SB285: Bill Text

SB285, s. 49 Section 49. 30.74 (1) (a) of the statutes is amended to read:

SB285,14,19 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.

SB285, s. 50 Section 50. 30.74 (1) (b) of the statutes is amended to read:

SB285,15,3 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.

SB285, s. 51 Section 51. 30.74 (1) (bn) of the statutes is created to read:

SB285,15,6 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).

SB285, s. 52 Section 52. 30.74 (1) (c) of the statutes is amended to read:

SB285,15,11 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.

SB285, s. 53 Section 53. 30.74 (2) (a) of the statutes is amended to read:

SB285,15,25 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.

SB285, s. 54 Section 54. 30.74 (3) of the statutes is amended to read:

SB285,16,5 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.

SB285, s. 55 Section 55. 30.80 (2m) of the statutes is created to read:

SB285,16,11 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).

SB285, s. 56 Section 56. 30.80 (3m) of the statutes is created to read:

SB285,16,14 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 5 years or both.

SB285, s. 57 Section 57. 30.80 (6) (a) of the statutes is amended to read:

SB285,16,19 30.80 (6) (a) Penalties related to prohibited operation of a motorboat; intoxicants; refusal. 1. Except as provided under subds. 2. and 3., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law shall forfeit not less than $150 nor more than $300.

SB285,16,25 2. Except as provided under subd. 3., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted previously under the intoxicated boating law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned not less than 5 days nor more than 6 months.

SB285,17,6 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 2 times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

SB285, s. 58 Section 58. 30.80 (6) (a) 4. of the statutes is created to read:

SB285,17,9 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (bn) or a local ordinance in conformity with s. 30.681 (1) (bn) shall forfeit $50.

SB285, s. 59 Section 59. 30.80 (6) (e) of the statutes is amended to read:

SB285,17,18 30.80 (6) (e) Certificate of satisfactory completion of safety course. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court 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, 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).

SB285, s. 60 Section 60. 66.325 (1) of the statutes is amended to read:

SB285,18,4 66.325 (1) Notwithstanding any other provision of law to the contrary, the governing body of any city, village or, town or county is empowered to declare, by ordinance or resolution, an emergency existing within the city, village or, town or county whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the city, village or, town or county. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.

SB285, s. 61 Section 61. 66.325 (2) of the statutes is amended to read:

SB285,18,11 66.325 (2) The emergency power of the governing body conferred under sub. (1) includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the city, village or, town or county in the emergency and. The powers of a county under sub. (1) and this subsection only apply to a navigable water or a portion of a navigable water that is located in the county.

SB285,18,16 (2m) (a) The emergency power of a city, village or town includes without limitation because of enumeration the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of chs. 341 to 349 or any other provisions of law but does not include the powers conferred on a county under this subsection.

SB285,18,20 (c) The governing body of the city, village or, town or county may provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each separate offense.

SB285, s. 62 Section 62. 66.325 (2m) (b) of the statutes is created to read:

SB285,18,24 66.325 (2m) (b) The powers of a county under sub. (1) include without limitation because of enumeration the power to bar, restrict and remove all unnecessary boats from the navigable water, or part thereof.

SB285, s. 63 Section 63. 66.325 (3) of the statutes is amended to read:

SB285,19,9 66.325 (3) If, because of the emergency conditions, the governing body of the city, village or, town or county is unable to meet with promptness, the chief executive officer or acting chief executive officer of any city, village or, town or county shall exercise by proclamation all of the powers conferred upon the governing body under sub. (1) or (2) which within the discretion of the officer appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration, modification or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.

SB285, s. 64 Section 64. 66.325 (4) of the statutes is created to read:

SB285,19,14 66.325 (4) An ordinance, resolution or proclamation enacted or declared by a county for a navigable water under this section shall be prominently posted and shall also be filed with the department of natural resources. The secretary of natural resources may suspend such an ordinance, resolution or proclamation.

SB285, s. 65 Section 65. 885.235 (1m) of the statutes is amended to read:

SB285,20,2 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

SB285, s. 66 Section 66. 885.235 (4) of the statutes is amended to read:

SB285,20,9 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a specified alcohol concentration or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c).

SB285, s. 67 Section 67. 938.343 (5) of the statutes is amended to read:

SB285,20,15 938.343 (5) If the violation is related to unsafe use of a boat, order the juvenile to attend a safety course under s. 30.74 (1). If the juvenile has a valid certificate at the time that the court imposes sentence, 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).

SB285, s. 68 Section 68. 971.19 (10) of the statutes is created to read:

SB285,20,22 971.19 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer or the county where the department of natural resources received the application.

SB285, s. 69 Section 69. Initial applicability.

SB285,21,3 (1) Intoxicated boating law. The treatment of section 30.80 (6) (a) 1., 2. and 3. of the statutes first applies to violations committed on the effective date of this subsection.

SB285,21,5 (2) Falsified applications. The treatment of section 971.19 (10) of the statutes first applies to criminal actions commenced on the effective date of this subsection.

SB285, s. 70 Section 70. Effective dates. This act takes effect on the day after publication, except as follows:

SB285,21,14 (1) Certificate of numbers for nonmotorized boats and for boats owned by dealers or manufacturers; titling of boats under 16 feet. The treatment of sections 30.505, 30.51 (2) (a) 1., 2. and 2m., 30.52 (1) (b) 1m., (3) (f), (fm), (i) 2. and (im) and (5) (a) 2. and 3. and (b) 1m., 30.523 (2) (c) and (3), 30.525, 30.531 (3) (am), (b) and (bn) and 30.549 (1) (b) and (2) (b) of the statutes and the renumbering and amendment of section 30.52 (3) (i) of the statutes take effect on the April 1 after publication.

SB285,21,17 (2) Boating safety program. The treatment of sections 30.74 (intro.), (1) (a), (b), (bn) and (c), (2) (a) and (3) and 30.80 (2m) of the statutes takes effect on the first day of the 12th month beginning after publication.

SB285,21,20 (3) Other. The treatment of sections 30.52 (1) (b) 1r., 30.66 (3) (a), 30.681 (1) (bn), 30.80 (6) (a) 4. and 885.235 (1m) and (4) of the statutes takes effect on the first day of the 3rd month beginning after publication.

SB285,21,21 (End)