AB500,83,18 15(5g) Operation near skin diver or swimmer. No person may operate a boat or
16water skier operate or approach
and no person may engage in water skiing or a
17similar activity
closer than 100 feet to any skin diver's flag or any swimmer unless
18the one of the following applies:
AB500,83,19 19(a) The person is operating a boat that is part of the a skin diving operation or.
AB500,84,2
1(b) The person is operating a boat that is accompanying the a swimmer, or
2unless physical conditions make compliance impossible
.
AB500, s. 295 3Section 295. 30.68 (5g) (c) of the statutes is created to read:
AB500,84,64 30.68 (5g) (c) There is insufficient room for the person to operate the boat 100
5or more feet from the skin diver's flag or the swimmer and the boat is not being
6operated in excess of slow-no-wake speed.
Note: The current statute prohibits operation of a boat or use of water skis or
similar devices within 100 feet of a skin diver's flag or a swimmer. An exception is
provided for boats that are part of a skin diving operation or that are accompanying a
swimmer. A further exception applies if "physical conditions" make compliance
impossible. Presumably, this latter exception applies to narrow areas on a body of water
(e.g., channels or rivers) or when swimming or skin diving occurs near a boat landing.
The language of the current statute is clarified to better describe the latter exception with
a reference to the available room to navigate. Further, in the latter exception, a
requirement to operate at slow-no-wake speed is imposed for boats operating within 100
feet of a skin diver's flag or a swimmer pursuant to this exception. It should be noted that
s. 30.70 prohibits diving in established traffic lanes.
AB500, s. 296 7Section 296. 30.68 (5m) of the statutes is renumbered 30.66 (5) and amended
8to read:
AB500,84,119 30.66 (5) Towing Slow-no-wake; towing by a personal watercraft. A person
10may use a personal watercraft to tow a stranded or disabled boat if , during towing,
11the speed of the personal watercraft does not exceed slow-no-wake.
AB500, s. 297 12Section 297. 30.68 (6) of the statutes is amended to read:
AB500,85,213 30.68 (6) Riding on decks and gunwales. No person operating a motorboat may
14ride or sit, or may allow any other person in the motorboat to ride or sit, on the
15gunwales, on tops of seat backs or sides, or on the decking over the bow of the boat
16in an unsafe manner while under way, unless such the person is inboard of guards
17or railings provided on the boat to prevent persons from being lost overboard.
18Nothing in this section subsection shall be construed to prohibit entry upon the

1decking over the bow of the boat for the purpose of anchoring, mooring, or casting off
2or other necessary purpose.
AB500, s. 298 3Section 298. 30.68 (7) (title) of the statutes is amended to read:
AB500,85,44 30.68 (7) (title) Restricted Swimming areas and regulatory markers.
AB500, s. 299 5Section 299. 30.68 (7) of the statutes is renumbered 30.68 (7) (a) and amended
6to read:
AB500,85,97 30.68 (7) (a) No person shall may operate a boat within a water any area which
8that has been clearly marked by regulatory markers or buoys or some other
9distinguishing device
as a bathing or swimming area; nor.
AB500,85,12 10(b) No person may operate a boat in restricted use areas contrary to regulatory
11notice pursuant to s. 30.74 (2). This subsection does not apply in the case of an
12emergency, or to patrol or rescue craft
markers.
Note: The deletion of "restricted use areas" clarifies that this provision applies to
all regulatory markers, whether or not the regulatory marker designates a restricted use
area. See s. 30.68 (14) for the general exception for patrol boats.
AB500, s. 300 13Section 300. 30.68 (8) and (8m) (a) of the statutes are amended to read:
AB500,85,1814 30.68 (8) Anchoring in traffic lanes. No person may anchor, place, affix, or
15abandon any unattended boat, raft, float, or similar structure in the traveled portion
16of any river or channel or in any traffic lane established and legally marked
17designated by aids to navigation, so as to prevent, impede or interfere with the safe
18passage of any other boat through the same.
AB500,85,20 19(8m) (a) No person may use a mooring or attach a boat to a mooring buoy if the
20mooring or mooring buoy violates s. 30.772 or 30.773.
Note: "Attach a boat to a mooring buoy" duplicates the prohibition on use of a
mooring. "Mooring" is defined in s. 30.01 (3e), when used as a noun, to mean "a mooring
anchor and mooring buoy together with attached chains, cables, ropes and pennants and
related equipment, unless the term is qualified or restricted".
AB500, s. 301 21Section 301. 30.68 (8m) (c) of the statutes is created to read:
AB500,86,2
130.68 (8m) (c) No person may attach a boat to any aid to navigation or
2regulatory marker, except to mooring buoys.
Note: The prohibition in new sub. (8m) (c) is moved to this location from s. 30.68
(12).
AB500, s. 302 3Section 302. 30.68 (9) and (11) of the statutes are amended to read:
AB500,86,74 30.68 (9) Overloading. No person may operate, and no owner of a boat may
5allow a person to operate, a boat that is loaded with passengers or cargo beyond its
6safe carrying capacity, taking into consideration weather and other account existing
7operating conditions.
AB500,86,13 8(11) Unnecessarily sounding whistles horns; use of flashing lights. No
9person shall may unnecessarily sound a horn, whistle, or other sound-producing
10device on any boat while at anchor or under way on the water. The use of a siren or
11a light that resembles an emergency light specified under sub. (14) (a)
on any boat
12except duly authorized a patrol boats on patrol or rescue boat that is on duty is
13prohibited.
Note: "At anchor or underway" is replaced by "on the water" to make this
prohibition broader. For example, the broader language would prohibit unnecessary
sounding of a horn while a boat is tied to a dock. "Emergency light" is added to the
prohibition on use of a siren.
AB500, s. 303 14Section 303. 30.68 (12) of the statutes is repealed.
Note: The prohibition on mooring or fastening a boat to aids to navigation or
regulatory markers is deleted here and recreated in s. 30.68 (8m) (c), above.
AB500, s. 304 15Section 304. 30.68 (14) (title) of the statutes is created to read:
AB500,86,1616 30.68 (14) (title) Patrol boats.
AB500, s. 305 17Section 305. 30.69 (title) of the statutes is amended to read:
AB500,86,18 1830.69 (title) Water skiing and similar activities.
AB500, s. 306 19Section 306. 30.69 (1) (title) of the statutes is amended to read:
AB500,86,2020 30.69 (1) (title) Prohibited at certain times Prohibitions; exceptions.
AB500, s. 307
1Section 307. 30.69 (1) (a) of the statutes is renumbered 30.69 (1) (a) (intro.)
2and amended to read:
AB500,87,43 30.69 (1) (a) (intro.) Except as provided in par. (b), no No person may operate
4do any of the following:
AB500,87,13 51. Operate a motorboat towing a person on engaged in water skis, aquaplane
6or
skiing or a similar device activity unless there is in the boat a competent person
7in addition to the operator in a position to observe the progress of the person being
8towed. An observer shall be considered competent if that person
who is in a position
9to observe, and
can in fact observe, the person being towed and relay any signals to
10the operator. This observer requirement does not apply to motorboats classified as
11Class A motorboats by the department actually operated by the persons being towed
12and so constructed as to be incapable of carrying the operator in or on the motorboat.
13No person may engage
AB500,87,18 142. Engage in water skiing, aquaplaning or a similar activity, or operate a
15motorboat towing a person engaged in water skiing or a similar activity,
at any time
16from sunset to sunrise. This restriction of the hours of water skiing does not prevent
17restrictions of the hours of water skiing between sunrise and sunset by local
18ordinances enacted pursuant to s. 30.77 (3).
Note: The reference to local ordinances is eliminated, and all provisions related
to local ordinances will be consolidated in s. 30.77. It is proposed to expand this
prohibition to apply to the motorboat operator as well as to the person engaged in water
skiing or a similar activity.
AB500, s. 308 19Section 308. 30.69 (1) (b) of the statutes is renumbered 30.69 (1) (b) (intro.)
20and amended to read:
AB500,87,2221 30.69 (1) (b) (intro.) Paragraph (a) 1. does not apply to duly authorized water
22any of the following:
AB500,88,3
11. Water ski tournaments, competitions, exhibitions or trials therefor, where
2adequate lighting is provided
, or practice sessions that are authorized by a permit
3from a local governmental unit that enacts an ordinance under s. 30.77
.
Note: The reference to "duly authorized" water ski tournaments and other
activities is unclear. A specific reference to authorization by means of a permit from a
local governmental unit that adopts ordinances under s. 30.77 is substituted for that
phrase.
"Practice sessions" is substituted for "trials". The meaning of "trials" is not clear,
although one sense of that word is a preliminary competition. The special committee
believes that the exemption from the observer requirement is widely understood to apply
to all activities related to organized water ski activities, including practice sessions, and
that the broader exemption from the observer requirement is appropriate, so the statute
is redrafted accordingly.
Current s. 30.69 (1) (a) commences with "Except as provided in par. (b)". That
provision is recreated above in s. 30.69 (1) (c), with the omission of the reference to the
provision of adequate lighting. It appears to be the intent of the current statute that the
observer requirement does not apply to water ski tournaments, competitions, exhibitions
or practice sessions under any circumstances.
AB500, s. 309 4Section 309. 30.69 (1) (b) 2. of the statutes is created to read:
AB500,88,75 30.69 (1) (b) 2. Motorboats less than 16 feet long that are operated by the person
6being towed and that are so constructed as to be incapable of carrying the operator
7in or on the motorboat.
AB500, s. 310 8Section 310. 30.69 (1) (bm) of the statutes is created to read:
AB500,88,129 30.69 (1) (bm) Paragraph (a) 2. does not apply to water ski tournaments,
10competitions, exhibitions, or practice sessions that are conducted under a permit
11from a local governmental unit that enacts an ordinance under s. 30.77 and for which
12adequate lighting is provided.
AB500, s. 311 13Section 311. 30.69 (1) (c) of the statutes is renumbered 30.69 (1) (b) 3. and
14amended to read:
AB500,88,1815 30.69 (1) (b) 3. In addition to complying with par. (a), no person may operate
16a
A personal watercraft that is towing a person who is on engaged in water skis, an
17aquaplane
skiing or a similar device activity unless the personal watercraft is
18designed to seat at least 3 persons.
AB500, s. 312
1Section 312. 30.69 (2) of the statutes is amended to read:
AB500,89,62 30.69 (2) Careful and prudent operation. A person operating a motorboat
3having in tow a person on water skis, aquaplane or engaged in water skiing or a
4similar device activity shall operate such boat the motorboat in a careful and prudent
5manner and at a reasonable distance from persons and property so as not to
6endanger the life or property of any person.
AB500, s. 313 7Section 313. 30.69 (3) of the statutes is amended to read:
AB500,89,118 30.69 (3) Restrictions. (a) No person operating a motorboat that is towing
9persons a person engaged in water skiing, aquaplaning or a similar activity may
10operate the motorboat within 100 feet of any occupied anchored boat, any personal
11watercraft, or any marked swimming area or public boat landing.
AB500,89,1412 (b) No person who is engaged in water skiing, aquaplaning or a similar activity
13may get come within 100 feet of a personal watercraft or allow the tow rope while in
14use to get come within 100 feet of a personal watercraft.
AB500,89,1615 (c) 1. A motorboat towing a person who is engaged in water skiing , aquaplaning
16or a similar activity.
AB500,89,1817 2. The tow rope of a motorboat towing a person who is engaged in water skiing,
18aquaplaning
or a similar activity.
AB500,89,1919 3. A person who is engaged in water skiing, aquaplaning or a similar activity.
AB500,89,2220 (d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are marked
21with regulatory markers and that are open to operators of personal watercraft and
22to persons and motorboats engaged in water skiing or a similar activity.
AB500, s. 314 23Section 314. 30.69 (4) of the statutes is amended to read:
AB500,90,524 30.69 (4) Intoxicated operation. No person may use engage in water skis, an
25aquaplane
skiing or a similar device activity while under the influence of an

1intoxicant to a degree which renders him or her incapable of safely using engaging
2in
water skis, an aquaplane skiing or a similar device activity, or under the combined
3influence of an intoxicant and any other drug to a degree which renders him or her
4incapable of safely using engaging in water skis, an aquaplane skiing or a similar
5device activity.
AB500, s. 315 6Section 315. 30.70 of the statutes is renumbered 30.70 (1) and amended to
7read:
AB500,90,148 30.70 (1) No person may engage in underwater diving or swimming with the
9use of swimming fins or skin diving in waters other than marked swimming areas
10or within 150 feet of the shoreline, and no unless the location of the swimming or
11diving is marked by a diver's flag. No
person may engage in underwater diving or
12swimming
with the use of self-contained any underwater breathing apparatus in
13waters other than marked swimming areas, unless the location of such the diving or
14swimming
is distinctly marked by a diver's flag, not less than.
Note: "Underwater diving" is eliminated and "skin diving" is retained. Skin diving
appears to be a clear reference to all types of diving that do not involve the use of an
underwater breathing apparatus.
AB500,90,22 15(2) A diver's flag under sub. (1) shall consist of a flag that is 12 inches high and
1615 inches long, displaying and displays one diagonal white stripe 3 inches wide on
17a red background, and. The diver's flag shall be of a height above the water so as to
18be clearly apparent at a distance of 100 yards under normal conditions, and so
19designed and displayed as to be visible from any point on the horizon. Except in case
20of emergency, anyone no person engaging in such diving or swimming shall not that
21requires a diver's flag may
rise to the surface outside of a radius of 50 feet from such
22the diver's flag.
AB500,91,10
1(3) No person engaged in such diving or swimming shall that requires a diver's
2flag may
interfere with the operation of anyone fishing nor or engage in such diving
3or swimming in established traffic lanes; nor shall any such person alone or with
4another, intentionally or unintentionally, block or
. No person engaged in diving or
5swimming that requires a diver's flag may
obstruct any boat in any manner from
6proceeding to its destination in its course where a no reasonable alternative is
7unavailable available. A reasonable alternative route course is available when the
8otherwise unobstructed boat can proceed to its destination pass the diver's flag
9without reducing its lawful speed, by passing to the right or to the left of a marked
10diving operation
while complying with s. 30.68 (5g).
Note: This provision is modified to eliminate the requirement that the boat must
be proceeding to its destination in order for the prohibition on obstructing the boat to
apply. This makes the prohibition on obstructing a boat applicable to any legal course
that the boat may take. The added reference to s. 30.68 (5g) is the newly numbered
requirement for boats to remain at least 100 feet from a diver's flag.
AB500, s. 316 11Section 316. 30.71 (1) of the statutes is repealed.
Note: The definition of "outlying waters" duplicates the definition of that term in
current s. 30.01 (4r).
AB500, s. 317 12Section 317. 30.73 (2) (a) of the statutes is repealed and recreated to read:
AB500,91,1313 30.73 (2) (a) Patrol boat operators.
Note: See the exception for patrol boat operators in s. 30.68 (14), as renumbered
from s. 30.64.
AB500, s. 318 14Section 318. 30.73 (4) of the statutes is repealed.
Note: Section 30.73 pertains to use regulations on the Brule River. Subsection (4)
establishes a penalty by cross-reference to s. 30.80 (1). However, that cross-reference is
unnecessary because s. 30.80 (1) provides that it establishes penalties for violation of ss.
30.50 to 30.80 for which a specific penalty is not provided elsewhere.
AB500, s. 319 15Section 319. 30.735 of the statutes is created to read:
AB500,92,2 1630.735 Tampering with navigation aids or regulatory markers. No
17unauthorized person may move, remove, molest, tamper with, destroy, or attempt to

1destroy any aid to navigation or regulatory marker, sign, or other device established
2and maintained to aid boaters.
Note: This provision is currently part of s. 30.68 (12), which is repealed in this bill.
AB500, s. 320 3Section 320. 30.74 (1) (c) and (d) of the statutes are amended to read:
AB500,92,74 30.74 (1) (c) A valid certificate issued by another state, as defined in s. 115.46
5(2) (f), or a province of Canada or the Canadian government that is held by a person
6will shall be honored if the course content substantially meets that established by
7the department.
Note: Canadian provinces no longer issue boating safety certificates. This is done
by the Canadian government.
AB500,92,108 (d) The department shall also prepare and disseminate information on water
9safety to the public, including the informational pamphlets specified in s. 30.52 (5)
10(a) 4. and (b) 3.
AB500, s. 321 11Section 321. 30.74 (2) (a) of the statutes is amended to read:
AB500,92,1712 30.74 (2) (a) The department by rule shall establish uniform marking of the
13water areas waters of this state through the placement of aids to navigation and
14regulatory markers. These rules shall establish a marking system compatible with
15the system of aids to navigation prescribed by the U.S. coast guard and shall give due
16regard to the system of uniform waterway markers approved by the advisory panel
17of state officials to the merchant marine council, U.S. coast guard
.
AB500,92,23 18(bm) No municipality local governmental unit that enacts an ordinance under
19s. 30.77
or person may mark the waters of this state in any manner in conflict with
20the marking system prescribed established by the department under par. (a). Any
21regulatory marker or aid to navigation that does not comply with this marking
22system is considered an unlawful obstruction to navigable waters and may be
23removed in accordance with law under s. 30.95.
AB500,93,4
1(c) The department may not prohibit the placement of a regulatory marker or
2an aid to navigation if it complies with this the marking system established by the
3department under par. (a)
and if it is being placed pursuant to an ordinance that has
4been
enacted in compliance with under s. 30.77.
Note: The advisory panel is obsolete.
AB500, s. 322 5Section 322. 30.74 (2) (b) of the statutes is repealed.
Loading...
Loading...