This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
Because this bill proposes to revoke a person's operating privilege upon
conviction for an offense, the Department of Transportation, as required by law, will
prepare a report to be printed as an appendix to this bill.
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.

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:
AB280,1 1Section 1 . 23.33 (1) (ib) of the statutes is created to read:
AB280,5,62 23.33 (1) (ib) “Intoxicated operating law" means the intoxicated operation of
3an all-terrain or utility terrain vehicle law, the intoxicated operation of an
4off-highway motorcycle law, as defined in s. 23.335 (1) (L), the intoxicated boating
5law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in
6s. 350.01 (9c).
AB280,2 7Section 2 . 23.33 (1) (ih) of the statutes is created to read:
AB280,5,88 23.33 (1) (ih) “Legal drinking age" means 21 years of age.
AB280,3 9Section 3 . 23.33 (1) (jh) of the statutes is created to read:
AB280,5,1310 23.33 (1) (jh) “Recreational vehicle" means an all-terrain vehicle, a utility
11terrain vehicle, an off-highway motorcycle, as defined in s. 23.335 (1) (q), a
12recreational motorboat, as defined in s. 30.50 (9m), or a snowmobile, as defined in s.
13340.01 (58a).
AB280,4 14Section 4 . 23.33 (1) (jk) of the statutes is created to read:
AB280,5,1815 23.33 (1) (jk) “Recreational vehicle and boating refusal law" means the
16all-terrain or utility terrain vehicle refusal law, the off-highway motorcycle refusal
17law, as defined in s. 23.335 (1) (tm), the boating refusal law, as defined in s. 30.50 (2c),
18or the snowmobiling refusal law, as defined in s. 350.01 (17m).
AB280,5 19Section 5 . 23.33 (1) (jm) of the statutes is renumbered 23.33 (1) (at) and
20amended to read:
AB280,6,2
123.33 (1) (at) “Refusal “All-terrain or utility terrain vehicle refusal law" means
2sub. (4p) (e) or a local ordinance in conformity therewith.
AB280,6 3Section 6 . 23.33 (4c) (a) 3. of the statutes is amended to read:
AB280,6,84 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels;
5below legal drinking age 21.' If a A person who has not attained the legal drinking
6age of 21, the person may not engage in the operation of an all-terrain vehicle or
7utility terrain vehicle while he or she has an alcohol concentration of more than 0.0
8but not more less than 0.08.
AB280,7 9Section 7 . 23.33 (4c) (a) 4. of the statutes is amended to read:
AB280,6,1810 23.33 (4c) (a) 4. `Related charges.' A person may be charged with and a
11prosecutor may proceed upon a complaint based upon a violation of any combination
12of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
13person is charged with violating any combination of subd. 1., 2., or 2m., the offenses
14shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m.
15for acts arising out of the same incident or occurrence, there shall be a single
16conviction for purposes of sentencing and for purposes of counting convictions under
17sub. (13) (b) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact
18for conviction which that the others do not require.
AB280,8 19Section 8 . 23.33 (4c) (b) 3. of the statutes is amended to read:
AB280,7,420 23.33 (4c) (b) 3. `Related charges.' A person may be charged with and a
21prosecutor may proceed upon a complaint based upon a violation of any combination
22of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
23person is charged with violating any combination of subd. 1., 2., or 2m. in the
24complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
25of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or

1occurrence, there shall be a single conviction for purposes of sentencing and for
2purposes of counting convictions under sub. (13) (b) 2. and 3. to 5. Subdivisions 1.,
32., and 2m. each require proof of a fact for conviction which that the others do not
4require.
AB280,9 5Section 9 . 23.33 (4t) of the statutes is amended to read:
AB280,7,96 23.33 (4t) Report arrest to department. If a law enforcement officer arrests
7a person for a violation of the intoxicated operation of an all-terrain vehicle or utility
8terrain vehicle law or the all-terrain or utility terrain vehicle refusal law, the law
9enforcement officer shall notify the department of the arrest as soon as practicable.
AB280,10 10Section 10 . 23.33 (4y) of the statutes is created to read:
AB280,7,2011 23.33 (4y) Suspension or revocation of operating privileges. (a) Orders to
12suspend or revoke.
1. If a court imposes a penalty for a violation of the intoxicated
13operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
14terrain vehicle refusal law, the court shall order the suspension of the person's
15privilege to operate a recreational vehicle for a period of not less than 12 months and
16not more than 16 months. As part of the order, the court may authorize the person
17to operate a recreational vehicle exclusively on private land and not on highways if
18the court finds that such operation is essential for the purpose of engaging in an
19occupation or trade. Whenever a court suspends an operating privilege under this
20subdivision, the court shall notify the department of that action.
AB280,8,721 2. In addition to the order under subd. 1., the court shall also order the
22revocation of the person's privilege to operate a motor vehicle if the person, within
235 years prior to the arrest for the current violation of the intoxicated operation of an
24all-terrain or utility terrain vehicle law or the all-terrain or utility terrain vehicle
25refusal law, was convicted of a violation of the intoxicated operating law or the

1recreational vehicle and boating refusal law. The period of revocation shall be not
2less than 6 months and not more than 12 months. Whenever a court revokes an
3operating privilege under this subdivision, the court may take possession of the
4revoked license. If the court takes possession of the revoked license, the court shall
5destroy the license. The court shall forward to the department of transportation the
6record of the conviction and notice of revocation. The person is eligible for an
7occupational license under s. 343.10 at any time.
AB280,8,98 (b) Operating while suspended or revoked. 1. No person may operate a
9recreational vehicle in violation of a suspension order imposed under par. (a) 1.
AB280,8,1510 2. No person may operate an all-terrain vehicle or utility terrain vehicle during
11the time that the person's motor vehicle operating privilege is suspended or revoked
12for a conviction counted under s. 343.307 (1) unless a court order authorizes the
13person to operate an all-terrain vehicle or utility terrain vehicle exclusively on
14private land and not on highways because the court finds that such operation is
15essential for the purpose of engaging in an occupation or trade.
AB280,11 16Section 11 . 23.33 (13) (b) 1. of the statutes is amended to read:
AB280,8,2017 23.33 (13) (b) 1. Except as provided under subds. 2. and 3. to 5., a person who
18violates sub. (4c) (a) 1., 2., or 2m. or, (4p) (e), or a local ordinance in conformity with
19sub. (4c) (a) 1., 2., or 2m.
shall forfeit not less than $150 $400 nor more than $300
20$550.
AB280,12 21Section 12 . 23.33 (13) (b) 2. of the statutes is amended to read:
AB280,9,322 23.33 (13) (b) 2. Except as provided under subd. 3., a A person who violates sub.
23(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
24current violation, was convicted one time previously under the intoxicated operation
25of an all-terrain vehicle or utility terrain vehicle
operating law or the recreational

1vehicle and boating
refusal law shall be fined not less than $300 nor more than
2$1,100 and shall be imprisoned not less than 5 days nor more than 6 months one year
3in the county jail
.
AB280,13 4Section 13 . 23.33 (13) (b) 3. of the statutes is amended to read:
AB280,9,115 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 or
8utility terrain vehicle
operating law or, the recreational vehicle and boating refusal
9law, or any combination of these laws, shall be fined not less than $600 nor more than
10$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
11county jail.
AB280,14 12Section 14 . 23.33 (13) (b) 4. of the statutes is renumbered 23.33 (13) (b) 6. and
13amended to read:
AB280,9,1514 23.33 (13) (b) 6. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has
15not attained the age of 21
shall forfeit not more than $50.
AB280,15 16Section 15 . 23.33 (13) (b) 4b. of the statutes is created to read:
AB280,9,2217 23.33 (13) (b) 4b. A person who violates sub. (4c) (a) 1., 2., or 2m. and who,
18within 5 years prior to the arrest for the current violation, was convicted 3 times
19previously under the intoxicated operating law, the recreational vehicle and boating
20refusal law, or any combination of these laws, shall be fined not less than $600 nor
21more than $2,000 and shall be imprisoned not less than 60 days nor more than one
22year in the county jail.
AB280,16 23Section 16 . 23.33 (13) (b) 5. of the statutes is created to read:
AB280,9,2524 23.33 (13) (b) 5. A person who violates sub. (4c) (a) 1., 2., or 2m. and who, within
255 years prior to the arrest for the current violation, was convicted 4 or more times

1previously under the intoxicated operating law, the recreational vehicle and boating
2refusal law, or any combination of these laws, shall be fined not less than $600 nor
3more than $2,000 and shall be imprisoned not less than 6 months nor more than one
4year in the county jail.
AB280,17 5Section 17 . 23.33 (13) (bg) of the statutes is amended to read:
AB280,10,116 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain
7vehicle or utility terrain vehicle; underage passengers.
If there is a passenger under
816 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a
9violation that gives rise to a conviction under sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e),
10the applicable minimum and maximum forfeitures, fines, and terms of
11imprisonment under pars. par. (b) 1., 2., and 3. to 5. for the conviction are doubled.
AB280,18 12Section 18 . 23.33 (13) (bm) of the statutes is created to read:
AB280,10,2313 23.33 (13) (bm) 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 operation of an all-terrain or utility terrain vehicle law or of the
18all-terrain or utility terrain vehicle refusal law within a 5-year period equals 2,
19except that suspensions, revocations, or convictions arising out of the same incident
20or occurrence shall be counted as one, the fine shall be the same as under par. (b) 2.,
21but the period of imprisonment shall be not less than 5 days, except that if the person
22successfully completes a period of probation that includes alcohol and other drug
23treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
AB280,11,824 2. In any county that opts to offer a reduced minimum period of imprisonment
25for the successful completion of a probation period that includes alcohol and other

1drug treatment, if the number of suspensions, revocations, and convictions for a
2violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
3or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
4equals 3, except that suspensions, revocations, or convictions arising out of the same
5incident or occurrence shall be counted as one, the fine shall be the same as under
6par. (b) 3., but the period of imprisonment shall be not less than 30 days, except that
7if the person successfully completes a period of probation that includes alcohol and
8other drug treatment, the period of imprisonment shall be not less than 14 days.
AB280,11,189 3. In any county that opts to offer a reduced minimum period of imprisonment
10for the successful completion of a probation period that includes alcohol and other
11drug treatment, if the number of suspensions, revocations, and convictions for a
12violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
13or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
14equals 4, except that suspensions, revocations, or convictions arising out of the same
15incident or occurrence shall be counted as one, the fine shall be the same as under
16par. (b) 4b., but the period of imprisonment shall be not less than 60 days, except that
17if the person successfully completes a period of probation that includes alcohol and
18other drug treatment, the period of imprisonment shall be not less than 29 days.
AB280,11,2019 4. A person may be sentenced under this paragraph or under s. 23.335 (23)
20(dm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.
AB280,19 21Section 19 . 23.33 (13) (br) of the statutes is repealed.
AB280,20 22Section 20 . 23.33 (13) (ce) of the statutes is created to read:
AB280,12,323 23.33 (13) (ce) Penalties related to suspension and revocation. 1. A person who
24operates a recreational vehicle in violation of sub. (4y) (b) 1. is subject to a forfeiture
25of not less than $50 nor more than $250. In addition, for each such violation, the court

1may suspend the person's privilege to operate a recreational vehicle for a period of
2not more than 6 months. Whenever a court suspends an operating privilege under
3this subdivision, the court shall notify the department of that action.
AB280,12,94 2. A person who operates an all-terrain vehicle or utility terrain vehicle in
5violation of sub. (4y) (b) 2. is subject to a forfeiture of not less than $150 nor more than
6$300. In addition, the court may suspend the person's privilege to operate a
7recreational vehicle for a period of not more than 6 months. Whenever a court
8suspends an operating privilege under this subdivision, the court shall notify the
9department of that action.
AB280,21 10Section 21 . 23.33 (13) (cm) of the statutes is amended to read:
AB280,12,1411 23.33 (13) (cm) Sentence of detention. The legislature intends that courts use
12the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
13to par. (b) 2. or, 3., 4b., or 5., or (c). The use of this option can result in significant cost
14savings for the state and local governments.
AB280,22 15Section 22 . 23.33 (13) (d) of the statutes is renumbered 23.33 (13) (d) 1. and
16amended to read:
AB280,12,1917 23.33 (13) (d) 1. In determining the number of previous convictions under par.
18(b) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be
19counted as one previous conviction.
AB280,23 20Section 23 . 23.33 (13) (d) 2. of the statutes is created to read:
AB280,13,621 23.33 (13) (d) 2. In determining the number of previous convictions under par.
22(b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain or
23utility terrain vehicle law or under the all-terrain or utility terrain vehicle refusal
24law that occurred before, on, or after the effective date of this subdivision .... [LRB
25inserts date], and previous convictions under the intoxicated operation of an

1off-highway motorcycle law, as defined in s. 23.335 (1) (L), the off-highway
2motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated boating law,
3as defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
4intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
5refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
6subdivision .... [LRB inserts date], shall count as previous convictions.
AB280,24 7Section 24 . 23.33 (13) (dm) of the statutes is amended to read:
AB280,13,148 23.33 (13) (dm) Reporting convictions to the department. Whenever a person
9is convicted of a violation of the intoxicated operation of an all-terrain vehicle or
10utility terrain vehicle law or the all-terrain or utility terrain vehicle refusal law, the
11clerk of the court in which the conviction occurred , or the justice, judge or magistrate
12of a court not having a clerk,
shall forward to the department the record of such
13conviction. The record of conviction forwarded to the department shall state whether
14the offender was involved in an accident at the time of the offense.
AB280,25 15Section 25 . 23.33 (13) (eg) of the statutes is created to read:
AB280,13,2316 23.33 (13) (eg) Certificate of completion of safety program. In addition to any
17other penalty or order, a person who for the first time violates the intoxicated
18operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
19terrain vehicle refusal law shall be ordered by the court to obtain a certificate of
20satisfactory completion of a safety program established under sub. (5) (d). If the
21person has a valid certificate at the time that the court imposes a sentence for such
22a violation, the court shall permanently revoke the certificate and order the person
23to obtain another certificate of satisfactory completion of the safety program.
AB280,26 24Section 26 . 23.335 (1) (km) of the statutes is created to read:
AB280,14,5
123.335 (1) (km) “Intoxicated operating law” means the intoxicated operation
2of an all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the
3intoxicated operation of an off-highway motorcycle law, the intoxicated boating law,
4as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s.
5350.01 (9c).
AB280,27 6Section 27 . 23.335 (1) (nm) of the statutes is created to read:
AB280,14,77 23.335 (1) (nm) “Legal drinking age” means 21 years of age.
AB280,28 8Section 28 . 23.335 (1) (zer) of the statutes is created to read:
AB280,14,129 23.335 (1) (zer) “Recreational vehicle" means an all-terrain vehicle, as defined
10in s. 340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an
11off-highway motorcycle, a recreational motorboat, as defined in s. 30.50 (9m), or a
12snowmobile, as defined in s. 340.01 (58a).
AB280,29 13Section 29 . 23.335 (1) (zet) of the statutes is created to read:
AB280,14,1714 23.335 (1) (zet) “Recreational vehicle and boating refusal law" means the
15all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the
16off-highway motorcycle refusal law, the boating refusal law, as defined in s. 30.50
17(2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).
AB280,30 18Section 30 . 23.335 (1) (zf) of the statutes is renumbered 23.335 (1) (tm) and
19amended to read:
AB280,14,2120 23.335 (1) (tm) “Refusal “ Off-highway motorcycle refusal law" means sub. (12)
21(h) or a local ordinance in conformity therewith.
AB280,31 22Section 31 . 23.335 (12) (a) 3. of the statutes is amended to read:
AB280,14,2523 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.
AB280,32
1Section 32. 23.335 (12) (a) 4. of the statutes is amended to read:
AB280,15,102 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.
AB280,33 11Section 33 . 23.335 (12) (b) 3. of the statutes is amended to read:
AB280,15,2012 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.
AB280,34 21Section 34 . 23.335 (12) (j) of the statutes is amended to read:
AB280,15,2522 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.
AB280,35
1Section 35. 23.335 (12) (km) of the statutes is created to read:
AB280,16,112 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 a
8recreational vehicle exclusively on private land and not on highways if the court finds
9that such operation is essential for the purpose of engaging in an occupation or trade.
10Whenever a court suspends an operating privilege under this subd. 1. a., the court
11shall notify the department of that action.
AB280,16,2312 b. In addition to the order under subd. 1. a., the court shall also order the
13revocation of the person's privilege to operate a motor vehicle if the person, within
145 years prior to the arrest for the current violation of the intoxicated operation of an
15off-highway motorcycle law or the off-highway motorcycle refusal law, was
16convicted of a violation of the intoxicated operating law or the recreational vehicle
17and boating refusal law. The period of revocation shall be not less than 6 months and
18not more than 12 months. Whenever a court revokes an operating privilege under
19this subd. 1. b., the court may take possession of the revoked license. If the court
20takes possession of the revoked license, the court shall destroy the license. The court
21shall forward to the department of transportation the record of the conviction and
22notice of revocation. The person is eligible for an occupational license under s. 343.10
23at any time.
AB280,16,2524 2. `Operating while suspended or revoked.' a. No person may operate a
25recreational vehicle in violation of a suspension order imposed under subd. 1. a.
AB280,17,6
1b. No person may operate an off-highway motorcycle during the time that the
2person's motor vehicle operating privilege is suspended or revoked for a conviction
3counted under s. 343.307 (1) unless a court order authorizes the person to operate
4an off-highway motorcycle exclusively on private land and not on highways because
5the court finds that such operation is essential for the purpose of engaging in an
6occupation or trade.
AB280,36 7Section 36 . 23.335 (23) (c) 1. of the statutes is amended to read:
AB280,17,118 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4. to 5., a person
9who violates sub. (12) (a) 1., 2., or 2m. or (h) or a local ordinance in conformity with
10sub. (12) (a) 1., 2., or 2m.
shall forfeit not less than $150 $400 nor more than $300
11$550.
AB280,37 12Section 37 . 23.335 (23) (c) 2. of the statutes is amended to read:
AB280,17,1913 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a A person who
14violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest
15for the current violation, was convicted one time previously under the intoxicated
16operation of an off-highway motorcycle
operating law or the recreational vehicle and
17boating refusal law
shall be fined not less than $300 nor more than $1,100 and shall
18be imprisoned not less than 5 days nor more than 6 months one year in the county
19jail
.
AB280,38 20Section 38 . 23.335 (23) (c) 3. of the statutes is amended to read:
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