible manner the name of the owner.
Section
29
.
23.33 (2) (b) 2. of the statutes is repealed.
Section
30
.
23.33 (2) (b) 2m. b. of the statutes is amended to read:
23.33
(2)
(b) 2m. b. The all-terrain vehicle
or utility terrain vehicle
displays the registration decal required by the tribe or band.
Section
31
.
23.33 (2) (b) 2m. c. of the statutes is repealed:
Section
32
.
23.33 (2) (b) 3m. of the statutes is amended to read:
23.33
(2)
(b) 3m. Present in this state, for a period not to exceed 15 days, and if it is used exclusively as part of an advertisement being made for the manufacturer of the all-terrain vehicle
or utility terrain vehicle
.
Section
33
.
23.33 (2) (c) of the statutes is renumbered 23.33 (2) (c) 1 and amended to read:
23.33
(2)
(c) 1. Any all-terrain vehicle
or utility terrain vehicle
may be registered for public use. The fee for the issuance or renewal of a registration certificate for public use
for an all-terrain vehicle or utility terrain vehicle
is $30.
The department shall impose an additional late fee of $5 for the renewal of a registration certificate under this subdivision that is filed after the expiration date of the registration certificate unless the renewal is included with an application to transfer the registration certificate.
Section
34
.
23.33 (2) (c) 2. of the statutes is created to read:
23.33
(2)
(c) 2. A person who is required to register an all-terrain vehicle or utility terrain vehicle for public use shall attach his or her own plate to the rear of the vehicle and shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible. The plate shall be a minimum of 4 inches in height and a minimum of 7 1/2 inches in width. The plate shall be white and shall display, in black lettering, the registration number for the all-terrain vehicle or utility terrain vehicle issued by the department. The registration number shall be displayed so that it is a minimum of 1 1/2 inches in height, with a minimum of a 3/16 inch stroke. The person required to register the all-terrain vehicle or utility terrain vehicle shall maintain the plate so that it is in legible condition.
Section
35
.
23.33 (2) (d) of the statutes is amended to read:
23.33
(2)
(d)
Registration; private use; fee.
An all-terrain vehicle
or utility terrain vehicle
used exclusively for agricultural purposes or used exclusively on private property may be registered for private use. The fee for the issuance of a registration certificate for private use is $15.
A person who registers an all-terrain vehicle or utility terrain vehicle for private use shall affix a registration decal, furnished by the department, to each side of the vehicle in a place that is forward of the operator of the vehicle and that is in a place that is clearly visible.
Section
36
.
23.33 (2) (dm) 1. of the statutes is amended to read:
23.33
(2)
(dm) 1. Every person who is an all-terrain vehicle
or utility terrain vehicle
manufacturer, all-terrain vehicle
or utility terrain vehicle
dealer, all-terrain vehicle
or utility terrain vehicle
distributor
,
or all-terrain vehicle
or utility terrain vehicle
renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial all-terrain vehicle
and utility terrain vehicle
certificate.
Section
37
.
23.33 (2) (dm) 2. of the statutes is amended to read:
23.33
(2)
(dm) 2. The fee for the issuance or renewal of a commercial all-terrain
vehicle
and utility terrain vehicle
certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial all-terrain vehicle
and utility terrain vehicle
certificate and 3
reflectorized plates
registration decals
. The fee for additional
reflectorized plates
registration decals
is $30 per
plate
decal
.
Section
38
.
23.33 (2) (dm) 3. of the statutes is amended to read:
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 shall be affixed to the plate or sign specified under this subdivision.
Section
39
.
23.33 (2) (dm) 4. of the statutes is amended to read:
23.33
(2)
(dm) 4. Paragraphs (i), (ig), and (ir) do not apply to commercial all-terrain vehicle
and utility terrain vehicle
certificates or
reflectorized plates
registration decals
.
Section
40
.
23.33 (2) (e) of the statutes is amended to read:
23.33
(2)
(e)
Other fees.
The fee for the transfer of an all-terrain vehicle
and utility terrain vehicle
registration certificate is $5. The fee for the issuance of a duplicate all-terrain vehicle
or utility terrain vehicle
registration certificate, duplicate commercial all-terrain vehicle
and utility terrain vehicle
certificate or duplicate registration decals is $5. The fee for the issuance of registration decals to a county or municipality is $5. There is no fee for the issuance of registration decals to the state.
Section
41
.
23.33 (2) (f) 1. of the statutes is renumbered 23.33 (2) (f) and amended to read:
23.33
(2)
(f)
Except as provided under subd. 2., an all-terrain vehicle
A
public-use registration certificate
for an all-terrain vehicle or utility terrain vehicle
is valid
for a 2-year period
beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal
.
Section
42
.
23.33 (2) (f) 2. of the statutes is repealed.
Section
43
.
23.33 (2) (g) of the statutes is amended to read:
23.33
(2)
(g)
Effective period; private use.
An all-terrain vehicle
or utility terrain vehicle
private-use registration certificate is valid from the date of issuance until ownership of the all-terrain vehicle
or utility terrain vehicle
is transferred.
Section
44
.
23.33 (2) (gm) 1. of the statutes is renumbered 23.33 (2) (gm) and amended to read:
23.33
(2)
(gm)
Except as provided under subd. 2., a
A
commercial all-terrain vehicle
and utility terrain vehicle
certificate is valid
for a 2-year period
beginning on April 1 or the date of issuance or renewal and ending March 31 of the 2nd year following the date of issuance or renewal
.
Section
45
.
23.33 (2) (gm) 2. of the statutes is repealed.
Section
46
.
23.33 (2) (ig) 2. of the statutes is amended to read:
23.33
(2)
(ig) 2. Under either procedure under subd. 1., the applicant shall receive any remaining items of registration documentation directly from the department at a later date. The items of registration documentation issued at the time of the submittal of the application under either procedure shall be sufficient to allow the
all-terrain
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.
Section
47
.
23.33 (2) (ir) 1. of the statutes is amended to read:
23.33
(2)
(ir) 1. 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 in person and issues a validated registration receipt under par. (ig) 1. a.
shall collect a service fee of $3 each time the agent issues
a validated registration
the
receipt
under par. (ig) 1. a
. The agent shall retain the entire amount of each service fee the agent collects.
Section
48
.
23.33 (2) (o) of the statutes is amended to read:
23.33
(2)
(o)
Receipt of
all-terrain vehicle
fees.
All fees remitted to or collected by the department under par. (ir)
for services provided regarding all-terrain vehicles
shall be credited to the appropriation account under s. 20.370 (9) (hu).
Section
49
.
23.33 (2) (om) of the statutes is created to read:
23.33
(2)
(om)
Receipt of utility terrain vehicle fees.
All fees remitted to or collected by the department under par. (ir) for services provided regarding utility terrain vehicles shall be credited to the appropriation account under s. 20.370 (9) (hw).
Section
50
.
23.33 (2) (p) 2. of the statutes is amended to read:
23.33
(2)
(p) 2. The department may establish by rule additional procedures and requirements for all-terrain vehicle
or utility terrain vehicle
registration.
Section
51
.
23.33 (2g) (a) of the statutes is amended to read:
23.33
(2g)
(a)
Authorization for issuance.
The Lac du Flambeau band may issue registration certificates for public use or private use for all-terrain vehicles
or utility terrain vehicles
that are equivalent to the registration certificates for public use or private use that are issued by the department. The Lac du Flambeau band may renew and transfer a registration certificate that it or the department has issued. The Lac du Flambeau band may issue duplicates of only those registration certificates that it issues under this subsection.
Section
52
.
23.33 (2g) (b) 3. of the statutes is amended to read:
23.33
(2g)
(b) 3. For a registration certificate issued, transferred or renewed under this subsection, the effective period shall be the same as it would be for the equivalent registration certificate under sub. (2) (f)
1.
or (g)
or under a rule promulgated under sub. (2) (f) 2
.
Section
53
.
23.33 (2g) (c) 2. of the statutes is amended to read:
23.33
(2g)
(c) 2. The Lac du Flambeau band shall use registration decals that are substantially similar to those under sub. (2) with regard to color, size, legibility, information content and placement on the all-terrain vehicle
or utility terrain vehicle
.
Section
54
.
23.33 (2g) (e) 4. of the statutes is amended to read:
23.33
(2g)
(e) 4. The Lac du Flambeau band shall collect the sales and use taxes due under s. 77.61 (1) on any all-terrain vehicle
or utility terrain vehicle
registered under this subsection and make the report in respect to those taxes. On or before the 15th day of each month, the Lac du Flambeau band shall pay to the department of revenue all taxes that the Lac du Flambeau band collected in the previous month.
Section
55
.
23.33 (2g) (f) 2. of the statutes is amended to read:
23.33
(2g)
(f) 2. A requirement that the fees collected by the Lac du Flambeau band under par. (b) be used only for a program for registering all-terrain vehicles
or utility terrain vehicles
, for regulating all-terrain vehicles
or utility terrain vehicles
and their operation and for providing all-terrain vehicle trails and all-terrain vehicle
and utility terrain vehicle
facilities.
Section
56
.
23.33 (2j) (b) of the statutes is amended to read:
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
displayed
permanently affixed in a highly visible location
on the
all-terrain
forward half of the
vehicle.
Section
57
.
23.33 (2j) (c) of the statutes is renumbered 23.33 (2j) (c) 1. and amended to read:
23.33
(2j)
(c) 1. The fee for
a
an annual
nonresident trail pass issued
for an all-terrain vehicle that is exempt from registration under sub. (2) (b) 2.
under this section
is $34.25.
A
An annual
nonresident trail pass
issued for such an all-terrain vehicle
may be issued only by the department and persons appointed by the department and expires on
June 30
March 31
of each year.
Section
58
.
23.33 (2j) (c) 2. of the statutes is created to read:
23.33
(2j)
(c) 2. The fee for a 5-day nonresident trail pass issued under this section is $19.25. A 5-day nonresident trail pass may be issued only by the department and persons appointed by the department.
Section
59
.
23.33 (2j) (d) of the statutes is amended to read:
23.33
(2j)
(d) There is no fee for a nonresident trail pass issued for an all-terrain vehicle
or utility terrain vehicle
that is registered under sub. (2g) or s. 23.35. The department or Indian tribe or band shall issue a nonresident trail pass for such an all-terrain vehicle
or utility terrain vehicle
when it issues the registration certificate for the
all-terrain
vehicle. The department shall provide Indian tribes or bands that register all-terrain vehicles
or utility terrain vehicles
under sub. (2g) or s. 23.35 with a supply of trail passes.
Section
60
.
23.33 (2j) (e) of the statutes is amended to read:
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 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 displayed as required under par. (b) or may promulgate a rule to exempt owners of such
all-terrain
vehicles from having to pay any applicable nonresident trail pass fee.
Section
61
.
23.33 (2k) of the statutes is created to read:
23.33
(2k)
Weekend exemption.
A person may operate an all-terrain vehicle or utility terrain vehicle in this state during the first full weekend in June of each year without registering the all-terrain vehicle or utility terrain vehicle under sub. (2) and without having been issued or displaying a nonresident trail pass under sub. (2j).
Section
62
.
23.33 (2m) (title) of the statutes is amended to read:
23.33
(2m)
(title)
Rental of all-terrain vehicles
and utility terrain vehicles
.
Section
63
.
23.33 (2m) (a) (intro.) of the statutes is amended to read:
23.33
(2m)
(a) (intro.) No person who is engaged in the rental or leasing of all-terrain vehicles
or utility terrain vehicles
to the public may do any of the following:
Section
64
.
23.33 (2m) (a) 1. of the statutes is amended to read:
23.33
(2m)
(a) 1. Rent or lease an all-terrain vehicle
or utility terrain vehicle
for operation by a person who will be operating
an all-terrain
the
vehicle for the first time unless the person engaged in the rental or leasing gives the person instruction on how to operate
an all-terrain
the
vehicle.
Section
65
.
23.33 (2m) (a) 2. of the statutes is amended to read:
23.33
(2m)
(a) 2. Rent or lease an all-terrain vehicle
or utility terrain vehicle
to a person under 16 years of age.
Section
66
.
23.33 (2m) (a) 3. of the statutes is amended to read:
23.33
(2m)
(a) 3. Rent or lease an all-terrain vehicle
or utility terrain vehicle
without first ascertaining that any person under the age of 18 who will be on the
all-terrain
vehicle has protective headgear of the type required under s. 347.485 (1) (a).
Section
67
.
23.33 (2m) (b) of the statutes is amended to read:
23.33
(2m)
(b) A person who is engaged in the rental or leasing of all-terrain vehicles
or utility terrain vehicles
to the public shall have clean, usable protective headgear available for rent in sufficient quantity to provide headgear to all persons under the age of 18 who will be on all-terrain vehicles
or utility terrain vehicles
that the person rents or leases.
Section
68
.
23.33 (3) (intro.) of the statutes is amended to read:
23.33
(3)
Rules of operation.
(intro.) No person may operate an all-terrain vehicle
or utility terrain vehicle
:
Section
69
.
23.33 (3) (c) of the statutes is amended to read:
23.33
(3)
(c) On the private property of another without the consent of the owner or lessee. Failure to post private property does not imply consent for all-terrain vehicle
or utility terrain vehicle
use.
Section
70
.
23.33 (3) (cm) of the statutes is amended to read:
23.33
(3)
(cm) On public property that is posted as closed to all-terrain vehicle
or utility terrain vehicle
operation or on which the operation of an all-terrain vehicle
or utility terrain vehicle
is prohibited by law.
Section
71
.
23.33 (3) (d) of the statutes is amended to read:
23.33
(3)
(d) On Indian lands without the consent of the tribal governing body or Indian owner. Failure to post Indian lands does not imply consent for all-terrain vehicle
or utility terrain vehicle
use.
Section
72
.
23.33 (3) (em) of the statutes is created to read:
23.33
(3)
(em) With a passenger riding in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
Section
73
.
23.33 (3) (h) of the statutes is amended to read:
23.33
(3)
(h) On the frozen surface of public waters within 100 feet of a person not in or on an all-terrain vehicle
, utility terrain vehicle,
or motor vehicle or within 100 feet of a fishing shanty at a speed exceeding 10 miles per hour.
23.33
(3c)
(a) No person may operate an all-terrain vehicle
or utility terrain vehicle
with any firearm in his or her possession unless the firearm is unloaded or is a handgun, as defined in s. 175.60 (1) (bm).
23.33
(3c)
(b) Paragraph (a) does not apply to a firearm that is placed or possessed on an all-terrain vehicle
or utility terrain vehicle
that is stationary, as defined in s. 167.31 (1) (fg).
Section
74
.
23.33 (3g) (intro.) of the statutes is amended to read:
23.33
(3g)
Use of headgear.
(intro.) No person may operate or be a passenger on an all-terrain vehicle
or utility terrain vehicle
without wearing protective headgear of the type required under s. 347.485 (1) (a) and with the chin strap properly fastened, unless one of the following applies:
Section
75
.
23.33 (3g) (c) of the statutes is amended to read:
23.33
(3g)
(c) The all-terrain vehicle
or utility terrain vehicle
is being operated for an agricultural purpose.
Section
76
.
23.33 (3g) (d) of the statutes is amended to read:
23.33
(3g)
(d) The all-terrain vehicle
or utility terrain vehicle
is being operated by a person on land under the management and control of the person's immediate family.
Section
77
.
23.33 (4) (a) of the statutes is amended to read:
23.33
(4)
(a)
Freeways.
No person may operate an all-terrain vehicle
or utility terrain vehicle
upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate an all-terrain vehicle
or utility terrain vehicle
upon any part of any other freeway unless the department of transportation authorizes
all-terrain
the use of that
vehicle
use
on that freeway. No person may operate an all-terrain vehicle
or utility terrain vehicle
with a snow removal device attached upon any part of any freeway under any circumstances.
Section
78
.
23.33 (4) (b) of the statutes is amended to read:
23.33
(4)
(b)
Other highways; operation restricted.
No person may operate an all-terrain vehicle
or utility terrain vehicle
on a highway except as authorized under pars. (d), (e), and (f) and sub. (11) (am) 2. or as authorized by rules promulgated by the department and approved by the department of transportation.
Section
79
.
23.33 (4) (c) 1. of the statutes is amended to read:
23.33
(4)
(c) 1. Paragraphs (a) and (b) do not apply to the operator of an all-terrain vehicle
or utility terrain vehicle
owned by a municipality, state agency, or public utility, or by the Great Lakes Indian Fish and Wildlife Commission, while the operator is engaged in an emergency or in the operation of an all-terrain vehicle
or utility terrain vehicle
directly related to the functions of the municipality, state agency, or public utility, or of the Great Lakes Indian Fish and Wildlife Commission, if safety does not require strict adherence to these restrictions.
Section
80
.
23.33 (4) (c) 1m. of the statutes is amended to read:
23.33
(4)
(c) 1m. Paragraphs (a) and (b) do not apply to the operator of an
all-terrain vehicle
or utility terrain vehicle
who is engaged in land surveying operations, if safety does not require strict adherence to the restrictions under pars. (a) and (b).
Section
81
.
23.33 (4) (c) 2. of the statutes is amended to read:
23.33
(4)
(c) 2. Paragraph (b) does not apply to a highway blocked off for special all-terrain vehicle
or utility terrain vehicle
events. A county, town, city or village may block off highways under its jurisdiction for the purpose of allowing special all-terrain vehicle
or utility terrain vehicle
events. No state trunk highway or connecting highway, or part thereof, may be blocked off by any county, town, city or village for any all-terrain vehicle
or utility terrain vehicle
race or derby. A county, town, city or village shall notify the local police department and the county sheriff's office at least one week in advance of the time and place of any all-terrain vehicle
or utility terrain vehicle
race or derby which may result in any street, or part thereof, of the county, town, city or village being blocked off.
Section
82
.
23.33 (4) (d) (intro.) of the statutes is amended to read:
23.33
(4)
(d)
Operation on roadway.
(intro.) A person may operate an
all-terrain vehicle
or utility terrain vehicle
on the roadway portion of any highway only in the following situations:
Section
83
.
23.33 (4) (d) 1. of the statutes is amended to read:
23.33
(4)
(d) 1. To cross a roadway. The crossing of a roadway is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the all-terrain vehicle
or utility terrain vehicle
prior to the crossing and yields the right-of-way to other vehicles, pedestrians, and electric personal assistive mobility devices using the roadway.
Section
84
.
23.33 (4) (d) 2. of the statutes is amended to read:
23.33
(4)
(d) 2. On any roadway which is seasonally not maintained for motor vehicle traffic. Operation of an all-terrain vehicle
or utility terrain vehicle
on this type of roadway is authorized only during the seasons when no maintenance occurs and only if the roadway is not officially closed to all-terrain vehicle
or utility terrain vehicle
traffic.
Section
85
.
23.33 (4) (d) 3. of the statutes is amended to read:
23.33
(4)
(d) 3. To cross a bridge, culvert, or railroad right-of-way. The crossing of a bridge, culvert, or railroad right-of-way is not authorized if the roadway is officially closed to all-terrain vehicle
or utility terrain vehicle
traffic. The crossing is authorized only if the crossing is done in the most direct manner practicable, if the crossing is made at a place where no obstruction prevents a quick and safe crossing, and if the operator stops the
all-terrain
vehicle prior to the crossing, pedestrians, and electric personal assistive mobility devices using the roadway.
Section
86
.
23.33 (4) (d) 4. of the statutes is amended to read:
23.33
(4)
(d) 4. On roadways which are designated as all-terrain vehicle routes. Operation of all-terrain vehicles
and utility terrain vehicles
on a roadway which is an all-terrain vehicle route is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
Section
87
.
23.33 (4) (d) 5. of the statutes is amended to read:
23.33
(4)
(d) 5. On roadways if the all-terrain vehicle
or utility terrain vehicle
is an implement of husbandry, if the all-terrain vehicle
or utility terrain vehicle
is used exclusively for agricultural purposes and if the all-terrain vehicle
or utility terrain vehicle
is registered for private use under sub. (2) (d) or (2g). Operation of an all-terrain vehicle
or utility terrain vehicle
which is an implement of husbandry on a roadway is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway which is safe given prevailing conditions.
Section
88
.
23.33 (4) (d) 6. of the statutes is amended to read:
23.33
(4)
(d) 6. On roadways if the operator of the all-terrain vehicle
or utility terrain vehicle
is a person who holds a Class A permit or a Class B permit under s. 29.193 (2) and who is traveling for the purposes of hunting or is otherwise engaging in an activity authorized by the permit.
Section
89
.
23.33 (4) (e) (intro.) of the statutes is amended to read:
23.33
(4)
(e)
Operation adjacent to roadway.
(intro.) A person may operate an
all-terrain vehicle
or utility terrain vehicle
adjacent to a roadway on an all-terrain vehicle route or trail if the person operates the all-terrain vehicle
or utility terrain vehicle
in the following manner:
Section
90
.
23.33 (4) (e) 3. of the statutes is renumbered 23.33 (4) (e) 3. (intro.) and amended to read:
23.33
(4)
(e) 3. (intro.) During hours of darkness in the same direction as motor vehicle traffic in the nearest lane
, although during daylight hours travel may be in either direction regardless of the flow of motor vehicle traffic.
unless all of the following apply:
Section
91
.
23.33 (4) (e) 3. a. of the statutes is created to read:
23.33
(4)
(e) 3. a. The all-terrain vehicle route or trail is located at least 40 feet from the roadway or is separated from the roadway by a head lamp barrier.
Section
92
.
23.33 (4) (e) 3. b. of the statutes is created to read:
23.33
(4)
(e) 3. b. The use of the all-terrain vehicle route or trail is approved by the department of transportation with respect to all-terrain vehicle routes or trails located near or crossing state trunk highways or by the officer in charge of maintenance with respect to all-terrain vehicle routes or trails located near or crossing other highways.
Section
93
.
23.33 (4) (e) 3m. of the statutes is created to read:
23.33
(4)
(e) 3m. During daylight hours, travel may be in either direction regardless of the flow of motor vehicle traffic.
Section
94
.
23.33 (4) (f) of the statutes is amended to read:
23.33
(4)
(f)
Operation with snow removal device attached.
Except as prohibited under par. (a), and subject to ordinances enacted under sub. (11) (am) 2., a person may operate an all-terrain vehicle
or utility terrain vehicle
with a snow removal device attached on a roadway or adjacent to a roadway or on a public sidewalk during the period beginning on October 1 and ending on April 30 of each year for the purpose of removing snow if such operation is necessary to travel to or from a site where the snow removal device will be used. The travel necessary to or from the site may not exceed 2 miles. Operation of such an all-terrain vehicle
or utility terrain vehicle
on a roadway or adjacent to a roadway is authorized only if the applicable roadway speed limit is 45 miles per hour or less. Operation on a roadway of such an all-terrain vehicle
or utility terrain vehicle
is authorized only for the extreme right side of the roadway except that left turns may be made from any part of the roadway where it is safe to do so given prevailing conditions. Operation adjacent to a roadway of such an all-terrain vehicle
or utility terrain vehicle
shall comply with the applicable speed limit and with par. (e) 1., 2., 3.,
3m.,
and 5.
Section
95
.
23.33 (4c) (title) of the statutes is amended to read:
23.33
(4c)
(title)
Intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
.
Section
96
.
23.33 (4c) (a) 1. of the statutes is amended to read:
23.33
(4c)
(a) 1. `Operating while under the influence of an intoxicant.' No person may operate an all-terrain vehicle
or utility terrain vehicle
while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle
or utility terrain vehicle
.
Section
97
.
23.33 (4c) (a) 2. of the statutes is amended to read:
23.33
(4c)
(a) 2. `Operating with alcohol concentrations at or above specified levels.' No person may engage in the operation of an all-terrain vehicle
or utility terrain vehicle
while the person has an alcohol concentration of 0.08 or more.
Section
98
.
23.33 (4c) (a) 2m. of the statutes is amended to read:
23.33
(4c)
(a) 2m. `Operating with a restricted controlled substance.' No person may engage in the operation of an all-terrain vehicle
or utility terrain vehicle
while the person has a detectable amount of a restricted controlled substance in his or her blood.
Section
99
.
23.33 (4c) (a) 3. of the statutes is amended to read:
23.33
(4c)
(a) 3. `Operating with alcohol concentrations at specified levels; below age
19
21
.' If a person has not attained the age of
19
21
, the person may not engage in the operation of an all-terrain vehicle
or utility terrain vehicle
while he or she has an alcohol concentration of more than 0.0 but not more than 0.08.
Section
100
.
23.33 (4c) (b) 1. of the statutes is amended to read:
23.33
(4c)
(b) 1. ` Causing injury while under the influence of an intoxicant.' No person while under the influence of an intoxicant to a degree which renders him or her incapable of safe operation of an all-terrain vehicle
or utility terrain vehicle
may cause injury to another person by the operation of an all-terrain vehicle
or utility terrain vehicle
.
Section
101
.
23.33 (4c) (b) 2. of the statutes is amended to read:
23.33
(4c)
(b) 2. `Causing injury with alcohol concentrations at or above specified levels.' No person who has an alcohol concentration of 0.08 or more may cause injury to another person by the operation of an all-terrain vehicle
or utility terrain vehicle
.
Section
102
.
23.33 (4c) (b) 2m. of the statutes is amended to read:
23.33
(4c)
(b) 2m. `Causing injury while operating with a restricted controlled substance.' No person who has a detectable amount of a restricted controlled substance in his or her blood may cause injury to another person by the operation of an all-terrain vehicle
or utility terrain vehicle
.
Section
103
.
23.33 (4g) (a) of the statutes is amended to read:
23.33
(4g)
(a)
Requirement.
A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating or has violated the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.
Section
104
.
23.33 (4g) (b) of the statutes is amended to read:
23.33
(4g)
(b)
Use of test results.
A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law or for the purpose of deciding whether or not to request a chemical test under sub. (4p). Following the preliminary breath screening test, chemical tests may be required of the person under sub. (4p).
Section
105
.
23.33 (4j) of the statutes is amended to read:
23.33
(4j)
Applicability of the intoxicated operation of an all-terrain
vehicle
or utility terrain vehicle
law.
In addition to being applicable upon highways, the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law is applicable upon all premises held out to the public for use of their all-terrain vehicles
or utility terrain vehicles
, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof.
Section
106
.
23.33 (4L) of the statutes is amended to read:
23.33
(4L)
Implied consent.
Any person who engages in the operation of an all-terrain vehicle
or utility terrain vehicle
upon the public highways of this state, or in those areas enumerated in sub. (4j), is deemed to have given consent to provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis as required under sub. (4p). Any person who engages in the operation of an all-terrain vehicle
or utility terrain vehicle
within this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis as required under sub. (4p).
Section
107
.
23.33 (4p) (a) 1. of the statutes is amended to read:
23.33
(4p)
(a) 1. `Samples; submission to tests.' A person shall provide one or more samples of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law and if he or she is requested to submit to the test by a law enforcement officer.
Section
108
.
23.33 (4p) (a) 3. of the statutes is amended to read:
23.33
(4p)
(a) 3. `Unconscious person.' A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law, one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.
Section
109
.
23.33 (4p) (b) 4. of the statutes is amended to read:
23.33
(4p)
(b) 4. `Validity; procedure.' A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health services and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this subsection. Blood may be withdrawn from a person arrested for a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53
Section
110
.
23.33 (4p) (c) 1. of the statutes is amended to read:
23.33
(4p)
(c) 1. `Additional chemical test.' If a person is arrested for a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law or is the operator of an all-terrain vehicle
or utility terrain vehicle
involved in an accident resulting in great bodily harm to or the death of someone and if the person is requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer the additional chemical test specified under par. (b) 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis.
Section
111
.
23.33 (4p) (c) 2. of the statutes is amended to read:
23.33
(4p)
(c) 2. `Optional test.' If a person is arrested for a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law and if the person is not requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under par. (b) 2. or the additional chemical test under par. (b) 3.
Section
112
.
23.33 (4p) (d) of the statutes is amended to read:
23.33
(4p)
(d)
Admissibility; effect of test results; other evidence.
The results of a chemical test required or administered under par. (a), (b) or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels or a detectable amount of a restricted controlled substance in his or her blood. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.
Section
113
.
23.33 (4p) (e) 1. of the statutes is amended to read:
23.33
(4p)
(e) 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law.
Section
114
.
23.33 (4p) (e) 2. of the statutes is amended to read:
23.33
(4p)
(e) 2. Whether the person was lawfully placed under arrest for violating the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law.
Section
115
.
23.33 (4t) of the statutes is amended to read:
23.33
(4t)
Report arrest to department.
If a law enforcement officer arrests a person for a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.
Section
116
.
23.33 (4x) (title) of the statutes is amended to read:
23.33
(4x)
(title)
Officer's action after arrest for operating an all-terrain vehicle
or utility terrain vehicle
while under influence of intoxicant.
Section
117
.
23.33 (4z) (a) 1. of the statutes is amended to read:
23.33
(4z)
(a) 1. Inform all-terrain vehicle
and utility terrain vehicle
operators of the prohibitions and penalties included in the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law.
Section
118
.
23.33 (4z) (a) 2. of the statutes is amended to read:
23.33
(4z)
(a) 2. Provide for the development of signs briefly explaining the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law.
Section
119
.
23.33 (4z) (b) of the statutes is amended to read:
23.33
(4z)
(b) The department shall develop and issue an educational pamphlet on the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law to be distributed, beginning in 1989, to persons issued all-terrain vehicle
or utility terrain vehicle
registration certificates under subs. (2) and (2g).
Section
120
.
23.33 (5) (a) (title) of the statutes is amended to read:
23.33
(5)
(a) (title)
Age
All-terrain vehicles; age
restriction.
Section
121
.
23.33 (5) (am) of the statutes is created to read:
23.33
(5)
(am)
Utility terrain vehicles; age restriction.
1. Except as provided in subd. 2., no person may operate, rent, or lease a utility terrain vehicle unless he or she is at least 16 years of age.
2. A person who is under 16 years of age may operate a utility terrain vehicle if the person operates the utility terrain vehicle for an agricultural purpose and he or she is under the supervision of a person over 18 years of age. For purposes of this subdivision, supervision does not require that the person under 16 years of age be subject to continuous direction or by the person over 18 years of age.
Section
122
.
23.33 (5) (b) of the statutes is amended to read:
23.33
(5)
(b)
All-terrain vehicle safety
Safety
certificate.
1. No person who is at least 12 years of age and who is born on or after January 1, 1988, may operate an all-terrain vehicle unless he or she holds a valid safety certificate
issued by the department, another state, or a province of Canada
.
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
and shall display the certificate 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.
Section
123
.
23.33 (5) (b) 1m. of the statutes is created to read:
23.33
(5)
(b) 1m. No person who is at least 16 years of age and who is born on or after January 1, 1988, may operate a utility terrain vehicle unless he or she holds a valid safety certificate issued by the department, another state, or a province of Canada.
Section
124
.
23.33 (5) (c) of the statutes is amended to read:
23.33
(5)
(c)
Exceptions.
Paragraphs (a) and (b) do not apply to a person who operates an all-terrain vehicle
or utility terrain vehicle
exclusively on land under the management and control of the person's immediate family.
Paragraphs (a) and (b) do not apply to a person at least 12 years of age but under 16 years of age who holds a valid certificate issued by another state or a province of Canada.
Section
125
.
23.33 (5) (d) of the statutes is amended to read:
23.33
(5)
(d)
Safety certification program established.
The department shall establish or supervise the establishment of a program of instruction on all-terrain vehicle
and utility terrain vehicle
laws, including the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law, regulations, safety and related subjects. The department shall establish by rule an instruction fee for this program. The department shall issue certificates to persons successfully completing the program. An instructor conducting the program of instruction under this paragraph shall collect the fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.
Section
126
.
23.33 (6) (a), (b), (c), (d), (e) and (h) of the statutes are amended to read:
23.33
(6)
(a) A person who operates an all-terrain vehicle
or utility terrain vehicle
during hours of darkness or during daylight hours on any highway right-of-way is required to display a lighted headlamp and tail lamp on the all-terrain vehicle
or utility terrain vehicle
.
(b) The headlamp on an all-terrain vehicle
or utility terrain vehicle
is required to display a white light of sufficient illuminating power to reveal any person, vehicle or substantial object at a distance of at least 200 feet ahead of the all-terrain vehicle
or utility terrain vehicle
.
(c) The tail lamp on an all-terrain vehicle
or utility terrain vehicle
is required to display a red light plainly visible during hours of darkness from a distance of 500 feet to the rear.
(d) Every all-terrain vehicle
and utility terrain vehicle
is required to be equipped with at least one brake operated either by hand or by foot.
(e) Every all-terrain vehicle
and utility terrain vehicle
is required to be equipped with a functioning muffler to prevent excessive or unusual noise and with a functioning spark arrester of a type approved by the U.S. forest service.
This paragraph does not apply to an all-terrain vehicle or utility terrain vehicle that is operated exclusively by means of an electric motor.
(h) A person who operates an all-terrain vehicle
or utility terrain vehicle
with a snow removal device attached as authorized under s. 23.33 (4) (f) is required to display at least one or more flashing or rotating amber or yellow lights, and at least one of these lights shall be visible from every direction.
Section
127
.
23.33 (6) (i) of the statutes is created to read:
23.33
(6)
(i) No person may operate a utility terrain vehicle unless each passenger is wearing a safety belt installed by the manufacturer and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.
Section
128
.
23.33 (6m) of the statutes is amended to read:
23.33
(6m)
Noise limits.
No person may manufacture, sell, rent or operate an all-terrain vehicle
or utility terrain vehicle
that is constructed in such a manner that noise emitted from the
all-terrain
vehicle exceeds 96 decibels on the A scale as measured in the manner prescribed under rules promulgated by the department.
Section
129
.
23.33 (6r) of the statutes is created to read:
23.33
(6r)
Passenger restrictions.
No person may ride in or on any part of a utility terrain vehicle that is not designed or intended to be used by passengers.
Section
130
.
23.33 (7) of the statutes is amended to read:
23.33
(7)
Accidents.
(a) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain vehicle
and utility terrain vehicle
involved in the accident shall give notice of the accident to a conservation warden or local law enforcement officer as soon as possible and shall file a written report of the accident with the department on the form provided by it within 10 days after the accident.
(b) If the operator of an all-terrain vehicle
or utility terrain vehicle
is physically incapable of making the report required by this subsection and there was another witness to the accident capable of making the report, the witness may make the report.
Section
131
.
23.33 (8) (d) of the statutes is amended to read:
23.33
(8)
(d)
Restrictions.
The designating authority may specify effective periods for the use of all-terrain vehicle routes and trails and may restrict or prohibit the operation of an all-terrain vehicle
or utility terrain vehicle
during certain periods of the year.
Section
132
.
23.33 (8) (e) of the statutes is amended to read:
23.33
(8)
(e)
Signs.
The department, in cooperation with the department of transportation, shall establish uniform all-terrain vehicle route and trail signs and standards
and uniform signs and standards for the operation of utility terrain vehicles on all-terrain vehicle routes and trails
. The standards may not require that any additional signs be placed on all-terrain vehicle routes concerning the operation of all-terrain vehicles
or utility terrain vehicles
with snow removal devices attached.
Section
133
.
23.33 (8) (f) 1. of the statutes is amended to read:
23.33
(8)
(f)
Interference with signs and standards prohibited.
1. No person may intentionally remove, damage, deface, move
or
,
obstruct
, or interfere with the effective operation of
any uniform all-terrain vehicle route or trail sign or standard
or intentionally interfere with the effective operation of any uniform all-terrain vehicle route or trail sign or standards
or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail
if the sign or standard is legally placed by the state, any municipality or any authorized individual.
Section
134
.
23.33 (8) (f) 2. of the statutes is amended to read:
23.33
(8)
(f) 2. No person may possess any uniform all-terrain vehicle route or trail sign or standard
, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail,
of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform
all-terrain vehicle route or trail
sign or standard in a lawful manner. Possession of a uniform all-terrain vehicle route or trail sign or standard
or uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail
creates a rebuttable presumption of illegal possession.
Section
135
.
23.33 (9) (a) of the statutes is amended to read:
23.33
(9)
(a)
Enforcement.
The department may utilize moneys received under sub. (2) for all-terrain vehicle
and utility terrain vehicle
registration aids administration and for the purposes specified under s. 20.370 (3) (as) and (5) (er) including costs associated with enforcement, safety education, accident reports and analysis, law enforcement aids to counties, and other similar costs in administering and enforcing this section.
Section
136
.
23.33 (9) (bg) of the statutes is created to read:
23.33
(9)
(bg)
Projects for utility terrain vehicles.
A project to improve or maintain all-terrain vehicle trails for use by utility terrain vehicles is eligible for funding as a state utility terrain vehicle project from the appropriation account under s. 20.370 (1) (mr) or for aid as a nonstate utility vehicle project from the appropriation accounts under s. 20.370 (5) (eu) and (gr). The maximum amount allowed for aid under this paragraph is $100 per mile for all-terrain vehicle trails that are maintained not less than 3 months per year including the months of June, July, and August. If the requests for aid for projects under this paragraph exceed the funds available, the department shall distribute available funds to qualified applicants on a proportional basis.
Section
137
.
23.33 (11) (a) of the statutes is amended to read:
23.33
(11)
(a) Counties, towns, cities and villages may enact ordinances regulating all-terrain vehicles
and utility terrain vehicles
on all-terrain vehicle trails maintained by or on all-terrain vehicle routes designated by the county, city, town or village.
Section
138
.
23.33 (11) (am) 2. of the statutes is amended to read:
23.33
(11)
(am) 2. For a roadway, or for a portion of a roadway, that is located within the territorial boundaries of a city, village, or town, the city, village, or town may enact an ordinance to authorize the operation of all-terrain vehicles
and utility terrain vehicles
with snow removal devices attached on the roadway, or adjacent to the roadway, if the applicable roadway speed limit is greater than 45 miles per hour, and regardless of whether the city, village, or town has jurisdiction over the roadway.
Section
139
.
23.33 (11) (b) of the statutes is amended to read:
23.33
(11)
(b) If a county, town, city
,
or village adopts an ordinance regulating all-terrain vehicles,
utility terrain vehicles, or both,
its clerk shall immediately send a copy of the ordinance to the department and to the office of any law enforcement agency of the municipality or county having jurisdiction over any highway designated as an all-terrain vehicle route.
Section
140
.
23.33 (11p) (title) of the statutes is repealed.
Section
141
.
23.33 (11p) (a) (intro.) of the statutes is repealed.
Section
142
.
23.33 (11p) (a) 1. of the statutes is repealed.
Section
143
.
23.33 (11p) (a) 2. of the statutes is renumbered 23.33 (1) (fm).
Section
144
.
23.33 (11p) (a) 3. of the statutes is renumbered 23.33 (1) (ik) and amended to read:
23.33
(1)
(ik) "Low pressure tire"
means a tire that has a minimum width of 6 inches and that is designed to be inflated with an operating pressure not to exceed 20 pounds per square inch as recommended by the manufacturer
has the meaning given in s. 340.01 (27g)
.
Section
145
.
23.33 (11p) (a) 4. of the statutes is renumbered 23.33 (1) (im) and amended to read:
23.33
(1)
(im) "Low-speed vehicle"
means a low-speed vehicle, as defined in 49 CFR 571.3, that satisfies the equipment standards under 49 CFR 571.500 and that was originally manufactured to meet the applicable equipment standards under 49 CFR 571.500
has the meaning given in s. 340.01 (27h)
.
Section
146
.
23.33 (11p) (a) 5. of the statutes is repealed.
Section
147
.
23.33 (11p) (a) 6. of the statutes is renumbered 23.33 (1) (ng) (intro.) and 23.33 (1) (ng) (intro.) and 1. a. and c., as renumbered, are amended to read:
23.33
(1)
(ng) (intro.) "Utility terrain vehicle" means
a
any of the following:
1. A
motor driven device
, other than
that does not meet federal motor vehicle safety standards in effect on the effective date of this subdivision .... [LRB inserts date], that is not
a golf cart
or
,
low-speed vehicle,
dune buggy, mini-truck, or tracked vehicle,
that is designed to be used primarily off of a highway
,
and that has, and was originally manufactured with, all of the following:
a. A
gross
net
weight of
more than 900 pounds but not more
less
than
1,999
2,000
pounds.
c. A cargo box
or dump box
installed by the manufacturer
.
Section
148
.
23.33 (11p) (b) to (i) of the statutes are repealed.
Section
149
.
23.33 (12) (b) of the statutes is amended to read:
23.33
(12)
(b) No operator of an all-terrain vehicle
or utility terrain vehicle
may refuse to stop after being requested or signaled to do so by a law enforcement officer or a commission warden, as defined in s. 939.22 (5).
Section
150
.
23.33 (13) (b) (title) of the statutes is amended to read:
23.33
(13)
(b) (title)
Penalties related to intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
.
Section
151
.
23.33 (13) (b) 2. of the statutes is amended to read:
23.33
(13)
(b) 2. Except as provided under subd. 3., a person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of an
all-terrain vehicle
or utility terrain vehicle
law or the refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months.
Section
152
.
23.33 (13) (b) 3. of the statutes is amended to read:
23.33
(13)
(b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.
Section
153
.
23.33 (13) (b) 4. of the statutes is amended to read:
23.33
(13)
(b) 4. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has not attained the age of
19
21
shall forfeit not more than $50.
Section
154
.
23.33 (13) (bg) of the statutes is amended to read:
23.33
(13)
(bg)
Penalties related to intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
; underage passengers.
If there is a passenger under 16 years of age on the all-terrain vehicle
or utility terrain vehicle
at the time of a violation that gives rise to a conviction under sub. (4c) (a) 1. or 2. or (4p) (e), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under pars. (b) 1., 2., and 3. for the conviction are doubled.
Section
155
.
23.33 (13) (br) (title) of the statutes is amended to read:
23.33
(13)
(br) (title)
Penalties related to intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
; enhancers.
Section
156
.
23.33 (13) (dm) of the statutes is amended to read:
23.33
(13)
(dm)
Reporting convictions to the department.
Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle
or utility terrain vehicle
law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.
Section
157
.
23.33 (13) (e) of the statutes is amended to read:
23.33
(13)
(e)
Alcohol, controlled substances or controlled substance analogs; assessment.
In addition to any other penalty or order, a person who violates sub. (4c) (a) or (b) or (4p) (e) or who violates s. 940.09 or 940.25 if the violation involves the operation of an all-terrain vehicle
or utility terrain vehicle
, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.
Section
158
.
23.33 (13) (f) of the statutes is amended to read:
23.33
(13)
(f)
Restoration or replacement of signs and standards.
In addition to any other penalty, the court may order the defendant to restore or replace any uniform all-terrain vehicle route or trail sign or standard
, or any uniform sign or standard for the operation of a utility terrain vehicle on an all-terrain vehicle route or trail,
that the defendant removed, damaged, defaced, moved or obstructed.
Section
159
.
23.35 (1) (intro.) of the statutes is amended to read:
23.35
(1)
(intro.) The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles
and
,
all-terrain vehicles
, and utility terrain vehicles
that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:
Section
160
.
23.35 (1) (a) of the statutes is amended to read:
23.35
(1)
(a) Requires that boats, snowmobiles
and
,
all-terrain vehicles
, and utility terrain vehicles
display decals or identification numbers showing valid registration by the tribe or band.
Section
161
.
23.35 (1) (b) of the statutes is amended to read:
23.35
(1)
(b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile
or
,
all-terrain vehicle
, or utility terrain vehicle
.
Section
162
.
23.35 (1) (e) of the statutes is amended to read:
23.35
(1)
(e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles
and
,
all-terrain vehicles
, and utility terrain vehicles
registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, "reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile
or
,
all-terrain vehicle
, or utility terrain vehicle
that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile
or
,
all-terrain vehicle
, or utility terrain vehicle
that is registered by the tribe or band.
Section
163
.
23.35 (2) of the statutes is amended to read:
23.35
(2)
An agreement entered into under sub. (1) may cover a registration program for boats, snowmobiles
or
,
all-terrain vehicles
, or utility terrain vehicles
or any combination thereof.
Section
164
.
25.29 (1) (b) of the statutes is amended to read:
25.29
(1)
(b) One percent of all sales and use taxes under s. 77.61 (1) on all-terrain vehicles,
utility terrain vehicles,
boats and snowmobiles collected under ss. 23.33, 30.52 (4), 350.12 and 350.122.
Section
165
.
25.29 (1) (dm) of the statutes is renumbered 25.29 (1) (dm) 1. and amended to read:
25.29
(1)
(dm) 1.
For fiscal year 1991-92 and for each fiscal year thereafter, an
An
amount equal to the estimated all-terrain vehicle gas tax payment.
The
2. For fiscal years before fiscal year 2013-14, the
estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) and the number of reflectorized plates issued under s. 23.33 (2) (dm)
, 2009 stats.,
on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.
Section
166
.
25.29 (1) (dm) 3. of the statutes is created to read:
25.29 (1) (dm) 3. For fiscal year 2013-14, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g), the number of reflectorized plates issued under s. 23.33 (2) (dm), 2009 stats., and the number of commercial all-terrain vehicle registration decals issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.
Section
167
.
25.29 (1) (dm) 4. of the statutes is created to read:
25.29
(1)
(dm) 4. For fiscal year 2014-15, and for each fiscal year thereafter, the estimated all-terrain vehicle gas tax payment is calculated by multiplying the sum of the number of all-terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) and the number of commercial all-terrain vehicle registration decals issued under s. 23.33 (2) (dm) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.
Section
168
.
25.29 (1) (dr) of the statutes is created to read:
25.29
(1)
(dr) For fiscal year 2013-14 and for each fiscal year thereafter, an amount equal to the estimated utility terrain vehicle gas tax payment. The estimated utility terrain vehicle gas tax payment is calculated by multiplying the sum of the number of utility terrain vehicles registered for public use under s. 23.33 (2) (c) or (2g) on the last day of February of the previous fiscal year by 25 gallons and multiplying that product by the excise tax imposed under s. 78.01 (1) on the last day of February of the previous fiscal year.
Section
169
.
25.40 (2) (b) 27. of the statutes is created to read:
25.40
(2)
(b) 27. Section 20.855 (4) (v).
Section
170
.
25.40 (3) (b) 14. of the statutes is amended to read:
25.40
(3)
(b) 14. Transfers to the conservation fund for motor fuel tax collections on the use of fuel by snowmobiles, all-terrain vehicles,
utility terrain vehicles,
and motorboats.
Section
171
.
30.26 (4) (title) of the statutes is amended to read:
30.26
(4)
(title)
Snowmobiles
and
,
all-terrain vehicles
, and utility terrain vehicles
.
Section
172
.
30.26 (4) (a) (intro.) and (b) of the statutes are amended to read:
30.26
(4)
(a) (intro.) The department may not prohibit the crossing of a bridge over a wild river by an all-terrain vehicle
or utility terrain vehicle
traveling on an all-terrain vehicle trail, as defined under s. 23.33 (1) (d), or by a snowmobile traveling on a snowmobile trail, as defined under s. 350.01 (17) that is constructed in any of the following locations:
(b) The state shall permit all-terrain vehicles
, utility terrain vehicles,
and snowmobiles to travel in a corridor across any state land that separates an all-terrain vehicle trail or a snowmobile trail and the bridges constructed at the locations listed under par. (a).
Section
173
.
30.29 (1) (b) of the statutes is amended to read:
30.29
(1)
(b) "Motor vehicle" includes
a utility terrain vehicle, as defined in s. 23.33 (1) (ng), and
an all-terrain vehicle, as defined in s. 340.01 (2g).
Section
174
.
70.11 (45m) of the statutes is amended to read:
70.11
(45m)
Snowmobile
and
,
all-terrain vehicle
, and utility terrain vehicle
clubs.
Trail groomers owned by a snowmobile club
or
,
an all-terrain vehicle club
, or a utility terrain vehicle club
that is exempt from taxation under section
501
(c) (3), (4), or (7) of the Internal Revenue Code.
Section
175
.
77.51 (13) (am) of the statutes is amended to read:
77.51
(13)
(am) Any person making any retail sale of a motor vehicle, aircraft, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle
, utility terrain vehicle,
or boat registered or titled, or required to be registered or titled, under the laws of this state or of the United States.
Section
176
.
77.51 (13s) of the statutes is amended to read:
77.51
(13s)
"Safety classes" means all classes approved by the department of natural resources related to hunting, including hunting with a bow, and related to firearms, all-terrain vehicles,
utility terrain vehicles,
boats, and snowmobiles.
Section
176g
.
77.53 (17) of the statutes is amended to read:
77.53
(17)
This section does not apply to tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c), or (d) purchased outside this state, as determined under s. 77.522, other than motor vehicles, boats, snowmobiles, recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles
, utility terrain vehicles,
and airplanes registered or titled or required to be registered or titled in this state, which is brought into this state by a nondomiciliary for the person's own storage, use or other consumption while temporarily within this state when such property, item, or good is not stored, used or otherwise consumed in this state in the conduct of a trade, occupation, business or profession or in the performance of personal services for wages or fees.
Section
176r
.
77.53 (18) of the statutes is amended to read:
77.53
(18)
This section does not apply to the storage, use or other consumption in this state of household goods or items, property, or goods under s. 77.52 (1) (b), (c), or (d) for personal use or to aircraft, motor vehicles, boats, snowmobiles, mobile homes, manufactured homes, as defined in s. 101.91 (2), recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers,
and
all-terrain vehicles,
and utility terrain vehicles,
for personal use, purchased by a nondomiciliary of this state outside this state, as determined under s. 77.522, 90 days or more before bringing the goods, items, or property into this state in connection with a change of domicile to this state.
Section
177
.
77.54 (7) (b) (intro.) of the statutes is amended to read:
77.54
(7)
(b) (intro.) If the item transferred is a motor vehicle, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle
, utility terrain vehicle,
or aircraft and the item is registered or titled, or required to be registered or titled, in this state or if the item is a boat that is registered or titled, or required to be registered or titled, in this state or under the laws of the United States, the exemption under par. (a) applies only if all of the following conditions are fulfilled:
Section
178
.
77.61 (1) (a) of the statutes is amended to read:
77.61
(1)
(a) No motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle
, utility terrain vehicle,
or aircraft shall be registered or titled in this state unless the registrant presents proof that the sales or use taxes imposed by this subchapter have been paid.
Section
179
.
77.61 (1) (b) of the statutes is amended to read:
77.61
(1)
(b) In the case of motor vehicles, boats, snowmobiles, recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles,
utility terrain vehicles,
or aircraft purchased from a retailer, the registrant shall present proof that the tax has been paid to such retailer.
Section
180
.
77.61 (1) (c) of the statutes is amended to read:
77.61
(1)
(c) In the case of motor vehicles, boats, snowmobiles, recreational vehicles, as defined in s. 340.01 (48r), trailers, semitrailers, all-terrain vehicles,
utility terrain vehicles,
or aircraft registered or titled, or required to be registered or titled, in this state purchased from persons who are not retailers, the purchaser shall file a sales tax return and pay the tax prior to registering or titling the motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), semitrailer, all-terrain vehicle,
utility terrain vehicle,
or aircraft in this state.
77.73
(2)
Counties and special districts do not have jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except snowmobiles, trailers, semitrailers,
and
all-terrain vehicles,
and utility terrain vehicles,
purchased in a sale that is consummated in another county or special district in this state that does not have in effect an ordinance or resolution imposing the taxes under this subchapter and later brought by the buyer into the county or special district that has imposed a tax under s. 77.71 (2).
77.78
Registration.
No motor vehicle, boat, snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle
, utility terrain vehicle,
or aircraft that is required to be registered by this state may be registered or titled by this state unless the registrant files a sales and use tax report and pays the county tax and special district tax at the time of registering or titling to the state agency that registers or titles the property. That state agency shall transmit those tax revenues to the department of revenue.
Section
182
.
78.01 (2) (e) of the statutes is amended to read:
78.01
(2)
(e) Gasoline sold for nonhighway use in mobile machinery and equipment; other than use in a snowmobile, an all-terrain vehicle
or utility terrain vehicle
that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat; and delivered directly into the consumer's storage tank in an amount of not less than 100 gallons.
Section
183
.
78.01 (2m) (f) of the statutes is amended to read:
78.01
(2m)
(f) It is dyed diesel fuel and is sold for off-highway use other than use in a snowmobile, an all-terrain vehicle
or utility terrain vehicle
that is not registered for private use under s. 23.33 (2) (d) or (2g) or in a recreational motorboat or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.
Section
184
.
78.40 (1) of the statutes is amended to read:
78.40
(1)
Imposition of tax and by whom paid.
An excise tax at the rate determined under ss. 78.405 and 78.407 is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, an all-terrain vehicle
or utility terrain vehicle
that is not registered for private use under s. 23.33 (2) (d) or (2g) or a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.
Section
185
.
78.75 (1m) (a) 2m. of the statutes is amended to read:
78.75
(1m)
(a) 2m. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating an all-terrain vehicle, as defined under s. 340.01 (2g),
or a utility terrain vehicle, as defined under s. 23.33 (1) (ng),
may not be reimbursed or repaid the amount of tax paid unless the all-terrain vehicle
or utility terrain vehicle
is registered for private use under s. 23.33 (2) (d) or (2g).
Section
186
.
78.75 (1m) (a) 3. of the statutes is amended to read:
78.75
(1m)
(a) 3. Claims under subd. 1. shall be made and filed. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and motorboats that are not recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles
or utility terrain vehicles
unless the
all-terrain
vehicle is registered for private use under s. 23.33 (2) (d) or (2g) and shall indicate that estimated all-terrain vehicle
or utility terrain vehicle
motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.
Section
187
.
100.48 (1) (d) of the statutes is created to read:
100.48
(1)
(d) "Utility terrain vehicle" has the meaning given in s. 23.33 (1) (ng).
Section
188
.
100.48 (2), (3) (a) and (4) (c) of the statutes are amended to read:
100.48
(2)
No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle,
a utility terrain vehicle,
or a boat with the intent to defraud by changing or affecting the number of hours of operation indicated on the hour meter.
(3)
(a) Nothing in this section shall prevent the service, repair or replacement of an hour meter if the number of hours of operation indicated on the hour meter remains the same as before the service, repair or replacement. If an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle,
a utility terrain vehicle,
or a boat is incapable of registering the same number of hours of operation as before its service, repair or replacement, the hour meter shall be adjusted to read zero, and a sticker shall be affixed by the owner of the vehicle or device to which the hour meter is attached or an agent, in proximity to the hour meter, specifying the number of hours of operation recorded on the hour meter prior to its service, repair or replacement and the date on which it was serviced, repaired or replaced. No person who services, repairs or replaces an hour meter attached to farm equipment, a snowmobile, an all-terrain vehicle,
a utility terrain vehicle,
or a boat that is incapable of registering the same number of hours of operation as before such service, repair or replacement may fail to adjust the hour meter to read zero or fail to affix the sticker required by this paragraph.
(4)
(c) Any person who violates sub. (2) or (3) with respect to an hour meter attached to a snowmobile, an all-terrain vehicle,
a utility terrain vehicle,
or a boat may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.
Section
189
.
322.111 of the statutes is amended to read:
322.111
Article 111 — Drunken or reckless operation of an all-terrain vehicle,
utility terrain vehicle,
vehicle, snowmobile, aircraft, or vessel.
Any person who violates s. 23.33 (3) (a) or (4c), 30.68, 30.681, 114.09, 346.62, 346.63 (1) or (2), 350.10 (1) (b), 350.101, 940.25, or 940.09 where the offense involved the operation or physical control of an aircraft, all-terrain vehicle,
utility terrain vehicle,
snowmobile, vehicle or vessel on or off a highway shall be punished as the court-martial may direct.
Section
190
.
323.20 of the statutes is amended to read:
323.20
Emergency use of vehicles.
In responding to an official request for help during any declared state of emergency, any person may operate a boat or any motor vehicle, including a snowmobile
or
,
all-terrain vehicle
, or utility terrain vehicle
, that is not registered in this state.
Section
191
.
340.01 (27g) of the statutes is amended to read:
340.01
(27g)
"Low-pressure tire" means a tire that has a minimum width of 6 inches and that is designed to be inflated with an operating pressure not to exceed
10
20
pounds per square inch as recommended by the manufacturer.
Section
192
.
340.01 (32) (intro.) of the statutes is amended to read:
340.01
(32)
(intro.) "Motorcycle" means a motor vehicle, excluding a tractor
or
,
an all-terrain vehicle
, or a utility terrain vehicle
, which is capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level, hard surface with no wind, with a power source as an integral part of the vehicle, and which meets the conditions under par. (a) or (b):
Section
193
.
340.01 (35) of the statutes is amended to read:
340.01
(35)
"Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail. "Motor vehicle" includes, without limitation, a commercial motor vehicle or a vehicle which is propelled by electric power obtained from overhead trolley wires but not operated on rails. A snowmobile
and
,
an all-terrain vehicle
, and a utility terrain vehicle
shall
only
be considered motor vehicles
only
for purposes made specifically applicable by statute.
Section
194
.
341.057 of the statutes is amended to read:
341.057
All-terrain vehicles
and utility terrain vehicles
.
All-terrain vehicles
and utility terrain vehicles
are not required to be registered under this chapter but shall be registered under s. 23.33 (2) or (2g).
Section
195
.
344.61 (1) of the statutes is amended to read:
344.61
(1)
Notwithstanding s. 344.01 (2) (b), "motor vehicle" does not include trailers, semitrailers,
and
all-terrain vehicles
, and utility terrain vehicles
.
Section
196
.
345.11 (1r) of the statutes is amended to read:
345.11
(1r)
The uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances enacted in accordance with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle
or utility terrain vehicle
. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.
Section
197
.
346.02 (11) of the statutes is amended to read:
346.02
(11)
Applicability to all-terrain vehicles
and utility terrain vehicles
.
The operator of an all-terrain vehicle
or a utility terrain vehicle
on a roadway is subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.215 (3), 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55, 346.71, 346.87, 346.88, 346.89, 346.90, 346.91, 346.92 (1) and 346.94 (1) and (9) but is not subject to any other provision of this chapter.
Section
198
.
346.66 (1) (c) of the statutes is amended to read:
346.66
(1)
(c) Sections 346.67 to 346.70 do not apply to accidents involving only snowmobiles, all-terrain vehicles,
utility terrain vehicles,
or vehicles propelled by human power or drawn by animals.
Section
199
.
346.71 (1) of the statutes is amended to read:
346.71
(1)
Every coroner or medical examiner shall, on or before the 10th day of each month, report in writing any accident involving a motor vehicle occurring within the coroner's or medical examiner's jurisdiction resulting in the death of any person during the preceding calendar month. If the accident involved an all-terrain vehicle
or utility terrain vehicle
, the report shall be made to the department of natural resources and shall include the information specified by that department. If the accident involved any other motor vehicle, the report shall be made to the department and shall include the information specified by the department. The coroner or medical examiner of the county where the death occurs, if the accident occurred in another jurisdiction, shall, immediately upon learning of the death, report it to the coroner or medical examiner of the county where the accident occurred, as provided in s. 979.01 (1).
Section
200
.
346.71 (2) of the statutes is amended to read:
346.71
(2)
In cases of death involving a motor vehicle in which the decedent was the operator of a motor vehicle, a pedestrian 14 years of age or older or a bicycle or electric personal assistive mobility device operator 14 years of age or older and who died within 6 hours of the time of the accident, the coroner or medical examiner of the county where the death occurred shall require that a blood specimen of at least 10 cc. be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All funeral directors shall obtain a release from the coroner or medical examiner of the county where the accident occurred as provided in s. 979.01 (4) prior to proceeding with embalming any body coming under the scope of this section. The blood so drawn shall be forwarded to a laboratory approved by the department of health services for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each such analysis to the department of health services. If the death involved a motor vehicle, the department shall keep a record of all such examinations to be used for statistical purposes only and the department shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved. If the death involved an all-terrain vehicle
or utility terrain vehicle
, the department of natural resources shall keep a record of all such examinations to be used for statistical purposes only and the department of natural resources shall disseminate and make public the cumulative results of the examinations without identifying the individuals involved.
Section
201
.
347.24 (1) (c) of the statutes is amended to read:
347.24
(1)
(c) An implement of husbandry which is an all-terrain vehicle
or utility terrain vehicle
need only comply with the lamp requirements established under s. 23.33 (6).
Section
202
.
347.415 (1g) of the statutes is amended to read:
347.415
(1g)
In this section, "odometer" means an instrument for measuring and recording the actual distance that a motor vehicle, snowmobile,
or
all-terrain vehicle
, or utility terrain vehicle
has traveled while in operation, but does not include any auxiliary instrument designed to be reset to zero to measure and record the actual distance that a motor vehicle, snowmobile,
or
all-terrain vehicle
, or utility terrain vehicle
has traveled on trips.
Section
203
.
347.415 (1m) of the statutes is amended to read:
347.415
(1m)
No person may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer of any motor vehicle, snowmobile,
or
all-terrain vehicle
, or utility terrain vehicle
with the intent to change or affect the number of miles indicated thereon.
348.01
(2)
(d) "Vehicle for recreational use" includes a bicycle, moped, motor bicycle, motorcycle, all-terrain vehicle,
utility terrain vehicle,
snowmobile, boat, as defined in s. 30.50 (2), sailboard, as defined in s. 30.50 (11), personal watercraft, or electric personal assistive mobility device, but does not include an automobile, motor truck, motor home, play vehicle, or in-line skates.
Section
204
.
885.235 (1g) (intro.) of the statutes is amended to read:
885.235
(1g)
(intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle
or utility terrain vehicle
or while handling a firearm, evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:
Section
205
.
885.235 (1k) of the statutes is amended to read:
885.235
(1k)
In any action or proceeding in which it is material to prove that a person had a detectable amount of a restricted controlled substance in his or her blood while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle
or utility terrain vehicle
, or while handling a firearm, if a chemical analysis of a sample of the person's blood shows that the person had a detectable amount of a restricted controlled substance in his or her blood, the court shall treat the analysis as prima facie evidence on the issue of the person having a detectable amount of a restricted controlled substance in his or her blood without requiring any expert testimony as to its effect.
895.043
(6)
Limitation on damages.
Punitive damages received by the plaintiff may not exceed twice the amount of any compensatory damages recovered by the plaintiff or $200,000, whichever is greater. This subsection does not apply to a plaintiff seeking punitive damages from a defendant whose actions under sub. (3) included the operation of a vehicle, including a motor vehicle as defined under s. 340.01 (35), a snowmobile as defined under s. 340.01 (58a), an all-terrain vehicle as defined under s. 340.01 (2g),
a utility terrain vehicle as defined under s. 23.33 (1) (ng),
and a boat as defined under s. 30.50 (2), while under the influence of an intoxicant to a degree that rendered the defendant incapable of safe operation of the vehicle. In this subsection, "intoxicant" has the meaning given in s. 30.50 (4e).
Section
207
.
895.049 of the statutes is amended to read:
895.049
Recovery by a person who fails to use protective headgear while operating certain motor vehicles.
Notwithstanding s. 895.045, failure by a person who operates or is a passenger on a
utility terrain vehicle, as defined in s. 23.33 (1) (ng), a
motorcycle, as defined in s. 340.01 (32), an all-terrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, to use protective headgear shall not reduce recovery for injuries or damages by the person or the person's legal representative in any civil action. This section does not apply to any person required to wear protective headgear under s. 23.33 (3g) or 347.485 (1).
Section
208
.
895.52 (1) (g) of the statutes is amended to read:
895.52
(1)
(g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle
or utility terrain vehicle
, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, sport shooting and any other outdoor sport, game or educational activity. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.
Section
209
.
895.525 (2) of the statutes is amended to read:
895.525
(2)
Definition.
In this section, "recreational activity" means any activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes hunting, fishing, trapping, camping, bowling, billiards, picnicking, exploring caves, nature study, dancing, bicycling, horseback riding, horseshoe-pitching, bird-watching, motorcycling, operating an all-terrain vehicle
or utility terrain vehicle
, ballooning, curling, throwing darts, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, participation in water sports, weight and fitness training, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, sport shooting and any other sport, game or educational activity.
Section
210
.
901.053 of the statutes is amended to read:
901.053
Admissibility of evidence relating to use of protective headgear while operating certain motor vehicles.
Evidence of use or nonuse of protective headgear by a person, other than a person required to wear protective headgear under s. 23.33 (3g) or 347.485 (1), who operates or is a passenger on a
utility terrain vehicle, as defined in s. 23.33 (1) (ng), a
motorcycle, as defined in s. 340.01 (32), an all-terrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, is not admissible in any civil action for personal injury or property damage. This section does not apply to the introduction of such evidence in a civil action against the manufacturer or producer of the protective headgear arising out of any alleged deficiency or defect in the design or manufacture of the protective headgear or, with respect to such use of protective headgear, in a civil action on the sole issue of whether the protective headgear contributed to the personal injury or property damage incurred by another person.
Section
211
.
938.17 (title) of the statutes is amended to read:
938.17
(title)
Jurisdiction over traffic, boating, snowmobile,
and
all-terrain vehicle
, and utility terrain vehicle
violations and over civil law and ordinance violations.
Section
212
.
938.17 (1) (intro.) of the statutes is amended to read:
938.17
(1)
Traffic, boating, snowmobile
and
,
all-terrain vehicle
, and utility terrain vehicle
violations.
(intro.) Except for violations of ss. 342.06 (2) and 344.48 (1), and violations of ss. 30.67 (1) and 346.67 (1) when death or injury occurs, courts of criminal and civil jurisdiction have exclusive jurisdiction in proceedings against juveniles 16 years of age or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic regulations, as defined in s. 345.20, and nonmoving traffic violations, as defined in s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile,
or
all-terrain vehicle
, or utility terrain vehicle
offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a juvenile detention facility. A juvenile convicted of a traffic, boating, snowmobile,
or
all-terrain vehicle
, or utility terrain vehicle
offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:
Section
213
.
938.343 (9) of the statutes is amended to read:
938.343
(9)
All-terrain
or utility terrain
vehicle safety course.
If the violation is one under s. 23.33 or under an ordinance enacted in accordance with s. 23.33 concerning the use of all-terrain vehicles
or utility terrain vehicles
, order the juvenile to attend an all-terrain vehicle
or utility terrain vehicle
safety course.
Section
214
.
Nonstatutory provisions.
(1)
Notwithstanding the fees specified in section 23.33 (2) (c) of the statutes, as affected by this act, the department of natural resources may charge a fee under section 23.33 (2) (c) of the statutes, as affected by this act, that is calculated on a proportional basis if the changes in the public-use registration period under section 23.33 (2) (f) of the statutes, as affected by this act, cause a public-use registration certificate that is issued on or after the effective date of this subsection to expire in less than 2 years after the date of issuance.
(2)
Notwithstanding the fees specified in section 23.33 (2) (dm) 2. of the statutes, as affected by this act, the department of natural resources may charge a fee under section 23.33 (2) (dm) 2. of the statutes, as affected by this act, that is calculated on a proportional basis if the changes in the registration period for a commercial all-terrain vehicle and utility terrain vehicle certificate cause a commercial all-terrain vehicle and utility terrain vehicle certificate that is issued on or after the effective date of this subsection to expire in less than 2 years after the date of issuance.
Section
215
.
Fiscal changes.
(1)
The unencumbered balance in the appropriation account under section 20.370 (1) (iv) of the statutes is transferred to the appropriation account under section 20.370 (1) (iw) of the statutes, as created by this act.
Section
216
.
Effective dates.
This act takes effect on July 1, 2012, or the day after publication, whichever is later, except as follows:
(1) The treatment of
s
ection 23.33 (2) (ir) 1. of the statutes takes effect on March 1, 2015.
(2)
The treatment of sections 20.370 (1) (mr), (3) (as), and (5) (er), (eu), and (gr) and 23.33 (9) (bg) of the statutes takes effect on July 1, 2013.
