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Date of enactment: April 2, 2012
2011 Senate Bill 354 Date of publication*: April 16, 2012
* Section 991.11, Wisconsin Statutes 2009-10 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
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:
208,1 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.
208,2 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.
208,3 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.
208,4 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.
208,5 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.
208,6 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.
208,7 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).
208,8 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.
208,9 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.
208,10 Section 10. 23.33 (title) of the statutes is amended to read:
23.33 (title) All-terrain vehicles and utility terrain vehicles.
208,10m 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.
208,11 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.
208,12 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.
208,13 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.
208,14 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.
208,15 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.
208,16 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.
208,17 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.
208,18 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.
208,19 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.
208,20 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.
208,21 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.
208,22 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.
208,23 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.
208,24 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.
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