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270. 30.537 (4) (e) of the statutes is repealed.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does not currently collect it, and it is therefore repealed.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.
AB514, s. 284
14Section
284. 30.62 (2) (f) of the statutes is repealed.
Note: This provision requires local ordinances to be identical to this statute. This
requirement is imposed by s. 30.77 and is unnecessary here.
AB514, s. 285
15Section
285. 30.62 (2) (g) 1. to 3. of the statutes are amended to read:
AB514,87,1916
30.62
(2) (g) 1. A motorboat while competing in a
water exhibition or race
17conducted under a permit from a
town, village or city
local governmental unit that
18enacts an ordinance under s. 30.77 or from an authorized agency of the federal
19government.
Note: This provision is expanded by use of "local governmental unit" to include
counties, town sanitary districts, and lake districts. The reference to a local
governmental unit "that enacts an ordinance under s. 30.77" is meant to require that the
local governmental unit have some degree of commitment to local regulation of boating.
However, this provision does not require the local governmental unit to enact an
ordinance related to motor boat racing or speed records. The local governmental unit may
simply issue the permit. "Water exhibition" is added to make this provision consistent
with s. 30.742 and rules promulgated by the DNR under s. NR 5.19, Wis. Adm. Code.
AB514,88,41
2. A motorboat designed and intended solely for racing, while the
boat 2motorboat is operated incidentally to the testing or tuning up of the motorboat and
3engine for the
water exhibition or race in an area designated by and operated under
4a permit specified under subd. 1.
AB514,88,75
3. A motorboat on an official trial for a speed record if conducted under a permit
6from a
town, village or city local governmental unit that enacts an ordinance under
7s. 30.77.
AB514, s. 286
8Section
286. 30.62 (2) (i) of the statutes is repealed.
Note: The repealed provision exempts governmental agents from the noise limits
when on official duties. This provision is repealed and replaced by a general statute
applicable to all statutes and local regulations related to police, rescue, fire fighting, and
other similar official boat users. See s. 30.64 (1).
AB514, s. 287
9Section
287. 30.62 (2m) and (3) (a) of the statutes are amended to read:
AB514,88,1410
30.62
(2m) Overpowering. No person may sell, equip
, or operate, and no owner
11of a
boat motorboat may allow a person to operate, a
boat motorboat with any
motor
12or other propulsion machinery beyond its safe power capacity, taking into
13consideration the type and construction of
such watercraft and other existing
14operating conditions the motorboat.
Note: The definition of "motorboat" in s. 30.50 (6) is "any boat equipped with
propulsion machinery, whether or not the machinery is the principle source of
propulsion". This provision refers to a boat with a motor or propulsion machinery, which
is by definition a motorboat. This provision is redrafted accordingly. The reference to
"other existing operating conditions" is deleted on the grounds that safe power capacity
is determined by the size and design of the motorboat and not by operating conditions.
AB514,89,2
15(3) (a) Every boat, except a sailboard and except as provided in
par. pars. (b)
16and (c), shall carry at least one personal flotation device prescribed by
federal
1regulations 33 CFR part 175 for each person on board or being attended by the boat,
2so placed as to be readily accessible and available to the persons.
AB514, s. 288
3Section
288. 30.62 (3) (c) of the statutes is created to read:
AB514,89,64
30.62
(3) (c) 1. In this paragraph, "racing vessel" means a manually propelled
5racing shell, rowing scull, racing canoe, or racing kayak of the type that is recognized
6by a national or international racing association for use in competitive racing.
AB514,89,107
2. Paragraph (a) does not apply to a racing vessel if all of the vessel's occupants,
8other than a coxswain, row, scull, or paddle the vessel and if the vessel is not designed
9to carry and does not carry any equipment other than equipment used solely for
10competitive racing.
Note: This provision duplicates the exemptions in current federal rules, 33 CFR
s. 175.17.
AB514, s. 289
11Section
289. 30.62 (4) (a) of the statutes is amended to read:
AB514,89,1812
30.62
(4) (a) Every motorboat
, except outboards of open construction, shall be
13provided with
such number, size and type of fire extinguishers,
capable of promptly
14and effectively extinguishing burning gasoline, as prescribed by rules of the
15department.
Such The fire extinguishers shall be
at all times kept in condition for
16immediate and effective use and shall be
so placed as to be readily accessible.
"Open
17construction" means construction which will not permit the entrapment of explosive
18or flammable gases or vapors.
AB514, s. 290
19Section
290. 30.62 (4) (b) of the statutes is renumbered 30.62 (4) (b) (intro.)
20and amended to read:
AB514,89,2121
30.62
(4) (b) (intro.) This subsection does not apply to
a any of the following:
AB514,90,2
221. A motorboat while competing in a race conducted pursuant to a permit from
23a
town, village or city local governmental unit that enacts an ordinance under s.
130.77 or from an authorized agency of the
U.S. federal government
, nor does it apply
2to a .
AB514,90,5
32. A boat designed and intended solely for racing, while the boat is operated
4incidentally to the tuning up of the boat and engine for the race at the race location
5on the day of the race.
AB514, s. 291
6Section
291. 30.62 (4) (b) 3. of the statutes is created to read:
AB514,90,97
30.62
(4) (b) 3. A motorboat that is equipped with an outboard motor and that
8is constructed in a manner that does not permit explosive or flammable gases or
9vapors to become entrapped in the motorboat.
AB514, s. 292
10Section
292. 30.62 (5) of the statutes is amended to read:
AB514,90,1511
30.62
(5) Backfire flame arresters. Every
boat motorboat equipped with an
12inboard motor using gasoline as a fuel shall have the carburetors of
every each 13inboard gasoline motor fitted with an
efficient effective device for arresting backfire
14flames. The device shall
meet the specifications prescribed by comply with federal
15regulations.
AB514, s. 293
16Section
293. 30.62 (6) of the statutes is renumbered 30.62 (6) (a) and amended
17to read:
AB514,90,2118
30.62
(6) (a)
Every boat, except open boats, Except as provided in par. (b), every
19motorboat using
as fuel any liquid of a volatile
nature, liquid fuel shall be provided
20with an
efficient natural or mechanical effective ventilation system
which that is
21capable of removing
resulting inflammable flammable or explosive gases.
AB514, s. 294
22Section
294. 30.62 (6) (b) of the statutes is created to read:
AB514,90,2523
30.62
(6) (b) Paragraph (a) does not apply to a motorboat that is constructed
24in a manner that does not permit explosive or flammable gases or vapors to become
25entrapped in the motorboat.
AB514, s. 295
1Section
295. 30.62 (8) of the statutes is amended to read:
AB514,91,72
30.62
(8) Battery cover
. Every motorboat If a boat is equipped with
storage
3batteries a battery as part of the boat's electrical system, the battery shall be
4provided with suitable supports and secured against shifting with the motion of the
5boat.
Such storage batteries Both battery terminals shall be
equipped with a
6nonconductive shielding means covered to prevent accidental shorting of battery
7terminals.
Note: Several changes are proposed for the provision on batteries. The current
statute applies only to motorboats. If a nonmotorized boat uses a battery to power an
electrical system, there does not appear to be a reason why the nonmotorized boat should
not require securing and covering the battery. The current reference to "storage
batteries" is replaced by a reference to a battery that is part of the boat's electrical system.
This will exclude from this requirement any other equipment such as depth finders,
navigation lights or global positioning system units that are typically operated by dry cell
batteries or by small, separate 12 volt lead-acid batteries.
AB514, s. 296
8Section
296. 30.62 (9) of the statutes is repealed.
Note: The current statute requires DNR to promulgate rules to conform state
requirement regulations with federal law. This provision is replaced by a general
directive in new s. 30.5005 for the DNR to propose statutory amendments, registration,
operation and equipment standards in conformity with federal regulations.
AB514, s. 297
9Section
297. 30.625 (1) (intro.) and (2) of the statutes are amended to read: