AB439: Bill Text

AB439, s. 36 Section 36. 30.681 (1) (bn) of the statutes is created to read:

AB439,14,11 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below age 19. A person who has not attained the age of 19 may not engage in the operation of a motorboat while he or she has a blood alcohol concentration of more than 0.0% but not more than 0.1% by weight of alcohol in his or her blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of his or her breath.

AB439, s. 37 Section 37. 30.69 (1) of the statutes is renumbered 30.69 (1m), and 30.69 (1m) (a) and (c), as renumbered, are amended to read:

AB439,15,2 30.69 (1m) (a) Except as provided in par. (b), no person may operate a motorboat towing a person on water skis, aquaplane or similar device who is engaged in water skiing unless there is in the boat motorboat a competent person in addition to the operator in a position to observe the progress of the person being towed. An observer shall be considered competent if that person can in fact observe the person being towed and relay any signals to the operator. This observer requirement does not apply to motorboats classified as Class A motorboats by the department actually operated by the persons being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. No person may engage in water skiing, aquaplaning or similar activity, at any time from sunset to sunrise. This restriction of the hours of water skiing does not prevent restrictions of the hours of water skiing between sunrise and sunset by local ordinances enacted pursuant to s. 30.77 (3) or regulations imposed pursuant to s. 30.771.

AB439,15,6 (c) In addition to complying with par. (a), no person may operate a personal watercraft that is towing a person who is on water skis, an aquaplane or similar device engaged in water skiing unless the personal watercraft is designed to seat at least 3 persons.

AB439, s. 38 Section 38. 30.69 (1) of the statutes is created to read:

AB439,15,9 30.69 (1) Definition. In this section, "water skiing" includes water skiing using water skis, an aquaplane or a similar device and barefoot water skiing.

AB439, s. 39 Section 39. 30.69 (2) of the statutes is amended to read:

AB439,15,15 30.69 (2) Careful and prudent operation. A person operating a motorboat having in tow a person on water skis, aquaplane or similar device who is engaged in water skiing shall operate such boat the motorboat in a careful and prudent manner and at a reasonable distance from persons and property so as not to endanger the life or property of any person.

AB439, s. 40 Section 40. 30.69 (3) (a) of the statutes is amended to read:

AB439,15,20 30.69 (3) (a) No person operating a motorboat that is towing persons engaged in water skiing, aquaplaning or similar activity may operate the motorboat within 100 feet of any occupied anchored boat, any personal watercraft or any marked swimming area or public boat landing.

AB439, s. 41 Section 41. 30.69 (3) (b) of the statutes is amended to read:

AB439,15,24 30.69 (3) (b) No person who is engaged in water skiing , aquaplaning or similar activity may get within 100 feet of a personal watercraft or allow the tow rope while in use to get within 100 feet of a personal watercraft.

AB439, s. 42 Section 42. 30.69 (3) (c) 1. of the statutes is amended to read:

AB439,16,2 30.69 (3) (c) 1. A motorboat towing a person who is engaged in water skiing, aquaplaning or similar activity.

AB439, s. 43 Section 43. 30.69 (3) (c) 2. of the statutes is amended to read:

AB439,16,5 30.69 (3) (c) 2. The tow rope of a motorboat towing a person who is engaged in water skiing, aquaplaning or similar activity.

AB439, s. 44 Section 44. 30.69 (3) (c) 3. of the statutes is amended to read:

AB439,16,8 30.69 (3) (c) 3. A person who is engaged in water skiing, aquaplaning or similar activity.

AB439, s. 45 Section 45. 30.69 (3) (d) of the statutes is amended to read:

AB439,16,14 30.69 (3) (d) Paragraphs (a) to (c) do not apply to pickup or drop areas that are a person who is water skiing or a motorboat towing that person in an area that is marked with regulatory markers and that are is open to operators of personal watercraft and to persons and motorboats engaged in water skiing the person or motorboat for pickup or drop-off purposes.

AB439, s. 46 Section 46. 30.69 (4) of the statutes is amended to read:

AB439,16,21 30.69 (4) Intoxicated operation. No person may use water skis, an aquaplane or a similar device engage in water skiing while under the influence of an intoxicant to a degree which renders him or her incapable of safely using water skis, an aquaplane or a similar device, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely using water skis, an aquaplane or a similar device water skiing.

AB439, s. 47 Section 47. 30.74 (1) (b) of the statutes is amended to read:

AB439,17,4 30.74 (1) (b) The department shall prescribe the course content, and the form of the certificate and may collect $2 $5 from each person who enrolls in the course. The department may authorize instructors conducting such courses meeting standards established by it to retain $1 $2.50 of the fee to defray expenses incurred locally to operate the program. The remaining $1 $2.50 of the fee shall be retained by the department for the purpose of defraying a part of its expenses incurred to operate the program.

AB439, s. 48 Section 48. 30.74 (1) (c) of the statutes is amended to read:

AB439,17,10 30.74 (1) (c) Valid certificates For purposes of s. 30.68 (3), a valid certificate issued by other states or provinces held by persons between the ages of 10 and 16 years will be honored another state or a province of Canada may be used by the holder of the certificate in lieu of a certificate issued under par. (a) if the course content substantially meets that established by the department.

AB439, s. 49 Section 49. 30.77 (3) (a) of the statutes is amended to read:

AB439,17,20 30.77 (3) (a) Any town, village or city may, in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural and scenic resources, enact ordinances applicable on any waters of this state within its jurisdiction if the ordinances are not contrary to or inconsistent with this chapter and if the ordinances relate to the equipment, use or operation of boats or to any activity regulated by ss. 30.60 to 30.71. Except as provided under s. 33.455 (3) (b), no such ordinance that pertains to the equipment, use or operation of a boat on an inland lake is valid unless all towns, cities and villages having jurisdiction on the waters of the lake have enacted an identical ordinance.

AB439, s. 50 Section 50. 30.77 (3) (am) 1. of the statutes is amended to read:

AB439,18,2 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 and scenic resources, enact and enforce ordinances applicable to a lake entirely within its boundaries if each town, village and city having jurisdiction on the lake adopts a resolution authorizing the lake district to do so.

AB439, s. 51 Section 51. 30.77 (3) (ar) of the statutes is created to read:

AB439,18,9 30.77 (3) (ar) The department shall promulgate rules establishing, and make available to applicable local units of government, 3 advisory model ordinances for the local units of government to consider when enacting their ordinances regarding the equipment, use and operation of boats on inland lakes under par. (a) or (am). The model ordinances shall provide different provisions based on the density of boating traffic on inland lakes.

AB439, s. 52 Section 52. 30.77 (3) (b) of the statutes is amended to read:

AB439,18,18 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 and scenic 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, s. 53 Section 53. 30.77 (3) (d) of the statutes is amended to read:

AB439,19,12 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 and scenic 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, s. 54 Section 54. 30.77 (3) (f) of the statutes is created to read:

AB439,19,17 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, s. 55 Section 55. 30.771 of the statutes is created to read:

AB439,19,23 30.771 Regulation by department. (1) The department may impose a regulation on any aspect of the equipment, use or operation of boats for which there is no local ordinance under s. 30.77 (3) (a) or (am) on any inland lake over which 2 or more towns, villages or cities have jurisdiction if all of the following conditions are met:

AB439,20,3 (a) At least one town, village or city having jurisdiction over the lake, or a public inland lake protection and rehabilitation district that has the lake entirely within its boundaries, requests the department to impose the regulation.

AB439,20,6 (b) The department determines that it would be in the interest of public health, safety or welfare, including the public's interest in preserving the state's natural and scenic resources, to impose the regulation requested.

AB439,20,8 (2) A regulation imposed under sub. (1) shall be enforced by wardens who are employes of the department using the authority and processes under s. 29.05.

AB439,20,10 (3) Municipalities and public inland lake protection and rehabilitation districts may enforce regulations imposed under sub. (1).

AB439, s. 56 Section 56. 30.79 (1) (b) 1. of the statutes is amended to read:

AB439,20,16 30.79 (1) (b) 1. A unit within an existing municipal law enforcement agency or a separate municipal agency, created by a municipality or by a number of municipalities riparian to a single body of water for the purpose of enforcing ss. 30.50 to 30.80 and any rules promulgated and, ordinances enacted or regulations under ss. 30.50 to 30.80 and for the purpose of conducting search and rescue operations.

AB439, s. 57 Section 57. 30.79 (2) of the statutes is amended to read:

AB439,20,22 30.79 (2) State aid. In order to protect public rights in navigable waters and to promote public health, safety and welfare and the prudent and equitable use of the navigable waters of the state, a system of state aids for local enforcement of ss. 30.50 to 30.80 and ordinances enacted or regulations under ss. 30.50 to 30.80 and for conducting search and rescue operations is established.

AB439, s. 58 Section 58. 30.79 (3) of the statutes is amended to read:

AB439,21,5 30.79 (3) Enforcement powers. Officers patrolling the waters as part of a water safety patrol unit may stop and board any boat for the purpose of enforcing ss. 30.50 to 30.80 or any rules promulgated or, ordinances enacted or regulations under ss. 30.50 to 30.80 and for conducting search and rescue operations, if the officers have reasonable cause to believe there is a violation of the sections, rules or ordinances or the stopping and boarding of any boat is essential to conduct a search and rescue operation.

AB439, s. 59 Section 59. 30.79 (4) of the statutes is amended to read:

AB439,21,20 30.79 (4) Jurisdiction. Upon petition by any local governmental unit or group of local governmental units operating or intending to operate a water safety patrol unit, the department shall, if it finds that it is in the interest of efficient and effective enforcement to do so, by rule define the waters which may be patrolled by the unit, including waters lying within the territorial jurisdiction of some other town, village or city if the town, village or city consents to the patrol of its waters. Such consent is not required if the petitioner is a local governmental unit containing a population of 5,000 or more, bordering upon the waters to be affected by the rule in counties having a population of less than 500,000. Officers patrolling the waters as part of the water safety patrol unit shall have the powers of sheriff in enforcing ss. 30.50 to 30.80, or rules promulgated or, ordinances enacted or regulations under ss. 30.50 to 30.80 and in conducting search and rescue operations, on any of the waters so defined, whether or not the waters are within the jurisdiction of the local governmental unit for other purposes.

AB439, s. 60 Section 60. 30.79 (5) of the statutes is amended to read:

AB439,22,14 30.79 (5) Payment of aids. On or before January 31 of the year following the year in which a local governmental unit operated a water safety patrol unit, it shall file with the department on the forms prescribed by it a detailed statement of the costs incurred by the local governmental unit in the operation of the water safety patrol unit during the past calendar year and of the receipts resulting from fines or forfeitures imposed upon persons convicted of violations of ordinances enacted under s. 30.77 or regulations imposed under s. 30.771. The department shall audit the statement and determine the net costs that are directly attributable to the operation and maintenance of the water safety patrol unit, including a reasonable amount for depreciation of equipment. In calculating the net costs, the department shall deduct any fines or forfeitures imposed on persons convicted of violations of ordinances under s. 30.77 or regulations imposed under s. 30.771 and any costs that do not comply with the rules promulgated under sub. (2m). The department shall compute the state aids on the basis of 75% of these net costs and shall cause the aids to be paid on or before April 1 of the year in which the statements are filed. If the state aids payable to local governmental units exceed the moneys available for such purpose, the department shall prorate the payments. No local governmental unit may receive state aid amounting to more than 20% of the funds available.

AB439, s. 61 Section 61. 30.80 (2) of the statutes is amended to read:

AB439,22,25 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, s. 62 Section 62. 30.80 (6) (a) of the statutes is amended to read:

AB439,23,5 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.

AB439,23,10 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.

AB439,23,15 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, s. 63 Section 63. 30.80 (6) (a) 4. and 5. of the statutes are created to read:

AB439,23,21 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.

AB439,24,2 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, s. 64 Section 64. 30.80 (6) (a) 6. of the statutes is created to read:

AB439,24,4 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) shall forfeit $50.

AB439, s. 65 Section 65. 30.80 (6) (c) of the statutes is amended to read:

AB439,24,8 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, s. 66 Section 66. 30.80 (6) (e) of the statutes is amended to read:

AB439,24,20 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, s. 67 Section 67. 30.80 (7) to (9) of the statutes are created to read:

AB439,24,25 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.

AB439,25,5 (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.

AB439,25,10 (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.

AB439,25,13 (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.

AB439,25,17 (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.

AB439,25,19 (8) Any person operating a motorboat in violation of a court order under sub. (7) shall be subject to the following penalties:

AB439,25,21 (a) Except as provided in pars. (b) to (e), a forfeiture of not less than $150 nor more than $600.

AB439,25,25 (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.

AB439,26,4 (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.

AB439,26,8 (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.

AB439,26,12 (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.

AB439,26,17 (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.

AB439,26,23 (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, s. 68 Section 68. 48.343 (5) of the statutes is amended to read:

AB439,27,7 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, s. 69 Section 69. 800.02 (2) (b) of the statutes is amended to read:

AB439,27,14 800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or 30.77 or for violations of regulations imposed under s. 30.771, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).

AB439, s. 70 Section 70. 885.235 (1m) and (4) of the statutes are amended to read: