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LRB-4441/1
EHS:jld
2017 Special Session
2017 - 2018 LEGISLATURE
Requiring the use of personal flotation devices
Preliminary Draft - Not Ready For Introduction
October 24, 2017 - Introduced by Representatives Mursau, Kitchens, Anderson,
Berceau, Billings, E. Brooks, Considine, Genrich, Hesselbein, Horlacher,
Kolste, Kremer, Petryk, Pronschinske, Ripp, Rodriguez, Sinicki, Snyder,
Spiros, Spreitzer, Subeck and Tauchen, cosponsored by Senators Petrowski,
Bewley, Johnson, Larson, Marklein, Ringhand and Risser. Referred to
Committee on Natural Resources and Sporting Heritage.
AB575,1,4 1An Act to amend 165.755 (1) (b), 302.46 (1) (a), 757.05 (1) (a), 814.63 (1) (c),
2814.63 (2), 814.85 (1) (a) and 814.86 (1); and to create 30.68 (1) and 30.80 (2c)
3of the statutes; relating to: regulating the operation of recreational vessels
4carrying persons under the age of ten and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits the operator of a recreational vessel from carrying a
passenger who is under the age of ten unless, during all times when the vessel is
underway, the passenger is wearing a properly fitting personal flotation device or the
passenger remains below deck or in an enclosed cabin. The bill establishes a
forfeiture of not more than $50 for a first violation and not more than $100 for a
second or subsequent violation. The bill also exempts the imposition of such a
forfeiture from the requirement under current law that a court impose certain court
costs and surcharges when it imposes a forfeiture.
For further information see the state and local 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:
AB575,1
1Section 1. 30.68 (1) of the statutes is created to read:
AB575,2,62 30.68 (1) Operating requirements; carrying a passenger under the age of 10.
3(a) In this subsection, “recreational vessel" means a vessel manufactured or operated
4primarily for pleasure or leased, rented, or chartered to another person for the other
5person's pleasure but does not include a vessel engaged in the carriage of passengers
6for hire.
AB575,2,87 (b) No person may operate a recreational vessel carrying a passenger who is
8under the age of 10 unless any of the following applies:
AB575,2,109 1. During all times when the recreational vessel is underway, the passenger is
10wearing a properly fitting personal flotation device.
AB575,2,1211 2. During all times when the recreational vessel is underway, the passenger
12remains below deck or in an enclosed cabin.
AB575,2 13Section 2. 30.80 (2c) of the statutes is created to read:
AB575,2,1514 30.80 (2c) Any person violating s. 30.68 (1) shall forfeit not more than $50 for
15a first violation and not more than $100 for a 2nd or subsequent violation.
AB575,3 16Section 3. 165.755 (1) (b) of the statutes is amended to read:
AB575,2,2217 165.755 (1) (b) A court may not impose the crime laboratories and drug law
18enforcement surcharge under par. (a) for a violation of s. 101.123 (2) or (2m), for a
19financial responsibility violation under s. 344.62 (2), or for a violation of a state law
20or municipal or county ordinance involving a nonmoving traffic violation, a violation
21under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m), or a
22personal flotation device use violation under s. 30.68 (1)
.
AB575,4 23Section 4. 302.46 (1) (a) of the statutes is amended to read:
AB575,3,924 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law
25or for a violation of a municipal or county ordinance except for a violation of s. 101.123

1(2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation
2of state laws or municipal or county ordinances involving nonmoving traffic
3violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s.
4347.48 (2m), or personal flotation device use violations under s. 30.68 (1), the court,
5in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of
6the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are
7involved, the court shall determine the jail surcharge on the basis of each fine or
8forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall
9reduce the jail surcharge in proportion to the suspension.
AB575,5 10Section 5. 757.05 (1) (a) of the statutes is amended to read:
AB575,3,2111 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
12state law or for a violation of a municipal or county ordinance except for a violation
13of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2),
14or for a violation of state laws or municipal or county ordinances involving
15nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
16violations under s. 347.48 (2m), or personal flotation device use violations under s.
1730.68 (1),
there shall be imposed in addition a penalty surcharge under ch. 814 in an
18amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are
19involved, the penalty surcharge shall be based upon the total fine or forfeiture for all
20offenses. When a fine or forfeiture is suspended in whole or in part, the penalty
21surcharge shall be reduced in proportion to the suspension.
AB575,6 22Section 6. 814.63 (1) (c) of the statutes is amended to read:
AB575,4,223 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
24101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a

1violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48
2(2m), or for a personal flotation device use violation under s. 30.68 (1).
AB575,7 3Section 7. 814.63 (2) of the statutes is amended to read:
AB575,4,114 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
5violation of a county, town, city, village, town sanitary district, or public inland lake
6protection and rehabilitation district ordinance, except for an action for a financial
7responsibility violation under s. 344.62 (2) or, for a violation under s. 343.51 (1m) (b)
8or, for a safety belt use violation under s. 347.48 (2m), or for a personal flotation
9device use violation under s. 30.68 (1),
the county, town, city, village, town sanitary
10district, or public inland lake protection and rehabilitation district shall pay a
11nonrefundable fee of $5 to the clerk of circuit court.
AB575,8 12Section 8. 814.85 (1) (a) of the statutes is amended to read:
AB575,4,1813 814.85 (1) (a) Except for an action for a financial responsibility violation under
14s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or, for a safety belt use violation
15under s. 347.48 (2m), or for a personal flotation device use violation under s. 30.68
16(1),
the clerk of circuit court shall charge and collect a $68 court support services
17surcharge from any person, including any governmental unit as defined in s. 108.02
18(17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
AB575,9 19Section 9. 814.86 (1) of the statutes is amended to read:
AB575,5,220 814.86 (1) Except for an action for a financial responsibility violation under s.
21344.62 (2), or for a violation under s. 343.51 (1m) (b) or, for a safety belt use violation
22under s. 347.48 (2m), or for a personal flotation device use violation under s. 30.68
23(1),
the clerk of circuit court shall charge and collect a $21.50 justice information
24system surcharge from any person, including any governmental unit, as defined in
25s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or

1(3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition
2to the surcharge listed in sub. (1m).
AB575,5,33 (End)
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