SB45: Bill Text

SB45, s. 2767 Section 2767. 347.415 (1) of the statutes is renumbered 347.415 (1m) and amended to read:

SB45,1234,20 347.415 (1m) No person shall may, either personally or through an agent, remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer of any motor vehicle, snowmobile or all-terrain vehicle with the intent to change or affect the number of miles indicated thereon.

SB45, s. 2768 Section 2768. 347.415 (1g) of the statutes is created to read:

SB45,1235,2 347.415 (1g) In this section, "odometer" means an instrument for measuring and recording the actual distance that a motor vehicle, snowmobile or all-terrain vehicle has traveled while in operation, but does not include any auxiliary instrument designed to be reset to zero to measure and record the actual distance that a motor vehicle, snowmobile or all-terrain vehicle has traveled on trips.

SB45, s. 2769 Section 2769. 347.415 (2) of the statutes is amended to read:

SB45,1235,9 347.415 (2) No person may operate a motor vehicle subject to registration under ch. 341 on any street or highway with knowledge that the odometer is removed, disconnected or nonfunctional. Notwithstanding s. 347.02 (2), no person may operate a snowmobile or all-terrain vehicle with knowledge that the odometer is removed, disconnected or nonfunctional. An exemption may be provided if parts are on back order to correct a nonfunctional odometer.

SB45, s. 2770 Section 2770. 347.415 (4) of the statutes is amended to read:

SB45,1235,12 347.415 (4) No person shall conspire with any other person to violate sub. (1) (1m), (2) or (3).

SB45, s. 2771 Section 2771. 347.50 (1) of the statutes is amended to read:

SB45,1235,16 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s. 347.415 (1) (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.48 (2m) or (4) (a) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.

SB45, s. 2772 Section 2772. 347.50 (2) of the statutes is amended to read:

SB45,1235,20 347.50 (2) Any person violating s. 347.415 (1) (1m), (2) and (3) to (5) may be fined not more than $5,000 or imprisoned for not more than one year in the county jail, or both, for each violation.

SB45, s. 2773 Section 2773. 348.01 (2) (aj) of the statutes is created to read:

SB45,1236,2 348.01 (2) (aj) "Certified portable testing device" means a portable testing device which is tested and inspected periodically for accuracy by the department of agriculture, trade and consumer protection or other authorized testing agency in accordance with specifications, tolerances, standards and procedures established by the national institute of standards and technology and the department of agriculture, trade and consumer protection for the testing and examination of scales.

SB45, s. 2774 Section 2774. 348.15 (3) (bg) of the statutes is amended to read:

SB45,1236,13 348.15 (3) (bg) In the case of a vehicle or combination of vehicles transporting exclusively milk from the point of production to the primary market and the return of dairy supplies and dairy products from such primary market to the farm, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,000 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet or more apart, a weight of 2,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

SB45, s. 2775 Section 2775. 348.15 (5) (intro.) of the statutes is amended to read:

SB45,1237,5 348.15 (5) (intro.) For enforcement of weight limitations specified by this chapter the gross weight, measured in pounds, imposed on the highway by any wheel or any one axle or by any group of 2 or more axles shall be determined by weighing the vehicles and load, either by single draft or multiple draft weighing on certified stationary scales or on portable scales in good working order which are tested in comparison to certified stationary scales or with certified portable testing devices within 90 190 days immediately prior to any weighing operation by the department of agriculture, trade and consumer protection or other authorized testing agencies for accuracy to within standard accepted tolerances. The weighing operation shall be performed in accordance with and under conditions accepted as good weighing technique and practice. In multiple draft weighing the sum of the weight of respective components shall be used to establish the weight of a combination of the components. It is recognized that the weight, determined in accordance with methods prescribed in this chapter, includes all statutory weights and represents the momentary load force or reaction imposed on the scale at the time of weighing. Such weights include any variation due to the following factors:

SB45, s. 2776 Section 2776. 348.25 (8) (a) 1. of the statutes is amended to read:

SB45,1237,10 348.25 (8) (a) 1. For a vehicle or combination of vehicles which exceeds length limitations, $15, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $17.

SB45, s. 2777 Section 2777. 348.25 (8) (a) 2. of the statutes is amended to read:

SB45,1237,15 348.25 (8) (a) 2. For a vehicle or combination of vehicles which exceeds either width limitations or height limitations, $20, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $22.

SB45, s. 2778 Section 2778. 348.25 (8) (a) 2m. of the statutes is amended to read:

SB45,1237,20 348.25 (8) (a) 2m. For a vehicle or combination of vehicles which exceeds both width and height limitations, $25, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $28.

SB45, s. 2779 Section 2779. 348.25 (8) (a) 3. of the statutes is amended to read:

SB45,1237,25 348.25 (8) (a) 3. For a vehicle or combination of vehicles, the weight of which exceeds any of the provisions of s. 348.15 (3), 10% of the fee specified in par. (b) 3. for an annual permit for the comparable gross weight, rounded to the nearest whole dollar.

SB45, s. 2780 Section 2780. 348.25 (8) (b) 1. of the statutes is amended to read:

SB45,1238,5 348.25 (8) (b) 1. For a vehicle or combination of vehicles which exceeds length limitations, $60, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $66.

SB45, s. 2781 Section 2781. 348.25 (8) (b) 2. of the statutes is amended to read:

SB45,1238,10 348.25 (8) (b) 2. For a vehicle or combination of vehicles which exceeds width limitations or height limitations or both, $90, except that if the application for a permit for a vehicle described in this subdivision is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $99.

SB45, s. 2782 Section 2782. 348.25 (8) (b) 3. a. of the statutes is amended to read:

SB45,1238,14 348.25 (8) (b) 3. a. If the gross weight is 90,000 pounds or less, $200, except that if the application for a permit for a vehicle described in this subd. 3. a. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $220.

SB45, s. 2783 Section 2783. 348.25 (8) (b) 3. b. of the statutes is amended to read:

SB45,1238,19 348.25 (8) (b) 3. b. If the gross weight is more than 90,000 pounds but not more than 100,000 pounds, $350, except that if the application for a permit for a vehicle described in this subd. 3. b. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $385.

SB45, s. 2784 Section 2784. 348.25 (8) (b) 3. c. of the statutes is amended to read:

SB45,1239,2 348.25 (8) (b) 3. c. If the gross weight is greater than 100,000 pounds, $350 plus $100 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds, except that if the application for a permit for a vehicle described in this subd. 3. c. is submitted to the department after December 31, 1999, and before July 1, 2003, the fee is $385 plus $110 for each 10,000-pound increment or fraction thereof by which the gross weight exceeds 100,000 pounds.

SB45, s. 2785 Section 2785. 348.25 (8) (bm) of the statutes is renumbered 348.25 (8) (bm) 1. and amended to read:

SB45,1239,9 348.25 (8) (bm) 1. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $15 for each permit issued. This subdivision does not apply to applications for permits submitted after December 31, 1999, and before July 1, 2003.

SB45, s. 2786 Section 2786. 348.25 (8) (bm) 2. of the statutes is created to read:

SB45,1239,16 348.25 (8) (bm) 2. Unless a different fee is specifically provided, the fee for a consecutive month permit is one-twelfth of the fee under par. (b) for an annual permit times the number of months for which the permit is desired, plus $16.50 for each permit issued, rounded to the nearest whole dollar. This subdivision does not apply to applications submitted before January 1, 2000, or submitted after June 30, 2003.

SB45, s. 2787 Section 2787. 348.26 (1m) (title) of the statutes is repealed.

SB45, s. 2788 Section 2788. 348.26 (1m) of the statutes is renumbered 348.29 (1) and amended to read:

SB45,1239,25 348.29 (1) The department shall develop and implement a telephone call-in procedure for to issue and renew permits issued under this section ss. 348.26 and 348.27 and shall implement a computerized system for use under this section to determine and designate the route to be used by the permittee. The telephone call-in procedure for permits may not be utilized until permit information is computerized to ensure inquiry capability into the data base for enforcement purposes.

SB45, s. 2789 Section 2789. 348.28 (1) of the statutes is amended to read:

SB45,1240,4 348.28 (1) Permits issued under ss. 348.25, 348.26 and 348.27 (1) to (10), (12) and (13) or by the telephone call-in procedure under s. 348.29 shall be carried on the vehicle during operations so permitted.

SB45, s. 2790 Section 2790. 348.29 (title) of the statutes is created to read:

SB45,1240,7 348.29 (title) Telephone authorization for oversize or overweight vehicle permits.

SB45, s. 2791 Section 2791. 348.29 (2), (3), (4), (5) and (6) of the statutes are created to read:

SB45,1240,11 348.29 (2) In addition to any fees required under s. 348.25, 348.26 or 348.27, any person who uses the procedure under this section to obtain a permit under s. 348.26 or 348.27 shall pay the following fees to the department:

SB45,1240,14 (a) The lesser of $10 per vehicle for which a permit is issued or the actual cost of the telephone authorization per vehicle for which a permit is issued as determined by the department.

SB45,1240,17 (b) A late payment fee of $10 per vehicle for which a permit is issued, if the department receives any required fees after the time period established by the department.

SB45,1240,19 (3) (a) The department may require that cancellation of a permit obtained through the telephone call-in procedure be made by telephone.

SB45,1240,25 (b) A person may cancel a permit obtained through the telephone call-in procedure before the first day of operation authorized by the permit. The department may not require a person who cancels a permit under this paragraph to pay any fees under s. 348.25, 348.26 or 348.27 relating to the canceled permit. The person shall pay to the department the authorization fee under sub. (2) (a) and may be charged a cancellation fee established by the department.

SB45,1241,4 (c) No person may cancel a permit obtained through the telephone call-in procedure on or after the first day of operation authorized by the permit. The department may not refund any fees paid under sub. (2) on or after the first day of operation authorized by the permit.

SB45,1241,7 (4) The department may refuse to issue a permit through the telephone call-in procedure to any applicant who does not comply with this section or who has had a permit issued under s. 348.26 or 348.27 suspended or revoked.

SB45,1241,12 (5) The department may suspend any or all permits issued under s. 348.26 or 348.27 to a person who fails to pay the required fees for a permit obtained through use of the telephone call-in procedure within the time period established by the department under this section. A permit suspended under this subsection remains suspended until the required fees are paid.

SB45,1241,13 (6) The department shall promulgate rules to implement this section.

SB45, s. 2792 Section 2792. 349.16 (2) of the statutes is amended to read:

SB45,1241,25 349.16 (2) Imposition of the special weight limitations authorized by sub. (1) (a) shall be done by erecting signs on or along the highway on which it is desired to impose the limitation sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that limitation and by erecting such signs sufficiently in advance of that highway to provide operators of vehicles an opportunity to avoid that highway. Imposition of the special weight limitations authorized by sub. (1) (b) shall be done by erecting signs before each end of the bridge or culvert to which the weight limitation applies sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that limitation. All weight limitation signs and their erection shall comply with the rules of the department and shall be standard throughout the state.

SB45, s. 2793 Section 2793. 350.01 (3r) of the statutes is created to read:

SB45,1242,4 350.01 (3r) "Expedited service" means a process under which a person is able to renew a snowmobile certificate in person and with only one appearance at the site where certificates are issued.

SB45, s. 2794 Section 2794. 350.02 (2) (a) 7. of the statutes is created to read:

SB45,1242,7 350.02 (2) (a) 7. A person operating a snowmobile on a roadway shall observe roadway speed limits.

SB45, s. 2795 Section 2795. 350.02 (3m) of the statutes is created to read:

SB45,1242,11 350.02 (3m) A law enforcement officer may operate a snowmobile on a highway in performance of his or her official duties if the snowmobile is equipped with a flashing, oscillating or rotating blue light.

SB45, s. 2796 Section 2796. 350.05 (1) (title) of the statutes is amended to read:

SB45,1242,13 350.05 (1) (title) Age restriction Persons under 12.

SB45, s. 2797 Section 2797. 350.05 (2) of the statutes is amended to read:

SB45,1243,2 350.05 (2) Snowmobile Persons aged 12 to 16; snowmobile safety permit or operator's license required certificates and program. No person over the age of who is at least 12 years of age but under the age of 16 years of age may operate a snowmobile unless he or she holds a valid snowmobile safety certificate or is accompanied by a person over who is at least 18 years of age or by a person over who is at least 14 years of age having a and who holds a valid snowmobile safety certificate issued by the department. Any person who is over the age of 12 and at least 12 years of age but under the age of 16 years of age and who holds is required to hold a snowmobile safety certificate shall carry it while operating a snowmobile or while accompanying the operator on a snowmobile shall carry the certificate and shall display it to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.

SB45, s. 2798 Section 2798. 350.05 (2) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

SB45,1243,8 350.05 (2) Persons aged 12 and older; snowmobile safety certificates and program. (a) No person who is at least 12 years of age and who is born on or after January 1, 1985, may operate a snowmobile unless he or she holds a valid snowmobile safety certificate.

SB45,1243,13 (b) Any person who is required to hold a snowmobile safety certificate while operating a snowmobile shall carry the certificate on the snowmobile and shall display the certificate to a law enforcement officer on request. Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.

SB45, s. 2799 Section 2799. 350.05 (3) of the statutes is amended to read:

SB45,1243,19 350.05 (3) Exceptions. This section does not apply to the operation of snowmobiles by an operator under the age of 16 years upon lands owned or leased by the operator's parent or guardian. As used in this section, "leased lands" does not include lands leased by an organization of which said operator or the operator's parent or guardian is a member.

SB45, s. 2800 Section 2800. 350.05 (4) of the statutes is amended to read:

SB45,1243,22 350.05 (4) Definition. For purposes of this section, "accompanied" "accompany" means being to be on the same snowmobile as the operator.

SB45, s. 2801 Section 2801 . 350.055 of the statutes is amended to read:

SB45,1244,17 350.055 Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Persons Each person satisfactorily completing this program shall receive certification a snowmobile safety certificate from the department. The department may charge each person who enrolls in the course an instruction fee of $5. The department shall authorize instructors conducting such courses meeting standards established by it to retain $1 of the fee to defray expenses incurred locally to conduct the program. The remaining $4 of the fee shall be retained by the department to defray a part of its expenses incurred to conduct the safety and accident reporting program. A person over the age of 12 years who is at least 12 years of age but under the age of 16 years of age who holds is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada need not obtain a certificate from the department and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB45, s. 2802 Section 2802 . 350.055 of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 2801, is amended to read:

SB45,1245,17 350.055 Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department may charge each person who enrolls in the course shall establish by rule an instruction fee of $5 for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department shall authorize instructors conducting such courses meeting standards established by it to retain $1 may determine the portion of the this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred locally to conduct by the instructor in conducting the program. The remaining $4 of the fee shall be retained by the department to defray a part of its expenses incurred to conduct the safety and accident reporting program instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. A person who is at least 12 years of age but under the 16 years of age who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB45, s. 2803 Section 2803. 350.055 of the statutes, as affected by 1999 Wisconsin Act .... (this act), section 2802, is repealed and recreated to read:

SB45,1246,12 350.055 Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB45, s. 2804 Section 2804. 350.095 of the statutes is created to read:

SB45,1246,16 350.095 Snowmobile inspection. (1) No person may operate, or cause or knowingly permit to be operated, on any highway any snowmobile that does not meet the requirements of this section.

SB45,1246,21 (2) When directed by any law enforcement officer, the operator of any snowmobile shall stop and submit the snowmobile to an inspection and such tests as are necessary to determine whether its required equipment is in proper adjustment or repair, or is in violation of the equipment provisions of s. 350.09 or 350.10 (1) (d) or (e), or rules issued pursuant thereto.

SB45,1247,2 (3) When any snowmobile is found to be unsafe for operation or in violation of the equipment provisions of s. 350.09 or 350.10 (1) (d) or (e), or rules issued pursuant thereto, a law enforcement officer may order the snowmobile removed from the highway and not operated, except for purposes of removal and repair, until it has been repaired pursuant to a repair order as provided in sub. (4).

SB45,1247,8 (4) In addition to or in lieu of a citation for the violation, when any snowmobile is in violation of the equipment provisions of s. 350.09 or 350.10 (1) (d) or (e), or rules issued pursuant thereto, a law enforcement officer may issue a repair order, in such form and containing such information as the department prescribes, to the owner or operator of the snowmobile. The owner or operator shall thereupon obtain such repairs as are required.

SB45,1247,10 (5) No owner or operator of a snowmobile may refuse to submit a snowmobile to any inspection or test that is authorized under this section.

SB45, s. 2805 Section 2805. 350.12 (3h) of the statutes is created to read: