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AB280,34,65 350.01 (17m) “Refusal “ Snowmobiling refusal law" means s. 350.104 (5) or a
6local ordinance in conformity therewith.
AB280,87 7Section 87. 350.101 (1) (c) of the statutes is amended to read:
AB280,34,118 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below
9age 19 legal drinking age. If a A person who has not attained the legal drinking age
10of 19, the person may not engage in the operation of a snowmobile while he or she
11has an alcohol concentration of more than 0.0 but not more less than 0.08.
AB280,88 12Section 88 . 350.101 (1) (d) of the statutes is amended to read:
AB280,34,2113 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
14may proceed upon a complaint based upon a violation of any combination of par. (a),
15(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
16charged with violating any combination of par. (a), (b), or (bm), the offenses shall be
17joined. If the person is found guilty of any combination of par. (a), (b), or (bm) for acts
18arising out of the same incident or occurrence, there shall be a single conviction for
19purposes of sentencing and for purposes of counting convictions under s. 350.11 (3)
20(a) 2. and 3. to 5. Paragraphs (a), (b), and (bm) each require proof of a fact for
21conviction which that the others do not require.
AB280,89 22Section 89 . 350.101 (2) (c) of the statutes is amended to read:
AB280,35,723 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
24may proceed upon a complaint based upon a violation of any combination of par. (a),
25(b), or (bm) for acts arising out of the same incident or occurrence. If the person is

1charged with violating any combination of par. (a), (b), or (bm) in the complaint, the
2crimes shall be joined under s. 971.12. If the person is found guilty of any
3combination of par. (a), (b), or (bm) for acts arising out of the same incident or
4occurrence, there shall be a single conviction for purposes of sentencing and for
5purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs
6(a), (b), and (bm) each require proof of a fact for conviction which that the others do
7not require.
AB280,90 8Section 90 . 350.106 of the statutes is amended to read:
AB280,35,12 9350.106 Report arrest to department. If a law enforcement officer arrests
10a person for a violation of the intoxicated snowmobiling law or the snowmobiling
11refusal law, the law enforcement officer shall notify the department of the arrest as
12soon as practicable.
AB280,91 13Section 91 . 350.1075 of the statutes is created to read:
AB280,35,23 14350.1075 Suspension or revocation of operating privileges. (1) Orders
15to suspend or revoke.
(a) If a court imposes a penalty for a violation of the
16intoxicated snowmobiling law or the snowmobiling refusal law, the court shall order
17the suspension of the person's privilege to operate a recreational vehicle for a period
18of not less than 12 months and not more than 16 months. As part of the order, the
19court may authorize the person to operate a recreational vehicle exclusively on
20private land and not on highways if the court finds that such operation is essential
21for the purpose of engaging in an occupation or trade. Whenever a court suspends
22an operating privilege under this paragraph, the court shall notify the department
23of that action.
AB280,36,924 (b) In addition to the order under par. (a), the court shall also order the
25revocation of the person's privilege to operate a motor vehicle if the person, within

15 years prior to the arrest for the current violation of the intoxicated snowmobiling
2law or the snowmobiling refusal law, was convicted of a violation of the intoxicated
3operating law or the recreational vehicle and boating refusal law. The period of
4revocation shall be not less than 6 months and not more than 12 months. Whenever
5a court revokes an operating privilege under this paragraph, the court may take
6possession of the revoked license. If the court takes possession of the revoked license,
7the court shall destroy the license. The court shall forward to the department of
8transportation the record of the conviction and notice of revocation. The person is
9eligible for an occupational license under s. 343.10 at any time.
AB280,36,11 10(2) Operating while suspended or revoked. (a) No person may operate a
11recreational vehicle in violation of a suspension order imposed under sub. (1) (a).
AB280,36,1612 (b) No person may operate a snowmobile during the time that the person's
13motor vehicle operating privilege is suspended or revoked for a conviction counted
14under s. 343.307 (1) unless a court order authorizes the person to operate a
15snowmobile exclusively on private land and not on highways because the court finds
16that such operation is essential for the purpose of engaging in an occupation or trade.
AB280,92 17Section 92 . 350.11 (3) (a) 1. of the statutes is amended to read:
AB280,36,2118 350.11 (3) (a) 1. Except as provided under subds. 2. and 3. to 5., a person who
19violates s. 350.101 (1) (a), (b), or (bm) or s., 350.104 (5), or a local ordinance in
20conformity with s. 350.101 (1) (a), (b), or (bm)
shall forfeit not less than $400 nor more
21than $550.
AB280,93 22Section 93 . 350.11 (3) (a) 2. of the statutes is amended to read:
AB280,37,323 350.11 (3) (a) 2. Except as provided under subd. 3., a A person who violates
24s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest
25for the current violation, was convicted one time previously under the intoxicated

1snowmobiling operating law or the recreational vehicle and boating refusal law shall
2be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned not
3less than 5 days nor more than 6 months one year in the county jail.
AB280,94 4Section 94 . 350.11 (3) (a) 3. of the statutes is amended to read:
AB280,37,105 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104
6(5)
and who, within 5 years prior to the arrest for the current violation, was convicted
72 or more times previously under the intoxicated snowmobiling operating law or , the
8recreational vehicle and boating
refusal law, or any combination of these laws, shall
9be fined not less than $600 nor more than $2,000 and shall be imprisoned not less
10than 30 days nor more than one year in the county jail.
AB280,95 11Section 95. 350.11 (3) (a) 4. of the statutes is renumbered 350.11 (3) (a) 6. and
12amended to read:
AB280,37,1413 350.11 (3) (a) 6. A person who violates s. 350.101 (1) (c) or 350.104 (5) and who
14has not attained the age of 19 shall forfeit not more than $50.
AB280,96 15Section 96 . 350.11 (3) (a) 4b. of the statutes is created to read:
AB280,37,2116 350.11 (3) (a) 4b. A person who violates s. 350.101 (1) (a), (b), or (bm) and who,
17within 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.
AB280,97 22Section 97 . 350.11 (3) (a) 5. of the statutes is created to read:
AB280,38,323 350.11 (3) (a) 5. A person who violates s. 350.101 (1) (a), (b), or (bm) and who,
24within 5 years prior to the arrest for the current violation, was convicted 4 or more
25times previously under the intoxicated operating law, the recreational vehicle and

1boating 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.
AB280,98 4Section 98 . 350.11 (3) (am) of the statutes is created to read:
AB280,38,95 350.11 (3) (am) Penalties related to operating with underage passengers. If
6there is a passenger under 16 years of age on a snowmobile at the time of a violation
7that gives rise to a conviction under s. 350.101 (1) (a), (b), or (bm) or 350.104 (5), the
8applicable minimum and maximum forfeitures, fines, and terms of imprisonment
9under par. (a) 1. to 5. for the conviction are doubled.
AB280,99 10Section 99 . 350.11 (3) (ar) of the statutes is created to read:
AB280,38,2111 350.11 (3) (ar) Alcohol and drug treatment alternatives. 1. In any county that
12opts to offer a reduced minimum period of imprisonment for the successful
13completion of a probation period that includes alcohol and other drug treatment, if
14the number of suspensions, revocations, and convictions for a violation of the
15intoxicated snowmobiling law or the snowmobiling refusal law within a 5-year
16period equals 2, except that suspensions, revocations, or convictions arising out of
17the same incident or occurrence shall be counted as one, the fine shall be the same
18as under par. (a) 2., but the period of imprisonment shall be not less than 5 days,
19except that if the person successfully completes a period of probation that includes
20alcohol and other drug treatment, the period of imprisonment shall be not less than
215 nor more than 7 days.
AB280,39,622 2. In any county that opts to offer a reduced minimum period of imprisonment
23for the successful completion of a probation period that includes alcohol and other
24drug treatment, if the number of suspensions, revocations, and convictions for a
25violation of the intoxicated snowmobiling law or the snowmobiling refusal law within

1a 5-year period equals 3, except that suspensions, revocations, or convictions arising
2out of the same incident or occurrence shall be counted as one, the fine shall be the
3same as under par. (a) 3., but the period of imprisonment shall be not less than 30
4days, except that if the person successfully completes a period of probation that
5includes alcohol and other drug treatment, the period of imprisonment shall be not
6less than 14 days.
AB280,39,167 3. In any county that opts to offer a reduced minimum period of imprisonment
8for the successful completion of a probation period that includes alcohol and other
9drug treatment, if the number of suspensions, revocations, and convictions for a
10violation of the intoxicated snowmobiling law or the snowmobiling refusal law within
11a 5-year period equals 4, except that suspensions, revocations, or convictions arising
12out of the same incident or occurrence shall be counted as one, the fine shall be the
13same as under par. (a) 4b., but the period of imprisonment shall be not less than 60
14days, except that if the person successfully completes a period of probation that
15includes alcohol and other drug treatment, the period of imprisonment shall be not
16less than 29 days.
AB280,39,1817 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
1823.335 (23) (dm), or 30.80 (6) (ar) once in his or her lifetime.
AB280,100 19Section 100 . 350.11 (3) (bg) of the statutes is created to read:
AB280,40,220 350.11 (3) (bg) Penalties related to suspension and revocation. 1. A person who
21operates a recreational vehicle in violation of s. 350.1075 (2) (a) is subject to a
22forfeiture of not less than $50 nor more than $250. In addition, for each such
23violation, the court may suspend the person's privilege to operate a recreational
24vehicle for a period of not more than 6 months. Whenever a court suspends an

1operating privilege under this subdivision, the court shall notify the department of
2that action.
AB280,40,73 2. A person who operates a snowmobile in violation of s. 350.1075 (2) (b) is
4subject to a forfeiture of not less than $150 nor more than $300. In addition, the court
5may suspend the person's privilege to operate a recreational vehicle for a period of
6not more than 6 months. Whenever a court suspends an operating privilege under
7this subdivision, the court shall notify the department of that action.
AB280,101 8Section 101 . 350.11 (3) (bm) of the statutes is amended to read:
AB280,40,129 350.11 (3) (bm) Sentence of detention. The legislature intends that courts use
10the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
11to par. (a) 2. or, 3., 4b., or 5. or (b). The use of this option can result in significant cost
12savings for the state and local governments.
AB280,102 13Section 102 . 350.11 (3) (c) of the statutes is renumbered 350.11 (3) (c) 1. and
14amended to read:
AB280,40,1715 350.11 (3) (c) 1. In determining the number of previous convictions under par.
16(a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be
17counted as one previous conviction.
AB280,103 18Section 103 . 350.11 (3) (c) 2. of the statutes is created to read:
AB280,41,419 350.11 (3) (c) 2. In determining the number of previous convictions under par.
20(a) 2. to 5., previous convictions under the intoxicated snowmobiling law or the
21snowmobiling refusal law that occurred before, on, or after the effective date of this
22subdivision .... [LRB inserts date], and previous convictions under the intoxicated
23operation of an all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic),
24the all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the
25intoxicated operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L),

1the off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the
2intoxicated boating law, as defined in s. 30.50 (4m), or the boating refusal law, as
3defined in s. 30.50 (2c), that occur after the effective date of this subdivision .... [LRB
4inserts date], shall count as previous convictions.
AB280,104 5Section 104 . 350.11 (3) (cm) of the statutes is amended to read:
AB280,41,116 350.11 (3) (cm) Reporting convictions to the department. Whenever a person
7is convicted of a violation of the intoxicated snowmobiling law or the snowmobiling
8refusal law
, the clerk of the court in which the conviction occurred, or the justice,
9judge or magistrate of a court not having a clerk,
shall forward to the department the
10record of such conviction. The record of conviction forwarded to the department shall
11state whether the offender was involved in an accident at the time of the offense.
AB280,105 12Section 105 . 350.11 (3) (e) of the statutes is created to read:
AB280,41,2013 350.11 (3) (e) Certificate of completion of safety program. In addition to any
14other penalty or order, a person who for the first time violates the intoxicated
15snowmobiling law or the snowmobiling refusal law shall be ordered by the court to
16obtain a certificate of satisfactory completion of a safety program established under
17s. 350.055 (1). If the person has a valid certificate at the time that the court imposes
18a sentence for such a violation, the court shall permanently revoke the certificate and
19order the person to obtain another certificate of satisfactory completion of the safety
20program.
AB280,106 21Section 106 . 940.09 (1m) (b) of the statutes is amended to read:
AB280,42,622 940.09 (1m) (b) If a person is charged in an information with any of the
23combinations of crimes referred to in par. (a), the crimes shall be joined under s.
24971.12. If the person is found guilty of more than one of the crimes so charged for
25acts arising out of the same incident or occurrence, there shall be a single conviction

1for purposes of sentencing and for purposes of counting convictions under s. 23.33
2(13) (b) 2. and 3. to 5., under s. 23.335 (23) (c) 2. and 3. to 5., under s. 30.80 (6) (a) 2.
3and 3. to 5., under s. 343.307 (1), or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection
4(1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction
5which that the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each
6require proof of a fact for conviction which that the others do not require.
AB280,107 7Section 107 . 940.25 (1m) (b) of the statutes is amended to read:
AB280,42,168 940.25 (1m) (b) If a person is charged in an information with any of the
9combinations of crimes referred to in par. (a), the crimes shall be joined under s.
10971.12. If the person is found guilty of more than one of the crimes so charged for
11acts arising out of the same incident or occurrence, there shall be a single conviction
12for purposes of sentencing and for purposes of counting convictions under s. 23.33
13(13) (b) 2. and 3. to 5., under s. 23.335 (23) (c) 2. and 3. to 5., under s. 30.80 (6) (a) 2.
14or 3. to 5., under ss. 343.30 (1q) and 343.305, or under s. 350.11 (3) (a) 2. and 3. to 5.
15Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for
16conviction which that the others do not require.
AB280,108 17Section 108 . Effective date.
AB280,42,1918 (1) This act takes effect on the first day of the 4th month beginning after
19publication.
AB280,42,2020 (End)
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