AB439,7,1715 2. No person may operate an all-terrain vehicle during the time that the
16person's motor vehicle operating privilege is suspended or revoked for a conviction
17counted under s. 343.307 (1).
AB439, s. 12 18Section 12. 23.33 (13) (b) 1. of the statutes is amended to read:
AB439,7,2119 23.33 (13) (b) 1. Except as provided under subds. 2. and 3. to 5., a person who
20violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) shall forfeit not less than $150 $400 nor
21more than $300 $550.
AB439, s. 13 22Section 13. 23.33 (13) (b) 2. of the statutes is amended to read:
AB439,8,323 23.33 (13) (b) 2. Except as provided under subd. 3., a A person who violates sub.
24(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
25current violation, was convicted one time previously under the intoxicated operation

1of an all-terrain vehicle
operating law or the recreational vehicle and boating refusal
2law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned
3not less than 5 days nor more than 6 months one year in the county jail.
AB439, s. 14 4Section 14. 23.33 (13) (b) 3. of the statutes is amended to read:
AB439,8,105 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
6who, within 5 years prior to the arrest for the current violation, was convicted 2 or
7more
times previously under the intoxicated operation of an all-terrain vehicle
8operating law or, the recreational vehicle and boating refusal law, or any combination
9of these laws,
shall be fined not less than $600 nor more than $2,000 and shall be
10imprisoned not less than 30 days nor more than one year in the county jail.
AB439, s. 15 11Section 15. 23.33 (13) (b) 4. of the statutes is renumbered 23.33 (13) (b) 6. and
12amended to read:
AB439,8,1413 23.33 (13) (b) 6. A person who violates sub. (4c) (a) 3. or who violates (4p) (e)
14and who has not attained the legal drinking age of 19 shall forfeit not more than $50.
AB439, s. 16 15Section 16. 23.33 (13) (b) 4b. of the statutes is created to read:
AB439,8,2116 23.33 (13) (b) 4b. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
17who, within 5 years prior to the arrest for the current violation, was convicted 3 times
18previously under the intoxicated operating law, the recreational vehicle and boating
19refusal law, or any combination of these laws, shall be fined not less than $600 nor
20more than $2,000 and shall be imprisoned not less than 60 days nor more than one
21year in the county jail.
AB439, s. 17 22Section 17. 23.33 (13) (b) 5. of the statutes is created to read:
AB439,9,323 23.33 (13) (b) 5. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
24who, within 5 years prior to the arrest for the current violation, was convicted 4 or
25more times previously under the intoxicated operating law, the recreational vehicle

1and boating refusal law, or any combination of these laws, shall be fined not less than
2$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
3than one year in the county jail.
AB439, s. 18 4Section 18. 23.33 (13) (bg) of the statutes is amended to read:
AB439,9,105 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain
6vehicle; underage passengers.
If there is a passenger under 16 years of age on the
7all-terrain vehicle at the time of a violation that gives rise to a conviction under sub.
8(4c) (a) 1. or, 2., or 2m. or (4p) (e), the applicable minimum and maximum forfeitures,
9fines, and terms of imprisonment under pars. par. (b) 1., 2., and, 3., 4b., and 5. for the
10conviction are doubled.
AB439, s. 19 11Section 19. 23.33 (13) (bm) of the statutes is created to read:
AB439,9,2212 23.33 (13) (bm) Alcohol and drug treatment alternatives. 1. In any county that
13opts to offer a reduced minimum period of imprisonment for the successful
14completion of a probation period that includes alcohol and other drug treatment, if
15the number of suspensions, revocations, and convictions for a violation of the
16intoxicated operation of an all-terrain vehicle law or of the all-terrain vehicle refusal
17law within a 5-year period equals 2, except that suspensions, revocations, or
18convictions arising out of the same incident or occurrence shall be counted as one, the
19fine shall be the same as under par. (b) 2., but the period of imprisonment shall be
20not less than 5 days, except that if the person successfully completes a period of
21probation that includes alcohol and other drug treatment, the period of
22imprisonment shall be not less than 5 nor more than 7 days.
AB439,9,2523 2. In any county that opts to offer a reduced minimum period of imprisonment
24for the successful completion of a probation period that includes alcohol and other
25drug treatment, if the number of suspensions, revocations, and convictions for a

1violation of the intoxicated operation of an all-terrain vehicle law or of the
2all-terrain vehicle refusal law within a 5-year period equals 3, except that
3suspensions, revocations, or convictions arising out of the same incident or
4occurrence shall be counted as one, the fine shall be the same as under par. (b) 3., but
5the period of imprisonment shall be not less than 30 days, except that if the person
6successfully completes a period of probation that includes alcohol and other drug
7treatment, the period of imprisonment shall be not less than 14 days.
AB439,10,178 3. In any county that opts to offer a reduced minimum period of imprisonment
9for the successful completion of a probation period that includes alcohol and other
10drug treatment, if the number of suspensions, revocations, and convictions for a
11violation of the intoxicated operation of an all-terrain vehicle law or of the
12all-terrain vehicle refusal law within a 5-year period equals 4, except that
13suspensions, revocations, or convictions arising out of the same incident or
14occurrence shall be counted as one, the fine shall be the same as under par. (b) 4b.,
15but the period of imprisonment shall be not less than 60 days, except that if the
16person successfully completes a period of probation that includes alcohol and other
17drug treatment, the period of imprisonment shall be not less than 29 days.
AB439,10,1918 4. A person may be sentenced under this paragraph or under s. 30.80 (6) (ar)
19or 350.11 (3) (ar) once in his or her lifetime.
AB439, s. 20 20Section 20. 23.33 (13) (br) of the statutes is repealed.
AB439, s. 21 21Section 21. 23.33 (13) (ce) of the statutes is created to read:
AB439,11,222 23.33 (13) (ce) Penalties related to suspension and revocation. 1. A person who
23operates a recreational vehicle in violation of sub. (4y) (b) 1. is subject to a forfeiture
24of not less than $50 nor more than $250. In addition, for each such violation, the court
25may suspend the person's privilege to operate a recreational vehicle for a period of

1not more than 6 months. Whenever a court suspends an operating privilege under
2this subdivision, the court shall notify the department of that action.
AB439,11,73 2. A person who operates an all-terrain vehicle in violation of sub. (4y) (b) 2.
4is subject to a forfeiture of not less than $150 nor more than $300. In addition, the
5court may suspend the person's privilege to operate a recreational vehicle for a period
6of not more than 6 months. Whenever a court suspends an operating privilege under
7this subdivision, the court shall notify the department of that action.
AB439, s. 22 8Section 22. 23.33 (13) (cm) of the statutes is amended to read:
AB439,11,129 23.33 (13) (cm) Sentence of detention. The legislature intends that courts use
10the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
11to par. (b) 2. or, 3., 4b., or 5., or (c). The use of this option can result in significant cost
12savings for the state and local governments.
AB439, s. 23 13Section 23. 23.33 (13) (d) of the statutes is renumbered 23.33 (13) (d) 1. and
14amended to read:
AB439,11,1715 23.33 (13) (d) 1. In determining the number of previous convictions under par.
16(b) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be
17counted as one previous conviction.
AB439, s. 24 18Section 24. 23.33 (13) (d) 2. of the statutes is created to read:
AB439,12,219 23.33 (13) (d) 2. In determining the number of previous convictions under par.
20(b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain
21vehicle law or under the all-terrain vehicle refusal law that occurred before, on, or
22after the effective date of this subdivision .... [LRB inserts date], and previous
23convictions under the intoxicated boating law, as defined in s. 30.50 (4m), the boating
24refusal law, as defined in s. 30.50 (2c), the intoxicated snowmobiling law, as defined
25in s. 350.01 (9c), or the snowmobiling refusal law, as defined in s. 350.01 (17m), that

1occur after the effective date of this subdivision .... [LRB inserts date], shall count as
2previous convictions.
AB439, s. 25 3Section 25. 23.33 (13) (dm) of the statutes is amended to read:
AB439,12,104 23.33 (13) (dm) Reporting convictions to the department. Whenever a person
5is convicted of a violation of the intoxicated operation of an all-terrain vehicle law
6or the all-terrain vehicle refusal law, the clerk of the court in which the conviction
7occurred, or the justice, judge or magistrate of a court not having a clerk, shall
8forward to the department the record of such conviction. The record of conviction
9forwarded to the department shall state whether the offender was involved in an
10accident at the time of the offense.
AB439, s. 26 11Section 26. 23.33 (13) (eg) of the statutes is created to read:
AB439,12,1912 23.33 (13) (eg) Certificate of completion of safety program. In addition to any
13other penalty or order, a person who for the first time violates the intoxicated
14operation of an all-terrain vehicle law or the all-terrain vehicle refusal law shall be
15ordered by the court to obtain a certificate of satisfactory completion of a safety
16program established under s. 23.33 (5) (d). If the person has a valid certificate at the
17time that the court imposes sentence for such a violation, the court shall
18permanently revoke the certificate and order the person to obtain another certificate
19of satisfactory completion of the safety program.
AB439, s. 27 20Section 27. 30.50 (4n) of the statutes is created to read:
AB439,12,2321 30.50 (4n) "Intoxicated operating law" means the intoxicated operation of an
22all-terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated boating law, or
23the intoxicated snowmobiling law, as defined in s. 350.01 (9c).
AB439, s. 28 24Section 28. 30.50 (4v) of the statutes is created to read:
AB439,12,2525 30.50 (4v) "Legal drinking age" means 21 years of age.
AB439, s. 29
1Section 29. 30.50 (9m) of the statutes is created to read:
AB439,13,32 30.50 (9m) "Recreational motorboat" means a motorboat that is not a
3commercial motorboat.
AB439, s. 30 4Section 30. 30.50 (9s) of the statutes is created to read:
AB439,13,65 30.50 (9s) "Recreational vehicle" means an all-terrain vehicle, as defined in s.
6340.01 (2g), a recreational motorboat, or a snowmobile, as defined in s. 340.01 (58a).
AB439, s. 31 7Section 31. 30.50 (9t) of the statutes is created to read:
AB439,13,108 30.50 (9t) "Recreational vehicle and boating refusal law" means the all-terrain
9vehicle refusal law, as defined in s. 23.33 (1) (br), the boating refusal law, or the
10snowmobiling refusal law, as defined in s. 350.01 (17m).
AB439, s. 32 11Section 32. 30.50 (9x) of the statutes is renumbered 30.50 (2c) and amended
12to read:
AB439,13,1413 30.50 (2c) "Refusal Boating refusal law" means s. 30.684 (5) or a local ordinance
14in conformity with that subsection.
AB439, s. 33 15Section 33. 30.681 (1) (bn) of the statutes is amended to read:
AB439,13,1916 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below
17legal drinking age.
A person who has not attained the legal drinking age, as defined
18in s. 125.02 (8m),
may not engage in the operation of a motorboat while he or she has
19 a blood an alcohol concentration of more than 0.0 but less than 0.08.
AB439, s. 34 20Section 34. 30.681 (1) (c) of the statutes is amended to read:
AB439,14,421 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
22may proceed upon a complaint based upon a violation of any combination of par. (a)
23or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
24is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses
25shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1.,

11m., or 2. for acts arising out of the same incident or occurrence, there shall be a
2single conviction for purposes of sentencing and for purposes of counting convictions
3under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require
4proof of a fact for conviction which the others do not require.
AB439, s. 35 5Section 35. 30.681 (2) (c) of the statutes is amended to read:
AB439,14,156 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
7may proceed upon a complaint based upon a violation of any combination of par. (a)
8or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
9is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the
10complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
11of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
12incident or occurrence, there shall be a single conviction for purposes of sentencing
13and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5.
14Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which
15the others do not require.
AB439, s. 36 16Section 36. 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB439,14,2317 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
18intoxicated boating law where the defendant was operating a recreational motorboat
19that is not a commercial motorboat, the defendant has a defense if he or she proves
20by a preponderance of the evidence that the injury would have occurred even if he
21or she had been exercising due care and he or she had not been under the influence
22of an intoxicant or did not have an alcohol concentration of 0.08 or more or a
23detectable amount of a restricted controlled substance in his or her blood.
AB439, s. 37 24Section 37. 30.686 of the statutes is amended to read:
AB439,15,4
130.686 Report arrest to department. If a law enforcement officer arrests
2a person for a violation of the intoxicated boating law or the boating refusal law, the
3law enforcement officer shall notify the department of the arrest as soon as
4practicable.
AB439, s. 38 5Section 38. 30.688 of the statutes is created to read:
AB439,15,12 630.688 Suspension or revocation of operating privileges. (1) Orders to
7suspend or revoke.
(a) If a court imposes a penalty for a violation of the intoxicated
8boating law or the boating refusal law and if the violation involved the operation of
9a recreational motorboat, the court shall order the suspension of the person's
10privilege to operate a recreational vehicle for a period of not less than 12 months and
11not more than 16 months. Whenever a court suspends an operating privilege under
12this paragraph, the court shall notify the department of that action.
AB439,15,2313 (b) In addition to the order under par. (a), the court shall also order the
14revocation of the person's privilege to operate a motor vehicle on public premises, as
15defined in s. 23.33 (1) (jc), if the person, within 5 years prior to the arrest for the
16current violation subject to the order under par. (a), violated the intoxicated
17operating law or the recreational vehicle and boating refusal law. The period of
18revocation shall be not less than 6 months and not more than 12 months. Whenever
19a court revokes an operating privilege under this paragraph, the court may take
20possession of the revoked license. If the court takes possession of the revoked license,
21the court shall destroy the license. The court shall forward to the department of
22transportation the record of the conviction and notice of revocation. The person is
23eligible for an occupational license under s. 343.10 at any time.
AB439,15,25 24(2) Operating while suspended or revoked. (a) No person may operate a
25recreational vehicle in violation of a suspension order imposed under sub. (1) (a).
AB439,16,3
1(b) No person may operate a recreational motorboat during the time that the
2person's motor vehicle operating privilege is suspended or revoked for a conviction
3counted under s. 343.307 (1).
AB439, s. 39 4Section 39. 30.74 (1) (bn) of the statutes is amended to read:
AB439,16,85 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for
6life unless the certificate or the person's privilege to operate a motorboat is
7suspended or
revoked by a court under s. 30.688 (1) (a), 30.80 (2m) or (6) (e), or
8938.343 (5).
AB439, s. 40 9Section 40. 30.80 (6) (a) 1. of the statutes is amended to read:
AB439,16,1310 30.80 (6) (a) 1. Except as provided under subds. 2. to 5., a person who violates
11s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or
12the refusal law 30.684 (5) shall forfeit not less than $150 $400 nor more than $300
13$550.
AB439, s. 41 14Section 41. 30.80 (6) (a) 2. of the statutes is amended to read:
AB439,16,2115 30.80 (6) (a) 2. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
16in conformity with s. 30.681 (1) (a) or (b) or the refusal law
or 30.684 (5) and who,
17within 5 years prior to the arrest for the current violation, was convicted one time
18previously under the intoxicated boating operating law or the recreational vehicle
19and boating
refusal law shall be fined not less than $300 nor more than $1,000 $1,100
20and shall be imprisoned for not less than 5 days nor more than 6 months one year
21in the county jail
.
AB439, s. 42 22Section 42. 30.80 (6) (a) 3. of the statutes is amended to read:
AB439,17,423 30.80 (6) (a) 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
24in conformity with s. 30.681 (1) (a) or (b) or the refusal law
or 30.684 (5) and who,
25within 5 years prior to the arrest for the current violation, was convicted 2 times

1previously under the intoxicated boating operating law or, the recreational vehicle
2and boating
refusal law, or any combination of these laws, shall be fined not less than
3$600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more
4than one year in the county jail.
AB439, s. 43 5Section 43. 30.80 (6) (a) 4. of the statutes is amended to read:
AB439,17,126 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
7in conformity with s. 30.681 (1) (a) or (b) or the refusal law
or 30.684 (5) and who,
8within 5 years prior to the arrest for the current violation, was convicted 3 times
9previously under the intoxicated boating operating law or, the recreational vehicle
10and boating
refusal law, or any combination of these laws, shall be fined not less than
11$600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more
12than one year in the county jail.
AB439, s. 44 13Section 44. 30.80 (6) (a) 5. of the statutes is amended to read:
AB439,17,2014 30.80 (6) (a) 5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
15in conformity with s. 30.681 (1) (a) or (b) or the refusal law
or 30.684 (5) and who,
16within 5 years prior to the arrest for the current violation, was convicted 4 or more
17times previously under the intoxicated boating operating law or, the recreational
18vehicle and boating
refusal law, or any combination of these laws, shall be fined not
19less than $600 nor more than $2,000 and shall be imprisoned for not less than 6
20months nor more than one year in the county jail.
AB439, s. 45 21Section 45. 30.80 (6) (a) 6. of the statutes is amended to read:
AB439,17,2422 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in
23conformity with s. 30.681 (1) (bn)
who violates s. 30.684 (5) and has not attained the
24legal drinking age
shall forfeit $50.
AB439, s. 46 25Section 46. 30.80 (6) (am) of the statutes is created to read:
AB439,18,5
130.80 (6) (am) Penalties related to operating with underage passengers. If there
2is a passenger under 16 years of age in a motorboat at the time of a violation that
3gives rise to a conviction under s. 30.681 (1) (a) or (b) 1. or 1m. or 30.684 (5), the
4applicable minimum and maximum forfeitures, fines, and terms of imprisonment
5under par. (a) 1., 2., 3., 4., and 5. for the conviction are doubled.
AB439, s. 47 6Section 47. 30.80 (6) (ar) of the statutes is created to read:
AB439,18,167 30.80 (6) (ar) Alcohol and drug treatment alternatives. 1. In any county that
8opts to offer a reduced minimum period of imprisonment for the successful
9completion of a probation period that includes alcohol and other drug treatment, if
10the number of suspensions, revocations, and convictions for a violation of the
11intoxicated boating law or the boating refusal law within a 5-year period equals 2,
12except that suspensions, revocations, or convictions arising out of the same incident
13or occurrence shall be counted as one, the fine shall be the same as under par. (a) 2.,
14but the period of imprisonment shall be not less than 5 days, except that if the person
15successfully completes a period of probation that includes alcohol and other drug
16treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
AB439,19,217 2. In any county that opts to offer a reduced minimum period of imprisonment
18for the successful completion of a probation period that includes alcohol and other
19drug treatment, if the number of suspensions, revocations, and convictions for a
20violation of the intoxicated boating law or the boating refusal law within a 5-year
21period equals 3, except that suspensions, revocations, or convictions arising out of
22the same incident or occurrence shall be counted as one, the fine shall be the same
23as under par. (a) 3., but the period of imprisonment shall be not less than 30 days,
24except that if the person successfully completes a period of probation that includes

1alcohol and other drug treatment, the period of imprisonment shall be not less than
214 days.
AB439,19,123 3. In any county that opts to offer a reduced minimum period of imprisonment
4for the successful completion of a probation period that includes alcohol and other
5drug treatment, if the number of suspensions, revocations, and convictions for a
6violation of the intoxicated boating law or the boating refusal law within a 5-year
7period equals 4, except that suspensions, revocations, or convictions arising out of
8the same incident or occurrence shall be counted as one, the fine shall be the same
9as under par. (a) 4., but the period of imprisonment shall be not less than 60 days,
10except that if the person successfully completes a period of probation that includes
11alcohol and other drug treatment, the period of imprisonment shall be not less than
1229 days.
AB439,19,1413 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm)
14or 350.11 (3) (ar) once in his or her lifetime.
AB439, s. 48 15Section 48. 30.80 (6) (bg) of the statutes is created to read:
AB439,19,2116 30.80 (6) (bg) Penalties related to suspension and revocation. 1. A person who
17operates a recreational vehicle in violation of s. 30.688 (2) (a) is subject to a forfeiture
18of not less than $50 nor more than $250. In addition, for each such violation, the court
19may suspend the person's privilege to operate a recreational vehicle for a period of
20not more than 6 months. Whenever a court suspends an operating privilege under
21this subdivision, the court shall notify the department of that action.
AB439,20,222 2. A person who operates a recreational motorboat in violation of s. 30.688 (2)
23(b) is subject to a forfeiture of not less than $150 nor more than $300. In addition,
24the court may suspend the person's privilege to operate a recreational vehicle for a

1period of not more than 6 months. Whenever a court suspends an operating privilege
2under this subdivision, the court shall notify the department of that action.
AB439, s. 49 3Section 49. 30.80 (6) (bn) of the statutes is created to read:
AB439,20,74 30.80 (6) (bn) Sentence of detention. The legislature intends that courts use the
5sentencing option under s. 973.03 (4) whenever appropriate for persons subject to
6par. (a) 2., 3., 4., or 5. or (b). The use of this option can result in significant cost savings
7for the state and local governments.
AB439, s. 50 8Section 50. 30.80 (6) (c) of the statutes is renumbered 30.80 (6) (c) 1.
AB439, s. 51 9Section 51. 30.80 (6) (c) 2. of the statutes is created to read:
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