AB439: Bill Text

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:

AB439,28,3 885.235 (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).

AB439,28,9 (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, s. 71 Section 71. Initial applicability.

AB439,28,14 (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, s. 72 Section 72. Effective dates. This act takes effect on the day after publication, except as follows:

AB439,28,19 (1)  The treatment of section 30.68 (3) (cg), (cr), (dm) 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.

AB439,28,20 (End)