LRB-2709/1

EHS:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 301

April 8, 2021 - Introduced by Senators Jacque, Bewley and Larson, cosponsored by Representatives Spiros, Cabral-Guevara, Horlacher, Krug, Moses, Rozar, Subeck and Tusler. Referred to Committee on Judiciary and Public Safety.

SB301,2,11 An Act to repeal 23.33 (13) (br); to renumber 30.80 (6) (c); to renumber and amend 23.33 (1) (jm), 23.33 (13) (b) 4., 23.33 (13) (d), 23.335 (1) (zf), 23.335 (23) (c) 4., 23.335 (23) (g), 30.50 (9x), 350.01 (10r), 350.11 (3) (a) 4. and 350.11 (3) (c); to amend 23.33 (4c) (a) 3., 23.33 (4c) (a) 4., 23.33 (4c) (b) 3., 23.33 (4t), 23.33 (13) (b) 1., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 23.33 (13) (bg), 23.33 (13) (cm), 23.33 (13) (dm), 23.335 (12) (a) 3., 23.335 (12) (a) 4., 23.335 (12) (b) 3., 23.335 (12) (j), 23.335 (23) (c) 1., 23.335 (23) (c) 2., 23.335 (23) (c) 3., 23.335 (23) (h), 30.681 (1) (bn), 30.681 (1) (c), 30.681 (2) (c), 30.681 (2) (d) 1. a., 30.686, 30.74 (1) (bn), 30.80 (6) (a) 1., 30.80 (6) (a) 2., 30.80 (6) (a) 3., 30.80 (6) (a) 4., 30.80 (6) (a) 5., 30.80 (6) (a) 6., 30.80 (6) (e), 59.54 (14) (g), 343.10 (1) (a), 343.10 (2) (a) 1., 343.10 (9), 343.21 (1) (jr), 350.101 (1) (c), 350.101 (1) (d), 350.101 (2) (c), 350.106, 350.11 (3) (a) 1., 350.11 (3) (a) 2., 350.11 (3) (a) 3., 350.11 (3) (bm), 350.11 (3) (cm), 940.09 (1m) (b) and 940.25 (1m) (b); and to create 23.33 (1) (ib), 23.33 (1) (ih), 23.33 (1) (jh), 23.33 (1) (jk), 23.33 (4y), 23.33 (13) (b) 4b., 23.33 (13) (b) 5., 23.33 (13) (bm), 23.33 (13) (ce), 23.33 (13) (d) 2., 23.33 (13) (eg), 23.335 (1) (km), 23.335 (1) (nm), 23.335 (1) (zer), 23.335 (1) (zet), 23.335 (12) (km), 23.335 (23) (c) 4b., 23.335 (23) (c) 5., 23.335 (23) (cg), 23.335 (23) (dm), 23.335 (23) (dr), 23.335 (23) (fm), 23.335 (23) (g) 2., 23.335 (23) (im), 30.50 (4n), 30.50 (4v), 30.50 (9m), 30.50 (9s), 30.50 (9t), 30.688, 30.80 (6) (am), 30.80 (6) (ar), 30.80 (6) (bg), 30.80 (6) (bn), 30.80 (6) (c) 2., 30.80 (6) (cm), 350.01 (9b), 350.01 (9j), 350.01 (10p), 350.01 (10q), 350.1075, 350.11 (3) (a) 4b., 350.11 (3) (a) 5., 350.11 (3) (am), 350.11 (3) (ar), 350.11 (3) (bg), 350.11 (3) (c) 2. and 350.11 (3) (e) of the statutes; relating to: intoxicated operation of all-terrain vehicles, utility terrain vehicles, off-highway motorcycles, snowmobiles, and motorboats and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill makes the laws regulating the intoxicated operation of different recreational vehicles more consistent.

Under current law, a person may not operate a snowmobile, an all-terrain vehicle (ATV), a utility terrain vehicle (UTV), an off-highway motorcycle (OHM), or a motorboat while under the influence of alcohol or a controlled substance to a degree that he or she cannot operate the vehicle or boat safely. Under current law, a personal watercraft is included in the definition of “motorboat." Current law also prohibits the operation of an ATV, a UTV, an OHM, a recreational motorboat, or a snowmobile by a person who has an alcohol concentration of 0.08 or more. For motorboats being operated on a commercial basis, the maximum alcohol concentration is 0.04. These laws are respectively referred to under current law as the intoxicated operation of an ATV or UTV law, the intoxicated operation of an OHM law, the intoxicated boating law, and the intoxicated snowmobiling law. Under current law, a person who refuses to submit to a legal request for a breath, blood, or urine sample pursuant to an arrest for operating a snowmobile, an ATV, a UTV, an OHM, or a recreational motorboat while under the influence is in violation of what is known as the refusal law.

Under current law, in imposing a penalty for a violation of the intoxicated operation of an ATV or UTV, the intoxicated operation of an OHM, the intoxicated boating, or the intoxicated snowmobiling law, a court may only count a previous conviction of the same law, or the applicable refusal law. For example, if a person is before the court for violating the intoxicated snowmobiling law or the snowmobile refusal law, the court may count only previous convictions of the intoxicated snowmobiling law and the snowmobile refusal law as prior convictions. Previous convictions of the intoxicated operation of an ATV or UTV law or of the intoxicated boating law or of the applicable refusal laws may not be counted. Under this bill, a court must count previous convictions of any of these intoxicated operation or refusal laws that occurred within the previous five years when imposing a penalty for a violation of any of these laws.

The bill makes the provisions of the intoxicated operation of an ATV or UTV, the intoxicated operation of an OHM, the intoxicated boating, and the intoxicated snowmobiling laws more consistent. These changes include all of the following:

1. Adopting the higher penalties for various violations where the penalties for violations of the intoxicated operation of an ATV or UTV law, the intoxicated operation of an OHM law, the intoxicated boating law, the intoxicated snowmobiling law, and the refusal law conflict.