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 an original registration certificate, collect the required fee, and do one of the following:
350.125(1)(a)1.
1. Mail the application and fee to the department no later than 5 days after the date of sale and furnish the buyer with a validated registration receipt.
350.125(1)(ag)
(ag) The department shall provide combination application and receipt forms to be used by the dealer.
350.125(1)(ar)
(ar) No snowmobile dealer may charge an additional fee to the buyer for performing the service required under this subsection unless the dealer uses the expedited service specified in
s. 350.12 (3h) (ag). 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.
350.125 Cross-reference
Cross-reference: See also s.
NR 19.01, Wis. adm. code.
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 each rail authority, as defined in
s. 350.138 (1) (b), in this state, that has furnished the department with the information required under
s. 350.138 (2m), an established snowmobile association that represents snowmobile clubs, as defined in
s. 350.138 (1) (e), in this state, and the office of the commissioner of railroads, 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 railroad trains and railroad track equipment 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 an approaching railroad train or railroad track equipment from the position of a snowmobile operator who is stopped on the approach to the proposed crossing.
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.
350.138
350.138
Snowmobile rail crossings requiring permits. 350.138(1)(b)
(b) "Rail authority" means a rail transit body or a railroad corporation.
350.138(1)(c)
(c) "Rail transit body" means any transit or transportation commission or authority or public corporation established by law or by interstate compact to provide rail service.
350.138(1)(d)
(d) "Snowmobile alliance" means an organization that consists of or represents any combination of 2 or more snowmobile clubs or counties.
350.138(1)(e)
(e) "Snowmobile club" means an organization that meets at least 3 times a year, that has at least 10 members, that promotes snowmobiling and that participates in the department's program under
s. 350.12 (4) (b) 2.
350.138(1)(f)
(f) "Snowmobile organization" means a snowmobile club, a snowmobile alliance or a county.
350.138(2)
(2) Permit required. No person may construct a snowmobile rail crossing that is not located on a railroad crossing of a highway or street unless the person is a snowmobile organization and has a permit issued under this section. No person may maintain a snowmobile rail crossing that is not located on a railroad crossing of a highway or street unless the person is a snowmobile organization and either the person has a permit issued under this section or the snowmobile rail crossing is an established snowmobile rail crossing. In order to obtain a permit required under this section, a snowmobile organization shall apply to the department. A separate permit is required for each snowmobile rail crossing subject to this section.
350.138(2m)
(2m) Designation of agents. Each rail authority with rail lines in this state shall furnish the department with the name and address of an agent who is authorized on behalf of the rail authority to receive copies of snowmobile crossing permit applications filed with the department. A rail authority that has rail lines in this state on September 1, 2001, shall furnish this information to the department within 30 days of September 1, 2001.
350.138(3)
(3) Procedures for permit application. An application submitted under
sub. (2) shall include adequate descriptions and drawings showing the proposed location of the snowmobile rail crossing, the design of the snowmobile rail crossing, and the location of snowmobile trails that connect with the snowmobile rail crossing. The department shall, upon receipt of an application submitted under
sub. (2), send a copy of the application to the agent designated under
sub. (2m) for the applicable rail authority and shall, immediately thereafter, send notice to the applicant that a copy of the application was sent to the designated agent. The notice to the applicant must include the name and address of the designated agent to whom the department sent a copy of the application. The department may reject an application within 15 days after it is submitted if the application is incomplete or is not sufficiently detailed to determine whether to approve or deny the application.
350.138(4)
(4) Permit application approval and denials. 350.138(4)(a)(a) Except as provided under
par. (d), the department shall approve an application submitted under
sub. (2) within 90 days after sending a copy of the application to the rail authority's designated agent under
sub. (3) if the department determines that all of the following conditions have been met:
350.138(4)(a)1.
1. Within 30 days after the date on which the department sent a copy of the application to the applicable rail authority, the applicant provided to the applicable rail authority a written offer to discuss the advisability and feasibility of the proposed rail crossing.
350.138(4)(a)2.
2. The applicant furnished the department with a copy of the written offer provided to the applicable rail authority under
subd. 1.
350.138(4)(a)3.
3. The rail authority did not file an objection with the department to the application within 60 days after receiving notice under
sub. (3) or did not object, within that period, to a modification of the application as agreed to by the rail authority and the applicant.
350.138(4)(b)
(b) The department shall hold a hearing on the application if the conditions under
par. (a) 1.,
2., and
4. are met, if the rail authority files with the department an objection to the application within 60 days after receiving notice under
sub. (3), and if the objection contains all of the following:
350.138(4)(b)1.
1. A statement that, after discussing the advisability and feasibility of the proposed rail crossing with the applicant in good faith, the rail authority opposes the application.
350.138(4)(b)2.
2. A statement of the basis for the rail authority's objection.
350.138(4)(c)
(c) The department shall give notice of any hearing scheduled under
par. (b) to the applicant, to the applicable rail authority, and to the office of the commissioner of railroads. The hearing shall be a contested case hearing under
ch. 227. The department's order issuing or denying a permit is a final order subject to judicial review under
ch. 227.
350.138(4)(d)
(d) The department shall issue a permit to the applicant after a hearing under
par. (b), and after giving substantial weight to the testimony or report given under
s. 195.03 (30), if the department finds that the proposed snowmobile crossing is advisable and feasible. In making its finding, the department shall consider, but not be limited to, all of the following factors:
350.138(4)(d)1.
1. Whether the proposed snowmobile rail crossing could pose a substantial danger to public safety.
350.138(4)(d)2.
2. Whether a snowmobile rail crossing that is located near the proposed snowmobile rail crossing provides an adequate crossing for snowmobiles.
350.138(4)(d)3.
3. Whether the proposed snowmobile rail crossing would have a substantial adverse effect on railroad operations.
350.138(4)(d)4.
4. Whether the proposed snowmobile rail crossing conforms with the requirements of the rules promulgated under
s. 350.137.
350.138(4)(e)
(e) If the department issues a permit to an applicant under this section, the rail authority shall construct that portion of the snowmobile rail crossing that is on the track and that portion that extends outward 4 feet from each outer rail.
350.138(5)(a)(a) The department may charge an initial application fee not to exceed $150 for the costs of reviewing a permit application under
sub. (4). If the department charges the fee, the applicant must include the fee with the permit application.
350.138(5)(b)
(b) Except as provided under
par. (c), if the department issues a permit to an applicant under this section, the applicant shall pay the rail authority $1,500 within 30 days after the date on which the permit is issued, to compensate the rail authority for the cost of constructing the snowmobile rail crossing and to pay for the use of the snowmobile rail crossing by snowmobile operators.
350.138(5)(c)
(c) Biennially, beginning on January 1, 2004, the department shall adjust the fee under
par. (b) by a percentage that is equal to the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, for the 24-month period ending on December 31 of the previous calendar year.
350.138(6)
(6) Liability insurance. The department shall require a snowmobile organization to maintain in effect liability insurance to indemnify the applicable rail authority for damages resulting from the design, construction, maintenance, existence, or use of a snowmobile rail crossing for which a permit is issued under this section, except that the department may not require the snowmobile organization to maintain in effect liability insurance to indemnify the applicable rail authority for injuries sustained by a person engaged in a recreational activity, if the rail authority would be immune from liability for those injuries under
s. 895.52. Regardless of the number of snowmobile rail crossings that the snowmobile organization maintains under this section and
s. 350.139, the amount of the liability insurance that is required to be maintained under this subsection shall be at least $2,000,000 for each snowmobile organization. The snowmobile organization shall designate the applicable rail authority as a named insured on the policy. Any liability insurance that is required under this subsection for the purpose of indemnifying a rail authority that is a rail transit body shall also indemnify the owners and operators of any railroad using the tracks of the rail transit body. Annually, beginning on December 1, 2001, each snowmobile organization that is required to maintain liability insurance under this subsection shall furnish proof of that insurance to the applicable rail authority and to the department.
350.138(7)
(7) Rights-of-way. For each application approved under
sub. (4), the applicable rail authority shall give the snowmobile organization access to any right-of-way that the rail authority may have to permit the snowmobile organization to construct and maintain the snowmobile rail crossing.
350.138(8)
(8) Revocation of permits. The department may revoke a permit that it issued if the department determines that the snowmobile rail crossing is not constructed or maintained in compliance with the rules promulgated under
s. 350.137. The department shall revoke a permit that it issued if the snowmobile organization does not maintain any liability insurance that is required under
sub. (6) or the snowmobile rail crossing is not maintained for use by snowmobiles for at least 5 winters in any 10-year period. The 10-year period for purposes of this subsection shall begin on the first December 15 following the date of the issuance of the permit.
350.138(9)
(9) Inspection authorized. The department or the office of the commissioner of railroads may inspect the site of a proposed snowmobile rail crossing or the site of a snowmobile rail crossing for which a permit has been issued to determine whether there are grounds to refuse to issue a permit under
sub. (4) or to revoke a permit under
sub. (8).
350.138 History
History: 1993 a. 120;
2001 a. 14.
350.139
350.139
Established snowmobile rail crossings.
