30.62 (2m) Overpowering. No
person may sell, equip or operate, and no owner of a boat may allow a person to operate, a boat shall be equipped 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.
198,32
Section 32
. 30.681 (1) (bn) of the statutes is created to read:
30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below legal drinking age . A person who has not attained the legal drinking age, as defined in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has a blood alcohol concentration of more than 0.0 but less than 0.1.
198,33
Section 33
. 30.74 (intro.) (except 30.74 (title)) of the statutes is repealed.
198,34
Section 34
. 30.74 (1) (a) of the statutes is amended to read:
30.74 (1) (a) Create The department shall create comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses.
198,35
Section 35
. 30.74 (1) (b) of the statutes is amended to read:
30.74 (1) (b) The department shall prescribe the course content, the form of the certificate and may collect $2 a fee from each person who enrolls in the course. The department may authorize instructors conducting such courses meeting standards established by it to retain $1 a portion of the fee to defray expenses incurred locally to operate the program. The remaining $1 remainder of the fee shall be retained by the department for the purpose of defraying a part of its expenses incurred to operate the program. The department by rule shall set the fee for the course and the amount of the fee that may be retained by instructors.
198,36
Section 36
. 30.74 (1) (bn) of the statutes is created to read:
30.74 (1) (bn) A certificate issued to a person under this subsection is valid for life unless revoked by a court under s. 30.80 (2m) or (6) (e) or 938.343 (5).
198,37
Section 37
. 30.74 (1) (c) of the statutes is amended to read:
30.74 (1) (c) Valid certificates
A valid certificate issued by other states or provinces another state, as defined in s. 115.46 (2) (f), or a province of Canada that is held by persons between the ages of 10 and 16 years
a person will be honored if the course content substantially meets that established by the department.
198,38
Section 38
. 30.74 (2) (a) of the statutes is amended to read:
30.74 (2) (a) By The department by rule shall establish uniform marking of the water areas of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard. No municipality or person may mark the waters of this state in any manner in conflict with the marking system prescribed by the department. Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law. The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this marking system and if it is being placed pursuant to an ordinance that has been enacted in compliance with s. 30.77.
198,39
Section 39
. 30.74 (3) of the statutes is amended to read:
30.74 (3) Enforcement. Assist The department shall assist in the enforcement of ss. 30.50 to 30.80 and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.
198,41
Section
41. 30.80 (2m) of the statutes is created to read:
30.80 (2m) Any person violating s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1). If the person has a valid certificate at the time that the court imposes sentence under sub. (1) or (2), the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).
198,42
Section 42
. 30.80 (3m) of the statutes is created to read:
30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 5 years or both.
198,43
Section 43
. 30.80 (6) (a) of the statutes is amended to read:
30.80 (6) (a) Penalties related to prohibited operation of a motorboat; intoxicants; refusal. 1. Except as provided under subds. 2. and 3. to 5., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5)
the refusal law shall forfeit not less than $150 nor more than $300.
2. Except as provided under subd. 3., a A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated boating law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned for not less than 5 days nor more than 6 months.
3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than one year in the county jail.
198,44
Section 44
. 30.80 (6) (a) 4. and 5. of the statutes are created to read:
30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.
5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.
198,45
Section 45
. 30.80 (6) (a) 6. of the statutes is created to read:
30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in conformity with s. 30.681 (1) (bn) shall forfeit $50.
198,46
Section 46
. 30.80 (6) (c) of the statutes is amended to read:
30.80 (6) (c) Calculation of previous convictions. In determining the number of previous convictions under par. (a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.
198,47
Section 47
. 30.80 (6) (e) of the statutes is amended to read:
30.80 (6) (e) Certificate of satisfactory completion of safety course. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1). If the person has a valid certificate at the time that the court imposes sentence, the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).
198,48
Section 48
. 885.235 (1m) of the statutes is amended to read:
885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
198,49
Section 49
. 885.235 (4) of the statutes is amended to read:
885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a specified alcohol concentration or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c).
198,50
Section 50
. 938.343 (5) of the statutes is amended to read:
938.343 (5) If the violation is related to unsafe use of a boat, order the juvenile to attend a safety course under s. 30.74 (1). If the juvenile has a valid certificate at the time that the court imposes sentence, the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).
198,51
Section 51
. 971.19 (10) of the statutes is created to read:
971.19 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer or the county where the department of natural resources received the application.
198,52
Section 52
.
Initial applicability.
(2) Intoxicated boating law. The amendment of section 30.80 (6) (a) of the statutes and the creation of section 30.80 (6) (a) 4. and 5. of the statutes first apply to violations committed on the effective date of this subsection, but do not preclude the counting of previous convictions for sentencing a person.
(3) Falsified applications. The treatment of section 971.19 (10) of the statutes first applies to criminal actions commenced on the effective date of this subsection.
198,53
Section 53
.
Effective dates. This act takes effect on the day after publication, except as follows:
(1) Certificate of numbers for nonmotorized boats and for boats owned by dealers or manufacturers. The treatment of sections 30.505, 30.52 (3) (im), (3m) (a) and (5) (a) 3. and 30.523 (2) (c) and (3) of the statutes takes effect on the April 1 after publication.
(2) Boating safety program and certificates. The treatment of sections 30.74 (intro.), (1) (a), (b), (bn) and (c), (2) (a) and (3), 30.80 (2m) and 938.343 (5) of the statutes takes effect on the first day of the 12th month beginning after publication.
(3) Other. The treatment of sections 30.52 (1) (b) 1r., 30.66 (3) (b), 30.80 (6) (c) and 885.235 (1m) and (4) of the statutes, the amendment of section 30.80 (6) (a) of the statutes, the creation of section 30.80 (6) (a) 4. and 5. of the statutes and Section
52 (2
) of this act take effect on the first day of the 3rd month beginning after publication.
