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AB439, s. 56 8Section 56. 343.10 (2) (a) 1. of the statutes is amended to read:
AB439,22,159 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
10incident or occurrence for which the person's license or operating privilege is
11currently revoked or suspended, the person's license or operating privilege was not
12revoked or suspended previously under this chapter or ch. 344 or s. 23.33 (4y) (a) 2.,
1330.688 (1) (b), 350.1075 (1) (b),
943.21 (3m) or 961.50 within the one-year period
14immediately preceding the present revocation or suspension, except as provided in
15s. 344.40.
AB439, s. 57 16Section 57. 343.10 (9) of the statutes is amended to read:
AB439,22,2017 343.10 (9) Notice. The department shall inform a person whose operating
18privilege is revoked or suspended under this chapter or chs. 23, 30, or 350 of his or
19her right to apply to the department for issuance of an occupational license under
20this section.
AB439, s. 58 21Section 58. 343.21 (1) (jr) of the statutes is amended to read:
AB439,22,2522 343.21 (1) (jr) In addition to any other fee under this subsection, for
23reinstatement of an operating privilege previously revoked or suspended under s.
2423.33 (4y) (a) 2., 30.688 (1) (b), 343.305 (7), or 350.1075 (1) (b) or resulting from the
25commission of an offense listed in s. 343.307, $140.
AB439, s. 59
1Section 59. 350.01 (9b) of the statutes is created to read:
AB439,23,42 350.01 (9b) "Intoxicated operating law" means the intoxicated operation of an
3all-terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated boating law, as
4defined in s. 30.50 (4m), or the intoxicated snowmobiling law.
AB439, s. 60 5Section 60. 350.01 (9j) of the statutes is created to read:
AB439,23,66 350.01 (9j) "Legal drinking age" means 21 years of age.
AB439, s. 61 7Section 61. 350.01 (10p) of the statutes is created to read:
AB439,23,108 350.01 (10p) "Recreational vehicle" means an all-terrain vehicle, as defined
9in s. 340.01 (2g), a recreational motorboat, as defined in s. 30.50 (9m), or a
10snowmobile.
AB439, s. 62 11Section 62. 350.01 (10q) of the statutes is created to read:
AB439,23,1412 350.01 (10q) "Recreational vehicle and boating refusal law" means the
13all-terrain vehicle refusal law, as defined in s. 23.33 (1) (br), the boating refusal law,
14as defined in s. 30.50 (2c), or the snowmobiling refusal law.
AB439, s. 63 15Section 63. 350.01 (10r) of the statutes is renumbered 350.01 (17m) and
16amended to read:
AB439,23,1817 350.01 (17m) "Refusal Snowmobiling refusal law" means s. 350.104 (5) or a
18local ordinance in conformity therewith.
AB439, s. 64 19Section 64. 350.055 (1) of the statutes is amended to read:
AB439,24,1220 350.055 (1) The department shall establish a program of instruction on
21snowmobile laws, including the intoxicated snowmobiling law, regulations, safety
22and related subjects. The program shall be conducted by instructors certified by the
23department. The department may procure liability insurance coverage for certified
24instructors for work within the scope of their duties under this section. For each
25person who is under the age of 16 years, the program shall include 6 hours of

1classroom instruction, and the instructor may provide to the person up to 2
2additional hours of instruction on a snowmobile as to how it is actually operated.

3Each person satisfactorily completing this program shall receive a snowmobile
4safety certificate from the department. The department shall establish by rule an
5instruction fee for this program. An instructor conducting a program of instruction
6under this section shall collect the instruction fee from each person who receives
7instruction. The department may determine the portion of this fee, which may not
8exceed 50%, that the instructor may retain to defray expenses incurred by the
9instructor in conducting the program. The instructor shall remit the remainder of
10the fee or, if nothing is retained, the entire fee to the department. The department
11shall issue a duplicate certificate of accomplishment to a person who is entitled to a
12duplicate certificate of accomplishment and who pays a fee of $2.75.
AB439, s. 65 13Section 65. 350.101 (1) (c) of the statutes is amended to read:
AB439,24,1714 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below
15legal drinking age 19. If a A person who has not attained the legal drinking age of
1619, the person
may not engage in the operation of a snowmobile while he or she has
17an alcohol concentration of more than 0.0 but not more less than 0.08.
AB439, s. 66 18Section 66. 350.101 (1) (d) of the statutes is amended to read:
AB439,25,219 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
20may proceed upon a complaint based upon a violation of any combination of par. (a),
21(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
22charged with violating any combination of par. (a), (b), or (bm), the offenses shall be
23joined. If the person is found guilty of any combination of par. (a), (b), or (bm) for acts
24arising out of the same incident or occurrence, there shall be a single conviction for
25purposes of sentencing and for purposes of counting convictions under s. 350.11 (3)

1(a) 2. and 3. to 5. Paragraphs (a), (b), and (bm) each require proof of a fact for
2conviction which the others do not require.
AB439, s. 67 3Section 67. 350.101 (2) (c) of the statutes is amended to read:
AB439,25,134 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
5may proceed upon a complaint based upon a violation of any combination of par. (a),
6(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
7charged with violating any combination of par. (a), (b), or (bm) in the complaint, the
8crimes shall be joined under s. 971.12. If the person is found guilty of any
9combination of par. (a), (b), or (bm) for acts arising out of the same incident or
10occurrence, there shall be a single conviction for purposes of sentencing and for
11purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs
12(a), (b), and (bm) each require proof of a fact for conviction which the others do not
13require.
AB439, s. 68 14Section 68. 350.106 of the statutes is amended to read:
AB439,25,18 15350.106 Report arrest to department. If a law enforcement officer arrests
16a person for a violation of the intoxicated snowmobiling law or the snowmobiling
17refusal law, the law enforcement officer shall notify the department of the arrest as
18soon as practicable.
AB439, s. 69 19Section 69. 350.1075 of the statutes is created to read:
AB439,26,2 20350.1075 Suspension or revocation of operating privileges. (1) Orders
21to suspend or revoke.
(a) If a court imposes a penalty for a violation of the
22intoxicated snowmobiling law or the snowmobiling refusal law, the court shall order
23the suspension of the person's privilege to operate a recreational vehicle for a period
24of not less than 12 months and not more than 16 months. Whenever a court suspends

1an operating privilege under this paragraph, the court shall notify the department
2of that action.
AB439,26,143 (b) In addition to the order under par. (a), the court shall also order the
4revocation of the person's privilege to operate a motor vehicle on public premises, as
5defined in s. 23.33 (1) (jc), if the person, within 5 years prior to the arrest for the
6current violation of the intoxicated snowmobiling law or the snowmobiling refusal
7law, violated the intoxicated operating law or the recreational vehicle and boating
8refusal law. The period of revocation shall be not less than 6 months and not more
9than 12 months. Whenever a court revokes an operating privilege under this
10paragraph, the court may take possession of the revoked license. If the court takes
11possession of the revoked license, the court shall destroy the license. The court shall
12forward to the department of transportation the record of the conviction and notice
13of revocation. The person is eligible for an occupational license under s. 343.10 at any
14time.
AB439,26,16 15(2) Operating while suspended or revoked. (a) No person may operate a
16recreational vehicle in violation of a suspension order imposed under sub. (1) (a).
AB439,26,1917 (b) No person may operate a snowmobile during the time that the person's
18motor vehicle operating privilege is suspended or revoked for a conviction counted
19under s. 343.307 (1).
AB439, s. 70 20Section 70. 350.11 (3) (a) 1. of the statutes is amended to read:
AB439,26,2321 350.11 (3) (a) 1. Except as provided under subds. 2. and 3. to 5., a person who
22violates s. 350.101 (1) (a), (b), or (bm) or s. 350.104 (5) shall forfeit not less than $400
23nor more than $550.
AB439, s. 71 24Section 71. 350.11 (3) (a) 2. of the statutes is amended to read:
AB439,27,6
1350.11 (3) (a) 2. Except as provided under subd. 3., a A person who violates
2s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest
3for the current violation, was convicted one time previously under the intoxicated
4snowmobiling operating law or the recreational vehicle and boating refusal law shall
5be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned not
6less than 5 days nor more than 6 months one year in the county jail.
AB439, s. 72 7Section 72. 350.11 (3) (a) 3. of the statutes is amended to read:
AB439,27,138 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104
9(5) and who, within 5 years prior to the arrest for the current violation, was convicted
102 or more times previously under the intoxicated snowmobiling operating law or, the
11recreational vehicle and boating
refusal law, or any combination of these laws, shall
12be fined not less than $600 nor more than $2,000 and shall be imprisoned not less
13than 30 days nor more than one year in the county jail.
AB439, s. 73 14Section 73. 350.11 (3) (a) 4. of the statutes is renumbered 350.11 (3) (a) 6. and
15amended to read:
AB439,27,1816 350.11 (3) (a) 6. A person who violates s. 350.101 (1) (c) or who violates 350.104
17(5) and who has not attained the legal drinking age of 19 shall forfeit not more than
18$50.
AB439, s. 74 19Section 74. 350.11 (3) (a) 4b. of the statutes is created to read:
AB439,27,2520 350.11 (3) (a) 4b. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104
21(5) and who, within 5 years prior to the arrest for the current violation, was convicted
223 times previously under the intoxicated operating law, the recreational vehicle and
23boating refusal law, or any combination of these laws, shall be fined not less than
24$600 nor more than $2,000 and shall be imprisoned not less than 60 days nor more
25than one year in the county jail.
AB439, s. 75
1Section 75. 350.11 (3) (a) 5. of the statutes is created to read:
AB439,28,72 350.11 (3) (a) 5. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104
3(5) and who, within 5 years prior to the arrest for the current violation, was convicted
44 or more times previously under the intoxicated operating law, the recreational
5vehicle and boating refusal law, or any combination of these laws, shall be fined not
6less than $600 nor more than $2,000 and shall be imprisoned not less than 6 months
7nor more than one year in the county jail.
AB439, s. 76 8Section 76. 350.11 (3) (am) of the statutes is created to read:
AB439,28,139 350.11 (3) (am) Penalties related to operating with underage passengers. If
10there is a passenger under 16 years of age on a snowmobile at the time of a violation
11that gives rise to a conviction under s. 350.101 (1) (a), (b), or (bm) or 350.104 (5), the
12applicable minimum and maximum forfeitures, fines, and terms of imprisonment
13under par. (a) 1., 2., 3., 4b., and 5. for the conviction are doubled.
AB439, s. 77 14Section 77. 350.11 (3) (ar) of the statutes is created to read:
AB439,28,2515 350.11 (3) (ar) Alcohol and drug treatment alternatives. 1. In any county that
16opts to offer a reduced minimum period of imprisonment for the successful
17completion of a probation period that includes alcohol and other drug treatment, if
18the number of suspensions, revocations, and convictions for a violation of the
19intoxicated snowmobiling law or the snowmobiling refusal law within a 5-year
20period equals 2, except that suspensions, revocations, or convictions arising out of
21the same incident or occurrence shall be counted as one, the fine shall be the same
22as under par. (a) 2., but the period of imprisonment shall be not less than 5 days,
23except that if the person successfully completes a period of probation that includes
24alcohol and other drug treatment, the period of imprisonment shall be not less than
255 nor more than 7 days.
AB439,29,10
12. In any county that opts to offer a reduced minimum period of imprisonment
2for the successful completion of a probation period that includes alcohol and other
3drug treatment, if the number of suspensions, revocations, and convictions for a
4violation of the intoxicated snowmobiling law or the snowmobiling refusal law within
5a 5-year period equals 3, except that suspensions, revocations, or convictions arising
6out of the same incident or occurrence shall be counted as one, the fine shall be the
7same as under par. (a) 3., but the period of imprisonment shall be not less than 30
8days, except that if the person successfully completes a period of probation that
9includes alcohol and other drug treatment, the period of imprisonment shall be not
10less than 14 days.
AB439,29,2011 3. In any county that opts to offer a reduced minimum period of imprisonment
12for the successful completion of a probation period that includes alcohol and other
13drug treatment, if the number of suspensions, revocations, and convictions for a
14violation of the intoxicated snowmobiling law or the snowmobiling refusal law within
15a 5-year period equals 4, except that suspensions, revocations, or convictions arising
16out of the same incident or occurrence shall be counted as one, the fine shall be the
17same as under par. (a) 4b., but the period of imprisonment shall be not less than 60
18days, except that if the person successfully completes a period of probation that
19includes alcohol and other drug treatment, the period of imprisonment shall be not
20less than 29 days.
AB439,29,2221 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm)
22or 30.80 (6) (ar) once in his or her lifetime.
AB439, s. 78 23Section 78. 350.11 (3) (bg) of the statutes is created to read:
AB439,30,524 350.11 (3) (bg) Penalties related to suspension and revocation. 1. A person who
25operates a recreational vehicle in violation of s. 350.1075 (2) (a) is subject to a

1forfeiture of not less than $50 nor more than $250. In addition, for each such
2violation, the court may suspend the person's privilege to operate a recreational
3vehicle for a period of not more than 6 months. Whenever a court suspends an
4operating privilege under this subdivision, the court shall notify the department of
5that action.
AB439,30,106 2. A person who operates a snowmobile in violation of s. 350.1075 (2) (b) is
7subject to a forfeiture of not less than $150 nor more than $300. In addition, the court
8may suspend the person's privilege to operate a recreational vehicle for a period of
9not more than 6 months. Whenever a court suspends an operating privilege under
10this subdivision, the court shall notify the department of that action.
AB439, s. 79 11Section 79. 350.11 (3) (bm) of the statutes is amended to read:
AB439,30,1512 350.11 (3) (bm) Sentence of detention. The legislature intends that courts use
13the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
14to par. (a) 2. or, 3., 4b., or 5. or (b). The use of this option can result in significant cost
15savings for the state and local governments.
AB439, s. 80 16Section 80. 350.11 (3) (c) of the statutes is renumbered 350.11 (3) (c) 1. and
17amended to read:
AB439,30,2018 350.11 (3) (c) 1. In determining the number of previous convictions under par.
19(a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be
20counted as one previous conviction.
AB439, s. 81 21Section 81. 350.11 (3) (c) 2. of the statutes is created to read:
AB439,31,522 350.11 (3) (c) 2. In determining the number of previous convictions under par.
23(a) 2. to 5., previous convictions under the intoxicated snowmobiling law or the
24snowmobiling refusal law that occurred before, on, or after the effective date of this
25subdivision .... [LRB inserts date], and previous convictions under the intoxicated

1operation of an all-terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain
2vehicle refusal law, as defined in s. 23.33 (1) (br), the intoxicated boating law, as
3defined in s. 30.50 (4m), or the boating refusal law, as defined in s. 30.50 (2c), that
4occur after the effective date of this subdivision .... [LRB inserts date], shall count as
5previous convictions.
AB439, s. 82 6Section 82. 350.11 (3) (cm) of the statutes is amended to read:
AB439,31,127 350.11 (3) (cm) Reporting convictions to the department. Whenever a person
8is convicted of a violation of the intoxicated snowmobiling law or the snowmobiling
9refusal law
, the clerk of the court in which the conviction occurred, or the justice,
10judge or magistrate of a court not having a clerk,
shall forward to the department the
11record of such conviction. The record of conviction forwarded to the department shall
12state whether the offender was involved in an accident at the time of the offense.
AB439, s. 83 13Section 83. 350.11 (3) (e) of the statutes is created to read:
AB439,31,2114 350.11 (3) (e) Certificate of completion of safety program. In addition to any
15other penalty or order, a person who for the first time violates the intoxicated
16snowmobiling law or the snowmobiling refusal law shall be ordered by the court to
17obtain a certificate of satisfactory completion of a safety program established under
18s. 350.055 (1). If the person has a valid certificate at the time that the court imposes
19sentence for such a violation, the court shall permanently revoke the certificate and
20order the person to obtain another certificate of satisfactory completion of the safety
21program.
AB439, s. 84 22Section 84. 940.09 (1m) (b) of the statutes is amended to read:
AB439,32,723 940.09 (1m) (b) If a person is charged in an information with any of the
24combinations of crimes referred to in par. (a), the crimes shall be joined under s.
25971.12. If the person is found guilty of more than one of the crimes so charged for

1acts arising out of the same incident or occurrence, there shall be a single conviction
2for purposes of sentencing and for purposes of counting convictions under s. 23.33
3(13) (b) 2. and 3. to 5., under s. 30.80 (6) (a) 2. and 3. to 5., under s. 343.307 (1) or under
4s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e)
5each require proof of a fact for conviction which the others do not require, and sub.
6(1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which
7the others do not require.
AB439, s. 85 8Section 85. 940.25 (1m) (b) of the statutes is amended to read:
AB439,32,179 940.25 (1m) (b) If a person is charged in an information with any of the
10combinations of crimes referred to in par. (a), the crimes shall be joined under s.
11971.12. If the person is found guilty of more than one of the crimes so charged for
12acts arising out of the same incident or occurrence, there shall be a single conviction
13for purposes of sentencing and for purposes of counting convictions under s. 23.33
14(13) (b) 2. and 3. to 5., under s. 30.80 (6) (a) 2. or 3. to 5., under ss. 343.30 (1q) and
15343.305 or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c),
16(cm), (d), and (e) each require proof of a fact for conviction which the others do not
17require.
AB439, s. 86 18Section 86. Effective date.
AB439,32,2019 (1) This act takes effect on the first day of the 4th month beginning after
20publication.
AB439,32,2121 (End)
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