LRB-3846/1
RNK:jld:jf
2009 - 2010 LEGISLATURE
November 24, 2009 - Introduced by Representatives Danou, Radcliffe, Zepnick,
Ripp, LeMahieu, Hebl, Steinbrink, Bies, Kestell, A. Ott, M. Williams,
Kerkman, Turner, Van Roy
and Hilgenberg, cosponsored by Senators
Holperin, Wirch, Lehman, Cowles, Taylor, Erpenbach, Plale, Lassa,
Schultz, Olsen, Miller, Hansen
and Grothman. Referred to Committee on
Tourism, Recreation and State Properties.
AB598,1,11 1An Act to repeal 350.12 (3j) (d); to renumber 350.12 (3j) (b); to renumber and
2amend
25.29 (1) (d) 1.; to amend 20.370 (1) (mq), 20.370 (3) (aq), 20.370 (3)
3(aq), 350.10 (1) (gm), 350.101 (1) (c), 350.11 (3) (a) (title), 350.11 (3) (a) 4., 350.12
4(3) (a) (intro.), 350.12 (3j) (a) 2., 350.12 (3m) (d) and 350.12 (4) (bg) 2.; and to
5create
25.29 (1) (d) 1. a., 25.29 (1) (d) 1. b., 350.01 (9j), 350.11 (3) (a) 5., 350.12
6(3j) (b) 1., 350.12 (3j) (b) 3., 350.12 (3j) (b) 4., 350.12 (3j) (bg), 350.12 (4) (ar) and
7350.12 (4) (at) of the statutes; relating to: snowmobile registration, trail use
8sticker requirements, intoxicated snowmobiling, snowmobile speed limits,
9calculating the estimated snowmobile gas tax payment, funding for alcohol
10education programs and state trails, providing penalties, and making
11appropriations.
Analysis by the Legislative Reference Bureau
This bill makes the following changes relating to the regulation of snowmobile
operation in this state:
1. Current law prohibits a person from operating a snowmobile in this state
unless the snowmobile is covered by a public-use or private-use registration issued

by the Department of Natural Resources (DNR) or is exempt from registration. A
person who owns a snowmobile is generally exempt from snowmobile registration
requirements in this state if the snowmobile is covered by a valid registration in
another state or country. A public-use registration is valid for two years and a
private-use registration is valid until ownership of the snowmobile is transferred.
This bill eliminates the two-year registration period for a public-use registration
and provides that a public-use registration is valid until ownership of the
snowmobile is transferred. The bill also lowers the public-use registration fee from
$30 to $15.
2. Under current law, a person who owns a snowmobile that is not registered
in this state or is exempt from registration must display a trail use sticker issued by
DNR on the snowmobile. The fee for this sticker is $35. This bill requires all
snowmobiles to display a trail use sticker, regardless of whether the snowmobile is
registered in this state. The bill provides that the fee for a trail use sticker issued
for a snowmobile that is registered in this state is $14.25 if the snowmobile is owned
by a snowmobile club member and $34.25 if the owner does not belong to a
snowmobile club.
3. Current law requires absolute sobriety for any person operating a
snowmobile who is under the age of 19. This bill increases this age so that the
absolute sobriety requirement applies to anyone under the age of 21.
4. The bill imposes increased penalties for operating a snowmobile under the
influence of an intoxicant or with alcohol concentrations above specified levels if the
snowmobile is operated with a passenger under 16 years of age.
5. Current law prohibits a person from operating a snowmobile at night at a
rate of speed exceeding 55 miles per hour. Current law sunsets this provision on July
1, 2010. This bill repeals the sunset.
6. Under current law, DNR provides funding from the snowmobile account in
the conservation fund for snowmobile regulation purposes including aids to counties
for activities such as snowmobile trail development and maintenance and law
enforcement. Currently, these activities are funded by snowmobile fees and by
moneys transferred from the transportation fund to the conservation fund. The
amount of this transfer equals the estimated snowmobile gas tax formula. The
estimated snowmobile gas tax formula amount is based on an estimate of the amount
of excise tax paid on gasoline by operators of all snowmobiles registered in this state.
This bill bases the estimated snowmobile gas tax formula on an estimate of the excise
tax paid on gasoline by operators of registered snowmobiles in this state who are
issued a trail use sticker.
7. This bill provides additional funding from the snowmobile account in the
conservation fund in fiscal years 2010-11 to 2012-13 for alcohol education programs
for snowmobilers, for law enforcement, and for the development and maintenance of
state trails.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.

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:
AB598, s. 1 1Section 1. 20.370 (1) (mq) of the statutes is amended to read:
AB598,3,62 20.370 (1) (mq) General program operations — state snowmobile trails and
3areas.
The amounts in the schedule from the snowmobile account in the conservation
4fund for state snowmobile trails and areas, and beginning in fiscal year 2010-11 and
5ending in fiscal year 2012-13, for the development and maintenance of state trails
6under s. 23.175
.
AB598, s. 2 7Section 2. 20.370 (3) (aq) of the statutes, as affected by 2009 Wisconsin Act 28,
8section 270m, is amended to read:
AB598,3,159 20.370 (3) (aq) Law enforcement — snowmobile enforcement and safety. The
10amounts in the schedule from the snowmobile account in the conservation fund for
11state law enforcement operations under ss. 350.055, 350.12 (4) (a) 2m., 3., and 3m.,
12and 350.155, for safety training and fatality reporting, and for the funding for a
13snowmobile rail crossing under 2009 Wisconsin Act 28, section 9137 (6x), and
14beginning in fiscal year 2010-11 and ending in fiscal year 2012-13, for alcohol
15education programs for snowmobilers under s. 350.108
.
AB598, s. 3 16Section 3 . 20.370 (3) (aq) of the statutes, as affected by 2009 Wisconsin Act 28,
17section 270p, is amended to read:
AB598,4,218 20.370 (3) (aq) Law enforcement — snowmobile enforcement and safety
19training.
The amounts in the schedule from the snowmobile account in the
20conservation fund for state law enforcement operations under ss. 350.055, 350.12 (4)
21(a) 2m., 3., and 3m., and 350.155 and, for safety training and fatality reporting, and

1beginning in fiscal year 2010-11 and ending in fiscal year 2012-13, for alcohol
2education programs for snowmobilers under s. 350.108
.
AB598, s. 4 3Section 4. 25.29 (1) (d) 1. of the statutes is renumbered 25.29 (1) (d) 1. (intro.)
4and amended to read:
AB598,4,95 25.29 (1) (d) 1. (intro.) An amount calculated by multiplying the number of
6snowmobiles registered under s. 350.12 or 350.122 on the last day of March of the
7previous fiscal year
sum of the following by 50 gallons and multiplying that product
8by the excise tax imposed under s. 78.01 (1) on the last day of March of the previous
9fiscal year.:
AB598, s. 5 10Section 5. 25.29 (1) (d) 1. a. of the statutes is created to read:
AB598,4,1311 25.29 (1) (d) 1. a. The number of trail use stickers issued under s. 350.12 (3j)
12during the 12-month period before the last day of March of the previous fiscal year
13to owners of snowmobiles that are registered under s. 350.12 (3).
AB598, s. 6 14Section 6. 25.29 (1) (d) 1. b. of the statutes is created to read:
AB598,4,1615 25.29 (1) (d) 1. b. The number of snowmobiles registered under s. 350.122 on
16the last day of March of the previous fiscal year.
AB598, s. 7 17Section 7. 350.01 (9j) of the statutes is created to read:
AB598,4,1818 350.01 (9j) "Legal drinking age" has the meaning given in s. 125.02 (8m).
AB598, s. 8 19Section 8. 350.10 (1) (gm) of the statutes is amended to read:
AB598,4,2120 350.10 (1) (gm) During the hours of darkness at a rate of speed exceeding 55
21miles per hour. This paragraph does not apply after July 1, 2010.
AB598, s. 9 22Section 9. 350.101 (1) (c) of the statutes is amended to read:
AB598,5,223 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below
24the legal drinking age 19. If a person has not attained the legal drinking age of 19,

1the person may not engage in the operation of a snowmobile while he or she has an
2alcohol concentration of more than 0.0 but not more than 0.08.
AB598, s. 10 3Section 10. 350.11 (3) (a) (title) of the statutes is amended to read:
AB598,5,54 350.11 (3) (a) (title) Penalties related to prohibited operation of a snowmobile;
5intoxicants; refusal
; underage passengers.
AB598, s. 11 6Section 11. 350.11 (3) (a) 4. of the statutes is amended to read:
AB598,5,87 350.11 (3) (a) 4. A person who violates s. 350.101 (1) (c) or 350.104 (5) and who
8has not attained the legal drinking age of 19 shall forfeit not more than $50.
AB598, s. 12 9Section 12. 350.11 (3) (a) 5. of the statutes is created to read:
AB598,5,1310 350.11 (3) (a) 5. If there is a passenger under 16 years of age on the snowmobile
11at the time of a violation that gives rise to a conviction under s. 350.101 (1) (a) or (b),
12the applicable minimum and maximum forfeitures, fines, and terms of
13imprisonment under subds. 1. to 3. for the conviction are doubled.
AB598, s. 13 14Section 13. 350.12 (3) (a) (intro.) of the statutes is amended to read:
AB598,6,815 350.12 (3) (a) (intro.) Except as provided under subs. (2) and (5) (cm), no person
16may operate and no owner may give permission for the operation of any snowmobile
17within this state unless the snowmobile is registered for public use or private use
18under this paragraph or s. 350.122 or as an antique under par. (b) and has the
19registration decals displayed as required under sub. (5) or s. 350.122 or unless the
20snowmobile has a reflectorized plate attached as required under par. (c) 3. A
21snowmobile that is not registered as an antique under par. (b) may be registered for
22public use. A snowmobile that is not registered as an antique under par. (b) and that
23is used exclusively on private property, as defined under s. 23.33 (1) (n), may be
24registered for private use. A snowmobile public-use registration certificate is valid
25for 2 years beginning on the July 1 prior to the date of application if registration is

1made prior to April 1 and beginning on the July 1 subsequent to the date of
2application if registration is made after April 1 and ending on June 30, 2 years
3thereafter. A snowmobile
or private-use registration certificate is valid from the
4date of issuance until ownership of the snowmobile is transferred. The fee for the
5issuance or renewal of a public-use registration certificate is $30 $15, except that the
6fee is $5 if it is a snowmobile owned and operated by a political subdivision of this
7state. There is no fee for the issuance of a private-use registration certificate or for
8the issuance of a registration certificate to the state.
AB598, s. 14 9Section 14. 350.12 (3j) (a) 2. of the statutes is amended to read:
AB598,6,1310 350.12 (3j) (a) 2. Except as provided in par. (d), no No person who is the owner
11of a snowmobile may operate, or give permission for another person to operate, a
12snowmobile on a public snowmobile corridor in this state unless a trail use sticker
13issued under this subsection is displayed on the snowmobile.
AB598, s. 15 14Section 15. 350.12 (3j) (b) of the statutes is renumbered 350.12 (3j) (b) 2.
AB598, s. 16 15Section 16. 350.12 (3j) (b) 1. of the statutes is created to read:
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