LRBs0602/2
MGG:jlg&mfd:km
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 426
March 11, 1998 - Offered by
Joint committee on Finance.
AB426-ASA1,2,3
1An Act to repeal 30.74 (intro.) (except 30.74 (title));
to renumber and amend
230.547 and 30.68 (10);
to amend 30.50 (4m), 30.50 (9x), 30.501 (1), 30.501 (5),
330.505, 30.51 (2) (a) 4., 30.51 (2) (c) 4., 30.52 (1) (c), 30.52 (3m) (a), 30.52 (5) (a)
41., 30.52 (5) (a) 3., 30.52 (5) (b) 1., 30.523 (2) (c), 30.523 (3), 30.531 (2), 30.533
5(1) (intro.), 30.539 (2), 30.549 (1) (a), 30.66 (3) (a), 30.68 (6), 30.68 (9), 30.74 (1)
6(a), 30.74 (1) (b), 30.74 (1) (c), 30.74 (2) (a), 30.74 (3), 30.80 (6) (a), 30.80 (6) (c),
730.80 (6) (e), 885.235 (1m), 885.235 (4) and 938.343 (5);
to repeal and recreate
830.547 (title); and
to create 30.50 (1j), 30.52 (1) (b) 1r., 30.52 (3) (im), 30.52 (5)
9(bn), 30.547 (2), 30.547 (3), 30.547 (4), 30.681 (1) (bn), 30.74 (1) (bn), 30.80 (2k),
1030.80 (2m), 30.80 (3m), 30.80 (6) (a) 4. and 5., 30.80 (6) (a) 6. and 971.19 (10) of
11the statutes;
relating to: the intoxicated boating law; capacity plates on boats;
12certificate of number and registration requirements for boats; prohibitions
13against falsifying boat titles and other documentation; prohibitions against
1operating boats using unsafe methods and in certain locations; boating safety
2course and certificates; granting rule-making authority; and providing
3penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB426-ASA1,2,65
30.50
(1j) "Application" includes the form designated by the department and
6any supporting document or other information that is submitted to the department.
AB426-ASA1,2,108
30.50
(4m) "Intoxicated boating law" means s. 30.681 (1) or a local ordinance
9in conformity with that
section subsection, s. 30.681 (2) or, if the operation of a
10motorboat is involved, s. 940.09 or 940.25.
AB426-ASA1,2,1312
30.50
(9x) "Refusal law" means s. 30.684 (5) or a local ordinance in conformity
13with that
section subsection.
AB426-ASA1,2,2015
30.501
(1) Every vessel less than
26
20 feet in length designed to carry 2 or more
16persons and to be propelled by machinery as its principal source of power or designed
17to be propelled by oars shall, if manufactured or offered for sale in this state, have
18affixed permanently thereto by the manufacturer a capacity plate as required by this
19section. As used in this section "manufacture" means to construct or assemble a
20vessel or alter a vessel so as to change its weight capacity.
AB426-ASA1,3,722
30.501
(5) The information appearing on a capacity plate shall be deemed to
23warrant that the manufacturer, or the person affixing the capacity plate as permitted
1by sub. (4), has correctly and faithfully employed a method and formula for the
2calculation of maximum weight capacity prescribed by the department and that the
3information appearing on the capacity plate with respect to maximum weight
4capacity and recommended number of persons is the result of
the application of 5applying such method and formula, and with respect to information concerning
6horsepower limitations that such information is not a deliberate or negligent
7misrepresentation.
AB426-ASA1,3,15
930.505 Certificate of number system to conform to federal system. The
10certificate of number system and the issuance of identification numbers employed
11by the department shall be in conformity with the overall system of identification
12numbering for
motorboats boats established by the U.S. government. The
13department shall promulgate rules as are necessary to bring the state certificate of
14number system and the issuance of identification numbers into conformity with this
15federal system.
AB426-ASA1, s. 7
16Section
7. 30.51 (2) (a) 4. of the statutes is amended to read:
AB426-ASA1,3,1917
30.51
(2) (a) 4. Operated within a period of
15 60 days after application for a
18certificate of number has been made and the required fee has been paid, if proof of
19application is carried on board.
AB426-ASA1, s. 8
20Section
8. 30.51 (2) (c) 4. of the statutes is amended to read:
AB426-ASA1,3,2321
30.51
(2) (c) 4. Operated within
15
60 days after an application for registration
22is made and the required fee is paid if proof of the application for registration is
23carried on board the boat.
AB426-ASA1, s. 9
24Section
9. 30.52 (1) (b) 1r. of the statutes is created to read:
AB426-ASA1,4,4
130.52
(1) (b) 1r. A person applying for registration of a federally documented
2vessel shall submit as part of the application a photocopy of the front and back of the
3federal certificate of documentation for the vessel, which must be current at the time
4of applying for registration.
AB426-ASA1,4,126
30.52
(1) (c)
Application for duplicates. If a certificate of number card, a
7registration card, a certification sticker or decal or a registration sticker or decal is
8lost or destroyed the owner may apply for a duplicate. The
application shall be made
9upon a form designated by the department and owner shall submit an application
10which shall be accompanied by the required fee for each duplicate certificate of
11number card, registration card, certification sticker or decal or registration sticker
12or decal applied for.
AB426-ASA1,4,1614
30.52
(3) (im)
Dealer or manufacturer fees. A manufacturer or dealer in boats
15may, at the manufacturer's or dealer's option, pay a fee of $50 for the issuance or
16renewal of a certificate of number.
AB426-ASA1,4,2118
30.52
(3m) (a) Any applicant for the issuance or renewal of a certificate of
19number or registration under sub. (3) (b) to
(i)
(im) may, in addition to paying the fee
20charged for the certificate, elect to make a voluntary $1 contribution to be used for
21lake research.
AB426-ASA1,5,523
30.52
(5) (a) 1. Upon receipt of a proper application for the issuance or renewal
24of a certificate of number accompanied by the required fee, a sales tax report
and, the
25payment of any sales and use tax due under s. 77.61 (1)
and any other information
1the department determines to be necessary, the department shall issue to the
2applicant a certificate of number card. The certificate of number card shall state the
3identification number awarded, the name and address of the owner and other
4information the department
deems determines to be necessary. The certificate of
5number card shall be of pocket size and of durable water resistant material.
AB426-ASA1,5,157
30.52
(5) (a) 3. At the time the department issues a certificate of number card,
8it shall award an identification number. The department shall provide the applicant
9with instructions concerning the painting or attachment of the awarded
10identification number to the boat. The identification number shall be awarded to a
11particular boat unless the owner
of the boat is a manufacturer of or dealer in boats,
12motors or trailers
who has paid the fee under sub. (3) (im) and
desires to use the
13identification number
on his or her boats only while being tested or demonstrated or
14while being used for the purpose of testing or demonstrating a motor or trailer is used
15on that boat.
AB426-ASA1,5,2317
30.52
(5) (b) 1. Upon receipt of a proper application for the issuance or renewal
18of a registration accompanied by the required fee
and
, a sales tax report, the payment
19of any sales and use tax due under s. 77.61 (1)
and any other information the
20department determines to be necessary, the department shall issue to the applicant
21a registration card. The registration card shall state the name and address of the
22owner and other information the department
deems
determines to be necessary. The
23registration card shall be of pocket size and of durable water resistant material.
AB426-ASA1,6,3
130.52
(5) (bn)
Sales tax information required. 1. For an application submitted
2under par. (a) 1. or (b) 1., the purchaser of the boat shall complete the sales tax
3information required by the department on the application unless subd. 2. applies.
AB426-ASA1,6,64
2. For an application submitted under par. (a) 1. or (b) 1., if the seller is a
5manufacturer or a dealer, the manufacturer or dealer shall complete the sales tax
6information if the manufacturer or dealer agrees to do so on behalf of the purchaser.
AB426-ASA1,6,148
30.523
(2) (c)
Stickers or decals for boats owned by manufacturers and dealers. 9Notwithstanding
pars. par. (a)
and (b), a manufacturer or dealer in boats, motors or
10trailers
who has paid the fee under s. 30.52 (3) (im) may attach or affix the
11certification
or registration stickers or decals to removable signs to be temporarily
12but firmly mounted upon or attached to the boat while the boat is being
tested or
13demonstrated or while the boat is being used in connection with the testing or
14demonstration of a motor or trailer operated.
AB426-ASA1,7,416
30.523
(3) Display of identification number. Upon being issued a certificate
17of number card and awarded an identification number, the owner of the boat shall
18paint on or attach the identification number to each side of the forward half of the
19boat in the manner prescribed by rules promulgated by the department. The owner
20shall paint or attach the identification number so it is clearly visible and shall
21maintain the identification number in a legible condition at all times. A
22manufacturer or dealer in boats, motors or trailers
who has paid the fee under s.
2330.52 (3) (im) may paint the identification number on or attach the identification
24number to removable signs to be temporarily but firmly mounted upon or attached
25to the boat while being
tested or demonstrated or while being used in connection with
1the testing or demonstrating of a motor or trailer operated. No number other than
2the identification number awarded by the department or granted reciprocity under
3this chapter may be painted, attached or otherwise displayed on either side of the
4forward half of a boat.
AB426-ASA1,7,116
30.531
(2) Prerequisite to registration. Except as provided in sub. (3), an
7applicant's eligibility for a certificate of title is a prerequisite to registration of the
8boat. If the applicant for registration holds a valid certificate of title previously
9issued to the applicant by the department for the boat, that is prima facie evidence
10of ownership of the boat and the applicant need not apply for a new certificate of title
11on application when applying for registration.
AB426-ASA1, s. 20
12Section
20. 30.533 (1) (intro.) of the statutes is amended to read:
AB426-ASA1,7,1613
30.533
(1) Certificate; contents. (intro.) An application for a certificate of
14title shall be made to the department
upon a form prescribed by it and shall be
15accompanied by the required fee. Each application for certificate of title shall contain
16the following information:
AB426-ASA1,7,2118
30.539
(2) Forms. The certificate of title shall contain forms for assignment and
19warranty of title by the owner, and for assignment and warranty of title by a dealer,
20or insurance company, and may contain forms for
application applying for a
21certificate of title by a transferee.
AB426-ASA1, s. 22
22Section
22. 30.547 (title) of the statutes is repealed and recreated to read:
