LRB-4661/2
MGG:kmg:km
1999 - 2000 LEGISLATURE
March 16, 2000 - Introduced by Representatives Johnsrud and Hutchison,
cosponsored by Senators Decker, Burke, Roessler, Breske and Moen.
Referred to Committee on Natural Resources.
AB886,1,12
1An Act to repeal 350.02 (2) (b) 6. and 350.10 (1) (a);
to renumber and amend
2350.10 (1) (g) and 350.10 (1) (i);
to amend 29.934 (1) (a), 59.54 (14) (g), 350.02
3(2) (a) 6., 350.1025, 350.11 (3) (a) 1., 350.11 (3) (a) 2., 350.11 (3) (a) 3., 350.11 (3)
4(a) 4., 350.11 (3) (b), 350.11 (3) (bm) and 350.12 (3) (a) (intro.); and
to create
529.934 (1) (cm), 350.025, 350.11 (3) (a) 5., 350.11 (3) (bg), 350.11 (3m), 350.11 (5)
6and 350.113 of the statutes;
relating to: revocation of the privilege to operate
7snowmobiles for violations of the intoxicated snowmobiling law; speed
8restrictions on the operation of snowmobiles; confiscation of snowmobiles after
9conviction under the intoxicated snowmobiling law or for failure to stop a
10snowmobile in response to a law enforcement officer; increasing the public-use
11snowmobile registration fee; snowmobile trail aids to counties; making
12appropriations; and providing penalties.
Analysis by the Legislative Reference Bureau
This bill requires a court to revoke a person's privilege to operate a snowmobile
for violating the intoxicated snowmobiling law, other than the absolute sobriety
requirement for persons who are 18 years old or younger, and for violating the refusal
law. The intoxicated snowmobiling law prohibits the operation of a snowmobile by
a person who is under the influence of alcohol or a controlled substance to a degree
that he or she cannot operate a snowmobile safely. The bill also prohibits the
operation of a snowmobile by a person who has an alcohol concentration of 0.1 or
more. The refusal law requires a person to submit to a legal request for a breath,
blood or urine sample pursuant to an arrest for violating the intoxicated
snowmobiling law. The periods of revocation are as follows:
1. For a period of one year for the first violation or for a subsequent violation,
if the arrest for the subsequent violation occurs more than five years after the date
of the conviction for the previous violation.
2. For a period of two years for the second violation, if the arrest for the second
violation occurs within five years after the date of the conviction for the first
violation.
3. For a period of three years for the third or subsequent violation if the arrest
for the third or subsequent violation occurs within five years after the date of the
conviction for the second or subsequent violation.
4. For a period of one year for a violation of the refusal law if the violator is 18
years old or younger.
The bill also provides a penalty for operating a snowmobile during revocation.
Current law does not provide for the revocation of a person's privilege to operate a
snowmobile for violating the intoxicated snowmobiling law. Also, in addition to any
forfeiture, fine or period of jail time imposed by a court for a violation of the
intoxicated snowmobiling law or for operating a snowmobile during revocation,
under this bill the court may order the defendant to perform community service
work.
The bill requires a snowmobile to be seized and confiscated if it is used by a
person to which the three-year period of revocation applies and authorizes a
snowmobile to be seized and confiscated if it is used by a person who fails to stop a
snowmobile when requested to do so by a law enforcement officer. The bill allows the
department of natural resources (DNR) to sell any snowmobile confiscated for these
snowmobiling violations or to use it in its snowmobile safety program. The bill also
allows any snowmobile confiscated for violations of the fish and game laws to be used
in this program. DNR already has authority to sell such a snowmobile under current
law.
Finally, this bill imposes a specific statutory speed limit of 50 miles per hour on
the operation of a snowmobile from sunset to sunrise on a snowmobile trail, route and
other area that is open to the public for the operation of snowmobiles. Under current
law, the only other specific statutory restrictions apply to the operation of a
snowmobile within a certain distance of a dwelling at nighttime or on the ice within
a certain distance of a fishing shanty or a person on foot. Also, under current law,
a snowmobile operator must observe the roadway speed limit when he or she is riding
adjacent to a roadway. This bill expands this requirement to include the roadway
itself.
Under current law, the registration fee for a snowmobile that is not an antique
and that is not used exclusively on property owned by the snowmobile owner or his
or her family is $20. The period of validity for the registration is from 15 months to
24 months depending on when, during a two-year period, the snowmobile is
registered. This bill raises the fee from $20 to $50.
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:
AB886, s. 1
1Section
1. 29.934 (1) (a) of the statutes is amended to read:
AB886,3,102
29.934
(1) (a) All wild animals, carcasses or plants that are confiscated by the
3department and all confiscated vehicles, boats or objects shall, if not destroyed as
4authorized by law, be sold
, except as provided in par. (cm), at the highest price
5obtainable, by the department, or by an agent on commission under supervision of
6the department. The net proceeds of sales under this subsection, after deducting the
7expense of seizure and sale and any commissions and any amounts owing to holders
8of security interests under par. (c) or (d), shall be remitted to the department. The
9remittance shall be accompanied by a report of the sales, supported by vouchers for
10expenses and commissions, and shall be filed with the department.
AB886, s. 2
11Section
2. 29.934 (1) (cm) of the statutes is created to read:
AB886,3,1412
29.934
(1) (cm) The department may retain and use a snowmobile confiscated
13under this section or under s. 350.113 for the program of instruction established
14under s. 350.055.
AB886, s. 3
15Section
3. 59.54 (14) (g) of the statutes is amended to read:
AB886,4,616
59.54
(14) (g) A county may establish extensions of the jail, which need not be
17at the county seat, to serve as places of temporary confinement. No person may be
18detained in such an extension for more than 24 consecutive hours, except that a court
1may order that a person subject to imprisonment under s. 23.33 (13) (b) 2. or 3. or (c)
2or 350.11 (3) (a) 2. or 3. or (b)
or (3m) be imprisoned for more than 24 consecutive
3hours in such an extension. Jail extensions shall be subject to plans and
4specifications approval by the department of corrections and shall conform to other
5requirements imposed by law on jails, except that cells may be designed and used for
6multiple occupancy.
AB886, s. 4
7Section
4. 350.02 (2) (a) 6. of the statutes is amended to read:
AB886,4,138
350.02
(2) (a) 6. On a portion of the roadway or shoulder of a highway for a
9purpose of residential access or for the purpose of access from lodging if the town, city
10or village, within which that portion of the highway lies, enacts an ordinance under
11s. 350.18 (3) for that portion of the highway.
A snowmobile operated on a portion of
12the roadway or shoulder of a highway under this subdivision shall observe the
13roadway speed limits.
AB886, s. 5
14Section
5. 350.02 (2) (b) 6. of the statutes is repealed.
AB886, s. 6
15Section
6. 350.025 of the statutes is created to read:
AB886,4,17
16350.025 Speed restrictions. (1) No person may operate a snowmobile at a
17rate of speed that is any of the following:
AB886,4,1818
(a)
Unreasonable or improper under the circumstances.
AB886,4,2019
(b)
In excess of a roadway speed limit established under s. 346.57 or 349.11 if
20the person is operating the snowmobile on or adjacent to a roadway.
AB886,4,2221
(c) In excess of any speed limit established by a county, town, city or village
22under its authority under s. 350.18 (1).
AB886,5,223
(d)
In excess of 50 miles per hour if the person is operating the snowmobile
24during the period from sunset to sunrise on a snowmobile route, a snowmobile trail
1or any other corridor or area that is open to the public for the operation of
2snowmobiles.
AB886,5,4
3(2) Subsection (1) (b) and (c) does not apply if the person is operating the
4snowmobile as part of a special snowmobile event authorized under s. 350.04.
AB886, s. 7
5Section
7. 350.10 (1) (a) of the statutes is repealed.
AB886, s. 8
6Section
8. 350.10 (1) (g) of the statutes is renumbered 350.025 (1) (e) and
7amended to read:
AB886,5,108
350.025
(1) (e)
Between In excess of 10 miles per hour if the person is operating
9the snowmobile between the hours of 10:30 p.m. and 7 a.m.
when and within 150 feet
10of a dwelling
at a rate of speed exceeding 10 miles per hour.
AB886, s. 9
11Section
9. 350.10 (1) (i) of the statutes is renumbered 350.025 (1) (f) and
12amended to read:
AB886,5,1613
350.025
(1) (f)
On In excess of 10 miles per hour if the person is operating the
14snowmobile on the frozen surface of public waters within 100 feet of a person not in
15or upon a vehicle or within 100 feet of a fishing shanty
unless operated at a speed of
1610 miles per hour or less.
AB886, s. 10
17Section
10. 350.1025 of the statutes is amended to read:
AB886,6,2
18350.1025 Application of intoxicated snowmobiling law. Except as
19provided in this section, the intoxicated snowmobiling law
is and the prohibition
20under s. 350. 11 (3) (bg) are applicable to all property, whether the property is publicly
21or privately owned and whether or not a fee is charged for the use of that property.
22The intoxicated snowmobiling law
does and the prohibition under s. 350.11 (3) (bg)
23do not apply to the operation of a snowmobile on private land not designated as a
24snowmobile trail unless an accident involving personal injury occurs as the result of
1the operation of a snowmobile and the snowmobile was operated on the private land
2without the consent of the owner of that land.
AB886, s. 11
3Section
11. 350.11 (3) (a) 1. of the statutes is amended to read:
AB886,6,64
350.11
(3) (a) 1. Except as provided under subds. 2. and 3., a person who violates
5s. 350.101 (1) (a) or (b) or
s. 350.104 (5) shall forfeit not less than $400 nor more than
6$550
and shall have his or her privilege to operate a snowmobile revoked for one year.
AB886, s. 12
7Section
12. 350.11 (3) (a) 2. of the statutes is amended to read:
AB886,6,138
350.11
(3) (a) 2. Except as provided under subd. 3., a person who violates s.
9350.101 (1) (a) or (b) or 350.104 (5) and who, within 5 years prior to the arrest for the
10current violation, was convicted previously under the intoxicated snowmobiling law
11or the refusal law shall be fined not less than $300 nor more than $1,000
and, shall
12be imprisoned
for not less than 5 days nor more than 6 months
and shall have his or
13her privilege to operate a snowmobile revoked for 2 years.
AB886, s. 13
14Section
13. 350.11 (3) (a) 3. of the statutes is amended to read:
AB886,6,2015
350.11
(3) (a) 3. A person who violates s. 350.101 (1) (a) or (b) or 350.104 (5) and
16who, within 5 years prior to the arrest for the current violation, was convicted 2 or
17more times previously under the intoxicated snowmobiling law or refusal law shall
18be fined not less than $600 nor more than $2,000
and, shall be imprisoned
for not less
19than 30 days nor more than one year in the county jail
and shall have his or her
20privilege to operate a snowmobile revoked for 3 years.
AB886, s. 14
21Section
14. 350.11 (3) (a) 4. of the statutes is amended to read:
AB886,6,2322
350.11
(3) (a) 4. A person who violates s. 350.101 (1) (c)
or 350.104 (5) and who
23has not attained the age of 19 shall forfeit not more than $50.
AB886, s. 15
24Section
15. 350.11 (3) (a) 5. of the statutes is created to read:
AB886,7,3
1350.11
(3) (a) 5. A person who violates s. 350.104 (5) and who has not attained
2the age of 19 shall forfeit not more than $50 and shall have his or her privilege to
3operate a snowmobile revoked for one year.
AB886, s. 16
4Section
16. 350.11 (3) (b) of the statutes is amended to read:
AB886,7,95
350.11
(3) (b)
Penalties related to failure to stop; and for causing injury while
6under the influence of intoxicants. A person who violates s. 350.101 (2)
or 350.17 (2) 7shall be fined not less than $300 nor more than $2,000
and may, shall be imprisoned
8for not less than 30 days nor more than one year in the county jail
and shall have his
9or her privilege to operate a snowmobile revoked for 2 years.
AB886, s. 17
10Section
17. 350.11 (3) (bg) of the statutes is created to read:
AB886,7,1411
350.11
(3) (bg)
Operation during revocation. No person whose operating
12privilege has been revoked under par. (a) or (b) may operate a snowmobile during the
13period of revocation. Any person who violates this paragraph shall be fined not more
14than $2,500 and imprisoned for not more than one year in the county jail.
AB886, s. 18
15Section
18. 350.11 (3) (bm) of the statutes is amended to read:
AB886,7,1916
350.11
(3) (bm)
Sentence of detention. The legislature intends that courts use
17the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
18to par. (a) 2. or 3. or (b)
or sub. (3m). The use of this option can result in significant
19cost savings for the state and local governments.
AB886, s. 19
20Section
19. 350.11 (3m) of the statutes is created to read:
AB886,7,2321
350.11
(3m) Any person who violates s. 350.17 (2) shall be fined not less than
22$300 nor more than $2,000 and imprisoned for not less than 30 days nor more than
23one year in the county jail.
AB886, s. 20
24Section
20. 350.11 (5) of the statutes is created to read:
AB886,8,3
1350.11
(5) In addition to any penalty imposed under sub. (3), the court may
2order the defendant to perform community service work administered by a public
3agency or a nonprofit charitable organization approved by the court.
AB886, s. 21
4Section
21. 350.113 of the statutes is created to read:
AB886,8,12
5350.113 Seizure and confiscation of snowmobiles. (1)
Intoxicated
6snowmobiling. A law enforcement officer shall seize a snowmobile, and the
7department shall hold the snowmobile, subject to the order of the circuit court for the
8county in which the alleged violation was committed, if the law enforcement officer
9has probable cause to believe that the snowmobile is being used to commit a violation
10for which a penalty may be imposed under s. 350.11 (3) (a) 3. If it is proven that
11within 6 months previous to the seizure the snowmobile was used in such a violation,
12the court in its order for judgment shall direct that the snowmobile be confiscated.
AB886,8,19
13(2) Refusal to stop. A law enforcement officer may seize a snowmobile, and
14the department shall hold any such snowmobile, subject to the order of the circuit
15court for the county in which the alleged violation was committed, if the law
16enforcement officer has probable cause to believe that the snowmobile is being used
17to commit a violation of s. 350.17 (2). If it is proven that within 6 months previous
18to the seizure the snowmobile was used in such a violation, the court in its order for
19judgment may direct that the snowmobile be confiscated.