New Bill in the works LRB-4163
Posted: Thu Mar 04, 2010 8:41 pm
My name Patrick Schmutzer, I am the founder and President of Safe and Sober: Wisconsin Snowmobilers United, I am reaching out to you to make you aware of a bill that being proposed that will make a positive change in not only the snowmobile community but also with ATV, and Boating. The bill I am referencing is LRB-4163
As you are aware Wisconsin's' snowmobile trails have been some of the deadliest trails in the past 10 years, the majority of deaths that we have seen have been related to speed and alcohol. The current laws in our state regarding OWI are antiquated compared to our neighboring state of Minnesota and Michigan, in which both states place a OWI from a snowmobile on a offenders first offense. Since the inception of this law both states have seen a dramatic decrease in alcohol related deaths.
As a responsible snowmobile club, you already promote safe snowmobiling and speak of not drinking and driving, some of the club members that I have talked to have also pledged to a zero tolerance policy like the one that the A.C.S.A promotes and I commend all of you for this!
Much like your club, Safe and Sober: Wisconsin Snowmobilers United is based upon enjoying the trails in a safe and sober manner. We are made up of club, and non club members and this is the perfect mix because we are able to see issues from all aspects of the snowmobile community.
Below you will find the summary of the bill, and I have also attached the PDF for your viewing of the complete bill.
Under current law, a person may not operate a snowmobile, an all-terrain vehicle (ATV), 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 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 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, 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, the intoxicated boating, or the intoxicated snowmobiling law, a court may only count as 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 law or of the intoxicated boating law or of the applicable refusal laws may not be counted. Under the 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, the intoxicated boating, and the intoxicated snowmobiling laws more consistent. These changes include:
1. Raising the age of absolute sobriety for the operation of snowmobiles and ATVs to 21. Current law requires absolute sobriety for persons under the age of 19 who are operating snowmobiles and ATVs and for persons under the age of 21 for motorboats.
2. Adopting the higher penalties for various violations where the penalties for violations of the intoxicated operation of an ATV law, the intoxicated boating law, the intoxicated snowmobiling law, and the refusal law conflict.
3. Imposing increased penalties for violating the intoxicating boating law or the intoxicated snowmobiling law or related refusal law if the motorboat or snowmobile is operated with a passenger under 16 years of age. The increased penalty already exists for a violation of the intoxicated operation of an ATV law and the ATV refusal law.
4. Repealing the provisions that imposed increased penalties for operating an ATV with an alcohol concentration level that is 0.17 or more. Under current law, these increased penalties are not imposed for violations of the intoxicated boating or the intoxicated snowmobiling laws.
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 two 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, 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, the intoxicated boating, or the intoxicated snowmobiling law or the related refusal law. The bill also provides a forfeiture and additional six-month period of operating privilege suspension for violating the order of suspension.
If the person is found guilty of a violation of the intoxicated operation of an ATV, the intoxicated boating, or the intoxicated snowmobiling law or the related refusal law and has, within the previous five years, violated one of these laws, the bill requires the court to revoke the person’s privilege to operate a motor vehicle for not less than six months and not more than 12 months.
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, 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, as amended by 2009 Wisconsin Act 100, the sentences of persons who are convicted of certain second or third 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, the intoxicated boating, the intoxicated snowmobiling law, or the applicable refusal law.
Also addressed in this bill;
When the increase in the non resident trail pass law was created there was not wording placed to distribute the additional funds into the correct account, this section of the bill would rectify this issue.
A snowmobile trail use sticker issued by the Department of Natural Resources is required on all snowmobiles that are operated in this state but that are not registered in this state. Current law requires that $15 of each fee collected for a trail use sticker be credited to an appropriation to provide funding for the development and maintenance of snowmobile trails and routes. This bill increases the $15 of each fee collected to $32.
Once you have reviewed this document please feel free to reply back with comments, questions or concerns as we appreciate your input.
Thank you for your time !
Patrick Schmutzer
Founder and President
Safe and Sober: Wisconsin Snowmobilers United
Safe and Sober Website
Safe and Sober Facebook page
As you are aware Wisconsin's' snowmobile trails have been some of the deadliest trails in the past 10 years, the majority of deaths that we have seen have been related to speed and alcohol. The current laws in our state regarding OWI are antiquated compared to our neighboring state of Minnesota and Michigan, in which both states place a OWI from a snowmobile on a offenders first offense. Since the inception of this law both states have seen a dramatic decrease in alcohol related deaths.
As a responsible snowmobile club, you already promote safe snowmobiling and speak of not drinking and driving, some of the club members that I have talked to have also pledged to a zero tolerance policy like the one that the A.C.S.A promotes and I commend all of you for this!
Much like your club, Safe and Sober: Wisconsin Snowmobilers United is based upon enjoying the trails in a safe and sober manner. We are made up of club, and non club members and this is the perfect mix because we are able to see issues from all aspects of the snowmobile community.
Below you will find the summary of the bill, and I have also attached the PDF for your viewing of the complete bill.
Under current law, a person may not operate a snowmobile, an all-terrain vehicle (ATV), 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 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 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, 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, the intoxicated boating, or the intoxicated snowmobiling law, a court may only count as 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 law or of the intoxicated boating law or of the applicable refusal laws may not be counted. Under the 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, the intoxicated boating, and the intoxicated snowmobiling laws more consistent. These changes include:
1. Raising the age of absolute sobriety for the operation of snowmobiles and ATVs to 21. Current law requires absolute sobriety for persons under the age of 19 who are operating snowmobiles and ATVs and for persons under the age of 21 for motorboats.
2. Adopting the higher penalties for various violations where the penalties for violations of the intoxicated operation of an ATV law, the intoxicated boating law, the intoxicated snowmobiling law, and the refusal law conflict.
3. Imposing increased penalties for violating the intoxicating boating law or the intoxicated snowmobiling law or related refusal law if the motorboat or snowmobile is operated with a passenger under 16 years of age. The increased penalty already exists for a violation of the intoxicated operation of an ATV law and the ATV refusal law.
4. Repealing the provisions that imposed increased penalties for operating an ATV with an alcohol concentration level that is 0.17 or more. Under current law, these increased penalties are not imposed for violations of the intoxicated boating or the intoxicated snowmobiling laws.
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 two 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, 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, the intoxicated boating, or the intoxicated snowmobiling law or the related refusal law. The bill also provides a forfeiture and additional six-month period of operating privilege suspension for violating the order of suspension.
If the person is found guilty of a violation of the intoxicated operation of an ATV, the intoxicated boating, or the intoxicated snowmobiling law or the related refusal law and has, within the previous five years, violated one of these laws, the bill requires the court to revoke the person’s privilege to operate a motor vehicle for not less than six months and not more than 12 months.
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, 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, as amended by 2009 Wisconsin Act 100, the sentences of persons who are convicted of certain second or third 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, the intoxicated boating, the intoxicated snowmobiling law, or the applicable refusal law.
Also addressed in this bill;
When the increase in the non resident trail pass law was created there was not wording placed to distribute the additional funds into the correct account, this section of the bill would rectify this issue.
A snowmobile trail use sticker issued by the Department of Natural Resources is required on all snowmobiles that are operated in this state but that are not registered in this state. Current law requires that $15 of each fee collected for a trail use sticker be credited to an appropriation to provide funding for the development and maintenance of snowmobile trails and routes. This bill increases the $15 of each fee collected to $32.
Once you have reviewed this document please feel free to reply back with comments, questions or concerns as we appreciate your input.
Thank you for your time !
Patrick Schmutzer
Founder and President
Safe and Sober: Wisconsin Snowmobilers United
Safe and Sober Website
Safe and Sober Facebook page
