AB426: Bill Text

LRB-2245/3

MGG:mfd:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 426

June 12, 1997 - Introduced by Representatives Dobyns, Linton, Johnsrud, Boyle, Seratti and Handrick, cosponsored by Senators Breske and Clausing. Referred to Committee on Natural Resources.

AB426,2,5 An Act to repeal 30.51 (2) (a) 1., 30.51 (2) (a) 2., 30.531 (3) (b) and 30.74 (intro.) (except 30.74 (title)); to renumber and amend 30.52 (3) (i), 30.547 and 30.68 (10); to amend 30.50 (4m), 30.50 (9x), 30.501 (1), 30.501 (5), 30.505, 30.51 (2) (a) 4., 30.51 (2) (c) 4., 30.52 (1) (b) 1m., 30.52 (1) (c), 30.52 (3) (f), 30.52 (3m) (a), 30.52 (5) (a) 1., 30.52 (5) (a) 2., 30.52 (5) (a) 3., 30.52 (5) (b) 1., 30.523 (2) (c), 30.523 (3), 30.525, 30.531 (2), 30.533 (1) (intro.), 30.539 (2), 30.549 (1) (a), 30.66 (3) (a), 30.68 (6), 30.68 (9), 30.74 (1) (a), 30.74 (1) (b), 30.74 (1) (c), 30.74 (2) (a), 30.74 (3), 30.80 (6) (a), 30.80 (6) (e), 66.325 (1), 66.325 (2), 66.325 (3), 885.235 (1m), 885.235 (4) and 938.343 (5); to repeal and recreate 30.547 (title); and to create 30.50 (1j), 30.51 (2) (a) 1m., 30.51 (2) (a) 2m., 30.52 (1) (b) 1r., 30.52 (3) (i) 2., 30.52 (3) (im), 30.52 (5) (bn), 30.531 (3) (am), 30.547 (2), 30.547 (3), 30.547 (4), 30.681 (1) (bn), 30.74 (1) (bn), 30.80 (2m), 30.80 (3m), 30.80 (6) (a) 4., 66.325 (2m) (b), 66.325 (4) and 971.19 (10) of the statutes; relating to: the intoxicated boating law; capacity plates on boats; certificate of number, registration and titling requirements for boats; prohibitions against falsifying boat titles and other documentation; prohibitions against operating boats using unsafe methods and in certain locations; boating safety course and certificates; emergency powers of counties over navigable waters; granting rule-making authority; and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes various changes in the laws governing boat registration and titling and boating safety. Most of the changes are described below.

Boat registration and titling

Under current law, with certain exceptions, a boat owner must register a boat and pay a registration fee. Upon registration, the department of natural resources (DNR) issues to the boat owner a certificate of number card or a registration card that authorizes the operation of the boat in this state. The boat owner also receives 2 decals and an identification number that must be displayed on the boat. Current law exempts most nonmotorized boats from these requirements. Under this bill, all nonmotorized boats, except inflatable boats that are less than 8 feet in length and sailboards, are subject to these registration requirements. The bill established a reduced fleet fee for a boat owner wishing to register 3 or more nonmotorized boats.

Under current law, boats that are less than 16 feet in length are exempt from being titled. This bill eliminates this exemption.

Administratively, DNR charges a registration fee for a boat dealer or manufacturer to receive decals and an identification number that can be moved from boat to boat. Under current law, dealers and manufacturers may use these decals and numbers only for the purpose of testing or demonstrating a boat. This bill establishes a statutory registration fee for dealers and manufacturers for certificate of number cards, decals and identification numbers and imposes no restrictions on the purposes for which a manufacturer or dealer may use these decals and numbers.

Under current law, a boat is exempt from the registration requirements for 15 days after the registration application for the boat is submitted. The bill increases the time period to 60 days.

Current law prohibits a person from falsifying an application for a boat title or the boat title itself. Under this bill, a person may not falsify a registration application or a registration or certificate of number card.

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 requires violations of local ordinances in conformity with the state intoxicated boating laws to count as a current offenses under the state law. Under current law, violations of local ordinances only count as previous offenses.

Boating safety course and other safety provisions

Current law requires DNR to establish a boating safety course. Under current law, minors who are 10 to 15 years old may operate a motorboat if they are accompanied by a parent, guardian or another adult designated by a parent or guardian. A minor who is 12 to 15 is exempt from this requirement if the minor has a boating safety certificate showing that the minor successfully completed the safety course.

Under current law, the fee for the course is $2. This bill authorizes DNR to establish the fee by rule.

The bill also specifically authorizes courts to revoke a person's boating safety certificate for violating certain boating laws, including the intoxicated boating law.

Under current law, a motorboat less than 26 feet in length that is designed to carry 2 or more persons must have a capacity plate affixed on the boat. The capacity plate shows the total weight of persons, motor and other articles that the boat may safely carry. This bill limits this requirement to cover such motorboats that are 20 feet in length or less.

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.

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:

AB426, s. 1 Section 1. 30.50 (1j) of the statutes is created to read:

AB426,3,3 30.50 (1j) "Application" includes the form designated by the department and any supporting document or other information that is submitted to the department.

AB426, s. 2 Section 2. 30.50 (4m) of the statutes is amended to read:

AB426,3,7 30.50 (4m) "Intoxicated boating law" means s. 30.681 (1) or a local ordinance in conformity with that section subsection, s. 30.681 (2) or, if the operation of a motorboat is involved, s. 940.09 or 940.25.

AB426, s. 3 Section 3. 30.50 (9x) of the statutes is amended to read:

AB426,4,2 30.50 (9x) "Refusal law" means s. 30.684 (5) or a local ordinance in conformity with that section subsection.

AB426, s. 4 Section 4. 30.501 (1) of the statutes is amended to read:

AB426,4,9 30.501 (1) Every vessel less than 26 20 feet in length designed to carry 2 or more persons and to be propelled by machinery as its principal source of power or designed to be propelled by oars shall, if manufactured or offered for sale in this state, have affixed permanently thereto by the manufacturer a capacity plate as required by this section. As used in this section "manufacture" means to construct or assemble a vessel or alter a vessel so as to change its weight capacity.

AB426, s. 5 Section 5. 30.501 (5) of the statutes is amended to read:

AB426,4,19 30.501 (5) The information appearing on a capacity plate shall be deemed to warrant that the manufacturer, or the person affixing the capacity plate as permitted by sub. (4), has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity prescribed by the department and that the information appearing on the capacity plate with respect to maximum weight capacity and recommended number of persons is the result of the application of applying such method and formula, and with respect to information concerning horsepower limitations that such information is not a deliberate or negligent misrepresentation.

AB426, s. 6 Section 6. 30.505 of the statutes is amended to read:

AB426,5,2 30.505 Certificate of number system to conform to federal system. The certificate of number system and the issuance of identification numbers employed by the department shall be in conformity with the overall system of identification numbering for motorboats boats established by the U.S. government. The department shall promulgate rules as are necessary to bring the state certificate of number system and the issuance of identification numbers into conformity with this federal system.

AB426, s. 7 Section 7. 30.51 (2) (a) 1. of the statutes is repealed.

AB426, s. 8 Section 8. 30.51 (2) (a) 1m. of the statutes is created to read:

AB426,5,6 30.51 (2) (a) 1m. A nonmotorized boat that is inflatable and that is 8 feet or less in length.

AB426, s. 9 Section 9. 30.51 (2) (a) 2. of the statutes is repealed.

AB426, s. 10 Section 10. 30.51 (2) (a) 2m. of the statutes is created to read:

AB426,5,9 30.51 (2) (a) 2m. A sailboard.

AB426, s. 11 Section 11. 30.51 (2) (a) 4. of the statutes is amended to read:

AB426,5,13 30.51 (2) (a) 4. Operated within a period of 15 60 days after application for a certificate of number has been made and the required fee has been paid, if proof of application is carried on board.

AB426, s. 12 Section 12. 30.51 (2) (c) 4. of the statutes is amended to read:

AB426,5,17 30.51 (2) (c) 4. Operated within 15 60 days after an application for registration is made and the required fee is paid if proof of the application for registration is carried on board the boat.

AB426, s. 13 Section 13. 30.52 (1) (b) 1m. of the statutes is amended to read: