SB335, s. 38 11Section 38. 349.03 (1) (intro.) and (a) of the statutes are amended to read:
SB335,15,1412 349.03 (1) (intro.) Chapters 341 to 348 and subch. I of ch. 350 shall be uniform
13in operation throughout the state. No local authority may enact or enforce any traffic
14regulation unless such regulation:
SB335,15,1615 (a) Is not contrary to or inconsistent with chs. 341 to 348 and subch. I of ch. 350;
16or
SB335, s. 39 17Section 39. 349.06 (1) (a) of the statutes is amended to read:
SB335,15,2218 349.06 (1) (a) Except for the suspension or revocation of motor vehicle
19operator's licenses or except as provided in par. (b), any local authority may enact and
20enforce any traffic regulation which is in strict conformity with one or more
21provisions of chs. 341 to 348 and subch. I of ch. 350 for which the penalty for violation
22thereof is a forfeiture.
SB335, s. 40 23Section 40. Chapter 350 (title) of the statutes is amended to read:
SB335,16,324 CHAPTER 350
25 SNOWMOBILES and intoxicated

1operation of sport
2 recreational vehicles and
3 commercial motorboats
SB335, s. 41 4Section 41. Subchapter I (title) of chapter 350 [precedes 350.01] of the statutes
5is created to read:
SB335,16,66 CHAPTER 350
SB335,16,87 Subchapter I
8 regulation of snowmobiles
SB335, s. 42 9Section 42. 350.01 (intro.) of the statutes is amended to read:
SB335,16,10 10350.01 Definitions. (intro.) In this chapter subchapter:
SB335, s. 43 11Section 43. 350.01 (1g), (1h) and (1i) of the statutes are repealed.
SB335, s. 44 12Section 44. 350.01 (2), (2d) and (3m) of the statutes are repealed.
SB335, s. 45 13Section 45. 350.01 (9), (9c), (10g) and (10r) of the statutes are repealed.
SB335, s. 46 14Section 46. 350.01 (16) of the statutes is amended to read:
SB335,16,1715 350.01 (16) "Snowmobile route" means a highway or sidewalk designated for
16use by snowmobile operators by the governmental agency having jurisdiction as
17authorized under this chapter subchapter.
SB335, s. 47 18Section 47. 350.01 (21) of the statutes is repealed.
SB335, s. 48 19Section 48. 350.045 of the statutes is amended to read:
SB335,17,2 20350.045 Public utility exemption. So that public utilities may effectively
21carry out their obligations to the public, the restrictions imposed by this chapter
22subchapter relating to use on, near or adjacent to highways shall not apply to
23snowmobiles operated to fulfill the corporate function of the public utility in those
24cases where safety does not require strict adherence to the regulations related to

1snowmobiles in general. However, snowmobiles operated by public utilities must be
2operated in a safe manner at all times.
SB335, s. 49 3Section 49. 350.055 of the statutes is amended to read:
SB335,17,22 4350.055 Safety certification program established. The department shall
5establish a program of instruction on snowmobile laws, including the intoxicated
6snowmobiling law operation of a sport recreational vehicle law, as defined in s. 350.50
7(16)
, regulations, safety, and related subjects. The program shall be conducted by
8instructors certified by the department. The department may procure liability
9insurance coverage for certified instructors for work within the scope of their duties
10under this section. Each person satisfactorily completing this program shall receive
11a snowmobile safety certificate from the department. The department shall
12establish by rule an instruction fee for this program. An instructor conducting a
13program of instruction under this section shall collect the instruction fee from each
14person who receives instruction. The department may determine the portion of this
15fee, which may not exceed 50%, that the instructor may retain to defray expenses
16incurred by the instructor in conducting the program. The instructor shall remit the
17remainder of the fee or, if nothing is retained, the entire fee to the department. A
18person who is required to hold a valid snowmobile safety certificate may operate a
19snowmobile in this state if the person holds a valid snowmobile safety certificate
20issued by another state or province of the Dominion of Canada and if the course
21content of the program in such other state or province substantially meets that
22established by the department under this section.
SB335, s. 50 23Section 50. 350.101 to 350.108 of the statutes are repealed.
SB335, s. 51 24Section 51. 350.11 (1) of the statutes is amended to read:
SB335,18,3
1350.11 (1) (a) Except as provided in par. (b) and subs. (2g), (2m), and (3), any
2person who violates any provision of this chapter subchapter shall forfeit not more
3than $250.
SB335,18,84 (b) Except as provided in subs. (2g), (2m), and (3), any person who violates any
5provision of this chapter subchapter and who, within the last 3 years prior to the
6conviction for the current violation, was 2 or more times previously convicted for
7violating the same provision of this chapter subchapter shall forfeit not more than
8$500.
SB335, s. 52 9Section 52. 350.11 (3) of the statutes is repealed and recreated to read:
SB335,18,1210 350.11 (3) (a) A person who violates s. 350.17 (2) (a) or (b) may be required to
11forfeit not less than $20 nor more than $40 for the first conviction and not less than
12$50 nor more than $100 for the 2nd or subsequent conviction within a year.
SB335,18,1413 (b) A person who violates s. 350.17 (2) (c) may be fined not more than $10,000
14or imprisoned for not more than 9 months or both.
SB335,18,1715 (c) 1. Except as provided in subds. 2., 3., or 4., a person who violates s. 350.17
16(2) (d) shall be fined not less than $600 nor more than $10,000 and may be imprisoned
17for not more than 3 years.
SB335,18,2118 2. If the violation results in bodily harm, as defined in s. 939.22 (4), to another,
19or causes damage to the property of another, as defined in s. 939.22 (28), the person
20shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for
21not more than 3 years.
SB335,18,2422 3. If the violation results in great bodily harm, as defined in s. 939.22 (14), to
23another, the person shall be fined not less than $1,100 nor more than $10,000 and
24may be imprisoned for not more than 3 years.
SB335,19,3
14. If the violation results in the death of another, the person shall be fined not
2less than $1,100 nor more than $10,000 and may be imprisoned for not more than
37 years and 6 months.
Note: Current law provides that a snowmobile operator who refuses to stop after
being requested or signaled to do so by a law enforcement officer must be fined not less
than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more
than one year in the county jail. The violation and penalties are altered as described in
Section 7 of the bill. See also Section 57.
SB335, s. 53 4Section 53. 350.115 (1) (a) of the statutes is amended to read:
SB335,19,85 350.115 (1) (a) If a court imposes a forfeiture for a violation of a provision of this
6chapter subchapter where the payment of a registration fee is required, the court
7shall impose a snowmobile registration restitution payment equal to the amount of
8the fee that was required and should have been obtained.
SB335, s. 54 9Section 54. 350.12 (3) (b) and (4) (a) 4. of the statutes are amended to read:
SB335,19,1810 350.12 (3) (b) Any person who is a resident of this state and the owner of a
11snowmobile which has a model year of 1966 or earlier may, upon application, register
12the snowmobile as an antique snowmobile. Upon payment of a fee of $20, the
13applicant shall be furnished a registration certificate and decals of a distinctive
14design, in lieu of the design on the decals issued under par. (d). The design shall show
15that the snowmobile is an antique. The registration shall be valid without payment
16of any additional registration fee while the snowmobile is owned by the applicant.
17Unless inconsistent with this paragraph, the provisions of this chapter subchapter
18applicable to other snowmobiles shall apply to antique snowmobiles.
SB335,20,6 19(4) (a) 4. An amount necessary to pay the cost of law enforcement aids to
20counties as appropriated under s. 20.370 (5) (es). On or before June 1, a county shall
21file with the department on forms prescribed by the department a detailed statement
22of the costs incurred by the county in the enforcement of this chapter subchapter

1during the preceding May 1 to April 30. The department shall audit the statements
2and determine the county's net costs for enforcement of this chapter subchapter. The
3department shall compute the state aids on the basis of 100% of these net costs and
4shall pay these aids on or before October 1. If the state aids payable to counties
5exceed the moneys available for such purpose, the department shall prorate the
6payments.
SB335, s. 55 7Section 55. 350.12 (4) (b) 3. of the statutes is amended to read:
SB335,20,168 350.12 (4) (b) 3. Not more than $30,000 for a route signing program of aids to
9cities, villages, towns or counties of up to 100% of the cost of initial signing of
10snowmobile routes which connect authorized trails or which offer entrance to or exit
11from trails leading to such municipalities. Aid may be provided under this
12subdivision to cities, villages, towns and counties for up to 100% of the cost of placing
13signs developed under s. 350.108 350.66 (1) (b) which briefly explain the intoxicated
14snowmobiling operation of a sport recreational vehicle law along snowmobile routes.
15Applications and documentation shall be submitted to the department by April 15
16of each year on forms prescribed by departmental rule.
SB335, s. 56 17Section 56. 350.17 (1) of the statutes is amended to read:
SB335,20,2018 350.17 (1) Any officer of the state traffic patrol under s. 110.07 (1), inspector
19under s. 110.07 (3), warden of the department under s. 23.10, county sheriff, or
20municipal peace officer may enforce the provisions of this chapter subchapter.
SB335, s. 57 21Section 57. 350.17 (2) of the statutes is repealed and recreated to read:
SB335,20,2222 350.17 (2) No operator of a snowmobile may do any of the following:
SB335,20,2423 (a) Fail or refuse to comply with any lawful order, signal, or direction of a law
24enforcement officer.
SB335,21,2
1(b) Disobey the instructions of any official traffic sign or signal unless otherwise
2directed by a law enforcement officer.
SB335,21,63 (c) After having received a visual or audible signal to stop his or her snowmobile
4from a law enforcement officer, or marked police vehicle, knowingly resist the law
5enforcement officer by failing to stop the snowmobile as promptly as safety
6reasonably permits.
SB335,21,137 (d) After having received a visual or audible signal from a law enforcement
8officer, or marked police vehicle, knowingly flee or attempt to elude any law
9enforcement officer by willful or wanton disregard of such signal so as to interfere
10with or endanger the operation of the police vehicle, or the law enforcement officer
11or other vehicles or pedestrians, nor may the operator increase the speed of the
12operator's snowmobile or extinguish the lights of the snowmobile in an attempt to
13elude or flee.
Note: See the note to Section 7.
SB335, s. 58 14Section 58. 350.17 (3) of the statutes is amended to read:
SB335,21,1915 350.17 (3) Notwithstanding subs. (1) and (2), no law enforcement officer may
16stop a snowmobile operator for a violation of a statutory provision under this chapter
17subchapter or a rule promulgated or an ordinance adopted under this chapter
18subchapter unless the law enforcement officer has reasonable cause to believe the
19snowmobile operator has committed such a violation.
SB335, s. 59 20Section 59. 350.18 (2) of the statutes is amended to read:
SB335,21,2321 350.18 (2) Any county, town, city or village may enact an ordinance that is in
22strict conformity with ss. 350.02 to 350.05, 350.07 to 350.107, 350.11, 350.12, 350.13,
23350.135, 350.15 to 350.17, 350.19, and 350.99 350.21.
SB335, s. 60 24Section 60. 350.19 of the statutes is amended to read:
SB335,22,2
1350.19 Liability of landowners. Section 895.52 applies to this chapter
2subchapter.
SB335, s. 61 3Section 61. Subchapter II of chapter 350 [precedes 350.50] of the statutes is
4created to read:
SB335,22,55 CHAPTER 350
SB335,22,96 Subchapter II
7 Intoxicated operation of
8 sport recreational vehicles
9 and commercial motorboats
SB335,22,10 10350.50 Definitions. In this subchapter:
SB335,22,11 11(1) "Alcohol" has the meaning given in s. 340.01 (1q).
SB335,22,12 12(2) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
SB335,22,13 13(3) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).
SB335,22,14 14(4) "All-terrain vehicle trail" has the meaning given in s. 23.33 (1) (d).
SB335,22,16 15(5) "Approved public treatment facility" has the meaning given in s. 51.45 (2)
16(c).
SB335,22,19 17(6) "Boat" means every description of watercraft used or capable of being used
18as a means of transportation on water, except a seaplane on the water and a fishing
19raft.
SB335,22,21 20(7) "Bodily harm" means physical pain or injury, illness, or any impairment of
21physical condition.
SB335,22,24 22(8) "Commercial motorboat" means a motorboat while it is being operated to
23transport property or passengers for hire or while it is being used by its operator or
24owner to earn a livelihood or to gain a profit or both.
SB335,22,25 25(9) "Controlled substance" has the meaning given in s. 961.01 (4).
SB335,23,1
1(10) "Controlled substance analog" has the meaning given in s. 961.01 (4m).
SB335,23,2 2(11) "Department" means the department of natural resources.
SB335,23,3 3(12) "Drug" has the meaning given in s. 450.01 (10).
SB335,23,4 4(13) "Highway" has the meaning given in s. 340.01 (22).
SB335,23,5 5(14) "Intoxicant" means any of the following:
SB335,23,76 (a) Alcohol, a controlled substance, a controlled substance analog, any other
7drug, or a vapor-releasing substance.
SB335,23,98 (b) Any combination of alcohol, a controlled substance, a controlled substance
9analog, any other drug, or a vapor-releasing substance.
SB335,23,12 10(15) "Intoxicated operation of a commercial motorboat law" means, if the
11operation of a commercial motorboat is involved, s. 350.52 or a local ordinance in
12conformity with that section or s. 940.09 or 940.25.
SB335,23,15 13(16) "Intoxicated operation of a sport recreational vehicle law" means, if the
14operation of a sport recreational vehicle is involved, s. 350.52 or a local ordinance in
15conformity with that section or s. 940.09 or 940.25.
SB335,23,16 16(17) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB335,23,19 17(18) "Motorboat" means any boat equipped with propulsion machinery,
18whether or not the machinery is the principal source of propulsion, but does not
19include a commercial motorboat.
SB335,23,23 20(19) "Operate" means to exercise physical control over the speed or direction
21of a sport recreational vehicle or commercial motorboat, or to physically manipulate
22or activate any of the controls of a sport recreational vehicle or commercial motorboat
23necessary to put it in motion.
SB335,24,3 24(20) "Operation" means the exercise of physical control over the speed or
25direction of a sport recreational vehicle or commercial motorboat, or the physical

1manipulation or activation of any of the controls of a sport recreational vehicle or
2commercial motorboat necessary to put it in motion. "Operation," with respect to a
3motorboat, does not include a sailboat operating under sail alone.
SB335,24,7 4(21) "Operator" means a person who operates a sport recreational vehicle or
5commercial motorboat, who is responsible for the operation of a sport recreational
6vehicle or commercial motorboat or who is supervising the operation of a sport
7recreational vehicle or commercial motorboat.
SB335,24,9 8(22) (a) "Prohibited alcohol concentration" means, with respect to convictions
9under laws listed in par. (b), one of the following:
SB335,24,1110 1. If the person has one or no prior convictions within 10 years prior to the arrest
11for the current violation, an alcohol concentration of 0.1 or more.
SB335,24,1312 2. If the person has 2 prior convictions within 10 years prior to the arrest for
13the current violation, an alcohol concentration of 0.08 or more.
SB335,24,1514 3. If the person has 3 or more prior convictions within 10 years prior to the
15arrest for the current violation, an alcohol concentration of more than 0.02.
SB335,24,2116 (b) The laws covered under par. (a) are the intoxicated operation of an
17all-terrain vehicle law and refusal law, as defined in s. 23.33 (1) (ic) and (jm), 1999
18stats.; the intoxicated boating law and refusal law, as defined in s. 30.50 (4m) and
19(9x), 1999 stats.; the intoxicated snowmobiling law and refusal law, as defined in s.
20350.01 (9c) and (10r), 1999 stats.; the intoxicated operation of a sport recreational
21vehicle law; and the intoxicated operation of a commercial motorboat law.
SB335,24,24 22(23) "Purpose of authorized analysis" means for the purpose of determining or
23obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
24person's breath, blood, or urine.
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