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).
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:
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