350.12(3m)
(3m) Snowmobile registration and trail use sticker receipts. 350.12(3m)(a)(a)
Deposited in the conservation fund. All moneys that are collected under this section and that are not issuing fees retained by agents appointed by the department shall be deposited in the conservation fund and credited to the snowmobile account established under
s. 25.29 (1m).
350.12(3m)(d)
(d)
Estimate. On July 1 of each even-numbered year, the department shall estimate as accurately as possible the total registration receipts for a 2-year period and adjust the estimate periodically to reflect actual receipts.
350.12(4)(a)2m.
2m. The costs incurred by coroners or medical examiners in the submission of reports and blood specimens and by laboratories in the analysis of blood specimens under
s. 350.155;
350.12(4)(a)3.
3. The cost of a snowmobile safety and accident reporting program in the sum of $80,000 annually;
350.12(4)(a)4.
4. An amount necessary to pay the cost of law enforcement aids to counties as appropriated under
s. 20.370 (5) (es). On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.
350.12(4)(am)
(am)
Enforcement aids to department. 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.
350.12(4)(b)
(b)
Trail aids and related costs. The moneys appropriated under
s. 20.370 (1) (mq) and
(5) (cb),
(cr) and
(cs) 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:
350.12(4)(b)1.
1. State aids and funds for maintenance costs shall be 100% of the actual cost of maintaining the trail per year up to a $250 per mile per year maximum, except as provided in
pars. (bg) to
(br). Qualifying trails are trails approved by the board as snowmobile trails. State aid for development may equal 100% of development expenses. Aids for major reconstruction or rehabilitation projects to improve bridges may equal 100% of eligible costs. Aids for trail rehabilitation may equal 100% of eligible costs. Development shall begin the same year the land is acquired. Moneys available for development shall be distributed on a 100% grant basis, 75% at the time of approval but no later than January 1 and 25% upon completion of the project. A county application may include a request for development, rehabilitation or maintenance of trails, or any combination thereof. Trail routes, sizes and specifications shall be prescribed only by the board.
350.12(4)(b)2.
2. Not more than $15,000 annually for a cooperative sign program with snowmobile clubs for club snowmobile trails open to the public and meeting minimum trail construction standards. Clubs may apply to the department for free signs on forms prescribed by the department and submit required documentation as prescribed by departmental rule on or before April 15 of each year.
350.12(4)(b)3.
3. Not more than $30,000 for a route signing program of aids to cities, villages, towns or counties of up to 100% of the cost of initial signing of snowmobile routes which connect authorized trails or which offer entrance to or exit from trails leading to such municipalities. Aid may be provided under this subdivision to cities, villages, towns and counties for up to 100% of the cost of placing signs developed under
s. 350.108 (1) (b) which briefly explain the intoxicated snowmobiling law along snowmobile routes. Applications and documentation shall be submitted to the department by April 15 of each year on forms prescribed by departmental rule.
350.12(4)(b)4.
4. For the maintenance, rehabilitation and development of snowmobile trails and areas on state lands and for major rehabilitation of snowmobile bridges, 100% of the actual cost for development and rehabilitation and 100% of the actual cost of maintaining the trails per year up to the per mile per year maximum specified under
subd. 1. Qualifying trails are those approved by the board. Trail routes, sizes and specifications shall be prescribed only by the board.
350.12(4)(bc)2.
2. The acquisition of interests in land by lease, easement, permit, or other agreement if the term of the acquisition is for a period of 3 years or longer.
350.12(4)(be)
(be)
Maintenance costs. In addition to paying for trail maintenance costs, payments received for maintenance under
par. (b) 1. or
4.,
par. (bg) or
(bm) may be used for any of the following:
350.12(4)(be)2.
2. The acquisition of interests in land, by lease, easement, permit or other agreement if the term of the acquisition is for a period of less than 3 years.
350.12(4)(bg)
(bg)
Supplemental trail aid payments. 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).
350.12(4)(bm)
(bm)
Supplemental trail aid payments; eligibility. A county or the department shall be eligible for payments under
par. (bg) if it applies for the aid and if all of the following apply:
350.12(4)(bm)1.
1. The actual cost incurred by the department or the county in maintaining its trails that are qualified under
par. (b) 1. or
4. in the previous fiscal year exceeds the maximum of $250 per mile per year under
par. (b) 1.
350.12(4)(bm)2.
2. Of the actual cost incurred by the department or the county in maintaining its trails that are qualified under
par. (b) 1. or
4. for the fiscal year applicable under
subd. 1., the actual cost incurred in grooming the trails exceeds a maximum of $130 per mile per year.
350.12(4)(br)
(br)
Supplemental trail aid payments; insufficient funding. If the aid that is payable to counties and to the department under
par. (bm) exceeds the moneys available under
par. (bg), the department may prorate the payments or may request the joint committee on finance to take action under
s. 13.101. The requirement of a finding of emergency under
s. 13.101 (3) (a) 1. does not apply to such a request.
350.12(4)(c)2.
2. If any moneys appropriated under
s. 20.370 (9) (mu) lapse, a portion of those moneys shall revert to the snowmobile account in the conservation fund. The department shall calculate that portion by multiplying the total amount lapsing from the appropriation by the same percentage the department used for the fiscal year to determine the amount to be expended under the appropriation for snowmobile registration.
350.12(5)
(5) Registration decals and trail use stickers to be displayed. 350.12(5)(a)(a) The owner of the snowmobile shall attach the registration decals to the snowmobile in a prominent place, and shall maintain the registration decals in a legible condition at all times. Decals shall be not larger than 3 inches in height and 6 inches in width. Registration decals are to be applied on both sides of the cowling of the snowmobile. The owner of the snowmobile shall attach the trail use sticker to the snowmobile in the manner promulgated by rule by the department.
350.12(5)(b)
(b) The registration certificate or, for owners who purchased a snowmobile and who have received an approved application for registration receipt validated by the department but who have not yet received the registration certificate, the approved application for registration receipt shall be in the possession of the user of the snowmobile at all times.
350.12(5)(c)
(c) The registration certificate or, for owners who purchased a snowmobile and who have received an approved application for registration receipt validated by the department but who have not yet received the registration certificate, the approved application for registration receipt shall be exhibited, upon demand, by the user of the snowmobile for inspection by any person authorized to enforce this section as provided under
s. 350.17 (1) and
(3).
350.12(5)(cm)
(cm) A person may operate a snowmobile without having the registration decals displayed as provided under
par. (a) if the owner has received an approved application for registration receipt validated by the department and if the user of the snowmobile complies with
pars. (b) and
(c).
350.12(5)(d)
(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 the application and the proper fee to the department or to an agent appointed under
sub. (3h) (e).
350.12(5)(e)
(e) This subsection does not apply to any snowmobile to which a reflectorized plate is attached as required under
sub. (3) (c) 3.
350.12(6)
(6) Change of address. Whenever the owner of a registered snowmobile changes his or her address, the owner shall within 15 days thereafter notify the department in writing of the new address and of the registration numbers awarded to the owner. At the same time the owner shall endorse the new address on the owner's registration certificates.
350.12(7)
(7) Sales and use taxes. The department shall collect sales and use taxes due under
s. 77.61 (1) on any snowmobile registered under this section and the report in respect to those taxes. The department shall use collection and accounting methods approved by the department of revenue.
350.12 History
History: 1971 c. 211,
277;
1973 c. 298;
1975 c. 39 ss.
693g to
693m,
734;
1975 c. 224;
1977 c. 29,
402;
1979 c. 32;
1979 c. 34 ss.
1072,
2102 (39) (a);
1979 c. 221;
1981 c. 20,
294,
295;
1983 a. 27 ss.
1709,
1710,
2202 (38);
1983 a. 36,
405;
1985 a. 29 s.
3202 (39);
1985 a. 68,
322;
1985 a. 332 ss.
211,
253;
1987 a. 27,
129,
399;
1989 a. 31,
270,
336;
1991 a. 39,
269,
316;
1993 a. 16,
405,
436;
1995 a. 27,
225;
1997 a. 27,
237;
1999 a. 9.
350.122
350.122
Lac du Flambeau registration program. 350.122(1)(a)
(a) "Band" means the Lac du Flambeau band of Lake Superior Chippewa.
350.122(1)(b)
(b) "Reservation" means the territory within the boundaries of the Lac du Flambeau reservation that were in existence on April 10, 1996.
350.122(2)
(2) Authorization for issuance. The band may issue registration certificates for public use or private use for snowmobiles that are equivalent to the registration certificates for public use or private use that are issued by the department. The band may not register snowmobiles as antiques and may not issue registration certificates to political subdivisions of this state. The band may renew and transfer a registration certificate that it or the department has issued. The band may issue duplicates of only those registration certificates that it issues under this section.
350.122(3)
(3) Requirements for issuance; fees; periods of validity. 350.122(3)(a)(a) For issuing or renewing any registration certificate under this section, the band shall collect the same fee that would be collected for the equivalent registration certificate under
s. 350.12 (3) (a). For transferring a registration certificate under this section, the band shall collect the same fee that would be collected for the transfer under
s. 350.12 (3) (a) 3. For issuing a duplicate registration certificate under this section, the band shall collect the same fee that would be collected for the duplicate under
s. 350.12 (3) (e).
350.122(3)(b)
(b) The band may not issue, renew or otherwise process registration certificates under this section in conjunction with discount coupons or as part of a promotion or other merchandising offer.
350.122(3)(c)
(c) For a registration certificate issued, transferred or renewed under this section, the period of validity shall be the same as it would be for the equivalent registration certificate under
s. 350.12 (3) (a).
350.122(3)(d)
(d) The band may issue, renew or otherwise process registration certificates under this section only to persons who appear in person on the reservation.
350.122(4)
(4) Requirements for registration: procedures, applications and decals. 350.122(4)(a)(a) The band shall use registration applications and certificates that are substantially similar to those under
s. 350.12 with regard to length, legibility and information content.
350.122(4)(b)
(b) The band shall use registration decals that are substantially similar to those under
s. 350.12 with regard to color, size, legibility, information content, and placement on the snowmobile.
350.122(4)(c)
(c) The band shall use a sequential numbering system that includes a series of letters or initials that identify the band as the issuing authority.
350.122(5)
(5) Registration information; records; tax collection. 350.122(5)(a)(a) The band shall provide registration information to the state in one of the following ways:
350.122(5)(a)1.
1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement described under
sub. (6), for incorporation into the registration records of this state, within one working day after the addition, change or deletion.
350.122(5)(a)2.
2. By establishing a 24-hour per day data retrieval system, consisting of either a law enforcement agency with 24-hour per day staffing or a computerized data retrieval system to which law enforcement officials of this state have access at all times.
350.122(5)(b)
(b) Before June 1 annually, the band shall submit a report to the department notifying it of the number of each type of registration certificate that the band issued, transferred or renewed for the period beginning on April 1 of the previous year and ending on March 31 of the year in which the report is submitted.
350.122(5)(c)
(c) For law enforcement purposes, the band shall make available for inspection by the department during normal business hours the band's records of all registration certificates issued, renewed or otherwise processed, including copies of all applications made for certificates.
350.122(5)(d)
(d) The band shall ensure that a record of each registration certificate issued, renewed or otherwise processed under this section, including a copy of each application made, is retained for at least 2 years after the date of expiration of the certificate.
350.122(5)(e)
(e) The band shall collect the sales and use taxes due under
s. 77.61 (1) on any snowmobile registered under this section and make the report in respect to those taxes. The band shall use collection and accounting methods approved by the department of revenue. On or before the 15th day of each month, the band shall pay to the department of revenue all taxes that the band collected in the previous month.
350.122(6)
(6) Applicability. This section does not apply unless the department and the band have in effect a written agreement under which the band agrees to comply with
subs. (2) to
(5) and that contains all of the following terms:
350.122(6)(a)
(a) The manner in which the band will limit its treaty-based right to fish outside the reservation.
350.122(6)(b)
(b) A requirement that the fees collected by the band under
sub. (3) be used only for a program for registering snowmobiles, for regulating snowmobiles and snowmobiling and for providing snowmobile trails, and snowmobile facilities.
350.122 History
History: 1997 a. 27.
350.125
350.125
Completion of application for registration by snowmobile dealers. 350.125(1)(a)(a) When a snowmobile dealer sells a snowmobile the dealer, at the time of sale, shall require the buyer to complete an application for a registration certificate, collect the required fee and mail the application and fee to the department no later than 5 days after the date of sale. The department shall provide combination application and receipt forms and the dealer shall furnish the buyer with a completed receipt showing that application for registration has been made. This completed receipt shall be in the possession of the user of the snowmobile until the registration certificate is received. No snowmobile dealer may charge an additional fee to the buyer for performing the service required under this subsection. No snowmobile dealer may perform this service for a registration under
s. 350.122
350.125(1)(b)
(b) When a snowmobile dealer sells a snowmobile to a person from another state who wishes to register the snowmobile in his or her home state or to a person who wishes to register the snowmobile under
s. 350.122, the dealer shall, at the time of sale, complete an application for a registration certificate and indicate on the application that the snowmobile is to be registered in another state or under
s. 350.122 and mail one copy to the department no later than 14 days after the date of sale, furnish the buyer with one copy and retain one copy for the dealer's records.
350.125(2)
(2) Every dealer shall maintain, for one year, a record in the form prescribed by the department for each new snowmobile sold. These records shall be open to inspection by the department.
350.13
350.13
Uniform trail signs and standards. The department of natural resources in cooperation with the department of transportation, after public hearing, shall promulgate rules to establish uniform trail and route signs and standards relating to operation thereon as authorized by law. The authority in charge of the maintenance of the highway may place signs on highways under its jurisdiction where authorized snowmobile trails cross. These signs must be of a type approved by the department of natural resources and the department of transportation.
350.135
350.135
Interferences with uniform trail signs and standards prohibited. 350.135(1)
(1) No person may intentionally remove, damage, deface, move or obstruct any uniform snowmobile trail sign or standard or intentionally interfere with the effective operation of any uniform snowmobile trail sign or standards if the sign or standard is legally placed by the state, any municipality or any authorized individual. This subsection does not apply to an authorized individual who removes or moves any uniform snowmobile trail sign or standard from his or her own property.
350.135(2)
(2) No person may possess any uniform snowmobile trail sign or standard of the type established by the department for the warning, instruction or information of the public, unless he or she obtained the uniform snowmobile trail sign or standard in a lawful manner. Possession of a uniform snowmobile trail sign or standard creates a rebuttable presumption of illegal possession.
350.135 History
History: 1981 c. 295;
1993 a. 119.
350.137
350.137
Uniform snowmobile rail crossing standards. 350.137(1)(1) The department, after having consulted with the snowmobile recreational council, shall promulgate rules to establish uniform maintenance standards and uniform design and construction standards for snowmobile rail crossings under
ss. 350.138 and
350.139.
350.137(2)
(2) The maintenance standards shall include requirements for the marking of snowmobile rail crossings and for the maintenance of adequate drainage of railroad rights-of-way. The design and construction standards shall include a list and a description of the frequency and speed of trains and the types of railroad tracks, embankments, ditches, snowmobile trail alignments and other configurations that do any of the following:
350.137(2)(a)
(a) Preclude the use of a proposed site for a snowmobile rail crossing because the site would be unsafe due to poor visibility of the proposed snowmobile rail crossing from the cab of a railroad engine.
350.137(2)(b)
(b) Make it difficult to construct a snowmobile rail crossing at a proposed site because of steep embankments or irregular terrain near the railroad track.
350.137(3)
(3) No rule may be promulgated under this section without the approval of the rule by the public service commission.
350.137 History
History: 1993 a. 120.
350.138
350.138
Snowmobile rail crossings requiring permits.
