AB500: Bill Text

AB500,60,19 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.

AB500, s. 229 Section 229. 30.381 (5) of the statutes is created to read:

AB500,61,3 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.

AB500, s. 230 Section 230. 30.381 (6) (title) of the statutes is created to read:

AB500,61,5 30.381 (6) (title) Diversions of water; changing of stream courses.

AB500, s. 231 Section 231. Subchapter IV (title) of chapter 30 [precedes 30.40] of the statutes is renumbered subchapter III (title) of chapter 30 [precedes 30.40].

AB500, s. 232 Section 232. 30.50 (1b) of the statutes is created to read:

AB500,61,11 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).

AB500, s. 233 Section 233. 30.50 (2) of the statutes is renumbered 30.01 (1bm) and amended to read:

AB500,61,16 30.01 (1bm) "Boat" or "vessel" means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water and a fishing raft.

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

AB500, s. 234 Section 234. 30.50 (4q) of the statutes is amended to read:

AB500,61,22 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.

AB500, s. 235 Section 235. 30.50 (4u) of the statutes is created to read:

AB500,62,3 30.50 (4u) "Local governmental unit" means a city, village, town, county, town sanitary district, or public inland lake protection and rehabilitation district.

AB500, s. 236 Section 236. 30.50 (9) of the statutes is amended to read:

AB500,62,7 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.

AB500, s. 237 Section 237. 30.50 (9b) of the statutes is created to read:

AB500,62,12 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.

AB500, s. 238 Section 238. 30.50 (10g) of the statutes is created to read:

AB500,62,17 30.50 (10g) "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).

AB500, s. 239 Section 239. 30.50 (13r) of the statutes is created to read:

AB500,62,21 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.

AB500, s. 240 Section 240. 30.5005 of the statutes is created to read:

AB500,63,5 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.

AB500,63,8 (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.

AB500, s. 241 Section 241. 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.

AB500, s. 242 Section 242. 30.501 (9) of the statutes is amended to read:

AB500,64,2 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.

AB500, s. 243 Section 243. 30.505 of the statutes is amended to read:

AB500,64,10 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).

AB500, s. 244 Section 244. 30.52 (1) (b) 1r. of the statutes is amended to read:

AB500,64,15 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.

AB500, s. 245 Section 245. 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.

AB500, s. 246 Section 246. 30.54 (2) of the statutes is amended to read:

AB500,65,3 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.

AB500, s. 247 Section 247. 30.571 of the statutes is amended to read:

AB500,65,11 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.

AB500, s. 248 Section 248. 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.

AB500, s. 249 Section 249. 30.605 of the statutes is created to read:

AB500,65,15 30.605 Owner; definition. In ss. 30.61 to 30.71, "owner" means any of the following:

AB500,65,16 (1) An owner, as defined in s. 30.50 (9).

AB500,65,17 (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.

AB500, s. 250 Section 250. 30.61 (1), (2) (intro.), (3) (intro.), (4), (6) (b), (7) and (8) of the statutes are amended to read:

AB500,66,6 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.

AB500,66,9 (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.

AB500,66,12 (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.

AB500,66,15 (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:

AB500,66,18 (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:

AB500,67,2 (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.

AB500,67,4 (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.

AB500,67,11 (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.

AB500,67,16 (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).

AB500, s. 251 Section 251. 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.

AB500, s. 252 Section 252. 30.61 (10) of the statutes is renumbered 30.68 (13) and amended to read:

AB500,68,3 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.

AB500,68,6 (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).

AB500, s. 253 Section 253. 30.62 (title), (1) and (2) (b) of the statutes are amended to read:

AB500,68,11 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.

AB500,68,18 (1m) Rental boats. No owner of a boat shall may rent such a boat to any other person for use upon on the waters of this state unless such the boat is equipped at the time of rental as required by this section and the rules of the department promulgated under this section. If such. If the boat is properly equipped at the time of rental for conditions then existing, the responsibility of the owner under this section is met, notwithstanding a subsequent change in the number of passengers or a change in time from daylight to dark.

Note: The provision regarding rules of the department is repealed and replaced by a general provision in new s. 30.5005 as created by this bill. That provision states that any reference to statutory requirements includes additional requirements promulgated by the DNR by rule pursuant to that statutory requirement.

AB500,68,21 (2) (b) Maximum noise levels for operation. No person may operate a motorboat powered by an engine on the waters of this state in such a manner as to exceed a noise level of 86 measured on an "A" weighted decibel scale.

AB500, s. 254 Section 254. 30.62 (2) (c) of the statutes is renumbered 30.62 (2) (c) 1. and amended to read:

AB500,69,4 30.62 (2) (c) 1. No person may sell, resell , or offer for sale any motorboat for use on the waters of the state if the motorboat has been so modified that it cannot be operated in such a manner that it will comply with the noise level requirements under in compliance with par. (b).

AB500, s. 255 Section 255. 30.62 (2) (c) 2. of the statutes is created to read:

AB500,69,9 30.62 (2) (c) 2. No person engaged in the business of selling motorboats at retail within this state may sell a motorboat for use on the waters of this state in the ordinary course of that person's business if the motorboat cannot be operated in compliance with par. (b).

Note: Current s. 30.62 (2) (d) prohibits the manufacture and sale of a motorboat for use in this state if it does not comply with maximum noise levels. That statute does not prohibit offering for sale a motorboat that does not meet maximum noise level standards if the boat is not manufactured in this state. This new provision prohibits the retail sale of a motorboat for use on the waters of this state if the motorboat does not meet noise level requirements.

AB500, s. 256 Section 256. 30.62 (2) (d) 1. of the statutes is renumbered 30.62 (2) (d) and amended to read:

AB500,69,15 30.62 (2) (d) Maximum noise level for manufacture. 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 in compliance with par. (b).

AB500, s. 257 Section 257. 30.62 (2) (d) 2. of the statutes is renumbered 30.62 (2) (dm) and amended to read: