The bill provides that when counting the number of convictions within the previous five years, the previous convictions for intoxicated operation of that same type of recreational vehicle or the related refusal law that occurred before the effective date of this bill are counted, but previous convictions for the other three types of recreational vehicles that occurred before the effective date of this bill are not counted.

The bill also requires a court to enter an order to suspend the person's privilege to operate a snowmobile, an ATV, a UTV, an OHM, and a motorboat for a period of not less than 12 months and not more that 16 months if the court imposes 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 or the related refusal law. The bill allows the court, as part of the order, to authorize the person to operate an ATV, UTV, OHM, or snowmobile exclusively on private land and not on highways if the court finds that such operation is essential for the purpose of engaging in an occupation or trade. The bill also provides a forfeiture and additional six-month period of operating privilege suspension for violating the order of suspension.

Under the bill, if the person is found guilty of 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 or the related refusal law and has, within the previous five years, been convicted of violating one of these laws, the court is required to revoke the person's privilege to operate a motor vehicle for not less than six months and not more than 12 months. Also under the bill, the person may be eligible for an occupational driver's license at any time during the revocation period. The bill requires the person whose operating privilege was revoked to pay a $140 reinstatement fee.

Under the bill, if a person has had his or her privilege to operate a motor vehicle suspended or revoked for a violation of a prohibition against operating a motor vehicle while intoxicated, the person may not operate a snowmobile, an ATV, a UTV, an OHM, or a motorboat during the period of that motor vehicle operating privilege suspension or revocation. The bill also provides a forfeiture and an additional six-month period of operating privilege suspension for violating the order of suspension.

Under current law, the sentences of persons who are convicted of certain second, third, or fourth offenses involving the operation of a motor vehicle while under the influence of an intoxicant may be reduced if the violator successfully completes a period of probation that includes alcohol and other drug treatment. A person may complete a treatment program and receive a reduced period of imprisonment only once. This bill allows this option to be used for persons convicted of 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 or the applicable refusal law.

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:

SB301,1 Section 1 . 23.33 (1) (ib) of the statutes is created to read:

SB301,5,6 23.33 (1) (ib) “Intoxicated operating law" means the intoxicated operation of an all-terrain or utility terrain vehicle law, the intoxicated operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the intoxicated boating law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).

SB301,2 Section 2 . 23.33 (1) (ih) of the statutes is created to read:

SB301,5,8 23.33 (1) (ih) “Legal drinking age" means 21 years of age.

SB301,3 Section 3 . 23.33 (1) (jh) of the statutes is created to read:

SB301,5,13 23.33 (1) (jh) “Recreational vehicle" means an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, as defined in s. 30.50 (9m), or a snowmobile, as defined in s. 340.01 (58a).

SB301,4 Section 4 . 23.33 (1) (jk) of the statutes is created to read:

SB301,5,18 23.33 (1) (jk) “Recreational vehicle and boating refusal law" means the all-terrain or utility terrain vehicle refusal law, the off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, as defined in s. 30.50 (2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).

SB301,5 Section 5 . 23.33 (1) (jm) of the statutes is renumbered 23.33 (1) (at) and amended to read:

SB301,6,2 23.33 (1) (at) “Refusal “All-terrain or utility terrain vehicle refusal law" means sub. (4p) (e) or a local ordinance in conformity therewith.

SB301,6 Section 6 . 23.33 (4c) (a) 3. of the statutes is amended to read:

SB301,6,8 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels; below legal drinking age 21.' If a A person who has not attained the legal drinking age of 21, the person may not engage in the operation of an all-terrain vehicle or utility terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.

SB301,7 Section 7 . 23.33 (4c) (a) 4. of the statutes is amended to read:

SB301,6,18 23.33 (4c) (a) 4. `Related charges.' 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. (13) (b) 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.

SB301,8 Section 8 . 23.33 (4c) (b) 3. of the statutes is amended to read:

SB301,7,4 23.33 (4c) (b) 3. `Related charges.' 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. (13) (b) 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.

SB301,9 Section 9 . 23.33 (4t) of the statutes is amended to read:

SB301,7,9 23.33 (4t) Report arrest to department. If a law enforcement officer arrests a person for 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 law enforcement officer shall notify the department of the arrest as soon as practicable.

SB301,10 Section 10 . 23.33 (4y) of the statutes is created to read: