Amendment ASA1-AB439

AB439-ASA1, s. 43 Section 43. 30.77 (3) (am) 1. of the statutes is amended to read:

AB439-ASA1,12,15 30.77 (3) (am) 1. A public inland lake protection and rehabilitation district may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact and enforce ordinances applicable to a lake entirely within its boundaries if each one of the following occurs:

AB439-ASA1,12,17 a. Each town, village and city having jurisdiction on over the lake adopts a resolution authorizing the lake district to do so.

AB439-ASA1, s. 44 Section 44. 30.77 (3) (am) 1. b. of the statutes is created to read:

AB439-ASA1,12,22 30.77 (3) (am) 1. b. At least 50% of the towns, villages and cities having jurisdiction over the lake adopt resolutions authorizing the lake district to enact and enforce ordinances, and at least 60% of the footage of shoreline of the lake is within the boundaries of these towns, villages and cities.

AB439-ASA1, s. 45 Section 45. 30.77 (3) (am) 4. of the statutes is repealed and recreated to read:

AB439-ASA1,13,8 30.77 (3) (am) 4. If a town, village or city proposes to rescind a resolution that it adopted under subd. 1., and if the recision will result in less than 50% of the towns, villages or cities with jurisdiction over the lake still having in effect resolutions adopted under subd. 1. or will result in less than 60% of the footage of shoreline of the lake being within the boundaries of the towns, villages and cities with resolutions still in effect, the town, village or city proposing to rescind the resolution shall hold a hearing on the recision at least 30 days before the recision will take effect and shall give notice as required under par. (aw) 2. If, after holding the hearing, the town, village or city rescinds the resolution that it adopted under subd. 1., the lake district ordinances are void.

AB439-ASA1, s. 46 Section 46. 30.77 (3) (ar) of the statutes is created to read:

AB439-ASA1,13,12 30.77 (3) (ar) In determining footage of shoreline for purposes of pars. (ac), (ae) and (am), towns, villages, cities and lake districts shall measure by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

AB439-ASA1, s. 47 Section 47. 30.77 (3) (aw) of the statutes is created to read:

AB439-ASA1,13,17 30.77 (3) (aw) 1. If one or more towns, villages or cities propose to enact an ordinance for an inland lake under par. (ac) 2. or a lake district proposes to enact an ordinance for an inland lake under par. (am) 1. b., it shall hold a public hearing on the proposed ordinance at least 30 days before its enactment.

AB439-ASA1,14,2 2. The town, village or city that has the most footage of shoreline of the lake within its boundaries and that is supporting the proposal shall publish a notice of the public hearing under subd. 1. or par. (ae) or (am) 4. at least 30 days before the date of the hearing in one or more newspapers likely to give notice of the hearing in all towns, villages or cities that have jurisdiction over the lake. The notice shall be a class 1 notice under ch. 985. The town, village or city publishing the notice shall send a copy of the notice at least 30 days before the date of the hearing to the department, each municipality having jurisdiction over the lake and each lake association for the lake.

AB439-ASA1, s. 48 Section 48. 30.77 (3) (b) of the statutes is amended to read:

AB439-ASA1,14,11 30.77 (3) (b) Any county may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural resources, enact an ordinance applicable on any river or stream within its jurisdiction if the ordinance is not contrary to or inconsistent with this chapter, and if the ordinance relates to the equipment, use or operation of boats or to any activity regulated by ss. 30.60 to 30.71. If a county enacts an ordinance under this paragraph, the county ordinance supersedes all provisions of a town, village or city ordinance enacted under par. (a) that is inconsistent with the county ordinance.

AB439-ASA1, s. 49 Section 49. 30.77 (3) (cm) of the statutes is created to read:

AB439-ASA1,14,15 30.77 (3) (cm) In enacting ordinances under par. (a), (am) or (b) for a given body of water, municipalities and public inland lake protection and rehabilitation districts shall take into account factors that include all of the following:

AB439-ASA1,14,17 1. The type, size, shape and depth of the body of water and any features of special environmental significance that the body of water has.

AB439-ASA1,14,19 2. The amount, type and speed of boating traffic on the body of water and boating safety and congestion.

AB439-ASA1,14,22 3. The degree to which the boating traffic on the body of water affects other recreational uses and the public's health, safety and welfare, including the public's interest in preserving the state's natural resources.

AB439-ASA1, s. 50 Section 50. 30.77 (3) (cr) of the statutes is created to read:

AB439-ASA1,14,25 30.77 (3) (cr) The types of ordinances that may be enacted under par. (a), (am) or (b) include the following:

AB439-ASA1,15,1 1. Restrictions on speed.

AB439-ASA1,15,3 2. Restrictions on certain types of boating activities on all, or in specified parts, of the lake, river or stream.

AB439-ASA1,15,5 3. Restrictions on certain types of boating activities during specified hours of the day or specified days of the week.

AB439-ASA1, s. 51 Section 51. 30.77 (3) (d) of the statutes is amended to read:

AB439-ASA1,15,24 30.77 (3) (d) Ordinances pertaining to the equipment, use or operation of boats on inland lakes shall be subject to advisory review by the department as provided under this paragraph. Proposed ordinances subject to review under this paragraph shall be submitted by the local town, village or city clerk or by a public inland lake protection and rehabilitation district to the department at least 60 days prior to final action thereon by the town, village or city governing body. Advisory reports regarding town, village or city or lake district ordinances that regulate the equipment, use or operation of boats on inland lakes shall be based on consideration of the effect of the ordinance on the state from the standpoint of uniformity and enforcement and the effect of the ordinance on an affected town, village, city or lake district in view of pertinent local conditions. Advisory reports shall state in what regard such ordinances are considered consistent or inconsistent with this chapter as to public health, safety or welfare, including the public's interest in preserving the state's natural resources, and shall be accompanied by suggested changes, if any. No later than 20 days after receipt by the department of proposed ordinances, the department shall advise the town, village, city or lake district in writing as to the results of its advisory review under this paragraph. The department shall address the results sent to a town, village or city to its clerk.

AB439-ASA1, s. 52 Section 52. 30.77 (3) (dm) of the statutes is created to read:

AB439-ASA1,16,5 30.77 (3) (dm) 1. In this paragraph, "local entity" means a city, village, town, county, qualified lake association, as defined in s. 144.253 (1), nonprofit conservation organization, as defined in s. 23.0955 (1), town sanitary district, public inland lake protection and rehabilitation district or another local governmental unit, as defined in s. 66.299 (1) (a), that is established for the purpose of lake management.

AB439-ASA1,16,8 2. If the department or a local entity objects to an ordinance enacted under par. (a), (ac) 2. or (am) 1. b., on the grounds that all or a portion of the ordinance is contrary to or inconsistent with this chapter, all of the following apply:

AB439-ASA1,16,14 a. Upon receipt of an objection under this subdivision, the department shall order a hearing on the objection under ch. 227. The hearing shall be a contested case hearing, and the administrator of the division of hearings and appeals in the department of administration shall assign a hearing examiner to the hearing as provided in s. 227.43. Persons who are not parties to the contested case may present testimony and evidence at the hearing.

AB439-ASA1,16,20 b. The hearing examiner shall issue an order on the objection within 90 days after the date on which the hearing is ordered under subd. 2. a. If the hearing examiner determines that the ordinance or the portion of the ordinance is contrary to or inconsistent with this chapter, the hearing examiner shall issue an order declaring the ordinance or that portion of the ordinance void. The order shall prohibit the enforcement of all or any portion of the ordinance declared to be void.

AB439-ASA1,16,22 3. The procedure under this paragraph does not supersede any other legal right or procedure that a person has to contest an ordinance enacted under this section.

AB439-ASA1, s. 53 Section 53. 30.77 (3) (f) of the statutes is created to read:

AB439-ASA1,17,2 30.77 (3) (f) In any forfeiture or criminal action for an alleged violation of a local ordinance that restricts the speed of a motorboat, the defendant may not raise the defense that he or she did not know how fast the motorboat was moving because the motorboat lacked a speedometer.

AB439-ASA1, s. 54 Section 54. 30.77 (4) of the statutes is amended to read:

AB439-ASA1,17,8 30.77 (4) Publicizing ordinances. All ordinances enacted under sub. (3) shall be prominently posted by the local authority which enacted them and, for ordinances enacted under sub. (3) (ac) 2., by all local authorities having jurisdiction over the lake, at all public access points within the local authority's jurisdiction and also shall be filed with the department.

AB439-ASA1, s. 55 Section 55. 30.80 (2) of the statutes is amended to read:

AB439-ASA1,17,19 30.80 (2) Any person violating s. 30.68 (2) shall be fined not more than $200 or imprisoned for not more than 6 months or both. Any person violating s. 30.68 shall be required ordered by the court to obtain a certificate of satisfactory completion of a complete satisfactorily the boating safety course under s. 30.74 (1) regardless of whether the person has a valid boating safety certificate. If the person violating s. 30.68 is a resident of another state or a province of Canada, the court may order that the person satisfactorily complete a boating safety course in the state or in the province of Canada in which the person resides if the department has determined that the course has standards that substantially meet the standards established under s. 30.74 (1).

AB439-ASA1, s. 56 Section 56. 30.80 (6) (a) of the statutes is amended to read:

AB439-ASA1,17,24 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) or 30.684 (5) shall forfeit not less than $150 nor more than $300.

AB439-ASA1,18,5 2. Except as provided under subd. 3., a A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) 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.

AB439-ASA1,18,10 3. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) 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.

AB439-ASA1, s. 57 Section 57. 30.80 (6) (a) 4. and 5. of the statutes are created to read:

AB439-ASA1,18,16 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) 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.

AB439-ASA1,18,21 5. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) 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.

AB439-ASA1, s. 58 Section 58. 30.80 (6) (a) 6. of the statutes is created to read:

AB439-ASA1,18,23 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) shall forfeit $50.

AB439-ASA1, s. 59 Section 59. 30.80 (6) (c) of the statutes is amended to read:

AB439-ASA1,19,3 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.

AB439-ASA1, s. 60 Section 60. 30.80 (6) (e) of the statutes is amended to read:

AB439-ASA1,19,15 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 complete satisfactorily the boating safety course under s. 30.74 (1) regardless of whether the person has a valid boating safety certificate. If the person is a resident of another state or a province of Canada, the court may order that the person satisfactorily complete a boating safety course in the state or in the province of Canada in which the person resides if the department has determined that the course has standards that substantially meet the standards established under s. 30.74 (1).

AB439-ASA1, s. 61 Section 61. 30.80 (7) to (9) of the statutes are created to read:

AB439-ASA1,19,20 30.80 (7) (a) Except as provided in pars. (b) and (c), a person who violates the intoxicated boating law or the refusal law shall be ordered by the court not to engage in the operation of a motorboat in this state for a period of not less than 6 months nor more than 9 months.

AB439-ASA1,19,25 (b) A person who violates the intoxicated boating law or 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 ordered by the court not to engage in the operation of a motorboat in this state for a period of not less than 12 months nor more than 18 months.

AB439-ASA1,20,5 (c) A person who violates the intoxicated boating law or 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 the refusal law shall be ordered by the court not to engage in the operation of a motorboat in this state for a period of not less than 24 months nor more than 36 months.

AB439-ASA1,20,8 (d) In determining the number of previous convictions under pars. (b) and (c), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB439-ASA1,20,12 (e) For purposes of pars. (a) to (c), the court, in its order, shall schedule the period during which the person may not engage in the operation of a motorboat in this state to occur in one or more periods beginning on April 1 and ending on September 30 of one or more years.

AB439-ASA1,20,14 (8) Any person operating a motorboat in violation of a court order under sub. (7) shall be subject to the following penalties:

AB439-ASA1,20,16 (a) Except as provided in pars. (b) to (e), a forfeiture of not less than $150 nor more than $600.

AB439-ASA1,20,20 (b) If within 5 years prior to the arrest for the current violation the person was convicted one previous time for violation of an order under sub. (7), a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 10 days nor more than 6 months.

AB439-ASA1,20,24 (c) If within 5 years prior to the arrest for the current violation the person was convicted 2 previous times for a violation of an order under sub. (7), a fine of not less than $1,000 nor more than $2,000 and imprisonment for not less than 30 days nor more than 9 months.

AB439-ASA1,21,4 (d) If within 5 years prior to the arrest for the current violation the person was convicted 3 previous times for a violation of an order under sub. (7), a fine of not less than $1,500 nor more than $2,000 and imprisonment for not less than 60 days nor more than one year in the county jail.

AB439-ASA1,21,8 (e) If within 5 years prior to the arrest for the current violation the person was convicted 4 or more previous times for a violation of an order under sub. (7), a fine of not less than $2,000 nor more than $2,500 and imprisonment for not less than 6 months nor more than one year in the county jail.

AB439-ASA1,21,13 (9) (a) In addition to other penalties for engaging in the operation of a motorboat in violation of an order under sub. (7), the court may order the impoundment of the motorboat in which the violation occurred, if owned by the violator. The court may determine the manner and period of impoundment. The cost of impoundment and storage of the motorboat constitutes a lien on the motorboat.

AB439-ASA1,21,19 (b) If a motorboat impounded under par. (a) is subject to a security agreement or lease contract, the motorboat shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default, and the motorboat shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motorboat.

AB439-ASA1, s. 62 Section 62. 48.343 (5) of the statutes is amended to read:

AB439-ASA1,22,2 48.343 (5) If the violation is related to unsafe use of a boat, order the child to attend a the boating safety course under s. 30.74 (1) regardless of whether the child has a valid boating safety certificate. If the child is a resident of another state or a province of Canada, the court may order that the child attend a boating safety course in the state or in the province of Canada in which the child resides if the department of natural resources has determined that the course has standards that substantially meet the standards established under s. 30.74 (1).

AB439-ASA1, s. 63 Section 63. 885.235 (1m) and (4) of the statutes are amended to read:

AB439-ASA1,22,16 885.235 (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 a blood 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 a measured alcohol concentration 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 there was more than 0.0% but not more than 0.1% by weight of alcohol in the person's blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of the person's breath is prima facie evidence that the person had a blood 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 a measured alcohol concentration under s. 346.63 (7).

AB439-ASA1,22,22 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration, intoxication or blood alcohol concentration 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 a blood 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).

AB439-ASA1, s. 64 Section 64. Initial applicability.

AB439-ASA1,23,2 (1)  The treatment of section 30.80 (6) (a) and (7) 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.

AB439-ASA1, s. 65 Section 65. Effective dates. This act takes effect on the day after publication, except as follows:

AB439-ASA1,23,7 (1)  The treatment of section 30.68 (3) (cg), (cr) and (e) 2. of the statutes and the repeal and recreation of section 30.68 (3) (b) and (d) of the statutes take effect on January 1, 1997.

AB439-ASA1,23,8 (End)