SB331,25,5 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which that the others do not require.

SB331,62 Section 62 . 30.681 (2) (d) 1. a. of the statutes is amended to read:

SB331,25,13 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a recreational motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a detectable amount of a restricted controlled substance in his or her blood.

SB331,63 Section 63 . 30.686 of the statutes is amended to read:

SB331,25,18 30.686 Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated boating law or the boating refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

SB331,64 Section 64 . 30.688 of the statutes is created to read:

SB331,26,4 30.688 Suspension or revocation of operating privileges. (1) Orders to suspend or revoke. (a) If a court imposes a penalty for a violation of the intoxicated boating law or the boating refusal law and if the violation involved the operation of a recreational motorboat, the court shall order the suspension of the person's privilege to operate a recreational vehicle for a period of not less than 12 months and not more than 16 months. As part of the order, the court may authorize the person to operate a recreational motorboat if the court finds that such operation is essential for the purpose of engaging in an occupation or trade. Whenever a court suspends an operating privilege under this paragraph, the court shall notify the department of that action.

SB331,26,15 (b) In addition to the order under par. (a), the court shall also order the revocation of the person's privilege to operate a motor vehicle on public premises, as defined in s. 23.33 (1) (jd), if the person, within 5 years prior to the arrest for the current violation subject to the order under par. (a), violated the intoxicated operating law or the recreational vehicle and boating refusal law. The period of revocation shall be not less than 6 months and not more than 12 months. Whenever a court revokes an operating privilege under this paragraph, the court may take possession of the revoked license. If the court takes possession of the revoked license, the court shall destroy the license. The court shall forward to the department of transportation the record of the conviction and notice of revocation. The person is eligible for an occupational license under s. 343.10 at any time.

SB331,26,17 (2) Operating while suspended or revoked. (a) No person may operate a recreational vehicle in violation of a suspension order imposed under sub. (1) (a).

SB331,26,20 (b) No person may operate a recreational motorboat during the time that the person's motor vehicle operating privilege is suspended or revoked for a conviction counted under s. 343.307 (1).

SB331,65 Section 65 . 30.74 (1) (bn) of the statutes is amended to read:

SB331,26,25 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for life unless the certificate or the person's privilege to operate a recreational motorboat is suspended or revoked by a court under s. 30.688 (1) (a), 30.80 (2m) or (6) (e), or 938.343 (5).

SB331,66 Section 66. 30.80 (6) (a) 1. of the statutes is amended to read:

SB331,27,5 30.80 (6) (a) 1. Except as provided under subds. 2. to 5., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law 30.684 (5) shall forfeit not less than $150 $400 nor more than $300 $550.

SB331,67 Section 67 . 30.80 (6) (a) 2. of the statutes is amended to read:

SB331,27,13 30.80 (6) (a) 2. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated boating operating law or the recreational vehicle and boating refusal law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned for not less than 5 days nor more than 6 months one year in the county jail.

SB331,68 Section 68 . 30.80 (6) (a) 3. of the statutes is amended to read:

SB331,27,21 30.80 (6) (a) 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 2 times previously under the intoxicated boating operating law or, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than one year in the county jail.

SB331,69 Section 69 . 30.80 (6) (a) 4. of the statutes is amended to read:

SB331,28,4 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated boating operating law or, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.

SB331,70 Section 70 . 30.80 (6) (a) 5. of the statutes is amended to read:

SB331,28,12 30.80 (6) (a) 5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated boating operating law or, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.

SB331,71 Section 71 . 30.80 (6) (a) 6. of the statutes is amended to read:

SB331,28,16 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in conformity with s. 30.681 (1) (bn) who violates s. 30.684 (5) and has not attained the legal drinking age shall forfeit $50.

SB331,72 Section 72 . 30.80 (6) (am) of the statutes is created to read:

SB331,28,22 30.80 (6) (am) Penalties related to operating with underage passengers. If there is a passenger under 16 years of age in a motorboat at the time of a violation that gives rise to a conviction under s. 30.681 (1) (a) or (b) 1. or 1m. or 30.684 (5), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (a) 1. to 5. for the conviction are doubled.

SB331,73 Section 73 . 30.80 (6) (ar) of the statutes is created to read:

SB331,29,8 30.80 (6) (ar) Alcohol and drug treatment alternatives. 1. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated boating law or the boating refusal law within a 5-year period equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (a) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.

SB331,29,18 2. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated boating law or the boating refusal law within a 5-year period equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (a) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 14 days.