LRB-3695/2
ZDW:amn
2019 - 2020 LEGISLATURE
November 27, 2019 - Introduced by Senators Marklein, Bernier and LeMahieu,
cosponsored by Representatives
Felzkowski, Swearingen, Edming, Katsma,
Krug, Kulp, Kurtz, Milroy, Novak, Quinn, Snyder, Summerfield, Tranel,
Tusler, Vorpagel and Wichgers. Referred to Committee on Natural
Resources and Energy.
SB583,1,10
1An Act to renumber and amend 23.33 (9) (bg);
to amend 20.370 (5) (ct), 20.370
2(5) (cu), 23.33 (1) (ng) 1. b., 23.33 (1) (ng) 1. h., 23.33 (1) (ng) 2. a., 23.33 (1) (ng)
32. b., 23.33 (1) (ng) 2. d., 23.33 (2) (b) 4., 23.33 (3) (em), 23.33 (4) (d) (intro.), 23.33
4(6) (a), 23.33 (6) (f), 23.33 (6) (g), 23.33 (6r), 23.33 (9) (bb), 23.33 (9) (bg) (title),
5340.01 (2g) and 346.02 (11); and
to create 23.33 (1) (fe), 23.33 (1) (jd), 23.33 (1)
6(jqm), 23.33 (3) (ht), 23.33 (3g) (e), 23.33 (3g) (f), 23.33 (4z) (a) 3., 23.33 (6) (cd),
723.33 (6) (ch), 23.33 (6) (cp), 23.33 (6) (ct), 23.33 (9) (b) 7., 23.33 (9) (b) 8., 23.33
8(9) (bc), 23.33 (9) (bg) 2., 23.33 (11m) and 971.19 (10m) of the statutes;
relating
9to: regulation of all-terrain vehicles and utility terrain vehicles, all-terrain
10vehicle projects, and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the regulation of all-terrain vehicles
(ATVs) and utility terrain vehicles (UTVs), including all of the following:
1. Eliminates the requirement that ATVs and UTVs have low-pressure or
non-pneumatic tires.
2. Provides that a measurement of the width of an ATV or UTV must be
measured between the outermost wheel rim on each side of the vehicle exclusive of
tires, mirrors, and accessories that are not essential to the vehicle's basic operation.
3. Provides that an ATV or UTV owned or leased by a political subdivision is
exempt from registration if the name of the political subdivision is prominently
displayed on the exterior.
4. Creates limitations on and requirements for the use of lights on ATVs and
UTVs.
5. Provides that certain limitations on ATV and UTV operation and equipment
do not apply to an ATV or UTV owned or leased by a city, village, town, county, state
agency, federal agency, federally recognized American Indian tribe, public safety
corporation, or public utility while the operator is engaged in an emergency.
6. Modifies certain existing requirements to apply to an ATV or UTV operated
on an all-terrain vehicle route, all-terrain vehicle trail, or roadway.
The bill provides that nonprofit organizations may receive funding for the
development of safety information signs, the production of trail maps and digital
information applications, and the acquisition and maintenance of communications
equipment. Under current law, there are numerous all-terrain vehicle projects
eligible for funding from the Department of Natural Resources.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB583,1
1Section 1
. 20.370 (5) (ct) of the statutes is amended to read:
SB583,2,82
20.370
(5) (ct)
Recreation aids — all-terrain vehicle project aids; gas tax
3payment. As a continuing appropriation, an amount equal to the estimated
4all-terrain vehicle gas tax payment to provide aid to towns, villages, cities, counties
, 5and federal agencies for nonstate all-terrain vehicle projects
and to provide aid to
6nonprofit organizations for the production of maps and digital information
7applications under s. 23.33 (9) (b) 7., communications equipment under s. 23.33 (9)
8(b) 8., and the placement of signs developed under s. 23.33 (4z) (a) 3.
SB583,2
9Section 2
. 20.370 (5) (cu) of the statutes is amended to read:
SB583,3,510
20.370
(5) (cu)
Recreation aids — all-terrain vehicle project aids. As a
11continuing appropriation, the amounts in the schedule from moneys received from
1all-terrain vehicle fees under s. 23.33 (2) (c) to (e) to provide aid to towns, villages,
2cities, counties, and federal agencies for nonstate all-terrain vehicle projects
and to
3provide aid to nonprofit organizations for the production of maps and digital
4information applications under s. 23.33 (9) (b) 7., communications equipment under
5s. 23.33 (9) (b) 8., and the placement of signs developed under s. 23.33 (4z) (a) 3.
SB583,3
6Section
3. 23.33 (1) (fe) of the statutes is created to read:
SB583,3,97
23.33
(1) (fe) “Federal agency” means the United States, any department of the
8United States, or any corporation, agency, or instrumentality that is created,
9designated, or established by the United States.
SB583,4
10Section
4. 23.33 (1) (jd) of the statutes is created to read:
SB583,3,1111
23.33
(1) (jd) “Public utility” has the meaning given in s. 196.01 (5).
SB583,5
12Section
5. 23.33 (1) (jqm) of the statutes is created to read:
SB583,3,1413
23.33
(1) (jqm) “State agency” means any office, department, or independent
14agency in the executive branch of state government.
SB583,6
15Section
6. 23.33 (1) (ng) 1. b. of the statutes is amended to read:
SB583,3,1616
23.33
(1) (ng) 1. b. Four or more
low-pressure tires or non-pneumatic tires.
SB583,7
17Section
7. 23.33 (1) (ng) 1. h. of the statutes is amended to read:
SB583,3,2018
23.33
(1) (ng) 1. h. A width of not more than 65 inches
as measured laterally
19between the outermost wheel rim on each side of the vehicle, exclusive of tires,
20mirrors, and accessories that are not essential to the vehicle's basic operation.
SB583,8
21Section 8
. 23.33 (1) (ng) 2. a. of the statutes is amended to read:
SB583,3,2322
23.33
(1) (ng) 2. a. It has a weight, without fluids, of
more than 900 pounds but 23not more than 2000 pounds.
SB583,9
24Section
9. 23.33 (1) (ng) 2. b. of the statutes is amended to read:
SB583,4,3
123.33
(1) (ng) 2. b. It has a width of
50 65 inches or less
as measured laterally
2between the outermost wheel rim on each side of the vehicle, exclusive of tires,
3mirrors, and accessories that are not essential to the vehicle's basic operation.
SB583,10
4Section
10. 23.33 (1) (ng) 2. d. of the statutes is amended to read:
SB583,4,65
23.33
(1) (ng) 2. d. It travels on 3 or more
low-pressure tires or non-pneumatic 6tires.
SB583,11
7Section
11. 23.33 (2) (b) 4. of the statutes is amended to read:
SB583,4,118
23.33
(2) (b) 4. Owned
or leased by a political subdivision of the state
and or
9a federal agency, used for enforcement or emergency purposes
, and the name of the
10political subdivision is prominently displayed on the exterior of the all-terrain
11vehicle or utility terrain vehicle.
SB583,12
12Section
12. 23.33 (3) (em) of the statutes is amended to read:
SB583,4,1713
23.33
(3) (em)
With Except as provided in sub. (11m), with a passenger riding
14in or on any part of
a an all-terrain vehicle or utility terrain vehicle that is not
15designed or intended to be used by passengers
while the all-terrain vehicle or utility
16terrain vehicle is being operated on an all-terrain vehicle route, all-terrain vehicle
17trail, or roadway as authorized in this section.
SB583,13
18Section
13. 23.33 (3) (ht) of the statutes is created to read:
SB583,4,2119
23.33
(3) (ht) On all-terrain vehicles routes, all-terrain vehicles trails, public
20lands, or roadways unless the person complies with all stop signs, yield signs, and
21other regulatory signs established by rule under sub. (8) (e).
SB583,14
22Section 14
. 23.33 (3g) (e) of the statutes is created to read:
SB583,4,2423
23.33
(3g) (e) The person is being transported for medical reasons while under
24the care of emergency personnel.
SB583,15
25Section 15
. 23.33 (3g) (f) of the statutes is created to read:
SB583,5,4
123.33
(3g) (f) The person is an emergency responder who is responding to an
2emergency that is directly related to the function of a city, town, village, county, state
3agency, federal agency, federally recognized American Indian tribe, or public safety
4corporation.
SB583,16
5Section
16. 23.33 (4) (d) (intro.) of the statutes is amended to read:
SB583,5,96
23.33
(4) (d)
Operation on roadway. (intro.) A person may operate an
7all-terrain vehicle or utility terrain vehicle on the roadway portion of any highway
8if the person complies with the applicable speed limit and only in the following
9situations:
SB583,17
10Section 17
. 23.33 (4z) (a) 3. of the statutes is created to read:
SB583,5,1111
23.33
(4z) (a) 3. Provide for the development of safety information signs.
SB583,18
12Section 18
. 23.33 (6) (a) of the statutes is amended to read: