SB45: Bill Text

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:

SB45,1247,14 350.12 (3h) Registration; renewals; agents. (a) Issuance; appointment of agents. For the issuance of snowmobile certificates, the department may do any of the following:

SB45,1247,15 1. Directly issue the certificates.

SB45,1247,17 2. Appoint, as an agent of the department, the clerk of one or more counties to issue the certificates.

SB45,1247,19 3. Appoint persons who are not employes of the department to issue the certificates as agents of the department.

SB45,1247,22 (b) Duplicates. For purposes of this subsection, the issuance of a duplicate of a snowmobile certificate shall be considered the same as the issuance of an original certificate.

SB45,1247,24 (c) Agent activities. 1. The clerk of any county appointed under par. (a) 2. or (e) may accept the appointment.

SB45,1248,2 2. The department may promulgate rules regulating the activities of persons appointed under pars. (a) and (e).

SB45,1248,5 (d) Issuing fees. An agent appointed under par. (a) 2. or 3. shall collect an issuing fee of $3 for each snowmobile certificate that the agent issues. The agent shall remit to the department $2 of each issuing fee collected.

SB45,1248,10 (e) Renewals; agents. For the renewal of snowmobile certificates for public use or the renewal of commercial snowmobile certificates, the department may renew the certificates directly or may appoint agents in the manner specified in par. (a) 2. or 3. The department may establish an expedited service to be provided by the department and these agents to renew these types of snowmobile certificates.

SB45,1248,13 (f) Renewals; fees. In addition to a renewal fee under sub. (3), the department may authorize that a supplemental renewal fee of $3 be collected for the renewal of snowmobile certificates that are renewed in any of the following manners:

SB45,1248,14 1. By agents appointed under par. (e).

SB45,1248,15 2. By the department using the expedited service.

SB45,1248,19 (g) Remittal of fees. An agent appointed under par. (e) shall remit to the department $2 of each $3 fee collected under par. (f). Any fees remitted to or collected by the department under par. (d) or (f) shall be credited to the appropriation account under s. 20.370 (9) (hu).

SB45, s. 2806 Section 2806. 350.12 (3i) of the statutes is created to read:

SB45,1249,2 350.12 (3i) Registration of certain snowmobiles prohibited. Notwithstanding sub. (3) (d) or (3j) (c) or s. 23.35 or 350.122 (2), the department or federally recognized Indian tribe or band in this state shall refuse registration of a snowmobile if the most recent inspection under s. 350.095 indicates that the snowmobile's required equipment is not 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, s. 2807 Section 2807. 350.12 (3j) (b) of the statutes is amended to read:

SB45,1249,7 350.12 (3j) (b) The fee for a trail use sticker issued for a snowmobile that is exempt from registration under sub. (2) (b) or (bn) is $12.25. A trail use sticker issued for such a snowmobile may be issued only by the department and persons appointed by the department and is valid for one expires on March 31 of each year.

SB45, s. 2808 Section 2808. 350.12 (4) (a) (intro.) of the statutes is amended to read:

SB45,1249,11 350.12 (4) (a) Enforcement, administration and related costs. (intro.) The moneys appropriated from s. 20.370 (3) (ak) and (aq), (5) (es) and (9) (mu) and (mw) may be used for the following:

SB45, s. 2809 Section 2809. 350.12 (4) (a) 3m. of the statutes is amended to read:

SB45,1249,14 350.12 (4) (a) 3m. The cost of state law enforcement efforts as appropriated under s. 20.370 (3) (ak) and (aq); and

SB45, s. 2810 Section 2810. 350.12 (4) (am) of the statutes is amended to read:

SB45,1249,20 350.12 (4) (am) Enforcement aids to department. Beginning with fiscal year 1993-94, of Of the amounts appropriated under s. 20.370 (3) (ak) and (aq), the department shall allocate $26,000 in each fiscal year to be used exclusively for the purchase of snowmobiles or trailers to carry snowmobiles, or both, to be used in state law enforcement efforts.

SB45, s. 2811 Section 2811. 350.12 (4) (b) (intro.) of the statutes is amended to read:

SB45,1250,2 350.12 (4) (b) Trail aids and related costs. (intro.) The moneys appropriated under s. 20.370 (1) (mq) and (5) (cr) and, (cs) and (cw) shall be used for development and maintenance, the cooperative snowmobile sign program, major reconstruction or rehabilitation to improve bridges on existing approved trails, trail rehabilitation, signing of snowmobile routes, and state snowmobile trails and areas and distributed as follows:

SB45, s. 2812 Section 2812. 350.12 (4) (bg) of the statutes is renumbered 350.12 (4) (bg) 1. and amended to read:

SB45,1250,10 350.12 (4) (bg) 1. Of the moneys appropriated under s. 20.370 (5) (cs), the department shall make available in fiscal year 1992-93 and each fiscal year thereafter an amount equal to the amount calculated under s. 25.29 (1) (d) 2. to make payments to the department or a county under par. (bm) for trail maintenance costs incurred in the previous fiscal year that exceed the maximum specified under par. (b) 1. before expending any of the amount for the other purposes specified in par. (b).

SB45, s. 2813 Section 2813. 350.12 (4) (bg) 2. of the statutes is created to read:

SB45,1250,20 350.12 (4) (bg) 2. For fiscal year 1999-2000, and for each fiscal year thereafter, the department shall calculate an amount equal to the number of trail use stickers issued under sub. (3j) in the previous fiscal year multiplied by $10 and shall credit this amount to the appropriation account under s. 20.370 (5) (cw). From the appropriation under s. 20.370 (5) (cw), the department shall make payments to the department or a county for the purposes specified in par. (b). The department shall make payments under par. (bm) for trail maintenance costs that were incurred in the previous fiscal year and that exceed the maximum specified under par. (b) 1. before making payments for any of the other purposes specified in par. (b).

SB45, s. 2814 Section 2814. 350.12 (5) (d) of the statutes is amended to read:

SB45,1251,3 350.12 (5) (d) At the end of the registration period the department shall send the owner of each snowmobile a 2-part renewal application. The owner shall complete and sign one portion of the renewal application and return that portion the application and the proper fee to the department. The owner shall complete and sign the other portion of the renewal application. The owner shall destroy this portion of the renewal application upon receipt of the registration certificate and decals or to an agent appointed under sub. (3h) (e).

SB45, s. 2815 Section 2815. 350.15 (6) of the statutes is created to read:

SB45,1251,6 350.15 (6) Exception. This section does not apply to snowmobile accidents that occur during a sanctioned race or derby.

SB45, s. 2816 Section 2816. 351.02 (1) (a) 10. of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB45,1251,24 351.02 (1) (a) 10. Any offense under the law of another jurisdiction prohibiting conduct described in sections 6-207, 6-302, 10-102, 10-103, 10-104, 11-901,11-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance (1987), or prohibiting homicide or manslaughter resulting from the operation of a motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless driving or driving a motor vehicle with wilful or wanton disregard for the safety of persons or property, driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a controlled substance analog or any other drug or a combination thereof as prohibited, refusal to submit to chemical testing, operating a motor vehicle while the operating privilege or operator's license is revoked or suspended, perjury or the making false statements or affidavits to a governmental agency in connection with the ownership or operation of a motor vehicle, failing to stop and identify oneself as the driver or operator in the event of a motor vehicle accident with a person or an attended motor vehicle or fleeing from or attempting to elude a police, law enforcement or other peace officer, as those or substantially similar terms are used in that jurisdiction's laws.

SB45, s. 2817 Section 2817. 351.025 (2) (a) of the statutes, as affected by 1997 Wisconsin Act 84, is renumbered 351.025 (2) and amended to read:

SB45,1252,4 351.025 (2) The revocation is effective on the date the department mails the notice of revocation, except as provided in par. (b).

SB45, s. 2818 Section 2818. 351.025 (2) (b) of the statutes is repealed.

SB45, s. 2819 Section 2819. 409.302 (1) (i) of the statutes is renumbered 409.302 (3) (e) and amended to read:

SB45,1252,9 409.302 (3) (e) A security interest created by a master lease entered into by the state under s. 16.76 (4).

SB45, s. 2820 Section 2820. 409.302 (3) (intro.) of the statutes is amended to read: