Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB260 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-2746/1
2	2	ZDW:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 260
5	5	May 8, 2023 - Introduced by Representatives M URSAU, ANDRACA, PALMERI,
6	6	ARMSTRONG, BARE, BODDEN, CONLEY, GUNDRUM, JACOBSON, JOERS, ROZAR,
7	7	SHELTON, SNODGRASS, SUBECK and RETTINGER, cosponsored by Senators
8	8	JACQUE, LARSON, SMITH, SPREITZER and TAYLOR. Referred to Committee on
9	9	State Affairs.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 23.33 (4e) of the statutes; relating to: open alcohol containers
12	12	in or on all-terrain or utility terrain vehicles.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill prohibits the possession of open containers of alcohol and the
15	15	consumption of alcohol by any person in or on an all-terrain vehicle (ATV) or utility
16	16	terrain vehicle (UTV) when the vehicle is upon a highway, ATV trail, or other
17	17	established ATV corridor that is open to the public. The bill creates an exception from
18	18	this prohibition for a person in possession of an empty bottle or receptacle that was
19	19	acquired as refuse.
20	20	Under current law, a person may not operate an ATV or UTV while under the
21	21	influence of alcohol or a controlled substance to a degree that he or she cannot operate
22	22	the vehicle. Current law also prohibits the operation of an ATV or UTV by a person
23	23	who has an alcohol concentration of 0.08 or more.
24	24	The people of the state of Wisconsin, represented in senate and assembly, do
25	25	enact as follows:
26	26	SECTION 1. 23.33 (4e) of the statutes is created to read:
27	27	23.33 (4e) INTOXICANTS IN OR ON AN ALL-TERRAIN VEHICLE OR UTILITY TERRAIN
28	28	VEHICLE. (a) No person may drink alcohol beverages while he or she is in or on any
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33	33	5 - 2 -2023 - 2024 Legislature LRB-2746/1
34	34	ZDW:amn
35	35	SECTION 1 ASSEMBLY BILL 260
36	36	all-terrain vehicle or utility terrain vehicle when the vehicle is upon a highway,
37	37	all-terrain vehicle trail, or other established all-terrain vehicle corridor that is open
38	38	to the public.
39	39	(b) No person may possess on his or her person while he or she is in or on any
40	40	all-terrain vehicle or utility terrain vehicle upon a highway, all-terrain vehicle trail,
41	41	or other established all-terrain vehicle corridor that is open to the public any bottle
42	42	or receptacle containing alcohol beverages if the bottle or receptacle has been opened,
43	43	the seal has been broken, or the contents of the bottle or receptacle have been
44	44	partially removed or released.
45	45	(c) The owner of an all-terrain vehicle or utility terrain vehicle, or the driver
46	46	of the vehicle if the owner is not present in or on the vehicle, may not keep, or allow
47	47	to be kept, in or on the vehicle when it is upon a highway, all-terrain vehicle trail,
48	48	or other established all-terrain vehicle corridor that is open to the public any bottle
49	49	or receptacle containing alcohol beverages if the bottle or receptacle has been opened,
50	50	the seal has been broken, or the contents of the bottle or receptacle have been
51	51	partially removed or released. This paragraph does not apply if the bottle or
52	52	receptacle is kept in the area of the vehicle not normally occupied by the driver or
53	53	passengers.
54	54	(d) Paragraphs (b) and (c) do not apply to a person in possession of a bottle or
55	55	receptacle that the person acquired as refuse and that contains no residual alcohol.
56	56	(END)
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