LRB-0169/3
RPN:kmg:jf
1997 - 1998 LEGISLATURE
May 20, 1997 - Introduced by Representatives Foti, Schafer, Black, Bock,
Brandemuehl, Cullen, Dobyns, Goetsch, Harsdorf, Jeskewitz, Kedzie,
Ladwig, La Fave, F. Lasee, Lazich, M. Lehman, Notestein, Ott, Otte, Plouff,
Powers, Staskunas, Underheim, Urban, Vrakas, Walker and Ward,
cosponsored by Senators Burke, Farrow, Cowles, Grobschmidt, Huelsman,
Rosenzweig and Weeden. Referred to Committee on Highways and
Transportation.
AB365,1,4
1An Act to amend 23.33 (4c) (a) 3., 23.33 (13) (b) 4., 346.63 (2m), 350.101 (1) (c)
2and 350.11 (3) (a) 4. of the statutes;
relating to: raising the age of those persons
3who may not drive or operate an all-terrain vehicle, motor vehicle or
4snowmobile with any alcohol in their blood to the legal drinking age.
Analysis by the Legislative Reference Bureau
Under current law, a person under the age of 19 is prohibited from driving or
operating an all-terrain vehicle, motor vehicle or snowmobile if the person has any
alcohol in his or her blood. This bill changes that age to persons under the legal
drinking age, which is currently 21.
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:
AB365, s. 1
5Section
1. 23.33 (4c) (a) 3. of the statutes is amended to read:
AB365,2,36
23.33
(4c) (a) 3. (title) `Operating with alcohol concentrations at specified
7levels; below
age 19 the legal drinking age.' If a person has not attained the
age of
119 legal drinking age, as defined in s. 125.02 (8m), the person may not engage in the
2operation of an all-terrain vehicle while he or she has an alcohol concentration of
3more than 0.0 but not more than 0.1.
AB365, s. 2
4Section
2. 23.33 (13) (b) 4. of the statutes is amended to read:
AB365,2,75
23.33
(13) (b) 4. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has
6not attained the
age of 19 legal drinking age, as defined in s. 125.02 (8m), shall forfeit
7not more than $50.
AB365, s. 3
8Section
3. 346.63 (2m) of the statutes is amended to read:
AB365,2,169
346.63
(2m) If a person has not attained the
age of 19 legal drinking age, as
10defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while
11he or she has an alcohol concentration of more than 0.0 but not more than 0.1. One
12penalty for violation of this subsection is suspension of a person's operating privilege
13under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
14at any time. If a person arrested for a violation of this subsection refuses to take a
15test under s. 343.305, the refusal is a separate violation and the person is subject to
16revocation of the person's operating privilege under s. 343.305 (10) (em).
AB365, s. 4
17Section
4. 350.101 (1) (c) of the statutes is amended to read:
AB365,2,2218
350.101
(1) (c) (title)
Operating with alcohol concentrations at specified levels;
19below age 19 the legal drinking age. If a person has not attained the
age of 19
legal
20drinking age, as defined in s. 125.02 (8m), the person may not engage in the operation
21of a snowmobile while he or she has an alcohol concentration of more than 0.0 but
22not more than 0.1.
AB365, s. 5
23Section
5. 350.11 (3) (a) 4. of the statutes is amended to read:
AB365,3,3
1350.11
(3) (a) 4. A person who violates s. 350.101 (1) (c) or 350.104 (5) and who
2has not attained the
age of 19 legal drinking age, as defined in s. 125.02 (8m), shall
3forfeit not more than $50.
AB365,3,105
(1) This act first applies to offenses committed or refusals occurring on the
6effective date of this subsection, but does not preclude the counting of other
7convictions, suspensions or revocations as prior convictions, suspensions or
8revocations for purposes of determining the prohibited alcohol concentration,
9administrative action by the department of transportation, sentencing by a court or
10revocation or suspension of operating privileges.
