SB301,12,9 2. A person who operates an all-terrain vehicle or utility terrain vehicle in violation of sub. (4y) (b) 2. is subject to a forfeiture of not less than $150 nor more than $300. In addition, the court may suspend the person's privilege to operate a recreational vehicle for a period of not more than 6 months. Whenever a court suspends an operating privilege under this subdivision, the court shall notify the department of that action.

SB301,21 Section 21 . 23.33 (13) (cm) of the statutes is amended to read:

SB301,12,14 23.33 (13) (cm) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (b) 2. or, 3., 4b., or 5., or (c). The use of this option can result in significant cost savings for the state and local governments.

SB301,22 Section 22 . 23.33 (13) (d) of the statutes is renumbered 23.33 (13) (d) 1. and amended to read:

SB301,12,19 23.33 (13) (d) 1. In determining the number of previous convictions under par. (b) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

SB301,23 Section 23 . 23.33 (13) (d) 2. of the statutes is created to read:

SB301,13,6 23.33 (13) (d) 2. In determining the number of previous convictions under par. (b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain or utility terrain vehicle law or under the all-terrain or utility terrain vehicle refusal law that occurred before, on, or after the effective date of this subdivision .... [LRB inserts date], and previous convictions under the intoxicated operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated boating law, as defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this subdivision .... [LRB inserts date], shall count as previous convictions.

SB301,24 Section 24 . 23.33 (13) (dm) of the statutes is amended to read:

SB301,13,14 23.33 (13) (dm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or the all-terrain or utility terrain vehicle refusal law, the clerk of the court in which the conviction occurred , or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

SB301,25 Section 25 . 23.33 (13) (eg) of the statutes is created to read:

SB301,13,23 23.33 (13) (eg) Certificate of completion of safety program. In addition to any other penalty or order, a person who for the first time violates the intoxicated operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility terrain vehicle refusal law shall be ordered by the court to obtain a certificate of satisfactory completion of a safety program established under sub. (5) (d). If the person has a valid certificate at the time that the court imposes a sentence for such a violation, the court shall permanently revoke the certificate and order the person to obtain another certificate of satisfactory completion of the safety program.

SB301,26 Section 26 . 23.335 (1) (km) of the statutes is created to read:

SB301,14,5 23.335 (1) (km) “Intoxicated operating law” means the intoxicated operation of an all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated operation of an off-highway motorcycle law, the intoxicated boating law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).

SB301,27 Section 27 . 23.335 (1) (nm) of the statutes is created to read:

SB301,14,7 23.335 (1) (nm) “Legal drinking age” means 21 years of age.

SB301,28 Section 28 . 23.335 (1) (zer) of the statutes is created to read:

SB301,14,12 23.335 (1) (zer) “Recreational vehicle" means an all-terrain vehicle, as defined in s. 340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway motorcycle, a recreational motorboat, as defined in s. 30.50 (9m), or a snowmobile, as defined in s. 340.01 (58a).

SB301,29 Section 29 . 23.335 (1) (zet) of the statutes is created to read:

SB301,14,17 23.335 (1) (zet) “Recreational vehicle and boating refusal law" means the all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway motorcycle refusal law, the boating refusal law, as defined in s. 30.50 (2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).

SB301,30 Section 30 . 23.335 (1) (zf) of the statutes is renumbered 23.335 (1) (tm) and amended to read:

SB301,14,21 23.335 (1) (tm) “Refusal “ Off-highway motorcycle refusal law" means sub. (12) (h) or a local ordinance in conformity therewith.

SB301,31 Section 31 . 23.335 (12) (a) 3. of the statutes is amended to read:

SB301,14,25 23.335 (12) (a) 3. If a A person who has not attained the legal drinking age of 21, the person may not engage in the operation of an off-highway motorcycle while he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.

SB301,32 Section 32. 23.335 (12) (a) 4. of the statutes is amended to read:

SB301,15,10 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m. 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 sub. (23) (c) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which that the others do not require.

SB301,33 Section 33 . 23.335 (12) (b) 3. of the statutes is amended to read:

SB301,15,20 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 2m. 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 sub. (23) (c) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which that the others do not require.

SB301,34 Section 34 . 23.335 (12) (j) of the statutes is amended to read:

SB301,15,25 23.335 (12) (j) Report of arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.