LRBs0312/2
MGG&RPN:kjf/jld/wlj:md
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 162
March 15, 2010 - Offered by Representative Staskunas.
SB162-ASA1,1,5
1An Act to renumber and amend 30.62 (3) (a);
to amend 165.755 (1) (b), 814.85
2(1) (a) and 814.86 (1); and
to create 30.62 (3) (ag) and 30.62 (3) (c) of the
3statutes;
relating to: requiring that personal flotation devices be worn by
4certain underage persons in certain boats and the imposition of fees or
5surcharges for related violations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB162-ASA1, s. 1
6Section
1. 30.62 (3) (a) of the statutes is renumbered 30.62 (3) (ar) and
7amended to read:
SB162-ASA1,1,128
30.62
(3) (ar) Every boat, except a sailboard
and except as provided in par. (b),
9shall carry at least one personal flotation device prescribed by federal regulations for
10each person on board or being attended by the boat
,
and, except as provided in pars.
11(b) and (c), the personal flotation devices shall be so placed as to be readily accessible
12and available to the persons.
SB162-ASA1,2,32
30.62
(3) (ag) In this subsection, "recreational boat" means a boat that is being
3used for pleasure.
SB162-ASA1,2,115
30.62
(3) (c) No person may operate a recreational boat that is less than 26 feet
6in length and that is under way unless each person on the recreational boat who is
712 years of age or younger is wearing a personal flotation device or is in a cabin space
8or below the deck. The personal flotation device shall be a type I, type II, type III,
9or type V personal flotation device as specified under
33 CFR part 175, subpart B.
10A recreational boat is under way if it is not aground, is not anchored or moored, and
11is not made fast to a structure or to the shore.
SB162-ASA1, s. 4
12Section
4. 165.755 (1) (b) of the statutes is amended to read:
SB162-ASA1,2,2013
165.755
(1) (b) A court may not impose the crime laboratories and drug law
14enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
15(bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
16346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
17alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
18for a personal flotation device violation under s. 30.62 (3) (c), or for a violation of a
19state law or municipal or county ordinance involving a nonmoving traffic violation,
20a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
SB162-ASA1, s. 5
21Section
5. 814.85 (1) (a) of the statutes is amended to read:
SB162-ASA1,3,422
814.85
(1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
2330.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
24violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
25time of the violation,
for a personal flotation device violation under s. 30.62 (3) (c),
1or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48
2(2m), the clerk of circuit court shall charge and collect a $68 court support services
3surcharge from any person, including any governmental unit as defined in s. 108.02
4(17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
SB162-ASA1,3,167
814.86
(1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
8(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
9had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
10violation,
for a personal flotation device violation under s. 30.62 (3) (c), or for a
11violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m),
12the clerk of circuit court shall charge and collect a $21.50 justice information system
13surcharge from any person, including any governmental unit, as defined in s. 108.02
14(17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or
15(b), or 814.63 (1). The justice information system surcharge is in addition to the
16surcharge listed in sub. (1m).
SB162-ASA1,3,1918
(1) This act takes effect on May 1, 2010, or on the day after publication,
19whichever is later.
