AB439: Bill Text

LRB-0349/1

MGG:kg:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 439

June 8, 1995 - Introduced by Representatives Black, Baumgart and Bock, cosponsored by Senator Burke. Referred to Committee on Natural Resources.

AB439,2,2 An Act to renumber and amend 30.66 (3) (a), 30.66 (3) (b) and 30.69 (1); to amend 23.50 (1), 23.50 (3), 23.53 (1), 23.56 (1), 23.57 (1) (intro.), 23.58, 23.62 (1) (intro.), 29.09 (8m) (b), 30.61 (10) (a), 30.62 (2) (d) 1., 30.625 (1) (a), 30.68 (title), 30.68 (2), 30.68 (3) (b), 30.68 (3) (d), 30.68 (5m), 30.68 (9) and (10), 30.69 (2), 30.69 (3) (a), 30.69 (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 (1) (b), 30.74 (1) (c), 30.77 (3) (a), 30.77 (3) (am) 1., 30.77 (3) (b), 30.77 (3) (d), 30.79 (1) (b) 1., 30.79 (2), 30.79 (3), 30.79 (4), 30.79 (5), 30.80 (2), 30.80 (6) (a), 30.80 (6) (c), 30.80 (6) (e), 48.343 (5), 800.02 (2) (b) and 885.235 (1m) and (4); to repeal and recreate 30.68 (3) (b) and 30.68 (3) (d); and to create 30.61 (10) (c), 30.625 (1) (bn), 30.66 (2m), 30.66 (3) (a) 2. to 4., 30.66 (3) (b) 1. to 3., 30.66 (3) (c), 30.66 (3) (d), 30.68 (3) (a) (title), 30.68 (3) (c) (title), 30.68 (3) (cg), 30.68 (3) (cr), 30.68 (3) (dm), 30.68 (3) (e), 30.68 (13), 30.681 (1) (bn), 30.69 (1), 30.77 (3) (ar), 30.77 (3) (f), 30.771, 30.80 (6) (a) 4. and 5., 30.80 (6) (a) 6. and 30.80 (7) to (9) of the statutes; relating to: boating safety, the intoxicated boating law, regulation of personal watercraft, water skiing, local regulation of boating, granting rule-making authority and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes various changes in the laws governing boating safety. These changes include modifications to the laws governing the operation, by minors, of motorboats, including personal watercraft; to the intoxicated boating law; to the laws regulating water skiing; and to other laws regulating the operation of boats. Some of the changes are described below.

Intoxicated boating law

The changes under this bill to the intoxicated boating law, which covers the operation of motorboats, including personal watercraft, are the following:

1. The bill imposes an absolute-sobriety requirement on a person under 19 years old who is operating a motorboat. Under current law, there is no such requirement.

2. The bill increases the minimum jail term imposed on a person who is convicted 4 or more times for violating the intoxicated boating law. Under current law, the minimum jail term is 30 days. The bill increases the minimum jail term for a person convicted 4 times to 60 days. For a person convicted 5 or more times, the bill increases the minimum jail term to 6 months. Under current law and under the bill, the maximum jail term for persons who are convicted 4 or more times is one year.

3. The bill requires a court to order a person whom the court has convicted of a violation of the intoxicated boating law not to operate a motorboat for a certain period of time. The time periods range from a minimum of 6 months for a first conviction to a maximum of 36 months for a 3rd or subsequent conviction that occurs within 5 years of the first conviction. The bill also establishes penalties, including the impoundment of motorboats, for violations of these court orders.

Boating safety course and examination; age restrictions on the operation of motorboats, including personal watercraft

Boating safety course and examination

Beginning on January 1, 1997, the bill requires persons who are 18 years of age or older and who were born on or after January 1, 1979, to hold a boating safety certificate in order to operate a motorboat, including a personal watercraft. Under the bill, these adults may obtain their certificates by either passing an examination or by successfully completing a boating safety course. Current law does not require persons who are 18 years of age or older to have a boating safety certificate in order to operate any type of boat.

Minors 10 or 11 years old

Under current law, a minor who is 10 or 11 years old may not operate a personal watercraft. This bill makes no change in this prohibition. In order to operate a motorboat that is not a personal watercraft (regular motorboat), under current law a minor in this age bracket must be accompanied by a parent or guardian or an adult designated by the parent or guardian. Under the bill, such a person must accompany the minor and the minor must have a valid boating safety certificate showing that he or she has completed the boating safety course administered by the department of natural resources (DNR).

Minors 12 to 15 years old

Under current law, a minor who is at least 12 years old but under 16 years old may not operate a regular motorboat unless he or she is accompanied in the manner described in the preceding paragraph or has a valid boating safety certificate. Under the bill, a minor in this age bracket must have the boating safety certificate regardless of whether he or she is accompanied.

Under current law, a minor in this age bracket must have a valid boating safety certificate to operate a personal watercraft. Under the bill, a minor in this age bracket is prohibited from operating a personal watercraft.

Minors 16 or 17 years old

Under current law, there are no restrictions on the operation of a regular motorboat or a personal watercraft by a minor who is 16 or 17 years old. Under the bill, a minor in this age bracket must have a valid boating safety certificate to operate either of these types of boat. A 16-year-old or 17-year-old may obtain the certificate either by passing a boating safety course or the examination.

The bill increases the fee for the boating safety course from $2 to $5. The bill does not authorize DNR to charge a fee for the boating safety examination.

The bill also makes it mandatory that a person take the boating safety course under certain circumstances regardless of whether the person has a boating safety certificate. These include persons who are convicted of negligently operating a motorboat and persons who are convicted under the intoxicated boating law.

Other laws regulating the operation of motorboats, including personal watercraft

The following changes apply both to regular motorboats and personal watercraft:

1. A person who is charged with violating a speed limit may not raise the defense that he or she did not know how fast the motorboat was moving because the motorboat lacked a speedometer.

2. The bill expands the areas where a person may not operate a motorboat in excess of slow-no-wake speed to include the areas within 100 feet of a lake shoreline and within 100 feet of certain boats.

3. The bill requires a motorboat operator to use corrective lenses if the operator is required to use corrective lenses while operating a motor vehicle. The bill also provides that a person who is prohibited from operating a motor vehicle during nighttime hours may not operate a motorboat during nighttime hours.

4. The bill eliminates an exception to the requirement that an observer be on board a motorboat that is towing a water skier and extends the current restrictions on water skiers and motorboats pulling water skiers to persons who water-ski while barefoot.

Changes applicable only to personal watercraft

The bill makes changes to current law regulating the operation of personal watercraft. These changes include the following:

1. The bill allows the operation of personal watercraft at night if the operation is necessary for an emergency. Current law does not allow the nighttime operation of personal watercraft for any purpose.

2. The bill prohibits a personal watercraft operator from towing any watercraft or other object except for a stranded or disabled boat and requires that the towing of such a boat not exceed slow-no-wake speed. Under current law, there is no restriction on a personal watercraft operator towing any watercraft, except that if he or she is towing a stranded or disabled boat he or she may not exceed slow-no-wake speed.

Local regulation

The bill requires DNR to promulgate rules establishing 3 advisory model ordinances for local units of government to consider when adopting regulations regarding the equipment, use and operation of boats on inland lakes. The bill also allows DNR, upon request of a local unit of government, to impose a boating safety regulation on any equipment, use or operation of boats if there is no local regulation in effect and if other requirements are met.

In addition, the bill modifies the current law that allows local regulations to be adopted in the interest of public health, safety or welfare to include the public's interest in preserving the state's natural and scenic resources.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB439, s. 1 Section 1. 23.50 (1) of the statutes is amended to read:

AB439,5,5 23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing board under s. 16.21 (7) (k), violations of regulations imposed under s. 30.771 or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

AB439, s. 2 Section 2. 23.50 (3) of the statutes is amended to read:

AB439,5,14 23.50 (3) All actions in municipal court to recover forfeitures, penalty assessments and jail assessments for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77 or for violations of regulations imposed under s. 30.771 shall utilize the procedure in ch. 800. The actions shall be brought before the municipal court having jurisdiction. Provisions relating to citations, arrests, questioning, releases, searches, deposits and stipulations of no contest in ss. 23.51 (1), (3) and (8), 23.53, 23.54, 23.56 to 23.64, 23.66 and 23.67 shall apply to violations of such ordinances or regulations.

AB439, s. 3 Section 3. 23.53 (1) of the statutes is amended to read:

AB439,6,6 23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo valley governing board under s. 16.21 (7) (k), be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 159.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77 or for violations of regulations imposed under s. 30.771.

AB439, s. 4 Section 4. 23.56 (1) of the statutes is amended to read:

AB439,6,14 23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing board under s. 16.21 (7) (k), any regulation imposed under s. 30.771 or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.