LRB-4207/1
MGG&TNF:cjs:jf
1999 - 2000 LEGISLATURE
March 7, 2000 - Introduced by Representatives Spillner, Handrick, Gronemus,
Hahn, Porter, Musser, Goetsch, Plouff
and Hundertmark, cosponsored by
Senators Breske and Welch. Referred to Committee on Tourism and
Recreation.
AB828,2,3 1An Act to renumber 100.48 (1) (a); to renumber and amend 347.415 (1),
2350.09 (7) and 350.12 (4) (bg); to amend 25.29 (1) (d) 1., 100.48 (1) (b), 100.48
3(2), 100.48 (3) (a), 100.48 (4) (a), 100.48 (4) (b), 347.415 (2), 347.415 (4), 347.50
4(1), 347.50 (2), 350.02 (3m), 350.12 (3) (a) 2. and 350.12 (4) (b) (intro.); and to
5create
20.370 (5) (cw), 100.48 (1) (ad), 100.48 (1) (ag), 100.48 (1) (c), 100.48 (4)
6(c), 347.415 (1g), 350.035, 350.09 (7) (b), 350.095, 350.12 (3i), 350.12 (4) (bg) 2.
7and 350.15 (6) of the statutes; relating to: calculating the estimated
8snowmobile gas tax payment; operation of snowmobiles by law enforcement
9officers on highways; operation of snowmobiles proceeding in opposite
10directions; vehicle noise levels for snowmobiles; tampering with odometers of
11snowmobiles and all-terrain vehicles and with hour meters of boats,
12snowmobiles and all-terrain vehicles; inspection of equipment on
13snowmobiles; transfer of snowmobile registration certificates; exempting
14accidents occurring in certain snowmobile races or derbies from requirements

1to render aid and from reporting and investigation requirements; use of fees
2collected for snowmobile trail use stickers for snowmobile trail maintenance
3costs, granting rule-making authority and making an appropriation.
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 which 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 out of operation, 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 Indian tribes and bands from registering
snowmobiles that failed their most recent equipment inspection until repairs have
been made.
3. 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.
4. The bill prohibits any person from knowingly interfering with the proper
operation of the odometer of a snowmobile or all-terrain vehicle and from operating
a snowmobile or all-terrain vehicle having a malfunctioning odometer. 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.
5. 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:
AB828, s. 1 1Section 1. 20.370 (5) (cw) of the statutes is created to read:
AB828,3,52 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).
AB828, s. 2 6Section 2. 25.29 (1) (d) 1. of the statutes is amended to read:
AB828,3,117 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 of the
9previous fiscal year by 50 gallons and multiplying that product by the excise tax
10imposed under s. 78.01 (1) on the last day of February March of the previous fiscal
11year.
AB828, s. 3 12Section 3. 100.48 (1) (a) of the statutes is renumbered 100.48 (1) (am).
AB828, s. 4 13Section 4. 100.48 (1) (ad) of the statutes is created to read:
AB828,3,1414 100.48 (1) (ad) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).
AB828, s. 5 15Section 5. 100.48 (1) (ag) of the statutes is created to read:
AB828,3,1616 100.48 (1) (ag) "Boat" has the meaning given in s. 30.50 (2).
AB828, s. 6 17Section 6. 100.48 (1) (b) of the statutes is amended to read:
AB828,4,3
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, s. 7 4Section 7. 100.48 (1) (c) of the statutes is created to read:
AB828,4,55 100.48 (1) (c) "Snowmobile" has the meaning given in s. 350.01 (12).
AB828, s. 8 6Section 8. 100.48 (2) of the statutes is amended to read:
AB828,4,117 100.48 (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, s. 9 12Section 9. 100.48 (3) (a) of the statutes is amended to read:
AB828,5,213 100.48 (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, s. 10 3Section 10. 100.48 (4) (a) of the statutes is amended to read:
AB828,5,64 100.48 (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, s. 11 7Section 11. 100.48 (4) (b) of the statutes is amended to read:
AB828,5,108 100.48 (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, s. 12 11Section 12. 100.48 (4) (c) of the statutes is created to read:
AB828,5,1512 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, s. 13 16Section 13. 347.415 (1) of the statutes is renumbered 347.415 (1m) and
17amended to read:
AB828,5,2118 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, s. 14 22Section 14. 347.415 (1g) of the statutes is created to read:
AB828,6,223 347.415 (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, s. 15 3Section 15. 347.415 (2) of the statutes is amended to read:
AB828,6,94 347.415 (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, s. 16 10Section 16. 347.415 (4) of the statutes is amended to read:
AB828,6,1211 347.415 (4) No person shall conspire with any other person to violate sub. (1)
12(1m), (2) or (3).
AB828, s. 17 13Section 17. 347.50 (1) of the statutes is amended to read:
AB828,6,1614 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, s. 18 17Section 18. 347.50 (2) of the statutes is amended to read:
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