AB439: Bill Text

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).

AB439, s. 29 Section 29. 30.68 (3) (d) of the statutes is amended to read:

AB439,12,10 30.68 (3) (d) (title) Parental responsibility. A violation of under par. (b) or (c) done with the knowledge of a parent or guardian shall be deemed considered a violation by the parent or guardian, and is punishable under s. 30.80.

AB439, s. 30 Section 30. 30.68 (3) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB439,12,15 30.68 (3) (d) Parental responsibility. A violation under pars. (b) to (cr) done with the knowledge of a parent or guardian shall be considered a violation by the parent or guardian and is punishable under s. 30.80.

AB439, s. 31 Section 31. 30.68 (3) (dm) of the statutes is created to read:

AB439,12,20 30.68 (3) (dm) Adults born on or after January 1, 1979. No person who was born on or after January 1, 1979, and who is 18 years of age or older may operate a motorboat unless the person holds a valid certificate issued under par. (e) or s. 30.74 (1).

AB439, s. 32 Section 32. 30.68 (3) (e) of the statutes is created to read:

AB439,13,4 30.68 (3) (e) Boating safety examination. 1. The department shall administer an examination on boating safety and operation. The department may promulgate rules for administration of the examination under this subdivision, including rules that specify the content of the examination, the score that constitutes satisfactory completion of the examination and the minimum amount of time that a person must wait to retake the examination. The department shall issue a certificate to any person who satisfactorily completes the examination and who is either 16 or 17 years old or is at least 18 years old and was born on or after January 1, 1979.

AB439,13,7 2. A valid certificate issued by another state or a province of Canada may be used by the holder of the certificate in lieu of a certificate issued under subd. 1. if the examination content substantially meets that established by the department.

AB439, s. 33 Section 33. 30.68 (5m) of the statutes is amended to read:

AB439,13,13 30.68 (5m) Towing by a personal watercraft. A No person may use a personal watercraft to tow any other watercraft or object except a stranded or disabled boat if, during towing, the speed of the personal watercraft does not exceed. No person may use a personal watercraft to tow a stranded or disabled boat at a speed in excess of slow-no-wake.

AB439, s. 34 Section 34. 30.68 (9) and (10) of the statutes are amended to read:

AB439,13,17 30.68 (9) Overloading. No person may operate a boat shall be that is loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other existing operating conditions.

AB439,13,21 (10) Overpowering. No person may equip or operate a boat shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into consideration the type and construction of such watercraft and other existing operating conditions.

AB439, s. 35 Section 35. 30.68 (13) of the statutes is created to read:

AB439,14,2 30.68 (13) Eyesight restrictions. (a) No person may operate a motorboat without using corrective lenses if the person is required by the department of transportation or by another state to use corrective lenses while operating a motor vehicle.

AB439,14,5 (b) No person may operate a motorboat during nighttime hours if the person is prohibited by the department of transportation or by another state from operating a motor vehicle during nighttime hours.

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.