AB426: Bill Text

AB426, s. 16 Section 16. 30.52 (3) (f) of the statutes is amended to read:

AB426,6,14 30.52 (3) (f) (title) Fee for nonmotorized sailboats boats. Notwithstanding pars. (b) to (e), the fee for the issuance or renewal of a certificate of number for a sailboat which is not a motorboat nonmotorized boat is $10.

AB426, s. 17 Section 17. 30.52 (3) (i) of the statutes is renumbered 30.52 (3) (i) 1. and amended to read:

AB426,6,23 30.52 (3) (i) 1. A person owning or holding 3 or more boats motorboats may, at the person's option, pay a fleet rate for these boats motorboats instead of the fees which otherwise would be payable under pars. (b) to, (c), (d), (e) or (g). Notwithstanding pars. (b) to, (c), (d), (e) or (g), the fee for the issuance or renewal of certificates of number or registrations for boats under the this fleet rate is $18 plus 50% of the fees which would otherwise be applicable for the boats under pars. (b) to, (c), (d), (e) or (g)

AB426, s. 18 Section 18. 30.52 (3) (i) 2. of the statutes is created to read:

AB426,7,5 30.52 (3) (i) 2. A person owning or holding 3 or more nonmotorized boats may, at the person's option, pay a fleet rate for these nonmotorized boats instead of the fees which otherwise would be payable under pars. (f) and (fm). Notwithstanding pars. (f) and (fm), the fee for the issuance or renewal of certificates of number for nonmotorized boats under this fleet rate is $25.

AB426, s. 19 Section 19. 30.52 (3) (im) of the statutes is created to read:

AB426,7,9 30.52 (3) (im) Dealer or manufacturer fees. A manufacturer or dealer in boats may, at the manufacturer's or dealer's option, pay a fee of $50 for the issuance or renewal of a certificate of number.

AB426, s. 20 Section 20. 30.52 (3m) (a) of the statutes is amended to read:

AB426,7,14 30.52 (3m) (a) Any applicant for the issuance or renewal of a certificate of number or registration under sub. (3) (b) to (i) (im) may, in addition to paying the fee charged for the certificate, elect to make a voluntary $1 contribution to be used for lake research.

AB426, s. 21 Section 21. 30.52 (5) (a) 1. of the statutes is amended to read:

AB426,7,23 30.52 (5) (a) 1. Upon receipt of a proper application for the issuance or renewal of a certificate of number accompanied by the required fee, a sales tax report and, the payment of any sales and use tax due under s. 77.61 (1) and any other information the department determines to be necessary, the department shall issue to the applicant a certificate of number card. The certificate of number card shall state the identification number awarded, the name and address of the owner and other information the department deems determines to be necessary. The certificate of number card shall be of pocket size and of durable water resistant material.

AB426, s. 22 Section 22. 30.52 (5) (a) 2. of the statutes is amended to read:

AB426,8,7 30.52 (5) (a) 2. At the time the department issues a certificate of number card, it shall issue 2 certification stickers or decals per boat. The certification stickers or decals shall bear the year of expiration of the current certification and registration period. For nonmotorized boats, the certification stickers or decals shall be distinct in form and design from the other certification stickers or decals issued under this subdivision. The department shall provide the applicant with instructions concerning the attachment of the certification stickers or decals to the boat.

AB426, s. 23 Section 23. 30.52 (5) (a) 3. of the statutes is amended to read:

AB426,8,17 30.52 (5) (a) 3. At the time the department issues a certificate of number card, it shall award an identification number. The department shall provide the applicant with instructions concerning the painting or attachment of the awarded identification number to the boat. The identification number shall be awarded to a particular boat unless the owner of the boat is a manufacturer of or dealer in boats, motors or trailers who has paid the fee under sub. (3) (im) and desires to use the identification number on his or her boats only while being tested or demonstrated or while being used for the purpose of testing or demonstrating a motor or trailer is used on that boat.

AB426, s. 24 Section 24. 30.52 (5) (b) 1. of the statutes is amended to read:

AB426,8,25 30.52 (5) (b) 1. Upon receipt of a proper application for the issuance or renewal of a registration accompanied by the required fee and , a sales tax report, the payment of any sales and use tax due under s. 77.61 (1) and any other information the department determines to be necessary, the department shall issue to the applicant a registration card. The registration card shall state the name and address of the owner and other information the department deems determines to be necessary. The registration card shall be of pocket size and of durable water resistant material.

AB426, s. 25 Section 25. 30.52 (5) (bn) of the statutes is created to read:

AB426,9,4 30.52 (5) (bn) Sales tax information required. 1. For an application submitted under par. (a) 1. or (b) 1., the purchaser of the boat shall complete the sales tax information required by the department on the application unless subd. 2. applies.

AB426,9,7 2. For an application submitted under par. (a) 1. or (b) 1., if the seller is a manufacturer or a dealer, the manufacturer or dealer shall complete the sales tax information if the manufacturer or dealer agrees to do so on behalf of the purchaser.

AB426, s. 26 Section 26. 30.523 (2) (c) of the statutes is amended to read:

AB426,9,15 30.523 (2) (c) Stickers or decals for boats owned by manufacturers and dealers. Notwithstanding pars. par. (a) and (b), a manufacturer or dealer in boats, motors or trailers who has paid the fee under s. 30.52 (3) (im) may attach or affix the certification or registration stickers or decals to removable signs to be temporarily but firmly mounted upon or attached to the boat while the boat is being tested or demonstrated or while the boat is being used in connection with the testing or demonstration of a motor or trailer operated.

AB426, s. 27 Section 27. 30.523 (3) of the statutes is amended to read:

AB426,9,25 30.523 (3) Display of identification number. Upon being issued a certificate of number card and awarded an identification number, the owner of the boat shall paint on or attach the identification number to each side of the forward half of the boat in the manner prescribed by rules promulgated by the department. The owner shall paint or attach the identification number so it is clearly visible and shall maintain the identification number in a legible condition at all times. A manufacturer or dealer in boats, motors or trailers who has paid the fee under s. 30.52 (3) (im) may paint the identification number on or attach the identification number to removable signs to be temporarily but firmly mounted upon or attached to the boat while being tested or demonstrated or while being used in connection with the testing or demonstrating of a motor or trailer operated. No number other than the identification number awarded by the department or granted reciprocity under this chapter may be painted, attached or otherwise displayed on either side of the forward half of a boat.

AB426, s. 28 Section 28. 30.525 of the statutes is amended to read:

AB426,10,13 30.525 Voluntary contributions for nonmotorized boats. The department shall encourage owners of boats which are exempt from the certificate of number requirement under s. 30.51 (2) (a) 1. or 2. to contribute funds to be utilized for the development or enhancement of programs or services which provide benefits relating directly to nonmotorized boating activities. The department shall make reasonable efforts to publicize the nonmotorized boat voluntary contribution program and the purposes for which these revenues are to be utilized.

AB426, s. 29 Section 29. 30.531 (2) of the statutes is amended to read:

AB426,10,20 30.531 (2) Prerequisite to registration. Except as provided in sub. (3), an applicant's eligibility for a certificate of title is a prerequisite to registration of the boat. If the applicant for registration holds a valid certificate of title previously issued to the applicant by the department for the boat, that is prima facie evidence of ownership of the boat and the applicant need not apply for a new certificate of title on application when applying for registration.

AB426, s. 30 Section 30. 30.531 (3) (am) of the statutes is created to read:

AB426,10,23 30.531 (3) (am) Nonmotorized boats. A nonmotorized boat is exempt from both the certificate of origin and certificate of title requirements of this chapter.

AB426, s. 31 Section 31. 30.531 (3) (b) of the statutes is repealed.

AB426, s. 32 Section 32. 30.533 (1) (intro.) of the statutes is amended to read:

AB426,11,4 30.533 (1) Certificate; contents. (intro.) An application for a certificate of title shall be made to the department upon a form prescribed by it and shall be accompanied by the required fee. Each application for certificate of title shall contain the following information:

AB426, s. 33 Section 33. 30.539 (2) of the statutes is amended to read:

AB426,11,9 30.539 (2) Forms. The certificate of title shall contain forms for assignment and warranty of title by the owner, and for assignment and warranty of title by a dealer, or insurance company, and may contain forms for application applying for a certificate of title by a transferee.

AB426, s. 34 Section 34. 30.547 (title) of the statutes is repealed and recreated to read:

AB426,11,11 30.547 (title) Alterations and falsifications prohibited.

AB426, s. 35 Section 35. 30.547 of the statutes is renumbered 30.547 (1) and amended to read:

AB426,11,17 30.547 (1) Any No person who may intentionally falsifies falsify an application for a certificate of title or a certificate of title issued under s. 30.537 (1) or 30.541 (4) or who intentionally alters a hull identification number or engine serial number shall be fined not more than $5,000 or imprisoned not more than 5 years or both.

AB426, s. 36 Section 36. 30.547 (2) of the statutes is created to read:

AB426,11,21 30.547 (2) No person may intentionally falsify an application for a certificate of number or registration or a certificate of number or registration card issued under s. 30.52.

AB426, s. 37 Section 37. 30.547 (3) of the statutes is created to read:

AB426,11,24 30.547 (3) No person may intentionally alter, remove or change any number or other character in an engine serial number.

AB426, s. 38 Section 38. 30.547 (4) of the statutes is created to read:

AB426,12,1 30.547 (4) No person may do any of the following:

AB426,12,3 (a) Intentionally alter, remove or change any number or other character in a hull identification number.

AB426,12,5 (b) Manufacture a hull identification number that the person knows to be false to be placed on a boat that is manufactured after November 1, 1972.

AB426,12,7 (c) Place a hull identification number that the person knows to be false on a boat that is manufactured after November 1, 1972.

AB426, s. 39 Section 39. 30.549 (1) (a) of the statutes is amended to read:

AB426,12,18 30.549 (1) (a) If the owner of a boat covered by a valid certificate of title and a valid or expired certificate of number or registration issued by this state transfers all or any part of the owner's interest in the boat, other than by the creation of a security interest, the owner shall give the current certificate of number card or the registration card to the new owner and shall deliver the current certificate of title, if the boat is required to be titled, to the new owner as provided under s. 30.541 (1). If the owner does not possess a current certificate of number or registration or a current title, the owner shall provide to the department any documentation or information the department determines to be necessary to effect the transfer of ownership.

AB426, s. 40 Section 40. 30.66 (3) (a) of the statutes is amended to read:

AB426,12,22 30.66 (3) (a) Except under s. 30.69 (3), no person may operate a motorboat within 100 feet of any dock, raft, pier or buoyed restricted area or any shoreline on any lake at a speed in excess of slow-no-wake speed.

AB426, s. 41 Section 41. 30.68 (6) of the statutes is amended to read:

AB426,13,6 30.68 (6) Riding on decks and gunwales. No person operating a motorboat shall allow any person to may ride or sit, or may allow any other person in the motorboat to ride or sit, on the gunwales, tops of seat backs or sides or on the decking over the bow of the boat while under way, unless such person is inboard of guards or railings provided on the boat to prevent passengers persons from being lost overboard. Nothing in this section shall be construed to prohibit entry upon the decking over the bow of the boat for the purpose of anchoring, mooring or casting off or other necessary purpose.

AB426, s. 42 Section 42. 30.68 (9) of the statutes is amended to read:

AB426,13,11 30.68 (9) Overloading. No person may operate, and no owner of a boat may allow a person to 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.

AB426, s. 43 Section 43. 30.68 (10) of the statutes is renumbered 30.62 (2m) and amended to read:

AB426,13,17 30.62 (2m) Overpowering. No person may sell, equip or operate, and no owner of a boat may allow a person to 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.

AB426, s. 44 Section 44. 30.681 (1) (bn) of the statutes is created to read:

AB426,13,22 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 less than 0.1.

AB426, s. 45 Section 45. 30.74 (intro.) (except 30.74 (title)) of the statutes is repealed.

AB426, s. 46 Section 46. 30.74 (1) (a) of the statutes is amended to read:

AB426,14,6 30.74 (1) (a) Create The department shall create comprehensive courses on boating safety and operation. These courses shall be offered in cooperation with schools, private clubs and organizations, and may be offered by the department in areas where requested and where other sponsorship is unavailable. The department shall issue certificates to persons 10 years of age or older successfully completing such courses.

AB426, s. 47 Section 47. 30.74 (1) (b) of the statutes is amended to read:

AB426,14,15 30.74 (1) (b) The department shall prescribe the course content, the form of the certificate and may collect $2 a fee from each person who enrolls in the course. The department may authorize instructors conducting such courses meeting standards established by it to retain $1 a portion of the fee to defray expenses incurred locally to operate the program. The remaining $1 remainder of the fee shall be retained by the department for the purpose of defraying a part of its expenses incurred to operate the program. The department by rule shall set the fee for the course and the amount of the fee that may be retained by instructors.

AB426, s. 48 Section 48. 30.74 (1) (bn) of the statutes is created to read:

AB426,14,18 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for life unless revoked by a court under s. 30.80 (2m) or (6) (e) or 938.343 (5).

AB426, s. 49 Section 49. 30.74 (1) (c) of the statutes is amended to read:

AB426,14,23 30.74 (1) (c) Valid certificates A valid certificate issued by other states or provinces another state, as defined in s. 115.46 (2) (f), or a province of Canada that is held by persons between the ages of 10 and 16 years a person will be honored if the course content substantially meets that established by the department.

AB426, s. 50 Section 50. 30.74 (2) (a) of the statutes is amended to read:

AB426,15,13 30.74 (2) (a) By The department by rule shall establish uniform marking of the water areas of this state through the placement of aids to navigation and regulatory markers. These rules shall establish a marking system compatible with the system of aids to navigation prescribed by the U.S. coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council, U.S. coast guard. No municipality or person may mark the waters of this state in any manner in conflict with the marking system prescribed by the department. Any regulatory marker or aid to navigation that does not comply with this marking system is considered an unlawful obstruction to navigable waters and may be removed in accordance with law. The department may not prohibit the placement of a regulatory marker or an aid to navigation if it complies with this marking system and if it is being placed pursuant to an ordinance that has been enacted in compliance with s. 30.77.

AB426, s. 51 Section 51. 30.74 (3) of the statutes is amended to read:

AB426,15,18 30.74 (3) Enforcement. Assist The department shall assist in the enforcement of ss. 30.50 to 30.80 and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.

AB426, s. 52 Section 52. 30.80 (2m) of the statutes is created to read:

AB426,15,24 30.80 (2m) Any person violating s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1). If the person has a valid certificate at the time that the court imposes sentence under sub. (1) or (2), the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

AB426, s. 53 Section 53. 30.80 (3m) of the statutes is created to read:

AB426,16,2 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 5 years or both.

AB426, s. 54 Section 54. 30.80 (6) (a) of the statutes is amended to read:

AB426,16,7 30.80 (6) (a) Penalties related to prohibited operation of a motorboat; intoxicants; refusal. 1. Except as provided under subds. 2. and 3., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law shall forfeit not less than $150 nor more than $300.

AB426,16,13 2. Except as provided under subd. 3., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 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 not less than 5 days nor more than 6 months.

AB426,16,19 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 2 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 not less than 30 days nor more than one year in the county jail.

AB426, s. 55 Section 55. 30.80 (6) (a) 4. of the statutes is created to read:

AB426,16,22 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (bn) or a local ordinance in conformity with s. 30.681 (1) (bn) shall forfeit $50.

AB426, s. 56 Section 56. 30.80 (6) (e) of the statutes is amended to read:

AB426,17,6 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 safety course under s. 30.74 (1). If the person has a valid certificate at the time that the court imposes sentence, the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

AB426, s. 57 Section 57. 66.325 (1) of the statutes is amended to read:

AB426,17,17 66.325 (1) Notwithstanding any other provision of law to the contrary, the governing body of any city, village or, town or county is empowered to declare, by ordinance or resolution, an emergency existing within the city, village or, town or county whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, acts of God, and including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the city, village or, town or county. The period of the emergency shall be limited by the ordinance or resolution to the time during which the emergency conditions exist or are likely to exist.

AB426, s. 58 Section 58. 66.325 (2) of the statutes is amended to read: