Amendment ASA1-AB426

AB426-ASA1,2,3 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) (a), 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 (2k), 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:

AB426-ASA1, s. 1 Section 1. 30.50 (1j) of the statutes is created to read:

AB426-ASA1,2,6 30.50 (1j) "Application" includes the form designated by the department and any supporting document or other information that is submitted to the department.

AB426-ASA1, s. 2 Section 2. 30.50 (4m) of the statutes is amended to read:

AB426-ASA1,2,10 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.

AB426-ASA1, s. 3 Section 3. 30.50 (9x) of the statutes is amended to read:

AB426-ASA1,2,13 30.50 (9x) "Refusal law" means s. 30.684 (5) or a local ordinance in conformity with that section subsection.

AB426-ASA1, s. 4 Section 4. 30.501 (1) of the statutes is amended to read:

AB426-ASA1,2,20 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.

AB426-ASA1, s. 5 Section 5. 30.501 (5) of the statutes is amended to read:

AB426-ASA1,3,7 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.

AB426-ASA1, s. 6 Section 6. 30.505 of the statutes is amended to read:

AB426-ASA1,3,15 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.

AB426-ASA1, s. 7 Section 7. 30.51 (2) (a) 4. of the statutes is amended to read:

AB426-ASA1,3,19 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.

AB426-ASA1, s. 8 Section 8. 30.51 (2) (c) 4. of the statutes is amended to read:

AB426-ASA1,3,23 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.

AB426-ASA1, s. 9 Section 9. 30.52 (1) (b) 1r. of the statutes is created to read:

AB426-ASA1,4,4 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.

AB426-ASA1, s. 10 Section 10. 30.52 (1) (c) of the statutes is amended to read:

AB426-ASA1,4,12 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.

AB426-ASA1, s. 11 Section 11. 30.52 (3) (im) of the statutes is created to read:

AB426-ASA1,4,16 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.

AB426-ASA1, s. 12 Section 12. 30.52 (3m) (a) of the statutes is amended to read:

AB426-ASA1,4,21 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.

AB426-ASA1, s. 13 Section 13. 30.52 (5) (a) 1. of the statutes is amended to read:

AB426-ASA1,5,5 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.

AB426-ASA1, s. 14 Section 14. 30.52 (5) (a) 3. of the statutes is amended to read:

AB426-ASA1,5,15 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.

AB426-ASA1, s. 15 Section 15. 30.52 (5) (b) 1. of the statutes is amended to read:

AB426-ASA1,5,23 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.

AB426-ASA1, s. 16 Section 16. 30.52 (5) (bn) of the statutes is created to read:

AB426-ASA1,6,3 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.

AB426-ASA1,6,6 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.

AB426-ASA1, s. 17 Section 17. 30.523 (2) (c) of the statutes is amended to read:

AB426-ASA1,6,14 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.

AB426-ASA1, s. 18 Section 18. 30.523 (3) of the statutes is amended to read:

AB426-ASA1,7,4 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.

AB426-ASA1, s. 19 Section 19. 30.531 (2) of the statutes is amended to read:

AB426-ASA1,7,11 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.

AB426-ASA1, s. 20 Section 20. 30.533 (1) (intro.) of the statutes is amended to read:

AB426-ASA1,7,16 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:

AB426-ASA1, s. 21 Section 21. 30.539 (2) of the statutes is amended to read:

AB426-ASA1,7,21 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.

AB426-ASA1, s. 22 Section 22. 30.547 (title) of the statutes is repealed and recreated to read:

AB426-ASA1,7,23 30.547 (title) Alterations and falsifications prohibited.

AB426-ASA1, s. 23 Section 23. 30.547 of the statutes is renumbered 30.547 (1) and amended to read:

AB426-ASA1,8,4 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.

AB426-ASA1, s. 24 Section 24. 30.547 (2) of the statutes is created to read:

AB426-ASA1,8,8 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.

AB426-ASA1, s. 25 Section 25. 30.547 (3) of the statutes is created to read:

AB426-ASA1,8,11 30.547 (3) No person may intentionally alter, remove or change any number or other character in an engine serial number.

AB426-ASA1, s. 26 Section 26. 30.547 (4) of the statutes is created to read:

AB426-ASA1,8,13 30.547 (4) No person may do any of the following:

AB426-ASA1,8,15 (a) Intentionally alter, remove or change any number or other character in a hull identification number.

AB426-ASA1,8,17 (b) Manufacture a hull identification number that the person knows to be false to be placed on a boat that is manufactured after November 1, 1972.

AB426-ASA1,8,19 (c) Place a hull identification number that the person knows to be false on a boat that is manufactured after November 1, 1972.

AB426-ASA1, s. 27 Section 27. 30.549 (1) (a) of the statutes is amended to read:

AB426-ASA1,9,5 30.549 (1) (a) If the owner of a boat covered by a valid certificate of title and a valid or expired certificate of number or registration issued by this state transfers all or any part of the owner's interest in the boat, other than by the creation of a security interest, the owner shall give the current certificate of number card or the registration card to the new owner and shall deliver the current certificate of title, if the boat is required to be titled, to the new owner as provided under s. 30.541 (1). If the owner does not possess a current certificate of number or registration or a current title, the owner shall provide to the department any documentation or information the department determines to be necessary to effect the transfer of ownership.

AB426-ASA1, s. 28 Section 28. 30.66 (3) (a) of the statutes is amended to read:

AB426-ASA1,9,9 30.66 (3) (a) Except under s. 30.69 (3), no person may operate a motorboat within 100 feet of any dock, raft, pier or buoyed restricted area or any shoreline on any lake at a speed in excess of slow-no-wake speed.

AB426-ASA1, s. 29 Section 29. 30.68 (6) of the statutes is amended to read:

AB426-ASA1,9,18 30.68 (6) Riding on decks and gunwales. No person operating a motorboat shall allow any person to may ride or sit, or may allow any other person in the motorboat to ride or sit, on the gunwales, tops of seat backs or sides or on the decking over the bow of the boat while under way, unless such person is inboard of guards or railings provided on the boat to prevent passengers persons from being lost overboard. Nothing in this section shall be construed to prohibit entry upon the decking over the bow of the boat for the purpose of anchoring, mooring or casting off or other necessary purpose.

AB426-ASA1, s. 30 Section 30. 30.68 (9) of the statutes is amended to read:

AB426-ASA1,9,23 30.68 (9) Overloading. No person may operate, and no owner of a boat may allow a person to 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.

AB426-ASA1, s. 31 Section 31. 30.68 (10) of the statutes is renumbered 30.62 (2m) and amended to read:

AB426-ASA1,10,4 30.62 (2m) Overpowering. No person may sell, equip or operate, and no owner of a boat may allow a person to 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.

AB426-ASA1, s. 32 Section 32. 30.681 (1) (bn) of the statutes is created to read:

AB426-ASA1,10,9 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below legal drinking age . A person who has not attained the legal drinking age, as defined in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has a blood alcohol concentration of more than 0.0 but less than 0.1.

AB426-ASA1, s. 33 Section 33. 30.74 (intro.) (except 30.74 (title)) of the statutes is repealed.

AB426-ASA1, s. 34 Section 34. 30.74 (1) (a) of the statutes is amended to read:

AB426-ASA1,10,17 30.74 (1) (a) Create The department shall create comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses.

AB426-ASA1, s. 35 Section 35. 30.74 (1) (b) of the statutes is amended to read:

AB426-ASA1,11,2 30.74 (1) (b) The department shall prescribe the course content, the form of the certificate and may collect $2 a fee from each person who enrolls in the course. The department may authorize instructors conducting such courses meeting standards established by it to retain $1 a portion of the fee to defray expenses incurred locally to operate the program. The remaining $1 remainder of the fee shall be retained by the department for the purpose of defraying a part of its expenses incurred to operate the program. The department by rule shall set the fee for the course and the amount of the fee that may be retained by instructors.

AB426-ASA1, s. 36 Section 36. 30.74 (1) (bn) of the statutes is created to read:

AB426-ASA1,11,5 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for life unless revoked by a court under s. 30.80 (2m) or (6) (e) or 938.343 (5).

AB426-ASA1, s. 37 Section 37. 30.74 (1) (c) of the statutes is amended to read:

AB426-ASA1,11,10 30.74 (1) (c) Valid certificates A valid certificate issued by other states or provinces another state, as defined in s. 115.46 (2) (f), or a province of Canada that is held by persons between the ages of 10 and 16 years a person will be honored if the course content substantially meets that established by the department.

AB426-ASA1, s. 38 Section 38. 30.74 (2) (a) of the statutes is amended to read:

AB426-ASA1,11,24 30.74 (2) (a) By The department by rule shall establish uniform marking of the water areas of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard. No municipality or person may mark the waters of this state in any manner in conflict with the marking system prescribed by the department. Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law. The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this marking system and if it is being placed pursuant to an ordinance that has been enacted in compliance with s. 30.77.

AB426-ASA1, s. 39 Section 39. 30.74 (3) of the statutes is amended to read:

AB426-ASA1,12,4 30.74 (3) Enforcement. Assist The department shall assist in the enforcement of ss. 30.50 to 30.80 and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.

AB426-ASA1, s. 40 Section 40. 30.80 (2k) of the statutes is created to read:

AB426-ASA1,12,7 30.80 (2k) Any person violating s. 30.66 (3) shall forfeit not more than $250 for the first offense and not more than $1,000 for the 2nd or subsequent offense.

AB426-ASA1, s. 41 Section 41. 30.80 (2m) of the statutes is created to read:

AB426-ASA1,12,13 30.80 (2m) Any person violating s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1). If the person has a valid certificate at the time that the court imposes sentence under sub. (1) or (2), the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

AB426-ASA1, s. 42 Section 42. 30.80 (3m) of the statutes is created to read: