LRB-2870/1
MGG&TNF:kjf:rs
2003 - 2004 LEGISLATURE
October 29, 2003 - Introduced by Representatives Pettis, LeMahieu, Bies,
Gunderson, Towns, Van Roy, Ott, Hahn, Hines, Seratti and Weber,
cosponsored by Senators Harsdorf, Lassa and Stepp. Referred to Committee
on Tourism.
AB630,2,2
1An Act to repeal 350.02 (2) (b) 6.;
to renumber 100.48 (1) (a);
to renumber and
2amend 347.415 (1);
to amend 25.29 (1) (d) 1., 100.48 (1) (b), 100.48 (2), 100.48
3(3) (a), 100.48 (4) (a), 100.48 (4) (b), 347.415 (4), 347.50 (1), 347.50 (2), 350.02
4(2) (a) 6., 350.02 (3m) and 350.12 (3) (a) 2.; and
to create 100.48 (1) (ad), 100.48
5(1) (ag), 100.48 (1) (c), 100.48 (4) (c), 347.415 (1g), 350.02 (2m), 350.035 and
6350.15 (6) of the statutes;
relating to: calculating the estimated snowmobile
7gas tax payment; operation of snowmobiles by law enforcement officers on
8highways; operation of snowmobiles proceeding in opposite directions or in
9excess of roadway speed limits; tampering with odometers of snowmobiles and
10all-terrain vehicles and with hour meters of boats, snowmobiles, and
11all-terrain vehicles; transfer of snowmobile registration certificates;
12exempting accidents occurring in certain snowmobile races or derbies from
1requirements to render aid and from reporting and investigation requirements;
2and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill consists of various changes to current law governing the operation of
snowmobiles, equipment on snowmobiles, snowmobile registration certificates,
snowmobile derbies and races, and funding for snowmobile trail, safety, and
enforcement costs. The changes include the following:
1. The bill provides that a person operating a snowmobile on or adjacent to any
roadway must observe the roadway speed limit unless the person is operating the
snowmobile as part of a snowmobile special event authorized by the local
governmental unit having jurisdiction over the roadway. Under current law, a
person operating a snowmobile adjacent to a roadway or on certain roadways that
are open to snowmobiles for access to lodging or residences must observe the roadway
speed limits.
2. The bill exempts snowmobile accidents occurring during snowmobile races
or derbies that are sponsored by certain entities such as local governmental units or
snowmobile clubs from general procedures that must be followed in the event of a
snowmobile accident. These procedures include requirements to render aid and to
report any accident that involves an injury that requires treatment by a physician
to a law enforcement official.
3. The bill prohibits any person from knowingly interfering with the proper
operation of the odometer of a snowmobile or all-terrain vehicle. The bill prohibits
any person, with intent to defraud, from interfering with the proper operation of an
hour meter on a snowmobile, all-terrain vehicle, or boat. An hour meter measures
and records the hours that the snowmobile, all-terrain vehicle, or boat has been
operating. These provisions are similar to ones prohibiting tampering with the
odometer of a motor vehicle or with the hour meter of farm equipment. The bill
contains exceptions to allow a malfunctioning odometer or hour meter to be restored
to its proper working order.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB630, s. 1
3Section
1. 25.29 (1) (d) 1. of the statutes is amended to read:
AB630,3,24
25.29
(1) (d) 1. An amount calculated by multiplying the number of
5snowmobiles registered under s. 350.12 or 350.122 on the last day of
February March 6of the previous fiscal year by 50 gallons and multiplying that product by the excise
1tax imposed under s. 78.01 (1) on the last day of
February March of the previous fiscal
2year.
AB630, s. 2
3Section
2. 100.48 (1) (a) of the statutes is renumbered 100.48 (1) (am).
AB630, s. 3
4Section
3. 100.48 (1) (ad) of the statutes is created to read:
AB630,3,55
100.48
(1) (ad) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).
AB630, s. 4
6Section
4. 100.48 (1) (ag) of the statutes is created to read:
AB630,3,77
100.48
(1) (ag) "Boat" has the meaning given in s. 30.50 (2).
AB630, s. 5
8Section
5. 100.48 (1) (b) of the statutes is amended to read:
AB630,3,119
100.48
(1) (b) "Hour meter" means an instrument
on a piece of farm equipment 10that measures and records the actual hours of operation of the
piece of farm
11equipment vehicle or device to which the instrument is attached.
AB630, s. 6
12Section
6. 100.48 (1) (c) of the statutes is created to read:
AB630,3,1313
100.48
(1) (c) "Snowmobile" has the meaning given in s. 350.01 (12).
AB630, s. 7
14Section
7. 100.48 (2) of the statutes is amended to read:
AB630,3,1915
100.48
(2) No person may, either personally or through an agent, remove,
16replace, disconnect, reset, tamper with, alter, or fail to connect, an hour meter
17attached to farm equipment, a snowmobile, an all-terrain vehicle, or a boat with the
18intent to defraud by changing or affecting the number of hours of operation indicated
19on the hour meter.
AB630, s. 8
20Section
8. 100.48 (3) (a) of the statutes is amended to read:
AB630,4,1021
100.48
(3) (a) Nothing in this section shall prevent the service, repair or
22replacement of an hour meter if the number of hours of operation indicated on the
23hour meter remains the same as before the service, repair or replacement. If an hour
24meter
attached to farm equipment, a snowmobile, an all-terrain vehicle, or a boat 25is incapable of registering the same number of hours of operation as before its service,
1repair or replacement, the hour meter shall be adjusted to read zero, and a sticker
2shall be affixed by the owner of the
piece of farm equipment vehicle or device to which
3the hour meter is attached or an agent, in proximity to the hour meter, specifying the
4number of hours of operation recorded on the hour meter prior to its service, repair
5or replacement and the date on which it was serviced, repaired or replaced. No
6person who services, repairs or replaces an hour meter
attached to farm equipment,
7a snowmobile, an all-terrain vehicle, or a boat that is incapable of registering the
8same number of hours of operation as before such service, repair or replacement may
9fail to adjust the hour meter to read zero or fail to affix the sticker required by this
10paragraph.
AB630, s. 9
11Section
9. 100.48 (4) (a) of the statutes is amended to read:
AB630,4,1412
100.48
(4) (a) Any person who violates sub. (2) or (3) (b)
with respect to an hour
13meter attached to farm equipment may be fined not more than $5,000 or imprisoned
14for not more than one year in the county jail, or both, for each violation.
AB630, s. 10
15Section
10. 100.48 (4) (b) of the statutes is amended to read:
AB630,4,1816
100.48
(4) (b) Any person who violates sub. (3) (a)
with respect to an hour meter
17attached to farm equipment may be required to forfeit not more than $500 for each
18violation.
AB630, s. 11
19Section
11. 100.48 (4) (c) of the statutes is created to read:
AB630,4,2320
100.48
(4) (c) Any person who violates sub. (2) or (3) with respect to an hour
21meter attached to a snowmobile, an all-terrain vehicle, or a boat may be fined not
22more than $5,000 or imprisoned for not more than one year in the county jail, or both,
23for each violation.
AB630, s. 12
24Section
12. 347.415 (1) of the statutes is renumbered 347.415 (1m) and
25amended to read:
AB630,5,4
1347.415
(1m) No person
shall
may, either personally or through an agent,
2remove, replace, disconnect, reset, tamper with, alter, or fail to connect the odometer
3of any motor vehicle
, snowmobile, or all-terrain vehicle with the intent to change or
4affect the number of miles indicated thereon.
AB630, s. 13
5Section
13. 347.415 (1g) of the statutes is created to read:
AB630,5,106
347.415
(1g) In this section, "odometer" means an instrument for measuring
7and recording the actual distance that a motor vehicle, snowmobile, or all-terrain
8vehicle has traveled while in operation, but does not include any auxiliary
9instrument designed to be reset to zero to measure and record the actual distance
10that a motor vehicle, snowmobile, or all-terrain vehicle has traveled on trips.
AB630, s. 14
11Section
14. 347.415 (4) of the statutes is amended to read:
AB630,5,1312
347.415
(4) No person shall conspire with any other person to violate sub.
(1) 13(1m), (2) or (3).
AB630, s. 15
14Section
15. 347.50 (1) of the statutes is amended to read:
AB630,5,1715
347.50
(1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s.
16347.415
(1) (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or
17(4) (a) or s. 347.489, may be required to forfeit not less than $10 nor more than $200.
AB630, s. 16
18Section
16. 347.50 (2) of the statutes is amended to read:
AB630,5,2119
347.50
(2) Any person violating s. 347.415
(1) (1m), (2), and (3) to (5) or 347.475
20may be fined not more than $5,000 or imprisoned for not more than one year in the
21county jail, or both, for each violation.
AB630, s. 17
22Section
17. 350.02 (2) (a) 6. of the statutes is amended to read:
AB630,6,323
350.02
(2) (a) 6. On a portion of the roadway or shoulder of a highway for a
24purpose of residential access or for the purpose of access from lodging if the town, city
25or village, within which that portion of the highway lies, enacts an ordinance under
1s. 350.18 (3) for that portion of the highway.
A snowmobile operated on a portion of
2the roadway or shoulder of a highway under this subdivision shall observe roadway
3speed limits.
AB630, s. 18
4Section
18. 350.02 (2) (b) 6. of the statutes is repealed.
AB630, s. 19
5Section
19. 350.02 (2m) of the statutes is created to read:
AB630,6,96
350.02
(2m) No person may operate a snowmobile on or adjacent to a roadway
7in excess of the applicable roadway speed limit established under s. 346.57 or 349.11
8unless the person is operating the snowmobile as part of a special event authorized
9under s. 350.04.
