350.122(4)
(4) Requirements for registration: procedures, applications and decals. 350.122(4)(a)(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.
350.122(4)(b)
(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.
350.122(4)(c)
(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.
350.122(5)
(5) Registration information; records; tax collection. 350.122(5)(a)(a) The band shall provide registration information to the state in one of the following ways:
350.122(5)(a)1.
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.
350.122(5)(a)2.
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.
350.122(5)(b)
(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.
350.122(5)(c)
(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.
350.122(5)(d)
(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.
350.122(5)(e)
(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.
350.122(6)
(6) Applicability. This section does not apply unless the department and the band have in effect a written agreement under which the band agrees to comply with
subs. (2) to
(5) and that contains all of the following terms:
350.122(6)(a)
(a) The manner in which the band will limit its treaty-based right to fish outside the reservation.
350.122(6)(b)
(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.
350.122 History
History: 1997 a. 27.
350.125
350.125
Completion of application for registration by snowmobile dealers. 350.125(1)(a)(a) When a snowmobile dealer sells a snowmobile the dealer, at the time of sale, shall require the buyer to complete an application for a registration certificate, collect the required fee and mail the application and fee to the department no later than 5 days after the date of sale. The department shall provide combination application and receipt forms and the dealer shall furnish the buyer with a completed receipt showing that application for registration has been made. This completed receipt shall be in the possession of the user of the snowmobile until the registration certificate is received. No snowmobile dealer may charge an additional fee to the buyer for performing the service required under this subsection. No snowmobile dealer may perform this service for a registration under
s. 350.122
350.125(1)(b)
(b) When a snowmobile dealer sells a snowmobile to a person from another state who wishes to register the snowmobile in his or her home state or to a person who wishes to register the snowmobile under
s. 350.122, the dealer shall, at the time of sale, complete an application for a registration certificate and indicate on the application that the snowmobile is to be registered in another state or under
s. 350.122 and mail one copy to the department no later than 14 days after the date of sale, furnish the buyer with one copy and retain one copy for the dealer's records.
350.125(2)
(2) Every dealer shall maintain, for one year, a record in the form prescribed by the department for each new snowmobile sold. These records shall be open to inspection by the department.
350.13
350.13
Uniform trail signs and standards. The department of natural resources in cooperation with the department of transportation, after public hearing, shall promulgate rules to establish uniform trail and route signs and standards relating to operation thereon as authorized by law. The authority in charge of the maintenance of the highway may place signs on highways under its jurisdiction where authorized snowmobile trails cross. These signs must be of a type approved by the department of natural resources and the department of transportation.
350.135
350.135
Interferences with uniform trail signs and standards prohibited. 350.135(1)
(1) No person may intentionally remove, damage, deface, move or obstruct any uniform snowmobile trail sign or standard or intentionally interfere with the effective operation of any uniform snowmobile trail sign or standards if the sign or standard is legally placed by the state, any municipality or any authorized individual. This subsection does not apply to an authorized individual who removes or moves any uniform snowmobile trail sign or standard from his or her own property.
350.135(2)
(2) No person may possess any uniform snowmobile trail sign or standard of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform snowmobile trail sign or standard in a lawful manner. Possession of a uniform snowmobile trail sign or standard creates a rebuttable presumption of illegal possession.
350.135 History
History: 1981 c. 295;
1993 a. 119.
350.137
350.137
Uniform snowmobile rail crossing standards. 350.137(1)(1) The department, after having consulted with the snowmobile recreational council, shall promulgate rules to establish uniform maintenance standards and uniform design and construction standards for snowmobile rail crossings under
ss. 350.138 and
350.139.
350.137(2)
(2) The maintenance standards shall include requirements for the marking of snowmobile rail crossings and for the maintenance of adequate drainage of railroad rights-of-way. The design and construction standards shall include a list and a description of the frequency and speed of trains and the types of railroad tracks, embankments, ditches, snowmobile trail alignments and other configurations that do any of the following:
350.137(2)(a)
(a) Preclude the use of a proposed site for a snowmobile rail crossing because the site would be unsafe due to poor visibility of the proposed snowmobile rail crossing from the cab of a railroad engine.
350.137(2)(b)
(b) Make it difficult to construct a snowmobile rail crossing at a proposed site because of steep embankments or irregular terrain near the railroad track.
350.137(3)
(3) No rule may be promulgated under this section without the approval of the rule by the public service commission.
350.137 History
History: 1993 a. 120.
350.138
350.138
Snowmobile rail crossings requiring permits. 350.138(1)(b)
(b) "Rail authority" means a rail transit body or a railroad corporation.
350.138(1)(c)
(c) "Rail transit body" means any transit or transportation commission or authority or public corporation established by law or by interstate compact to provide rail service.
350.138(1)(d)
(d) "Snowmobile alliance" means an organization that consists of or represents any combination of 2 or more snowmobile clubs or counties.
350.138(1)(e)
(e) "Snowmobile club" means an organization that meets at least 3 times a year, that has at least 10 members, that promotes snowmobiling and that participates in the department's program under
s. 350.12 (4) (b) 2.
350.138(1)(f)
(f) "Snowmobile organization" means a snowmobile club, a snowmobile alliance or a county.
350.138(2)
(2) Permit required. No person may construct a snowmobile rail crossing that is not located on a railroad crossing of a public highway or street unless the person is a snowmobile organization and has a permit approved under this section. No person may maintain a snowmobile rail crossing that is not located on a railroad crossing of a public highway or street unless the person is a snowmobile organization and either the person has a permit approved under this section or the snowmobile rail crossing is an established snowmobile rail crossing. In order to obtain a permit required under this section, a snowmobile organization shall apply to the department. A separate permit is required for each snowmobile rail crossing subject to this section.
350.138(3)
(3) Contents of permit application. An application submitted under
sub. (2) shall include adequate descriptions and drawings showing the proposed location of the snowmobile rail crossing, the design of the snowmobile rail crossing and the location of snowmobile trails that connect with the snowmobile rail crossing. The department may reject an application within 15 days after it is submitted if the application is incomplete or is not sufficiently detailed to determine whether to approve or deny the application.
350.138(4)
(4) Permit application approval and denials. The department shall approve or deny an application submitted under
sub. (2) within 60 days after receiving a complete and sufficiently detailed application. The department may deny an application only if the department determines that the proposed snowmobile rail crossing does not comply with the rules promulgated under
s. 350.137.
350.138(5)
(5) Charges. The department may charge an initial application fee not to exceed $150 for the costs of reviewing a permit application under
sub. (4). Neither a rail authority nor the department may charge any other fee or amount for the construction or use of a snowmobile rail crossing or for the use of the right-of-way for the crossing.
350.138(6)
(6) Liability insurance. The department shall require a snowmobile organization to maintain in effect liability insurance to indemnify the applicable rail authority for damages resulting from the design, construction or maintenance of a snowmobile rail crossing for which a permit is approved under this section. Regardless of the number of snowmobile rail crossings that the snowmobile organization maintains under this section and
s. 350.139, the amount of the liability insurance that is required to be maintained under this subsection shall be at least $1,000,000 for each snowmobile organization. Beginning on January 1, 1997, this minimum amount shall increase to $2,000,000. Any liability insurance that is required under this subsection for the purpose of indemnifying a rail authority that is a rail transit body shall also indemnify the owners and operators of any railroad using the tracks of the rail transit body.
350.138(7)
(7) Rights-of-way. For each application approved under
sub. (4), the applicable rail authority shall give the snowmobile organization access to any right-of-way that the rail authority may have to permit the snowmobile organization to construct and maintain the snowmobile rail crossing.
350.138(8)(a)(a) The initial period for a permit approved under this section shall be 11 years. Unless
par. (b) applies, the department shall renew the permit for additional periods of time, not to exceed 11 years per renewal, as determined by the department, until the snowmobile rail crossing becomes an established snowmobile rail crossing.
350.138(8)(b)
(b) The department may revoke or refuse to renew a permit that it previously approved only if the department determines that the snowmobile rail crossing is not constructed or maintained in compliance with the rules promulgated under
s. 350.137, the snowmobile organization does not maintain any liability insurance that is required under
sub. (6) or the snowmobile rail crossing is not maintained for use by snowmobiles for at least 5 winters in any 10-year period. The 10-year period for purposes of this paragraph shall begin on the first December 15 following the date of the issuance of the permit.
350.138(9)
(9) Inspection authorized. The department may inspect a snowmobile rail crossing to determine whether there are grounds to refuse to issue a permit under
sub. (4) or to revoke or refuse to renew a permit under
sub. (8) (b).
350.138 History
History: 1993 a. 120.
350.139
350.139
Established snowmobile rail crossings. 350.139(1)(a)
(a) "Established snowmobile rail crossing" means a snowmobile rail crossing that has been used by snowmobiles for at least 5 winters of the last 10 years.
350.139(2)
(2) No permit required. An established snowmobile rail crossing does not require a permit under
s. 350.138.
350.139(3)
(3) Charges prohibited. Neither the department nor a rail authority may charge a fee or any other amount for the use of an established snowmobile rail crossing or for the use of a right-of-way for the established snowmobile rail crossing.
350.139(4)
(4) Requirements. The department shall require a snowmobile organization that maintains an established snowmobile rail crossing to do all of the following:
350.139(4)(a)
(a) Maintain the established snowmobile rail crossing in conformance with the rules promulgated under
s. 350.137.
350.139(4)(b)
(b) Maintain in effect liability insurance to indemnify the applicable rail authority for damages resulting from the design, construction or maintenance of the established snowmobile rail crossing. Regardless of the number of established snowmobile rail crossings and snowmobile rail crossings under
s. 350.138 that each snowmobile organization maintains, the amount of the liability insurance that is required to be maintained under this paragraph shall be at least $1,000,000 for each snowmobile organization. Beginning on January 1, 1997, this minimum amount shall increase to $2,000,000. Any liability insurance that is required under this paragraph for the purpose of indemnifying a rail authority that is a rail transit body shall also indemnify the owners and operators of any railroad using the tracks of the rail transit body.
350.139(5)
(5) Inspection authorized. The department may inspect an established snowmobile rail crossing to determine whether the snowmobile organization maintaining the crossing is in compliance with the requirements imposed under
sub. (4).
350.139 History
History: 1993 a. 120.
350.1395
350.1395
Snowmobile rail crossings; closing; review of rail authorities; insurance rules. 350.1395(1)(a)
(a) "Established snowmobile rail crossing" means a snowmobile rail crossing that has been used by snowmobiles for at least 5 winters of the last 10 years.
350.1395(2)(a)(a) Except as provided in
par. (b), no rail authority may close or remove a snowmobile rail crossing subject to a permit under
s. 350.138 or an established snowmobile rail crossing.
350.1395(2)(b)
(b) A rail authority may petition the department to review any failure of a snowmobile organization to comply with any requirements imposed under
s. 350.138 or
350.139 (4), and to issue an order authorizing the rail authority to close or remove an established snowmobile rail crossing. The department shall decide the matter after notice and hearing. The order issued by the department is a final order of the department subject to judicial review under
ch. 227.
350.1395(3)
(3) Review of actions of rail authority. A snowmobile organization may request the department to review any failure of the rail authority to comply with
s. 350.138 or
350.139 or this section. The department shall decide the matter after notice and hearing. If the department finds that the rail authority failed to comply, the department shall issue an order directing the rail authority to take appropriate action in order to comply with this section. The order issued by the department is a final order of the department subject to judicial review under
ch. 227.
350.1395(4)(a)(a) The department may promulgate rules to increase the minimum amounts of liability insurance required under
ss. 350.138 (6) and
350.139 (4) (b) based on the need for, and the availability and affordability of, such insurance.
350.1395(4)(b)
(b) No rule may be promulgated under this subsection without approval of the rule by the public service commission.
350.1395 History
History: 1993 a. 120.
350.14
350.14
Duties of snowmobile recreational council. 350.14(1)(1) The snowmobile recreational council shall carry out studies and make recommendations to the legislature, governor, department of natural resources and department of transportation on all matters related to this chapter or otherwise affecting snowmobiles and snowmobiling.
350.14(2)
(2) The department shall prepare written minutes of each meeting of the snowmobile recreational council and shall make them available to any interested party upon request.
350.14 History
History: 1971 c. 277;
1991 a. 39.
350.145
350.145
Recommendations of the snowmobile recreational council. 350.145(1)(1)
Procedure required. To assist the snowmobile recreational council in performing its duty to make recommendations under
s. 350.14 (1), the department and the snowmobile recreational council shall follow the procedures under
sub. (2).
350.145(2)(a)(a) The department shall distribute any rule that it is proposing and that affects snowmobiles or snowmobiling to each member of the snowmobile recreational council for his or her review and comment at least 20 days before the notice stating that the proposed rule is in final draft form is submitted to the legislature in the manner provided under
s. 227.19 (2). A member of the snowmobile recreational council may submit his or her written comments on the proposed rule to the department.
