AB439,7,10
2423.58 Temporary questioning without arrest. After having identified
25himself or herself as an enforcing officer, an enforcing officer may stop a person in
1a public place for a reasonable period of time when the officer reasonably suspects
2that such person is committing, is about to commit or has committed a violation of
3those statutes enumerated in s. 23.50 (1), any administrative rules promulgated
4thereunder, any rule of the Kickapoo valley governing board under s. 16.21 (7) (k),
5any regulation imposed under s. 30.771 or any local ordinances enacted by any local
6authority in accordance with s. 23.33 (11) (am) or 30.77. Such a stop may be made
7only where the enforcing officer has proper authority to make an arrest for such a
8violation. The officer may demand the name and address of the person and an
9explanation of the person's conduct. Such detention and temporary questioning
10shall be conducted in the vicinity where the person was stopped.
AB439, s. 7
11Section
7. 23.62 (1) (intro.) of the statutes is amended to read:
AB439,7,1812
23.62
(1) (intro.) Whenever an enforcing officer has probable cause to believe
13that a person subject to his or her authority is committing or has committed a
14violation of those statutes enumerated in s. 23.50 (1), any administrative rules
15promulgated thereunder, any rule of the Kickapoo valley governing board under s.
1616.21 (7) (k),
any regulation imposed under s. 30.771 or any local ordinances enacted
17by any local authority in accordance with s. 23.33 (11) (am) or 30.77, the officer may
18proceed in the following manner:
AB439, s. 8
19Section
8. 29.09 (8m) (b) of the statutes is amended to read:
AB439,7,2420
29.09
(8m) (b) A person holding a current fishing license and a trolling permit
21or a permit issued under sub. (9) (c) 1. may fish or troll in the waters of this state using
22an electric motor with no more than 36 pounds of thrust, notwithstanding any
23ordinances enacted under s. 30.77 (3)
or regulations imposed under s. 30.771 that
24prohibit the use of motor boats on navigable waters.
AB439, s. 9
25Section
9. 30.61 (10) (a) of the statutes is amended to read:
AB439,8,5
130.61
(10) (a) Notwithstanding subs. (1), (2), (8) and (9), no person may operate
2a personal watercraft at any time from sunset to sunrise.
This restriction on the
3hours of operation of a personal watercraft does not prevent restrictions on the hours
4of operation between sunrise and sunset by the ordinances enacted under s. 30.77
5(3) or by regulations imposed under s. 30.771.
AB439, s. 10
6Section
10. 30.61 (10) (c) of the statutes is created to read:
AB439,8,107
30.61
(10) (c) Notwithstanding par. (a), a person may operate a personal
8watercraft during the time between sunset and sunrise if the operation of the
9personal watercraft is necessary for an emergency and if the operation complies with
10the applicable lighting requirements under subs. (1), (2), (8) and (9).
AB439, s. 11
11Section
11. 30.62 (2) (d) 1. of the statutes is amended to read:
AB439,8,1412
30.62
(2) (d) 1. No person may manufacture
and or offer for sale any motorboat
13for use on the waters of this state if the motorboat cannot be operated in such a
14manner so as to comply with the noise level requirements under par. (b).
AB439, s. 12
15Section
12. 30.625 (1) (a) of the statutes is amended to read:
AB439,8,2016
30.625
(1) (a) Rent or lease a personal watercraft for operation by a person who
17will be operating a personal watercraft for the first time and who does not hold a valid
18certificate issued under s.
30.68 (3) (e) or 30.74 (1) unless the person engaged in the
19rental or leasing gives the person instruction on how to operate a personal
20watercraft.
AB439, s. 13
21Section
13. 30.625 (1) (bn) of the statutes is created to read:
AB439,8,2422
30.625
(1) (bn) Rent or lease a personal watercraft to a person who is 16 or 17
23years of age unless the person holds a valid certificate issued under s. 30.68 (3) (e)
24or 30.74 (1).
AB439, s. 14
25Section
14. 30.66 (2m) of the statutes is created to read:
AB439,9,4
130.66
(2m) Lack of speedometer not a defense. In any forfeiture or criminal
2action for an alleged violation of sub. (1) or (2), the defendant may not raise the
3defense that he or she did not know how fast the motorboat was moving because the
4motorboat lacked a speedometer.
AB439, s. 15
5Section
15. 30.66 (3) (a) of the statutes is renumbered 30.66 (3) (a) (intro.) and
6amended to read:
AB439,9,97
30.66
(3) (a) (intro.)
Except under s. 30.69 (3), no No person may operate a
8motorboat
within that is not a personal watercraft at a speed in excess of
9slow-no-wake in any of the following areas:
AB439,9,11
101. Within 100 feet of any dock, raft, pier or buoyed restricted area on any lake
11at a speed in excess of slow-no-wake speed.
AB439, s. 16
12Section
16. 30.66 (3) (a) 2. to 4. of the statutes are created to read:
AB439,9,1313
30.66
(3) (a) 2. Within 100 feet of the shoreline of any lake.
AB439,9,1514
3. Within 100 feet of a boat, other than a motorboat or a sailboat, that is being
15operated.
AB439,9,1616
4. Within 100 feet of any boat that is not being operated.
AB439, s. 17
17Section
17. 30.66 (3) (b) of the statutes is renumbered 30.66 (3) (b) (intro.) and
18amended to read:
AB439,9,2219
30.66
(3) (b) (intro.) No person may operate a personal watercraft at a speed
20in excess of slow-no-wake
within 100 feet of any other boat. This paragraph does
21not apply if s. 30.69 (3) (a), (c) or (d) applies to the operation of the personal
22watercraft. in any of the following areas:
AB439, s. 18
23Section
18. 30.66 (3) (b) 1. to 3. of the statutes are created to read:
AB439,9,2524
30.66
(3) (b) 1. Within 100 feet of any dock, raft, pier or buoyed restricted area
25on any lake.
AB439,10,1
12. Within 100 feet of the shoreline of any lake.
AB439,10,22
3. Within 100 feet of any boat, regardless of whether the boat is being operated.
AB439, s. 19
3Section
19. 30.66 (3) (c) of the statutes is created to read:
AB439,10,74
30.66
(3) (c) Notwithstanding pars. (a) and (b), if a person who is operating a
5motorboat is towing a person who is engaged in water skiing, as defined in s. 30.69
6(1), the provisions under s. 30.69 (3) (a) and (c) shall apply to the extent that they are
7more restrictive than the provisions under pars. (a) and (b).
AB439, s. 20
8Section
20. 30.66 (3) (d) of the statutes is created to read:
AB439,10,129
30.66
(3) (d) The distance restrictions in pars. (a) to (c) do not apply to a person
10who is water skiing, as defined in s. 30.69 (1), or a motorboat towing that person, in
11an area that is marked with regulatory markers and that is open to the person or
12motorboat for pickup or drop-off purposes.
AB439, s. 21
13Section
21. 30.68 (title) of the statutes is amended to read:
AB439,10,14
1430.68 (title)
Prohibited and restricted operation.
AB439, s. 22
15Section
22. 30.68 (2) of the statutes is amended to read:
AB439,10,2016
30.68
(2) Negligent operation. No person may operate or use any boat, or
17manipulate any water skis, aquaplane or similar device
engage in water skiing, as
18defined in s. 30.69 (1), upon the waters of this state in a careless, negligent or reckless
19manner so as to endanger
that person's his or her life, property or person or the life,
20property or person of another.
AB439, s. 23
21Section
23. 30.68 (3) (a) (title) of the statutes is created to read:
AB439,10,2222
30.68
(3) (a) (title)
Incapacitated persons.
AB439, s. 24
23Section
24. 30.68 (3) (b) of the statutes is amended to read:
AB439,11,924
30.68
(3) (b) (title)
Minors under age 16; motorboats other than personal
25watercraft. No person under the age of 10 years may operate a motorboat.
Persons
1No person who is at least 10
and years of age but less than 12 years of age may operate
2a motorboat
only if they are unless he or she is either accompanied in the
boat 3motorboat by a parent or guardian or a person at least 18 years of age designated by
4a parent or guardian.
Persons No person who is at least 12
and years of age but less
5than 16 years of age may operate a
motor of any horsepower, but only if they are 6motorboat unless he or she is either accompanied
in the motorboat by a parent or
7guardian or a person at least 18 years of age designated by a parent or guardian
, or
8unless he or she is in possession of a
valid certificate issued under s. 30.74 (1). This
9paragraph does not apply to personal watercraft.
AB439, s. 25
10Section
25. 30.68 (3) (b) of the statutes, as affected by 1995 Wisconsin Act ....
11(this act), is repealed and recreated to read:
AB439,11,1912
30.68
(3) (b)
Minors under age 16; motorboats other than personal watercraft. 13 No person under the age of 10 years may operate a motorboat. No person who is at
14least 10 years of age but less than 12 years of age may operate a motorboat unless
15he or she holds a valid certificate issued under s. 30.74 (1) and is accompanied in the
16motorboat by a parent or guardian or a person at least 18 years of age designated by
17a parent or guardian. No person who is at least 12 years of age but less than 16 years
18of age may operate a motorboat unless he or she holds a valid certificate issued under
19s. 30.74 (1). This paragraph does not apply to personal watercraft.
AB439, s. 26
20Section
26. 30.68 (3) (c) (title) of the statutes is created to read:
AB439,11,2121
30.68
(3) (c) (title)
Minors under age 16; personal watercraft.
AB439, s. 27
22Section
27. 30.68 (3) (cg) of the statutes is created to read:
AB439,12,223
30.68
(3) (cg)
Minors ages 16 and 17; motorboats other than personal
24watercraft. No person who is 16 or 17 years of age may operate a motorboat unless
1the person holds a valid certificate issued under par. (e) or s. 30.74 (1). This
2paragraph does not apply to personal watercraft.
AB439, s. 28
3Section
28. 30.68 (3) (cr) of the statutes is created to read:
AB439,12,64
30.68
(3) (cr)
Minors ages 16 and 17; personal watercraft. No person who is 16
5or 17 years of age may operate, lease or rent a personal watercraft unless the person
6holds a valid certificate issued under par. (e) or s. 30.74 (1).
AB439, s. 29
7Section
29. 30.68 (3) (d) of the statutes is amended to read:
AB439,12,108
30.68
(3) (d) (title)
Parental responsibility. A violation
of under par. (b) or (c)
9done with the knowledge of a parent or guardian shall be
deemed considered a
10violation by the parent or guardian
, and
is punishable under s. 30.80.
AB439, s. 30
11Section
30. 30.68 (3) (d) of the statutes, as affected by 1995 Wisconsin Act ....
12(this act), is repealed and recreated to read:
AB439,12,1513
30.68
(3) (d)
Parental responsibility. A violation under pars. (b) to (cr) done
14with the knowledge of a parent or guardian shall be considered a violation by the
15parent or guardian and is punishable under s. 30.80.
AB439, s. 31
16Section
31. 30.68 (3) (dm) of the statutes is created to read:
AB439,12,2017
30.68
(3) (dm)
Adults born on or after January 1, 1979. No person who was born
18on or after January 1, 1979, and who is 18 years of age or older may operate a
19motorboat unless the person holds a valid certificate issued under par. (e) or s. 30.74
20(1).
AB439, s. 32
21Section
32. 30.68 (3) (e) of the statutes is created to read:
AB439,13,422
30.68
(3) (e)
Boating safety examination. 1. The department shall administer
23an examination on boating safety and operation. The department may promulgate
24rules for administration of the examination under this subdivision, including rules
25that specify the content of the examination, the score that constitutes satisfactory
1completion of the examination and the minimum amount of time that a person must
2wait to retake the examination. The department shall issue a certificate to any
3person who satisfactorily completes the examination and who is either 16 or 17 years
4old or is at least 18 years old and was born on or after January 1, 1979.
AB439,13,75
2. A valid certificate issued by another state or a province of Canada may be
6used by the holder of the certificate in lieu of a certificate issued under subd. 1. if the
7examination content substantially meets that established by the department.
AB439, s. 33
8Section
33. 30.68 (5m) of the statutes is amended to read:
AB439,13,139
30.68
(5m) Towing by a personal watercraft. A No person may use a personal
10watercraft to tow
any other watercraft or object except a stranded or disabled boat
11if, during towing, the speed of the personal watercraft does not exceed. No person
12may use a personal watercraft to tow a stranded or disabled boat at a speed in excess
13of slow-no-wake.
AB439, s. 34
14Section
34. 30.68 (9) and (10) of the statutes are amended to read:
AB439,13,1715
30.68
(9) Overloading. No
person may operate a boat
shall be that is loaded
16with passengers or cargo beyond its safe carrying capacity, taking into consideration
17weather and other existing operating conditions.
AB439,13,21
18(10) Overpowering. No
person may equip or operate a boat
shall be equipped 19with any motor or other propulsion machinery beyond its safe power capacity, taking
20into consideration the type and construction of such watercraft and other existing
21operating conditions.
AB439, s. 35
22Section
35. 30.68 (13) of the statutes is created to read:
AB439,14,223
30.68
(13) Eyesight restrictions. (a) No person may operate a motorboat
24without using corrective lenses if the person is required by the department of
1transportation or by another state to use corrective lenses while operating a motor
2vehicle.
AB439,14,53
(b) No person may operate a motorboat during nighttime hours if the person
4is prohibited by the department of transportation or by another state from operating
5a motor vehicle during nighttime hours.
AB439, s. 36
6Section
36. 30.681 (1) (bn) of the statutes is created to read:
AB439,14,117
30.681
(1) (bn)
Operating with alcohol concentrations at specified levels; below
8age 19. A person who has not attained the age of 19 may not engage in the operation
9of a motorboat while he or she has a blood alcohol concentration of more than 0.0%
10but not more than 0.1% by weight of alcohol in his or her blood or more than 0.0 grams
11but not more than 0.1 grams of alcohol in 210 liters of his or her breath.
AB439, s. 37
12Section
37. 30.69 (1) of the statutes is renumbered 30.69 (1m), and 30.69 (1m)
13(a) and (c), as renumbered, are amended to read:
AB439,15,214
30.69
(1m) (a) Except as provided in par. (b), no person may operate a
15motorboat towing a person
on water skis, aquaplane or similar device who is engaged
16in water skiing unless there is in the
boat motorboat a competent person in addition
17to the operator in a position to observe the progress of the person being towed. An
18observer shall be considered competent if that person can in fact observe the person
19being towed and relay any signals to the operator.
This observer requirement does
20not apply to motorboats classified as Class A motorboats by the department actually
21operated by the persons being towed and so constructed as to be incapable of carrying
22the operator in or on the motorboat. No person may engage in water skiing
,
23aquaplaning or similar activity, at any time from sunset to sunrise. This restriction
24of the hours of water skiing does not prevent restrictions of the hours of water skiing
1between sunrise and sunset by local ordinances enacted pursuant to s. 30.77 (3)
or
2regulations imposed pursuant to s. 30.771.
AB439,15,63
(c) In addition to complying with par. (a), no person may operate a personal
4watercraft that is towing a person who is
on water skis, an aquaplane or similar
5device engaged in water skiing unless the personal watercraft is designed to seat at
6least 3 persons.
AB439, s. 38
7Section
38. 30.69 (1) of the statutes is created to read:
AB439,15,98
30.69
(1) Definition. In this section, "water skiing" includes water skiing using
9water skis, an aquaplane or a similar device and barefoot water skiing.
AB439, s. 39
10Section
39. 30.69 (2) of the statutes is amended to read:
AB439,15,1511
30.69
(2) Careful and prudent operation. A person operating a motorboat
12having in tow a person
on water skis, aquaplane or similar device who is engaged in
13water skiing shall operate
such boat the motorboat in a careful and prudent manner
14and at a reasonable distance from persons and property so as not to endanger the life
15or property of any person.
AB439, s. 40
16Section
40. 30.69 (3) (a) of the statutes is amended to read:
AB439,15,2017
30.69
(3) (a) No person operating a motorboat that is towing persons engaged
18in water skiing
, aquaplaning or similar activity may operate the motorboat within
19100 feet of any occupied anchored boat, any personal watercraft or any marked
20swimming area or public boat landing.
AB439, s. 41
21Section
41. 30.69 (3) (b) of the statutes is amended to read:
AB439,15,2422
30.69
(3) (b) No person who is engaged in water skiing
, aquaplaning or similar
23activity may get within 100 feet of a personal watercraft or allow the tow rope while
24in use to get within 100 feet of a personal watercraft.
AB439, s. 42
25Section
42. 30.69 (3) (c) 1. of the statutes is amended to read:
AB439,16,2
130.69
(3) (c) 1. A motorboat towing a person who is engaged in water skiing
,
2aquaplaning or similar activity.
AB439, s. 43
3Section
43. 30.69 (3) (c) 2. of the statutes is amended to read:
AB439,16,54
30.69
(3) (c) 2. The tow rope of a motorboat towing a person who is engaged in
5water skiing
, aquaplaning or similar activity.
AB439, s. 44
6Section
44. 30.69 (3) (c) 3. of the statutes is amended to read:
AB439,16,87
30.69
(3) (c) 3. A person who is engaged in water skiing
, aquaplaning or similar
8activity.
AB439, s. 45
9Section
45. 30.69 (3) (d) of the statutes is amended to read:
AB439,16,1410
30.69
(3) (d) Paragraphs (a) to (c) do not apply to
pickup or drop areas that are 11a person who is water skiing or a motorboat towing that person in an area that is 12marked with regulatory markers and that
are is open to
operators of personal
13watercraft and to persons and motorboats engaged in water skiing
the person or
14motorboat for pickup or drop-off purposes.
AB439, s. 46
15Section
46. 30.69 (4) of the statutes is amended to read: