AB514: Bill Text

AB514,99,6 (2) Negligent operation. No person may operate or use any boat, or manipulate any water skis, aquaplane engage in water skiing or a similar device upon activity on the waters of this state in a careless, negligent, or reckless manner so as to endanger that person's life, property or person or the life, or property or of any person of another.

Note: "Manipulate" is replaced by "engage in" with no intention of making any change. "Water skiing or a similar activity" is defined in s. 30.50 by this bill. The last phrase of this provision is simplified to refer to "the life or property of any person". The reference to the "life" of a person refers to risks of both injury and death. The reference to "any person" simplifies the language while continuing to refer to the person operating or using a boat, water skis, or other device, any person on board the boat, as well as any other person.

AB514, s. 313 Section 313. 30.68 (3) (a) of the statutes is renumbered 30.68 (3) and amended to read:

AB514,99,12 30.68 (3) Operation by incapacitated person or minor. No person in charge or control of a boat shall may authorize or knowingly permit the boat to be operated by any person who by reason of physical or mental disability incapacity is incapable of operating such the boat under the prevailing circumstances.

Note: This subsection is split into 2 subsections (see sub. (3m), below). Subsection (3) applies only to persons lacking the capability of operating a boat. This provision currently refers to physical or mental disability, but the title uses the word "incapacitated". The title suggests that this provision is meant to be broader than a narrow concept of physical or mental disability. This bill substitutes "incapacity" for "disability". Incapacity is broader than "physical or mental disability", as it could include any condition that has a bearing on the ability to operate a boat, such as physical strength or fatigue. The last phrase, "under the prevailing circumstances", makes it clear that the capacity to operate a boat under some conditions (e.g., in a sheltered bay) may not indicate a capacity to operate the boat under other conditions (e.g., on a wind-swept lake).

AB514, s. 314 Section 314. 30.68 (3) (b) to (d) of the statutes are renumbered 30.68 (3m) (a) to (c), and 30.68 (3m) (a) and (c), as renumbered, are amended to read:

AB514,99,16 30.68 (3m) (a) No person under the age of 10 years may operate a motorboat. Persons at least 10 and less than 12 years of age may operate a motorboat only if they are either accompanied in the boat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Persons at least 12 and less than 16 years of age may operate a motor of any horsepower motorboat, but only if they are either accompanied by a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or in possession of a certificate issued under s. 30.74 (1). This paragraph does not apply to personal watercraft.

Note: The reference to a motor of any horsepower is deleted because none of the other provisions related to age of a motorboat operator related to horse power.

AB514,100,9 (c) A violation of par. (a) or (b) or (c) done with the knowledge of a parent or guardian shall may also be deemed a violation by the parent or guardian, and punishable under s. 30.80.

Note: "Shall" is replaced by "may" to provide discretion in citing a parent or guardian under the particular circumstances. "Also" is added so that the violation of requirements related to operation, leasing or rental of a motorboat or personal watercraft by a minor applies both to the minor and to the parent or guardian who knew of the violation. The current statute could be interpreted to mean that only the parent or guardian who knew of the violation is deemed to be in violation of the statute. The reference to the punishment under s. 30.80 is eliminated as unnecessary.

AB514, s. 315 Section 315. 30.68 (3m) (title) of the statutes is created to read:

AB514,100,11 30.68 (3m) (title) Operation of motorboats by minors.

AB514, s. 316 Section 316. 30.68 (4) (a) of the statutes is renumbered 30.68 (4) and amended to read:

AB514,100,16 30.68 (4) Creating hazardous wake or wash. No person shall may operate a motorboat so as to approach or pass near another boat in such a manner as to create that creates a hazardous wake or wash.

Note: The phrase regarding approaching or passing another boat is eliminated to make this provision broader. There does not appear to be a reason to limit it to these conditions of boat operation. Eliminating this phrase applies this regulation to all methods of motorboat operation, including operation in a circular course.

AB514, s. 317 Section 317. 30.68 (4) (b) of the statutes is repealed.

Note: Current s. 30.68 (4) (b) creates a standard of strict liability for damage caused by the wake or wash from a motorboat. A defense is provided if the negligence of the other person was the primary cause of the damage. This statute relates to private remedies and not to DNR enforcement. The special committee determined that such damage should be subject to a standard of ordinary negligence, and thus recommends repeal of this provision.

AB514, s. 318 Section 318. 30.68 (4m) (title) and (5) of the statutes are amended to read:

AB514,101,2 30.68 (4m) (title) Facing Personal watercraft; facing backwards.

AB514,101,6 (5) Operating in circular circuitous course. No person may operate a motorboat repeatedly in a circuitous course around any other boat, or around any person who is swimming, if such the circuitous course is within 200 feet of such the boat or swimmer; nor shall any.

AB514,101,10 (5g) Operation near skin diver or swimmer. No person may operate a boat or water skier operate or approach and no person may engage in water skiing or a similar activity closer than 100 feet to any skin diver's flag or any swimmer unless the one of the following applies:

AB514,101,11 (a) The person is operating a boat that is part of the a skin diving operation or.

AB514,101,13 (b) The person is operating a boat that is accompanying the a swimmer, or unless physical conditions make compliance impossible.

AB514, s. 319 Section 319. 30.68 (5g) (c) of the statutes is created to read:

AB514,101,17 30.68 (5g) (c) There is insufficient room for the person to operate the boat 100 or more feet from the skin diver's flag or the swimmer and the boat is not being operated in excess of slow-no-wake speed.

Note: The current statute prohibits operation of a boat or use of water skis or similar devices within 100 feet of a skin diver's flag or a swimmer. An exception is provided for boats that are part of a skin diving operation or that are accompanying a swimmer. A further exception applies if "physical conditions" make compliance impossible. Presumably, this latter exception applies to narrow areas on a body of water (e.g., channels or rivers) or when swimming or skin diving occurs near a boat landing. The language of the current statute is clarified to better describe the latter exception with a reference to the available room to navigate. Further, in the latter exception, a requirement to operate at slow-no-wake speed is imposed for boats operating within 100 feet of a skin diver's flag or a swimmer pursuant to this exception. It should be noted that s. 30.70 prohibits diving in established traffic lanes.

AB514, s. 320 Section 320. 30.68 (5m) of the statutes is renumbered 30.66 (5) and amended to read:

AB514,102,5 30.66 (5) Towing Slow-no-wake; towing by a personal watercraft. A person may use a personal watercraft to tow a stranded or disabled boat if , during towing, the speed of the personal watercraft does not exceed slow-no-wake.

AB514, s. 321 Section 321. 30.68 (6) of the statutes is amended to read:

AB514,102,14 30.68 (6) Riding on decks and gunwales. No person operating a motorboat may ride or sit, or may allow any other person in the motorboat to ride or sit, on the gunwales, on tops of seat backs or sides, or on the decking over the bow of the boat in an unsafe manner while under way, unless such the person is inboard of guards or railings provided on the boat to prevent persons from being lost overboard. Nothing in this section subsection shall be construed to prohibit entry upon the decking over the bow of the boat for the purpose of anchoring, mooring , or casting off or other necessary purpose.

AB514, s. 322 Section 322. 30.68 (7) (title) of the statutes is amended to read:

AB514,102,16 30.68 (7) (title) Restricted Swimming areas and regulatory markers.

AB514, s. 323 Section 323. 30.68 (7) of the statutes is renumbered 30.68 (7) (a) and amended to read:

AB514,102,21 30.68 (7) (a) No person shall may operate a boat within a water any area which that has been clearly marked by regulatory markers or buoys or some other distinguishing device as a bathing or swimming area; nor.

AB514,102,24 (b) No person may operate a boat in restricted use areas contrary to regulatory notice pursuant to s. 30.74 (2). This subsection does not apply in the case of an emergency, or to patrol or rescue craft markers.

Note: The deletion of "restricted use areas" clarifies that this provision applies to all regulatory markers, whether or not the regulatory marker designates a restricted use area. See s. 30.68 (14) for the general exception for patrol boats.

AB514, s. 324 Section 324. 30.68 (8) and (8m) (a) of the statutes are amended to read:

AB514,103,6 30.68 (8) Anchoring in traffic lanes. No person may anchor, place, affix, or abandon any unattended boat, raft, float, or similar structure in the traveled portion of any river or channel or in any traffic lane established and legally marked designated by aids to navigation, so as to prevent, impede or interfere with the safe passage of any other boat through the same.

AB514,103,8 (8m) (a) No person may use a mooring or attach a boat to a mooring buoy if the mooring or mooring buoy violates s. 30.772 or 30.773.

Note: "Attach a boat to a mooring buoy" duplicates the prohibition on use of a mooring. "Mooring" is defined in s. 30.01 (3e), when used as a noun, to mean "a mooring anchor and mooring buoy together with attached chains, cables, ropes and pennants and related equipment, unless the term is qualified or restricted".

AB514, s. 325 Section 325. 30.68 (8m) (c) of the statutes is created to read:

AB514,103,11 30.68 (8m) (c) No person may attach a boat to any aid to navigation or regulatory marker, except to mooring buoys.

Note: The prohibition in new sub. (8m) (c) is moved to this location from s. 30.68 (12).

AB514, s. 326 Section 326. 30.68 (9) and (11) of the statutes are amended to read:

AB514,103,16 30.68 (9) Overloading. No person may operate, and no owner of a boat may allow a person to operate, a boat that is loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other account existing operating conditions.

AB514,104,2 (11) Unnecessarily sounding whistles horns; use of flashing lights. No person shall may unnecessarily sound a horn, whistle or other sound-producing device on any boat while at anchor or under way on the water. The use of a siren or a light that resembles an emergency light specified under sub. (14) (a) on any boat except duly authorized a patrol boats on patrol or rescue boat that is on duty is prohibited.

Note: "At anchor or underway" is replaced by "on the water" to make this prohibition broader. For example, the broader language would prohibit unnecessary sounding of a horn while a boat is tied to a dock. "Emergency light" is added to the prohibition on use of a siren.

AB514, s. 327 Section 327. 30.68 (12) of the statutes is repealed.

Note: The prohibition on mooring or fastening a boat to aids to navigation or regulatory markers is deleted here and recreated in s. 30.68 (8m) (c), above.

AB514, s. 328 Section 328. 30.68 (14) (title) of the statutes is created to read:

AB514,104,5 30.68 (14) (title) Patrol boats.

AB514, s. 329 Section 329. 30.69 (title) of the statutes is amended to read:

AB514,104,7 30.69 (title) Water skiing and similar activities.

AB514, s. 330 Section 330. 30.69 (1) (title) of the statutes is amended to read:

AB514,104,9 30.69 (1) (title) Prohibited at certain times Prohibitions; exceptions.

AB514, s. 331 Section 331. 30.69 (1) (a) of the statutes is renumbered 30.69 (1) (a) (intro.) and amended to read:

AB514,104,13 30.69 (1) (a) (intro.) Except as provided in par. (b), no No person may operate do any of the following:

AB514,105,2 1. Operate a motorboat towing a person on engaged in water skis, aquaplane or skiing or a similar device activity unless there is in the boat a competent person in addition to the operator in a position to observe the progress of the person being towed. An observer shall be considered competent if that person who is in a position to observe, and can in fact observe, the person being towed and relay any signals to the operator. This observer requirement does not apply to motorboats classified as Class A motorboats by the department actually operated by the persons being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. No person may engage

AB514,105,7 2. Engage in water skiing, aquaplaning or a similar activity, or operate a motorboat towing a person engaged in water skiing or a similar activity, at any time from sunset to sunrise. This restriction of the hours of water skiing does not prevent restrictions of the hours of water skiing between sunrise and sunset by local ordinances enacted pursuant to s. 30.77 (3).

Note: The reference to local ordinances is eliminated, and all provisions related to local ordinances will be consolidated in s. 30.77. It is proposed to expand this prohibition to apply to the motorboat operator as well as to the person engaged in water skiing or a similar activity.

AB514, s. 332 Section 332. 30.69 (1) (b) of the statutes is renumbered 30.69 (1) (b) (intro.) and amended to read:

AB514,105,11 30.69 (1) (b) (intro.) Paragraph (a) 1. does not apply to duly authorized water any of the following:

AB514,105,14 1. Water ski tournaments, competitions, exhibitions or trials therefor, where adequate lighting is provided, or practice sessions that are authorized by a permit from a local governmental unit that enacts an ordinance under s. 30.77.

Note: The reference to "duly authorized" water ski tournaments and other activities is unclear. A specific reference to authorization by means of a permit from a local governmental unit that adopts ordinances under s. 30.77 is substituted for that phrase.

"Practice sessions" is substituted for "trials". The meaning of "trials" is not clear, although one sense of that word is a preliminary competition. The special committee believes that the exemption from the observer requirement is widely understood to apply to all activities related to organized water ski activities, including practice sessions, and that the broader exemption from the observer requirement is appropriate, so the statute is redrafted accordingly.

Current s. 30.69 (1) (a) commences with "Except as provided in par. (b)". That provision is recreated above in s. 30.69 (1) (c), with the omission of the reference to the provision of adequate lighting. It appears to be the intent of the current statute that the observer requirement does not apply to water ski tournaments, competitions, exhibitions or practice sessions under any circumstances.

AB514, s. 333 Section 333. 30.69 (1) (b) 2. of the statutes is created to read:

AB514,106,3 30.69 (1) (b) 2. Motorboats less than 16 feet long that are operated by the person being towed and that are so constructed as to be incapable of carrying the operator in or on the motorboat.

AB514, s. 334 Section 334. 30.69 (1) (bm) of the statutes is created to read:

AB514,106,8 30.69 (1) (bm) Paragraph (a) 2. does not apply to water ski tournaments, competitions, exhibitions, or practice sessions that are conducted under a permit from a local governmental unit that enacts an ordinance under s. 30.77 and for which adequate lighting is provided.

AB514, s. 335 Section 335. 30.69 (1) (c) of the statutes is renumbered 30.69 (1) (b) 3. and amended to read:

AB514,106,14 30.69 (1) (b) 3. In addition to complying with par. (a), no person may operate a A personal watercraft that is towing a person who is on engaged in water skis, an aquaplane skiing or a similar device activity unless the personal watercraft is designed to seat at least 3 persons.

AB514, s. 336 Section 336. 30.69 (2) of the statutes is amended to read:

AB514,106,20 30.69 (2) Careful and prudent operation. A person operating a motorboat having in tow a person on water skis, aquaplane or engaged in water skiing or a similar device activity shall operate such boat the motorboat in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.

AB514, s. 337 Section 337. 30.69 (3) of the statutes is amended to read:

AB514,106,25 30.69 (3) Restrictions. (a) No person operating a motorboat that is towing persons a person engaged in water skiing, aquaplaning or a similar activity may operate the motorboat within 100 feet of any occupied, anchored boat, any personal watercraft, or any marked swimming area or public boat landing.

AB514,107,3 (b) No person who is engaged in water skiing, aquaplaning or a similar activity may get come within 100 feet of a personal watercraft or allow the tow rope while in use to get come within 100 feet of a personal watercraft.

AB514,107,5 (c) 1. A motorboat towing a person who is engaged in water skiing , aquaplaning or a similar activity.

AB514,107,7 2. The tow rope of a motorboat towing a person who is engaged in water skiing, aquaplaning or a similar activity.

AB514,107,8 3. A person who is engaged in water skiing, aquaplaning or a similar activity.

AB514,107,11 (d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are marked with regulatory markers and that are open to operators of personal watercraft and to persons and motorboats engaged in water skiing or a similar activity.

AB514, s. 338 Section 338. 30.69 (4) of the statutes is amended to read:

AB514,107,19 30.69 (4) Intoxicated operation. No person may use engage in water skis, an aquaplane skiing or a similar device activity while under the influence of an intoxicant to a degree which renders him or her incapable of safely using engaging in water skis, an aquaplane skiing or a similar device activity, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely using engaging in water skis, an aquaplane skiing or a similar device activity.

AB514, s. 339 Section 339. 30.70 of the statutes is renumbered 30.70 (1) and amended to read:

AB514,108,3 30.70 (1) No person may engage in underwater diving or swimming with the use of swimming fins or skin diving in waters other than marked swimming areas or within 150 feet of the shoreline, and no unless the location of the swimming or diving is marked by a diver's flag. No person may engage in underwater diving or swimming with the use of self-contained any underwater breathing apparatus in waters other than marked swimming areas, unless the location of such the diving or swimming is distinctly marked by a diver's flag, not less than.

Note: "Underwater diving" is eliminated and "skin diving" is retained. Skin diving appears to be a clear reference to all types of diving that do not involve the use of an underwater breathing apparatus.

AB514,108,11 (2) A diver's flag under sub. (1) shall consist of a flag that is 12 inches high and 15 inches long, displaying and displays one diagonal white stripe 3 inches wide on a red background, and. The diver's flag shall be of a height above the water so as to be clearly apparent at a distance of 100 yards under normal conditions, and so designed and displayed as to be visible from any point on the horizon. Except in case of emergency, anyone no person engaging in such diving or swimming shall not that requires a diver's flag may rise to the surface outside of a radius of 50 feet from such the diver's flag.

AB514,108,21 (3) No person engaged in such diving or swimming shall that requires a diver's flag may interfere with the operation of anyone fishing nor or engage in such diving or swimming in established traffic lanes; nor shall any such person alone or with another, intentionally or unintentionally, block or. No person engaged in diving or swimming that requires a diver's flag may obstruct any boat in any manner from proceeding to its destination in its course where a no reasonable alternative is unavailable available. A reasonable alternative route course is available when the otherwise unobstructed boat can proceed to its destination pass the diver's flag without reducing its lawful speed, by passing to the right or to the left of a marked diving operation while complying with s. 30.68 (5g).

Note: This provision is modified to eliminate the requirement that the boat must be proceeding to its destination in order for the prohibition on obstructing the boat to apply. This makes the prohibition on obstructing a boat applicable to any legal course that the boat may take. The added reference to s. 30.68 (5g) is the newly numbered requirement for boats to remain at least 100 feet from a diver's flag.