SB285, s. 29 13Section 29. 30.531 (2) of the statutes is amended to read:
SB285,10,1914 30.531 (2) Prerequisite to registration. Except as provided in sub. (3), an
15applicant's eligibility for a certificate of title is a prerequisite to registration of the
16boat. If the applicant for registration holds a valid certificate of title previously
17issued to the applicant by the department for the boat, that is prima facie evidence
18of ownership of the boat and the applicant need not apply for a new certificate of title
19on application when applying for registration.
SB285, s. 30 20Section 30. 30.531 (3) (am) of the statutes is created to read:
SB285,10,2221 30.531 (3) (am) Nonmotorized boats. A nonmotorized boat is exempt from both
22the certificate of origin and certificate of title requirements of this chapter.
SB285, s. 31 23Section 31. 30.531 (3) (b) of the statutes is repealed.
SB285, s. 32 24Section 32. 30.531 (3) (bn) of the statutes is amended to read:
SB285,11,3
130.531 (3) (bn) Boats voluntarily registered. A boat canoe or sailboard issued
2a registration card pursuant to s. 30.52 (1) (b) 1m. is exempt from both the certificate
3of origin and certificate of title requirements of this chapter.
SB285, s. 33 4Section 33. 30.533 (1) (intro.) of the statutes is amended to read:
SB285,11,85 30.533 (1) Certificate; contents. (intro.) An application for a certificate of
6title shall be made to the department upon a form prescribed by it and shall be
7accompanied by the required fee. Each application for certificate of title shall contain
8the following information:
SB285, s. 34 9Section 34. 30.539 (2) of the statutes is amended to read:
SB285,11,1310 30.539 (2) Forms. The certificate of title shall contain forms for assignment and
11warranty of title by the owner, and for assignment and warranty of title by a dealer,
12or insurance company, and may contain forms for application applying for a
13certificate of title by a transferee.
SB285, s. 35 14Section 35. 30.547 (title) of the statutes is repealed and recreated to read:
SB285,11,15 1530.547 (title) Alterations and falsifications prohibited.
SB285, s. 36 16Section 36. 30.547 of the statutes is renumbered 30.547 (1) and amended to
17read:
SB285,11,2118 30.547 (1) Any No person who may intentionally falsifies falsify an application
19for a certificate of title or a certificate of title issued under s. 30.537 (1) or 30.541 (4)
20or who intentionally alters a hull identification number or engine serial number
21shall be fined not more than $5,000 or imprisoned not more than 5 years or both
.
SB285, s. 37 22Section 37. 30.547 (2) of the statutes is created to read:
SB285,11,2523 30.547 (2) No person may intentionally falsify an application for a certificate
24of number or registration or a certificate of number or registration card issued under
25s. 30.52.
SB285, s. 38
1Section 38. 30.547 (3) of the statutes is created to read:
SB285,12,32 30.547 (3) No person may intentionally alter, remove or change any number
3or other character in an engine serial number.
SB285, s. 39 4Section 39. 30.547 (4) of the statutes is created to read:
SB285,12,55 30.547 (4) No person may do any of the following:
SB285,12,76 (a) Intentionally alter, remove or change any number or other character in a
7hull identification number.
SB285,12,98 (b) Manufacture a hull identification number that the person knows to be false
9to be placed on a boat that is manufactured after November 1, 1972.
SB285,12,1110 (c) Place a hull identification number that the person knows to be false on a boat
11that is manufactured after November 1, 1972.
SB285, s. 40 12Section 40. 30.549 (1) (a) of the statutes is amended to read:
SB285,12,2213 30.549 (1) (a) If the owner of a boat covered by a valid certificate of title and
14a valid or expired certificate of number or registration issued by this state
transfers
15all or any part of the owner's interest in the boat, other than by the creation of a
16security interest, the owner shall give the current certificate of number card or the
17registration card to the new owner and shall deliver the current certificate of title,
18if the boat is required to be titled,
to the new owner as provided under s. 30.541 (1).
19If the owner does not possess a current certificate of number or registration or a
20current title, the owner shall provide to the department any documentation or
21information the department determines to be necessary to effect the transfer of
22ownership.
SB285, s. 41 23Section 41. 30.549 (1) (b) of the statutes is amended to read:
SB285,13,324 30.549 (1) (b) When the owner of a boat canoe or a sailboard that is voluntarily
25registered pursuant to s. 30.52 (1) (b) 1m. transfers all or any part of the owner's

1interest in the boat canoe or sailboard, other than by the creation of a security
2interest, the owner shall send written notification of the transfer to the department
3within 15 days after the date of transfer.
SB285, s. 42 4Section 42. 30.549 (2) (b) of the statutes is amended to read:
SB285,13,75 30.549 (2) (b) The purchaser of a boat canoe or a sailboard that is voluntarily
6registered pursuant to s. 30.52 (1) (b) 1m. need not register the boat canoe or
7sailboard
upon transfer of ownership.
SB285, s. 43 8Section 43. 30.66 (3) (a) of the statutes is amended to read:
SB285,13,119 30.66 (3) (a) Except under s. 30.69 (3), no person may operate a motorboat
10within 100 feet of any dock, raft, pier or buoyed restricted area or any shoreline on
11any lake at a speed in excess of slow-no-wake speed.
SB285, s. 44 12Section 44. 30.68 (6) of the statutes is amended to read:
SB285,13,2013 30.68 (6) Riding on decks and gunwales. No person operating a motorboat
14shall allow any person to may ride or sit, or may allow any other person in the
15motorboat to ride or sit,
on the gunwales, tops of seat backs or sides or on the decking
16over the bow of the boat while under way, unless such person is inboard of guards or
17railings provided on the boat to prevent passengers persons from being lost
18overboard. Nothing in this section shall be construed to prohibit entry upon the
19decking over the bow of the boat for the purpose of anchoring, mooring or casting off
20or other necessary purpose.
SB285, s. 45 21Section 45. 30.68 (9) of the statutes is amended to read:
SB285,13,2522 30.68 (9) Overloading. No person may operate, and no owner of a boat may
23allow a person to operate, a
boat shall be that is loaded with passengers or cargo
24beyond its safe carrying capacity, taking into consideration weather and other
25existing operating conditions.
SB285, s. 46
1Section 46. 30.68 (10) of the statutes is renumbered 30.62 (2m) and amended
2to read:
SB285,14,63 30.62 (2m) Overpowering. No person may sell, equip or operate, and no owner
4of a boat may allow a person to operate, a
boat shall be equipped with any motor or
5other propulsion machinery beyond its safe power capacity, taking into consideration
6the type and construction of such watercraft and other existing operating conditions.
SB285, s. 47 7Section 47. 30.681 (1) (bn) of the statutes is created to read:
SB285,14,118 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below
9age 19.
A person who has not attained the age of 19 may not engage in the operation
10of a motorboat while he or she has a blood alcohol concentration of more than 0.0 but
11less than 0.1.
SB285, s. 48 12Section 48. 30.74 (intro.) (except 30.74 (title)) of the statutes is repealed.
SB285, s. 49 13Section 49. 30.74 (1) (a) of the statutes is amended to read:
SB285,14,1914 30.74 (1) (a) Create The department shall create comprehensive courses on
15boating safety and operation. These courses shall be offered in cooperation with
16schools, private clubs and organizations, and may be offered by the department in
17areas where requested and where other sponsorship is unavailable. The department
18shall issue certificates to persons 10 years of age or older successfully completing
19such courses.
SB285, s. 50 20Section 50. 30.74 (1) (b) of the statutes is amended to read:
SB285,15,321 30.74 (1) (b) The department shall prescribe the course content, the form of the
22certificate and may collect $2 a fee from each person who enrolls in the course. The
23department may authorize instructors conducting such courses meeting standards
24established by it to retain $1 a portion of the fee to defray expenses incurred locally
25to operate the program. The remaining $1 remainder of the fee shall be retained by

1the department for the purpose of defraying a part of its expenses incurred to operate
2the program. The department by rule shall set the fee for the course and the amount
3of the fee that may be retained by instructors.
SB285, s. 51 4Section 51. 30.74 (1) (bn) of the statutes is created to read:
SB285,15,65 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for
6life unless revoked by a court under s. 30.80 (2m) or (6) (e) or 938.343 (5).
SB285, s. 52 7Section 52. 30.74 (1) (c) of the statutes is amended to read:
SB285,15,118 30.74 (1) (c) Valid certificates A valid certificate issued by other states or
9provinces
another state, as defined in s. 115.46 (2) (f), or a province of Canada that
10is
held by persons between the ages of 10 and 16 years a person will be honored if the
11course content substantially meets that established by the department.
SB285, s. 53 12Section 53. 30.74 (2) (a) of the statutes is amended to read:
SB285,15,2513 30.74 (2) (a) By The department by rule shall establish uniform marking of the
14water areas of this state through the placement of aids to navigation and regulatory
15markers. These rules shall establish a marking system compatible with the system
16of aids to navigation prescribed by the U.S. coast guard and shall give due regard to
17the system of uniform waterway markers approved by the advisory panel of state
18officials to the merchant marine council, U.S. coast guard. No municipality or person
19may mark the waters of this state in any manner in conflict with the marking system
20prescribed by the department. Any regulatory marker or aid to navigation that does
21not comply with this marking system is considered an unlawful obstruction to
22navigable waters and may be removed in accordance with law. The department may
23not prohibit the placement of a regulatory marker or an aid to navigation if it
24complies with this marking system and if it is being placed pursuant to an ordinance
25that has been enacted in compliance with s. 30.77.
SB285, s. 54
1Section 54. 30.74 (3) of the statutes is amended to read:
SB285,16,52 30.74 (3) Enforcement. Assist The department shall assist in the enforcement
3of ss. 30.50 to 30.80 and in connection therewith maintain patrol boats and operate
4such patrol boats at such times and places as the department deems necessary in the
5interest of boating safety and the effective enforcement of boating laws.
SB285, s. 55 6Section 55. 30.80 (2m) of the statutes is created to read:
SB285,16,117 30.80 (2m) Any person violating s. 30.68 shall be required to obtain a certificate
8of satisfactory completion of a safety course under s. 30.74 (1). If the person has a
9valid certificate at the time that the court imposes sentence under sub. (1) or (2), the
10court shall permanently revoke the certificate and order the person to obtain a
11certificate of satisfactory completion of a safety course under s. 30.74 (1).
SB285, s. 56 12Section 56. 30.80 (3m) of the statutes is created to read:
SB285,16,1413 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more
14than $5,000 or imprisoned not more than 5 years or both.
SB285, s. 57 15Section 57. 30.80 (6) (a) of the statutes is amended to read:
SB285,16,1916 30.80 (6) (a) Penalties related to prohibited operation of a motorboat;
17intoxicants; refusal.
1. Except as provided under subds. 2. and 3., a person who
18violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a)
19or (b)
or 30.684 (5) the refusal law shall forfeit not less than $150 nor more than $300.
SB285,16,2520 2. Except as provided under subd. 3., a person who violates s. 30.681 (1) (a) or
21(b), a local ordinance in conformity with s. 30.681 (1) or (b)
or 30.684 (5) the refusal
22law
and who, within 5 years prior to the arrest for the current violation, was
23convicted previously under the intoxicated boating law or the refusal law shall be
24fined not less than $300 nor more than $1,000 and shall be imprisoned not less than
255 days nor more than 6 months.
SB285,17,6
13. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity
2with s. 30.681 (1) (a) or (b)
or 30.684 (5) the refusal law and who, within 5 years prior
3to the arrest for the current violation, was convicted 2 times previously under the
4intoxicated boating law or refusal law shall be fined not less than $600 nor more than
5$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
6county jail.
SB285, s. 58 7Section 58. 30.80 (6) (a) 4. of the statutes is created to read:
SB285,17,98 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (bn) or a local ordinance in
9conformity with s. 30.681 (1) (bn) shall forfeit $50.
SB285, s. 59 10Section 59. 30.80 (6) (e) of the statutes is amended to read:
SB285,17,1811 30.80 (6) (e) Certificate of satisfactory completion of safety course. In addition
12to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5)
13or who violates s. 940.09 or 940.25 if the violation involves the operation of a
14motorboat, shall be ordered by the court to obtain a certificate of satisfactory
15completion of a safety course under s. 30.74 (1). If the person has a valid certificate
16at the time that the court imposes sentence, the court shall permanently revoke the
17certificate and order the person to obtain a certificate of satisfactory completion of
18a safety course under s. 30.74 (1).
SB285, s. 60 19Section 60. 66.325 (1) of the statutes is amended to read:
SB285,18,420 66.325 (1) Notwithstanding any other provision of law to the contrary, the
21governing body of any city, village or, town or county is empowered to declare, by
22ordinance or resolution, an emergency existing within the city, village or, town or
23county
whenever conditions arise by reason of war, conflagration, flood, heavy snow
24storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and
25including conditions, without limitation because of enumeration, which impair

1transportation, food or fuel supplies, medical care, fire, health or police protection or
2other vital facilities of the city, village or, town or county. The period of the emergency
3shall be limited by the ordinance or resolution to the time during which the
4emergency conditions exist or are likely to exist.
SB285, s. 61 5Section 61. 66.325 (2) of the statutes is amended to read:
SB285,18,116 66.325 (2) The emergency power of the governing body conferred under sub.
7(1) includes the general authority to order, by ordinance or resolution, whatever is
8necessary and expedient for the health, safety, welfare and good order of the city,
9village or, town or county in the emergency and. The powers of a county under sub.
10(1) and this subsection only apply to a navigable water or a portion of a navigable
11water that is located in the county.
SB285,18,16 12(2m) (a) The emergency power of a city, village or town includes without
13limitation because of enumeration the power to bar, restrict or remove all
14unnecessary traffic, both vehicular and pedestrian, from the local highways,
15notwithstanding any provision of chs. 341 to 349 or any other provisions of law but
16does not include the powers conferred on a county under this subsection
.
SB285,18,20 17(c) The governing body of the city, village or, town or county may provide
18penalties for violation of any emergency ordinance or resolution not to exceed a $100
19forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each
20separate offense.
SB285, s. 62 21Section 62. 66.325 (2m) (b) of the statutes is created to read:
SB285,18,2422 66.325 (2m) (b) The powers of a county under sub. (1) include without
23limitation because of enumeration the power to bar, restrict and remove all
24unnecessary boats from the navigable water, or part thereof.
SB285, s. 63 25Section 63. 66.325 (3) of the statutes is amended to read:
SB285,19,9
166.325 (3) If, because of the emergency conditions, the governing body of the
2city, village or, town or county is unable to meet with promptness, the chief executive
3officer or acting chief executive officer of any city, village or, town or county shall
4exercise by proclamation all of the powers conferred upon the governing body under
5sub. (1) or (2) which within the discretion of the officer appear necessary and
6expedient for the purposes herein set forth. The proclamation shall be subject to
7ratification, alteration, modification or repeal by the governing body as soon as that
8body can meet, but the subsequent action taken by the governing body shall not affect
9the prior validity of the proclamation.
SB285, s. 64 10Section 64. 66.325 (4) of the statutes is created to read:
SB285,19,1411 66.325 (4) An ordinance, resolution or proclamation enacted or declared by a
12county for a navigable water under this section shall be prominently posted and shall
13also be filed with the department of natural resources. The secretary of natural
14resources may suspend such an ordinance, resolution or proclamation.
SB285, s. 65 15Section 65. 885.235 (1m) of the statutes is amended to read:
SB285,20,216 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
17or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the
18time in question, as shown by chemical analysis of a sample of the person's blood or
19urine or evidence of the amount of alcohol in the person's breath, is admissible on the
20issue of whether he or she had an alcohol concentration in the range specified in s.
2123.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol
22concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
23after the event to be proved. The fact that the analysis shows that the person had
24an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie
25evidence that the person had an alcohol concentration in the range specified in s.

123.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol
2concentration above 0.0 under s. 346.63 (7).
SB285, s. 66 3Section 66. 885.235 (4) of the statutes is amended to read:
SB285,20,94 885.235 (4) The provisions of this section relating to the admissibility of
5chemical tests for alcohol concentration or intoxication shall not be construed as
6limiting the introduction of any other competent evidence bearing on the question
7of whether or not a person was under the influence of an intoxicant, had a specified
8alcohol concentration or had an alcohol concentration in the range specified in s.
923.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c).
SB285, s. 67 10Section 67. 938.343 (5) of the statutes is amended to read:
SB285,20,1511 938.343 (5) If the violation is related to unsafe use of a boat, order the juvenile
12to attend a safety course under s. 30.74 (1). If the juvenile has a valid certificate at
13the time that the court imposes sentence, the court shall permanently revoke the
14certificate and order the person to obtain a certificate of satisfactory completion of
15a safety course under s. 30.74 (1).
SB285, s. 68 16Section 68. 971.19 (10) of the statutes is created to read:
SB285,20,2217 971.19 (10) In an action under s. 30.547 for intentionally falsifying an
18application for a certificate of number, a registration or a certificate of title, the
19defendant may be tried in the defendant's county of residence at the time that the
20complaint is filed, in the county where the defendant purchased the boat if purchased
21from a dealer or the county where the department of natural resources received the
22application.
SB285, s. 69 23Section 69. Initial applicability.
SB285,21,3
1(1) Intoxicated boating law. The treatment of section 30.80 (6) (a) 1., 2. and
23. of the statutes first applies to violations committed on the effective date of this
3subsection.
SB285,21,54 (2) Falsified applications. The treatment of section 971.19 (10) of the statutes
5first applies to criminal actions commenced on the effective date of this subsection.
SB285, s. 70 6Section 70. Effective dates. This act takes effect on the day after
7publication, except as follows:
Loading...
Loading...