AB500: Bill Text

AB500,63,8 (2) Rules; generally. The department may promulgate rules under this subchapter. Any reference to a provision of this subchapter includes any rule promulgated 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.

AB500, s. 241 Section 241. 30.501 (8) of the statutes is repealed.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 This provision is repealed for several reasons.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.

AB500, s. 242 Section 242. 30.501 (9) of the statutes is amended to read:

AB500,64,2 30.501 (9) This section applies to vessels manufactured after January 1, 1966 and prior to November 1, 1972. All vessels manufactured on or after November 1, 1972, shall comply with appropriate federal regulations and the capacity information 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.

AB500, s. 243 Section 243. 30.505 of the statutes is amended to read:

AB500,64,10 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 boats established by the U.S. federal 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.

Note: The rationale for this amendment is the same as that stated in the note describing the repeal of s. 30.501 (8).

AB500, s. 244 Section 244. 30.52 (1) (b) 1r. of the statutes is amended to read:

AB500,64,15 30.52 (1) (b) 1r. A When a person applying applies for registration of a federally documented vessel, the department shall submit as part of the application a photocopy of the front and back of verify that the federal certificate of documentation for 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.

AB500, s. 245 Section 245. 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.

AB500, s. 246 Section 246. 30.54 (2) of the statutes is amended to read:

AB500,65,3 30.54 (2) If a person applies for a replacement certificate under sub. (1), conservation wardens or local law enforcement officials, after presenting appropriate credentials to the owner or legal representative of the owner named in the certificate of title, shall may inspect the boat's engine serial number or hull identification 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.

AB500, s. 247 Section 247. 30.571 of the statutes is amended to read:

AB500,65,11 30.571 Notification of person who has perfected security interest. If the department receives information from another state that a boat that is titled in this state is being titled in the other state and the information does not show that a perfected security interest, as shown by the records of the department, has been satisfied, the department shall notify the person who has perfected the security interest. The person shall pay the department the fee under s. 30.537 (4) (e) for each notification.

Note: The fee referenced in this provision is eliminated by this bill.

AB500, s. 248 Section 248. 30.60 of the statutes is repealed.

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.

AB500, s. 249 Section 249. 30.605 of the statutes is created to read:

AB500,65,15 30.605 Owner; definition. In ss. 30.61 to 30.71, "owner" means any of the following:

AB500,65,16 (1) An owner, as defined in s. 30.50 (9).

AB500,65,17 (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.

AB500, s. 250 Section 250. 30.61 (1), (2) (intro.), (3) (intro.), (4), (6) (b), (7) and (8) of the statutes are amended to read:

AB500,66,6 30.61 (1) When lights required; prohibited lights. (a) No person shall may operate any motorboat at any time from sunset to sunrise unless such the motorboat carries the lighting equipment required by this section and unless such the lighting equipment is lighted when and as required by this section.

AB500,66,9 (b) No owner shall may give a person permission for the operation of to operate a motorboat at any time from sunset to sunrise unless such the motorboat is equipped as carries the lighting equipment required by this section.

AB500,66,12 (c) No person shall may exhibit from or on any motorboat when under way at any time from sunset to sunrise any light which may be mistaken for those required by this section.

AB500,66,15 (2) Lights for motorboats of classes a and 1 less than 26 feet long . (intro.) All motorboats of classes A and 1 less than 26 feet long when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:

AB500,66,18 (3) Lights for motorboats of classes 2 and 3 26 or more feet long. (intro.) All motorboats of classes 2 and 3 26 or more feet long when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:

AB500,67,2 (4) Sailboats with motors. Sailboats A sailboat equipped with motors a motor and being propelled in whole or in part by such the motor must shall comply with sub. (2) or (3), whichever is as applicable. Whenever such a sailboat is being propelled entirely by sail at any time from sunset to sunrise, it shall have lighted the lamps showing the colored lights specified in sub. (2) or (3), but not the lamps showing the white lights, and shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

AB500,67,4 (6) (b) This subsection does not require any light to be shone from A duck blinds blind constructed on emergent vegetation is not required to be lighted.

AB500,67,11 (7) Performance Design specifications for lamps. Every white light prescribed required by this section shall be of such character as designed to be visible at a distance of at least 2 miles on a dark night with clear atmosphere. Every colored light prescribed required by this section shall be of such character as designed to be visible at a distance of at least one mile on a dark night with clear atmosphere. The owner of a motorboat that is required to carry lighting equipment under this section shall 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.

AB500,67,16 (8) Optional lighting requirements. Any boat may carry and exhibit the lights required by the federal international regulations for preventing collisions at sea, 1948, federal act of October 11, 1951, (33 USC 143-147d) as amended, as implemented by 33 CFR part 81 and interpreted by 33 CFR part 82 in lieu of the lights required by subs. (2) and (3).

AB500, s. 251 Section 251. 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.

AB500, s. 252 Section 252. 30.61 (10) of the statutes is renumbered 30.68 (13) and amended to read:

AB500,68,3 30.68 (13) Operation Nighttime operation of personal watercraft. (a) Notwithstanding subs. (1), (2), (8) and (9), no No person may operate a personal watercraft at any time from sunset to sunrise.

AB500,68,6 (b) If a person operates a personal watercraft in violation of par. (a), the operation shall be subject to additional penalties for any failure to comply with the applicable lighting requirements under subs. s. 30.61 (1), (2), and (8) and (9).

AB500, s. 253 Section 253. 30.62 (title), (1) and (2) (b) of the statutes are amended to read:

AB500,68,11 30.62 (title) Other equipment Equipment other than lighting. (1) When equipment required. No person shall may operate any boat on the waters of this state unless such the boat is equipped as required by this section and the rules of the department promulgated under this section.

AB500,68,18 (1m) Rental boats. No owner of a boat shall may rent such a boat to any other person for use upon on the waters of this state unless such the boat is equipped at the time of rental as required by this section and the rules of the department promulgated under this section. If such. If the boat is properly equipped at the time of rental for conditions then existing, the responsibility of the owner under this section is met, notwithstanding a subsequent change in the number of passengers or 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.

AB500,68,21 (2) (b) Maximum noise levels for operation. No person may operate a motorboat powered by an engine on the waters of this state in such a manner as to exceed a noise level of 86 measured on an "A" weighted decibel scale.

AB500, s. 254 Section 254. 30.62 (2) (c) of the statutes is renumbered 30.62 (2) (c) 1. and amended to read:

AB500,69,4 30.62 (2) (c) 1. No person may sell, resell , or offer for sale any motorboat for use on the waters of the state if the motorboat has been so modified that it cannot be operated in such a manner that it will comply with the noise level requirements under in compliance with par. (b).

AB500, s. 255 Section 255. 30.62 (2) (c) 2. of the statutes is created to read:

AB500,69,9 30.62 (2) (c) 2. No person engaged in the business of selling motorboats at retail within this state may sell a motorboat for use on the waters of this state in the ordinary course of that person's business if the motorboat cannot be operated in compliance 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.

AB500, s. 256 Section 256. 30.62 (2) (d) 1. of the statutes is renumbered 30.62 (2) (d) and amended to read:

AB500,69,15 30.62 (2) (d) Maximum noise level for manufacture. No person may manufacture and or offer for sale any motorboat for use on the waters of this state if the motorboat cannot be operated in such a manner so as to comply with the noise level requirements under in compliance with par. (b).

AB500, s. 257 Section 257. 30.62 (2) (d) 2. of the statutes is renumbered 30.62 (2) (dm) and amended to read:

AB500,69,21 30.62 (2) (dm) Testing procedures. The department may promulgate rules establishing testing procedures to determine noise levels for the enforcement of this section. The department may revise these rules as necessary to adjust to advances in technology.

AB500, s. 258 Section 258. 30.62 (2) (d) 3. of the statutes is repealed.

AB500, s. 259 Section 259. 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.

AB500, s. 260 Section 260. 30.62 (2) (g) 1. to 3. of the statutes are amended to read:

AB500,70,6 30.62 (2) (g) 1. A motorboat while competing in a water exhibition or race conducted under a permit from a town, village or city local governmental unit that enacts an ordinance under s. 30.77 or from an authorized agency of the federal government.

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.

AB500,70,10 2. A motorboat designed and intended solely for racing, while the boat motorboat is operated incidentally to the testing or tuning up of the motorboat and engine for the water exhibition or race in an area designated by and operated under a permit specified under subd. 1.

AB500,70,13 3. A motorboat on an official trial for a speed record if conducted under a permit from a town, village or city local governmental unit that enacts an ordinance under s. 30.77.

AB500, s. 261 Section 261. 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).

AB500, s. 262 Section 262. 30.62 (2m) and (3) (a) of the statutes are amended to read:

AB500,71,3 30.62 (2m) Overpowering. No person may sell, equip, or operate, and no owner of a boat motorboat may allow a person to operate, a boat motorboat with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating 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.

AB500,71,7 (3) (a) Every boat, except a sailboard and except as provided in par. pars. (b) and (c), shall carry at least one personal flotation device prescribed by federal regulations 33 CFR part 175 for each person on board or being attended by the boat, so placed as to be readily accessible and available to the persons.

AB500, s. 263 Section 263. 30.62 (3) (c) of the statutes is created to read:

AB500,71,11 30.62 (3) (c) 1. In this paragraph, "racing vessel" means a manually propelled racing shell, rowing scull, racing canoe, or racing kayak of the type that is recognized by a national or international racing association for use in competitive racing.

AB500,71,15 2. Paragraph (a) does not apply to a racing vessel if all of the vessel's occupants, other than a coxswain, row, scull, or paddle the vessel and if the vessel is not designed to carry and does not carry any equipment other than equipment used solely for competitive racing.

Note: This provision duplicates the exemptions in current federal rules, 33 CFR 175.17.

AB500, s. 264 Section 264. 30.62 (4) (a) of the statutes is amended to read:

AB500,72,3 30.62 (4) (a) Every motorboat, except outboards of open construction, shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectively extinguishing burning gasoline, as prescribed by rules of the department. Such The fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible. "Open construction" means construction which will not permit the entrapment of explosive or flammable gases or vapors.

AB500, s. 265 Section 265. 30.62 (4) (b) of the statutes is renumbered 30.62 (4) (b) (intro.) and amended to read:

AB500,72,6 30.62 (4) (b) (intro.) This subsection does not apply to a any of the following:

AB500,72,10 1. A motorboat while competing in a race conducted pursuant to a permit from a town, village or city local governmental unit that enacts an ordinance under s. 30.77 or from an authorized agency of the U.S. federal government, nor does it apply to a .

AB500,72,13 2. A boat designed and intended solely for racing, while the boat is operated incidentally to the tuning up of the boat and engine for the race at the race location on the day of the race.

AB500, s. 266 Section 266. 30.62 (4) (b) 3. of the statutes is created to read:

AB500,72,17 30.62 (4) (b) 3. A motorboat that is equipped with an outboard motor and that is constructed in a manner that does not permit explosive or flammable gases or vapors to become entrapped in the motorboat.

AB500, s. 267 Section 267. 30.62 (5) of the statutes is amended to read:

AB500,72,23 30.62 (5) Backfire flame arresters. Every boat motorboat equipped with an inboard motor using gasoline as a fuel shall have the carburetors of every each inboard gasoline motor fitted with an efficient effective device for arresting backfire flames. The device shall meet the specifications prescribed by comply with federal regulations.

AB500, s. 268 Section 268. 30.62 (6) of the statutes is renumbered 30.62 (6) (a) and amended to read:

AB500,73,4 30.62 (6) (a) Every boat, except open boats, Except as provided in par. (b), every motorboat using as fuel any liquid of a volatile nature, liquid fuel shall be provided with an efficient natural or mechanical effective ventilation system which that is capable of removing resulting inflammable flammable or explosive gases.

AB500, s. 269 Section 269. 30.62 (6) (b) of the statutes is created to read: