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LRB-2696/2
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2011 - 2012 LEGISLATURE
December 20, 2011 - Introduced by Representatives Bies, Molepske Jr, Berceau,
Hulsey, Jacque, A. Ott, Petryk, Staskunas
and Thiesfeldt, cosponsored by
Senator Olsen. Referred to Committee on Transportation.
AB439,2,6 1An Act to repeal 23.33 (13) (br); to renumber 30.80 (6) (c); to renumber and
2amend
23.33 (1) (jm), 23.33 (13) (b) 4., 23.33 (13) (d), 30.50 (9x), 350.01 (10r),
3350.11 (3) (a) 4. and 350.11 (3) (c); to amend 23.33 (4c) (a) 3., 23.33 (4c) (a) 4.,
423.33 (4c) (b) 3., 23.33 (4t), 23.33 (13) (b) 1., 23.33 (13) (b) 2., 23.33 (13) (b) 3.,
523.33 (13) (bg), 23.33 (13) (cm), 23.33 (13) (dm), 30.681 (1) (bn), 30.681 (1) (c),
630.681 (2) (c), 30.681 (2) (d) 1. a., 30.686, 30.74 (1) (bn), 30.80 (6) (a) 1., 30.80
7(6) (a) 2., 30.80 (6) (a) 3., 30.80 (6) (a) 4., 30.80 (6) (a) 5., 30.80 (6) (a) 6., 30.80
8(6) (e), 59.54 (14) (g), 343.10 (1) (a), 343.10 (2) (a) 1., 343.10 (9), 343.21 (1) (jr),
9350.055 (1), 350.101 (1) (c), 350.101 (1) (d), 350.101 (2) (c), 350.106, 350.11 (3)
10(a) 1., 350.11 (3) (a) 2., 350.11 (3) (a) 3., 350.11 (3) (bm), 350.11 (3) (cm), 940.09
11(1m) (b) and 940.25 (1m) (b); and to create 23.33 (1) (ib), 23.33 (1) (im), 23.33
12(1) (jc), 23.33 (1) (jh), 23.33 (1) (jk), 23.33 (4y), 23.33 (13) (b) 4b., 23.33 (13) (b)
135., 23.33 (13) (bm), 23.33 (13) (ce), 23.33 (13) (d) 2., 23.33 (13) (eg), 30.50 (4n),
1430.50 (4v), 30.50 (9m), 30.50 (9s), 30.50 (9t), 30.688, 30.80 (6) (am), 30.80 (6)

1(ar), 30.80 (6) (bg), 30.80 (6) (bn), 30.80 (6) (c) 2., 30.80 (6) (cm), 350.01 (9b),
2350.01 (9j), 350.01 (10p), 350.01 (10q), 350.1075, 350.11 (3) (a) 4b., 350.11 (3)
3(a) 5., 350.11 (3) (am), 350.11 (3) (ar), 350.11 (3) (bg), 350.11 (3) (c) 2. and 350.11
4(3) (e) of the statutes; relating to: intoxicated operation of all-terrain vehicles,
5snowmobiles, motorboats, and motor vehicles, snowmobile safety instruction
6for persons under 16 years of age, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person may not operate a snowmobile, an all-terrain
vehicle (ATV), or a motorboat while under the influence of alcohol or a controlled
substance to a degree that he or she cannot operate the vehicle or boat safely. Under
current law, a personal watercraft is included in the definition of "motorboat."
Current law also prohibits the operation of an ATV, a recreational motorboat, or a
snowmobile by a person who has an alcohol concentration of 0.08 or more. For
motorboats being operated on a commercial basis, the maximum alcohol
concentration is 0.04. These laws are respectively referred to under current law as
the intoxicated operation of an ATV law, the intoxicated boating law, and the
intoxicated snowmobiling law. Under current law, a person who refuses to submit
to a legal request for a breath, blood, or urine sample pursuant to an arrest for
operating a snowmobile, an ATV, or a recreational motorboat while under the
influence is in violation of what is known as the refusal law.
Under current law, in imposing a penalty for a violation of the intoxicated
operation of an ATV, the intoxicated boating, or the intoxicated snowmobiling law,
a court may only count as a previous conviction of the same law, or the applicable
refusal law. For example, if a person is before the court for violating the intoxicated
snowmobiling law or the snowmobile refusal law, the court may count only previous
convictions of the intoxicated snowmobiling law and the snowmobile refusal law as
prior convictions. Previous convictions of the intoxicated operation of an ATV law
or of the intoxicated boating law or of the applicable refusal laws may not be counted.
Under this bill, a court must count previous convictions of any of these intoxicated
operation or refusal laws that occurred within the previous five years when imposing
a penalty for a violation of any of these laws.
The bill makes the provisions of the intoxicated operation of an ATV, the
intoxicated boating, and the intoxicated snowmobiling laws more consistent. These
changes include:
1. Raising the age of absolute sobriety for the operation of snowmobiles and
ATVs to 21. Current law requires absolute sobriety for persons under the age of 19
who are operating snowmobiles and ATVs and for persons under the age of 21 for
motorboats.

2. Adopting the higher penalties for various violations where the penalties for
violations of the intoxicated operation of an ATV law, the intoxicated boating law, the
intoxicated snowmobiling law, and the refusal law conflict.
3. Imposing increased penalties for violating the intoxicating boating law or the
intoxicated snowmobiling law or related refusal law if the motorboat or snowmobile
is operated with a passenger under 16 years of age. The increased penalty already
exists for a violation of the intoxicated operation of an ATV law and the ATV refusal
law.
4. Repealing the provisions that imposed increased penalties for operating an
ATV with an alcohol concentration level that is 0.17 or more. Under current law,
these increased penalties are not imposed for violations of the intoxicated boating or
the intoxicated snowmobiling laws.
The bill provides that when counting the number of convictions within the
previous five years, the previous convictions for intoxicated operation of that same
type of recreational vehicle or the related refusal law that occurred before the
effective date of this bill are counted, but previous convictions for the other two types
of recreational vehicles that occurred before the effective date of this bill are not
counted.
The bill also requires a court to enter an order to suspend the person's privilege
to operate a snowmobile, an ATV, and a motorboat for a period of not less than 12
months and not more that 16 months if the court imposes a penalty for a violation
of the intoxicated operation of an ATV, the intoxicated boating, or the intoxicated
snowmobiling law or the related refusal law. The bill also provides a forfeiture and
additional six-month period of operating privilege suspension for violating the order
of suspension.
If the person is found guilty of a violation of the intoxicated operation of an ATV,
the intoxicated boating, or the intoxicated snowmobiling law or the related refusal
law and has, within the previous five years, violated one of these laws, the bill
requires the court to revoke the person's privilege to operate a motor vehicle for not
less than six months and not more than 12 months. Under the bill, the person may
be eligible for an occupational driver's license at any time during the revocation
period. The bill requires the person whose operating privilege was revoked to pay a
$140 reinstatement fee.
Under the bill, if a person has had his or her privilege to operate a motor vehicle
suspended or revoked for a violation of a prohibition against operating a motor
vehicle while intoxicated, the person may not operate a snowmobile, an ATV, or a
motorboat during the period of that motor vehicle operating privilege suspension or
revocation. The bill also provides a forfeiture and an additional six-month period
of operating privilege suspension for violating the order of suspension.
Under current law the sentences of persons who are convicted of certain second,
third, or fourth offenses involving the operation of a motor vehicle while under the
influence of an intoxicant may be reduced if the violator successfully completes a
period of probation that includes alcohol and other drug treatment. A person may
complete a treatment program and receive a reduced period of imprisonment only
once. This bill allows this option to be used for persons convicted of a violation of the

intoxicated operation of an ATV, the intoxicated boating, the intoxicated
snowmobiling law, or the applicable refusal law.
Under current law, with limited exceptions, no person may operate a
snowmobile without having completed a snowmobile safety course. For persons
under the age of 16, the course must include six hours of classroom instruction. This
bill repeals this classroom instruction requirement.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB439, s. 1 1Section 1. 23.33 (1) (ib) of the statutes is created to read:
AB439,4,42 23.33 (1) (ib) "Intoxicated operating law" means the intoxicated operation of
3an all-terrain vehicle law, the intoxicated boating law, as defined in s. 30.50 (4m),
4or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).
AB439, s. 2 5Section 2. 23.33 (1) (im) of the statutes is created to read:
AB439,4,66 23.33 (1) (im) "Legal drinking age" means 21 years of age.
AB439, s. 3 7Section 3. 23.33 (1) (jc) of the statutes is created to read:
AB439,4,138 23.33 (1) (jc) "Public premises" means all premises held out to the public for use
9of a motor vehicle, including highways, all premises provided by employers to
10employees for the use of their motor vehicles, and all premises provided to tenants
11of rental housing in buildings of 4 or more units for the use of their motor vehicles,
12whether such premises are publicly or privately owned and whether or not a fee is
13charged for the use of those premises.
AB439, s. 4 14Section 4. 23.33 (1) (jh) of the statutes is created to read:
AB439,5,3
123.33 (1) (jh) "Recreational vehicle" means an all-terrain vehicle, a
2recreational motorboat as defined in s. 30.50 (9m), or a snowmobile, as defined in s.
3340.01 (58a).
AB439, s. 5 4Section 5. 23.33 (1) (jk) of the statutes is created to read:
AB439,5,75 23.33 (1) (jk) "Recreational vehicle and boating refusal law" means the
6all-terrain vehicle refusal law, the boating refusal law, as defined in s. 30.50 (2c), or
7the snowmobiling refusal law, as defined in s. 350.01 (17m).
AB439, s. 6 8Section 6. 23.33 (1) (jm) of the statutes is renumbered 23.33 (1) (br) and
9amended to read:
AB439,5,1110 23.33 (1) (br) "Refusal All-terrain vehicle refusal law" means sub. (4p) (e) or
11a local ordinance in conformity therewith.
AB439, s. 7 12Section 7. 23.33 (4c) (a) 3. of the statutes is amended to read:
AB439,5,1613 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels;
14below legal drinking age 19.' If a A person who has not attained the legal drinking
15age of 19, the person may not engage in the operation of an all-terrain vehicle while
16he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.
AB439, s. 8 17Section 8. 23.33 (4c) (a) 4. of the statutes is amended to read:
AB439,6,218 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
19prosecutor may proceed upon a complaint based upon a violation of any combination
20of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
21person is charged with violating any combination of subd. 1., 2., or 2m., the offenses
22shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m.
23for acts arising out of the same incident or occurrence, there shall be a single
24conviction for purposes of sentencing and for purposes of counting convictions under

1sub. (13) (b) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact
2for conviction which the others do not require.
AB439, s. 9 3Section 9. 23.33 (4c) (b) 3. of the statutes is amended to read:
AB439,6,124 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
5prosecutor may proceed upon a complaint based upon a violation of any combination
6of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
7person is charged with violating any combination of subd. 1., 2., or 2m. in the
8complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
9of any combination of subd. 1, 2., or 2m. 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 sub. (13) (b) 2. and 3. to 5. Subdivisions 1.,
122., and 2m. each require proof of a fact for conviction which the others do not require.
AB439, s. 10 13Section 10. 23.33 (4t) of the statutes is amended to read:
AB439,6,1714 23.33 (4t) Report arrest to department. If a law enforcement officer arrests
15a person for a violation of the intoxicated operation of an all-terrain vehicle law or
16the all-terrain vehicle refusal law, the law enforcement officer shall notify the
17department of the arrest as soon as practicable.
AB439, s. 11 18Section 11. 23.33 (4y) of the statutes is created to read:
AB439,6,2519 23.33 (4y) Suspension or revocation of operating privileges. (a) Orders to
20suspend or revoke.
1. If a court imposes a penalty for a violation of the intoxicated
21operation of an all-terrain vehicle law or the all-terrain vehicle refusal law, the court
22shall order the suspension of the person's privilege to operate a recreational vehicle
23for a period of not less than 12 months and not more than 16 months. Whenever a
24court suspends an operating privilege under this subdivision, the court shall notify
25the department of that action.
AB439,7,12
12. In addition to the order under subd. 1., the court shall also order the
2revocation of the person's privilege to operate a motor vehicle on public premises if
3the person, within 5 years prior to the arrest for the current violation of the
4intoxicated operation of an all-terrain vehicle law or the all-terrain vehicle refusal
5law, violated the intoxicated operating law or the recreational vehicle and boating
6refusal law. The period of revocation shall be not less than 6 months and not more
7than 12 months. Whenever a court revokes an operating privilege under this
8subdivision, the court may take possession of the revoked license. If the court takes
9possession of the revoked license, the court shall destroy the license. The court shall
10forward to the department of transportation the record of the conviction and notice
11of revocation. The person is eligible for an occupational license under s.343.10 at any
12time.
AB439,7,1413 (b) Operating while suspended or revoked. 1. No person may operate a
14recreational vehicle in violation of a suspension order imposed under par. (a) 1.
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).
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