Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB656 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-3518/1
2	2	EHS:skw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 656
5	5	November 9, 2023 - Introduced by Representatives SWEARINGEN, PLUMER, SINICKI,
6	6	SNODGRASS, SPIROS, WITTKE and DALLMAN, cosponsored by Senators
7	7	FELZKOWSKI, NASS, ROYS and TESTIN. Referred to Committee on Forestry,
8	8	Parks and Outdoor Recreation.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 30.69 (3) (d); and to create 30.01 (1ag), 30.01 (1ah), 30.50 (13r),
11	11	30.50 (13v) and 30.69 (3) (cm) of the statutes; relating to: the regulation of
12	12	wakesurfing and wakeboarding.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill regulates wakesurfing and wakeboarding. The bill defines
15	15	wakesurfing as surfing a motorboat's wake, regardless of whether the person is being
16	16	pulled by a tow rope attached to the motorboat that is producing the wake or
17	17	operating a motorboat in a manner that creates a wake that is, or is intended to be,
18	18	surfed by another person. The bill defines wakeboarding as being towed on a board
19	19	with or without foot bindings by a motorboat across the vessel's wake or operating
20	20	a motorboat in a manner that creates a wake while towing a person on a board with
21	21	or without foot bindings.
22	22	Under current law, various regulations apply to water skiing, aquaplaning, “or
23	23	similar activity,” and under current law, wakesurfing and wakeboarding likely fall
24	24	under “aquaplaning” or “similar activity.” The bill explicitly provides that
25	25	“aquaplaning” includes wakesurfing and wakeboarding, and thereby applies the
26	26	same safety regulations that apply to water skiing and aquaplaning to wakesurfing
27	27	and wakeboarding. These regulations include requiring an observer or a wide-angle
28	28	mirror on the motorboat, restricting wakesurfing and wakeboarding to between
29	29	sunrise and sunset, prohibiting intoxicated wakesurfing and wakeboarding,
30	30	requiring a motorboat used for wakesurfing or wakeboarding to stay more than 100
31	31	feet away from any occupied anchored boat, personal watercraft, or marked
32	32	1
33	33	2
34	34	3 - 2 -2023 - 2024 Legislature LRB-3518/1
35	35	EHS:skw
36	36	ASSEMBLY BILL 656
37	37	swimming area or public boat landing, and prohibiting a person engaged in
38	38	wakesurfing or wakeboarding from being within 100 feet, or allowing a tow rope to
39	39	be within 100 feet, of a personal watercraft.
40	40	The bill also adds restrictions that apply specifically to wakeboarding and
41	41	wakesurfing. Current law prohibits the operation of a motorboat on a lake open to
42	42	public access that is 50 acres or less. The bill prohibits wakesurfing and
43	43	wakeboarding on a body of water of 50 acres or less or that is less than 400 feet wide,
44	44	regardless of public access. The bill prohibits wakesurfing or wakeboarding within
45	45	200 feet of a shoreline or dock, pier, boathouse, or other structure located completely
46	46	or partly on the water, though the bill allows a local ordinance to be less strict, but
47	47	not more strict, than this prohibition. The bill also requires that a person surfing a
48	48	wake or being towed on a board must wear a personal flotation device.
49	49	The bill applies the same penalties to wakesurfing and wakeboarding
50	50	violations that apply to water skiing violations under current law.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 30.01 (1ag) of the statutes is created to read:
54	54	30.01 (1ag) “Aquaplaning” includes wakesurfing and wakeboarding.
55	55	SECTION 2. 30.01 (1ah) of the statutes is created to read:
56	56	30.01 (1ah) “Aquaplane” includes the board upon which a person rides while
57	57	wakesurfing or wakeboarding.
58	58	SECTION 3. 30.50 (13r) of the statutes is created to read:
59	59	30.50 (13r) “Wakeboarding” means the activity of any of the following:
60	60	(a) Being towed on a board with or without foot bindings by a motorboat across
61	61	the motorboat's wake.
62	62	(b) Operating a motorboat in a manner that creates a wake while towing a
63	63	person on a board with or without foot bindings.
64	64	SECTION 4. 30.50 (13v) of the statutes is created to read:
65	65	30.50 (13v) “Wakesurfing” means the activity of any of the following:
66	66	1
67	67	2
68	68	3
69	69	4
70	70	5
71	71	6
72	72	7
73	73	8
74	74	9
75	75	10
76	76	11
77	77	12
78	78	13 - 3 -2023 - 2024 Legislature
79	79	LRB-3518/1
80	80	EHS:skw
81	81	SECTION 4
82	82	ASSEMBLY BILL 656
83	83	(a) Surfing a motorboat's wake, regardless of whether the person is being pulled
84	84	by a tow rope attached to the motorboat that is producing the wake.
85	85	(b) Operating a motorboat in a manner that creates a wake that is, or is
86	86	intended to be, surfed by a person.
87	87	SECTION 5. 30.69 (3) (cm) of the statutes is created to read:
88	88	30.69 (3) (cm) 1. Except as provided in subd. 2., no person may engage in
89	89	wakesurfing or wakeboarding in any of the following circumstances:
90	90	a. On a body of water that is 50 acres or less.
91	91	b. On a portion of a body of water with a width, measured from the nearest
92	92	shoreline to the second nearest shoreline, of less than 400 feet.
93	93	c. Subject to subd. 3., within 200 feet of a shoreline or a dock, pier, boathouse,
94	94	or other structure located completely or partly on the body of water.
95	95	d. When surfing a wake or being towed on a board without wearing a personal
96	96	flotation device prescribed by federal regulations.
97	97	2. Subdivision 1. does not apply to duly authorized wakeboarding or
98	98	wakesurfing tournaments, competitions, exhibitions, or trials therefor, where
99	99	adequate lighting is provided.
100	100	3. In an ordinance enacted under s. 30.77, a city, village, town, public inland
101	101	lake protection and rehabilitation district, or town sanitary district may not be more
102	102	restrictive than the prohibition in subd. 1. c. but may provide an exemption from the
103	103	prohibition in subd. 1. c. or substitute a lesser number of feet.
104	104	SECTION 6. 30.69 (3) (d) of the statutes is amended to read:
105	105	1
106	106	2
107	107	3
108	108	4
109	109	5
110	110	6
111	111	7
112	112	8
113	113	9
114	114	10
115	115	11
116	116	12
117	117	13
118	118	14
119	119	15
120	120	16
121	121	17
122	122	18
123	123	19
124	124	20
125	125	21
126	126	22 - 4 -2023 - 2024 Legislature LRB-3518/1
127	127	EHS:skw
128	128	SECTION 6 ASSEMBLY BILL 656
129	129	30.69 (3) (d) Paragraphs (a) to (c) (cm) do not apply to pickup or drop areas that
130	130	are marked with regulatory markers and that are open to operators of personal
131	131	watercraft and to persons and motorboats engaged in water skiing or similar activity.
132	132	(END)
133	133	1
134	134	2
135	135	3
136	136	4