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SB335, s. 57 21Section 57. 350.17 (2) of the statutes is repealed and recreated to read: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.
SB335,25,2
1(24) "Refusal law" means s. 350.58 (5) or a local ordinance in conformity with
2that subsection.
SB335,25,4 3(25) "Sport recreational vehicle" means an all-terrain vehicle, a motorboat, or
4a snowmobile.
SB335,25,5 5(26) "Snowmobile" has the meaning given in s. 340.01 (58a).
SB335,25,6 6(27) "Snowmobile trail" has the meaning given in s. 350.01 (17).
SB335,25,8 7(28) "Test facility" means a test facility or agency prepared to administer tests
8under s. 343.305 (2).
SB335,25,13 9(29) "Under the influence of an intoxicant" means a condition in which a
10person's ability to operate a sport recreational vehicle or commercial motorboat,
11because of the consumption or use of an intoxicant, is impaired to the extent that the
12person is less able to exercise the clear judgment and steady hand necessary to
13handle and control a sport recreational vehicle or commercial motorboat.
SB335,25,14 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 15350.52 Intoxicated operation of a sport recreational vehicle or
16commercial motorboat. (1)
Operation. (a) Operating while under the influence

1of an intoxicant.
No person may operate a sport recreational vehicle or commercial
2motorboat while under the influence of an intoxicant.
SB335,26,53 (b) Operating with alcohol concentrations at or above specified levels. 1. No
4person may operate a sport recreational vehicle while the person has a prohibited
5alcohol concentration.
SB335,26,76 2. No person may operate a commercial motorboat while the person has an
7alcohol concentration of 0.04 or more.
SB335,26,118 (c) Operating with alcohol concentrations at specified levels; under age 21. If
9a person has not attained the age of 21, the person may not operate a sport
10recreational vehicle or commercial motorboat while he or she has an alcohol
11concentration of more than 0.0 but not more than 0.1.
SB335,26,1912 (d) Related charges. A person may be charged with and a prosecutor may
13proceed upon a complaint based upon a violation of par. (a) or (b) or both for acts
14arising out of the same incident or occurrence. If the person is charged with violating
15both pars. (a) and (b), the offenses shall be joined. If the person is found guilty of
16violating both pars. (a) and (b) for acts arising out of the same incident or occurrence,
17there shall be a single conviction for purposes of sentencing and for purposes of
18counting convictions under s. 350.74 (1) (b) to (e). Paragraphs (a) and (b) each require
19proof of a fact for conviction which the other does not require.
SB335,26,23 20(2) Causing bodily harm. (a) Causing bodily harm while under the influence
21of an intoxicant.
No person while under the influence of an intoxicant may cause
22bodily harm to another person by the operation of a sport recreational vehicle or
23commercial motorboat.
SB335,27,3
1(b) Causing bodily harm with alcohol concentrations at or above specified levels.
21. No person who has a prohibited alcohol concentration may cause bodily harm to
3another person by the operation of a sport recreational vehicle.
SB335,27,54 2. No person who has an alcohol concentration of 0.04 or more may cause bodily
5harm to another person by the operation of a commercial motorboat.
SB335,27,146 (c) Related charges. A person may be charged with and a prosecutor may
7proceed upon a complaint based upon a violation of par. (a) or (b) or both for acts
8arising out of the same incident or occurrence. If the person is charged with violating
9both pars. (a) and (b) in the complaint, the crimes shall be joined under s. 971.12.
10If the person is found guilty of violating both pars. (a) and (b) for acts arising out of
11the same incident or occurrence, there shall be a single conviction for purposes of
12sentencing and for purposes of counting convictions under s. 350.74 (1) (b) to (e).
13Paragraphs (a) and (b) each require proof of a fact for conviction which the other does
14not require.
SB335,27,1915 (d) Defenses. 1. Except as provided in subd. 2., in an action under this
16subsection, the defendant has a defense if he or she proves by a preponderance of the
17evidence that the bodily harm would have occurred even if he or she had been
18exercising due care and he or she had not been under the influence of an intoxicant
19or did not have a prohibited alcohol concentration.
SB335,27,2420 2. In an action under this subsection for a violation of the intoxicated operation
21of a commercial motorboat law, the defendant has a defense if he or she proves by a
22preponderance of the evidence that the bodily harm would have occurred even if he
23or she had been exercising due care and he or she had not been under the influence
24of 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.
2. Current law generally provides that a person may not operate a sport
recreational vehicle, or cause injury to another by operation of a sport recreational
vehicle, when the person has an alcohol concentration of 0.1 or more. This bill makes use
of the definition of the term "prohibited alcohol concentration" as used in the motor
vehicle code. Thus, in general, no person may operate a sport recreational vehicle, or
cause injury to another person by operation of a sport recreational vehicle, with alcohol
concentrations listed below:
a. 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.
b. 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.
c. 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.
3. Instead of using the term "injury", this bill refers to "bodily harm". The term
"bodily harm" is defined in s. 350.50 (7) to mean physical pain or injury, illness or any
impairment of physical condition. The definition is adopted from s. 939.22 (4), stats.
SB335,28,6 1350.54 Preliminary breath screening test. (1) Requirement. A person
2shall provide a sample of his or her breath for a preliminary breath screening test
3if a law enforcement officer has reasonable suspicion that the person is violating or
4has violated the intoxicated operation of a sport recreational vehicle law or the
5intoxicated operation of a commercial motorboat law, and if, prior to an arrest, the
6law enforcement officer requested the person to provide this sample.
SB335,28,13 7(2) Use of test results. A law enforcement officer may use the results of a
8preliminary breath screening test for the purpose of deciding whether or not to arrest
9a person for a violation of the intoxicated operation of a sport recreational vehicle law
10or the intoxicated operation of a commercial motorboat law, or for the purpose of
11deciding whether or not to request a chemical test under s. 350.60. Following the
12preliminary breath screening test, chemical tests may be required of the person
13under s. 350.60.
SB335,29,4
1(3) Admissibility. The result of a preliminary breath screening test is not
2admissible in any action or proceeding except to show probable cause for an arrest,
3if the arrest is challenged, to show the presence of an intoxicant in a person, or to
4show that a chemical test was properly required of a person under s. 350.60.
SB335,29,6 5(4) Refusal. There is no penalty for a violation of sub. (1). The general penalty
6provision under s. 939.61 does not apply to that violation.
Note: This section restates ss. 23.33 (4g), 30.682 and 350.102, stats., except that
in sub. (1) a law enforcement officer may require a preliminary breath screening test if
there is a reasonable suspicion, rather than probable cause to believe, that a violation has
occurred. This change codifies the decision of the Wisconsin Supreme Court in County
of Jefferson v. Renz
, 231 Wis. 2d 293 (1999).
In addition, current law provides that a preliminary breath screening test is not
admissible in any action or proceeding except to show probable cause for an arrest, if the
arrest is challenged, or to prove that a chemical test was properly required or requested.
This Section provides that the result of the preliminary breath screening test also may
be used as evidence of the presence of an intoxicant in a person.
SB335,29,10 7350.56 Application of intoxicated operation of a sport recreational
8vehicle or commercial motorboat law. (1)
Motorboats. The intoxicated
9operation of a sport recreational vehicle law is applicable to the operation of a
10motorboat upon the waters of this state.
SB335,29,13 11(2) Commercial motorboats. The intoxicated operation of a commercial
12motorboat law is applicable to the operation of a commercial motorboat upon the
13waters of this state.
SB335,30,4 14(3) All-terrain vehicles and snowmobiles. Except as provided in this
15subsection, the intoxicated operation of a sport recreational vehicle law is applicable
16to the operation of an all-terrain vehicle and a snowmobile upon frozen waters and
17upon all property, whether the property is publicly or privately owned and whether
18or not a fee is charged for the use of that property. The intoxicated operation of a sport
19recreational vehicle law does not apply to the operation of an all-terrain vehicle or
20a snowmobile on private land that is not designated as an all-terrain vehicle trail

1or a snowmobile trail unless an accident involving personal injury occurs as the
2result of the operation of the all-terrain vehicle or snowmobile or the all-terrain
3vehicle or snowmobile was operated on the private land without the consent of the
4owner of that land.
Note: Current law provides that the intoxicated operation of an all-terrain vehicle
law is applicable upon all premises held out to the public for use of their all-terrain
vehicles, whether the premises are publicly or privately owned and whether or not a fee
is charged for use of the premises. The law also provides that the intoxicated
snowmobiling law applies to all property, whether the property is publicly or privately
owned and whether or not a fee is charged for the use of that property. However, the
snowmobiling law does not apply to the operation of a snowmobile on private land not
designated as a snowmobile trail unless an accident involving personal injury occurs and
the snowmobile was operated on the private land without the owner's consent.
The bill makes the following changes:
1. The bill specifically incorporates the phrase "upon the waters of this state" from
s. 30.683, stats., for the purpose of stating the place of application of the intoxicated
operation of a sport recreational vehicle law to motorboats and the place of application
of the intoxicated operation of a commercial motorboat law.
2. The provisions describing the applicability of the intoxicated operation of a sport
recreational vehicle law are combined with respect to all-terrain vehicles and
snowmobiles. The law will be applicable upon frozen waters and upon all property,
whether the property is publicly or privately owned and whether or not a fee is charged
for the use of that property. The factual question of whether property is held out to the
public for use of an all-terrain vehicle is eliminated. The law will not apply to the
operation of an all-terrain vehicle or a snowmobile on private land not designated as an
all-terrain vehicle trail or as a snowmobile trail unless an accident involving personal
injury occurs as the result of the operation of the all-terrain vehicle or snowmobile or the
all-terrain vehicle or the snowmobile was operated on the private land without the
consent of the owner of that land.
SB335,30,12 5350.58 Implied consent. A person who engages in the operation of a sport
6recreational vehicle or commercial motorboat in or on those areas enumerated in s.
7350.56 is considered to have given consent to provide one or more samples of his or
8her breath, blood, or urine for the purpose of authorized analysis as required under
9s. 350.60. A person who engages in the operation of a sport recreational vehicle or
10commercial motorboat within this state is considered to have given consent to submit
11to one or more chemical tests of his or her breath, blood, or urine for the purpose of
12authorized analysis as required under s. 350.60.
Note: This section restates ss. 23.33 (4L), 30.683 and 350.103, stats.
Loading...
Loading...