SB45: Bill Text

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 (this act), is repealed and recreated to read: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:

SB45,1252,12 409.302 (3) (intro.) The filing provisions of this chapter are not necessary or effective to perfect a security interest in property subject to any of the following:

SB45, s. 2821 Section 2821. 409.302 (3) (a) to (c) of the statutes are amended to read:

SB45,1252,17 409.302 (3) (a) A statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this chapter for filing of the security interest; or.

SB45,1252,22 (b) The following vehicle title statutes: ss. 342.19, 342.20, 342.284 and 342.285; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of ss. 409.401 to 409.408 apply to a security interest in that collateral created by that person as debtor; or.

SB45,1253,2 (bm) The following boat title statutes: ss. 30.57, 30.572 and 30.573; but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of ss. 409.401 to 409.408 apply to a security interest in that collateral created by that person as debtor; or.

SB45,1253,5 (c) A certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (s. 409.103 (2)); or.

SB45, s. 2822 Section 2822. 409.313 (4) (e) of the statutes is created to read:

SB45,1253,11 409.313 (4) (e) The security interest is created by a master lease entered into by the state under s. 16.76 (4), the security interest is perfected under s. 16.76 (4) (e) before the interest of the encumbrancer or owner is of record, the security interest has priority over any conflicting interest of a predecessor in title of the encumbrancer or owner and the debtor has an interest of record in the real estate.

SB45, s. 2823 Section 2823. 440.03 (15) of the statutes is created to read:

SB45,1253,14 440.03 (15) The department shall promulgate rules that establish the fees specified in ss. 440.05 (10) and 440.08 (2) (d).

SB45, s. 2824 Section 2824. 440.05 (1) (a) of the statutes is amended to read:

SB45,1253,18 440.05 (1) (a) Initial credential: $41 $47. Each applicant for an initial credential shall pay the initial credential fee to the department when the application materials for the initial credential are submitted to the department.

SB45, s. 2825 Section 2825. 440.05 (10) of the statutes is created to read:

SB45,1253,24 440.05 (10) Expedited service: If an applicant for a credential requests that the department process an application on an expedited basis, the applicant shall pay a service fee that is equal to the department's best estimate of the cost of processing the application on an expedited basis, including the cost of providing counter or other special handling services.

SB45, s. 2826 Section 2826. 440.055 (1) of the statutes is repealed.

SB45, s. 2827 Section 2827. 440.055 (2) of the statutes is amended to read:

SB45,1254,7 440.055 (2) If the department permits the payment of a fee with use of a credit card under sub. (1), the department shall charge a credit card service charge for each transaction. The credit card service charge shall be in addition to the fee that is being paid with the credit card and shall be sufficient to pay the costs to the department for providing this service to persons who request it, including the cost of any services for which the department contracts under sub. (3).

SB45, s. 2828 Section 2828. 440.08 (2) (a) 1. of the statutes is amended to read:

SB45,1254,10 440.08 (2) (a) 1. Accountant, certified public: January 1 of each even-numbered year; $47 $52.

SB45, s. 2829 Section 2829. 440.08 (2) (a) 2. of the statutes is amended to read: