This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB280,20,2014 23.335 (23) (dr) Penalties related to suspension and revocation. 1. A person
15who operates a recreational vehicle in violation of sub. (12) (km) 2. a. is subject to a
16forfeiture of not less than $50 nor more than $250. In addition, for each such
17violation, the court may suspend the person's privilege to operate a recreational
18vehicle for a period of not more than 6 months. Whenever a court suspends an
19operating privilege under this subdivision, the court shall notify the department of
20that action.
AB280,21,221 2. A person who operates an off-highway motorcycle in violation of sub. (12)
22(km) 2. b. is subject to a forfeiture of not less than $150 nor more than $300. In
23addition, 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.
AB280,45 3Section 45 . 23.335 (23) (fm) of the statutes is created to read:
AB280,21,74 23.335 (23) (fm) Sentence of detention. The legislature intends that courts use
5the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
6to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost
7savings for the state and local governments.
AB280,46 8Section 46 . 23.335 (23) (g) of the statutes is renumbered 23.335 (23) (g) 1. and
9amended to read:
AB280,21,1210 23.335 (23) (g) 1. In determining the number of previous convictions under
11pars. (c) 2. and 3. to 5. and (e), convictions arising out of the same incident or
12occurrence shall be counted as one previous conviction.
AB280,47 13Section 47 . 23.335 (23) (g) 2. of the statutes is created to read:
AB280,21,2414 23.335 (23) (g) 2. In determining the number of previous convictions under par.
15(c) 2. to 5., previous convictions under the intoxicated operation of an off-highway
16motorcycle law or under the off-highway motorcycle refusal law that occurred
17before, on, or after the effective date of this subdivision .... [LRB inserts date], and
18previous convictions under the intoxicated operation of an all-terrain or utility
19terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain
20vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated boating law, as
21defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
22intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
23refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
24subdivision .... [LRB inserts date], shall count as previous convictions.
AB280,48 25Section 48 . 23.335 (23) (h) of the statutes is amended to read:
AB280,22,7
123.335 (23) (h) Reporting convictions to the department. Whenever a person
2is convicted of a violation of the intoxicated operation of an off-highway motorcycle
3law or the off-highway motorcycle refusal law, the clerk of the court in which the
4conviction occurred, or the justice, judge, or magistrate of a court not having a clerk,
5shall forward to the department the record of such conviction. The record of
6conviction forwarded to the department shall state whether the offender was
7involved in an accident at the time of the offense.
AB280,49 8Section 49 . 23.335 (23) (im) of the statutes is created to read:
AB280,22,169 23.335 (23) (im) Certificate of completion of safety program. In addition to any
10other penalty or order, a person who for the first time violates the intoxicated
11operation of an off-highway motorcycle law or the off-highway motorcycle refusal
12law shall be ordered by the court to obtain a certificate of satisfactory completion of
13a safety program established under sub. (14). If the person has a valid certificate at
14the time that the court imposes a sentence for such a violation, the court shall
15permanently revoke the certificate and order the person to obtain another certificate
16of satisfactory completion of the safety program.
AB280,50 17Section 50 . 30.50 (4n) of the statutes is created to read:
AB280,22,2218 30.50 (4n) “Intoxicated operating law" means the intoxicated operation of an
19all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
20operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the
21intoxicated boating law, or the intoxicated snowmobiling law, as defined in s. 350.01
22(9c).
AB280,51 23Section 51 . 30.50 (4v) of the statutes is created to read:
AB280,22,2424 30.50 (4v) “Legal drinking age" means 21 years of age.
AB280,52 25Section 52 . 30.50 (9m) of the statutes is created to read:
AB280,23,2
130.50 (9m) “Recreational motorboat" means a motorboat that is not a
2commercial motorboat.
AB280,53 3Section 53 . 30.50 (9s) of the statutes is created to read:
AB280,23,74 30.50 (9s) “Recreational vehicle" means an all-terrain vehicle, as defined in s.
5340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway
6motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, or a snowmobile,
7as defined in s. 340.01 (58a).
AB280,54 8Section 54 . 30.50 (9t) of the statutes is created to read:
AB280,23,129 30.50 (9t) “Recreational vehicle and boating refusal law" means the all-terrain
10or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway
11motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, or the
12snowmobiling refusal law, as defined in s. 350.01 (17m).
AB280,55 13Section 55 . 30.50 (9x) of the statutes is renumbered 30.50 (2c) and amended
14to read:
AB280,23,1615 30.50 (2c) “Refusal “ Boating refusal law" means s. 30.684 (5) or a local
16ordinance in conformity with that subsection.
AB280,56 17Section 56 . 30.681 (1) (bn) of the statutes is amended to read:
AB280,23,2118 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below
19legal drinking age.
A person who has not attained the legal drinking age, as defined
20in s. 125.02 (8m),
may not engage in the operation of a motorboat while he or she has
21 a blood an alcohol concentration of more than 0.0 but less than 0.08.
AB280,57 22Section 57 . 30.681 (1) (c) of the statutes is amended to read:
AB280,24,623 30.681 (1) (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)
25or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person

1is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses
2shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1.,
31m., or 2. for acts arising out of the same incident or occurrence, there shall be a
4single conviction for purposes of sentencing and for purposes of counting convictions
5under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require
6proof of a fact for conviction which that the others do not require.
AB280,58 7Section 58 . 30.681 (2) (c) of the statutes is amended to read:
AB280,24,178 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
9may proceed upon a complaint based upon a violation of any combination of par. (a)
10or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
11is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the
12complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
13of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
14incident or occurrence, there shall be a single conviction for purposes of sentencing
15and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5.
16Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which
17that the others do not require.
AB280,59 18Section 59 . 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB280,24,2519 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
20intoxicated boating law where the defendant was operating a recreational motorboat
21that is not a commercial motorboat, the defendant has a defense if he or she proves
22by a preponderance of the evidence that the injury 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 0.08 or more or a
25detectable amount of a restricted controlled substance in his or her blood.
AB280,60
1Section 60. 30.686 of the statutes is amended to read:
AB280,25,5 230.686 Report arrest to department. If a law enforcement officer arrests
3a person for a violation of the intoxicated boating law or the boating refusal law, the
4law enforcement officer shall notify the department of the arrest as soon as
5practicable.
AB280,61 6Section 61 . 30.688 of the statutes is created to read:
AB280,25,16 730.688 Suspension or revocation of operating privileges. (1) Orders to
8suspend or revoke.
(a) If a court imposes a penalty for a violation of the intoxicated
9boating law or the boating refusal law and if the violation involved the operation of
10a recreational motorboat, the court shall order the suspension of the person's
11privilege to operate a recreational vehicle for a period of not less than 12 months and
12not more than 16 months. As part of the order, the court may authorize the person
13to operate a recreational vehicle exclusively on private land and not on highways if
14the court finds that such operation is essential for the purpose of engaging in an
15occupation or trade. Whenever a court suspends an operating privilege under this
16paragraph, the court shall notify the department of that action.
AB280,26,217 (b) In addition to the order under par. (a), the court shall also order the
18revocation of the person's privilege to operate a motor vehicle, if the person, within
195 years prior to the arrest for the current violation subject to the order under par. (a),
20was convicted of a violation of the intoxicated operating law or the recreational
21vehicle and boating refusal law. The period of revocation shall be not less than 6
22months and not more than 12 months. Whenever a court revokes an operating
23privilege under this paragraph, the court may take possession of the revoked license.
24If the court takes possession of the revoked license, the court shall destroy the
25license. The court shall forward to the department of transportation the record of the

1conviction and notice of revocation. The person is eligible for an occupational license
2under s. 343.10 at any time.
AB280,26,4 3(2) Operating while suspended or revoked. (a) No person may operate a
4recreational vehicle in violation of a suspension order imposed under sub. (1) (a).
AB280,26,95 (b) No person may operate a recreational motorboat during the time that the
6person's motor vehicle operating privilege is suspended or revoked for a conviction
7counted under s. 343.307 (1) unless a court order authorizes the person to operate
8a recreational motorboat exclusively on private land because the court finds that
9such operation is essential for the purpose of engaging in an occupation or trade.
AB280,62 10Section 62 . 30.74 (1) (bn) of the statutes is amended to read:
AB280,26,1411 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for
12life unless the certificate or the person's privilege to operate a recreational motorboat
13is suspended or
revoked by a court under s. 30.688 (1) (a), 30.80 (2m) or (6) (e), or
14938.343 (5).
AB280,63 15Section 63 . 30.80 (6) (a) 1. of the statutes is amended to read:
AB280,26,1916 30.80 (6) (a) 1. Except as provided under subds. 2. to 5., a person who violates
17s. 30.681 (1) (a) or (b), 30.684 (5), or a local ordinance in conformity with s. 30.681 (1)
18(a) or (b) or the refusal law shall forfeit not less than $150 $400 nor more than $300
19$550.
AB280,64 20Section 64 . 30.80 (6) (a) 2. of the statutes is amended to read:
AB280,27,221 30.80 (6) (a) 2. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
22in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
23prior to the arrest for the current violation, was convicted one time previously under
24the intoxicated boating operating law or the recreational vehicle and boating refusal
25law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be

1imprisoned for not less than 5 days nor more than 6 months one year in the county
2jail
.
AB280,65 3Section 65 . 30.80 (6) (a) 3. of the statutes is amended to read:
AB280,27,104 30.80 (6) (a) 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
5in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
6prior to the arrest for the current violation, was convicted 2 times previously under
7the intoxicated boating operating law or, the recreational vehicle and boating refusal
8law, or any combination of these laws, shall be fined not less than $600 nor more than
9$2,000 and shall be imprisoned for not less than 30 days nor more than one year in
10the county jail.
AB280,66 11Section 66 . 30.80 (6) (a) 4. of the statutes is amended to read:
AB280,27,1812 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
13in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
14prior to the arrest for the current violation, was convicted 3 times previously under
15the intoxicated boating operating law or, the recreational vehicle and boating refusal
16law, or any combination of these laws, shall be fined not less than $600 nor more than
17$2,000 and shall be imprisoned for not less than 60 days nor more than one year in
18the county jail.
AB280,67 19Section 67 . 30.80 (6) (a) 5. of the statutes is amended to read:
AB280,28,220 30.80 (6) (a) 5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
21in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
22prior to the arrest for the current violation, was convicted 4 or more times previously
23under the intoxicated boating operating law or, the recreational vehicle and boating
24refusal law, or any combination of these laws, shall be fined not less than $600 nor

1more than $2,000 and shall be imprisoned for not less than 6 months nor more than
2one year in the county jail.
AB280,68 3Section 68 . 30.80 (6) (a) 6. of the statutes is amended to read:
AB280,28,54 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in
5conformity with s. 30.681 (1) (bn)
shall forfeit $50.
AB280,69 6Section 69 . 30.80 (6) (am) of the statutes is created to read:
AB280,28,117 30.80 (6) (am) Penalties related to operating with underage passengers. If there
8is a passenger under 16 years of age in a motorboat at the time of a violation that
9gives rise to a conviction under s. 30.681 (1) (a) or (b) 1. or 1m. or 30.684 (5), the
10applicable minimum and maximum forfeitures, fines, and terms of imprisonment
11under par. (a) 1. to 5. for the conviction are doubled.
AB280,70 12Section 70 . 30.80 (6) (ar) of the statutes is created to read:
AB280,28,2213 30.80 (6) (ar) Alcohol and drug treatment alternatives. 1. In any county that
14opts to offer a reduced minimum period of imprisonment for the successful
15completion of a probation period that includes alcohol and other drug treatment, if
16the number of suspensions, revocations, and convictions for a violation of the
17intoxicated boating law or the boating refusal law within a 5-year period equals 2,
18except that suspensions, revocations, or convictions arising out of the same incident
19or occurrence shall be counted as one, the fine shall be the same as under par. (a) 2.,
20but the period of imprisonment shall be not less than 5 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 5 nor more than 7 days.
AB280,29,723 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 boating law or the boating refusal law within a 5-year
2period equals 3, except that suspensions, revocations, or convictions arising out of
3the same incident or occurrence shall be counted as one, the fine shall be the same
4as under par. (a) 3., but the period of imprisonment shall be not less than 30 days,
5except that if the person successfully completes a period of probation that includes
6alcohol and other drug treatment, the period of imprisonment shall be not less than
714 days.
AB280,29,178 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 boating law or the boating refusal law within a 5-year
12period equals 4, except that suspensions, revocations, or convictions arising out of
13the same incident or occurrence shall be counted as one, the fine shall be the same
14as under par. (a) 4., but the period of imprisonment shall be not less than 60 days,
15except that if the person successfully completes a period of probation that includes
16alcohol and other drug treatment, the period of imprisonment shall be not less than
1729 days.
AB280,29,1918 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
1923.335 (23) (dm), or 350.11 (3) (ar) once in his or her lifetime.
AB280,71 20Section 71 . 30.80 (6) (bg) of the statutes is created to read:
AB280,30,221 30.80 (6) (bg) Penalties related to suspension and revocation. 1. A person who
22operates a recreational vehicle in violation of s. 30.688 (2) (a) is subject to a forfeiture
23of not less than $50 nor more than $250. In addition, for each such violation, the court
24may 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.
AB280,30,73 2. A person who operates a recreational motorboat in violation of s. 30.688 (2)
4(b) is subject to a forfeiture of not less than $150 nor more than $300. In addition,
5the court may suspend the person's privilege to operate a recreational vehicle for a
6period of not more than 6 months. Whenever a court suspends an operating privilege
7under this subdivision, the court shall notify the department of that action.
AB280,72 8Section 72 . 30.80 (6) (bn) of the statutes is created to read:
AB280,30,129 30.80 (6) (bn) Sentence of detention. The legislature intends that courts use the
10sentencing option under s. 973.03 (4) whenever appropriate for persons subject to
11par. (a) 2., 3., 4., or 5. or (b). The use of this option can result in significant cost savings
12for the state and local governments.
AB280,73 13Section 73 . 30.80 (6) (c) of the statutes is renumbered 30.80 (6) (c) 1.
AB280,74 14Section 74 . 30.80 (6) (c) 2. of the statutes is created to read:
AB280,30,2515 30.80 (6) (c) 2. In determining the number of previous convictions under par.
16(a) 2. to 5., previous convictions under the intoxicated boating law or the boating
17refusal law that occurred before, on, or after the effective date of this subdivision ....
18[LRB inserts date], and previous convictions under the intoxicated operation of an
19all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain
20or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated
21operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the
22off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated
23snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling refusal law, as
24defined in s. 350.01 (17m), that occur after the effective date of this subdivision ....
25[LRB inserts date], shall count as previous convictions.
AB280,75
1Section 75. 30.80 (6) (cm) of the statutes is created to read:
AB280,31,62 30.80 (6) (cm) Reporting convictions to the department. Whenever a person is
3convicted of a violation of the intoxicated boating law or the boating refusal law, the
4court in which the conviction occurred shall forward to the department the record of
5such conviction. The record of conviction forwarded to the department shall state
6whether the offender was involved in an accident at the time of the offense.
AB280,76 7Section 76 . 30.80 (6) (e) of the statutes is amended to read:
AB280,31,168 30.80 (6) (e) Certificate of satisfactory completion of safety course. In addition
9to any other penalty or order, a person who for the first time violates s. 30.681 (1) or
10(2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the
11operation of a motorboat,
the intoxicated boating law or the boating refusal law shall
12be ordered by the court to obtain a certificate of satisfactory completion of a safety
13course under s. 30.74 (1). If the person has a valid certificate at the time that the
14court imposes a sentence for such a violation, the court shall permanently revoke the
15certificate and order the person to obtain a another certificate of satisfactory
16completion of a the safety course under s. 30.74 (1).
AB280,77 17Section 77 . 59.54 (14) (g) of the statutes is amended to read:
AB280,32,218 59.54 (14) (g) A county may establish extensions of the jail, which need not be
19at the county seat, to serve as places of temporary confinement. No person may be
20detained in such an extension for more than 24 consecutive hours, except that a court
21may order that a person subject to imprisonment under s. 23.33 (13) (b) 2. or, 3., 4b.
22or 5.
or (c), 23.335 (23) (c) 2. or, 3., 4b., or 5. or (d), 30.80 (6) (a) 2., 3., 4., or 5. or (b),
23or 350.11 (3) (a) 2. or, 3., 4b., or 5. or (b) be imprisoned for more than 24 consecutive
24hours in such an extension. Jail extensions shall be subject to the approval of plans
25and specifications approval by the department of corrections and shall conform to

1other requirements imposed by law on jails, except that cells may be designed and
2used for multiple occupancy.
AB280,78 3Section 78 . 343.10 (1) (a) of the statutes is amended to read:
AB280,32,154 343.10 (1) (a) If a person's license or operating privilege is revoked or
5suspended under this chapter or s. 23.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1)
6(b), 350.1075 (1) (b),
767.73, 938.34 (14q), 943.21 (3m), or 961.50 and if the person
7is engaged in an occupation, including homemaking or full-time or part-time study,
8or a trade making it essential that he or she operate a motor vehicle, the person, after
9payment of the fee provided in sub. (6), may file an application with the department
10setting forth in detail the need for operating a motor vehicle. No person may file more
11than one application with respect to each revocation or suspension of the person's
12license or operating privilege under this chapter or s. 23.33 (4y) (a) 2., 23.335 (12)
13(km) 1. b., 30.688 (1) (b), 350.1075 (1) (b),
767.73, 938.34 (14q), 943.21 (3m), or 961.50,
14except that this limitation does not apply to an application to amend an occupational
15license restriction.
AB280,79 16Section 79 . 343.10 (2) (a) 1. of the statutes is amended to read:
AB280,32,2317 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
18incident or occurrence for which the person's license or operating privilege is
19currently revoked or suspended, the person's license or operating privilege was not
20revoked or suspended previously under this chapter or ch. 344 or s. 23.33 (4y) (a) 2.,
2123.335 (12) (km) 1. b., 30.688 (1) (b), 350.1075 (1) (b),
943.21 (3m) or 961.50 within
22the one-year period immediately preceding the present revocation or suspension,
23except as provided in s. 344.40.
AB280,80 24Section 80 . 343.10 (9) of the statutes is amended to read:
AB280,33,4
1343.10 (9) Notice. The department shall inform a person whose operating
2privilege is revoked or suspended under this chapter or chs. 23, 30, or 350 of his or
3her right to apply to the department for issuance of an occupational license under
4this section.
AB280,81 5Section 81 . 343.21 (1) (jr) of the statutes is amended to read:
AB280,33,96 343.21 (1) (jr) In addition to any other fee under this subsection, for
7reinstatement of an operating privilege previously revoked or suspended under s.
823.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1) (b), 343.305 (7), or 350.1075 (1) (b)
9or resulting from the commission of an offense listed in s. 343.307, $140.
AB280,82 10Section 82 . 350.01 (9b) of the statutes is created to read:
AB280,33,1511 350.01 (9b) “Intoxicated operating law" means the intoxicated operation of an
12all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
13operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the
14intoxicated boating law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling
15law.
AB280,83 16Section 83. 350.01 (9j) of the statutes is created to read:
AB280,33,1717 350.01 (9j) “Legal drinking age” means 21 years of age.
AB280,84 18Section 84 . 350.01 (10p) of the statutes is created to read:
AB280,33,2219 350.01 (10p) “Recreational vehicle" means an all-terrain vehicle, as defined
20in s. 340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an
21off-highway motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, as
22defined in s. 30.50 (9m), or a snowmobile.
AB280,85 23Section 85 . 350.01 (10q) of the statutes is created to read:
Loading...
Loading...