AB100: Bill Text Engrossed

AB100-engrossed,1937,4 346.94 (13) Abandoned motor vehicles. No person may cause a motor vehicle to be abandoned, within the meaning of s. 342.40 (1) (1m) or (4) (b) 1., on or along any highway or on any public or private property.

AB100-engrossed, s. 4177g Section 4177g. 346.945 (1) (a) of the statutes is amended to read:

AB100-engrossed,1937,8 346.945 (1) (a) The Subject to s. 346.01 (2), the owner of a vehicle involved in a violation of s. 346.94 (16) shall be presumed liable for the violation as provided in this section.

AB100-engrossed, s. 4177m Section 4177m. 347.02 (1) (h) of the statutes is amended to read:

AB100-engrossed,1937,10 347.02 (1) (h) Golf carts operated in accordance with s. 349.18 (1) (b) or (c).

AB100-engrossed, s. 4179gg Section 4179gg. 347.413 (1) of the statutes is amended to read:

AB100-engrossed,1937,24 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of, or violate any requirement established by the department regarding, an ignition interlock device installed in response to the court order under s. ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or, to make necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department or as the result of the person defaulting on any agreement with a service provider, as defined in s. 110.10 (1) (b). No person may aid or allow any other person to operate a motor vehicle without a functioning ignition interlock device if that other person has been restricted to operating a motor vehicle equipped with an ignition interlock device under ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6).

AB100-engrossed, s. 4179gm Section 4179gm. 347.413 (3) of the statutes is amended to read:

AB100-engrossed,1938,5 347.413 (3) The department shall design a warning label which shall be affixed to each ignition interlock device upon installation. The label shall provide notice of the penalties for tampering with or circumventing the operation of the ignition interlock device under sub. (1) and s. ss. 343.10 (5) (a) 3. and 4., 343.30 (1q) (b) 2., 3. and 4. and 343.305 (10) (b) 2., 3. and 4.

AB100-engrossed, s. 4179gr Section 4179gr. 347.50 (1t) of the statutes is created to read:

AB100-engrossed,1938,12 347.50 (1t) If the department determines that a person restricted to operating a motor vehicle equipped with an ignition interlock device has tampered with that ignition interlock device, the department shall increase the period of the ignition interlock device restriction on the person's operating privilege by the amount of time from the issuance of the ignition interlock device restriction on his or her operating privilege to the date of the tampering.

AB100-engrossed, s. 4179jac Section 4179jac. 348.07 (2) (c) of the statutes is amended to read:

AB100-engrossed,1938,14 348.07 (2) (c) 45 feet for mobile homes and motor buses;

AB100-engrossed, s. 4179m Section 4179m. 348.21 (2) (b) of the statutes is amended to read:

AB100-engrossed,1939,5 348.21 (2) (b) If the load on any wheel, axle or group of axles does not exceed the weight prescribed in s. 348.15 (3) or 348.16 or in a declaration issued under s. 348.175 by more than 1,000 2,000 pounds and if such excess can be reloaded within the normal load carrying areas, on any other wheel, axle or axles, so that all wheels and axles are then within the statutory limits, the operator may reload as provided in this paragraph. A total of 1,000 2,000 pounds per vehicle or combination of vehicles may be reloaded under this subsection. If reloading is accomplished and all axles or group of axles are within the legal limits, no forfeiture may be imposed. A vehicle or combination of vehicles under this subsection which is not reloaded may continue to be operated upon the highway, but a forfeiture of $50 shall be imposed for failure to reload. This forfeiture shall be paid upon the basis of the citation issued by the official to the court named in the citation. Failure to pay shall subject the operator to the penalty in par. (a) or sub. (3) (a). Violations under this subsection shall not be considered as violations or prior convictions under par. (a) or sub. (3) (a) or (b).

AB100-engrossed, s. 4180 Section 4180. 348.26 (2) of the statutes is amended to read:

AB100-engrossed,1939,19 348.26 (2) Permits for oversize or overweight vehicles or loads. Except as provided in sub. (4), single trip permits for oversize or overweight vehicles or loads may be issued by the department for use of the state trunk highways and by the officer in charge of maintenance of the highway to be used in the case of other highways. Such local officials also may issue such single trip permits for use of state trunk highways within the county or municipality which they represent. Every single trip permit shall designate the route to be used by the permittee. Whenever the officer or agency issuing such permit deems it necessary to have a traffic officer accompany escort the vehicle through the municipality or county, a reasonable charge fee for such traffic officer's services shall be paid by the permittee. All moneys received from fees imposed by the department under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (5) (dg).

AB100-engrossed, s. 4180k Section 4180k. 348.27 (9m) (a) 1. of the statutes is amended to read:

AB100-engrossed,1940,2 348.27 (9m) (a) 1. Raw forest products or of fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on highways designated as part of the national system of interstate and defense highways, except on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties.

AB100-engrossed, s. 4180m Section 4180m. 348.27 (9m) (a) 3. of the statutes is created to read:

AB100-engrossed,1940,11 348.27 (9m) (a) 3. Bulk potatoes from storage facilities to food processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit under this subdivision is not valid on highways designated as part of the national system of interstate and defense highways, except on USH 51 between STH 64 near Merrill and STH 29 south of Wausau in Lincoln and Marathon counties, and on I 39 between STH 29 south of Wausau and the I 90/94 interchange near Portage in Marathon, Portage, Waushara, Marquette and Columbia counties.

AB100-engrossed, s. 4180p Section 4180p. 348.27 (9m) (b) of the statutes is amended to read:

AB100-engrossed,1940,18 348.27 (9m) (b) A permit issued under par. (a) does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. This subsection does not apply to highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB100-engrossed, s. 4181m Section 4181m. 349.13 (1) of the statutes is renumbered 349.13 (1e).

AB100-engrossed, s. 4182m Section 4182m. 349.13 (1b) of the statutes is created to read:

AB100-engrossed,1940,22 349.13 (1b) In this section, "owner" includes the lessee of a vehicle if the vehicle is registered, or required to be registered, by the lessee under ch. 341.

AB100-engrossed, s. 4183m Section 4183m. 349.13 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,1941,3 349.13 (2) (intro.) Except as provided in this subsection, neither the department nor local authorities may extend stopping, standing or parking privileges to areas where stopping, standing or parking is prohibited by ch. 346. The department and local authorities, with respect to highways under their respective jurisdictions as described in sub. (1) (1e) may:

AB100-engrossed, s. 4184m Section 4184m. 349.137 (1) (a) of the statutes, as created by 1995 Wisconsin Act 434, is repealed.

AB100-engrossed, s. 4185m Section 4185m. 349.137 (3) (c) 2. e. of the statutes, as created by 1995 Wisconsin Act 434, is amended to read:

AB100-engrossed,1941,12 349.137 (3) (c) 2. e. That, if a parking enforcer uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking, the owner, lessee or operator shall not be required to pay a removal fee and the parking enforcer shall be liable to the owner or, lessee or operator of the motor vehicle for an amount equal to the removal fee.

AB100-engrossed, s. 4186m Section 4186m. 349.137 (3) (f) of the statutes, as created by 1995 Wisconsin Act 434, is amended to read:

AB100-engrossed,1941,17 349.137 (3) (f) Require that, whenever a deferral agreement is signed, the parking enforcer provide the owner, lessee or operator of the motor vehicle a copy of the signed deferral agreement.

AB100-engrossed, s. 4187g Section 4187g. 349.137 (3) (h) of the statutes, as created by 1995 Wisconsin Act 434, is amended to read:

AB100-engrossed,1941,24 349.137 (3) (h) Require a parking enforcer who uses an immobilization device on a motor vehicle that is not parked in violation of a restriction against unauthorized parking to pay an amount equal to the removal fee to the owner, lessee or operator of the motor vehicle within 14 days after the determination that the immobilization device was used improperly.

AB100-engrossed, s. 4187m Section 4187m. 349.18 (1) (c) of the statutes is created to read:

AB100-engrossed,1942,4 349.18 (1) (c) Regulate the operation of a golf cart to and from a golf course for a distance not to exceed one mile upon a highway under its exclusive jurisdiction. The city, village or town shall place a sign of a type approved by the department to mark any golf cart travel route designated by the ordinance.

AB100-engrossed, s. 4189 Section 4189. 350.108 (2) of the statutes is amended to read:

AB100-engrossed,1942,8 350.108 (2) The department shall develop and issue an educational pamphlet on the intoxicated snowmobiling law to be distributed, beginning in 1989, to persons issued snowmobile registration certificates under s. 350.12 or 350.122.

AB100-engrossed, s. 4189g Section 4189g. 350.11 (1) (a) of the statutes is amended to read:

AB100-engrossed,1942,11 350.11 (1) (a) Except as provided in par. (b) and subs. (2g), (2m) and (3), any person who violates any provision of this chapter shall forfeit not more than $250.

AB100-engrossed, s. 4189m Section 4189m. 350.11 (1) (b) of the statutes is amended to read:

AB100-engrossed,1942,16 350.11 (1) (b) Except as provided in subs. (2g), (2m) and (3), any person who violates any provision of this chapter and who, within the last 3 years prior to the conviction for the current violation, was 2 or more times previously convicted for violating the same provision of this chapter shall forfeit not more than $500.

AB100-engrossed, s. 4189r Section 4189r. 350.11 (2g) of the statutes is created to read:

AB100-engrossed,1942,19 350.11 (2g) Any person who violates s. 350.12 (3j) shall forfeit not more than $1,000.

AB100-engrossed, s. 4189t Section 4189t. 350.12 (title) of the statutes is amended to read:

AB100-engrossed,1942,21 350.12 (title) Registration of snowmobiles ; trail use stickers.

AB100-engrossed, s. 4190 Section 4190. 350.12 (3) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1943,16 350.12 (3) (a) (intro.) 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 by 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 the July 1 prior to the date of application if registration is made prior to April 1 and beginning 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 $20 except 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.

AB100-engrossed, s. 4190g Section 4190g. 350.12 (3j) of the statutes is created to read:

AB100-engrossed,1943,21 350.12 (3j) Trail use stickers. (a) 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 snowmobile trail in this state unless a trail use sticker issued under this subsection is displayed on the snowmobile.

AB100-engrossed,1943,24 (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $10. A trail use sticker issued for such a snowmobile may be issued only by the department and is valid for one year.

AB100-engrossed,1944,6 (c) There is no fee for a trail use sticker issued for a snowmobile that is registered under this section or s. 23.35 or 350.122. 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 or 350.122 with a supply of trail use stickers.

AB100-engrossed,1944,8 (d) A snowmobile that is exempt from registration under sub. (2) (a) is exempt from having a trail use sticker displayed under par. (a).

AB100-engrossed, s. 4190r Section 4190r. 350.12 (3m) (title) of the statutes is amended to read:

AB100-engrossed,1944,10 350.12 (3m) (title) Snowmobile registration and trail use sticker receipts.

AB100-engrossed, s. 4191 Section 4191. 350.12 (4) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,1944,14 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (aq), (5) (es) and (mw) and (8) (dq) (9) (mu) and (mw) may be used for the following:

AB100-engrossed, s. 4192 Section 4192. 350.12 (4) (c) of the statutes is renumbered 350.12 (4) (c) 1. and amended to read:

AB100-engrossed,1944,20 350.12 (4) (c) 1. Any moneys appropriated under s. 20.370 (1) (mq), (3) (aq), (5) (mw) or (8) (dq) or (9) (mw) that lapse at the end of the fiscal year or that lapse after the end of the fiscal year because of the liquidation of an encumbrance shall revert to the snowmobile account in the conservation fund.

AB100-engrossed, s. 4193 Section 4193. 350.12 (4) (c) 2. of the statutes is created to read:

AB100-engrossed,1945,2 350.12 (4) (c) 2. If any moneys appropriated under s. 20.370 (9) (mu) lapse, a portion of those moneys shall revert to the snowmobile account in the conservation fund. The department shall calculate that portion by multiplying the total amount lapsing from the appropriation by the same percentage the department used for the fiscal year to determine the amount to be expended under the appropriation for snowmobile registration.

AB100-engrossed, s. 4193g Section 4193g. 350.12 (5) (title) of the statutes is amended to read:

AB100-engrossed,1945,4 350.12 (5) (title) Registration decals and trail use stickers to be displayed.

AB100-engrossed, s. 4193r Section 4193r. 350.12 (5) (a) of the statutes is amended to read:

AB100-engrossed,1945,11 350.12 (5) (a) The owner of the snowmobile shall attach the registration decals to the snowmobile in a prominent place, and shall maintain the registration decals in a legible condition at all times. Decals shall be not larger than 3 inches in height and 6 inches in width. Registration decals are to be applied on both sides of the cowling of the snowmobile. The owner of the snowmobile shall attach the trail use sticker to the snowmobile in the manner promulgated by rule by the department.

AB100-engrossed, s. 4194 Section 4194. 350.122 of the statutes is created to read:

AB100-engrossed,1945,14 350.122 Lac du Flambeau registration program. (1) Definitions. In this section:

AB100-engrossed,1945,15 (a) "Band" means the Lac du Flambeau band of Lake Superior Chippewa.

AB100-engrossed,1945,17 (b) "Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.

AB100-engrossed,1945,24 (2) Authorization for issuance. The band may issue registration certificates for public use or private use for snowmobiles that are equivalent to the registration certificates for public use or private use that are issued by the department. The band may not register snowmobiles as antiques and may not issue registration certificates to political subdivisions of this state. The band may renew and transfer a registration certificate that it or the department has issued. The band may issue duplicates of only those registration certificates that it issues under this section.

AB100-engrossed,1946,8 (3) Requirements for issuance; fees; periods of validity. (a) For issuing or renewing any registration certificate under this section, the band shall collect the same fee that would be collected for the equivalent registration certificate under s. 350.12 (3) (a). For transferring a registration certificate under this section, the band shall collect the same fee that would be collected for the transfer under s. 350.12 (3) (a) 3. For issuing a duplicate registration certificate under this section, the band shall collect the same fee that would be collected for the duplicate under s. 350.12 (3) (e).

AB100-engrossed,1946,11 (b) The band may not issue, renew or otherwise process registration certificates under this section in conjunction with discount coupons or as part of a promotion or other merchandising offer.

AB100-engrossed,1946,14 (c) For a registration certificate issued, transferred or renewed under this section, the period of validity shall be the same as it would be for the equivalent registration certificate under s. 350.12 (3) (a).

AB100-engrossed,1946,16 (d) The band may issue, renew or otherwise process registration certificates under this section only to persons who appear in person on the reservation.

AB100-engrossed,1946,20 (4) Requirements for registration: procedures, applications and decals. (a) The band shall use registration applications and certificates that are substantially similar to those under s. 350.12 with regard to length, legibility and information content.

AB100-engrossed,1946,23 (b) The band shall use registration decals that are substantially similar to those under s. 350.12 with regard to color, size, legibility, information content, and placement on the snowmobile.

AB100-engrossed,1946,25 (c) The band shall use a sequential numbering system that includes a series of letters or initials that identify the band as the issuing authority.

AB100-engrossed,1947,4 (d) The band shall establish procedures that are substantially similar to the procedures specified in s. 350.12 (3) (a) 2., 3. and 4., (5) (d) and (6) and to the procedures to be used for validating applications for purposes of s. 350.12 (5) (b) and (c).

AB100-engrossed,1947,6 (5) Registration information; records; tax collection. (a) The band shall provide registration information to the state in one of the following ways:

AB100-engrossed,1947,10 1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described under sub. (6), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.

AB100-engrossed,1947,14 2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.

AB100-engrossed,1947,18 (b) Before June 1 annually, the band shall submit a report to the department notifying it of the number of each type of registration certificate that the band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.

AB100-engrossed,1947,22 (c) For law enforcement purposes, the band shall make available for inspection by the department during normal business hours the band's records of all registration certificates issued, renewed or otherwise processed, including copies of all applications made for certificates.

AB100-engrossed,1948,2 (d) The band shall ensure that a record of each registration certificate issued, renewed or otherwise processed under this section, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.

AB100-engrossed,1948,7 (e) The band shall collect the sales and use taxes due under s. 77.61 (1) on any snowmobile registered under this section and make the report in respect to those taxes. The band shall use collection and accounting methods approved by the department of revenue. On or before the 15th day of each month, the band shall pay to the department of revenue all taxes that the band collected in the previous month.

AB100-engrossed,1948,11 (6) Applicability. This section does not apply unless the department and the band have in effect a written agreement, approved by the joint committee on finance, under which the band agrees to comply with subs. (2) to (5) and that contains all of the following terms:

AB100-engrossed,1948,13 (a) The manner in which the band will limit its treaty-based right to fish outside the reservation.

AB100-engrossed,1948,16 (b) A requirement that the fees collected by the band under sub. (3) be used only for a program for registering snowmobiles, for regulating snowmobiles and snowmobiling and for providing snowmobile trails, and snowmobile facilities.