LRB-3570/1
MGG:mfd:hmh
1997 - 1998 LEGISLATURE
September 2, 1997 - Introduced by Senators Clausing and Burke, cosponsored by
Representatives Johnsrud, Black, Notestein, Seratti, Plouff, R. Young and
Boyle. Referred to Committee on Agriculture and Environmental Resources.
SB285,2,6 1An Act to repeal 30.51 (2) (a) 1. and 2., 30.52 (5) (b) 1m., 30.531 (3) (b) and 30.74
2(intro.) (except 30.74 (title)); to renumber and amend 30.52 (3) (i), 30.547 and
330.68 (10); to amend 30.50 (4m), 30.50 (9x), 30.501 (1), 30.501 (5), 30.505, 30.51
4(2) (a) 4., 30.51 (2) (c) 4., 30.52 (1) (b) 1m., 30.52 (1) (c), 30.52 (3) (f), 30.52 (3) (fm),
530.52 (3m) (a), 30.52 (5) (a) 1., 30.52 (5) (a) 2., 30.52 (5) (a) 3., 30.52 (5) (b) 1.,
630.523 (2) (c), 30.523 (3), 30.525, 30.531 (2), 30.531 (3) (bn), 30.533 (1) (intro.),
730.539 (2), 30.549 (1) (a), 30.549 (1) (b), 30.549 (2) (b), 30.66 (3) (a), 30.68 (6),
830.68 (9), 30.74 (1) (a), 30.74 (1) (b), 30.74 (1) (c), 30.74 (2) (a), 30.74 (3), 30.80
9(6) (a), 30.80 (6) (e), 66.325 (1), 66.325 (2), 66.325 (3), 885.235 (1m), 885.235 (4)
10and 938.343 (5); to repeal and recreate 30.547 (title); and to create 30.50 (1j),
1130.51 (2) (a) 2m., 30.52 (1) (b) 1r., 30.52 (3) (i) 2., 30.52 (3) (im), 30.52 (5) (bn),
1230.531 (3) (am), 30.547 (2), 30.547 (3), 30.547 (4), 30.681 (1) (bn), 30.74 (1) (bn),
1330.80 (2m), 30.80 (3m), 30.80 (6) (a) 4., 66.325 (2m) (b), 66.325 (4) and 971.19
14(10) of the statutes; relating to: the intoxicated boating law; capacity plates on

1boats; certificate of number, registration and titling requirements for boats;
2prohibitions against falsifying boat titles and other documentation;
3prohibitions against operating boats using unsafe methods and in certain
4locations; boating safety course and certificates; emergency powers of counties
5over navigable waters; granting rule-making authority; and providing
6penalties.
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, including inflatable boats and rafts designed to transport
persons but excluding canoes 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:
SB285, s. 1 1Section 1. 30.50 (1j) of the statutes is created to read:
SB285,3,32 30.50 (1j) "Application" includes the form designated by the department and
3any supporting document or other information that is submitted to the department.
SB285, s. 2 4Section 2. 30.50 (4m) of the statutes is amended to read:
SB285,3,75 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.
SB285, s. 3 8Section 3. 30.50 (9x) of the statutes is amended to read:
SB285,4,2
130.50 (9x) "Refusal law" means s. 30.684 (5) or a local ordinance in conformity
2with that section subsection.
SB285, s. 4 3Section 4. 30.501 (1) of the statutes is amended to read:
SB285,4,94 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.
SB285, s. 5 10Section 5. 30.501 (5) of the statutes is amended to read:
SB285,4,1911 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.
SB285, s. 6 20Section 6. 30.505 of the statutes is amended to read:
SB285,5,2 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.
SB285, s. 7 3Section 7. 30.51 (2) (a) 1. and 2. of the statutes are repealed.
SB285, s. 8 4Section 8. 30.51 (2) (a) 2m. of the statutes is created to read:
SB285,5,55 30.51 (2) (a) 2m. A canoe or a sailboard.
SB285, s. 9 6Section 9. 30.51 (2) (a) 4. of the statutes is amended to read:
SB285,5,97 30.51 (2) (a) 4. Operated within a period of 15 60 days after application for a
8certificate of number has been made and the required fee has been paid, if proof of
9application is carried on board.
SB285, s. 10 10Section 10. 30.51 (2) (c) 4. of the statutes is amended to read:
SB285,5,1311 30.51 (2) (c) 4. Operated within 15 60 days after an application for registration
12is made and the required fee is paid if proof of the application for registration is
13carried on board the boat.
SB285, s. 11 14Section 11. 30.52 (1) (b) 1m. of the statutes is amended to read:
SB285,5,1715 30.52 (1) (b) 1m. Any person who owns a nonmotorized boat that is exempt from
16the certificate of number and the registration requirement under s. 30.51 (2) (a) 1.
17or 2.
sailboard or a canoe may apply to the department for registration.
SB285, s. 12 18Section 12. 30.52 (1) (b) 1r. of the statutes is created to read:
SB285,5,2219 30.52 (1) (b) 1r. A person applying for registration of a federally documented
20vessel shall submit as part of the application a photocopy of the front and back of the
21federal certificate of documentation for the vessel, which must be current at the time
22of applying for registration.
SB285, s. 13 23Section 13. 30.52 (1) (c) of the statutes is amended to read:
SB285,6,524 30.52 (1) (c) Application for duplicates. If a certificate of number card, a
25registration card, a certification sticker or decal or a registration sticker or decal is

1lost or destroyed the owner may apply for a duplicate. The application shall be made
2upon a form designated by the department and
owner shall submit an application
3which
shall be accompanied by the required fee for each duplicate certificate of
4number card, registration card, certification sticker or decal or registration sticker
5or decal applied for.
SB285, s. 14 6Section 14. 30.52 (3) (f) of the statutes is amended to read:
SB285,6,97 30.52 (3) (f) (title) Fee for nonmotorized sailboats boats. Notwithstanding pars.
8(b) to (e), the fee for the issuance or renewal of a certificate of number for a sailboat
9which is not a motorboat
nonmotorized boat is $10.
SB285, s. 15 10Section 15. 30.52 (3) (fm) of the statutes is amended to read:
SB285,6,1311 30.52 (3) (fm) Fee for voluntarily registered boats. Notwithstanding pars. (b)
12to (f), the fee for issuance or renewal of registration for a boat canoe or sailboard
13registered pursuant to sub. (1) (b) 1m. is $6.50.
SB285, s. 16 14Section 16. 30.52 (3) (i) of the statutes is renumbered 30.52 (3) (i) 1. and
15amended to read:
SB285,6,2216 30.52 (3) (i) 1. A person owning or holding 3 or more boats motorboats may, at
17the person's option, pay a fleet rate for these boats motorboats instead of the fees
18which otherwise would be payable under pars. (b) to, (c), (d), (e) or (g).
19Notwithstanding pars. (b) to, (c), (d), (e) or (g), the fee for the issuance or renewal of
20certificates of number or registrations for boats under the this fleet rate is $18 plus
2150% of the fees which would otherwise be applicable for the boats under pars. (b) to,
22(c), (d), (e) or
(g)
SB285, s. 17 23Section 17. 30.52 (3) (i) 2. of the statutes is created to read:
SB285,7,324 30.52 (3) (i) 2. A person owning or holding 3 or more nonmotorized boats may,
25at the person's option, pay a fleet rate for these nonmotorized boats instead of the fees

1which otherwise would be payable under pars. (f) and (fm). Notwithstanding pars.
2(f) and (fm), the fee for the issuance or renewal of certificates of number for
3nonmotorized boats under this fleet rate is $25.
SB285, s. 18 4Section 18. 30.52 (3) (im) of the statutes is created to read:
SB285,7,75 30.52 (3) (im) Dealer or manufacturer fees. A manufacturer or dealer in boats
6may, at the manufacturer's or dealer's option, pay a fee of $50 for the issuance or
7renewal of a certificate of number.
SB285, s. 19 8Section 19. 30.52 (3m) (a) of the statutes is amended to read:
SB285,7,129 30.52 (3m) (a) Any applicant for the issuance or renewal of a certificate of
10number or registration under sub. (3) (b) to (i) (im) may, in addition to paying the fee
11charged for the certificate, elect to make a voluntary $1 contribution to be used for
12lake research.
SB285, s. 20 13Section 20. 30.52 (5) (a) 1. of the statutes is amended to read:
SB285,7,2114 30.52 (5) (a) 1. Upon receipt of a proper application for the issuance or renewal
15of a certificate of number accompanied by the required fee, a sales tax report and, the
16payment of any sales and use tax due under s. 77.61 (1) and any other information
17the department determines to be necessary
, the department shall issue to the
18applicant a certificate of number card. The certificate of number card shall state the
19identification number awarded, the name and address of the owner and other
20information the department deems determines to be necessary. The certificate of
21number card shall be of pocket size and of durable water resistant material.
SB285, s. 21 22Section 21. 30.52 (5) (a) 2. of the statutes is amended to read:
SB285,8,423 30.52 (5) (a) 2. At the time the department issues a certificate of number card,
24it shall issue 2 certification stickers or decals per boat. The certification stickers or
25decals shall bear the year of expiration of the current certification and registration

1period. For nonmotorized boats, the certification stickers or decals shall be distinct
2in form and design from the other certification stickers or decals issued under this
3subdivision.
The department shall provide the applicant with instructions
4concerning the attachment of the certification stickers or decals to the boat.
SB285, s. 22 5Section 22. 30.52 (5) (a) 3. of the statutes is amended to read:
SB285,8,146 30.52 (5) (a) 3. At the time the department issues a certificate of number card,
7it shall award an identification number. The department shall provide the applicant
8with instructions concerning the painting or attachment of the awarded
9identification number to the boat. The identification number shall be awarded to a
10particular boat unless the owner of the boat is a manufacturer of or dealer in boats,
11motors or trailers who has paid the fee under sub. (3) (im) and desires to use the
12identification number on his or her boats only while being tested or demonstrated or
13while being used for the purpose of testing or demonstrating a motor or trailer
is used
14on that boat
.
SB285, s. 23 15Section 23. 30.52 (5) (b) 1. of the statutes is amended to read:
SB285,8,2216 30.52 (5) (b) 1. Upon receipt of a proper application for the issuance or renewal
17of a registration accompanied by the required fee and , a sales tax report, the payment
18of any sales and use tax due under s. 77.61 (1) and any other information the
19department determines to be necessary
, the department shall issue to the applicant
20a registration card. The registration card shall state the name and address of the
21owner and other information the department deems determines to be necessary. The
22registration card shall be of pocket size and of durable water resistant material.
SB285, s. 24 23Section 24. 30.52 (5) (b) 1m. of the statutes is repealed.
SB285, s. 25 24Section 25. 30.52 (5) (bn) of the statutes is created to read:
SB285,9,3
130.52 (5) (bn) Sales tax information required. 1. For an application submitted
2under par. (a) 1. or (b) 1., the purchaser of the boat shall complete the sales tax
3information required by the department on the application unless subd. 2. applies.
SB285,9,64 2. For an application submitted under par. (a) 1. or (b) 1., if the seller is a
5manufacturer or a dealer, the manufacturer or dealer shall complete the sales tax
6information if the manufacturer or dealer agrees to do so on behalf of the purchaser.
SB285, s. 26 7Section 26. 30.523 (2) (c) of the statutes is amended to read:
SB285,9,148 30.523 (2) (c) Stickers or decals for boats owned by manufacturers and dealers.
9Notwithstanding pars. par. (a) and (b), a manufacturer or dealer in boats, motors or
10trailers who has paid the fee under s. 30.52 (3) (im) may attach or affix the
11certification or registration stickers or decals to removable signs to be temporarily
12but firmly mounted upon or attached to the boat while the boat is being tested or
13demonstrated or while the boat is being used in connection with the testing or
14demonstration of a motor or trailer
operated.
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