Amendment ASA1-AB439

AB439-ASA1,7,5 2. A valid certificate issued by another state or a province of Canada may be used by the holder of the certificate in lieu of a certificate issued under subd. 1. if the examination content substantially meets that established by the department.

AB439-ASA1, s. 24 Section 24. 30.68 (5m) of the statutes is amended to read:

AB439-ASA1,7,11 30.68 (5m) Towing by a personal watercraft. A No person may use a personal watercraft to tow any other watercraft or object except a stranded or disabled boat if, during towing, the speed of the personal watercraft does not exceed. No person may use a personal watercraft to tow a stranded or disabled boat at a speed in excess of slow-no-wake.

AB439-ASA1, s. 25 Section 25. 30.68 (9) and (10) of the statutes are amended to read:

AB439-ASA1,7,15 30.68 (9) Overloading. No person may operate a boat shall be that is loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other existing operating conditions.

AB439-ASA1,7,19 (10) Overpowering. No person may equip or operate a boat shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions.

AB439-ASA1, s. 26 Section 26. 30.68 (13) of the statutes is created to read:

AB439-ASA1,7,24 30.68 (13) Eyesight restrictions. (a) No person may operate a motorboat without using corrective lenses if the person is required by the department of transportation or by another state to use corrective lenses while operating a motor vehicle.

AB439-ASA1,8,3 (b) No person may operate a motorboat during nighttime hours if the person is prohibited by the department of transportation or by another state from operating a motor vehicle during nighttime hours.

AB439-ASA1, s. 27 Section 27. 30.681 (1) (bn) of the statutes is created to read:

AB439-ASA1,8,9 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below age 19. A person who has not attained the age of 19 may not engage in the operation of a motorboat while he or she has a blood alcohol concentration of more than 0.0% but not more than 0.1% by weight of alcohol in his or her blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of his or her breath.

AB439-ASA1, s. 28 Section 28. 30.69 (1) of the statutes is renumbered 30.69 (1m), and 30.69 (1m) (a) and (c), as renumbered, are amended to read:

AB439-ASA1,8,23 30.69 (1m) (a) Except as provided in par. (b), no person may operate a motorboat towing a person on water skis, aquaplane or similar device who is engaged in water skiing unless there is in the boat motorboat a competent person in addition to the operator in a position to observe the progress of the person being towed. An observer shall be considered competent if that person can in fact observe the person being towed and relay any signals to the operator. This observer requirement does not apply to motorboats classified as Class A motorboats by the department actually operated by the persons being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. No person may engage in water skiing, aquaplaning or similar activity, at any time from sunset to sunrise. This restriction of the hours of water skiing does not prevent restrictions of the hours of water skiing between sunrise and sunset by local ordinances enacted pursuant to s. 30.77 (3).

AB439-ASA1,9,2 (c) In addition to complying with par. (a), no person may operate a personal watercraft that is towing a person who is on water skis, an aquaplane or similar device engaged in water skiing unless the personal watercraft is designed to seat at least 3 persons.

AB439-ASA1, s. 29 Section 29. 30.69 (1) of the statutes is created to read:

AB439-ASA1,9,5 30.69 (1) Definition. In this section, "water skiing" includes water skiing using water skis, an aquaplane or a similar device and barefoot water skiing.

AB439-ASA1, s. 30 Section 30. 30.69 (2) of the statutes is amended to read:

AB439-ASA1,9,11 30.69 (2) Careful and prudent operation. A person operating a motorboat having in tow a person on water skis, aquaplane or similar device who is engaged in water skiing shall operate such boat the motorboat in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.

AB439-ASA1, s. 31 Section 31. 30.69 (3) (a) of the statutes is amended to read:

AB439-ASA1,9,16 30.69 (3) (a) No person operating a motorboat that is towing persons engaged in water skiing, aquaplaning or similar activity may operate the motorboat within 100 feet of any occupied anchored boat, any personal watercraft or any marked swimming area or public boat landing.

AB439-ASA1, s. 32 Section 32. 30.69 (3) (b) of the statutes is amended to read:

AB439-ASA1,9,20 30.69 (3) (b) No person who is engaged in water skiing , aquaplaning or similar activity may get within 100 feet of a personal watercraft or allow the tow rope while in use to get within 100 feet of a personal watercraft.

AB439-ASA1, s. 33 Section 33. 30.69 (3) (c) 1. of the statutes is amended to read:

AB439-ASA1,9,23 30.69 (3) (c) 1. A motorboat towing a person who is engaged in water skiing, aquaplaning or similar activity.

AB439-ASA1, s. 34 Section 34. 30.69 (3) (c) 2. of the statutes is amended to read:

AB439-ASA1,10,2 30.69 (3) (c) 2. The tow rope of a motorboat towing a person who is engaged in water skiing, aquaplaning or similar activity.

AB439-ASA1, s. 35 Section 35. 30.69 (3) (c) 3. of the statutes is amended to read:

AB439-ASA1,10,5 30.69 (3) (c) 3. A person who is engaged in water skiing, aquaplaning or similar activity.

AB439-ASA1, s. 36 Section 36. 30.69 (3) (d) of the statutes is amended to read:

AB439-ASA1,10,11 30.69 (3) (d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are a person who is water skiing or a motorboat towing that person in an area that is marked with regulatory markers and that are is open to operators of personal watercraft and to persons and motorboats engaged in water skiing the person or motorboat for pickup or drop-off purposes.

AB439-ASA1, s. 37 Section 37. 30.69 (4) of the statutes is amended to read:

AB439-ASA1,10,18 30.69 (4) Intoxicated operation. No person may use water skis, an aquaplane or a similar device engage in water skiing while under the influence of an intoxicant to a degree which renders him or her incapable of safely using water skis, an aquaplane or a similar device, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely using water skis, an aquaplane or a similar device water skiing.

AB439-ASA1, s. 38 Section 38. 30.74 (1) (b) of the statutes is amended to read:

AB439-ASA1,11,2 30.74 (1) (b) The department shall prescribe the course content, and the form of the certificate and may collect $2 $5 from each person who enrolls in the course. The department may authorize instructors conducting such courses meeting standards established by it to retain $1 $2.50 of the fee to defray expenses incurred locally to operate the program. The remaining $1 $2.50 of the fee shall be retained by the department for the purpose of defraying a part of its expenses incurred to operate the program.

AB439-ASA1, s. 39 Section 39. 30.74 (1) (c) of the statutes is amended to read:

AB439-ASA1,11,8 30.74 (1) (c) Valid certificates For purposes of s. 30.68 (3), a valid certificate issued by other states or provinces held by persons between the ages of 10 and 16 years will be honored another state or a province of Canada may be used by the holder of the certificate in lieu of a certificate issued under par. (a) if the course content substantially meets that established by the department.

AB439-ASA1, s. 40 Section 40. 30.77 (3) (a) of the statutes is amended to read:

AB439-ASA1,11,15 30.77 (3) (a) Any town, village or city may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact ordinances applicable on any waters of this state within its jurisdiction if the ordinances are not contrary to or inconsistent with this chapter and if the ordinances relate to the equipment, use or operation of boats or to any activity regulated by ss. 30.60 to 30.71.

AB439-ASA1,11,18 (ac) Except as provided under s. 33.455 (3) (b), no such ordinance that pertains to the equipment, use or operation of a boat on an inland lake is valid unless all one of the following occurs:

AB439-ASA1,11,20 1. All towns, cities and villages and cities having jurisdiction on over the waters of the lake have enacted an identical ordinance.

AB439-ASA1, s. 41 Section 41. 30.77 (3) (ac) 2. of the statutes is created to read:

AB439-ASA1,11,24 30.77 (3) (ac) 2. At least 50% of the towns, villages and cities having jurisdiction over the lake have enacted an identical ordinance and at least 60% of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.

AB439-ASA1, s. 42 Section 42. 30.77 (3) (ae) of the statutes is created to read:

AB439-ASA1,12,10 30.77 (3) (ae) If a town, village or city proposes to amend or repeal an ordinance that it enacted under par. (ac), and if the amendment or repeal will result in less than 50% of the towns, villages or cities with jurisdiction over the lake still having in effect the current ordinance or if the amendment or repeal will result in less than 60% of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with the current ordinance still in effect, the town, village or city proposing the amendment or repeal shall hold a hearing on the issue at least 30 days before the amendment or repeal will take effect and shall give notice as required under par. (aw) 2. If, after holding the hearing, the town, village or city amends or repeals the ordinance that it enacted under par. (ac), all of the identical ordinances are void.

AB439-ASA1, s. 43 Section 43. 30.77 (3) (am) 1. of the statutes is amended to read:

AB439-ASA1,12,15 30.77 (3) (am) 1. A public inland lake protection and rehabilitation district may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact and enforce ordinances applicable to a lake entirely within its boundaries if each one of the following occurs:

AB439-ASA1,12,17 a. Each town, village and city having jurisdiction on over the lake adopts a resolution authorizing the lake district to do so.

AB439-ASA1, s. 44 Section 44. 30.77 (3) (am) 1. b. of the statutes is created to read:

AB439-ASA1,12,22 30.77 (3) (am) 1. b. At least 50% of the towns, villages and cities having jurisdiction over the lake adopt resolutions authorizing the lake district to enact and enforce ordinances, and at least 60% of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.

AB439-ASA1, s. 45 Section 45. 30.77 (3) (am) 4. of the statutes is repealed and recreated to read:

AB439-ASA1,13,8 30.77 (3) (am) 4. If a town, village or city proposes to rescind a resolution that it adopted under subd. 1., and if the recision will result in less than 50% of the towns, villages or cities with jurisdiction over the lake still having in effect resolutions adopted under subd. 1. or will result in less than 60% of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with resolutions still in effect, the town, village or city proposing to rescind the resolution shall hold a hearing on the recision at least 30 days before the recision will take effect and shall give notice as required under par. (aw) 2. If, after holding the hearing, the town, village or city rescinds the resolution that it adopted under subd. 1., the lake district ordinances are void.

AB439-ASA1, s. 46 Section 46. 30.77 (3) (ar) of the statutes is created to read:

AB439-ASA1,13,12 30.77 (3) (ar) In determining footage of shoreline for purposes of pars. (ac), (ae) and (am), towns, villages, cities and lake districts shall measure by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

AB439-ASA1, s. 47 Section 47. 30.77 (3) (aw) of the statutes is created to read:

AB439-ASA1,13,17 30.77 (3) (aw) 1. If one or more towns, villages or cities propose to enact an ordinance for an inland lake under par. (ac) 2. or a lake district proposes to enact an ordinance for an inland lake under par. (am) 1. b., it shall hold a public hearing on the proposed ordinance at least 30 days before its enactment.

AB439-ASA1,14,2 2. The town, village or city that has the most footage of shoreline of the lake within its boundaries and that is supporting the proposal shall publish a notice of the public hearing under subd. 1. or par. (ae) or (am) 4. at least 30 days before the date of the hearing in one or more newspapers likely to give notice of the hearing in all towns, villages or cities that have jurisdiction over the lake. The notice shall be a class 1 notice under ch. 985. The town, village or city publishing the notice shall send a copy of the notice at least 30 days before the date of the hearing to the department, each municipality having jurisdiction over the lake and each lake association for the lake.

AB439-ASA1, s. 48 Section 48. 30.77 (3) (b) of the statutes is amended to read:

AB439-ASA1,14,11 30.77 (3) (b) Any county may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact an ordinance applicable on any river or stream within its jurisdiction if the ordinance is not contrary to or inconsistent with this chapter, and if the ordinance relates to the equipment, use or operation of boats or to any activity regulated by ss. 30.60 to 30.71. If a county enacts an ordinance under this paragraph, the county ordinance supersedes all provisions of a town, village or city ordinance enacted under par. (a) that is inconsistent with the county ordinance.

AB439-ASA1, s. 49 Section 49. 30.77 (3) (cm) of the statutes is created to read:

AB439-ASA1,14,15 30.77 (3) (cm) In enacting ordinances under par. (a), (am) or (b) for a given body of water, municipalities and public inland lake protection and rehabilitation districts shall take into account factors that include all of the following:

AB439-ASA1,14,17 1. The type, size, shape and depth of the body of water and any features of special environmental significance that the body of water has.

AB439-ASA1,14,19 2. The amount, type and speed of boating traffic on the body of water and boating safety and congestion.

AB439-ASA1,14,22 3. The degree to which the boating traffic on the body of water affects other recreational uses and the public's health, safety and welfare, including the public's interest in preserving the state's natural resources.

AB439-ASA1, s. 50 Section 50. 30.77 (3) (cr) of the statutes is created to read:

AB439-ASA1,14,25 30.77 (3) (cr) The types of ordinances that may be enacted under par. (a), (am) or (b) include the following:

AB439-ASA1,15,1 1. Restrictions on speed.

AB439-ASA1,15,3 2. Restrictions on certain types of boating activities on all, or in specified parts, of the lake, river or stream.

AB439-ASA1,15,5 3. Restrictions on certain types of boating activities during specified hours of the day or specified days of the week.

AB439-ASA1, s. 51 Section 51. 30.77 (3) (d) of the statutes is amended to read:

AB439-ASA1,15,24 30.77 (3) (d) Ordinances pertaining to the equipment, use or operation of boats on inland lakes shall be subject to advisory review by the department as provided under this paragraph. Proposed ordinances subject to review under this paragraph shall be submitted by the local town, village or city clerk or by a public inland lake protection and rehabilitation district to the department at least 60 days prior to final action thereon by the town, village or city governing body. Advisory reports regarding town, village or city or lake district ordinances that regulate the equipment, use or operation of boats on inland lakes shall be based on consideration of the effect of the ordinance on the state from the standpoint of uniformity and enforcement and the effect of the ordinance on an affected town, village, city or lake district in view of pertinent local conditions. Advisory reports shall state in what regard such ordinances are considered consistent or inconsistent with this chapter as to public health, safety or welfare, including the public's interest in preserving the state's natural resources, and shall be accompanied by suggested changes, if any. No later than 20 days after receipt by the department of proposed ordinances, the department shall advise the town, village, city or lake district in writing as to the results of its advisory review under this paragraph. The department shall address the results sent to a town, village or city to its clerk.

AB439-ASA1, s. 52 Section 52. 30.77 (3) (dm) of the statutes is created to read:

AB439-ASA1,16,5 30.77 (3) (dm) 1. In this paragraph, "local entity" means a city, village, town, county, qualified lake association, as defined in s. 144.253 (1), nonprofit conservation organization, as defined in s. 23.0955 (1), town sanitary district, public inland lake protection and rehabilitation district or another local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.

AB439-ASA1,16,8 2. If the department or a local entity objects to an ordinance enacted under par. (a), (ac) 2. or (am) 1. b., on the grounds that all or a portion of the ordinance is contrary to or inconsistent with this chapter, all of the following apply:

AB439-ASA1,16,14 a. Upon receipt of an objection under this subdivision, the department shall order a hearing on the objection under ch. 227. The hearing shall be a contested case hearing, and the administrator of the division of hearings and appeals in the department of administration shall assign a hearing examiner to the hearing as provided in s. 227.43. Persons who are not parties to the contested case may present testimony and evidence at the hearing.

AB439-ASA1,16,20 b. The hearing examiner shall issue an order on the objection within 90 days after the date on which the hearing is ordered under subd. 2. a. If the hearing examiner determines that the ordinance or the portion of the ordinance is contrary to or inconsistent with this chapter, the hearing examiner shall issue an order declaring the ordinance or that portion of the ordinance void. The order shall prohibit the enforcement of all or any portion of the ordinance declared to be void.

AB439-ASA1,16,22 3. The procedure under this paragraph does not supersede any other legal right or procedure that a person has to contest an ordinance enacted under this section.

AB439-ASA1, s. 53 Section 53. 30.77 (3) (f) of the statutes is created to read:

AB439-ASA1,17,2 30.77 (3) (f) In any forfeiture or criminal action for an alleged violation of a local ordinance that restricts the speed of a motorboat, the defendant may not raise the defense that he or she did not know how fast the motorboat was moving because the motorboat lacked a speedometer.

AB439-ASA1, s. 54 Section 54. 30.77 (4) of the statutes is amended to read:

AB439-ASA1,17,8 30.77 (4) Publicizing ordinances. All ordinances enacted under sub. (3) shall be prominently posted by the local authority which enacted them and, for ordinances enacted under sub. (3) (ac) 2., by all local authorities having jurisdiction over the lake, at all public access points within the local authority's jurisdiction and also shall be filed with the department.

AB439-ASA1, s. 55 Section 55. 30.80 (2) of the statutes is amended to read:

AB439-ASA1,17,19 30.80 (2) Any person violating s. 30.68 (2) shall be fined not more than $200 or imprisoned for not more than 6 months or both. Any person violating s. 30.68 shall be required ordered by the court to obtain a certificate of satisfactory completion of a complete satisfactorily the boating safety course under s. 30.74 (1) regardless of whether the person has a valid boating safety certificate. If the person violating s. 30.68 is a resident of another state or a province of Canada, the court may order that the person satisfactorily complete a boating safety course in the state or in the province of Canada in which the person resides if the department has determined that the course has standards that substantially meet the standards established under s. 30.74 (1).

AB439-ASA1, s. 56 Section 56. 30.80 (6) (a) of the statutes is amended to read:

AB439-ASA1,17,24 30.80 (6) (a) Penalties related to prohibited operation of a motorboat; intoxicants; refusal. 1. Except as provided under subds. 2. and 3. to 5., a person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) shall forfeit not less than $150 nor more than $300.

AB439-ASA1,18,5 2. Except as provided under subd. 3., a A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated boating law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned for not less than 5 days nor more than 6 months.

AB439-ASA1,18,10 3. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than one year in the county jail.

AB439-ASA1, s. 57 Section 57. 30.80 (6) (a) 4. and 5. of the statutes are created to read:

AB439-ASA1,18,16 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.

AB439-ASA1,18,21 5. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.