AB873,14,72 23.335 (1) (zdr) “Public premises” means all premises held out to the public for
3use of a motor vehicle, including highways, all premises provided by employers to
4employees for the use of their motor vehicles, and all premises provided to tenants
5of rental housing in buildings of 4 or more units for the use of their motor vehicles,
6whether such premises are publicly or privately owned and whether or not a fee is
7charged for the use of those premises.

AB873,14,129 23.335 (1) (zer) “Recreational vehicle" means an off-highway motorcycle, an
10all-terrain vehicle as defined in s. 23.33 (1) (b), a utility terrain vehicle as defined
11in s. 23.33 (1) (ng), a recreational motorboat as defined in s. 30.50 (9m), or a
12snowmobile, as defined in s. 340.01 (58a).

AB873,14,1714 23.335 (1) (zet) “Recreational vehicle and boating refusal law" means the
15off-highway motorcycle refusal law, the all-terrain or utility terrain vehicle refusal
16law, as defined in s. 23.33 (1) (jm), the boating refusal law, as defined in s. 30.50 (2c),
17or the snowmobiling refusal law, as defined in s. 350.01 (17m).

AB873,14,2120 23.335 (1) (tm) “Refusal Off-highway motorcycle refusal law" means sub. (12)
21(h) or a local ordinance in conformity therewith.

AB873,14,2523 23.335 (12) (a) 3. If a A person who has not attained the legal drinking age of
2421, the person may not engage in the operation of an off-highway motorcycle while
25he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.

AB873,15,102 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed
3upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
4acts arising out of the same incident or occurrence. If the person is charged with
5violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the
6person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out
7of the same incident or occurrence, there shall be a single conviction for purposes of
8sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. to
95. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which that
10the others do not require.

AB873,15,2012 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed
13upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
14acts arising out of the same incident or occurrence. If the person is charged with
15violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be
16joined under s. 971.12. If the person is found guilty of any combination of subd. 1.,
172., or 2m. for acts arising out of the same incident or occurrence, there shall be a
18single conviction for purposes of sentencing and for purposes of counting convictions
19under sub. (23) (c) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of
20a fact for conviction which that the others do not require.

AB873,15,2522 23.335 (12) (j) Report of arrest to department. If a law enforcement officer
23arrests a person for a violation of the intoxicated operation of an off-highway
24motorcycle law or the off-highway motorcycle refusal law, the law enforcement
25officer shall notify the department of the arrest as soon as practicable.

AB873,16,122 23.335 (12) (km) Suspension or revocation of operating privileges. 1. `Orders
3to suspend or revoke.' a. If a court imposes a penalty for a violation of the intoxicated
4operation of an off-highway motorcycle law or the off-highway motorcycle refusal
5law, the court shall order the suspension of the person's privilege to operate a
6recreational vehicle for a period of not less than 12 months and not more than 16
7months. As part of the order, the court may authorize the person to operate an
8off-highway motorcycle exclusively on land under the management and control of
9the person's immediate family if the court finds that such operation is essential for
10the purpose of engaging in an occupation or trade. Whenever a court suspends an
11operating privilege under this subd. 1. a., the court shall notify the department of
12that action.

AB873,16,2413 b. In addition to the order under subd. 1. a., the court shall also order the
14revocation of the person's privilege to operate a motor vehicle on public premises if
15the person, within 5 years prior to the arrest for the current violation of the
16intoxicated operation of an off-highway motorcycle law or the off-highway
17motorcycle refusal law, violated the intoxicated operating law or the recreational
18vehicle and boating refusal law. The period of revocation shall be not less than 6
19months and not more than 12 months. Whenever a court revokes an operating
20privilege under this subd. 1. b., the court may take possession of the revoked license.
21If the court takes possession of the revoked license, the court shall destroy the
22license. The court shall forward to the department of transportation the record of the
23conviction and notice of revocation. The person is eligible for an occupational license
24under s. 343.10 at any time.

AB873,17,2

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12. `Operating while suspended or revoked.' a. No person may operate a
2recreational vehicle in violation of a suspension order imposed under subd. 1. a.

AB873,17,53 b. No person may operate an off-highway motorcycle during the time that the
4person's motor vehicle operating privilege is suspended or revoked for a conviction
5counted under s. 343.307 (1).

AB873,17,97 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4. to 5., a person
8who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit not less than $150 $400 nor
9more than $300 $550.

AB873,17,1711 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a A person who
12violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest
13for the current violation, was convicted one time previously under the intoxicated
14operation of an off-highway motorcycle operating law or the recreational vehicle and
15boating refusal law shall be fined not less than $300 nor more than $1,100 and shall
16be imprisoned not less than 5 days nor more than 6 months one year in the county
17jail.

AB873,17,2519 23.335 (23) (c) 3. Except as provided in subd. 4., a A person who violates sub.
20(12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current
21violation, was convicted 2 or more times previously under the intoxicated operation
22of an off-highway motorcycle operating law , the recreational vehicle and boating
23refusal law, or any combination of these laws, shall be fined not less than $600 nor
24more than $2,000 and shall be imprisoned not less than 30 days nor more than one
25year in the county jail.

AB873,18,53 23.335 (23) (c) 6. A person who violates sub. (12) (a) 3. or who violates sub. (12)
4(h) and who has not attained the legal drinking age of 21 shall forfeit not more than
5$50.

AB873,18,127 23.335 (23) (c) 4b. A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and
8who, within 5 years prior to the arrest for the current violation, was convicted 3 times
9previously under the intoxicated operating law, the recreational vehicle and boating
10refusal law, or any combination of these laws, shall be fined not less than $600 nor
11more than $2,000 and shall be imprisoned not less than 60 days nor more than one
12year in the county jail.

AB873,18,1914 23.335 (23) (c) 5. A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who,
15within 5 years prior to the arrest for the current violation, was convicted 4 or more
16times previously under the intoxicated operating law, the recreational vehicle and
17boating refusal law, or any combination of these laws, shall be fined not less than
18$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
19than one year in the county jail.

AB873,18,2521 23.335 (23) (cg) Penalties related to intoxicated operation; underage
22passengers. If there is a passenger under 16 years of age on the off-road motorcycle
23at the time of a violation that gives rise to a conviction under sub. (12) (a) 1., 2., or
242m. or (h), the applicable minimum and maximum forfeitures, fines, and terms of
25imprisonment under par. (c) 1. to 5. for the conviction are doubled.

AB873,19,122 23.335 (23) (dm) Alcohol and drug treatment alternatives. 1. In any county
3that opts to offer a reduced minimum period of imprisonment for the successful
4completion of a probation period that includes alcohol and other drug treatment, if
5the number of suspensions, revocations, and convictions for a violation of the
6intoxicated operation of an off-highway motorcycle law or of the off-highway
7motorcycle refusal law within a 5-year period equals 2, except that suspensions,
8revocations, or convictions arising out of the same incident or occurrence shall be
9counted as one, the fine shall be the same as under par. (c) 2., but the period of
10imprisonment shall be not less than 5 days, except that if the person successfully
11completes a period of probation that includes alcohol and other drug treatment, the
12period of imprisonment shall be not less than 5 nor more than 7 days.

AB873,19,2213 2. In any county that opts to offer a reduced minimum period of imprisonment
14for the successful completion of a probation period that includes alcohol and other
15drug treatment, if the number of suspensions, revocations, and convictions for a
16violation of the intoxicated operation of an off-highway motorcycle law or of the
17off-highway motorcycle refusal law within a 5-year period equals 3, except that
18suspensions, revocations, or convictions arising out of the same incident or
19occurrence shall be counted as one, the fine shall be the same as under par. (c) 3., but
20the period of imprisonment shall be not less than 30 days, except that if the person
21successfully completes a period of probation that includes alcohol and other drug
22treatment, the period of imprisonment shall be not less than 14 days.

AB873,20,723 3. 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

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1violation of the intoxicated operation of an off-highway motorcycle law or of the
2off-highway motorcycle refusal law within a 5-year period equals 4, 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. (c) 4b.,
5but the period of imprisonment shall be not less than 60 days, except that if the
6person successfully completes a period of probation that includes alcohol and other
7drug treatment, the period of imprisonment shall be not less than 29 days.

AB873,20,98 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
930.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.

AB873,20,1711 23.335 (23) (dr) Penalties related to suspension and revocation. 1. A person
12who operates a recreational vehicle in violation of sub. (12) (km) 2. a. is subject to a
13forfeiture of not less than $50 nor more than $250. In addition, for each such
14violation, the court may suspend the person's privilege to operate a recreational
15vehicle for a period of not more than 6 months. Whenever a court suspends an
16operating privilege under this subdivision, the court shall notify the department of
17that action.

AB873,20,2318 2. A person who operates an off-highway motorcycle in violation of sub. (12)
19(km) 2. b. is subject to a forfeiture of not less than $150 nor more than $300. In
20addition, the court may suspend the person's privilege to operate a recreational
21vehicle for a period of not more than 6 months. Whenever a court suspends an
22operating privilege under this subdivision, the court shall notify the department of
23that action.

AB873,21,4

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123.335 (23) (fm) Sentence of detention. The legislature intends that courts use
2the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
3to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost
4savings for the state and local governments.

AB873,21,97 23.335 (23) (g) 1. In determining the number of previous convictions under
8pars. (c) 2. and 3. to 5. and (e), convictions arising out of the same incident or
9occurrence shall be counted as one previous conviction.

AB873,21,2111 23.335 (23) (g) 2. In determining the number of previous convictions under par.
12(b) 2. to 5., previous convictions under the intoxicated operation of an off-highway
13motorcycle law or under the off-highway motorcycle refusal law that occurred
14before, on, or after the effective date of this subdivision .... [LRB inserts date], and
15previous convictions under the intoxicated operation of an all-terrain or utility
16terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain
17vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated boating law, as
18defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
19intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
20refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
21subdivision .... [LRB inserts date], shall count as previous convictions.

AB873,22,423 23.335 (23) (h) Reporting convictions to the department. Whenever a person
24is convicted of a violation of the intoxicated operation of an off-highway motorcycle
25law or the off-highway motorcycle refusal law, the clerk of the court in which the

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1conviction occurred, or the justice, judge, or magistrate of a court not having a clerk,
2shall forward to the department the record of such conviction. The record of
3conviction forwarded to the department shall state whether the offender was
4involved in an accident at the time of the offense.

AB873,22,136 23.335 (23) (im) Certificate of completion of safety program. In addition to any
7other penalty or order, a person who for the first time violates the intoxicated
8operation of an off-highway motorcycle law or the off-highway motorcycle refusal
9law shall be ordered by the court to obtain a certificate of satisfactory completion of
10a safety program established under sub. (14). If the person has a valid certificate at
11the time that the court imposes sentence for such a violation, the court shall
12permanently revoke the certificate and order the person to obtain another certificate
13of satisfactory completion of the safety program.

AB873,22,1715 30.50 (4n) “Intoxicated operating law" means the intoxicated operation of an
16all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
17boating law, or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).

AB873,22,1919 30.50 (4v) “Legal drinking age" means 21 years of age.

AB873,22,2221 30.50 (9m) “Recreational motorboat" means a motorboat that is not a
22commercial motorboat.

AB873,23,224 30.50 (9s) “Recreational vehicle" means an all-terrain vehicle, as defined in s.
25340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway

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1motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, or a snowmobile,
2as defined in s. 340.01 (58a).

AB873,23,74 30.50 (9t) “Recreational vehicle and boating refusal law" means the all-terrain
5or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway
6motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, or the
7snowmobiling refusal law, as defined in s. 350.01 (17m).

AB873,23,1110 30.50 (2c) “Refusal Boating refusal law" means s. 30.684 (5) or a local ordinance
11in conformity with that subsection.

AB873,23,1613 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below
14legal drinking age. A person who has not attained the legal drinking age, as defined
15in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has
16 a blood an alcohol concentration of more than 0.0 but less than 0.08.

AB873,24,218 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
19may proceed upon a complaint based upon a violation of any combination of par. (a)
20or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
21is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses
22shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1.,
231m., or 2. for acts arising out of the same incident or occurrence, there shall be a
24single conviction for purposes of sentencing and for purposes of counting convictions

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1under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require
2proof of a fact for conviction which that the others do not require.

AB873,24,134 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
5may proceed upon a complaint based upon a violation of any combination of par. (a)
6or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
7is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the
8complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
9of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
10incident or occurrence, there shall be a single conviction for purposes of sentencing
11and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5.
12Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which
13that the others do not require.

AB873,24,2115 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
16intoxicated boating law where the defendant was operating a recreational motorboat
17that is not a commercial motorboat, the defendant has a defense if he or she proves
18by a preponderance of the evidence that the injury would have occurred even if he
19or she had been exercising due care and he or she had not been under the influence
20of an intoxicant or did not have an alcohol concentration of 0.08 or more or a
21detectable amount of a restricted controlled substance in his or her blood.

AB873,25,2 2330.686 Report arrest to department. If a law enforcement officer arrests
24a person for a violation of the intoxicated boating law or the boating refusal law, the

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1law enforcement officer shall notify the department of the arrest as soon as
2practicable.

AB873,25,13 430.688 Suspension or revocation of operating privileges. (1) Orders to
5suspend or revoke. (a) If a court imposes a penalty for a violation of the intoxicated
6boating law or the boating refusal law and if the violation involved the operation of
7a recreational motorboat, the court shall order the suspension of the person's
8privilege to operate a recreational vehicle for a period of not less than 12 months and
9not more than 16 months. As part of the order, the court may authorize the person
10to operate a recreational motorboat if the court finds that such operation is essential
11for the purpose of engaging in an occupation or trade. Whenever a court suspends
12an operating privilege under this paragraph, the court shall notify the department
13of that action.

AB873,25,2414 (b) In addition to the order under par. (a), the court shall also order the
15revocation of the person's privilege to operate a motor vehicle on public premises, as
16defined in s. 23.33 (1) (jd), if the person, within 5 years prior to the arrest for the
17current violation subject to the order under par. (a), violated the intoxicated
18operating law or the recreational vehicle and boating refusal law. The period of
19revocation shall be not less than 6 months and not more than 12 months. Whenever
20a court revokes an operating privilege under this paragraph, the court may take
21possession of the revoked license. If the court takes possession of the revoked license,
22the court shall destroy the license. The court shall forward to the department of
23transportation the record of the conviction and notice of revocation. The person is
24eligible for an occupational license under s. 343.10 at any time.

AB873,26,2

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1(2) Operating while suspended or revoked. (a) No person may operate a
2recreational vehicle in violation of a suspension order imposed under sub. (1) (a).

AB873,26,53 (b) No person may operate a recreational motorboat during the time that the
4person's motor vehicle operating privilege is suspended or revoked for a conviction
5counted under s. 343.307 (1).

AB873,26,107 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for
8life unless the certificate or the person's privilege to operate a motorboat is
9suspended or revoked by a court under s. 30.688 (1) (a), 30.80 (2m) or (6) (e), or
10938.343 (5).

AB873,26,1512 30.80 (6) (a) 1. Except as provided under subds. 2. to 5., a person who violates
13s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or
14the refusal law 30.684 (5) shall forfeit not less than $150 $400 nor more than $300
15$550.

AB873,26,2317 30.80 (6) (a) 2. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
18in conformity with s. 30.681 (1) (a) or (b) or the refusal law or 30.684 (5) and who,
19within 5 years prior to the arrest for the current violation, was convicted one time
20previously under the intoxicated boating operating law or the recreational vehicle
21and boating refusal law shall be fined not less than $300 nor more than $1,000 $1,100
22and shall be imprisoned for not less than 5 days nor more than 6 months one year
23in the county jail.

AB873,27,7

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130.80 (6) (a) 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
2in conformity with s. 30.681 (1) (a) or (b) or the refusal law or 30.684 (5) and who,
3within 5 years prior to the arrest for the current violation, was convicted 2 times
4previously under the intoxicated boating operating law or, the recreational vehicle
5and boating refusal law, or any combination of these laws, shall be fined not less than
6$600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more
7than one year in the county jail.

AB873,27,159 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
10in conformity with s. 30.681 (1) (a) or (b) or the refusal law or 30.684 (5) and who,
11within 5 years prior to the arrest for the current violation, was convicted 3 times
12previously under the intoxicated boating operating law or, the recreational vehicle
13and boating refusal law, or any combination of these laws, shall be fined not less than
14$600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more
15than one year in the county jail.