AB439: Bill Text

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.

AB439, s. 5 Section 5. 23.57 (1) (intro.) of the statutes is amended to read:

AB439,6,22 23.57 (1) (intro.)  A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed 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; and:

AB439, s. 6 Section 6. 23.58 of the statutes is amended to read:

AB439,7,10 23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed 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. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

AB439, s. 7 Section 7. 23.62 (1) (intro.) of the statutes is amended to read:

AB439,7,18 23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed 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, the officer may proceed in the following manner:

AB439, s. 8 Section 8. 29.09 (8m) (b) of the statutes is amended to read:

AB439,7,24 29.09 (8m) (b) A person holding a current fishing license and a trolling permit or a permit issued under sub. (9) (c) 1. may fish or troll in the waters of this state using an electric motor with no more than 36 pounds of thrust, notwithstanding any ordinances enacted under s. 30.77 (3) or regulations imposed under s. 30.771 that prohibit the use of motor boats on navigable waters.

AB439, s. 9 Section 9. 30.61 (10) (a) of the statutes is amended to read:

AB439,8,5 30.61 (10) (a) Notwithstanding subs. (1), (2), (8) and (9), no person may operate a personal watercraft at any time from sunset to sunrise. This restriction on the hours of operation of a personal watercraft does not prevent restrictions on the hours of operation between sunrise and sunset by the ordinances enacted under s. 30.77 (3) or by regulations imposed under s. 30.771.

AB439, s. 10 Section 10. 30.61 (10) (c) of the statutes is created to read:

AB439,8,10 30.61 (10) (c) Notwithstanding par. (a), a person may operate a personal watercraft during the time between sunset and sunrise if the operation of the personal watercraft is necessary for an emergency and if the operation complies with the applicable lighting requirements under subs. (1), (2), (8) and (9).

AB439, s. 11 Section 11. 30.62 (2) (d) 1. of the statutes is amended to read:

AB439,8,14 30.62 (2) (d) 1. No person may manufacture and or offer for sale any motorboat for use on the waters of this state if the motorboat cannot be operated in such a manner so as to comply with the noise level requirements under par. (b).

AB439, s. 12 Section 12. 30.625 (1) (a) of the statutes is amended to read:

AB439,8,20 30.625 (1) (a) Rent or lease a personal watercraft for operation by a person who will be operating a personal watercraft for the first time and who does not hold a valid certificate issued under s. 30.68 (3) (e) or 30.74 (1) unless the person engaged in the rental or leasing gives the person instruction on how to operate a personal watercraft.

AB439, s. 13 Section 13. 30.625 (1) (bn) of the statutes is created to read:

AB439,8,24 30.625 (1) (bn) Rent or lease a personal watercraft to a person who is 16 or 17 years of age unless the person holds a valid certificate issued under s. 30.68 (3) (e) or 30.74 (1).

AB439, s. 14 Section 14. 30.66 (2m) of the statutes is created to read:

AB439,9,4 30.66 (2m) Lack of speedometer not a defense. In any forfeiture or criminal action for an alleged violation of sub. (1) or (2), 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. 15 Section 15. 30.66 (3) (a) of the statutes is renumbered 30.66 (3) (a) (intro.) and amended to read:

AB439,9,9 30.66 (3) (a) (intro.) Except under s. 30.69 (3), no No person may operate a motorboat within that is not a personal watercraft at a speed in excess of slow-no-wake in any of the following areas:

AB439,9,11 1. Within 100 feet of any dock, raft, pier or buoyed restricted area on any lake at a speed in excess of slow-no-wake speed.

AB439, s. 16 Section 16. 30.66 (3) (a) 2. to 4. of the statutes are created to read:

AB439,9,13 30.66 (3) (a) 2. Within 100 feet of the shoreline of any lake.

AB439,9,15 3. Within 100 feet of a boat, other than a motorboat or a sailboat, that is being operated.

AB439,9,16 4. Within 100 feet of any boat that is not being operated.

AB439, s. 17 Section 17. 30.66 (3) (b) of the statutes is renumbered 30.66 (3) (b) (intro.) and amended to read:

AB439,9,22 30.66 (3) (b) (intro.) No person may operate a personal watercraft at a speed in excess of slow-no-wake within 100 feet of any other boat. This paragraph does not apply if s. 30.69 (3) (a), (c) or (d) applies to the operation of the personal watercraft. in any of the following areas:

AB439, s. 18 Section 18. 30.66 (3) (b) 1. to 3. of the statutes are created to read:

AB439,9,25 30.66 (3) (b) 1. Within 100 feet of any dock, raft, pier or buoyed restricted area on any lake.

AB439,10,1 2. Within 100 feet of the shoreline of any lake.

AB439,10,2 3. Within 100 feet of any boat, regardless of whether the boat is being operated.

AB439, s. 19 Section 19. 30.66 (3) (c) of the statutes is created to read:

AB439,10,7 30.66 (3) (c) Notwithstanding pars. (a) and (b), if a person who is operating a motorboat is towing a person who is engaged in water skiing, as defined in s. 30.69 (1), the provisions under s. 30.69 (3) (a) and (c) shall apply to the extent that they are more restrictive than the provisions under pars. (a) and (b).

AB439, s. 20 Section 20. 30.66 (3) (d) of the statutes is created to read:

AB439,10,12 30.66 (3) (d) The distance restrictions in pars. (a) to (c) do not apply to a person who is water skiing, as defined in s. 30.69 (1), or a motorboat towing that person, in an area that is marked with regulatory markers and that is open to the person or motorboat for pickup or drop-off purposes.

AB439, s. 21 Section 21. 30.68 (title) of the statutes is amended to read:

AB439,10,14 30.68 (title) Prohibited and restricted operation.

AB439, s. 22 Section 22. 30.68 (2) of the statutes is amended to read:

AB439,10,20 30.68 (2) Negligent operation. No person may operate or use any boat, or manipulate any water skis, aquaplane or similar device engage in water skiing, as defined in s. 30.69 (1), upon the waters of this state in a careless, negligent or reckless manner so as to endanger that person's his or her life, property or person or the life, property or person of another.

AB439, s. 23 Section 23. 30.68 (3) (a) (title) of the statutes is created to read:

AB439,10,22 30.68 (3) (a) (title) Incapacitated persons.

AB439, s. 24 Section 24. 30.68 (3) (b) of the statutes is amended to read:

AB439,11,9 30.68 (3) (b) (title) Minors under age 16; motorboats other than personal watercraft. No person under the age of 10 years may operate a motorboat. Persons No person who is at least 10 and years of age but less than 12 years of age may operate a motorboat only if they are unless he or she is either accompanied in the boat motorboat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Persons No person who is at least 12 and years of age but less than 16 years of age may operate a motor of any horsepower, but only if they are motorboat unless he or she is either accompanied in the motorboat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or unless he or she is in possession of a valid certificate issued under s. 30.74 (1). This paragraph does not apply to personal watercraft.

AB439, s. 25 Section 25. 30.68 (3) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB439,11,19 30.68 (3) (b) Minors under age 16; motorboats other than personal watercraft. No person under the age of 10 years may operate a motorboat. No person who is at least 10 years of age but less than 12 years of age may operate a motorboat unless he or she holds a valid certificate issued under s. 30.74 (1) and is accompanied in the motorboat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. No person who is at least 12 years of age but less than 16 years of age may operate a motorboat unless he or she holds a valid certificate issued under s. 30.74 (1). This paragraph does not apply to personal watercraft.

AB439, s. 26 Section 26. 30.68 (3) (c) (title) of the statutes is created to read:

AB439,11,21 30.68 (3) (c) (title) Minors under age 16; personal watercraft.

AB439, s. 27 Section 27. 30.68 (3) (cg) of the statutes is created to read:

AB439,12,2 30.68 (3) (cg) Minors ages 16 and 17; motorboats other than personal watercraft. No person who is 16 or 17 years of age may operate a motorboat unless the person holds a valid certificate issued under par. (e) or s. 30.74 (1). This paragraph does not apply to personal watercraft.

AB439, s. 28 Section 28. 30.68 (3) (cr) of the statutes is created to read:

AB439,12,6 30.68 (3) (cr) Minors ages 16 and 17; personal watercraft. No person who is 16 or 17 years of age may operate, lease or rent a personal watercraft unless the person holds a valid certificate issued under par. (e) or s. 30.74 (1).