AB514: Bill Text

AB514,76,23 (7) Milwaukee County. Milwaukee County, with respect to the land ceded or granted to Milwaukee County as described in 1997 Wisconsin Act 70, section 3, may directly exercise all of the powers and perform all of the duties conferred on a board of harbor commissioners under ss. 30.34, 30.35 and 30.38 30.495, 30.496, and 30.498, but Milwaukee County may not create a board of harbor commissioners if sub. (1) (b) applies. Milwaukee County shall have exclusive jurisdiction over the operation, administration, maintenance, improvement, alteration, and repair of any marina facility or marina related anchorage located on this land.

AB514, s. 249 Section 249. 30.38 of the statutes is renumbered 30.498, and 30.498 (3) and (13) (a) and (b), as renumbered, are amended to read:

AB514,77,5 30.498 (3) Contract procedures. In the letting of work relative to the construction, repair, or maintenance of a harbor or harbor facility or in the purchase of equipment, supplies, or materials relative to carrying out its powers and duties, a board of harbor commissioners shall be governed by the procedures and requirements set forth in s. 30.32 30.493.

AB514,77,13 (13) (a) All moneys appropriated to a board of harbor commissioners, all revenues derived from the operation of the public harbor except in the case of a joint harbor revenue from joint improvements before division thereof, and all other revenues of the board shall be paid into the municipal treasury and credited to the harbor fund, except that revenues assigned or pledged under s. 30.35 30.496 (6) or 66.1103 shall be paid into the fund or funds provided for in the ordinance or resolution authorizing the issuance of the bonds and shall be applied in accordance with that ordinance or resolution.

AB514,78,2 (b) Subject to the limitations and conditions otherwise expressed in this section and to a budget approved by the municipal governing body, moneys in the harbor fund may be used for the acquisition, construction, improvement, repair, maintenance, operation, and administration of the public harbor and harbor facilities and for the acquisition, chartering, and operation of vessels under sub. (8) (b) 3. Except as provided in s. 30.34 30.495 (4), such moneys shall be paid out of the harbor fund only on orders signed by the president and secretary of the board, or some other official authorized by the board, after the allowance of claims by the board or on orders entered in the minutes of the board. Disbursements from the harbor fund shall be audited as other municipal disbursements are audited; however, the board may determine on some other procedure it deems appropriate for the consideration of claims and the reporting thereof notwithstanding the provisions of this paragraph. If a procedure other than that set forth in this paragraph is prescribed by the board, the approval of the chief auditing officer shall be obtained.

AB514, s. 250 Section 250. 30.381 (title) of the statutes is created to read:

AB514,78,4 30.381 (title) Subchapter penalties.

AB514, s. 251 Section 251. 30.381 (3) (title) of the statutes is created to read:

AB514,78,6 30.381 (3) (title) Fishing rafts.

AB514, s. 252 Section 252. 30.381 (4) (title) of the statutes is created to read:

AB514,78,8 30.381 (4) (title) Structures and deposits.

AB514, s. 253 Section 253. 30.381 (4) (b) of the statutes is created to read:

AB514,78,13 30.381 (4) (b) Any person who, after having been found under this subsection to have violated s. 30.12, violates s. 30.12 shall be fined not more than $1,000 or imprisoned for not more than 6 months or both if the present offense occurs within 5 years after a finding under par. (a) or a conviction under this paragraph.

Note: The criminal penalty in current law for violating s. 30.12 permit requirements is the only criminal penalty in subch. II. This provision modifies the criminal penalty so that it applies to repeat violations. The current civil penalty (forfeiture) in s. 30.15 (1) (d), renumbered in this bill, continues to apply to any violations of s. 30.12.

AB514, s. 254 Section 254. 30.381 (5) of the statutes is created to read:

AB514,78,19 30.381 (5) Wharves, piers, and swimming rafts. Any person who constructs or places a wharf, pier, or swimming raft in navigable waters in violation of s. 30.13 shall forfeit not less than $100 nor more than $500 for each offense. Each day during which a wharf, pier, or swimming rafts exists in violation of s. 30.13 is a separate offense.

AB514, s. 255 Section 255. 30.381 (6) (title) of the statutes is created to read:

AB514,78,21 30.381 (6) (title) Diversions of water; changing of stream courses.

AB514, s. 256 Section 256. Subchapter IV (title) of chapter 30 [precedes 30.40] of the statutes is renumbered subchapter III (title) of chapter 30 [precedes 30.40].

AB514, s. 257 Section 257. 30.50 (1b) of the statutes is created to read:

AB514,79,6 30.50 (1b) "Aids to navigation" means buoys, beacons, and other fixed objects in the water that are used to mark obstructions to navigation or to direct navigation through safe channels.

Note: This definition is moved here from current s. 30.74 (2) (b).

AB514, s. 258 Section 258. 30.50 (2) of the statutes is renumbered 30.01 (1bm).

Note: The definition of "boat" or "vessel" is relocated to the definitions applicable to the entire chapter.

AB514, s. 259 Section 259. 30.50 (4q) of the statutes is amended to read:

AB514,79,13 30.50 (4q) "Lake sanitary district" means a town sanitary district that has within its boundaries at least 60% of the footage of shoreline of a public inland lake, as defined in s. 60.782 (1), for which a public inland lake protection and rehabilitation district is not in effect. The footage of shoreline shall be measured by use of a map wheel on the U.S. geological survey 7 1/2 minute series map.

Note: The current statutes provide for the determination of shoreline footage in s. 30.105. Section 30.105 is replicated in the 3 statutes where measurement of shoreline footage is specified.

AB514, s. 260 Section 260. 30.50 (4u) of the statutes is created to read:

AB514,79,16 30.50 (4u) "Local governmental unit" means a city, village, town, county, town sanitary district, or public inland lake protection and rehabilitation district.

AB514, s. 261 Section 261. 30.50 (9) of the statutes is amended to read:

AB514,79,20 30.50 (9) "Owner" Except as provided in s. 30.605, "owner" means the person who has lawful possession of a boat by virtue of legal title or equitable interest therein which entitles the person to lawful possession.

AB514, s. 262 Section 262. 30.50 (9b) of the statutes is created to read:

AB514,80,4 30.50 (9b) "Patrol boat" means a boat authorized by this state or by a local governmental unit for the purpose of law enforcement, search and rescue, fire fighting, emergency response, or water safety operations, including a water safety patrol unit.

Note: "Patrol boat" is defined here and used consistently in subch. V in statutes related to the equipment and operation of such boats.

AB514, s. 263 Section 263. 30.50 (10m) of the statutes is created to read:

AB514,80,9 30.50 (10m) "Regulatory marker" means any anchored or fixed marker in the water or anchored platform on the surface of the water, other than aids to navigation, and includes a swimming area marker, speed zone marker, information marker, mooring buoy, fishing buoy, and restricted activity area marker.

Note: This definition is moved here from current s. 30.74 (2) (b).

AB514, s. 264 Section 264. 30.50 (13r) of the statutes is created to read:

AB514,80,13 30.50 (13r) "Water skiing or a similar activity" means any activity in which a person is towed in the water behind or alongside of a boat, including barefoot skiing, aquaplaning, kneeboarding, or being towed on an inflatable device.

Note: This clarifies the use of the term "water skiing or a similar activity". The list of activities after "including" is not meant to be exclusive. This definition is intended to apply to other similar activities that are currently enjoyed on the water, or that may be developed and introduced in the future.

AB514, s. 265 Section 265. 30.5005 of the statutes is created to read:

AB514,80,18 30.5005 Department duties and powers. (1) Federal law. The department shall submit proposed legislation to the legislature in the manner provided under s. 13.172 (2) in order to conform the requirements under ss. 30.50 to 30.71 with federal statutes and regulations.

Note: This provision directs the department to suggest new legislation to keep statutory boat registration, equipment and operation requirements in conformity with federal regulations. Current statutes specifically requiring conformity with federal regulations [ss. 30.501 (8), 30.505, 30.61 (9), 30.62 (9) and 30.67 (2) (a)] are amended or repealed. The special committee does not intend by this new procedure to withdraw the statutory authority for any rules promulgated by the DNR that adopt federal statutes or regulations, whether wholly or in part.

AB514,81,3 (2) Rules; generally. The department may promulgate rules under this subchapter. Any reference to a provision of this subchapter includes any rule promulgated under that provision.

Note: The first sentence of sub. (2), above, restates the authority of the DNR to promulgate rules. This bill eliminates various statutes that grant permissive rule-making authority in subch. V. The 2nd sentence in sub. (2), above, eliminates the need for several instances of the phrase in the form, "this section, or rules promulgated under this section", and applies that principle to all rules promulgated under subch. V. In addition, it should be noted that DNR has emergency rule-making authority under s. 227.24.

AB514, s. 266 Section 266. 30.501 (8) of the statutes is repealed.

Note: Current s. 30.501 (8) authorizes the DNR to promulgate rules regarding boat capacity plates, and requires the rules to conform with appropriate federal regulations. This provision is repealed for several reasons. First, the authorization to promulgate regulations is stated generally for all of subch. V in new s. 30.5005 (1) (b). Second, it is not necessary to state that the rules must comply with federal regulations. Third, if there is an issue regarding the consistency of statutes with federal regulations, that is a matter for the legislature, and not for DNR rules.

AB514, s. 267 Section 267. 30.501 (9) of the statutes is amended to read:

AB514,81,9 30.501 (9) This section applies to vessels manufactured after January 1, 1966 and prior to November 1, 1972. All vessels manufactured on or after November 1, 1972, shall comply with appropriate federal regulations and the capacity information shall be displayed as required.

Note: Section 30.501 relates to capacity plates on boats. This amendment makes the statute applicable to all boats manufactured prior to November 1, 1972.

AB514, s. 268 Section 268. 30.505 of the statutes is amended to read:

AB514,82,2 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 boats established by the U.S. federal 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.

Note: The rationale for this amendment is the same as that stated in the note describing the repeal of s. 30.501 (8).

AB514, s. 269 Section 269. 30.52 (1) (b) 1r. of the statutes is amended to read:

AB514,82,7 30.52 (1) (b) 1r. A When a person applying applies for registration of a federally documented vessel, the department shall submit as part of the application a photocopy of the front and back of verify that the federal certificate of documentation for the vessel, which must be is current at the time of applying for registration.

Note: Information on federally documented vessels is available on the U.S. Coast Guard web site, and the DNR may verify the federal documentation by that means. The DNR may also request a photocopy of the federal registration.

AB514, s. 270 Section 270. 30.537 (4) (e) of the statutes is repealed.

Note: This provision requires a person who receives notice from the DNR under s. 30.571 regarding perfection of a security interest on a boat titled in another state to pay a $2 fee to the DNR. The DNR does not have an effective means to collect this fee and does not currently collect it, and it is therefore repealed.

AB514, s. 271 Section 271. 30.54 (2) of the statutes is amended to read:

AB514,82,14 30.54 (2) If a person applies for a replacement certificate under sub. (1), conservation wardens or local law enforcement officials, after presenting appropriate credentials to the owner or legal representative of the owner named in the certificate of title, shall may inspect the boat's engine serial number or hull identification number, for purposes of verification or enforcement.

Note: This provision relates to replacement certificates of title. This provision requires a conservation warden or local law enforcement official to inspect the hull number of engine number of a boat in order to verify it in connection with replacement of the certificate of title by the DNR. This inspection is not consistently performed, and this bill makes the inspection optional.

AB514, s. 272 Section 272. 30.571 of the statutes is amended to read:

AB514,83,5 30.571 Notification of person who has perfected security interest. If the department receives information from another state that a boat that is titled in this state is being titled in the other state and the information does not show that a perfected security interest, as shown by the records of the department, has been satisfied, the department shall notify the person who has perfected the security interest. The person shall pay the department the fee under s. 30.537 (4) (e) for each notification.

Note: The fee referenced in this provision is eliminated by this bill.

AB514, s. 273 Section 273. 30.60 of the statutes is repealed.

Note: Current s. 30.60 creates a motorboat classification system based on boat length. These classifications are only used in 3 places in the current statutes: ss. 30.61 (2) and (3) and 30.69 (1) (a). Rather than use this classification system, those statutes are amended to substitute reference to the length of the motorboat.

AB514, s. 274 Section 274. 30.605 of the statutes is created to read:

AB514,83,9 30.605 Owner; definition. In ss. 30.61 to 30.71, "owner" means any of the following:

AB514,83,10 (1) An owner, as defined in s. 30.50 (9).

AB514,83,11 (2) A lessee of a boat.

Note: "Lessee" is added to the definition of owner to assure that the statutes apply to those who may lease a boat on a long-term basis. Section 30.50 (9) defines "owner" to include a person who has an equitable interest in a boat, but that term does not necessarily describe a lease and, in any case, that definition is meant to apply primarily to boat titling and registration statutes. "Lessee" does not include short-term rental of boats, such as on a daily or weekly basis.

AB514, s. 275 Section 275. 30.61 (1), (2) (intro.), (3) (intro.), (4), (6) (b), (7) and (8) of the statutes are amended to read:

AB514,83,17 30.61 (1) When lights required; prohibited lights. (a) No person shall may operate any motorboat at any time from sunset to sunrise unless such the motorboat carries the lighting equipment required by this section and unless such the lighting equipment is lighted when and as required by this section.

AB514,84,3 (b) No owner shall may give a person permission for the operation of to operate a motorboat at any time from sunset to sunrise unless such the motorboat is equipped as carries the lighting equipment required by this section.

AB514,84,6 (c) No person shall may exhibit from or on any motorboat when under way at any time from sunset to sunrise any light which may be mistaken for those required by this section.

AB514,84,9 (2) Lights for motorboats of classes a and 1 less than 26 feet long . (intro.) All motorboats of classes A and 1 less than 26 feet long when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:

AB514,84,12 (3) Lights for motorboats of classes 2 and 3 26 or more feet long. (intro.) All motorboats of classes 2 and 3 26 or more feet long when under way at any time from sunset to sunrise shall carry and have lighted the following lamps:

AB514,84,19 (4) Sailboats with motors. Sailboats A sailboat equipped with motors a motor and being propelled in whole or in part by such the motor must shall comply with sub. (2) or (3), whichever is as applicable. Whenever such a sailboat is being propelled entirely by sail at any time from sunset to sunrise, it shall have lighted the lamps showing the colored lights specified in sub. (2) or (3), but not the lamps showing the white lights, and shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision.

AB514,84,21 (6) (b) This subsection does not require any light to be shone from A duck blinds blind constructed on emergent vegetation is not required to be lighted.

AB514,85,3 (7) Performance Design specifications for lamps. Every white light prescribed required by this section shall be of such character as designed to be visible at a distance of at least 2 miles on a dark night with clear atmosphere. Every colored light prescribed required by this section shall be of such character as designed to be visible at a distance of at least one mile on a dark night with clear atmosphere. The owner of a motorboat that is required to carry lighting equipment under this section shall maintain the equipment so that the equipment functions as designed.

Note: The current statute requires lights to be "of such character" as to be "visible". This language establishes a design standard for the lights, and the requirement is revised and clarified accordingly. A requirement to maintain the lights is added.

AB514,85,8 (8) Optional lighting requirements. Any boat may carry and exhibit the lights required by the federal international regulations for preventing collisions at sea, 1948, federal act of October 11, 1951, (33 USC 143-147d) as amended, as implemented by 33 CFR part 81 and interpreted by 33 CFR part 82 in lieu of the lights required by subs. (2) and (3).

AB514, s. 276 Section 276. 30.61 (9) of the statutes is repealed.

Note: The current statute requires DNR to promulgate rules to keep the lighting requirement consistent with federal law. This provision is replaced by a directive in new s. 30.5005 for the DNR to propose statutory amendments to keep statutory registration, equipment and operation requirements in conformity with federal regulations.

AB514, s. 277 Section 277. 30.61 (10) of the statutes is renumbered 30.68 (13) and amended to read:

AB514,85,14 30.68 (13) Operation Nighttime operation of personal watercraft. (a) Notwithstanding subs. (1), (2), (8) and (9), no No person may operate a personal watercraft at any time from sunset to sunrise.

AB514,85,17 (b) If a person operates a personal watercraft in violation of par. (a), the operation shall be subject to additional penalties for any failure to comply with the applicable lighting requirements under subs. s. 30.61 (1), (2), and (8) and (9).

AB514, s. 278 Section 278. 30.62 (title), (1) and (2) (b) of the statutes are amended to read:

AB514,86,2 30.62 (title) Other equipment Equipment other than lighting. (1) When equipment required. No person shall may operate any boat on the waters of this state unless such the boat is equipped as required by this section and the rules of the department promulgated under this section.