LRBs0348/3
MGG:kg&sg:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 439
November 29, 1995 - Offered by
Committee on Natural Resources.
AB439-ASA1,1,16
1An Act to renumber and amend 30.66 (3) (a), 30.66 (3) (b) and 30.69 (1);
to
2amend 30.61 (10) (a), 30.62 (2) (d) 1., 30.625 (1) (a), 30.68 (title), 30.68 (2), 30.68
3(3) (b), 30.68 (3) (d), 30.68 (5m), 30.68 (9) and (10), 30.69 (2), 30.69 (3) (a), 30.69
4(3) (b), 30.69 (3) (c) 1., 30.69 (3) (c) 2., 30.69 (3) (c) 3., 30.69 (3) (d), 30.69 (4), 30.74
5(1) (b), 30.74 (1) (c), 30.77 (3) (a), 30.77 (3) (am) 1., 30.77 (3) (b), 30.77 (3) (d),
630.77 (4), 30.80 (2), 30.80 (6) (a), 30.80 (6) (c), 30.80 (6) (e), 48.343 (5) and
7885.235 (1m) and (4);
to repeal and recreate 30.68 (3) (b), 30.68 (3) (d) and
830.77 (3) (am) 4.; and
to create 30.61 (10) (c), 30.625 (1) (bn), 30.66 (2m), 30.66
9(3) (a) 2. and 3., 30.66 (3) (b) 1. to 3., 30.66 (3) (c), 30.66 (3) (d), 30.68 (3) (a) (title),
1030.68 (3) (c) (title), 30.68 (3) (cg), 30.68 (3) (cr), 30.68 (3) (e), 30.68 (13), 30.681
11(1) (bn), 30.69 (1), 30.77 (3) (ac) 2., 30.77 (3) (ae), 30.77 (3) (am) 1. b., 30.77 (3)
12(ar), 30.77 (3) (aw), 30.77 (3) (cm), 30.77 (3) (cr), 30.77 (3) (dm), 30.77 (3) (f),
1330.80 (6) (a) 4. and 5., 30.80 (6) (a) 6. and 30.80 (7) to (9) of the statutes;
relating
14to: boating safety, the intoxicated boating law, regulation of personal
15watercraft, water skiing, local regulation of boating, granting rule-making
16authority and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB439-ASA1,2,62
30.61
(10) (a) Notwithstanding subs. (1), (2), (8) and (9), no person may operate
3a personal watercraft at any time from sunset to sunrise.
This restriction on the
4hours of operation of a personal watercraft does not prevent restrictions on the hours
5of operation between sunrise and sunset by the ordinances enacted under s. 30.77
6(3).
AB439-ASA1,2,118
30.61
(10) (c) Notwithstanding par. (a), a person may operate a personal
9watercraft during the time between sunset and sunrise if the operation of the
10personal watercraft is necessary for an emergency and if the operation complies with
11the applicable lighting requirements under subs. (1), (2), (8) and (9).
AB439-ASA1, s. 3
12Section
3. 30.62 (2) (d) 1. of the statutes is amended to read:
AB439-ASA1,2,1513
30.62
(2) (d) 1. No person may manufacture
and or offer for sale any motorboat
14for use on the waters of this state if the motorboat cannot be operated in such a
15manner so as to comply with the noise level requirements under par. (b).
AB439-ASA1, s. 4
16Section
4. 30.625 (1) (a) of the statutes is amended to read:
AB439-ASA1,2,2117
30.625
(1) (a) Rent or lease a personal watercraft for operation by a person who
18will be operating a personal watercraft for the first time and who does not hold a valid
19certificate issued under s.
30.68 (3) (e) or 30.74 (1) unless the person engaged in the
20rental or leasing gives the person instruction on how to operate a personal
21watercraft.
AB439-ASA1, s. 5
22Section
5. 30.625 (1) (bn) of the statutes is created to read:
AB439-ASA1,3,3
130.625
(1) (bn) Rent or lease a personal watercraft to a person who is 16 or 17
2years of age unless the person holds a valid certificate issued under s. 30.68 (3) (e)
3or 30.74 (1).
AB439-ASA1,3,85
30.66
(2m) Lack of speedometer not a defense. In any forfeiture or criminal
6action for an alleged violation of sub. (1) or (2), the defendant may not raise the
7defense that he or she did not know how fast the motorboat was moving because the
8motorboat lacked a speedometer.
AB439-ASA1, s. 7
9Section
7. 30.66 (3) (a) of the statutes is renumbered 30.66 (3) (a) (intro.) and
10amended to read:
AB439-ASA1,3,1311
30.66
(3) (a) (intro.)
Except under s. 30.69 (3), no No person may operate a
12motorboat
within that is not a personal watercraft at a speed in excess of
13slow-no-wake in any of the following areas:
AB439-ASA1,3,15
141. Within 100 feet of any dock, raft, pier or buoyed restricted area on any lake
15at a speed in excess of slow-no-wake speed.
AB439-ASA1, s. 8
16Section
8. 30.66 (3) (a) 2. and 3. of the statutes are created to read:
AB439-ASA1,3,1817
30.66
(3) (a) 2. Within 100 feet of a boat, other than a motorboat or a sailboat,
18that is being operated.
AB439-ASA1,3,1919
3. Within 100 feet of any boat that is not being operated.
AB439-ASA1, s. 9
20Section
9. 30.66 (3) (b) of the statutes is renumbered 30.66 (3) (b) (intro.) and
21amended to read:
AB439-ASA1,3,2522
30.66
(3) (b) (intro.) No person may operate a personal watercraft at a speed
23in excess of slow-no-wake
within 100 feet of any other boat. This paragraph does
24not apply if s. 30.69 (3) (a), (c) or (d) applies to the operation of the personal
25watercraft. in any of the following areas:
AB439-ASA1, s. 10
1Section
10. 30.66 (3) (b) 1. to 3. of the statutes are created to read:
AB439-ASA1,4,32
30.66
(3) (b) 1. Within 100 feet of any dock, raft, pier or buoyed restricted area
3on any lake.
AB439-ASA1,4,44
2. Within 100 feet of the shoreline of any lake.
AB439-ASA1,4,55
3. Within 100 feet of any boat, regardless of whether the boat is being operated.
AB439-ASA1,4,107
30.66
(3) (c) Notwithstanding pars. (a) and (b), if a person who is operating a
8motorboat is towing a person who is engaged in water skiing, as defined in s. 30.69
9(1), the provisions under s. 30.69 (3) (a) and (c) shall apply to the extent that they are
10more restrictive than the provisions under pars. (a) and (b).
AB439-ASA1,4,1512
30.66
(3) (d) The distance restrictions in pars. (a) to (c) do not apply to a person
13who is water skiing, as defined in s. 30.69 (1), or a motorboat towing that person, in
14an area that is marked with regulatory markers and that is open to the person or
15motorboat for pickup or drop-off purposes.
AB439-ASA1,4,17
1730.68 (title)
Prohibited and restricted operation.
AB439-ASA1,4,2319
30.68
(2) Negligent operation. No person may operate or use any boat, or
20manipulate any water skis, aquaplane or similar device
engage in water skiing, as
21defined in s. 30.69 (1), upon the waters of this state in a careless, negligent or reckless
22manner so as to endanger
that person's his or her life, property or person or the life,
23property or person of another.
AB439-ASA1, s. 15
24Section
15. 30.68 (3) (a) (title) of the statutes is created to read:
AB439-ASA1,4,2525
30.68
(3) (a) (title)
Incapacitated persons.
AB439-ASA1,5,122
30.68
(3) (b) (title)
Minors under age 16; motorboats other than personal
3watercraft. No person under the age of 10 years may operate a motorboat.
Persons 4No person who is at least 10
and
years of age but less than 12 years of age may operate
5a motorboat
only if they are unless he or she is either accompanied in the
boat 6motorboat by a parent or guardian or a person at least 18 years of age designated by
7a parent or guardian.
Persons No person who is at least 12
and years of age but less
8than 16 years of age may operate a
motor of any horsepower, but only if they are 9motorboat unless he or she is either accompanied
in the motorboat by a parent or
10guardian or a person at least 18 years of age designated by a parent or guardian
, or
11unless he or she is in possession of a
valid certificate issued under s. 30.74 (1). This
12paragraph does not apply to personal watercraft.
AB439-ASA1, s. 17
13Section
17. 30.68 (3) (b) of the statutes, as affected by 1995 Wisconsin Act ....
14(this act), is repealed and recreated to read:
AB439-ASA1,5,2215
30.68
(3) (b)
Minors under age 16; motorboats other than personal watercraft. 16 No person under the age of 10 years may operate a motorboat. No person who is at
17least 10 years of age but less than 12 years of age may operate a motorboat unless
18he or she holds a valid certificate issued under s. 30.74 (1) and is accompanied in the
19motorboat by a parent or guardian or a person at least 18 years of age designated by
20a parent or guardian. No person who is at least 12 years of age but less than 16 years
21of age may operate a motorboat unless he or she holds a valid certificate issued under
22s. 30.74 (1). This paragraph does not apply to personal watercraft.
AB439-ASA1, s. 18
23Section
18. 30.68 (3) (c) (title) of the statutes is created to read:
AB439-ASA1,5,2424
30.68
(3) (c) (title)
Minors under age 16; personal watercraft.
AB439-ASA1,6,4
130.68
(3) (cg)
Minors ages 16 and 17; motorboats other than personal
2watercraft. No person who is 16 or 17 years of age may operate a motorboat unless
3the person holds a valid certificate issued under par. (e) or s. 30.74 (1). This
4paragraph does not apply to personal watercraft.
AB439-ASA1,6,86
30.68
(3) (cr)
Minors ages 16 and 17; personal watercraft. No person who is 16
7or 17 years of age may operate, lease or rent a personal watercraft unless the person
8holds a valid certificate issued under par. (e) or s. 30.74 (1).
