Date of enactment: April 27, 1998
1997 Senate Bill 285 Date of publication*: May 11, 1998
* Section 991.11, Wisconsin Statutes 1995-96: Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
1997 WISCONSIN ACT 198
An Act to repeal 30.74 (intro.) (except 30.74 (title)); to renumber and amend 30.547 and 30.68 (10); to amend 30.50 (4m), 30.50 (9x), 30.501 (1), 30.501 (5), 30.505, 30.51 (2) (a) 4., 30.51 (2) (c) 4., 30.52 (1) (c), 30.52 (3m) (a), 30.52 (5) (a) 1., 30.52 (5) (a) 3., 30.52 (5) (b) 1., 30.523 (2) (c), 30.523 (3), 30.531 (2), 30.533 (1) (intro.), 30.539 (2), 30.549 (1) (a), 30.66 (3) (b), 30.68 (6), 30.68 (9), 30.74 (1) (a), 30.74 (1) (b), 30.74 (1) (c), 30.74 (2) (a), 30.74 (3), 30.80 (6) (a), 30.80 (6) (c), 30.80 (6) (e), 885.235 (1m), 885.235 (4) and 938.343 (5); to repeal and recreate 30.547 (title); and to create 30.50 (1j), 30.52 (1) (b) 1r., 30.52 (3) (im), 30.52 (5) (bn), 30.547 (2), 30.547 (3), 30.547 (4), 30.681 (1) (bn), 30.74 (1) (bn), 30.80 (2m), 30.80 (3m), 30.80 (6) (a) 4. and 5., 30.80 (6) (a) 6. and 971.19 (10) of the statutes; relating to: the intoxicated boating law; capacity plates on boats; certificate of number and registration requirements for boats; prohibitions against falsifying boat titles and other documentation; prohibitions against operating boats using unsafe methods and in certain locations; boating safety course and certificates; granting rule-making authority; and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
198,1 Section 1. 30.50 (1j) of the statutes is created to read:
30.50 (1j) "Application" includes the form designated by the department and any supporting document or other information that is submitted to the department.
198,2 Section 2. 30.50 (4m) of the statutes is amended to read:
30.50 (4m) "Intoxicated boating law" means s. 30.681 (1) or a local ordinance in conformity with that section subsection, s. 30.681 (2) or, if the operation of a motorboat is involved, s. 940.09 or 940.25.
198,3 Section 3. 30.50 (9x) of the statutes is amended to read:
30.50 (9x) "Refusal law" means s. 30.684 (5) or a local ordinance in conformity with that section subsection.
198,4 Section 4. 30.501 (1) of the statutes is amended to read:
30.501 (1) Every vessel less than 26 20 feet in length designed to carry 2 or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars shall, if manufactured or offered for sale in this state, have affixed permanently thereto by the manufacturer a capacity plate as required by this section. As used in this section "manufacture" means to construct or assemble a vessel or alter a vessel so as to change its weight capacity.
198,5 Section 5. 30.501 (5) of the statutes is amended to read:
30.501 (5) The information appearing on a capacity plate shall be deemed to warrant that the manufacturer, or the person affixing the capacity plate as permitted by sub. (4), has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the department and that the information appearing on the capacity plate with respect to maximum weight capacity and recommended number of persons is the result of the application of applying such method and formula, and with respect to information concerning horsepower limitations that such information is not a deliberate or negligent misrepresentation.
198,6 Section 6. 30.505 of the statutes is amended to read:
30.505 Certificate of number system to conform to federal system. The certificate of number system and the issuance of identification numbers employed by the department shall be in conformity with the overall system of identification numbering for motorboats boats established by the U.S. government. The department shall promulgate rules as are necessary to bring the state certificate of number system and the issuance of identification numbers into conformity with this federal system.
198,7 Section 7. 30.51 (2) (a) 4. of the statutes is amended to read:
30.51 (2) (a) 4. Operated within a period of 15 60 days after application for a certificate of number has been made and the required fee has been paid, if proof of application is carried on board.
198,8 Section 8. 30.51 (2) (c) 4. of the statutes is amended to read:
30.51 (2) (c) 4. Operated within 15 60 days after an application for registration is made and the required fee is paid if proof of the application for registration is carried on board the boat.
198,9 Section 9. 30.52 (1) (b) 1r. of the statutes is created to read:
30.52 (1) (b) 1r. A person applying for registration of a federally documented vessel shall submit as part of the application a photocopy of the front and back of the federal certificate of documentation for the vessel, which must be current at the time of applying for registration.
198,10 Section 10. 30.52 (1) (c) of the statutes is amended to read:
30.52 (1) (c) Application for duplicates. If a certificate of number card, a registration card, a certification sticker or decal or a registration sticker or decal is lost or destroyed the owner may apply for a duplicate. The application shall be made upon a form designated by the department and owner shall submit an application which shall be accompanied by the required fee for each duplicate certificate of number card, registration card, certification sticker or decal or registration sticker or decal applied for.
198,11 Section 11. 30.52 (3) (im) of the statutes is created to read:
30.52 (3) (im) Dealer or manufacturer fees. A manufacturer or dealer in boats may, at the manufacturer's or dealer's option, pay a fee of $50 for the issuance or renewal of a certificate of number.
198,12 Section 12. 30.52 (3m) (a) of the statutes is amended to read:
30.52 (3m) (a) Any applicant for the issuance or renewal of a certificate of number or registration under sub. (3) (b) to (i) (im) may, in addition to paying the fee charged for the certificate, elect to make a voluntary $1 contribution to be used for lake research.
198,13 Section 13. 30.52 (5) (a) 1. of the statutes is amended to read:
30.52 (5) (a) 1. Upon receipt of a proper application for the issuance or renewal of a certificate of number accompanied by the required fee, a sales tax report and , the payment of any sales and use tax due under s. 77.61 (1) and any other information the department determines to be necessary, the department shall issue to the applicant a certificate of number card. The certificate of number card shall state the identification number awarded, the name and address of the owner and other information the department deems determines to be necessary. The certificate of number card shall be of pocket size and of durable water resistant material.
198,14 Section 14. 30.52 (5) (a) 3. of the statutes is amended to read:
30.52 (5) (a) 3. At the time the department issues a certificate of number card, it shall award an identification number. The department shall provide the applicant with instructions concerning the painting or attachment of the awarded identification number to the boat. The identification number shall be awarded to a particular boat unless the owner of the boat is a manufacturer of or dealer in boats, motors or trailers who has paid the fee under sub. (3) (im) and desires to use the identification number on his or her boats only while being tested or demonstrated or while being used for the purpose of testing or demonstrating a motor or trailer is used on that boat.
198,15 Section 15. 30.52 (5) (b) 1. of the statutes is amended to read:
30.52 (5) (b) 1. Upon receipt of a proper application for the issuance or renewal of a registration accompanied by the required fee and, a sales tax report, the payment of any sales and use tax due under s. 77.61 (1) and any other information the department determines to be necessary, the department shall issue to the applicant a registration card. The registration card shall state the name and address of the owner and other information the department deems determines to be necessary. The registration card shall be of pocket size and of durable water resistant material.
198,16 Section 16. 30.52 (5) (bn) of the statutes is created to read:
30.52 (5) (bn) Sales tax information required. 1. For an application submitted under par. (a) 1. or (b) 1., the purchaser of the boat shall complete the sales tax information required by the department on the application unless subd. 2. applies.
2. For an application submitted under par. (a) 1. or (b) 1., if the seller is a manufacturer or a dealer, the manufacturer or dealer shall complete the sales tax information if the manufacturer or dealer agrees to do so on behalf of the purchaser.
198,17 Section 17. 30.523 (2) (c) of the statutes is amended to read:
30.523 (2) (c) Stickers or decals for boats owned by manufacturers and dealers. Notwithstanding pars. par. (a) and (b), a manufacturer or dealer in boats, motors or trailers who has paid the fee under s. 30.52 (3) (im) may attach or affix the certification or registration stickers or decals to removable signs to be temporarily but firmly mounted upon or attached to the boat while the boat is being tested or demonstrated or while the boat is being used in connection with the testing or demonstration of a motor or trailer operated.
198,18 Section 18. 30.523 (3) of the statutes is amended to read:
30.523 (3) Display of identification number. Upon being issued a certificate of number card and awarded an identification number, the owner of the boat shall paint on or attach the identification number to each side of the forward half of the boat in the manner prescribed by rules promulgated by the department. The owner shall paint or attach the identification number so it is clearly visible and shall maintain the identification number in a legible condition at all times. A manufacturer or dealer in boats, motors or trailers who has paid the fee under s. 30.52 (3) (im) may paint the identification number on or attach the identification number to removable signs to be temporarily but firmly mounted upon or attached to the boat while being tested or demonstrated or while being used in connection with the testing or demonstrating of a motor or trailer operated. No number other than the identification number awarded by the department or granted reciprocity under this chapter may be painted, attached or otherwise displayed on either side of the forward half of a boat.
198,19 Section 19. 30.531 (2) of the statutes is amended to read:
30.531 (2) Prerequisite to registration. Except as provided in sub. (3), an applicant's eligibility for a certificate of title is a prerequisite to registration of the boat. If the applicant for registration holds a valid certificate of title previously issued to the applicant by the department for the boat, that is prima facie evidence of ownership of the boat and the applicant need not apply for a new certificate of title on application when applying for registration.
198,20 Section 20. 30.533 (1) (intro.) of the statutes is amended to read:
30.533 (1) Certificate; contents. (intro.) An application for a certificate of title shall be made to the department upon a form prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall contain the following information:
198,21 Section 21. 30.539 (2) of the statutes is amended to read:
30.539 (2) Forms. The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, or insurance company, and may contain forms for application applying for a certificate of title by a transferee.
198,22 Section 22. 30.547 (title) of the statutes is repealed and recreated to read:
30.547 (title) Alterations and falsifications prohibited.
198,23 Section 23. 30.547 of the statutes is renumbered 30.547 (1) and amended to read:
30.547 (1) Any No person who may intentionally falsifies falsify an application for a certificate of title or a certificate of title issued under s. 30.537 (1) or 30.541 (4) or who intentionally alters a hull identification number or engine serial number shall be fined not more than $5,000 or imprisoned not more than 5 years or both.
198,24 Section 24. 30.547 (2) of the statutes is created to read:
30.547 (2) No person may intentionally falsify an application for a certificate of number or registration or a certificate of number or registration card issued under s. 30.52.
198,25 Section 25. 30.547 (3) of the statutes is created to read:
30.547 (3) No person may intentionally alter, remove or change any number or other character in an engine serial number.
198,26 Section 26. 30.547 (4) of the statutes is created to read:
30.547 (4) No person may do any of the following:
(a) Intentionally alter, remove or change any number or other character in a hull identification number.
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