The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB495-ASA1,2,710
23.50
(1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit
11court to recover forfeitures, penalty assessments, jail assessments, applicable
12weapons assessments, applicable environmental assessments, applicable wild
13animal protection assessments, applicable natural resources assessments,
14applicable fishing shelter removal assessments, applicable snowmobile registration
1restitution payments and applicable natural resources restitution payments for
2violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r),
144.783 (2), 3146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch.
4VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules
5promulgated thereunder, violations of rules of the Kickapoo valley governing board
6under s. 16.21 (7) (k) or violations of local ordinances enacted by any local authority
7in accordance with s. 23.33 (11) (am) or 30.77.
AB495-ASA1,2,139
23.65
(1) When it appears to the district attorney that a violation of s. 134.60,
10144.421 (2), 144.422 (2), (2m) (c) or (2r),
144.783 (2), 146.20 (2) to (5), 147.021, 159.07,
11159.08 or 159.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350, or any
12administrative rule promulgated pursuant thereto, has been committed the district
13attorney may proceed by complaint and summons.
AB495-ASA1,2,1715
30.50
(3d) "Commercial motorboat" means a motorboat while it is being
16operated to transport property or passengers for hire or while it is being used by its
17operator or owner to earn a livelihood or to gain a profit or both.
AB495-ASA1, s. 4
18Section
4. 30.681 (1) (b) of the statutes is renumbered 30.681 (1) (b) 1. and
19amended to read:
AB495-ASA1,2,2420
30.681
(1) (b) 1. No person may engage in the operation of a motorboat while
21the person has a blood alcohol concentration of 0.1% or more by weight of alcohol in
22his or her blood. No person may engage in the operation of a motorboat while the
23person has 0.1 grams or more of alcohol in 210 liters of his or her breath.
This
24subdivision does not apply to commercial motorboats.
AB495-ASA1, s. 5
25Section
5. 30.681 (1) (b) 2. of the statutes is created to read:
AB495-ASA1,3,5
130.681
(1) (b) 2. No person may engage in the operation of a commercial
2motorboat while the person has a blood alcohol concentration of 0.04% or more by
3weight of alcohol in his or her blood. No person may engage in the operation of a
4commercial motorboat while the person has 0.04 grams or more of alcohol in 210
5liters of his or her breath.
AB495-ASA1, s. 6
6Section
6. 30.681 (2) (b) of the statutes is renumbered 30.681 (2) (b) 1. and
7amended to read:
AB495-ASA1,3,128
30.681
(2) (b) 1. No person who has a blood alcohol concentration of 0.1% or
9more by weight of alcohol in his or her blood may cause injury to another person by
10the operation of a motorboat. No person who has 0.1 grams or more of alcohol in 210
11liters of his or her breath may cause injury to another person by the operation of a
12motorboat.
This subdivision does not apply to commercial motorboats.
AB495-ASA1, s. 7
13Section
7. 30.681 (2) (b) 2. of the statutes is created to read:
AB495-ASA1,3,1814
30.681
(2) (b) 2. No person who has a blood alcohol concentration of 0.04% or
15more by weight of alcohol in his or her blood may cause injury to another person by
16the operation of a commercial motorboat. No person who has 0.04 grams or more of
17alcohol in 210 liters of his or her breath may cause injury to another person by the
18operation of a commercial motorboat.
AB495-ASA1, s. 8
19Section
8. 30.681 (2) (d) of the statutes is renumbered 30.681 (2) (d) 1. and
20amended to read:
AB495-ASA1,4,321
30.681
(2) (d) 1.
In an action under this subsection
for a violation of the
22intoxicated boating law where the defendant was operating a motorboat that is not
23a commercial motorboat, the defendant has a defense if he or she proves by a
24preponderance of the evidence that the injury would have occurred even if he or she
25had been exercising due care and he or she had not been under the influence of an
1intoxicant or did not have a blood alcohol concentration of 0.1% or more by weight
2of alcohol in his or her blood or 0.1 grams or more of alcohol in 210 liters of his or her
3breath.
AB495-ASA1, s. 9
4Section
9. 30.681 (2) (d) 2. of the statutes is created to read:
AB495-ASA1,4,115
30.681
(2) (d) 2. In an action under this subsection for a violation of the
6intoxicated boating law where the defendant was operating a commercial motorboat,
7the defendant has a defense if he or she proves by a preponderance of the evidence
8that the injury would have occurred even if he or she had been exercising due care
9and he or she had not been under the influence of an intoxicant or did not have a blood
10alcohol concentration of 0.04% or more by weight of alcohol in his or her blood or 0.04
11grams or more of alcohol in 210 liters of his or her breath.
AB495-ASA1,4,14
13144.78 Environmental protection requirements for tank vessels. (1) 14Definitions. In this section:
AB495-ASA1,4,1515
(a) "Discharge" has the meaning given in s. 144.76 (1) (a).
AB495-ASA1,4,1616
(b) "Double hull" has the meaning given in
33 CFR 157.03 (kk).
AB495-ASA1,4,1717
(c) "Hazardous material" has the meaning given in
46 USC 2101 (14).
AB495-ASA1,4,1918
(d) "Oil" means hydrocarbon, vegetable or mineral oil of any kind or in any form
19and includes oil mixed with wastes other than dredged spoil.
AB495-ASA1,4,2120
(e) "Tank vessel" means a vessel that is constructed or adapted to carry, or that
21carries, oil or hazardous material in bulk as cargo or cargo residue.
AB495-ASA1,5,2
22(2) Prohibition. (a) Except as provided in par. (b) or (c), no tank vessel of under
235,000 gross tons may transport oil or hazardous material on that part of the
24Mississippi River over which this state has jurisdiction from the northern boundary
25of the Upper Mississippi River National Wildlife and Fish Refuge to the
1southernmost point of the Upper Mississippi River National Wildlife and Fish
2Refuge in this state unless the tank vessel has a double hull.
AB495-ASA1,5,43
(b) Paragraph (a) does not apply to a tank vessel when the tank vessel and its
4crew are in danger due to extreme weather conditions.
AB495-ASA1,5,75
(c) Paragraph (a) does not apply to a self-propelled tank vessel or a tank vessel
6that is propelled by a towing vessel if a tugboat accompanies the self-propelled tank
7vessel or tank vessel and towing vessel.
AB495-ASA1,5,10
8(3) Penalties. (a) Except as provided under par. (b), any person who owns or
9controls the movement of a tank vessel violating sub. (2) shall be required to forfeit
10not less than $5,000 nor more than $10,000.
AB495-ASA1,5,1411
(b) Any person who owns or controls the movement of a tank vessel violating
12sub. (2) and who, within 5 years before the commission of the current violation, was
13previously convicted of violating sub. (2) shall be fined not less than $10,000 nor more
14than $25,000 or imprisoned for not more than 6 months or both.
AB495-ASA1,5,1815
(c) In addition to any penalty under par. (a) or (b), any person who owns or
16controls the movement of a tank vessel violating sub. (2) from which oil or a
17hazardous material is discharged shall be required to forfeit triple the amount of the
18damage to the environment.
AB495-ASA1,5,21
20144.783 Open burning on commercial vessels. (1) Definitions. In this
21section:
AB495-ASA1,5,2322
(a) "Commercial vessel" means a vessel that is operated to transport property
23or passengers for hire or used by its operator or owner to earn a livelihood.
AB495-ASA1,5,2424
(b) "Open burning" has the meaning given in s. 144.436 (1) (b).
AB495-ASA1,6,2
1(2) Prohibition. No person may engage in or permit open burning on a
2commercial vessel in the waters of the state.
AB495-ASA1,6,4
3(3) Citations. The department may follow the procedures for the issuance of
4a citation under ss. 23.50 to 23.99 to collect a forfeiture for a violation of sub. (2).
AB495-ASA1,6,6
5(4) Penalty. Any person who violates sub. (2) shall be required to forfeit no less
6than $100 nor more than $500.
AB495-ASA1,6,22
9144.98 Enforcement; duty of department of justice; expenses. The
10attorney general shall enforce this chapter, except ss. 144.421
and, 144.422
and
11144.783, and all rules, special orders, licenses, plan approvals and permits of the
12department, except those promulgated or issued under ss. 144.421
and, 144.422
and
13144.783. The circuit court for Dane county or for any other county where a violation
14occurred in whole or in part has jurisdiction to enforce this chapter or the rule, special
15order, license, plan approval or permit by injunctional and other relief appropriate
16for enforcement. For purposes of this proceeding where this chapter or the rule,
17special order, license, plan approval or permit prohibits in whole or in part any
18pollution, a violation is deemed a public nuisance. The department of natural
19resources may enter into agreements with the department of justice to assist with
20the administration of this chapter. Any funds paid to the department of justice under
21these agreements shall be credited to the appropriation account under s. 20.455 (1)
22(k).
AB495-ASA1,7,3
1144.985 Inspecting vessels. An employe or agent of the department may
2board and inspect any vessel that is subject to s. 144.78 or 144.783 to determine the
3state of compliance with those provisions.
AB495-ASA1,7,116
144.99
(1) Any person who violates this chapter, except ss. 144.30 to 144.426,
7144.48 (4) (b),
144.78 (2), 144.783 (2), 144.941 to 144.944 and 144.96 (1), or any rule
8promulgated or any plan approval, license or special order issued under this chapter,
9except under those sections, shall forfeit not less than $10 nor more than $5,000, for
10each violation. Each day of continued violation is a separate offense. While the order
11is suspended, stayed or enjoined, this penalty does not accrue.
AB495-ASA1,7,1913
973.075
(1) (d) A tank vessel that violates s. 144.78 (2) that is owned by a person
14who, within 5 years before the commission of the current violation, was previously
15convicted of violating s. 144.78 (2), but if the tank vessel is encumbered by a bonafide
16perfected security interest that was perfected before the date of the commission of
17the current violation and the holder of the security interest neither had knowledge
18of nor consented to the commission of that violation, the holder of the security
19interest shall be paid from the proceeds of the forfeiture.
AB495-ASA1, s. 16
20Section
16. 973.075 (5) (intro.) of the statutes is amended to read:
AB495-ASA1,8,421
973.075
(5) (intro.) All forfeitures under ss. 973.075 to 973.077 shall be made
22with due provision for the rights of innocent persons under sub. (1) (b) 1. to 3
and (d).
23Any property seized but not forfeited shall be returned to its rightful owner. Any
24person claiming the right to possession of property seized may apply for its return
25to the circuit court for the county in which the property was seized. The court shall
1order such notice as it deems adequate to be given the district attorney and all
2persons who have or may have an interest in the property and shall hold a hearing
3to hear all claims to its true ownership. If the right to possession is proved to the
4court's satisfaction, it shall order the property returned if:
AB495-ASA1,8,11
6(1)
Legislative findings. The legislature finds that there is a serious threat
7to the environment of the Upper Mississippi River National Wildlife and Fish Refuge
8from discharges of oil and hazardous substances and that requiring double-hull
9construction or tugboat escort of vessels that transport oil and hazardous substances
10on the portion of the Mississippi River on or along which the refuge is located is the
11only effective method of preventing those discharges.
AB495-ASA1,8,16
13(1) The treatment of sections 30.50 (3d) and 30.681 (1) (b) and (2) (b) and (d)
14of the statutes and the creation of section 30.681 (1) (b) 2. and (2) (b) 2. and (d) 2. of
15the statutes first apply to offenses committed on the effective date of this subsection,
16but do not preclude the counting of prior convictions when sentencing a person.
AB495-ASA1, s. 19
17Section
19.
Effective dates. This act takes effect on the day after
18publication, except as follows:
AB495-ASA1,8,20
19(1)
Requirements for tank vessels. The treatment of sections 144.78 and
20973.075 (1) (d) and (5) (intro.) of the statutes takes effect on January 1, 1997.