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.