SB335: Bill Text

SB335,8,19 30.204 (5) Exemption from certain statutes and rules. Activities of the department in conducting the lake acidification experiment are exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure or penalty specified under s. 29.601 (3), 30.01 to 30.03, 30.06 to 30.16, 30.18 to 30.29, 30.50 to 30.99, 59.692, 87.30, 287.81, 299.15 to 299.23, 299.91, 299.95, or 299.97 or chs. 281, 283, or 289 to 292, or subch. II of ch. 350 as it relates to any type of motorboat, or specified in any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters.

SB335, s. 18 Section 18. 30.50 (1e), (1g), (1m) and (3d) of the statutes are repealed.

SB335, s. 19 Section 19. 30.50 (3g), (3h), (3r) and (4m) of the statutes are repealed.

SB335, s. 20 Section 20. 30.50 (9g), (9x) and (13m) of the statutes are repealed.

SB335, s. 21 Section 21. 30.64 (3) of the statutes is repealed and recreated to read:

SB335,8,24 30.64 (3) No operator of a boat may do any of the following:

SB335,9,2 (a) Fail or refuse to comply with any lawful order, signal, or direction of a law enforcement officer.

SB335,9,4 (b) Disobey the instructions of any official traffic sign or signal unless otherwise directed by a law enforcement officer.

SB335,9,8 (c) After having received a visual or audible signal to stop his or her boat from a law enforcement officer, or marked police vehicle, knowingly resist the law enforcement officer by failing to stop the boat as promptly as safety reasonably permits.

SB335,9,14 (d) After having received a visual or audible signal from a law enforcement officer, or marked police vehicle, knowingly flee or attempt to elude any law enforcement officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the law enforcement officer or other vehicles or individuals, nor may the operator increase the speed of the operator's boat or extinguish the lights of the boat in an attempt to elude or flee.

Note: See the note to Section 7.

SB335, s. 22 Section 22. 30.681 to 30.687 of the statutes are repealed.

SB335, s. 23 Section 23. 30.74 (1) (bn) of the statutes is amended to read:

SB335,9,19 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), 350.74 (10), or 938.343 (5).

SB335, s. 24 Section 24. 30.74 (3) of the statutes is amended to read:

SB335,9,23 30.74 (3) Enforcement. The department shall assist in the enforcement of ss. 30.50 to 30.80 and of subch. II of ch. 350 as it relates to any type of motorboat, 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.

SB335, s. 25 Section 25. 30.79 (1) (b) 1. of the statutes is amended to read:

SB335,10,10 30.79 (1) (b) 1. A unit within an existing municipal law enforcement agency or a separate municipal agency, created by a municipality or by a number of municipalities riparian to a single body of water for the purpose of enforcing ss. 30.50 to 30.80 and any rules promulgated and ordinances enacted under ss. 30.50 to 30.80, for the purpose of enforcing subch. II of ch. 350 and any ordinances enacted under s. 350.72 as the subchapter or ordinances relate to any type of motorboat, and for the purpose of conducting search and rescue operations.

SB335, s. 26 Section 26. 30.79 (2) of the statutes is amended to read:

SB335,10,18 30.79 (2) State aid. In order to protect public rights in navigable waters and to promote public health, safety and welfare and the prudent and equitable use of the navigable waters of the state, a system of state aids for local enforcement of ss. 30.50 to 30.80 and ordinances enacted under ss. 30.50 to 30.80, for local enforcement of subch. II of ch. 350 and ordinances enacted under s. 350.72 as the subchapter and ordinances relate to any type of motorboat, and for conducting search and rescue operations is established.

SB335, s. 27 Section 27. 30.79 (3) of the statutes is amended to read:

SB335,11,2 30.79 (3) Enforcement powers. Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50 to 30.80 or any rules promulgated or ordinances enacted under ss. 30.50 to 30.80, for the purpose of enforcing subch. II of ch. 350 or any ordinances enacted under s. 350.72 as the subchapter or ordinances relate to any type of motorboat, and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.

SB335, s. 28 Section 28. 30.79 (4) of the statutes is amended to read:

SB335,11,18 30.79 (4) Jurisdiction. Upon petition by any local governmental unit or group of local governmental units operating or intending to operate a water safety patrol unit, the department shall, if it finds that it is in the interest of efficient and effective enforcement to do so, by rule define the waters which may be patrolled by the unit, including waters lying within the territorial jurisdiction of some other town, village or city if the town, village or city consents to the patrol of its waters. Such consent is not required if the petitioner is a local governmental unit containing a population of 5,000 or more, bordering upon the waters to be affected by the rule in counties having a population of less than 500,000. Officers patrolling the waters as part of the water safety patrol unit shall have the powers of sheriff in enforcing ss. 30.50 to 30.80, or rules promulgated or ordinances enacted under ss. 30.50 to 30.80, in enforcing subch. II of ch. 350, or ordinances enacted under s. 350.72, as the subchapter or ordinances relate to any type of motorboat, and in conducting search and rescue operations, on any of the waters so defined, whether or not the waters are within the jurisdiction of the local governmental unit for other purposes.

SB335, s. 29 Section 29. 30.79 (5) of the statutes is amended to read:

SB335,12,12 30.79 (5) Payment of aids. On or before January 31 of the year following the year in which a local governmental unit operated a water safety patrol unit, it shall file with the department on the forms prescribed by it a detailed statement of the costs incurred by the local governmental unit in the operation of the water safety patrol unit during the past calendar year and of the receipts resulting from fines or forfeitures imposed upon persons convicted of violations of ordinances enacted under s. 30.77 or of ordinances enacted under s. 350.72 as they relate to any type of motorboat. The department shall audit the statement and determine the net costs that are directly attributable to the operation and maintenance of the water safety patrol unit, including a reasonable amount for depreciation of equipment. In calculating the net costs, the department shall deduct any fines or forfeitures imposed on persons convicted of violations of ordinances under s. 30.77 and any costs that do not comply with the rules promulgated under sub. (2m). The department shall compute the state aids on the basis of 75% of these net costs and shall cause the aids to be paid on or before April 1 of the year in which the statements are filed. If the state aids payable to local governmental units exceed the moneys available for such purpose, the department shall prorate the payments. No local governmental unit may receive state aid amounting to more than 20% of the funds available.

SB335, s. 30 Section 30. 30.80 (6) of the statutes is repealed and recreated to read:

SB335,12,16 30.80 (6) (a) A person who violates s. 30.64 (3) (a) or (b) may be required to forfeit not less than $20 nor more than $40 for the first conviction and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

SB335,12,18 (b) A person who violates s. 30.64 (3) (c) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB335,12,21 (c) 1. Except as provided in subd. 2., 3., or 4., a person who violates s. 30.64 (3) (d) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,12,25 2. If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,13,3 3. If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,13,6 4. If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months.

Note: Current law provides that an operator of a boat who refuses to stop after being requested or signaled to do so by a law enforcement officer must forfeit not more than $50 for the first offense and must forfeit not more than $100 upon conviction of the same offense a second or subsequent time within one year. The violation and penalties are altered as described in Section 7 of the bill. See also Section 21.

SB335, s. 31 Section 31. 46.03 (18) (f) of the statutes is amended to read:

SB335,13,20 46.03 (18) (f) Notwithstanding par. (a), any person who submits to an assessment or driver safety plan under s. 23.33 (13) (e), 30.80 (6) (d), 343.16 (5) (a), 343.30 (1q), 343.305 (10) or 350.11 (3) (d), or 350.74 (9) shall pay a reasonable fee therefor to the appropriate county department under s. 51.42 or traffic safety school under s. 345.60. A county may allow the person to pay the assessment fee in 1, 2, 3, or 4 equal instalments. The fee for the driver safety plan may be reduced or waived if the person is unable to pay the complete fee, but no fee for assessment or attendance at a traffic safety school under s. 345.60 may be reduced or waived. Nonpayment of the assessment fee is noncompliance with the court order that required completion of an assessment and driver safety plan. Upon a finding that the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order that required completion of an assessment and driver safety plan.

SB335, s. 32 Section 32. 59.54 (14) (g) of the statutes is amended to read:

SB335,14,9 59.54 (14) (g) A county may establish extensions of the jail, which need not be at the county seat, to serve as places of temporary confinement. No person may be detained in such an extension for more than 24 consecutive hours, except that a court may order that a person subject to imprisonment under s. 23.33 (13) (b) 2. or 3. or (c) or 350.11 (3) (a) 2. or 3. or (b) 350.74 (1) (b) to (e) or (3) be imprisoned for more than 24 consecutive hours in such an extension. Jail extensions shall be subject to plans and specifications approval by the department of corrections and shall conform to other requirements imposed by law on jails, except that cells may be designed and used for multiple occupancy.

SB335, s. 33 Section 33. 110.07 (7) of the statutes is created to read:

SB335,14,12 110.07 (7) This section does not apply to subch. II of ch. 350 as it relates to any type of motorboat.

SB335, s. 34 Section 34. 281.31 (9) of the statutes is amended to read:

SB335,14,15 281.31 (9) Sections 30.50 to 30.80 and subch. II of ch. 350 are not affected or superseded by this section.

SB335, s. 35 Section 35. 341.055 of the statutes is amended to read:

SB335,14,18 341.055 Snowmobiles. Snowmobiles shall not be registered under this chapter but shall be registered under subch. I of ch. 350.

SB335, s. 36 Section 36. 345.11 (1m) of the statutes is amended to read:

SB335,15,2 345.11 (1m) The With respect to snowmobiles, the uniform traffic citation or the citation form under s. 23.54 shall be used for violations of ch. 350 relating to highway use or ordinances in conformity therewith when committed on the highway, but no points may be assessed against the driving record of the operator of a snowmobile. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

SB335, s. 37 Section 37. 345.11 (1r) of the statutes is amended to read:

SB335,15,10 345.11 (1r) The With respect to all-terrain vehicles, the uniform traffic citation or the citation form under s. 23.54 shall be used for violations of s. 23.33 relating to highway use or ordinances in conformity with that section if the violation is committed on a highway, but no points may be assessed against the driving record of the operator of an all-terrain vehicle. When the uniform traffic citation is used, the report of conviction shall be forwarded to the department. When the citation form under s. 23.54 is used, the procedure in ss. 23.50 to 23.85 applies.

SB335, s. 38 Section 38. 349.03 (1) (intro.) and (a) of the statutes are amended to read:

SB335,15,14 349.03 (1) (intro.) Chapters 341 to 348 and subch. I of ch. 350 shall be uniform in operation throughout the state. No local authority may enact or enforce any traffic regulation unless such regulation:

SB335,15,16 (a) Is not contrary to or inconsistent with chs. 341 to 348 and subch. I of ch. 350; or

SB335, s. 39 Section 39. 349.06 (1) (a) of the statutes is amended to read:

SB335,15,22 349.06 (1) (a) Except for the suspension or revocation of motor vehicle operator's licenses or except as provided in par. (b), any local authority may enact and enforce any traffic regulation which is in strict conformity with one or more provisions of chs. 341 to 348 and subch. I of ch. 350 for which the penalty for violation thereof is a forfeiture.

SB335, s. 40 Section 40. Chapter 350 (title) of the statutes is amended to read:

SB335,16,3 CHAPTER 350 SNOWMOBILES and intoxicated operation of sport recreational vehicles and commercial motorboats

SB335, s. 41 Section 41. Subchapter I (title) of chapter 350 [precedes 350.01] of the statutes is created to read:

SB335,16,6 CHAPTER 350

SB335,16,8 Subchapter I regulation of snowmobiles

SB335, s. 42 Section 42. 350.01 (intro.) of the statutes is amended to read:

SB335,16,10 350.01 Definitions. (intro.) In this chapter subchapter:

SB335, s. 43 Section 43. 350.01 (1g), (1h) and (1i) of the statutes are repealed.

SB335, s. 44 Section 44. 350.01 (2), (2d) and (3m) of the statutes are repealed.

SB335, s. 45 Section 45. 350.01 (9), (9c), (10g) and (10r) of the statutes are repealed.

SB335, s. 46 Section 46. 350.01 (16) of the statutes is amended to read:

SB335,16,17 350.01 (16) "Snowmobile route" means a highway or sidewalk designated for use by snowmobile operators by the governmental agency having jurisdiction as authorized under this chapter subchapter.

SB335, s. 47 Section 47. 350.01 (21) of the statutes is repealed.

SB335, s. 48 Section 48. 350.045 of the statutes is amended to read:

SB335,17,2 350.045 Public utility exemption. So that public utilities may effectively carry out their obligations to the public, the restrictions imposed by this chapter subchapter relating to use on, near or adjacent to highways shall not apply to snowmobiles operated to fulfill the corporate function of the public utility in those cases where safety does not require strict adherence to the regulations related to snowmobiles in general. However, snowmobiles operated by public utilities must be operated in a safe manner at all times.

SB335, s. 49 Section 49. 350.055 of the statutes is amended to read:

SB335,17,22 350.055 Safety certification program established. The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law operation of a sport recreational vehicle law, as defined in s. 350.50 (16), regulations, safety, and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. A person who is required to hold a valid snowmobile safety certificate may operate a snowmobile in this state if the person holds a valid snowmobile safety certificate issued by another state or province of the Dominion of Canada and if the course content of the program in such other state or province substantially meets that established by the department under this section.

SB335, s. 50 Section 50. 350.101 to 350.108 of the statutes are repealed.

SB335, s. 51 Section 51. 350.11 (1) of the statutes is amended to read:

SB335,18,3 350.11 (1) (a) Except as provided in par. (b) and subs. (2g), (2m), and (3), any person who violates any provision of this chapter subchapter shall forfeit not more than $250.

SB335,18,8 (b) Except as provided in subs. (2g), (2m), and (3), any person who violates any provision of this chapter subchapter and who, within the last 3 years prior to the conviction for the current violation, was 2 or more times previously convicted for violating the same provision of this chapter subchapter shall forfeit not more than $500.

SB335, s. 52 Section 52. 350.11 (3) of the statutes is repealed and recreated to read:

SB335,18,12 350.11 (3) (a) A person who violates s. 350.17 (2) (a) or (b) may be required to forfeit not less than $20 nor more than $40 for the first conviction and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

SB335,18,14 (b) A person who violates s. 350.17 (2) (c) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB335,18,17 (c) 1. Except as provided in subds. 2., 3., or 4., a person who violates s. 350.17 (2) (d) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,18,21 2. If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,18,24 3. If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,19,3 4. If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months.

Note: Current law provides that a snowmobile operator who refuses to stop after being requested or signaled to do so by a law enforcement officer must be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail. The violation and penalties are altered as described in Section 7 of the bill. See also Section 57.

SB335, s. 53 Section 53. 350.115 (1) (a) of the statutes is amended to read:

SB335,19,8 350.115 (1) (a) If a court imposes a forfeiture for a violation of a provision of this chapter subchapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution payment equal to the amount of the fee that was required and should have been obtained.

SB335, s. 54 Section 54. 350.12 (3) (b) and (4) (a) 4. of the statutes are amended to read:

SB335,19,18 350.12 (3) (b) Any person who is a resident of this state and the owner of a snowmobile which has a model year of 1966 or earlier may, upon application, register the snowmobile as an antique snowmobile. Upon payment of a fee of $20, the applicant shall be furnished a registration certificate and decals of a distinctive design, in lieu of the design on the decals issued under par. (d). The design shall show that the snowmobile is an antique. The registration shall be valid without payment of any additional registration fee while the snowmobile is owned by the applicant. Unless inconsistent with this paragraph, the provisions of this chapter subchapter applicable to other snowmobiles shall apply to antique snowmobiles.

SB335,20,6 (4) (a) 4. An amount necessary to pay the cost of law enforcement aids to counties as appropriated under s. 20.370 (5) (es). On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter subchapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter subchapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.

SB335, s. 55 Section 55. 350.12 (4) (b) 3. of the statutes is amended to read:

SB335,20,16 350.12 (4) (b) 3. Not more than $30,000 for a route signing program of aids to cities, villages, towns or counties of up to 100% of the cost of initial signing of snowmobile routes which connect authorized trails or which offer entrance to or exit from trails leading to such municipalities. Aid may be provided under this subdivision to cities, villages, towns and counties for up to 100% of the cost of placing signs developed under s. 350.108 350.66 (1) (b) which briefly explain the intoxicated snowmobiling operation of a sport recreational vehicle law along snowmobile routes. Applications and documentation shall be submitted to the department by April 15 of each year on forms prescribed by departmental rule.