SB285: Bill Text

SB285, s. 29 Section 29. 30.531 (2) of the statutes is amended to read:

SB285,10,19 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.

SB285, s. 30 Section 30. 30.531 (3) (am) of the statutes is created to read:

SB285,10,22 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.

SB285, s. 31 Section 31. 30.531 (3) (b) of the statutes is repealed.

SB285, s. 32 Section 32. 30.531 (3) (bn) of the statutes is amended to read:

SB285,11,3 30.531 (3) (bn) Boats voluntarily registered. A boat canoe or sailboard issued a registration card pursuant to s. 30.52 (1) (b) 1m. is exempt from both the certificate of origin and certificate of title requirements of this chapter.

SB285, s. 33 Section 33. 30.533 (1) (intro.) of the statutes is amended to read:

SB285,11,8 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:

SB285, s. 34 Section 34. 30.539 (2) of the statutes is amended to read:

SB285,11,13 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.

SB285, s. 35 Section 35. 30.547 (title) of the statutes is repealed and recreated to read:

SB285,11,15 30.547 (title) Alterations and falsifications prohibited.

SB285, s. 36 Section 36. 30.547 of the statutes is renumbered 30.547 (1) and amended to read:

SB285,11,21 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.

SB285, s. 37 Section 37. 30.547 (2) of the statutes is created to read:

SB285,11,25 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.

SB285, s. 38 Section 38. 30.547 (3) of the statutes is created to read:

SB285,12,3 30.547 (3) No person may intentionally alter, remove or change any number or other character in an engine serial number.

SB285, s. 39 Section 39. 30.547 (4) of the statutes is created to read:

SB285,12,5 30.547 (4) No person may do any of the following:

SB285,12,7 (a) Intentionally alter, remove or change any number or other character in a hull identification number.

SB285,12,9 (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.

SB285,12,11 (c) Place a hull identification number that the person knows to be false on a boat that is manufactured after November 1, 1972.

SB285, s. 40 Section 40. 30.549 (1) (a) of the statutes is amended to read:

SB285,12,22 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.

SB285, s. 41 Section 41. 30.549 (1) (b) of the statutes is amended to read:

SB285,13,3 30.549 (1) (b) When the owner of a boat canoe or a sailboard that is voluntarily registered pursuant to s. 30.52 (1) (b) 1m. transfers all or any part of the owner's interest in the boat canoe or sailboard, other than by the creation of a security interest, the owner shall send written notification of the transfer to the department within 15 days after the date of transfer.

SB285, s. 42 Section 42. 30.549 (2) (b) of the statutes is amended to read:

SB285,13,7 30.549 (2) (b) The purchaser of a boat canoe or a sailboard that is voluntarily registered pursuant to s. 30.52 (1) (b) 1m. need not register the boat canoe or sailboard upon transfer of ownership.

SB285, s. 43 Section 43. 30.66 (3) (a) of the statutes is amended to read:

SB285,13,11 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.

SB285, s. 44 Section 44. 30.68 (6) of the statutes is amended to read:

SB285,13,20 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.

SB285, s. 45 Section 45. 30.68 (9) of the statutes is amended to read:

SB285,13,25 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.

SB285, s. 46 Section 46. 30.68 (10) of the statutes is renumbered 30.62 (2m) and amended to read:

SB285,14,6 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.

SB285, s. 47 Section 47. 30.681 (1) (bn) of the statutes is created to read:

SB285,14,11 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 less than 0.1.

SB285, s. 48 Section 48. 30.74 (intro.) (except 30.74 (title)) of the statutes is repealed.

SB285, s. 49 Section 49. 30.74 (1) (a) of the statutes is amended to read:

SB285,14,19 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.

SB285, s. 50 Section 50. 30.74 (1) (b) of the statutes is amended to read:

SB285,15,3 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.

SB285, s. 51 Section 51. 30.74 (1) (bn) of the statutes is created to read:

SB285,15,6 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).

SB285, s. 52 Section 52. 30.74 (1) (c) of the statutes is amended to read:

SB285,15,11 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.

SB285, s. 53 Section 53. 30.74 (2) (a) of the statutes is amended to read:

SB285,15,25 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.

SB285, s. 54 Section 54. 30.74 (3) of the statutes is amended to read:

SB285,16,5 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.

SB285, s. 55 Section 55. 30.80 (2m) of the statutes is created to read:

SB285,16,11 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).

SB285, s. 56 Section 56. 30.80 (3m) of the statutes is created to read:

SB285,16,14 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.

SB285, s. 57 Section 57. 30.80 (6) (a) of the statutes is amended to read:

SB285,16,19 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.

SB285,16,25 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.

SB285,17,6 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.

SB285, s. 58 Section 58. 30.80 (6) (a) 4. of the statutes is created to read:

SB285,17,9 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.

SB285, s. 59 Section 59. 30.80 (6) (e) of the statutes is amended to read:

SB285,17,18 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).

SB285, s. 60 Section 60. 66.325 (1) of the statutes is amended to read:

SB285,18,4 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.

SB285, s. 61 Section 61. 66.325 (2) of the statutes is amended to read:

SB285,18,11 66.325 (2) The emergency power of the governing body conferred under sub. (1) includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the city, village or, town or county in the emergency and. The powers of a county under sub. (1) and this subsection only apply to a navigable water or a portion of a navigable water that is located in the county.

SB285,18,16 (2m) (a) The emergency power of a city, village or town includes without limitation because of enumeration the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the local highways, notwithstanding any provision of chs. 341 to 349 or any other provisions of law but does not include the powers conferred on a county under this subsection.

SB285,18,20 (c) The governing body of the city, village or, town or county may provide penalties for violation of any emergency ordinance or resolution not to exceed a $100 forfeiture or, in default of payment of the forfeiture, 6 months' imprisonment for each separate offense.

SB285, s. 62 Section 62. 66.325 (2m) (b) of the statutes is created to read:

SB285,18,24 66.325 (2m) (b) The powers of a county under sub. (1) include without limitation because of enumeration the power to bar, restrict and remove all unnecessary boats from the navigable water, or part thereof.

SB285, s. 63 Section 63. 66.325 (3) of the statutes is amended to read:

SB285,19,9 66.325 (3) If, because of the emergency conditions, the governing body of the city, village or, town or county is unable to meet with promptness, the chief executive officer or acting chief executive officer of any city, village or, town or county shall exercise by proclamation all of the powers conferred upon the governing body under sub. (1) or (2) which within the discretion of the officer appear necessary and expedient for the purposes herein set forth. The proclamation shall be subject to ratification, alteration, modification or repeal by the governing body as soon as that body can meet, but the subsequent action taken by the governing body shall not affect the prior validity of the proclamation.

SB285, s. 64 Section 64. 66.325 (4) of the statutes is created to read:

SB285,19,14 66.325 (4) An ordinance, resolution or proclamation enacted or declared by a county for a navigable water under this section shall be prominently posted and shall also be filed with the department of natural resources. The secretary of natural resources may suspend such an ordinance, resolution or proclamation.

SB285, s. 65 Section 65. 885.235 (1m) of the statutes is amended to read:

SB285,20,2 885.235 (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 an 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 an alcohol concentration above 0.0 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 the person had an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie evidence that the person had an 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 an alcohol concentration above 0.0 under s. 346.63 (7).

SB285, s. 66 Section 66. 885.235 (4) of the statutes is amended to read:

SB285,20,9 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication 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 an 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).

SB285, s. 67 Section 67. 938.343 (5) of the statutes is amended to read:

SB285,20,15 938.343 (5) If the violation is related to unsafe use of a boat, order the juvenile to attend a safety course under s. 30.74 (1). If the juvenile 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).

SB285, s. 68 Section 68. 971.19 (10) of the statutes is created to read:

SB285,20,22 971.19 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer or the county where the department of natural resources received the application.

SB285, s. 69 Section 69. Initial applicability.

SB285,21,3 (1) Intoxicated boating law. The treatment of section 30.80 (6) (a) 1., 2. and 3. of the statutes first applies to violations committed on the effective date of this subsection.

SB285,21,5 (2) Falsified applications. The treatment of section 971.19 (10) of the statutes first applies to criminal actions commenced on the effective date of this subsection.

SB285, s. 70 Section 70. Effective dates. This act takes effect on the day after publication, except as follows: