AB356,15,2 23.335 (1) (tm) “Refusal “Off-highway motorcycle refusal law" means sub. (12) (h) or a local ordinance in conformity therewith.

AB356,33 Section 33 . 23.335 (12) (a) 3. of the statutes is amended to read:

AB356,15,6 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.

AB356,34 Section 34 . 23.335 (12) (a) 4. of the statutes is amended to read:

AB356,15,16 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.

AB356,35 Section 35 . 23.335 (12) (b) 3. of the statutes is amended to read:

AB356,16,2 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.

AB356,36 Section 36 . 23.335 (12) (j) of the statutes is amended to read:

AB356,16,7 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.

AB356,37 Section 37 . 23.335 (12) (km) of the statutes is created to read:

AB356,16,19 23.335 (12) (km) 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 operation of an off-highway motorcycle law or the off-highway motorcycle refusal law, 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 an off-highway motorcycle exclusively on land under the management and control of the person's immediate family 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 subd. 1. a., the court shall notify the department of that action.

AB356,17,6 b. In addition to the order under subd. 1. a., the court shall also order the revocation of the person's privilege to operate a motor vehicle on public premises if the person, within 5 years prior to the arrest for the current violation of the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle refusal law, 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 subd. 1. b., 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.

AB356,17,8 2. `Operating while suspended or revoked.' a. No person may operate a recreational vehicle in violation of a suspension order imposed under subd. 1. a.

AB356,17,11 b. No person may operate an off-highway motorcycle during the time that the person's motor vehicle operating privilege is suspended or revoked for a conviction counted under s. 343.307 (1).

AB356,38 Section 38 . 23.335 (23) (c) 1. of the statutes is amended to read:

AB356,17,15 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4. to 5., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit not less than $150 $400 nor more than $300 $550.

AB356,39 Section 39 . 23.335 (23) (c) 2. of the statutes is amended to read:

AB356,17,23 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated operation of an off-highway motorcycle operating law or the recreational vehicle and boating refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months one year in the county jail.

AB356,40 Section 40 . 23.335 (23) (c) 3. of the statutes is amended to read:

AB356,18,7 23.335 (23) (c) 3. Except as provided in subd. 4., a A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an off-highway motorcycle operating law , 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 not less than 30 days nor more than one year in the county jail.

AB356,41 Section 41 . 23.335 (23) (c) 4. of the statutes is renumbered 23.335 (23) (c) 6. and amended to read:

AB356,18,12 23.335 (23) (c) 6. A person who violates sub. (12) (a) 3. or who violates sub. (12) (h) and who has not attained the legal drinking age of 21 shall forfeit not more than $50.

AB356,42 Section 42 . 23.335 (23) (c) 4b. of the statutes is created to read:

AB356,18,19 23.335 (23) (c) 4b. A person who violates sub. (12) (a) 1., 2., or 2m. and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated operating law, 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 not less than 60 days nor more than one year in the county jail.

AB356,43 Section 43 . 23.335 (23) (c) 5. of the statutes is created to read:

AB356,19,2 23.335 (23) (c) 5. A person who violates sub. (12) (a) 1., 2., or 2m. and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated operating law, 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 not less than 6 months nor more than one year in the county jail.

AB356,44 Section 44 . 23.335 (23) (cg) of the statutes is created to read:

AB356,19,8 23.335 (23) (cg) Penalties related to intoxicated operation; underage passengers. If there is a passenger under 16 years of age on the off-road motorcycle at the time of a violation that gives rise to a conviction under sub. (12) (a) 1., 2., or 2m. or (h), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (c) 1. to 5. for the conviction are doubled.

AB356,45 Section 45 . 23.335 (23) (dm) of the statutes is created to read: