SB347: Bill Text

SB347,47,4 350.05 (2) (b) Any person who is required to hold a snowmobile safety certificate while operating a snowmobile shall carry the certificate on the snowmobile proof that the person holds a valid safety certificate and shall display the certificate such proof 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.

SB347,154 Section 154. 350.05 (2) (c) of the statutes is created to read:

SB347,47,7 350.05 (2) (c) Persons enrolled in a safety certification program approved by the department may operate a snowmobile in an area designated by the instructor.

SB347,155 Section 155. 350.12 (3) (a) 1. of the statutes, as affected by 2013 Wisconsin Act 142, is amended to read:

SB347,48,3 350.12 (3) (a) 1. Except as provided under subs. (2) and (5) (cm), no person may operate and no owner may give permission for the operation of any snowmobile within this state unless the snowmobile is registered for public use or private use under this paragraph or s. 350.122 or as an antique under par. (b) and has the registration decals displayed as required under sub. (5) or s. 350.122 or unless the snowmobile has a reflectorized plate and a registration decal attached as required under par. (c) 3. A snowmobile that is not registered as an antique under par. (b) may be registered for public use. A snowmobile that is not registered as an antique under par. (b) and that is used exclusively on private property, as defined under s. 23.33 (1) (n), may be registered for private use. A snowmobile public-use registration certificate is valid for 3 years beginning on the July 1 prior to the date of application if registration is made prior to April 1 and beginning on the July 1 subsequent to the date of application if registration is made after April 1 and ending on June 30, 3 years thereafter. A snowmobile private-use registration certificate is valid from the date of issuance until ownership of the snowmobile is transferred. The fee for the issuance or renewal of a public-use registration certificate is $30, except that the fee is $5 if it is a snowmobile owned and operated by a political subdivision of this state. There is no fee for the issuance of a private-use registration certificate or for the issuance of a registration certificate to the state.

SB347,156 Section 156. 350.12 (3) (a) 3. of the statutes is amended to read:

SB347,48,8 350.12 (3) (a) 3. The purchaser shall complete the application for transfer and cause it to be mailed or delivered to the department or an agent appointed under sub. (3h) (a) 3. within 10 days from the date of purchase. A fee of $5 shall be paid for transfer of a current registration certificate.

SB347,157 Section 157. 350.12 (3) (c) 2. of the statutes is amended to read:

SB347,48,15 350.12 (3) (c) 2. The fee for issuing or renewing a commercial snowmobile certificate is $90. Upon receipt of the application form required by the department and the fee required under this subdivision, the department shall issue to the applicant a commercial snowmobile certificate and 3 reflectorized plates registration decals. The fee for additional reflectorized plates registration decals is $30 per plate decal.

SB347,158 Section 158. 350.12 (3) (c) 3. of the statutes is amended to read:

SB347,48,22 350.12 (3) (c) 3. A person who is required to obtain a commercial snowmobile certificate under subd. 1. shall attach in a clearly visible place a reflectorized plate that is removable and temporarily but firmly mounted to any snowmobile that is not registered for public use and that the person leases, rents, offers for sale or otherwise allows to be used whenever the snowmobile is being operated. A registration decal issued under subd. 2. shall be attached to the plate.

SB347,159 Section 159. 350.12 (3) (cm) of the statutes is amended to read:

SB347,49,3 350.12 (3) (cm) Subsection (3h) does not apply to commercial snowmobile certificates, reflectorized plates, and registration decals issued under par. (c) 2. or to registration certificates issued for antique snowmobiles under par. (b).

SB347,160 Section 160. 350.12 (3) (d) of the statutes is renumbered 350.12 (3) (d) 1. and amended to read:

SB347,49,15 350.12 (3) (d) 1. Upon receipt of the required fee, a sales report, payment of sales and use taxes due under s. 77.61 (1), and an application on forms prescribed by it, the department or an agent appointed under sub. (3h) (a) 3. shall issue to the applicant an original, a temporary operating receipt or a registration certificate stating the registration number, the name and address of the owner, and other information the department deems necessary or a validated registration receipt. The department or an agent appointed under sub. (3h) (a) 3. shall issue and 2 registration decals per snowmobile owned by an individual owner, this state, or a political subdivision of this state. shall be issued to the applicant using one of the procedures specified in sub. (3h) (ag) 1.

SB347,49,20 3. The decals issued under this paragraph or sub. (3h) (ag) 2. shall be no larger than 3 inches in height and 6 inches in width. The decals shall contain reference to the state, the department, whether the snowmobile is registered for public use or private use under par. (a), or as an antique under par. (b), and shall show the expiration date of the registration.

SB347,161 Section 161. 350.12 (3) (d) 2. of the statutes is created to read:

SB347,49,24 350.12 (3) (d) 2. The registration certificate issued under this paragraph or sub. (3h) (ag) 2. shall contain the registration number, the name and address of the owner, and other information the department considers necessary.

SB347,162 Section 162. 350.12 (3) (e) of the statutes is amended to read:

SB347,50,6 350.12 (3) (e) If a registration certificate, registration decal, or commercial snowmobile certificate, or reflectorized plate is lost or destroyed, the holder of the certificate, or decal, or plate may apply for a duplicate on forms provided for by the department accompanied by a fee of $5. Upon receipt of a proper application and the required fee, the department or an agent appointed under sub. (3h) (a) 3. shall issue a duplicate certificate, decal, or plate to the applicant.

SB347,163 Section 163. 350.12 (3h) (a) (intro.) of the statutes is amended to read:

SB347,50,11 350.12 (3h) (a) Issuers. (intro.) For the issuance of original or duplicate registration documentation documents, for the issuance of reprints under s. 23.47 (3), and for the transfer or renewal of registration documentation documents, the department may do any of the following:

SB347,164 Section 164. 350.12 (3h) (a) 1. of the statutes is amended to read:

SB347,50,15 350.12 (3h) (a) 1. Directly issue, transfer, or renew the registration documentation documents with or without using the services specified in par. (ag) 1. and directly issue reprints.

SB347,165 Section 165. 350.12 (3h) (a) 3. of the statutes is amended to read:

SB347,50,20 350.12 (3h) (a) 3. Appoint persons who are not employees of the department as agents of the department to issue, transfer, or renew the registration documentation documents using either or both of the services specified in par. (ag) 1. and to issue reprints.

SB347,166 Section 166. 350.12 (3h) (ag) 1. (intro.) of the statutes is amended to read:

SB347,51,2 350.12 (3h) (ag) 1. (intro.) For the issuance of original or duplicate registration documentation documents and for the transfer or renewal of registration documentation documents, the department may shall implement either or both of the following procedures to be provided by the department and any agents appointed under par. (a) 3.:

SB347,167 Section 167. 350.12 (3h) (ag) 1. a. of the statutes is amended to read:

SB347,51,8 350.12 (3h) (ag) 1. a. A procedure under which the department or agent may accept appointed under par. (a) 3. accepts applications for registration documentation documents and issue a validated registration receipt issues temporary operating receipts at the time the applicant submits the application applicants submit applications accompanied by the required fees.

SB347,168 Section 168. 350.12 (3h) (ag) 1. b. of the statutes is amended to read:

SB347,51,14 350.12 (3h) (ag) 1. b. A procedure under which the department or agent may accept appointed under par. (a) 3. accepts applications for registration documentation documents and issue issues to each applicant all or some of the items of the registration documentation documents at the time the applicant submits the application accompanied by the required fees.

SB347,169 Section 169. 350.12 (3h) (ag) 2. of the statutes is amended to read:

SB347,51,23 350.12 (3h) (ag) 2. Under either procedure under subd. 1., the applicant shall receive be issued any remaining items of registration documentation documents directly from the department at a later date. The items of Any registration documentation document issued at the time of the submittal of the application under either procedure under subd. 1. b. shall be sufficient to allow the snowmobile for which the application is submitted to be operated in compliance with the registration requirements under this section. The items of registration documentation issued under subd. 1. b. shall include at least one registration decal.

SB347,170 Section 170. 350.12 (3h) (ar) 1. of the statutes is repealed.

SB347,171 Section 171. 350.12 (3h) (ar) 2. of the statutes is renumbered 350.12 (3h) (ar) and amended to read:

SB347,52,10 350.12 (3h) (ar) In addition to the applicable fee under sub. (3) (a), the department or the each agent appointed under par. (a) 3. who accepts an application to renew registration documents in person shall collect a service an issuing fee of 50 cents and a transaction fee of $5 50 cents each time the service under par. (ag) 1. b. is provided agent issues renewal registration documents or a renewal temporary operating receipt under par. (ag) 1. a. or b. The agent shall remit to the department $1 of each service retain the entire amount of each issuing fee and transaction fee the agent collects.

SB347,172 Section 172. 350.12 (3i) of the statutes is created to read:

SB347,52,13 350.12 (3i) Alterations and falsifications prohibited. (a) No person may intentionally do any of the following:

SB347,52,15 1. Make a false statement on an application for a registration issued under sub. (3).

SB347,52,17 2. Alter, remove, or change any number or other character in a vehicle identification number.

SB347,52,18 (b) No person may do any of the following:

SB347,52,20 1. Manufacture a vehicle identification number tag that the person knows to contain false information to be placed on a snowmobile.

SB347,52,22 2. Place a vehicle identification number tag that the person knows to be false on a snowmobile.

SB347,173 Section 173. 350.12 (3j) (a) 1. of the statutes is renumbered 350.12 (3j) (a) 1. (intro.) and amended to read:

SB347,52,25 350.12 (3j) (a) 1. (intro.) In this paragraph, "public:

SB347,53,3 a. "Public snowmobile corridor" means a snowmobile trail or other established snowmobile corridor that is open to the public but does not include a snowmobile route.

SB347,174 Section 174. 350.12 (3j) (a) 1. b. of the statutes is created to read:

SB347,53,8 350.12 (3j) (a) 1. b. "Temporary trail use receipt" means a receipt issued by the department or an agent under this subsection that shows that an application and the required fees for a trail use sticker have been submitted to the department or an agent appointed under par. (e) 1.

SB347,175 Section 175. 350.12 (3j) (a) 2. of the statutes, as affected by 2013 Wisconsin Act 142, is renumbered 350.12 (3j) (a) 2. (intro.) and amended to read:

SB347,53,13 350.12 (3j) (a) 2. (intro.) No person who is the owner of a snowmobile may operate, or give permission for another person to operate, a snowmobile on a public snowmobile corridor in this state unless a any of the following apply:

SB347,53,17 a. Except as provided in this subdivision paragraph, a trail use sticker issued under this subsection is displayed on the snowmobile. For a snowmobile that is required to have a plate attached under sub. (3) (c) 3., the trail use sticker may be displayed on the plate.

SB347,176 Section 176. 350.12 (3j) (a) 2. b. of the statutes is created to read:

SB347,53,20 350.12 (3j) (a) 2. b. The operator of the snowmobile is carrying proof of a valid temporary trail use receipt for the snowmobile.

SB347,177 Section 177. 350.12 (3j) (bg) 3. of the statutes, as created by 2013 Wisconsin Act 142, is amended to read:

SB347,54,2 350.12 (3j) (bg) 3. Except as provided in par. (br), the The fee for a trail use sticker issued in fiscal years 2015-16 to 2018-19 for a snowmobile that is registered under sub. (3) and that is owned by a person who is both a member of a snowmobile club and a member of the Association of Wisconsin Snowmobile Clubs is $9.25.

SB347,178 Section 178. 350.12 (3j) (bg) 4. of the statutes, as created by 2013 Wisconsin Act 142, is amended to read:

SB347,54,8 350.12 (3j) (bg) 4. Except as provided in par. (br), the The fee for a trail use sticker issued in fiscal years 2015-16 to 2018-19 for a snowmobile that is registered under sub. (3) and that is owned by a person who does not meet the requirements under subd. 3. is $29.25.

SB347,179 Section 179. 350.12 (3j) (br) of the statutes, as created by 2013 Wisconsin Act 142, is repealed.

SB347,180 Section 180. 350.12 (3j) (d) of the statutes, as affected by 2013 Wisconsin Act 142, is amended to read:

SB347,54,16 350.12 (3j) (d) A snowmobile that is registered as an antique under sub. (3) (b) or that is exempt from registration under sub. (2) (a) or (d) is exempt from having a trail use sticker displayed, and from carrying a temporary trail use receipt, under par. (a).

SB347,181 Section 181. 350.12 (3j) (e) 1. of the statutes is amended to read:

SB347,54,20 350.12 (3j) (e) 1. The department may appoint any person who is not an employee of the department as the department's agent to issue temporary trail use stickers receipts and collect the fees for these stickers receipts.

SB347,182 Section 182. 350.12 (3j) (e) 2. of the statutes, as affected by 2013 Wisconsin Act 142, is amended to read:

SB347,55,2 350.12 (3j) (e) 2. Any person, including the department, who issues a trail use sticker or a temporary trail use receipt shall collect in addition to the fee under par. (b) or (bg) 2., 3., or 4. an issuing fee of 75 cents. The agent may retain 50 cents of the issuing fee to compensate the agent for the agent's services in issuing the temporary trail use sticker receipt.

SB347,183 Section 183. 350.12 (3j) (e) 3. of the statutes is amended to read:

SB347,55,7 350.12 (3j) (e) 3. The department shall establish by rule, procedures for issuing trail use stickers and temporary trail use receipts, and the department may promulgate rules regulating the activities of persons who are authorized to be agents under this paragraph.

SB347,184 Section 184. 350.12 (5) (b) of the statutes is amended to read:

SB347,55,14 350.12 (5) (b) The person operating a snowmobile shall at all times carry proof of the registration certificate or, for an owner who purchased a snowmobile and who has received a validated registration temporary operating receipt but who has not yet received the registration certificate, proof of the validated registration temporary operating receipt shall be in the possession of the person operating the snowmobile at all times.

SB347,185 Section 185. 350.12 (5) (c) of the statutes is amended to read:

SB347,55,22 350.12 (5) (c) The operator of a snowmobile shall exhibit, upon demand, proof of the registration certificate or, for an owner who purchased a snowmobile and who has received a validated registration temporary operating receipt but who has not yet received the registration certificate, proof of the validated registration temporary operating receipt shall be exhibited, upon demand, by the operator of the snowmobile for inspection by any person authorized to enforce this section as provided under s. 350.17 (1) and (3).

SB347,186 Section 186. 350.12 (5) (d) of the statutes is amended to read:

SB347,56,3 350.12 (5) (d) At the end of the registration period the department shall send the owner of each snowmobile a renewal application. The owner shall sign the renewal application and return or present submit the application and the proper fee to the department or present the application and fee to an agent appointed under sub. (3h) (a) 3. using one of the procedures specified in sub. (3h) (ag) 1.

SB347,187 Section 187. 350.12 (5) (e) of the statutes is amended to read:

SB347,56,6 350.12 (5) (e) This subsection does not apply to any snowmobile to which a reflectorized plate is and decal are attached as required under sub. (3) (c) 3.

SB347,188 Section 188. 971.19 (10) of the statutes is amended to read:

SB347,56,14 971.19 (10) In an action under s. 23.33 (2h), 30.547, or 350.12 (3i) for intentionally falsifying an application for a certificate of number, a registration, or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the all-terrain vehicle, utility terrain vehicle, boat, or snowmobile if purchased from a dealer or the county where the department of natural resources received the application.

SB347,189 Section 189. Nonstatutory provisions.

SB347,57,2 (1) Emergency rules. Except for the rules authorized under section 23.47 of the statutes, as created by this act, the department may promulgate the rules necessary to implement this act as emergency rules using the procedure under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule necessary to implement this act as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency to promulgate a rule necessary to implement this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, an emergency rule necessary to implement this act, once promulgated, remains in effect until whichever of the following occurs first:

SB347,57,3 (a) July 1, 2018.

SB347,57,4 (b) The effective date of the repeal of the emergency rule.

SB347,57,5 (c) The date on which any corresponding permanent rule takes effect.

SB347,190 Section 190. Initial applicability.

SB347,57,10 (1) The treatment of sections 23.90 (6), 29.957, 29.961 (1) (c) and (2) (b), 29.964 (2m) (b), (3), and (3m) (c), 29.967 (1) (intro.), 29.971 (2) (a), (4), (9), (9m), and (12), 30.577 (1), (3), and (4), 30.80 (1) and (3m), and 971.19 (10) of the statutes first applies to violations that occur on the effective date of this subsection.

SB347,191 Section 191. Effective date.

SB347,57,13 (1) This act takes effect on March 1, 2016, or on the day after publication, whichever is later.

SB347,57,14 (End)