LRB-2084/1
MGG&TNF:jld:kjf
2001 - 2002 LEGISLATURE
March 22, 2001 - Introduced by Representatives Wade, Hahn, D. Meyer, Musser,
Olsen, Gronemus, M. Lehman, Nass, Powers, Lippert, Sykora, Townsend,
Boyle, Seratti, Meyerhofer, Albers, Pettis, Gunderson, Ott, Plouff, Vrakas
and Leibham, cosponsored by Senators Cowles, Schultz and Roessler.
Referred to Committee on Tourism and Recreation.
AB239,2,5
1An Act to repeal 350.02 (2) (b) 6.;
to renumber 100.48 (1) (a);
to renumber and
2amend 347.415 (1), 350.09 (7) and 350.12 (4) (bg);
to amend 25.29 (1) (d) 1.,
3100.48 (1) (b), 100.48 (2), 100.48 (3) (a), 100.48 (4) (a), 100.48 (4) (b), 347.415 (4),
4347.50 (1), 347.50 (2), 350.02 (2) (a) 6., 350.02 (3m), 350.12 (3) (a) 2., 350.12 (4)
5(b) (intro.) and 350.122 (6) (intro.); and
to create 20.370 (5) (cw), 100.48 (1) (ad),
6100.48 (1) (ag), 100.48 (1) (c), 100.48 (4) (c), 347.415 (1g), 350.02 (2m), 350.035,
7350.09 (7) (b), 350.095, 350.12 (3i), 350.12 (4) (bg) 2. and 350.15 (6) of the
8statutes;
relating to: calculating the estimated snowmobile gas tax payment;
9operation of snowmobiles by law enforcement officers on highways; operation
10of snowmobiles proceeding in opposite directions or in excess of roadway speed
11limits; vehicle noise levels for snowmobiles; tampering with odometers of
12snowmobiles and all-terrain vehicles and with hour meters of boats,
13snowmobiles, and all-terrain vehicles; inspection of equipment on
14snowmobiles; transfer of snowmobile registration certificates; exempting
1accidents occurring in certain snowmobile races or derbies from requirements
2to render aid and from reporting and investigation requirements; use of fees
3collected for snowmobile trail use stickers for snowmobile trail maintenance
4costs; granting rule-making authority; making an appropriation; and
5providing a penalty.
Analysis by the Legislative Reference Bureau
This bill consists of various changes to current law governing the operation of
snowmobiles, equipment on snowmobiles, snowmobile registration certificates,
snowmobile derbies and races, and funding for snowmobile trail, safety, and
enforcement costs. The changes include the following:
1. The bill requires that $10 of each $12.25 fee collected for a snowmobile trail
use sticker be credited to an appropriation to provide supplemental funding for the
maintenance of snowmobile trails. A trail use sticker issued by the department of
natural resources (DNR) is required on all snowmobiles that are operated but not
registered in this state. Supplemental funding is available for maintenance of trails
if the actual cost of maintenance exceeds the amount determined under the trail aids
formula that sets a maximum amount per mile of trail.
2. The bill authorizes conservation wardens and other law enforcement officers
to stop and inspect a snowmobile to determine whether required equipment is in good
working order, and requires the operator to stop and submit the snowmobile to the
requested inspection. A snowmobile found to be unsafe for operation or in violation
of required equipment standards may be ordered not to be operated, except for
purposes of removal and repair, until it has been repaired. Conservation wardens
may issue to the owner or operator of a snowmobile in violation of required
equipment standards a repair order requiring the repair of the violating equipment,
in addition to or instead of any penalties that apply to violating the equipment
standards. The bill prohibits DNR and federally recognized Indian tribes and bands
from registering snowmobiles that failed their most recent equipment inspection
until repairs have been made.
3. The bill provides that a person operating a snowmobile on or adjacent to any
roadway must observe the roadway speed limit unless the person is operating the
snowmobile as part of a snowmobile special event authorized by the local
governmental unit having jurisdiction over the roadway. Under current law, a
person operating a snowmobile adjacent to a roadway or on certain roadways that
are open to snowmobiles for access to lodging or residences must observe the roadway
speed limits.
4. The bill exempts snowmobile accidents occurring during snowmobile races
or derbies that are sponsored by certain entities such as local governmental units or
snowmobile clubs from general procedures that must be followed in the event of an
snowmobile accident. These procedures include requirements to render aid and to
report any accident that involves an injury that requires treatment by a physician
to a law enforcement official.
5. The bill prohibits any person from knowingly interfering with the proper
operation of the odometer of a snowmobile or all-terrain vehicle. The bill prohibits
any person, with intent to defraud, from interfering with the proper operation of an
hour meter on a snowmobile, all-terrain vehicle, or boat. An hour meter measures
and records the hours that the snowmobile, all-terrain vehicle, or boat has been
operating. These provisions are similar to ones prohibiting tampering with the
odometer of a motor vehicle or with the hour meter of farm equipment. The bill
contains exceptions to allow a malfunctioning odometer or hour meter to be restored
to its proper working order.
6. The bill requires that DNR promulgate rules to establish requirements for
testing noise levels of snowmobiles. Current law requires standards for
measurement that are established by the society of automotive engineers to be used.
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:
AB239, s. 1
1Section
1. 20.370 (5) (cw) of the statutes is created to read:
AB239,3,52
20.370
(5) (cw)
Recreation aid — supplemental snowmobile trail aids. As a
3continuing appropriation, from the snowmobile account in the conservation fund an
4amount equal to the amount calculated under s. 350.12 (4) (bg) 2. for the purposes
5specified in s. 350.12 (4) (b).
AB239, s. 2
6Section
2. 25.29 (1) (d) 1. of the statutes is amended to read:
AB239,3,117
25.29
(1) (d) 1. An amount calculated by multiplying the number of
8snowmobiles registered under s. 350.12 or 350.122 on the last day of
February March 9of the previous fiscal year by 50 gallons and multiplying that product by the excise
10tax imposed under s. 78.01 (1) on the last day of
February March of the previous fiscal
11year.
AB239, s. 3
12Section
3. 100.48 (1) (a) of the statutes is renumbered 100.48 (1) (am).
AB239, s. 4
13Section
4. 100.48 (1) (ad) of the statutes is created to read:
AB239,4,1
1100.48
(1) (ad) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).
AB239, s. 5
2Section
5. 100.48 (1) (ag) of the statutes is created to read:
AB239,4,33
100.48
(1) (ag) "Boat" has the meaning given in s. 30.50 (2).
AB239, s. 6
4Section
6. 100.48 (1) (b) of the statutes is amended to read:
AB239,4,75
100.48
(1) (b) "Hour meter" means an instrument
on a piece of farm equipment 6that measures and records the actual hours of operation of the
piece of farm
7equipment vehicle or device to which the instrument is attached.
AB239, s. 7
8Section
7. 100.48 (1) (c) of the statutes is created to read:
AB239,4,99
100.48
(1) (c) "Snowmobile" has the meaning given in s. 350.01 (12).
AB239, s. 8
10Section
8. 100.48 (2) of the statutes is amended to read:
AB239,4,1511
100.48
(2) No person may, either personally or through an agent, remove,
12replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter
13attached to farm equipment, a snowmobile, an all-terrain vehicle, or a boat with the
14intent to defraud by changing or affecting the number of hours of operation indicated
15on the hour meter.
AB239, s. 9
16Section
9. 100.48 (3) (a) of the statutes is amended to read:
AB239,5,617
100.48
(3) (a) Nothing in this section shall prevent the service, repair or
18replacement of an hour meter if the number of hours of operation indicated on the
19hour meter remains the same as before the service, repair or replacement. If an hour
20meter
attached to farm equipment, a snowmobile, an all-terrain vehicle, or a boat 21is incapable of registering the same number of hours of operation as before its service,
22repair or replacement, the hour meter shall be adjusted to read zero, and a sticker
23shall be affixed by the owner of the
piece of farm equipment vehicle or device to which
24the hour meter is attached or an agent, in proximity to the hour meter, specifying the
25number of hours of operation recorded on the hour meter prior to its service, repair
1or replacement and the date on which it was serviced, repaired or replaced. No
2person who services, repairs or replaces an hour meter
attached to farm equipment,
3a snowmobile, an all-terrain vehicle, or a boat that is incapable of registering the
4same number of hours of operation as before such service, repair or replacement may
5fail to adjust the hour meter to read zero or fail to affix the sticker required by this
6paragraph.
AB239, s. 10
7Section
10. 100.48 (4) (a) of the statutes is amended to read:
AB239,5,108
100.48
(4) (a) Any person who violates sub. (2) or (3) (b)
with respect to an hour
9meter attached to farm equipment may be fined not more than $5,000 or imprisoned
10for not more than one year in the county jail, or both, for each violation.
AB239, s. 11
11Section
11. 100.48 (4) (b) of the statutes is amended to read:
AB239,5,1412
100.48
(4) (b) Any person who violates sub. (3) (a)
with respect to an hour meter
13attached to farm equipment may be required to forfeit not more than $500 for each
14violation.
AB239, s. 12
15Section
12. 100.48 (4) (c) of the statutes is created to read:
AB239,5,1916
100.48
(4) (c) Any person who violates sub. (2) or (3) with respect to an hour
17meter attached to a snowmobile, an all-terrain vehicle, or a boat may be fined not
18more than $5,000 or imprisoned for not more than one year in the county jail, or both,
19for each violation.
AB239, s. 13
20Section
13. 347.415 (1) of the statutes is renumbered 347.415 (1m) and
21amended to read:
AB239,5,2522
347.415
(1m) No person
shall may, either personally or through an agent,
23remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer
24of any motor vehicle
, snowmobile, or all-terrain vehicle with the intent to change or
25affect the number of miles indicated thereon.
AB239, s. 14
1Section
14. 347.415 (1g) of the statutes is created to read:
AB239,6,62
347.415
(1g) In this section, "odometer" means an instrument for measuring
3and recording the actual distance that a motor vehicle, snowmobile, or all-terrain
4vehicle has traveled while in operation, but does not include any auxiliary
5instrument designed to be reset to zero to measure and record the actual distance
6that a motor vehicle, snowmobile, or all-terrain vehicle has traveled on trips.
AB239, s. 15
7Section
15. 347.415 (4) of the statutes is amended to read:
AB239,6,98
347.415
(4) No person shall conspire with any other person to violate sub.
(1) 9(1m), (2) or (3).
AB239, s. 16
10Section
16. 347.50 (1) of the statutes is amended to read:
AB239,6,1311
347.50
(1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s.
12347.415
(1) (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.48 (2m) or (4) (a) or s.
13347.489, may be required to forfeit not less than $10 nor more than $200.
AB239, s. 17
14Section
17. 347.50 (2) of the statutes is amended to read:
AB239,6,1715
347.50
(2) Any person violating s. 347.415
(1) (1m), (2) and (3) to (5) may be
16fined not more than $5,000 or imprisoned for not more than one year in the county
17jail, or both, for each violation.
AB239, s. 18
18Section
18. 350.02 (2) (a) 6. of the statutes is amended to read:
AB239,6,2419
350.02
(2) (a) 6. On a portion of the roadway or shoulder of a highway for a
20purpose of residential access or for the purpose of access from lodging if the town, city
21or village, within which that portion of the highway lies, enacts an ordinance under
22s. 350.18 (3) for that portion of the highway.
A snowmobile operated on a portion of
23the roadway or shoulder of a highway under this subdivision shall observe roadway
24speed limits.
AB239, s. 19
25Section
19. 350.02 (2) (b) 6. of the statutes is repealed.
AB239, s. 20
1Section
20. 350.02 (2m) of the statutes is created to read:
AB239,7,52
350.02
(2m) No person may operate a snowmobile on or adjacent to a roadway
3in excess of the applicable roadway speed limit established under s. 346.57 or 349.11
4unless the person is operating the snowmobile as part of a special event authorized
5under s. 350.04.
AB239, s. 21
6Section
21. 350.02 (3m) of the statutes is amended to read:
AB239,7,107
350.02
(3m) A law enforcement officer may operate a snowmobile on a highway
8in performance of his or her official duties if the snowmobile is equipped with a
9flashing, oscillating or rotating blue light
that is red or blue or a combination thereof
10and that is flashing, oscillating, or rotating.
AB239, s. 22
11Section
22. 350.035 of the statutes is created to read: