LRBs0328/2
MGG&TNF:cjs:km
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 828
March 9, 2000 - Offered by Committee on Tourism and Recreation.
AB828-ASA1,2,5
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 (2),
4347.415 (4), 347.50 (1), 347.50 (2), 350.02 (2) (a) 6., 350.02 (3m), 350.12 (3) (a)
52., 350.12 (4) (b) (intro.) and 350.122 (6) (intro.); and
to create 20.370 (5) (cw),
6100.48 (1) (ad), 100.48 (1) (ag), 100.48 (1) (c), 100.48 (4) (c), 347.415 (1g), 350.02
7(2m), 350.035, 350.09 (7) (b), 350.095, 350.12 (3i), 350.12 (4) (bg) 2. and 350.15
8(6) of the statutes;
relating to: calculating the estimated snowmobile gas tax
9payment; operation of snowmobiles by law enforcement officers on highways;
10operation of snowmobiles proceeding in opposite directions or in excess of
11roadway speed limits; vehicle noise levels for snowmobiles; tampering with
12odometers of snowmobiles and all-terrain vehicles and with hour meters of
13boats, snowmobiles and all-terrain vehicles; inspection of equipment on
1snowmobiles; transfer of snowmobile registration certificates; exempting
2accidents occurring in certain snowmobile races or derbies from requirements
3to render aid and from reporting and investigation requirements; use of fees
4collected for snowmobile trail use stickers for snowmobile trail maintenance
5costs, granting rule-making authority and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB828-ASA1, s. 1
6Section
1. 20.370 (5) (cw) of the statutes is created to read:
AB828-ASA1,2,107
20.370
(5) (cw)
Recreation aid — supplemental snowmobile trail aids. As a
8continuing appropriation, from the snowmobile account in the conservation fund an
9amount equal to the amount calculated under s. 350.12 (4) (bg) 2. for the purposes
10specified in s. 350.12 (4) (b).
AB828-ASA1, s. 2
11Section
2. 25.29 (1) (d) 1. of the statutes is amended to read:
AB828-ASA1,2,1612
25.29
(1) (d) 1. An amount calculated by multiplying the number of
13snowmobiles registered under s. 350.12 or 350.122 on the last day of
February March 14of the previous fiscal year by 50 gallons and multiplying that product by the excise
15tax imposed under s. 78.01 (1) on the last day of
February March of the previous fiscal
16year.
AB828-ASA1, s. 3
17Section
3. 100.48 (1) (a) of the statutes is renumbered 100.48 (1) (am).
AB828-ASA1, s. 4
18Section
4. 100.48 (1) (ad) of the statutes is created to read:
AB828-ASA1,2,1919
100.48
(1) (ad) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).
AB828-ASA1, s. 5
20Section
5. 100.48 (1) (ag) of the statutes is created to read:
AB828-ASA1,2,2121
100.48
(1) (ag) "Boat" has the meaning given in s. 30.50 (2).
AB828-ASA1, s. 6
22Section
6. 100.48 (1) (b) of the statutes is amended to read:
AB828-ASA1,3,3
1100.48
(1) (b) "Hour meter" means an instrument
on a piece of farm equipment 2that measures and records the actual hours of operation of the
piece of farm
3equipment vehicle or device to which the instrument is attached.
AB828-ASA1,3,55
100.48
(1) (c) "Snowmobile" has the meaning given in s. 350.01 (12).
AB828-ASA1,3,117
100.48
(2) No person may, either personally or through an agent, remove,
8replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter
9attached to farm equipment, a snowmobile, an all-terrain vehicle or a boat with the
10intent to defraud by changing or affecting the number of hours of operation indicated
11on the hour meter.
AB828-ASA1, s. 9
12Section
9. 100.48 (3) (a) of the statutes is amended to read:
AB828-ASA1,4,213
100.48
(3) (a) Nothing in this section shall prevent the service, repair or
14replacement of an hour meter if the number of hours of operation indicated on the
15hour meter remains the same as before the service, repair or replacement. If an hour
16meter
attached to farm equipment, a snowmobile, an all-terrain vehicle or a boat is
17incapable of registering the same number of hours of operation as before its service,
18repair or replacement, the hour meter shall be adjusted to read zero, and a sticker
19shall be affixed by the owner of the
piece of farm equipment vehicle or device to which
20the hour meter is attached or an agent, in proximity to the hour meter, specifying the
21number of hours of operation recorded on the hour meter prior to its service, repair
22or replacement and the date on which it was serviced, repaired or replaced. No
23person who services, repairs or replaces an hour meter
attached to farm equipment,
24a snowmobile, an all-terrain vehicle or a boat that is incapable of registering the
25same number of hours of operation as before such service, repair or replacement may
1fail to adjust the hour meter to read zero or fail to affix the sticker required by this
2paragraph.
AB828-ASA1,4,64
100.48
(4) (a) Any person who violates sub. (2) or (3) (b)
with respect to an hour
5meter attached to farm equipment may be fined not more than $5,000 or imprisoned
6for not more than one year in the county jail, or both, for each violation.
AB828-ASA1,4,108
100.48
(4) (b) Any person who violates sub. (3) (a)
with respect to an hour meter
9attached to farm equipment may be required to forfeit not more than $500 for each
10violation.
AB828-ASA1,4,1512
100.48
(4) (c) Any person who violates sub. (2) or (3) with respect to an hour
13meter attached to a snowmobile, an all-terrain vehicle or a boat may be fined not
14more than $5,000 or imprisoned for not more than one year in the county jail, or both,
15for each violation.
AB828-ASA1, s. 13
16Section
13. 347.415 (1) of the statutes is renumbered 347.415 (1m) and
17amended to read:
AB828-ASA1,4,2118
347.415
(1m) No person
shall may, either personally or through an agent,
19remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer
20of any motor vehicle
, snowmobile or all-terrain vehicle with the intent to change or
21affect the number of miles indicated thereon.
AB828-ASA1,5,223
347.415
(1g) In this section, "odometer" means an instrument for measuring
24and recording the actual distance that a motor vehicle, snowmobile or all-terrain
25vehicle has traveled while in operation, but does not include any auxiliary
1instrument designed to be reset to zero to measure and record the actual distance
2that a motor vehicle, snowmobile or all-terrain vehicle has traveled on trips.
AB828-ASA1,5,94
347.415
(2) No person may operate a motor vehicle subject to registration
5under ch. 341 on any street or highway with knowledge that the odometer is
6removed, disconnected or nonfunctional.
Notwithstanding s. 347.02 (2), no person
7may operate a snowmobile or all-terrain vehicle with knowledge that the odometer
8is removed, disconnected or nonfunctional. An exemption may be provided if parts
9are on back order to correct a nonfunctional odometer.
AB828-ASA1,5,1211
347.415
(4) No person shall conspire with any other person to violate sub.
(1) 12(1m), (2) or (3).
AB828-ASA1,5,1614
347.50
(1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s.
15347.415
(1) (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.48 (2m) or (4) (a) or s.
16347.489, may be required to forfeit not less than $10 nor more than $200.
AB828-ASA1,5,2018
347.50
(2) Any person violating s. 347.415
(1) (1m), (2) and (3) to (5) may be
19fined not more than $5,000 or imprisoned for not more than one year in the county
20jail, or both, for each violation.
AB828-ASA1, s. 19
21Section
19. 350.02 (2) (a) 6. of the statutes is amended to read:
AB828-ASA1,6,222
350.02
(2) (a) 6. On a portion of the roadway or shoulder of a highway for a
23purpose of residential access or for the purpose of access from lodging if the town, city
24or village, within which that portion of the highway lies, enacts an ordinance under
25s. 350.18 (3) for that portion of the highway.
A snowmobile operated on a portion of
1the roadway or shoulder of a highway under this subdivision shall observe roadway
2speed limits.
AB828-ASA1,6,85
350.02
(2m) No person may operate a snowmobile on or adjacent to a roadway
6in excess of the applicable roadway speed limit established under s. 346.57 or 349.11
7unless the person is operating the snowmobile as part of a special event authorized
8under s. 350.04.
AB828-ASA1,6,1411
350.02
(3m) A law enforcement officer may operate a snowmobile on a highway
12in performance of his or her official duties if the snowmobile is equipped with a
13flashing, oscillating or rotating blue light
that is red or blue or a combination thereof
14and that is flashing, oscillating or rotating.
AB828-ASA1,6,17
16350.035 Meeting of snowmobiles. Operators of snowmobiles proceeding in
17opposite directions shall proceed with caution and pass each other to the right.
