LRB-2245/3
MGG:mfd:jf
1997 - 1998 LEGISLATURE
June 12, 1997 - Introduced by Representatives Dobyns, Linton, Johnsrud, Boyle,
Seratti and Handrick, cosponsored by Senators Breske and Clausing.
Referred to Committee on Natural Resources.
AB426,2,5
1An Act to repeal 30.51 (2) (a) 1., 30.51 (2) (a) 2., 30.531 (3) (b) and 30.74 (intro.)
2(except 30.74 (title));
to renumber and amend 30.52 (3) (i), 30.547 and 30.68
3(10);
to amend 30.50 (4m), 30.50 (9x), 30.501 (1), 30.501 (5), 30.505, 30.51 (2)
4(a) 4., 30.51 (2) (c) 4., 30.52 (1) (b) 1m., 30.52 (1) (c), 30.52 (3) (f), 30.52 (3m) (a),
530.52 (5) (a) 1., 30.52 (5) (a) 2., 30.52 (5) (a) 3., 30.52 (5) (b) 1., 30.523 (2) (c),
630.523 (3), 30.525, 30.531 (2), 30.533 (1) (intro.), 30.539 (2), 30.549 (1) (a), 30.66
7(3) (a), 30.68 (6), 30.68 (9), 30.74 (1) (a), 30.74 (1) (b), 30.74 (1) (c), 30.74 (2) (a),
830.74 (3), 30.80 (6) (a), 30.80 (6) (e), 66.325 (1), 66.325 (2), 66.325 (3), 885.235
9(1m), 885.235 (4) and 938.343 (5);
to repeal and recreate 30.547 (title); and
10to create 30.50 (1j), 30.51 (2) (a) 1m., 30.51 (2) (a) 2m., 30.52 (1) (b) 1r., 30.52
11(3) (i) 2., 30.52 (3) (im), 30.52 (5) (bn), 30.531 (3) (am), 30.547 (2), 30.547 (3),
1230.547 (4), 30.681 (1) (bn), 30.74 (1) (bn), 30.80 (2m), 30.80 (3m), 30.80 (6) (a)
134., 66.325 (2m) (b), 66.325 (4) and 971.19 (10) of the statutes;
relating to: the
14intoxicated boating law; capacity plates on boats; certificate of number,
1registration and titling requirements for boats; prohibitions against falsifying
2boat titles and other documentation; prohibitions against operating boats using
3unsafe methods and in certain locations; boating safety course and certificates;
4emergency powers of counties over navigable waters; granting rule-making
5authority; and providing penalties.
Analysis by the Legislative Reference Bureau
This bill makes various changes in the laws governing boat registration and
titling and boating safety. Most of the changes are described below.
Boat registration and titling
Under current law, with certain exceptions, a boat owner must register a boat
and pay a registration fee. Upon registration, the department of natural resources
(DNR) issues to the boat owner a certificate of number card or a registration card that
authorizes the operation of the boat in this state. The boat owner also receives 2
decals and an identification number that must be displayed on the boat. Current law
exempts most nonmotorized boats from these requirements. Under this bill, all
nonmotorized boats, except inflatable boats that are less than 8 feet in length and
sailboards, are subject to these registration requirements. The bill established a
reduced fleet fee for a boat owner wishing to register 3 or more nonmotorized boats.
Under current law, boats that are less than 16 feet in length are exempt from
being titled. This bill eliminates this exemption.
Administratively, DNR charges a registration fee for a boat dealer or
manufacturer to receive decals and an identification number that can be moved from
boat to boat. Under current law, dealers and manufacturers may use these decals
and numbers only for the purpose of testing or demonstrating a boat. This bill
establishes a statutory registration fee for dealers and manufacturers for certificate
of number cards, decals and identification numbers and imposes no restrictions on
the purposes for which a manufacturer or dealer may use these decals and numbers.
Under current law, a boat is exempt from the registration requirements for 15
days after the registration application for the boat is submitted. The bill increases
the time period to 60 days.
Current law prohibits a person from falsifying an application for a boat title or
the boat title itself. Under this bill, a person may not falsify a registration application
or a registration or certificate of number card.
Intoxicated boating law
The changes under this bill to the intoxicated boating law, which covers the
operation of motorboats, including personal watercraft, are the following:
1. The bill imposes an absolute-sobriety requirement on a person under 19
years old who is operating a motorboat. Under current law, there is no such
requirement.
2. The bill requires violations of local ordinances in conformity with the state
intoxicated boating laws to count as a current offenses under the state law. Under
current law, violations of local ordinances only count as previous offenses.
Boating safety course and other safety provisions
Current law requires DNR to establish a boating safety course. Under current
law, minors who are 10 to 15 years old may operate a motorboat if they are
accompanied by a parent, guardian or another adult designated by a parent or
guardian. A minor who is 12 to 15 is exempt from this requirement if the minor has
a boating safety certificate showing that the minor successfully completed the safety
course.
Under current law, the fee for the course is $2. This bill authorizes DNR to
establish the fee by rule.
The bill also specifically authorizes courts to revoke a person's boating safety
certificate for violating certain boating laws, including the intoxicated boating law.
Under current law, a motorboat less than 26 feet in length that is designed to
carry 2 or more persons must have a capacity plate affixed on the boat. The capacity
plate shows the total weight of persons, motor and other articles that the boat may
safely carry. This bill limits this requirement to cover such motorboats that are 20
feet in length or less.
The bill expands the areas where a person may not operate a motorboat in
excess of slow-no-wake speed to include the areas within 100 feet of a lake shoreline.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB426, s. 1
1Section
1. 30.50 (1j) of the statutes is created to read:
AB426,3,32
30.50
(1j) "Application" includes the form designated by the department and
3any supporting document or other information that is submitted to the department.
AB426, s. 2
4Section
2. 30.50 (4m) of the statutes is amended to read:
AB426,3,75
30.50
(4m) "Intoxicated boating law" means s. 30.681 (1) or a local ordinance
6in conformity with that
section subsection, s. 30.681 (2) or, if the operation of a
7motorboat is involved, s. 940.09 or 940.25.
AB426, s. 3
8Section
3. 30.50 (9x) of the statutes is amended to read:
AB426,4,2
130.50
(9x) "Refusal law" means s. 30.684 (5) or a local ordinance in conformity
2with that
section subsection.
AB426, s. 4
3Section
4. 30.501 (1) of the statutes is amended to read:
AB426,4,94
30.501
(1) Every vessel less than
26
20 feet in length designed to carry 2 or more
5persons and to be propelled by machinery as its principal source of power or designed
6to be propelled by oars shall, if manufactured or offered for sale in this state, have
7affixed permanently thereto by the manufacturer a capacity plate as required by this
8section. As used in this section "manufacture" means to construct or assemble a
9vessel or alter a vessel so as to change its weight capacity.
AB426, s. 5
10Section
5. 30.501 (5) of the statutes is amended to read:
AB426,4,1911
30.501
(5) The information appearing on a capacity plate shall be deemed to
12warrant that the manufacturer, or the person affixing the capacity plate as permitted
13by sub. (4), has correctly and faithfully employed a method and formula for the
14calculation of maximum weight capacity prescribed by the department and that the
15information appearing on the capacity plate with respect to maximum weight
16capacity and recommended number of persons is the result of
the application of 17applying such method and formula, and with respect to information concerning
18horsepower limitations that such information is not a deliberate or negligent
19misrepresentation.
AB426, s. 6
20Section
6. 30.505 of the statutes is amended to read:
AB426,5,2
2130.505 Certificate of number system to conform to federal system. The
22certificate of number system and the issuance of identification numbers employed
23by the department shall be in conformity with the overall system of identification
24numbering for
motorboats boats established by the U.S. government. The
25department shall promulgate rules as are necessary to bring the state certificate of
1number system and the issuance of identification numbers into conformity with this
2federal system.
AB426, s. 7
3Section
7. 30.51 (2) (a) 1. of the statutes is repealed.
AB426, s. 8
4Section
8. 30.51 (2) (a) 1m. of the statutes is created to read:
AB426,5,65
30.51
(2) (a) 1m. A nonmotorized boat that is inflatable and that is 8 feet or less
6in length.
AB426, s. 9
7Section
9. 30.51 (2) (a) 2. of the statutes is repealed.
AB426, s. 10
8Section
10. 30.51 (2) (a) 2m. of the statutes is created to read:
AB426,5,99
30.51
(2) (a) 2m. A sailboard.
AB426, s. 11
10Section
11. 30.51 (2) (a) 4. of the statutes is amended to read:
AB426,5,1311
30.51
(2) (a) 4. Operated within a period of
15 60 days after application for a
12certificate of number has been made and the required fee has been paid, if proof of
13application is carried on board.
AB426, s. 12
14Section
12. 30.51 (2) (c) 4. of the statutes is amended to read:
AB426,5,1715
30.51
(2) (c) 4. Operated within
15
60 days after an application for registration
16is made and the required fee is paid if proof of the application for registration is
17carried on board the boat.
AB426, s. 13
18Section
13. 30.52 (1) (b) 1m. of the statutes is amended to read:
AB426,5,2119
30.52
(1) (b) 1m. Any person who owns a nonmotorized boat that is exempt from
20the certificate of number and the registration requirement under s. 30.51 (2) (a)
1.
21or 2. 1m. or 2m. may apply to the department for registration.
AB426, s. 14
22Section
14. 30.52 (1) (b) 1r. of the statutes is created to read:
AB426,6,223
30.52
(1) (b) 1r. A person applying for registration of a federally documented
24vessel shall submit as part of the application a photocopy of the front and back of the
1federal certificate of documentation for the vessel, which must be current at the time
2of applying for registration.