Section 23.35. Reciprocal registration exemption agreements for federally recognized American Indian tribes and bands.

 

(1)  The secretary shall enter into a reciprocal agreement with a federally recognized American Indian tribe or band in this state to exempt, from the registration and certification requirements of this state, boats, snowmobiles, all-terrain vehicles, utility terrain vehicles, and off-highway motorcycles that are owned by tribal or band members and registered under a registration program established by the tribe or band if the tribe or band requests the agreement and if the registration program does all of the following:

(a) Requires that boats, snowmobiles, all-terrain vehicles, utility terrain vehicles, and off-highway motorcycles display decals or identification numbers showing valid registration by the tribe or band.

(b) Employs registration decals and certificates of number that are substantially similar to those employed by the registration or certification programs of this state with regard to size, legibility, information content and placement on the boat, snowmobile, all-terrain vehicle, utility terrain vehicle, or off-highway motorcycle.

(c) Employs a sequential numbering system that includes a series of letters or initials that identify the tribe or band issuing the registration.

(d) Provides all registration information to this state in one of the following ways:

1. By transmitting all additions, changes or deletions of registration information to persons identified in the agreement, for incorporation into the registration records of this state, within one working day of the addition, change or deletion.

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.

(e) Provides reciprocal exemptions, from the tribe's or band's registration requirements, for boats, snowmobiles, all-terrain vehicles, utility terrain vehicles, and off-highway motorcycles that are registered or certified by this state that are substantially as favorable as the exemptions enjoyed by the tribe or the band under the agreement. In this paragraph, “reciprocal exemption" means an exemption under the agreement that exempts from a tribe's or band's registration requirements, for operation within the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, utility terrain vehicle, or off-highway motorcycle that is owned by a person who is not a member of the tribe or band and that is registered or certified by this state to the same extent that the agreement exempts from state registration and certification requirements, for the operation outside the boundaries of the tribe's or band's reservation, a boat, snowmobile, all-terrain vehicle, utility terrain vehicle, or off-highway motorcycle that is registered by the tribe or band.

(2)  An agreement entered into under sub. (1) may cover a registration program for boats, snowmobiles, all-terrain vehicles, utility terrain vehicles, or off-highway motorcycles, or any combination thereof.

1993 a. 405 ; 2011 a. 208 ; 2015 a. 170 .