AB575: Bill Text

LRB-4441/1

EHS:jld

2017 - 2018 LEGISLATURE

2017 Assembly BILL 575

October 24, 2017 - Introduced by Representatives Mursau, Kitchens, Anderson, Berceau, Billings, E. Brooks, Considine, Genrich, Hesselbein, Horlacher, Kolste, Kremer, Petryk, Pronschinske, Ripp, Rodriguez, Sinicki, Snyder, Spiros, Spreitzer, Subeck and Tauchen, cosponsored by Senators Petrowski, Bewley, Johnson, Larson, Marklein, Ringhand and Risser. Referred to Committee on Natural Resources and Sporting Heritage.

AB575,1,4 An Act to amend 165.755 (1) (b), 302.46 (1) (a), 757.05 (1) (a), 814.63 (1) (c), 814.63 (2), 814.85 (1) (a) and 814.86 (1); and to create 30.68 (1) and 30.80 (2c) of the statutes; relating to: regulating the operation of recreational vessels carrying persons under the age of ten and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill prohibits the operator of a recreational vessel from carrying a passenger who is under the age of ten unless, during all times when the vessel is underway, the passenger is wearing a properly fitting personal flotation device or the passenger remains below deck or in an enclosed cabin. The bill establishes a forfeiture of not more than $50 for a first violation and not more than $100 for a second or subsequent violation. The bill also exempts the imposition of such a forfeiture from the requirement under current law that a court impose certain court costs and surcharges when it imposes a forfeiture.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB575,1 Section 1. 30.68 (1) of the statutes is created to read:

AB575,2,5 30.68 (1) Operating requirements; carrying a passenger under the age of 10. (a) In this subsection, “recreational vessel" means a vessel manufactured or operated primarily for pleasure or leased, rented, or chartered to another person for the other person's pleasure but does not include a vessel engaged in the carriage of passengers for hire.

AB575,2,7 (b) No person may operate a recreational vessel carrying a passenger who is under the age of 10 unless any of the following applies:

AB575,2,9 1. During all times when the recreational vessel is underway, the passenger is wearing a properly fitting personal flotation device.

AB575,2,11 2. During all times when the recreational vessel is underway, the passenger remains below deck or in an enclosed cabin.

AB575,2 Section 2. 30.80 (2c) of the statutes is created to read:

AB575,2,14 30.80 (2c) Any person violating s. 30.68 (1) shall forfeit not more than $50 for a first violation and not more than $100 for a 2nd or subsequent violation.

AB575,3 Section 3. 165.755 (1) (b) of the statutes is amended to read:

AB575,2,21 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m), or a personal flotation device use violation under s. 30.68 (1).

AB575,4 Section 4. 302.46 (1) (a) of the statutes is amended to read:

AB575,3,8 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), or personal flotation device use violations under s. 30.68 (1), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB575,5 Section 5. 757.05 (1) (a) of the statutes is amended to read:

AB575,3,20 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), or personal flotation device use violations under s. 30.68 (1), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB575,6 Section 6. 814.63 (1) (c) of the statutes is amended to read:

AB575,3,25 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48 (2m), or for a personal flotation device use violation under s. 30.68 (1).

AB575,7 Section 7. 814.63 (2) of the statutes is amended to read:

AB575,4,9 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district ordinance, except for an action for a financial responsibility violation under s. 344.62 (2) or , for a violation under s. 343.51 (1m) (b) or, for a safety belt use violation under s. 347.48 (2m), or for a personal flotation device use violation under s. 30.68 (1), the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB575,8 Section 8. 814.85 (1) (a) of the statutes is amended to read:

AB575,4,16 814.85 (1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or, for a safety belt use violation under s. 347.48 (2m), or for a personal flotation device use violation under s. 30.68 (1), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB575,9 Section 9. 814.86 (1) of the statutes is amended to read:

AB575,5,2 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or, for a safety belt use violation under s. 347.48 (2m), or for a personal flotation device use violation under s. 30.68 (1), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB575,5,3 (End)