LRB-4086/1
MGG:lmk:ch
2005 - 2006 LEGISLATURE
December 9, 2005 - Introduced by Senators Olsen, Miller, Roessler and Darling,
cosponsored by Representatives
Hines, Freese, Townsend, Hundertmark,
Black, Ott, Ainsworth, Bies, Berceau, Lehman, Krawczyk, Van Roy, Owens,
Moulton, Jeskewitz and
Molepske. Referred to Committee on Natural
Resources and Transportation.
SB471,1,8
1An Act to repeal 30.68 (3) (b);
to renumber 30.68 (3) (a);
to renumber and
2amend 30.625 (2), 30.68 (3) (c) 1., 30.68 (3) (c) 2., 30.68 (3) (c) 3. and 30.68 (3)
3(d);
to amend 30.625 (title), 30.625 (1) (intro.), 30.625 (1) (a), 30.68 (3) (title),
430.74 (1) (a), 30.74 (1) (b), 30.742, 30.80 (2) and 30.80 (2m); and
to create 30.678
5(title) and (1), 30.678 (2) (title) and (c) and 30.678 (3) of the statutes;
relating
6to: operation of motorboats by persons who are at least 16 years of age and born
7after a certain date and the rental of motorboats and granting rule-making
8authority.
Analysis by the Legislative Reference Bureau
Under current law, a person who is 16 years of age or older may operate a
motorboat without completing a boating safety course or otherwise being tested as
to his or her knowledge regarding boating operation and safety. Under current law,
"motor boat" is defined to include personal water craft. Under this bill, a person who
is 16 years of age or older and who is born after January 1, 1989, must complete a
boating safety course established by the Department of Natural Resources (DNR)
and must be issued a boating safety certificate in order to operate a motorboat.
Under current law, a certificate issued by another state or a Canadian province will
be honored in this state if the course content substantially meets the requirements
for the course established by DNR.
Under current law, a person may not rent a personal watercraft to a person who
will be operating one for the first time and who does not have a valid boating safety
certificate unless the person offering the personal watercraft for rent gives the
person renting the personal water craft instruction on how to operate it. Under
current law, DNR has the authority to promulgate as rules minimum standards of
instruction.
This bill expands this requirement to include all motorboats. It also requires
that the instruction be given to any person who is operating a motorboat for the first
time in a calendar year, instead of just requiring one-time instruction. The bill also
allows persons giving the instruction to collect an instruction fee for the instruction
in the same manner as persons conducting boating safety courses. Under current
law, DNR determines the portion of the fee, which may not exceed 50 percent, that
the person giving the course may retain.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB471, s. 1
1Section
1. 30.625 (title) of the statutes is amended to read:
SB471,2,2
230.625 (title)
Rental of personal watercraft motorboats.
SB471, s. 2
3Section
2. 30.625 (1) (intro.) of the statutes is amended to read:
SB471,2,54
30.625
(1) (intro.) No person who is engaged in the rental or leasing of
personal
5watercraft motorboats to the public may do any of the following:
SB471, s. 3
6Section
3. 30.625 (1) (a) of the statutes is amended to read:
SB471,2,127
30.625
(1) (a) Rent or lease a
personal watercraft motorboat for operation by
8a person who will be operating a
personal watercraft
motorboat for the first time
in
9each calendar year and who does not hold a valid certificate issued under s. 30.74 (1)
10unless the person engaged in the rental or leasing gives the person instruction on
11how to operate a
personal watercraft
motorboat in the manner established by the
12department under under s. 30.74 (1) (am).
SB471, s. 4
13Section
4. 30.625 (2) of the statutes is renumbered 30.74 (1) (am) amended to
14read:
SB471,3,2
130.74
(1) (am) The department may promulgate rules to establish minimum
2standards
and procedures for the instruction given under
sub. (1) (a) s. 30.625 (1) (a).
SB471, s. 5
3Section
5. 30.678 (title) and (1) of the statutes are created to read:
SB471,3,6
430.678 (title)
Boating safety certificates; requirements; exemptions;
5operation by minors. (1) Motorboats other than personal watercraft. (a) No
6person under 10 years of age may operate a motorboat.
SB471,3,107
(b) No person who is at least 10 years of age but under 12 years of age may
8operate a motorboat unless he or she is accompanied in the motorboat by a parent
9or guardian or by a person who is at least 18 years of age and who is designated by
10a parent or guardian.
SB471,3,1211
(c) No person who is at least 12 years of age but under 16 years of age may
12operate a motorboat unless one of the following applies:
SB471,3,1413
1. The person holds a valid boating safety certificate issued under s. 30.74 (1)
14(a) or a valid boating safety certificate that is honored under s. 30.74 (1) (c).
SB471,3,1615
2. The person is accompanied in the motorboat by a parent or guardian or by
16a person who is at least 18 years of age and who is designated by a parent or guardian.
SB471,3,2017
(d) No person who was born on or after January 1, 1989, and who is 16 years
18of age or older may operate a motorboat unless the person holds a valid safety
19certificate issued under s. 30.74 (1) (a) or a valid boating safety certificate that is
20honored under s. 30.74 (1) (c).
SB471,3,2121
(e)
Paragraphs (a) to (d) do not apply to the operation of a personal watercraft.
SB471, s. 6
22Section
6. 30.678 (2) (title) and (c) of the statutes are created to read:
SB471,3,2323
30.678
(2) (title)
Personal watercraft.
SB471,4,224
(c) No person who was born on or after January 1, 1989, and who is 16 years
25of age or older may operate a personal watercraft unless the person holds a valid
1safety certificate issued under s. 30.74 (1) (a) or a valid boating safety certificate that
2is honored under s. 30.74 (1) (c).
SB471, s. 7
3Section
7. 30.678 (3) of the statutes is created to read:
SB471,4,64
30.678
(3) Exemption. Subsections (1) (b), (c), and (d) and (2) (b) and (c) do not
5apply to a person while the person is operating a motorboat as may be required as
6part of a boating safety course under s. 30.74 (1).
SB471, s. 8
7Section
8. 30.68 (3) (title) of the statutes is amended to read:
SB471,4,88
30.68
(3) (title)
Operation by incapacitated person or minor.
SB471, s. 9
9Section
9. 30.68 (3) (a) of the statutes is renumbered 30.68 (3).
SB471, s. 10
10Section
10. 30.68 (3) (b) of the statutes is repealed.
SB471, s. 11
11Section
11. 30.68 (3) (c) 1. of the statutes is renumbered 30.678 (2) (a) and
12amended to read:
SB471,4,1413
30.678
(2) (a) No person under
the age of 12 years
of age may operate
, lease or
14rent a personal watercraft.
SB471, s. 12
15Section
12. 30.68 (3) (c) 2. of the statutes is renumbered 30.625 (1m) and
16amended to read:
SB471,4,1817
30.625
(1m) No person who is
at least 12 years of age but under 16 years of age
18may rent or lease a personal watercraft.
SB471, s. 13
19Section
13. 30.68 (3) (c) 3. of the statutes is renumbered 30.678 (2) (b) and
20amended to read:
SB471,4,2421
30.678
(2) (b) No person who is
at least 12 years of age
or older but under 16
22years of age may operate a personal watercraft unless he or she is in possession of
23a
valid certificate issued under s. 30.74 (1)
(a) or a valid boating safety certificate that
24is honored under s. 30.74 (1) (c).
SB471, s. 14
1Section
14. 30.68 (3) (d) of the statutes is renumbered 30.678 (4) and amended
2to read:
SB471,5,63
30.678
(4) Parent and guardian liability. A violation of
par. (b) or (c) sub. (1)
4(a), (b), (c), or (d) or (2) (a), (b), or (c) that is done with the knowledge of a parent or
5guardian shall be
deemed considered a violation by the parent or guardian
, and
shall
6be punishable under s. 30.80.
SB471, s. 15
7Section
15. 30.74 (1) (a) of the statutes is amended to read:
SB471,5,148
30.74
(1) (a) The department shall create comprehensive courses on boating
9safety and operation. These courses shall be offered in cooperation with schools,
10private clubs and organizations, and may be offered by the department in areas
11where requested and where other sponsorship is unavailable. The department shall
12issue certificates to persons 10 years of age or older successfully completing such
13courses.
The department shall prescribe the course content and the form of the
14certificate.
SB471, s. 16
15Section
16. 30.74 (1) (b) of the statutes is amended to read:
SB471,5,2416
30.74
(1) (b)
The department shall prescribe the course content and the form
17of the certificate. An instructor A person conducting a course
or giving instruction 18under this subsection shall collect the instruction fee from each person who receives
19instruction. The department may determine the portion of this fee, which may not
20exceed
50% 50 percent, that the
instructor person may retain to defray expenses
21incurred by the
instructor person in conducting the course
or giving the instruction.
22The
instructor person shall remit the remainder of the fee or, if nothing is retained,
23the entire fee to the department. The department by rule shall set the fee for the
24course.