AB426, s. 39
8Section
39. 30.549 (1) (a) of the statutes is amended to read:
AB426,12,189
30.549
(1) (a) If the owner of a boat
covered by a valid certificate of title and
10a valid or expired certificate of number or registration issued by this state transfers
11all or any part of the owner's interest in the boat, other than by the creation of a
12security interest, the owner shall give the
current certificate of number card or the
13registration card to the new owner and shall deliver the
current certificate of title
,
14if the boat is required to be titled, to the new owner as provided under s. 30.541 (1).
15If the owner does not possess a current certificate of number or registration or a
16current title, the owner shall provide to the department any documentation or
17information the department determines to be necessary to effect the transfer of
18ownership.
AB426, s. 40
19Section
40. 30.66 (3) (a) of the statutes is amended to read:
AB426,12,2220
30.66
(3) (a) Except under s. 30.69 (3), no person may operate a motorboat
21within 100 feet of any dock, raft, pier or buoyed restricted area
or any shoreline on
22any lake at a speed in excess of slow-no-wake speed.
AB426, s. 41
23Section
41. 30.68 (6) of the statutes is amended to read:
AB426,13,624
30.68
(6) Riding on decks and gunwales. No person operating a motorboat
25shall allow any person to may ride or sit
, or may allow any other person in the
1motorboat to ride or sit, on the gunwales, tops of seat backs or sides or on the decking
2over the bow of the boat while under way, unless such person is inboard of guards or
3railings provided on the boat to prevent
passengers
persons from being lost
4overboard. Nothing in this section shall be construed to prohibit entry upon the
5decking over the bow of the boat for the purpose of anchoring, mooring or casting off
6or other necessary purpose.
AB426, s. 42
7Section
42. 30.68 (9) of the statutes is amended to read:
AB426,13,118
30.68
(9) Overloading. No
person may operate, and no owner of a boat may
9allow a person to operate, a boat
shall be that is loaded with passengers or cargo
10beyond its safe carrying capacity, taking into consideration weather and other
11existing operating conditions.
AB426, s. 43
12Section
43. 30.68 (10) of the statutes is renumbered 30.62 (2m) and amended
13to read:
AB426,13,1714
30.62
(2m) Overpowering. No
person may sell, equip or operate, and no owner
15of a boat may allow a person to operate, a boat
shall be equipped with any motor or
16other propulsion machinery beyond its safe power capacity, taking into consideration
17the type and construction of such watercraft and other existing operating conditions.
AB426, s. 44
18Section
44. 30.681 (1) (bn) of the statutes is created to read:
AB426,13,2219
30.681
(1) (bn)
Operating with alcohol concentrations at specified levels; below
20age 19. A person who has not attained the age of 19 may not engage in the operation
21of a motorboat while he or she has a blood alcohol concentration of more than 0.0 but
22less than 0.1.
AB426, s. 45
23Section
45. 30.74 (intro.) (except 30.74 (title)) of the statutes is repealed.
AB426, s. 46
24Section
46. 30.74 (1) (a) of the statutes is amended to read:
AB426,14,6
130.74
(1) (a)
Create The department shall create comprehensive courses on
2boating safety and operation. These courses shall be offered in cooperation with
3schools, private clubs and organizations, and may be offered by the department in
4areas where requested and where other sponsorship is unavailable. The department
5shall issue certificates to persons 10 years of age or older successfully completing
6such courses.
AB426, s. 47
7Section
47. 30.74 (1) (b) of the statutes is amended to read:
AB426,14,158
30.74
(1) (b) The department shall prescribe the course content, the form of the
9certificate and may collect
$2 a fee from each person who enrolls in the course. The
10department may authorize instructors conducting such courses meeting standards
11established by it to retain
$1 a portion of the fee to defray expenses incurred locally
12to operate the program. The
remaining $1 remainder of the fee shall be retained by
13the department for the purpose of defraying a part of its expenses incurred to operate
14the program.
The department by rule shall set the fee for the course and the amount
15of the fee that may be retained by instructors.
AB426, s. 48
16Section
48. 30.74 (1) (bn) of the statutes is created to read:
AB426,14,1817
30.74
(1) (bn) A certificate issued to a person under this subsection is valid for
18life unless revoked by a court under s. 30.80 (2m) or (6) (e) or 938.343 (5).
AB426, s. 49
19Section
49. 30.74 (1) (c) of the statutes is amended to read:
AB426,14,2320
30.74
(1) (c)
Valid certificates
A valid certificate issued by
other states or
21provinces another state, as defined in s. 115.46 (2) (f), or a province of Canada that
22is held by
persons between the ages of 10 and 16 years a person will be honored if the
23course content substantially meets that established by the department.
AB426, s. 50
24Section
50. 30.74 (2) (a) of the statutes is amended to read:
AB426,15,13
130.74
(2) (a)
By The department by rule
shall establish uniform marking of the
2water areas of this state through the placement of aids to navigation and regulatory
3markers. These rules shall establish a marking system compatible with the system
4of aids to navigation prescribed by the U.S. coast guard and shall give due regard to
5the system of uniform waterway markers approved by the advisory panel of state
6officials to the merchant marine council, U.S. coast guard. No municipality or person
7may mark the waters of this state in any manner in conflict with the marking system
8prescribed by the department. Any regulatory marker or aid to navigation that does
9not comply with this marking system is considered an unlawful obstruction to
10navigable waters and may be removed in accordance with law. The department may
11not prohibit the placement of a regulatory marker or an aid to navigation if it
12complies with this marking system and if it is being placed pursuant to an ordinance
13that has been enacted in compliance with s. 30.77.
AB426, s. 51
14Section
51. 30.74 (3) of the statutes is amended to read:
AB426,15,1815
30.74
(3) Enforcement. Assist The department shall assist in the enforcement
16of ss. 30.50 to 30.80 and in connection therewith maintain patrol boats and operate
17such patrol boats at such times and places as the department deems necessary in the
18interest of boating safety and the effective enforcement of boating laws.
AB426, s. 52
19Section
52. 30.80 (2m) of the statutes is created to read:
AB426,15,2420
30.80
(2m) Any person violating s. 30.68 shall be required to obtain a certificate
21of satisfactory completion of a safety course under s. 30.74 (1). If the person has a
22valid certificate at the time that the court imposes sentence under sub. (1) or (2), the
23court shall permanently revoke the certificate and order the person to obtain a
24certificate of satisfactory completion of a safety course under s. 30.74 (1).
AB426, s. 53
25Section
53. 30.80 (3m) of the statutes is created to read:
AB426,16,2
130.80
(3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more
2than $5,000 or imprisoned not more than 5 years or both.
AB426, s. 54
3Section
54. 30.80 (6) (a) of the statutes is amended to read:
AB426,16,74
30.80
(6) (a)
Penalties related to prohibited operation of a motorboat;
5intoxicants; refusal. 1. Except as provided under subds. 2. and 3., a person who
6violates s. 30.681 (1)
(a) or (b), a local ordinance in conformity with s. 30.681 (1) (a)
7or (b) or
30.684 (5) the refusal law shall forfeit not less than $150 nor more than $300.
AB426,16,138
2. Except as provided under subd. 3., a person who violates s. 30.681 (1)
(a) or
9(b), a local ordinance in conformity with s. 30.681 (1) or (b) or
30.684 (5) the refusal
10law and who, within 5 years prior to the arrest for the current violation, was
11convicted previously under the intoxicated boating law or the refusal law shall be
12fined not less than $300 nor more than $1,000 and shall be imprisoned not less than
135 days nor more than 6 months.
AB426,16,1914
3. A person who violates s. 30.681 (1)
(a) or (b), a local ordinance in conformity
15with s. 30.681 (1) (a) or (b) or
30.684 (5) the refusal law and who, within 5 years prior
16to the arrest for the current violation, was convicted 2 times previously under the
17intoxicated boating law or refusal law shall be fined not less than $600 nor more than
18$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
19county jail.
AB426, s. 55
20Section
55. 30.80 (6) (a) 4. of the statutes is created to read:
AB426,16,2221
30.80
(6) (a) 4. A person who violates s. 30.681 (1) (bn) or a local ordinance in
22conformity with s. 30.681 (1) (bn) shall forfeit $50.
AB426, s. 56
23Section
56. 30.80 (6) (e) of the statutes is amended to read:
AB426,17,624
30.80
(6) (e)
Certificate of satisfactory completion of safety course. In addition
25to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5)
1or who violates s. 940.09 or 940.25 if the violation involves the operation of a
2motorboat, shall be ordered by the court to obtain a certificate of satisfactory
3completion of a safety course under s. 30.74 (1).
If the person has a valid certificate
4at the time that the court imposes sentence, the court shall permanently revoke the
5certificate and order the person to obtain a certificate of satisfactory completion of
6a safety course under s. 30.74 (1).
AB426, s. 57
7Section
57. 66.325 (1) of the statutes is amended to read:
AB426,17,178
66.325
(1) Notwithstanding any other provision of law to the contrary, the
9governing body of any city, village
or, town
or county is empowered to declare, by
10ordinance or resolution, an emergency existing within the city, village
or, town
or
11county whenever conditions arise by reason of war, conflagration, flood, heavy snow
12storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and
13including conditions, without limitation because of enumeration, which impair
14transportation, food or fuel supplies, medical care, fire, health or police protection or
15other vital facilities of the city, village
or, town
or county. The period of the emergency
16shall be limited by the ordinance or resolution to the time during which the
17emergency conditions exist or are likely to exist.
AB426, s. 58
18Section
58. 66.325 (2) of the statutes is amended to read:
AB426,17,2419
66.325
(2) (a) The emergency power of the governing body conferred under sub.
20(1) includes the general authority to order, by ordinance or resolution, whatever is
21necessary and expedient for the health, safety, welfare and good order of the city,
22village
or, town
or county in the emergency
and. The powers of a county under sub.
23(1) and this subsection only apply to a navigable water or a portion of a navigable
24water that is located in the county.
AB426,18,5
1(2m) (a) The emergency power of a city, village or town includes without
2limitation because of enumeration the power to bar, restrict or remove all
3unnecessary traffic, both vehicular and pedestrian, from the local highways,
4notwithstanding any provision of chs. 341 to 349 or any other provisions of law
but
5does not include the powers conferred on a county under this subsection.
AB426,18,9
6(c) The governing body of the city, village
or, town
or county may provide
7penalties for violation of any emergency ordinance or resolution not to exceed a $100
8forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each
9separate offense.
AB426, s. 59
10Section
59. 66.325 (2m) (b) of the statutes is created to read:
AB426,18,1311
66.325
(2m) (b) The powers of a county under sub. (1) include without
12limitation because of enumeration the power to bar, restrict and remove all
13unnecessary boats from the navigable water, or part thereof.
AB426, s. 60
14Section
60. 66.325 (3) of the statutes is amended to read:
AB426,18,2315
66.325
(3) If, because of the emergency conditions, the governing body of the
16city, village
or, town
or county is unable to meet with promptness, the chief executive
17officer or acting chief executive officer of any city, village
or, town
or county shall
18exercise by proclamation all of the powers conferred upon the governing body under
19sub. (1) or (2) which within the discretion of the officer appear necessary and
20expedient for the purposes herein set forth. The proclamation shall be subject to
21ratification, alteration, modification or repeal by the governing body as soon as that
22body can meet, but the subsequent action taken by the governing body shall not affect
23the prior validity of the proclamation.
AB426, s. 61
24Section
61. 66.325 (4) of the statutes is created to read:
AB426,19,4
166.325
(4) An ordinance, resolution or proclamation enacted or declared by a
2county for a navigable water under this section shall be prominently posted and shall
3also be filed with the department of natural resources. The secretary of natural
4resources may suspend such an ordinance, resolution or proclamation.
AB426, s. 62
5Section
62. 885.235 (1m) of the statutes is amended to read:
AB426,19,176
885.235
(1m) In any action under s. 23.33 (4c) (a) 3.,
30.681 (1) (bn), 346.63 (2m)
7or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the
8time in question, as shown by chemical analysis of a sample of the person's blood or
9urine or evidence of the amount of alcohol in the person's breath, is admissible on the
10issue of whether he or she had an alcohol concentration in the range specified in s.
1123.33 (4c) (a) 3.,
30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol
12concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
13after the event to be proved. The fact that the analysis shows that the person had
14an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie
15evidence that the person had an alcohol concentration in the range specified in s.
1623.33 (4c) (a) 3.,
30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol
17concentration above 0.0 under s. 346.63 (7).
AB426, s. 63
18Section
63. 885.235 (4) of the statutes is amended to read:
AB426,19,2419
885.235
(4) The provisions of this section relating to the admissibility of
20chemical tests for alcohol concentration or intoxication shall not be construed as
21limiting the introduction of any other competent evidence bearing on the question
22of whether or not a person was under the influence of an intoxicant, had a specified
23alcohol concentration or had an alcohol concentration in the range specified in s.
2423.33 (4c) (a) 3.,
30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c).
AB426, s. 64
25Section
64. 938.343 (5) of the statutes is amended to read:
AB426,20,5
1938.343
(5) If the violation is related to unsafe use of a boat, order the juvenile
2to attend a safety course under s. 30.74 (1).
If the juvenile has a valid certificate at
3the time that the court imposes sentence, the court shall permanently revoke the
4certificate and order the person to obtain a certificate of satisfactory completion of
5a safety course under s. 30.74 (1).
AB426, s. 65
6Section
65. 971.19 (10) of the statutes is created to read:
AB426,20,127
971.19
(10) In an action under s. 30.547 for intentionally falsifying an
8application for a certificate of number, a registration or a certificate of title, the
9defendant may be tried in the defendant's county of residence at the time that the
10complaint is filed, in the county where the defendant purchased the boat if purchased
11from a dealer or the county where the department of natural resources received the
12application.
AB426,20,1614
(1)
Intoxicated boating law. The treatment of section 30.80 (6) (a) 1., 2. and
153. of the statutes first applies to violations committed on the effective date of this
16subsection.
AB426,20,1817
(2)
Falsified applications. The treatment of section 971.19 (10) of the statutes
18first applies to criminal actions commenced on the effective date of this subsection.
AB426, s. 67
19Section
67.
Effective dates. This act takes effect on the day after
20publication, except as follows:
AB426,21,221
(1)
Certificate of numbers for nonmotorized boats and for boats owned by
22dealers or manufacturers; titling of boats under 16
feet. The treatment of
23sections 30.505, 30.51 (2) (a) 1., 1m., 2. and 2m., 30.52 (1) (b) 1m., (3) (f), (i) 2. and (im)
24and (5) (a) 2. and 3., 30.523 (2) (c) and (3), 30.525 and 30.531 (3) (am) and (b) of the
1statutes and the renumbering and amendment of section 30.52 (3) (i) of the statutes
2take effect on the April 1 after publication.
AB426,21,53
(2)
Boating safety program. The treatment of sections 30.74 (intro.), (1) (a),
4(b), (bn) and (c), (2) (a) and (3) and 30.80 (2m) of the statutes takes effect on the first
5day of the 12th month beginning after publication.
AB426,21,86
(3)
Other. The treatment of sections 30.52 (1) (b) 1r., 30.66 (3) (a), 30.681 (1)
7(bn), 30.80 (6) (a) 4. and 885.235 (1m) and (4) of the statutes takes effect on the first
8day of the 3rd month beginning after publication.