AB500: Bill Text

AB500, s. 277 Section 277. 30.66 (1), (2) (title) and (3) of the statutes are amended to read:

AB500,76,17 30.66 (1) Speed to be reasonable and prudent. No person shall may operate a motorboat at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. The speed of a motorboat shall be so controlled as to avoid colliding with any boat, object lawfully in or on the water or with any, or person, boat or other conveyance in or on the water in compliance with legal requirements and exercising due care.

Note: The 2nd sentence of this subsection requires the speed of a motorboat to be controlled to avoid collision with objects "lawfully in or on the water" or with persons or boats that are "in compliance with legal requirements and exercising due care". This suggests that the speed of a motorboat does not need to be controlled to avoid collision with any object, boat or person that does not meet these requirements. The amendment to this subsection requires motorboat speed to be controlled so as to avoid collision with any boat, object or person in or on the water, whether or not that boat, object, or person is lawfully in or on the water or in compliance with legal requirements or exercising due care. This change establishes a principle of "defensive driving" for motorboat operation. A motorboat operator is required to control motorboat speed so as to avoid collision, no matter how any other boat is operated, any object is placed in the water, or any person uses the water.

AB500,76,18 (2) (title) Fixed Posted limits.

AB500,77,3 (3) Prohibited operation Slow-no-wake. (a) Except under s. 30.69 (3), no No person may operate a motorboat within 100 feet of any dock, raft, pier, or buoyed restricted area on any lake at a speed in excess of slow-no-wake speed.

Note: The cross-reference to s. 30.69 (3) relates to restrictions on operation of a motorboat in connection with water skiing. The cross-referenced provision establishes various restrictions on the distance that must be maintained between a motorboat or personal watercraft towing a skier and various other objects. The restrictions in s. 30.69 (3) (a) to (c) do not overlap or contradict the restrictions above in s. 30.66 (3) (a). Therefore, the phrase "Except under s. 30.69 (3)", is deleted. The exception in current s. 30.69 (3) (d) remains relevant, and is duplicated below in new s. 30.66 (3) (c). See the description in the following comment.

AB500,77,7 (b) No person may operate a personal watercraft at a speed in excess of slow-no-wake within 100 feet of any other boat or within 200 feet of the shoreline of any lake. This paragraph does not apply if s. 30.69 (3) (a), (c) or (d) applies to the operation of the personal watercraft.

Note: The restriction on the operation of a personal watercraft within 200 feet of the shoreline of a lake was added by 1997 Wisconsin Act 198. The placement of that language in the first sentence of s. 30.66 (3) (b) creates a problem in connection with the sentence that follows. Most of the restrictions in s. 30.69 (3) (a), (c) and (d) apply to operation of a motorboat that is towing a water skier, and the distances that must be maintained between the motorboat and other objects. The problem is that, for example, if a personal watercraft operator is towing a skier, the restriction on operation within 200 feet of the shoreline of the lake does not apply. This does not appear to be the intent of the legislature. The only portion of s. 30.69 (3) (a), (c) and (d) that applies to operation of a personal watercraft that is towing a skier in relation to the shoreline is s. 30.69 (3) (d), which applies to pickup and drop areas that are marked with regulatory markers and that are open to operators of personal watercraft and to motorboats engaged in water skiing. To resolve this problem, the bill deletes the cross-reference in par. (b) and recreates the substance of the exception for pickup and drop areas in s. 30.66 (3) (c), below.

AB500, s. 278 Section 278. 30.66 (3) (c) of the statutes is created to read:

AB500,77,12 30.66 (3) (c) This subsection does not apply to pickup or drop areas that are marked with regulatory markers and that are open to operators of personal watercraft and to persons and motorboats engaged in water skiing or a similar activity.

Note: See the comment to s. 30.66 (3) (b), above.

AB500, s. 279 Section 279. 30.67 (1) of the statutes is renumbered 30.67 (1m) and amended to read:

AB500,78,10 30.67 (1m) Duty to render aid. Insofar as If the operator of a boat can do so without serious danger to the operator's boat or to persons on board, the operator of a boat involved in a boating accident shall stop the operator's boat and render to other persons affected thereby such to any person affected by the accident any assistance as that may be practicable and necessary to save them from or feasible to save the person or to minimize any danger caused by the accident. The operator shall give the operator's name and address and identification of the operator's boat to any person injured and to the owner of any property damaged in the accident.

Note: "Other persons" is replaced by "any person" to clearly provide that the duty to render aid applies to any person affected by the accident. The current statute commences with the provision that the operator must be able to render aid without danger to the operator's boat or to persons on board. It is possible to read the current statute that "other persons" does not apply to the operator or to persons on board the operator's boat.

"Practicable" is replaced by "feasible", to use a more understandable word and with no intention of making a change to this requirement. In effect, this is a standard of reasonableness for the effort that must be undertaken to render aid at the scene of an accident. "Necessary" is deleted as superfluous.

AB500, s. 280 Section 280. 30.67 (1g) (title) of the statutes is created to read:

AB500,78,12 30.67 (1g) (title) Definitions.

AB500, s. 281 Section 281. 30.67 (2) of the statutes is amended to read:

AB500,79,2 30.67 (2) Duty to report. (a) If a boating accident results in death or injury to any person, the disappearance of any person from a boat under circumstances indicating death or injury, or property damage, every operator of a boat involved in an accident shall, without delay and by the quickest means available, give notice of the accident to a conservation warden or local law enforcement officer and shall file a written report with the department on the form prescribed by it. The department shall promulgate rules necessary to keep accident reporting requirements in conformity with rules adopted by the U.S. coast guard.

AB500,79,5 (b) If the operator of a boat is physically incapable of making the report required by this subsection and there was another occupant in the boat at the time of the accident capable of making the report, the other occupant shall make such the report.

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

AB500, s. 282 Section 282. 30.67 (3) (title) of the statutes is repealed.

AB500, s. 283 Section 283. 30.67 (3) (a) and (b) of the statutes are renumbered 30.67 (1g) (a) and (b).

AB500, s. 284 Section 284. 30.67 (3) (c) of the statutes is repealed.

Note: The definition of "total property damage" is eliminated because it is not used in s. 30.67, stats. This term was originally used in connection with a property damage threshold of $100 for reporting under current s. 30.67 (2), but that threshold is no longer part of the current statute.

AB500, s. 285 Section 285. 30.67 (4), (5) and (6) (b) of the statutes are amended to read:

AB500,79,17 30.67 (4) Reports confidential. No report required by this section to be filed with the department shall may be used as evidence in any trial, civil or criminal, arising out of an accident, except that the department shall furnish upon demand of any person who has or claims to have made such a report, or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the department solely to prove a compliance or a failure to comply with the requirement that such a report be made.

AB500,80,2 (5) Transmittal of information to federal and state authorities. If any request for information available on the basis of reports filed pursuant to this section is duly made by an authorized official or agency of the U.S. federal government or of the state which that registered the boat involved or the state where the accident occurred, the department shall compile and furnish such the information in accordance with such the request.

AB500,80,21 (6) (b) In cases of death involving a boat in which the person died within 6 hours of the time of the accident, a blood specimen of at least 10 cc. shall be withdrawn from the body of the decedent within 12 hours after his or her death, by the coroner or medical examiner, or by a physician so designated by the coroner or medical examiner or by a qualified person at the direction of the physician. All morticians shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope that is subject to the requirements of this section. The blood so drawn shall be forwarded to a laboratory approved by the state health officer for analysis of the alcoholic alcohol content of the blood specimen. The laboratory shall notify the coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and the coroner or medical examiner shall forward the results of each analysis to the state health officer. The state health officer shall keep a record of all examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the state health officer. The department shall reimburse coroners and medical examiners for the costs incurred in submitting reports and taking blood specimens and laboratories for the costs incurred in analyzing blood specimens under this section.

AB500, s. 286 Section 286. 30.675 (intro.) and (1) of the statutes are renumbered 30.675 (1g) and (1r) and amended to read:

AB500,81,2 30.675 (1g) The display on a boat or by a person of an orange flag approximately 18 by 30 inches in size a visual distress signal of a type approved by the U.S. coast guard under 33 CFR 175.101 to 175.140 shall indicate that such boat or person is in need of help.

AB500,81,6 (1r) Insofar as If it is possible without serious danger to the operator's boat or persons on board, the operator of a boat observing a distress signal shall render to the boat or person displaying the signal such assistance as may be practicable and necessary is feasible to save the boat or person or to minimize any danger to them.

AB500, s. 287 Section 287. 30.675 (2) of the statutes is amended to read:

AB500,81,10 30.675 (2) No person shall may display a flag like that distress signal described in under sub. (1) (1g) unless such person is in need of assistance to prevent bodily injury or destruction of property.

AB500, s. 288 Section 288. 30.68 (title) and (2) of the statutes are amended to read:

AB500,81,12 30.68 (title) Prohibited Boat operation.

AB500,81,17 (2) Negligent operation. No person may operate or use any boat, or manipulate any water skis, aquaplane engage in water skiing or a similar device upon activity on the waters of this state in a careless, negligent, or reckless manner so as to endanger that person's life, property or person or the life, or property or of any person of another.

Note: "Manipulate" is replaced by "engage in" with no intention of making any change. "Water skiing or a similar activity" is defined in s. 30.50 by this bill. The last phrase of this provision is simplified to refer to "the life or property of any person". The reference to the "life" of a person refers to risks of both injury and death. The reference to "any person" simplifies the language while continuing to refer to the person operating or using a boat, water skis, or other device, any person on board the boat, as well as any other person.

AB500, s. 289 Section 289. 30.68 (3) (a) of the statutes is renumbered 30.68 (3) and amended to read:

AB500,82,2 30.68 (3) Operation by incapacitated person or minor. No person in charge or control of a boat shall may authorize or knowingly permit the boat to be operated by any person who by reason of physical or mental disability incapacity is incapable of operating such the boat under the prevailing circumstances.

Note: This subsection is split into 2 subsections (see sub. (3m), below). Subsection (3) applies only to persons lacking the capability of operating a boat. This provision currently refers to physical or mental disability, but the title uses the word "incapacitated". The title suggests that this provision is meant to be broader than a narrow concept of physical or mental disability. This bill substitutes "incapacity" for "disability". Incapacity is broader than "physical or mental disability", as it could include any condition that has a bearing on the ability to operate a boat, such as physical strength or fatigue. The last phrase, "under the prevailing circumstances", makes it clear that the capacity to operate a boat under some conditions (e.g., in a sheltered bay) may not indicate a capacity to operate the boat under other conditions (e.g., on a wind-swept lake).

AB500, s. 290 Section 290. 30.68 (3) (b) to (d) of the statutes are renumbered 30.68 (3m) (a) to (c), and 30.68 (3m) (a) and (c), as renumbered, are amended to read:

AB500,82,12 30.68 (3m) (a) No person under the age of 10 years may operate a motorboat. Persons at least 10 and less than 12 years of age may operate a motorboat only if they are either accompanied in the boat by a parent or guardian or a person at least 18 years of age designated by a parent or guardian. Persons at least 12 and less than 16 years of age may operate a motor of any horsepower motorboat, but only if they are either accompanied by a parent or guardian or a person at least 18 years of age designated by a parent or guardian, or in possession of a certificate issued under s. 30.74 (1). This paragraph does not apply to personal watercraft.

Note: The reference to a motor of any horsepower is deleted because none of the other provisions related to age of a motorboat operator related to horse power.

AB500,82,15 (c) A violation of par. (a) or (b) or (c) done with the knowledge of a parent or guardian shall may also be deemed a violation by the parent or guardian, and punishable under s. 30.80.

Note: "Shall" is replaced by "may" to provide discretion in citing a parent or guardian under the particular circumstances. "Also" is added so that the violation of requirements related to operation, leasing, or rental of a motorboat or personal watercraft by a minor applies both to the minor and to the parent or guardian who knew of the violation. The current statute could be interpreted to mean that only the parent or guardian who knew of the violation is deemed to be in violation of the statute. The reference to the punishment under s. 30.80 is eliminated as unnecessary.

AB500, s. 291 Section 291. 30.68 (3m) (title) of the statutes is created to read:

AB500,83,2 30.68 (3m) (title) Operation of motorboats by minors.

AB500, s. 292 Section 292. 30.68 (4) (a) of the statutes is renumbered 30.68 (4) and amended to read:

AB500,83,7 30.68 (4) Creating hazardous wake or wash. No person shall may operate a motorboat so as to approach or pass near another boat in such a manner as to create that creates a hazardous wake or wash.

Note: The phrase regarding approaching or passing another boat is eliminated to make this provision broader. There does not appear to be a reason to limit it to these conditions of boat operation. Eliminating this phrase applies this regulation to all methods of motorboat operation, including operation in a circular course.

AB500, s. 293 Section 293. 30.68 (4) (b) of the statutes is repealed.

Note: Current s. 30.68 (4) (b) creates a standard of strict liability for damage caused by the wake or wash from a motorboat. A defense is provided if the negligence of the other person was the primary cause of the damage. This statute relates to private remedies and not to DNR enforcement. The special committee determined that such damage should be subject to a standard of ordinary negligence, and thus recommends repeal of this provision.

AB500, s. 294 Section 294. 30.68 (4m) (title) and (5) of the statutes are amended to read:

AB500,83,10 30.68 (4m) (title) Facing Personal watercraft; facing backwards.

AB500,83,14 (5) Operating in circular circuitous course. No person may operate a motorboat repeatedly in a circuitous course around any other boat, or around any person who is swimming, if such the circuitous course is within 200 feet of such the boat or swimmer; nor shall any.

AB500,83,18 (5g) Operation near skin diver or swimmer. No person may operate a boat or water skier operate or approach and no person may engage in water skiing or a similar activity closer than 100 feet to any skin diver's flag or any swimmer unless the one of the following applies:

AB500,83,19 (a) The person is operating a boat that is part of the a skin diving operation or.

AB500,84,2 (b) The person is operating a boat that is accompanying the a swimmer, or unless physical conditions make compliance impossible.

AB500, s. 295 Section 295. 30.68 (5g) (c) of the statutes is created to read:

AB500,84,6 30.68 (5g) (c) There is insufficient room for the person to operate the boat 100 or more feet from the skin diver's flag or the swimmer and the boat is not being operated in excess of slow-no-wake speed.

Note: The current statute prohibits operation of a boat or use of water skis or similar devices within 100 feet of a skin diver's flag or a swimmer. An exception is provided for boats that are part of a skin diving operation or that are accompanying a swimmer. A further exception applies if "physical conditions" make compliance impossible. Presumably, this latter exception applies to narrow areas on a body of water (e.g., channels or rivers) or when swimming or skin diving occurs near a boat landing. The language of the current statute is clarified to better describe the latter exception with a reference to the available room to navigate. Further, in the latter exception, a requirement to operate at slow-no-wake speed is imposed for boats operating within 100 feet of a skin diver's flag or a swimmer pursuant to this exception. It should be noted that s. 30.70 prohibits diving in established traffic lanes.

AB500, s. 296 Section 296. 30.68 (5m) of the statutes is renumbered 30.66 (5) and amended to read:

AB500,84,11 30.66 (5) Towing Slow-no-wake; towing by a personal watercraft. A person may use a personal watercraft to tow a stranded or disabled boat if , during towing, the speed of the personal watercraft does not exceed slow-no-wake.

AB500, s. 297 Section 297. 30.68 (6) of the statutes is amended to read:

AB500,85,2 30.68 (6) Riding on decks and gunwales. No person operating a motorboat may ride or sit, or may allow any other person in the motorboat to ride or sit, on the gunwales, on tops of seat backs or sides, or on the decking over the bow of the boat in an unsafe manner while under way, unless such the person is inboard of guards or railings provided on the boat to prevent persons from being lost overboard. Nothing in this section subsection 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.

AB500, s. 298 Section 298. 30.68 (7) (title) of the statutes is amended to read:

AB500,85,4 30.68 (7) (title) Restricted Swimming areas and regulatory markers.

AB500, s. 299 Section 299. 30.68 (7) of the statutes is renumbered 30.68 (7) (a) and amended to read:

AB500,85,9 30.68 (7) (a) No person shall may operate a boat within a water any area which that has been clearly marked by regulatory markers or buoys or some other distinguishing device as a bathing or swimming area; nor.

AB500,85,12 (b) No person may operate a boat in restricted use areas contrary to regulatory notice pursuant to s. 30.74 (2). This subsection does not apply in the case of an emergency, or to patrol or rescue craft markers.

Note: The deletion of "restricted use areas" clarifies that this provision applies to all regulatory markers, whether or not the regulatory marker designates a restricted use area. See s. 30.68 (14) for the general exception for patrol boats.

AB500, s. 300 Section 300. 30.68 (8) and (8m) (a) of the statutes are amended to read:

AB500,85,18 30.68 (8) Anchoring in traffic lanes. No person may anchor, place, affix, or abandon any unattended boat, raft, float, or similar structure in the traveled portion of any river or channel or in any traffic lane established and legally marked designated by aids to navigation, so as to prevent, impede or interfere with the safe passage of any other boat through the same.

AB500,85,20 (8m) (a) No person may use a mooring or attach a boat to a mooring buoy if the mooring or mooring buoy violates s. 30.772 or 30.773.

Note: "Attach a boat to a mooring buoy" duplicates the prohibition on use of a mooring. "Mooring" is defined in s. 30.01 (3e), when used as a noun, to mean "a mooring anchor and mooring buoy together with attached chains, cables, ropes and pennants and related equipment, unless the term is qualified or restricted".

AB500, s. 301 Section 301. 30.68 (8m) (c) of the statutes is created to read:

AB500,86,2 30.68 (8m) (c) No person may attach a boat to any aid to navigation or regulatory marker, except to mooring buoys.

Note: The prohibition in new sub. (8m) (c) is moved to this location from s. 30.68 (12).

AB500, s. 302 Section 302. 30.68 (9) and (11) of the statutes are amended to read:

AB500,86,7 30.68 (9) Overloading. No person may operate, and no owner of a boat may allow a person to operate, a boat that is loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other account existing operating conditions.

AB500,86,13 (11) Unnecessarily sounding whistles horns; use of flashing lights. No person shall may unnecessarily sound a horn, whistle, or other sound-producing device on any boat while at anchor or under way on the water. The use of a siren or a light that resembles an emergency light specified under sub. (14) (a) on any boat except duly authorized a patrol boats on patrol or rescue boat that is on duty is prohibited.

Note: "At anchor or underway" is replaced by "on the water" to make this prohibition broader. For example, the broader language would prohibit unnecessary sounding of a horn while a boat is tied to a dock. "Emergency light" is added to the prohibition on use of a siren.

AB500, s. 303 Section 303. 30.68 (12) of the statutes is repealed.

Note: The prohibition on mooring or fastening a boat to aids to navigation or regulatory markers is deleted here and recreated in s. 30.68 (8m) (c), above.

AB500, s. 304 Section 304. 30.68 (14) (title) of the statutes is created to read:

AB500,86,16 30.68 (14) (title) Patrol boats.

AB500, s. 305 Section 305. 30.69 (title) of the statutes is amended to read:

AB500,86,18 30.69 (title) Water skiing and similar activities.