SB285: Bill Text

LRB-3570/1

MGG:mfd:hmh

1997 - 1998 LEGISLATURE

1997 Senate BILL 285

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 An Act to repeal 30.51 (2) (a) 1. and 2., 30.52 (5) (b) 1m., 30.531 (3) (b) and 30.74 (intro.) (except 30.74 (title)); to renumber and amend 30.52 (3) (i), 30.547 and 30.68 (10); to amend 30.50 (4m), 30.50 (9x), 30.501 (1), 30.501 (5), 30.505, 30.51 (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), 30.52 (3m) (a), 30.52 (5) (a) 1., 30.52 (5) (a) 2., 30.52 (5) (a) 3., 30.52 (5) (b) 1., 30.523 (2) (c), 30.523 (3), 30.525, 30.531 (2), 30.531 (3) (bn), 30.533 (1) (intro.), 30.539 (2), 30.549 (1) (a), 30.549 (1) (b), 30.549 (2) (b), 30.66 (3) (a), 30.68 (6), 30.68 (9), 30.74 (1) (a), 30.74 (1) (b), 30.74 (1) (c), 30.74 (2) (a), 30.74 (3), 30.80 (6) (a), 30.80 (6) (e), 66.325 (1), 66.325 (2), 66.325 (3), 885.235 (1m), 885.235 (4) and 938.343 (5); to repeal and recreate 30.547 (title); and to create 30.50 (1j), 30.51 (2) (a) 2m., 30.52 (1) (b) 1r., 30.52 (3) (i) 2., 30.52 (3) (im), 30.52 (5) (bn), 30.531 (3) (am), 30.547 (2), 30.547 (3), 30.547 (4), 30.681 (1) (bn), 30.74 (1) (bn), 30.80 (2m), 30.80 (3m), 30.80 (6) (a) 4., 66.325 (2m) (b), 66.325 (4) and 971.19 (10) of the statutes; relating to: the intoxicated boating law; capacity plates on boats; certificate of number, registration and titling requirements for boats; prohibitions against falsifying boat titles and other documentation; prohibitions against operating boats using unsafe methods and in certain locations; boating safety course and certificates; emergency powers of counties over navigable waters; granting rule-making authority; 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, 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 Section 1. 30.50 (1j) of the statutes is created to read:

SB285,3,3 30.50 (1j) "Application" includes the form designated by the department and any supporting document or other information that is submitted to the department.

SB285, s. 2 Section 2. 30.50 (4m) of the statutes is amended to read:

SB285,3,7 30.50 (4m) "Intoxicated boating law" means s. 30.681 (1) or a local ordinance in conformity with that section subsection, s. 30.681 (2) or, if the operation of a motorboat is involved, s. 940.09 or 940.25.

SB285, s. 3 Section 3. 30.50 (9x) of the statutes is amended to read:

SB285,4,2 30.50 (9x) "Refusal law" means s. 30.684 (5) or a local ordinance in conformity with that section subsection.

SB285, s. 4 Section 4. 30.501 (1) of the statutes is amended to read:

SB285,4,9 30.501 (1) Every vessel less than 26 20 feet in length designed to carry 2 or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars shall, if manufactured or offered for sale in this state, have affixed permanently thereto by the manufacturer a capacity plate as required by this section. As used in this section "manufacture" means to construct or assemble a vessel or alter a vessel so as to change its weight capacity.

SB285, s. 5 Section 5. 30.501 (5) of the statutes is amended to read:

SB285,4,19 30.501 (5) The information appearing on a capacity plate shall be deemed to warrant that the manufacturer, or the person affixing the capacity plate as permitted by sub. (4), has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the department and that the information appearing on the capacity plate with respect to maximum weight capacity and recommended number of persons is the result of the application of applying such method and formula, and with respect to information concerning horsepower limitations that such information is not a deliberate or negligent misrepresentation.

SB285, s. 6 Section 6. 30.505 of the statutes is amended to read:

SB285,5,2 30.505 Certificate of number system to conform to federal system. The certificate of number system and the issuance of identification numbers employed by the department shall be in conformity with the overall system of identification numbering for motorboats boats established by the U.S. government. The department shall promulgate rules as are necessary to bring the state certificate of number system and the issuance of identification numbers into conformity with this federal system.

SB285, s. 7 Section 7. 30.51 (2) (a) 1. and 2. of the statutes are repealed.

SB285, s. 8 Section 8. 30.51 (2) (a) 2m. of the statutes is created to read:

SB285,5,5 30.51 (2) (a) 2m. A canoe or a sailboard.

SB285, s. 9 Section 9. 30.51 (2) (a) 4. of the statutes is amended to read:

SB285,5,9 30.51 (2) (a) 4. Operated within a period of 15 60 days after application for a certificate of number has been made and the required fee has been paid, if proof of application is carried on board.

SB285, s. 10 Section 10. 30.51 (2) (c) 4. of the statutes is amended to read:

SB285,5,13 30.51 (2) (c) 4. Operated within 15 60 days after an application for registration is made and the required fee is paid if proof of the application for registration is carried on board the boat.

SB285, s. 11 Section 11. 30.52 (1) (b) 1m. of the statutes is amended to read:

SB285,5,17 30.52 (1) (b) 1m. Any person who owns a nonmotorized boat that is exempt from the certificate of number and the registration requirement under s. 30.51 (2) (a) 1. or 2. sailboard or a canoe may apply to the department for registration.

SB285, s. 12 Section 12. 30.52 (1) (b) 1r. of the statutes is created to read:

SB285,5,22 30.52 (1) (b) 1r. A person applying for registration of a federally documented vessel shall submit as part of the application a photocopy of the front and back of the federal certificate of documentation for the vessel, which must be current at the time of applying for registration.

SB285, s. 13 Section 13. 30.52 (1) (c) of the statutes is amended to read:

SB285,6,5 30.52 (1) (c) Application for duplicates. If a certificate of number card, a registration card, a certification sticker or decal or a registration sticker or decal is lost or destroyed the owner may apply for a duplicate. The application shall be made upon a form designated by the department and owner shall submit an application which shall be accompanied by the required fee for each duplicate certificate of number card, registration card, certification sticker or decal or registration sticker or decal applied for.

SB285, s. 14 Section 14. 30.52 (3) (f) of the statutes is amended to read:

SB285,6,9 30.52 (3) (f) (title) Fee for nonmotorized sailboats boats. Notwithstanding pars. (b) to (e), the fee for the issuance or renewal of a certificate of number for a sailboat which is not a motorboat nonmotorized boat is $10.

SB285, s. 15 Section 15. 30.52 (3) (fm) of the statutes is amended to read:

SB285,6,13 30.52 (3) (fm) Fee for voluntarily registered boats. Notwithstanding pars. (b) to (f), the fee for issuance or renewal of registration for a boat canoe or sailboard registered pursuant to sub. (1) (b) 1m. is $6.50.

SB285, s. 16 Section 16. 30.52 (3) (i) of the statutes is renumbered 30.52 (3) (i) 1. and amended to read:

SB285,6,22 30.52 (3) (i) 1. A person owning or holding 3 or more boats motorboats may, at the person's option, pay a fleet rate for these boats motorboats instead of the fees which otherwise would be payable under pars. (b) to, (c), (d), (e) or (g). Notwithstanding pars. (b) to, (c), (d), (e) or (g), the fee for the issuance or renewal of certificates of number or registrations for boats under the this fleet rate is $18 plus 50% of the fees which would otherwise be applicable for the boats under pars. (b) to, (c), (d), (e) or (g)

SB285, s. 17 Section 17. 30.52 (3) (i) 2. of the statutes is created to read:

SB285,7,3 30.52 (3) (i) 2. A person owning or holding 3 or more nonmotorized boats may, at the person's option, pay a fleet rate for these nonmotorized boats instead of the fees which otherwise would be payable under pars. (f) and (fm). Notwithstanding pars. (f) and (fm), the fee for the issuance or renewal of certificates of number for nonmotorized boats under this fleet rate is $25.

SB285, s. 18 Section 18. 30.52 (3) (im) of the statutes is created to read:

SB285,7,7 30.52 (3) (im) Dealer or manufacturer fees. A manufacturer or dealer in boats may, at the manufacturer's or dealer's option, pay a fee of $50 for the issuance or renewal of a certificate of number.

SB285, s. 19 Section 19. 30.52 (3m) (a) of the statutes is amended to read:

SB285,7,12 30.52 (3m) (a) Any applicant for the issuance or renewal of a certificate of number or registration under sub. (3) (b) to (i) (im) may, in addition to paying the fee charged for the certificate, elect to make a voluntary $1 contribution to be used for lake research.

SB285, s. 20 Section 20. 30.52 (5) (a) 1. of the statutes is amended to read:

SB285,7,21 30.52 (5) (a) 1. Upon receipt of a proper application for the issuance or renewal of a certificate of number accompanied by the required fee, a sales tax report and, the payment of any sales and use tax due under s. 77.61 (1) and any other information the department determines to be necessary, the department shall issue to the applicant a certificate of number card. The certificate of number card shall state the identification number awarded, the name and address of the owner and other information the department deems determines to be necessary. The certificate of number card shall be of pocket size and of durable water resistant material.

SB285, s. 21 Section 21. 30.52 (5) (a) 2. of the statutes is amended to read:

SB285,8,4 30.52 (5) (a) 2. At the time the department issues a certificate of number card, it shall issue 2 certification stickers or decals per boat. The certification stickers or decals shall bear the year of expiration of the current certification and registration period. For nonmotorized boats, the certification stickers or decals shall be distinct in form and design from the other certification stickers or decals issued under this subdivision. The department shall provide the applicant with instructions concerning the attachment of the certification stickers or decals to the boat.

SB285, s. 22 Section 22. 30.52 (5) (a) 3. of the statutes is amended to read:

SB285,8,14 30.52 (5) (a) 3. At the time the department issues a certificate of number card, it shall award an identification number. The department shall provide the applicant with instructions concerning the painting or attachment of the awarded identification number to the boat. The identification number shall be awarded to a particular boat unless the owner of the boat is a manufacturer of or dealer in boats, motors or trailers who has paid the fee under sub. (3) (im) and desires to use the identification number on his or her boats only while being tested or demonstrated or while being used for the purpose of testing or demonstrating a motor or trailer is used on that boat.

SB285, s. 23 Section 23. 30.52 (5) (b) 1. of the statutes is amended to read:

SB285,8,22 30.52 (5) (b) 1. Upon receipt of a proper application for the issuance or renewal of a registration accompanied by the required fee and , a sales tax report, the payment of any sales and use tax due under s. 77.61 (1) and any other information the department determines to be necessary, the department shall issue to the applicant a registration card. The registration card shall state the name and address of the owner and other information the department deems determines to be necessary. The registration card shall be of pocket size and of durable water resistant material.

SB285, s. 24 Section 24. 30.52 (5) (b) 1m. of the statutes is repealed.

SB285, s. 25 Section 25. 30.52 (5) (bn) of the statutes is created to read:

SB285,9,3 30.52 (5) (bn) Sales tax information required. 1. For an application submitted under par. (a) 1. or (b) 1., the purchaser of the boat shall complete the sales tax information required by the department on the application unless subd. 2. applies.

SB285,9,6 2. For an application submitted under par. (a) 1. or (b) 1., if the seller is a manufacturer or a dealer, the manufacturer or dealer shall complete the sales tax information if the manufacturer or dealer agrees to do so on behalf of the purchaser.

SB285, s. 26 Section 26. 30.523 (2) (c) of the statutes is amended to read:

SB285,9,14 30.523 (2) (c) Stickers or decals for boats owned by manufacturers and dealers. Notwithstanding pars. par. (a) and (b), a manufacturer or dealer in boats, motors or trailers who has paid the fee under s. 30.52 (3) (im) may attach or affix the certification or registration stickers or decals to removable signs to be temporarily but firmly mounted upon or attached to the boat while the boat is being tested or demonstrated or while the boat is being used in connection with the testing or demonstration of a motor or trailer operated.