Penalties related to failure to stop; and for causing injury while under influence of intoxicants.
A person who violates s. 350.101 (2)
or 350.17 (2)
shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.
Sentence of detention.
The legislature intends that courts use the sentencing option under s. 973.03 (4)
whenever appropriate for persons subject to par. (a) 2.
. The use of this option can result in significant cost savings for the state and local governments.
Calculation of previous convictions.
In determining the number of previous convictions under par. (a) 2.
, convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
Reporting convictions to the department.
Whenever a person is convicted of a violation of the intoxicated snowmobiling 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.
(d) Alcohol, controlled substances or controlled substance analogs; assessment.
In addition to any other penalty or order, a person who violates s. 350.101 (1)
or 350.104 (5)
or who violates s. 940.09
if the violation involves the operation of a snowmobile, 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.
Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785
In addition to the penalties under this section, the court may order the defendant to restore or replace any uniform snowmobile trail sign or standard that the defendant removed, damaged, defaced, moved or obstructed.
See s. 23.50
concerning enforcement procedures.
Snowmobile registration restitution surcharge. 350.115(1)(1)
Levy of snowmobile registration restitution surcharge. 350.115(1)(a)(a)
If a court imposes a forfeiture for a violation of a provision of this chapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution surcharge under ch. 814
equal to the amount of the fee that was required and should have been obtained.
If a forfeiture is suspended in whole or in part, the snowmobile registration restitution surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.
If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution surcharge under this section. If the deposit is forfeited, the amount of the snowmobile registration restitution surcharge shall be transmitted to the secretary of administration under par. (d)
. If the deposit is returned, the snowmobile registration restitution surcharge shall also be returned.
The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution surcharge and other amounts required under s. 59.40 (2) (m)
. The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
(2) Use of snowmobile registration restitution surcharge funds.
All moneys collected from snowmobile registration restitution surcharges shall be deposited in the conservation fund.
Registration of snowmobiles; trail use stickers. 350.12(1)(1)
After January 1, 1970, no person shall operate, and no owner shall give permission for the operation of any snowmobile within this state unless the operation of the snowmobile complies with sub. (3) (a) 1.
or (5) (cm)
or is exempt from registration. No political subdivision shall have authority to register or license snowmobiles.
A snowmobile is exempt from registration if it is one of the following:
Owned by the United States, another state or a political subdivision thereof, but such snowmobiles shall display the name of the owner on the cowling thereof.
Covered by a valid registration in another state, province or country, provided there is some identification of registration displayed on the snowmobile and it has not been in this state for more than 15 consecutive days.
Covered by a valid registration of a federally recognized American Indian tribe or band, if all of the following apply:
The registration program of the tribe or band is covered by an agreement under s. 23.35
The snowmobile displays the registration decal required by the tribe or band.
The snowmobile has not been, for more than 15 consecutive days, in that portion of this state that is outside the boundaries of the reservation where it is registered.
In the registration application process in another state, province or country, if proof of the application for registration is carried on the operator and the snowmobile has not been in this state for more than 15 consecutive days.
Used exclusively for racing on a raceway facility.
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 snowmobile.
(3) Applications, issuances, renewals, fees. 350.12(3)(a)1.1.
Except as provided under subs. (2)
and (5) (cm)
, no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or s. 350.122
or as an antique under par. (b)
and has the registration decals displayed as required under sub. (5)
or s. 350.122
or unless the snowmobile has a reflectorized plate attached as required under par. (c) 3.
A snowmobile that is not registered as an antique under par. (b)
may be registered for public use. A snowmobile that is not registered as an antique under par. (b)
and that is used exclusively on private property, as defined under s. 23.33 (1) (n)
, may be registered for private use. A snowmobile public-use registration certificate is valid for 2 years beginning on the July 1 prior to the date of application if registration is made prior to April 1 and beginning on the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 2 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $30, except that the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.
Upon transfer of ownership of a snowmobile for which a registration certificate has been issued by this state or by another state, province, or country, the seller shall, at time of sale, deliver the assigned certificate to the purchaser.
The purchaser shall complete the application for transfer and cause it to be mailed or delivered to the department or an agent appointed under sub. (3h) (a) 3.
within 10 days from the date of purchase. A fee of $5 shall be paid for transfer of a current registration certificate.
Whenever a snowmobile is junked, the owner shall return the certificate of registration to the department marked "junked".
Any person who is a resident of this state and the owner of a snowmobile which has a model year of 1966 or earlier may, upon application, register the snowmobile as an antique snowmobile. Upon payment of a fee of $20, the applicant shall be furnished a registration certificate and decals of a distinctive design, in lieu of the design on the decals issued under par. (d)
. The design shall show that the snowmobile is an antique. The registration shall be valid without payment of any additional registration fee while the snowmobile is owned by the applicant. Unless inconsistent with this paragraph, the provisions of this chapter applicable to other snowmobiles shall apply to antique snowmobiles.
Every person who is a snowmobile manufacturer, snowmobile dealer, snowmobile distributor or snowmobile renter or any combination thereof engaged in business in this state shall register with the department and obtain from the department a commercial snowmobile certificate.
The fee for issuing or renewing a commercial snowmobile 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 snowmobile certificate and 3 reflectorized plates. The fee for additional reflectorized plates is $30 per plate.
A person who is required to obtain a commercial snowmobile certificate under subd. 1.
shall attach in a clearly visible place a reflectorized plate to any snowmobile that is not registered for public use and that the person leases, rents, offers for sale or otherwise allows to be used whenever the snowmobile is being operated.
The period of validity for a commercial snowmobile certificate is 2 years, to be calculated in the same manner as is the period of validity for a public-use registration certificate under par. (a)
(cm) Subsection (3h)
does not apply to commercial snowmobile certificates, reflectorized plates, or registration certificates issued for antique snowmobiles under par. (b)
Upon receipt of the required fee, a sales tax report, payment of sales and use taxes due under s. 77.61 (1)
, and an application on forms prescribed by it, the department or an agent appointed under sub. (3h) (a) 3.
shall issue to the applicant an original registration certificate stating the registration number, the name and address of the owner, and other information the department deems necessary or a validated registration receipt. The department or an agent appointed under sub. (3h) (a) 3.
shall issue 2 registration decals per snowmobile owned by an individual owner, this state, or a political subdivision of this state. The decals shall be no larger than 3 inches in height and 6 inches in width. The decals shall contain reference to the state, the department, whether the snowmobile is registered for public use or private use under par. (a)
, or as an antique under par. (b)
, and shall show the expiration date of the registration.
If a registration certificate, registration decal, commercial snowmobile certificate, or reflectorized plate is lost or destroyed, the holder of the certificate, decal, or plate may apply for a duplicate on forms provided for by the department accompanied by a fee of $5. Upon receipt of a proper application and the required fee, the department or an agent appointed under sub. (3h) (a) 3.
shall issue a duplicate certificate, decal, or plate to the applicant.
(3g) Registration of certain snowmobiles. 350.12(3g)(a)(a)
Registration certificates issued to persons under s. 350.12 (3) (c) (intro.)
, 1989 stats., before August 15, 1991, shall remain valid until their expiration dates.
A snowmobile put into use by a snowmobile renter before August 15, 1991, shall be subject to the requirements that are applicable under s. 350.12 (3) (c) (intro.)
, 1989 stats., s. 350.12 (3) (d)
, 1989 stats., s. 350.12 (3) (dm)
, 1989 stats., and s. 350.12 (5) (b)
, 1989 stats., and is exempt from the requirement under sub. (3) (c) 3.
until the expiration date of the snowmobile registration.
For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may do any of the following:
Directly issue, transfer, or renew the registration documentation with or without using the services specified in par. (ag) 1.
Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation using either or both of the services specified in par. (ag) 1.
For the issuance of original or duplicate registration documentation and for the transfer or renewal of registration documentation, the department may implement either or both of the following procedures to be provided by the department and any agents appointed under par. (a) 3.
A procedure under which the department or agent may accept applications for registration documentation and issue a validated registration receipt at the time the applicant submits the application accompanied by the required fees.
A procedure under which the department or agent may accept applications for registration documentation and issue to each applicant all or some of the items of the registration documentation at the time the applicant submits the application accompanied by the required fees.
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 snowmobile for which the application is submitted to be operated in compliance with the registration requirements under this section. The items of registration documentation issued under subd. 1. b.
shall include at least one registration decal.
In addition to the applicable fee under sub. (3) (a)
, each agent appointed under par. (a) 3.
shall collect a service fee of $3 each time the agent issues a validated registration receipt under par. (ag) 1. a.
The agent shall retain the entire amount of each service fee the agent collects.
In addition to the applicable fee under sub. (3) (a)
, the department or the agent appointed under par. (a) 3.
shall collect a service fee of $5 each time the service under par. (ag) 1. b.
is provided. The agent shall remit to the department $1 of each service fee the agent collects.
Receipt of fees.
All fees remitted to or collected by the department under par. (ar)
shall be credited to the appropriation account under s. 20.370 (9) (hu)
The department may promulgate rules to establish eligibility and other criteria for the appointment of agents under par. (a) 3.
and to regulate the activities of these agents.
In this paragraph, "public snowmobile corridor" means a snowmobile trail or other established snowmobile corridor that is open to the public but does not include a snowmobile route.
Except as provided in par. (d)
, no person who is the owner of a snowmobile may operate, or give permission for another person to operate, a snowmobile on a public snowmobile corridor in this state unless a trail use sticker issued under this subsection is displayed on the snowmobile.
The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b)
is $34.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and expires on June 30 of each year.
There is no fee for a trail use sticker issued for a snowmobile that is registered under s. 23.35
. The department or Indian tribe or band shall issue a trail use sticker for such a snowmobile when it issues the registration certificate for the snowmobile. The department shall provide Indian tribes or bands that register snowmobiles under s. 23.35
with a supply of trail use stickers.
A snowmobile that is registered under this section or that is exempt from registration under sub. (2) (a)
is exempt from having a trail use sticker displayed under par. (a)
The department may appoint any person who is not an employee of the department as the department's agent to issue trail use stickers and collect the fees for these stickers.
Any person, including the department, who issues a trail use sticker shall collect in addition to the fee under par. (b)
an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the sticker.
The department shall establish by rule, procedures for issuing trail use stickers, and the department may promulgate rules regulating the activities of persons who are authorized to be agents under this paragraph.
(3m) Snowmobile registration and trail use sticker receipts. 350.12(3m)(a)(a)
Deposited in the conservation fund.
All moneys that are collected under this section and that are not issuing fees retained by agents appointed by the department shall be deposited in the conservation fund and credited to the snowmobile account established under s. 25.29 (1m)
On July 1 of each even-numbered year, the department shall estimate as accurately as possible the total registration receipts for a 2-year period and adjust the estimate periodically to reflect actual receipts.
The costs incurred by coroners or medical examiners in the submission of reports and blood specimens and by laboratories in the analysis of blood specimens under s. 350.155
The cost of a snowmobile safety and accident reporting program in the sum of $80,000 annually;
An amount necessary to pay the cost of law enforcement aids to counties as appropriated under s. 20.370 (5) (es)
. On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.
Enforcement aids to department.
Of the amounts appropriated under s. 20.370 (3) (ak)
, the department shall allocate $26,000 in each fiscal year to be used exclusively for the purchase of snowmobiles or trailers to carry snowmobiles, or both, to be used in state law enforcement efforts.
Trail aids and related costs.
The moneys appropriated under s. 20.370 (1) (mq)
and (5) (cb)
, and (cw)
shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:
State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $250 per mile per year maximum, except as provided in pars. (bg)
. Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.
Not more than $15,000 annually for a cooperative sign program with snowmobile clubs for club snowmobile trails open to the public and meeting minimum trail construction standards. Clubs may apply to the department for free signs on forms prescribed by the department and submit required documentation as prescribed by departmental rule on or before April 15 of each year.
Not more than $30,000 for a route signing program of aids to cities, villages, towns or counties of up to 100% of the cost of initial signing of snowmobile routes which connect authorized trails or which offer entrance to or exit from trails leading to such municipalities. Aid may be provided under this subdivision to cities, villages, towns and counties for up to 100% of the cost of placing signs developed under s. 350.108 (1) (b)
which briefly explain the intoxicated snowmobiling law along snowmobile routes. Applications and documentation shall be submitted to the department by April 15 of each year on forms prescribed by departmental rule.
For the maintenance, rehabilitation and development of snowmobile trails and areas on state lands and for major rehabilitation of snowmobile bridges, 100% of the actual cost for development and rehabilitation and 100% of the actual cost of maintaining the trails per year up to the per mile per year maximum specified under subd. 1.
Qualifying trails are those approved by the board. Trail routes, sizes and specifications shall be prescribed only by the board.