SB335: Bill Text

SB335, s. 50 Section 50. 350.101 to 350.108 of the statutes are repealed.

SB335, s. 51 Section 51. 350.11 (1) of the statutes is amended to read:

SB335,18,3 350.11 (1) (a) Except as provided in par. (b) and subs. (2g), (2m), and (3), any person who violates any provision of this chapter subchapter shall forfeit not more than $250.

SB335,18,8 (b) Except as provided in subs. (2g), (2m), and (3), any person who violates any provision of this chapter subchapter and who, within the last 3 years prior to the conviction for the current violation, was 2 or more times previously convicted for violating the same provision of this chapter subchapter shall forfeit not more than $500.

SB335, s. 52 Section 52. 350.11 (3) of the statutes is repealed and recreated to read:

SB335,18,12 350.11 (3) (a) A person who violates s. 350.17 (2) (a) or (b) may be required to forfeit not less than $20 nor more than $40 for the first conviction and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

SB335,18,14 (b) A person who violates s. 350.17 (2) (c) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB335,18,17 (c) 1. Except as provided in subds. 2., 3., or 4., a person who violates s. 350.17 (2) (d) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,18,21 2. If the violation results in bodily harm, as defined in s. 939.22 (4), to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,18,24 3. If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,19,3 4. If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 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 Section 53. 350.115 (1) (a) of the statutes is amended to read:

SB335,19,8 350.115 (1) (a) If a court imposes a forfeiture for a violation of a provision of this chapter subchapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution payment equal to the amount of the fee that was required and should have been obtained.

SB335, s. 54 Section 54. 350.12 (3) (b) and (4) (a) 4. of the statutes are amended to read:

SB335,19,18 350.12 (3) (b) Any person who is a resident of this state and the owner of a snowmobile which has a model year of 1966 or earlier may, upon application, register the snowmobile as an antique snowmobile. Upon payment of a fee of $20, the applicant shall be furnished a registration certificate and decals of a distinctive design, in lieu of the design on the decals issued under par. (d). The design shall show that the snowmobile is an antique. The registration shall be valid without payment of any additional registration fee while the snowmobile is owned by the applicant. Unless inconsistent with this paragraph, the provisions of this chapter subchapter applicable to other snowmobiles shall apply to antique snowmobiles.

SB335,20,6 (4) (a) 4. An amount necessary to pay the cost of law enforcement aids to counties as appropriated under s. 20.370 (5) (es). On or before June 1, a county shall file with the department on forms prescribed by the department a detailed statement of the costs incurred by the county in the enforcement of this chapter subchapter during the preceding May 1 to April 30. The department shall audit the statements and determine the county's net costs for enforcement of this chapter subchapter. The department shall compute the state aids on the basis of 100% of these net costs and shall pay these aids on or before October 1. If the state aids payable to counties exceed the moneys available for such purpose, the department shall prorate the payments.

SB335, s. 55 Section 55. 350.12 (4) (b) 3. of the statutes is amended to read:

SB335,20,16 350.12 (4) (b) 3. Not more than $30,000 for a route signing program of aids to cities, villages, towns or counties of up to 100% of the cost of initial signing of snowmobile routes which connect authorized trails or which offer entrance to or exit from trails leading to such municipalities. Aid may be provided under this subdivision to cities, villages, towns and counties for up to 100% of the cost of placing signs developed under s. 350.108 350.66 (1) (b) which briefly explain the intoxicated snowmobiling operation of a sport recreational vehicle law along snowmobile routes. Applications and documentation shall be submitted to the department by April 15 of each year on forms prescribed by departmental rule.

SB335, s. 56 Section 56. 350.17 (1) of the statutes is amended to read:

SB335,20,20 350.17 (1) Any officer of the state traffic patrol under s. 110.07 (1), inspector under s. 110.07 (3), warden of the department under s. 23.10, county sheriff, or municipal peace officer may enforce the provisions of this chapter subchapter.

SB335, s. 57 Section 57. 350.17 (2) of the statutes is repealed and recreated to read:

SB335,20,22 350.17 (2) No operator of a snowmobile may do any of the following:

SB335,20,24 (a) Fail or refuse to comply with any lawful order, signal, or direction of a law enforcement officer.

SB335,21,2 (b) Disobey the instructions of any official traffic sign or signal unless otherwise directed by a law enforcement officer.

SB335,21,6 (c) After having received a visual or audible signal to stop his or her snowmobile from a law enforcement officer, or marked police vehicle, knowingly resist the law enforcement officer by failing to stop the snowmobile as promptly as safety reasonably permits.

SB335,21,13 (d) After having received a visual or audible signal from a law enforcement officer, or marked police vehicle, knowingly flee or attempt to elude any law enforcement officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the law enforcement officer or other vehicles or pedestrians, nor may the operator increase the speed of the operator's snowmobile or extinguish the lights of the snowmobile in an attempt to elude or flee.

Note: See the note to Section 7.

SB335, s. 58 Section 58. 350.17 (3) of the statutes is amended to read:

SB335,21,19 350.17 (3) Notwithstanding subs. (1) and (2), no law enforcement officer may stop a snowmobile operator for a violation of a statutory provision under this chapter subchapter or a rule promulgated or an ordinance adopted under this chapter subchapter unless the law enforcement officer has reasonable cause to believe the snowmobile operator has committed such a violation.

SB335, s. 59 Section 59. 350.18 (2) of the statutes is amended to read:

SB335,21,23 350.18 (2) Any county, town, city or village may enact an ordinance that is in strict conformity with ss. 350.02 to 350.05, 350.07 to 350.107, 350.11, 350.12, 350.13, 350.135, 350.15 to 350.17, 350.19, and 350.99 350.21.

SB335, s. 60 Section 60. 350.19 of the statutes is amended to read:

SB335,22,2 350.19 Liability of landowners. Section 895.52 applies to this chapter subchapter.

SB335, s. 61 Section 61. Subchapter II of chapter 350 [precedes 350.50] of the statutes is created to read:

SB335,22,5 CHAPTER 350

SB335,22,9 Subchapter II Intoxicated operation of sport recreational vehicles and commercial motorboats

SB335,22,10 350.50 Definitions. In this subchapter:

SB335,22,11 (1) "Alcohol" has the meaning given in s. 340.01 (1q).

SB335,22,12 (2) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

SB335,22,13 (3) "All-terrain vehicle" has the meaning given in s. 340.01 (2g).

SB335,22,14 (4) "All-terrain vehicle trail" has the meaning given in s. 23.33 (1) (d).

SB335,22,16 (5) "Approved public treatment facility" has the meaning given in s. 51.45 (2) (c).

SB335,22,19 (6) "Boat" means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water and a fishing raft.

SB335,22,21 (7) "Bodily harm" means physical pain or injury, illness, or any impairment of physical condition.

SB335,22,24 (8) "Commercial motorboat" means a motorboat while it is being operated to transport property or passengers for hire or while it is being used by its operator or owner to earn a livelihood or to gain a profit or both.

SB335,22,25 (9) "Controlled substance" has the meaning given in s. 961.01 (4).

SB335,23,1 (10) "Controlled substance analog" has the meaning given in s. 961.01 (4m).

SB335,23,2 (11) "Department" means the department of natural resources.

SB335,23,3 (12) "Drug" has the meaning given in s. 450.01 (10).

SB335,23,4 (13) "Highway" has the meaning given in s. 340.01 (22).

SB335,23,5 (14) "Intoxicant" means any of the following:

SB335,23,7 (a) Alcohol, a controlled substance, a controlled substance analog, any other drug, or a vapor-releasing substance.

SB335,23,9 (b) Any combination of alcohol, a controlled substance, a controlled substance analog, any other drug, or a vapor-releasing substance.

SB335,23,12 (15) "Intoxicated operation of a commercial motorboat law" means, if the operation of a commercial motorboat is involved, s. 350.52 or a local ordinance in conformity with that section or s. 940.09 or 940.25.

SB335,23,15 (16) "Intoxicated operation of a sport recreational vehicle law" means, if the operation of a sport recreational vehicle is involved, s. 350.52 or a local ordinance in conformity with that section or s. 940.09 or 940.25.

SB335,23,16 (17) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB335,23,19 (18) "Motorboat" means any boat equipped with propulsion machinery, whether or not the machinery is the principal source of propulsion, but does not include a commercial motorboat.

SB335,23,23 (19) "Operate" means to exercise physical control over the speed or direction of a sport recreational vehicle or commercial motorboat, or to physically manipulate or activate any of the controls of a sport recreational vehicle or commercial motorboat necessary to put it in motion.

SB335,24,3 (20) "Operation" means the exercise of physical control over the speed or direction of a sport recreational vehicle or commercial motorboat, or the physical manipulation or activation of any of the controls of a sport recreational vehicle or commercial motorboat necessary to put it in motion. "Operation," with respect to a motorboat, does not include a sailboat operating under sail alone.

SB335,24,7 (21) "Operator" means a person who operates a sport recreational vehicle or commercial motorboat, who is responsible for the operation of a sport recreational vehicle or commercial motorboat or who is supervising the operation of a sport recreational vehicle or commercial motorboat.

SB335,24,9 (22) (a) "Prohibited alcohol concentration" means, with respect to convictions under laws listed in par. (b), one of the following:

SB335,24,11 1. If the person has one or no prior convictions within 10 years prior to the arrest for the current violation, an alcohol concentration of 0.1 or more.

SB335,24,13 2. If the person has 2 prior convictions within 10 years prior to the arrest for the current violation, an alcohol concentration of 0.08 or more.

SB335,24,15 3. If the person has 3 or more prior convictions within 10 years prior to the arrest for the current violation, an alcohol concentration of more than 0.02.

SB335,24,21 (b) The laws covered under par. (a) are the intoxicated operation of an all-terrain vehicle law and refusal law, as defined in s. 23.33 (1) (ic) and (jm), 1999 stats.; the intoxicated boating law and refusal law, as defined in s. 30.50 (4m) and (9x), 1999 stats.; the intoxicated snowmobiling law and refusal law, as defined in s. 350.01 (9c) and (10r), 1999 stats.; the intoxicated operation of a sport recreational vehicle law; and the intoxicated operation of a commercial motorboat law.

SB335,24,24 (23) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person's breath, blood, or urine.

SB335,25,2 (24) "Refusal law" means s. 350.58 (5) or a local ordinance in conformity with that subsection.

SB335,25,4 (25) "Sport recreational vehicle" means an all-terrain vehicle, a motorboat, or a snowmobile.

SB335,25,5 (26) "Snowmobile" has the meaning given in s. 340.01 (58a).

SB335,25,6 (27) "Snowmobile trail" has the meaning given in s. 350.01 (17).

SB335,25,8 (28) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).

SB335,25,13 (29) "Under the influence of an intoxicant" means a condition in which a person's ability to operate a sport recreational vehicle or commercial motorboat, because of the consumption or use of an intoxicant, is impaired to the extent that the person is less able to exercise the clear judgment and steady hand necessary to handle and control a sport recreational vehicle or commercial motorboat.

SB335,25,14 (30) "Waters of this state" has the meaning given in s. 30.50 (14).

Note: This section restates definitions from ss. 23.33 (1), 30.50 and 350.01, stats. For purposes of consolidated treatment, the term "sport recreational vehicle" is created to mean an all-terrain vehicle, a motorboat or a snowmobile. The term does not include a commercial motorboat. See, also, with respect to the definition of the term "prohibited alcohol concentration", the note following s. 350.52.

Also, this section creates a definition for the term "under the influence of an intoxicant". The term is defined to mean a condition in which a person's ability to operate a sport recreational vehicle or commercial motorboat, because of the consumption or use of an intoxicant, is impaired to the extent that the person is less able to exercise the clear judgment and steady hand necessary to handle and control a sport recreational vehicle. This definition codifies language contained in Wisconsin criminal jury instructions, s. 2663, with respect to a person operating a motor vehicle while under the influence of an intoxicant. The new standard replaces the phrase "incapable of safe operation" that currently applies to all-terrain vehicles, motorboats and snowmobiles. In addition, the bill adds to the definition of the term "intoxicant" by including the term "a vapor-releasing substance".

SB335,26,2 350.52 Intoxicated operation of a sport recreational vehicle or commercial motorboat. (1) Operation. (a) Operating while under the influence of an intoxicant. No person may operate a sport recreational vehicle or commercial motorboat while under the influence of an intoxicant.

SB335,26,5 (b) Operating with alcohol concentrations at or above specified levels. 1. No person may operate a sport recreational vehicle while the person has a prohibited alcohol concentration.

SB335,26,7 2. No person may operate a commercial motorboat while the person has an alcohol concentration of 0.04 or more.

SB335,26,11 (c) Operating with alcohol concentrations at specified levels; under age 21. If a person has not attained the age of 21, the person may not operate a sport recreational vehicle or commercial motorboat while he or she has an alcohol concentration of more than 0.0 but not more than 0.1.

SB335,26,19 (d) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or (b) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both pars. (a) and (b), the offenses shall be joined. If the person is found guilty of violating both pars. (a) and (b) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.74 (1) (b) to (e). Paragraphs (a) and (b) each require proof of a fact for conviction which the other does not require.

SB335,26,23 (2) Causing bodily harm. (a) Causing bodily harm while under the influence of an intoxicant. No person while under the influence of an intoxicant may cause bodily harm to another person by the operation of a sport recreational vehicle or commercial motorboat.

SB335,27,3 (b) Causing bodily harm with alcohol concentrations at or above specified levels. 1. No person who has a prohibited alcohol concentration may cause bodily harm to another person by the operation of a sport recreational vehicle.

SB335,27,5 2. No person who has an alcohol concentration of 0.04 or more may cause bodily harm to another person by the operation of a commercial motorboat.

SB335,27,14 (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of par. (a) or (b) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both pars. (a) and (b) in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of violating both pars. (a) and (b) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.74 (1) (b) to (e). Paragraphs (a) and (b) each require proof of a fact for conviction which the other does not require.

SB335,27,19 (d) Defenses. 1. Except as provided in subd. 2., in an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have a prohibited alcohol concentration.

SB335,27,24 2. In an action under this subsection for a violation of the intoxicated operation of a commercial motorboat law, the defendant has a defense if he or she proves by a preponderance of the evidence that the bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.04 or more.

Note: This Section restates ss. 23.33 (4c), 30.681 and 350.101, stats., with the following exceptions:

1. Under current law, a person under the age of 19 may not operate an all-terrain vehicle or a snowmobile if the person has alcohol in his or her system. Also, under current law, a person under the age of 21 may not operate a motorboat if the person has alcohol in his or her system. This bill uniformly provides that persons under the age of 21 must maintain absolute sobriety when operating any type of sport recreational vehicle or commercial motorboat.