Note: The criminal penalty in current law for violating s. 30.12 permit
requirements is the only criminal penalty in subch. II. This provision modifies the
criminal penalty so that it applies to repeat violations. The current civil penalty
(forfeiture) in s. 30.15 (1) (d), renumbered in this bill, continues to apply to any violations
of s. 30.12.
AB514, s. 254
14Section
254. 30.381 (5) of the statutes is created to read:
AB514,78,1915
30.381
(5) Wharves, piers, and swimming rafts. Any person who constructs or
16places a wharf, pier, or swimming raft in navigable waters in violation of s. 30.13
17shall forfeit not less than $100 nor more than $500 for each offense. Each day during
18which a wharf, pier, or swimming rafts exists in violation of s. 30.13 is a separate
19offense.
AB514, s. 255
20Section
255. 30.381 (6) (title) of the statutes is created to read:
AB514,78,2121
30.381
(6) (title)
Diversions of water; changing of stream courses.
AB514, s. 256
1Section
256. Subchapter IV (title) of chapter 30 [precedes 30.40] of the
2statutes is renumbered subchapter III (title) of chapter 30 [precedes 30.40].
AB514, s. 257
3Section
257. 30.50 (1b) of the statutes is created to read:
AB514,79,64
30.50
(1b) "Aids to navigation" means buoys, beacons, and other fixed objects
5in the water that are used to mark obstructions to navigation or to direct navigation
6through safe channels.
Note: This definition is moved here from current s. 30.74 (2) (b).
AB514, s. 258
7Section
258. 30.50 (2) of the statutes is renumbered 30.01 (1bm).
Note: The definition of "boat" or "vessel" is relocated to the definitions applicable
to the entire chapter.
AB514, s. 259
8Section
259. 30.50 (4q) of the statutes is amended to read:
AB514,79,139
30.50
(4q) "Lake sanitary district" means a town sanitary district that has
10within its boundaries at least 60% of the footage of shoreline of a public inland lake,
11as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation
12district is not in effect.
The footage of shoreline shall be measured by use of a map
13wheel on the U.S. geological survey 7 1/2 minute series map.
Note: The current statutes provide for the determination of shoreline footage in
s. 30.105. Section 30.105 is replicated in the 3 statutes where measurement of shoreline
footage is specified.
AB514, s. 260
14Section
260. 30.50 (4u) of the statutes is created to read:
AB514,79,1615
30.50
(4u) "Local governmental unit" means a city, village, town, county, town
16sanitary district, or public inland lake protection and rehabilitation district.
AB514, s. 261
17Section
261. 30.50 (9) of the statutes is amended to read:
AB514,79,2018
30.50
(9) "Owner" Except as provided in s. 30.605, "owner" means the person
19who has lawful possession of a boat by virtue of legal title or equitable interest
20therein which entitles the person to lawful possession.
AB514, s. 262
21Section
262. 30.50 (9b) of the statutes is created to read:
AB514,80,4
130.50
(9b) "Patrol boat" means a boat authorized by this state or by a local
2governmental unit for the purpose of law enforcement, search and rescue, fire
3fighting, emergency response, or water safety operations, including a water safety
4patrol unit.
Note: "Patrol boat" is defined here and used consistently in subch. V in statutes
related to the equipment and operation of such boats.
AB514, s. 263
5Section
263. 30.50 (10m) of the statutes is created to read:
AB514,80,96
30.50
(10m) "Regulatory marker" means any anchored or fixed marker in the
7water or anchored platform on the surface of the water, other than aids to navigation,
8and includes a swimming area marker, speed zone marker, information marker,
9mooring buoy, fishing buoy, and restricted activity area marker.
Note: This definition is moved here from current s. 30.74 (2) (b).
AB514, s. 264
10Section
264. 30.50 (13r) of the statutes is created to read:
AB514,80,1311
30.50
(13r) "Water skiing or a similar activity" means any activity in which a
12person is towed in the water behind or alongside of a boat, including barefoot skiing,
13aquaplaning, kneeboarding, or being towed on an inflatable device.
Note: This clarifies the use of the term "water skiing or a similar activity". The
list of activities after "including" is not meant to be exclusive. This definition is intended
to apply to other similar activities that are currently enjoyed on the water, or that may
be developed and introduced in the future.
AB514, s. 265
14Section
265. 30.5005 of the statutes is created to read:
AB514,80,18
1530.5005 Department duties and powers.
(1) Federal law. The department
16shall submit proposed legislation to the legislature in the manner provided under s.
1713.172 (2) in order to conform the requirements under ss. 30.50 to 30.71 with federal
18statutes and regulations.
Note: This provision directs the department to suggest new legislation to keep
statutory boat registration, equipment and operation requirements in conformity with
federal regulations. Current statutes specifically requiring conformity with federal
regulations [ss. 30.501 (8), 30.505, 30.61 (9), 30.62 (9) and 30.67 (2) (a)] are amended or
repealed. The special committee does not intend by this new procedure to withdraw the
statutory authority for any rules promulgated by the DNR that adopt federal statutes or
regulations, whether wholly or in part.
AB514,81,3
1(2) Rules; generally. The department may promulgate rules under this
2subchapter. Any reference to a provision of this subchapter includes any rule
3promulgated under that provision.
Note: The first sentence of sub. (2), above, restates the authority of the DNR to
promulgate rules. This bill eliminates various statutes that grant permissive
rule-making authority in subch. V. The 2nd sentence in sub. (2), above, eliminates the
need for several instances of the phrase in the form, "this section, or rules promulgated
under this section", and applies that principle to all rules promulgated under subch. V.
In addition, it should be noted that DNR has emergency rule-making authority under s.
227.24.
AB514, s. 266
4Section
266. 30.501 (8) of the statutes is repealed.
Note: Current s. 30.501 (8) authorizes the DNR to promulgate rules regarding
boat capacity plates, and requires the rules to conform with appropriate federal
regulations. This provision is repealed for several reasons. First, the authorization to
promulgate regulations is stated generally for all of subch. V in new s. 30.5005 (1) (b).
Second, it is not necessary to state that the rules must comply with federal regulations.
Third, if there is an issue regarding the consistency of statutes with federal regulations,
that is a matter for the legislature, and not for DNR rules.
AB514, s. 267
5Section
267. 30.501 (9) of the statutes is amended to read:
AB514,81,96
30.501
(9) This section applies to vessels manufactured
after January 1, 1966
7and prior to November 1, 1972. All vessels manufactured
on or after November 1,
81972, shall comply with appropriate federal regulations and the capacity
9information shall be displayed as required.
Note: Section 30.501 relates to capacity plates on boats. This amendment makes
the statute applicable to all boats manufactured prior to November 1, 1972.
AB514, s. 268
10Section
268. 30.505 of the statutes is amended to read:
AB514,82,2
1130.505 Certificate of number system to conform to federal system. The
12certificate of number system and the issuance of identification numbers employed
13by the department shall be in conformity with the overall system of identification
14numbering for boats established by the
U.S. federal government.
The department
15shall promulgate rules as are necessary to bring the state certificate of number
1system and the issuance of identification numbers into conformity with this federal
2system.
Note: The rationale for this amendment is the same as that stated in the note
describing the repeal of s. 30.501 (8).
AB514, s. 269
3Section
269. 30.52 (1) (b) 1r. of the statutes is amended to read:
AB514,82,74
30.52
(1) (b) 1r.
A When a person
applying applies for registration of a federally
5documented vessel
, the department shall
submit as part of the application a
6photocopy of the front and back of verify that the federal certificate of documentation
7for the vessel
, which must be is current at the time of applying for registration.
Note: Information on federally documented vessels is available on the U.S. Coast
Guard web site, and the DNR may verify the federal documentation by that means. The
DNR may also request a photocopy of the federal registration.
AB514, s. 270
8Section
270. 30.537 (4) (e) of the statutes is repealed.
Note: This provision requires a person who receives notice from the DNR under
s. 30.571 regarding perfection of a security interest on a boat titled in another state to pay
a $2 fee to the DNR. The DNR does not have an effective means to collect this fee and
does not currently collect it, and it is therefore repealed.
AB514, s. 271
9Section
271. 30.54 (2) of the statutes is amended to read:
AB514,82,1410
30.54
(2) If a person applies for a replacement certificate under sub. (1),
11conservation wardens or local law enforcement officials, after presenting
12appropriate credentials to the owner or legal representative of the owner named in
13the certificate of title,
shall may inspect the boat's engine serial number or hull
14identification number, for purposes of verification or enforcement.
Note: This provision relates to replacement certificates of title. This provision
requires a conservation warden or local law enforcement official to inspect the hull
number of engine number of a boat in order to verify it in connection with replacement
of the certificate of title by the DNR. This inspection is not consistently performed, and
this bill makes the inspection optional.
AB514, s. 272
15Section
272. 30.571 of the statutes is amended to read:
AB514,83,5
1630.571 Notification of person who has perfected security interest. If the
17department receives information from another state that a boat that is titled in this
1state is being titled in the other state and the information does not show that a
2perfected security interest, as shown by the records of the department, has been
3satisfied, the department shall notify the person who has perfected the security
4interest.
The person shall pay the department the fee under s. 30.537 (4) (e) for each
5notification.
Note: The fee referenced in this provision is eliminated by this bill.
Note: Current s. 30.60 creates a motorboat classification system based on boat
length. These classifications are only used in 3 places in the current statutes: ss. 30.61
(2) and (3) and 30.69 (1) (a). Rather than use this classification system, those statutes
are amended to substitute reference to the length of the motorboat.
AB514, s. 274
7Section
274. 30.605 of the statutes is created to read:
AB514,83,9
830.605 Owner; definition. In ss. 30.61 to 30.71, "owner" means any of the
9following:
AB514,83,10
10(1) An owner, as defined in s. 30.50 (9).
AB514,83,11
11(2) A lessee of a boat.
Note: "Lessee" is added to the definition of owner to assure that the statutes apply
to those who may lease a boat on a long-term basis. Section 30.50 (9) defines "owner" to
include a person who has an equitable interest in a boat, but that term does not
necessarily describe a lease and, in any case, that definition is meant to apply primarily
to boat titling and registration statutes. "Lessee" does not include short-term rental of
boats, such as on a daily or weekly basis.
AB514, s. 275
12Section
275. 30.61 (1), (2) (intro.), (3) (intro.), (4), (6) (b), (7) and (8) of the
13statutes are amended to read:
AB514,83,1714
30.61
(1) When lights required; prohibited lights. (a) No person
shall may 15operate any motorboat at any time from sunset to sunrise unless
such the motorboat
16carries the lighting equipment required by this section and unless
such the lighting 17equipment is lighted when and as required by this section.
AB514,84,3
1(b) No owner
shall may give
a person permission
for the operation of to operate 2a motorboat at any time from sunset to sunrise unless
such the motorboat
is equipped
3as carries the lighting equipment required by this section.
AB514,84,64
(c) No person
shall may exhibit
from or on any motorboat when under way at
5any time from sunset to sunrise any light which may be mistaken for those required
6by this section.
AB514,84,9
7(2) Lights for motorboats of classes a and 1 less than 26 feet long
. (intro.)
8All motorboats
of classes A and 1 less than 26 feet long when under way at any time
9from sunset to sunrise shall carry and have lighted the following lamps:
AB514,84,12
10(3) Lights for motorboats of classes 2 and 3 26 or more feet long. (intro.) All
11motorboats
of classes 2 and 3 26 or more feet long when under way at any time from
12sunset to sunrise shall carry and have lighted the following lamps:
AB514,84,19
13(4) Sailboats with motors. Sailboats A sailboat equipped with
motors a motor 14and being propelled in whole or in part by
such the motor
must shall comply with sub.
15(2) or (3),
whichever is as applicable. Whenever
such a sailboat is being propelled
16entirely by sail at any time from sunset to sunrise, it shall have lighted the lamps
17showing the colored lights specified in sub. (2) or (3), but not the lamps showing the
18white lights, and shall carry ready at hand a lantern or flashlight showing a white
19light which shall be exhibited in sufficient time to avert collision.
AB514,84,21
20(6) (b)
This subsection does not require any light to be shone from A duck
blinds 21blind constructed on emergent vegetation
is not required to be lighted.
AB514,85,3
22(7) Performance Design specifications for lamps. Every white light
23prescribed required by this section shall be
of such character as designed to be visible
24at a distance of at least 2 miles on a dark night with clear atmosphere. Every colored
25light
prescribed required by this section shall be
of such character as designed to be
1visible at a distance of at least one mile on a dark night with clear atmosphere.
The
2owner of a motorboat that is required to carry lighting equipment under this section
3shall maintain the equipment so that the equipment functions as designed.
Note: The current statute requires lights to be "of such character" as to be "visible".
This language establishes a design standard for the lights, and the requirement is revised
and clarified accordingly. A requirement to maintain the lights is added.
AB514,85,8
4(8) Optional lighting requirements. Any boat may carry and exhibit the lights
5required by the
federal international regulations for preventing collisions at sea
,
61948, federal act of October 11, 1951, (33 USC 143-147d) as amended, as
7implemented by 33 CFR part 81 and interpreted by 33 CFR part 82 in lieu of the
8lights required by subs. (2) and (3).
AB514, s. 276
9Section
276. 30.61 (9) of the statutes is repealed.
Note: The current statute requires DNR to promulgate rules to keep the lighting
requirement consistent with federal law. This provision is replaced by a directive in new
s. 30.5005 for the DNR to propose statutory amendments to keep statutory registration,
equipment and operation requirements in conformity with federal regulations.
AB514, s. 277
10Section
277. 30.61 (10) of the statutes is renumbered 30.68 (13) and amended
11to read:
AB514,85,1412
30.68
(13) Operation
Nighttime operation of personal watercraft. (a)
13Notwithstanding subs. (1), (2), (8) and (9), no No person may operate a personal
14watercraft at any time from sunset to sunrise.
AB514,85,1715
(b) If a person operates a personal watercraft in violation of par. (a), the
16operation shall be subject to additional penalties for any failure to comply with the
17applicable lighting requirements under
subs. s. 30.61 (1), (2),
and (8)
and (9).
AB514, s. 278
18Section
278. 30.62 (title), (1) and (2) (b) of the statutes are amended to read:
AB514,86,2
1930.62 (title)
Other equipment
Equipment other than lighting. (1)
When
20equipment required. No person
shall may operate any boat on the waters of this
1state unless
such the boat is equipped as required by this section
and the rules of the
2department promulgated under this section.
AB514,86,9
3(1m) Rental boats. No owner of a boat
shall may rent
such a boat to any other
4person for use
upon on the waters of this state unless
such the boat is equipped at
5the time of rental as required by this section
and the rules of the department
6promulgated under this section. If such. If the boat is properly equipped at the time
7of rental for conditions then existing, the responsibility of the owner under this
8section is met, notwithstanding a subsequent change in the number of passengers
9or a change in time from daylight to dark.
Note: The provision regarding rules of the department is repealed and replaced
by a general provision in new s. 30.5005 as created by this bill. That provision states that
any reference to statutory requirements includes additional requirements promulgated
by the DNR by rule pursuant to that statutory requirement.
AB514,86,12
10(2) (b)
Maximum noise levels for operation. No person may operate a motorboat
11powered by an engine
on the waters of this state in such a manner as to exceed a noise
12level of 86 measured on an "A" weighted decibel scale.
AB514, s. 279
13Section
279. 30.62 (2) (c) of the statutes is renumbered 30.62 (2) (c) 1. and
14amended to read:
AB514,86,1815
30.62
(2) (c) 1. No person may sell, resell
, or offer for sale any motorboat for use
16on the waters of the state if the motorboat has been so modified that it cannot be
17operated
in such a manner that it will comply with the noise level requirements
18under in compliance with par. (b).
AB514, s. 280
19Section
280. 30.62 (2) (c) 2. of the statutes is created to read:
AB514,86,2320
30.62
(2) (c) 2. No person engaged in the business of selling motorboats at retail
21within this state may sell a motorboat for use on the waters of this state in the
22ordinary course of that person's business if the motorboat cannot be operated in
23compliance with par. (b).
Note: Current s. 30.62 (2) (d) prohibits the manufacture and sale of a motorboat
for use in this state if it does not comply with maximum noise levels. That statute does
not prohibit offering for sale a motorboat that does not meet maximum noise level
standards if the boat is not manufactured in this state. This new provision prohibits the
retail sale of a motorboat for use on the waters of this state if the motorboat does not meet
noise level requirements.
AB514, s. 281
1Section
281. 30.62 (2) (d) 1. of the statutes is renumbered 30.62 (2) (d) and
2amended to read:
AB514,87,63
30.62
(2) (d)
Maximum noise level for manufacture. No person may
4manufacture
and or offer for sale any motorboat for use on the waters of this state
5if the motorboat cannot be operated
in such a manner so as to comply with the noise
6level requirements under in compliance with par. (b).
AB514, s. 282
7Section
282. 30.62 (2) (d) 2. of the statutes is renumbered 30.62 (2) (dm) and
8amended to read:
AB514,87,129
30.62
(2) (dm)
Testing procedures. The department may promulgate rules
10establishing testing procedures to determine noise levels for the enforcement of this
11section.
The department may revise these rules as necessary to adjust to advances
12in technology.
AB514, s. 283
13Section
283. 30.62 (2) (d) 3. of the statutes is repealed.