LRB-2746/1
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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 260
May 8, 2023 - Introduced by Representatives M URSAU, ANDRACA, PALMERI,
ARMSTRONG, BARE, BODDEN, CONLEY, GUNDRUM, JACOBSON, JOERS, ROZAR,
SHELTON, SNODGRASS, SUBECK and RETTINGER, cosponsored by Senators
JACQUE, LARSON, SMITH, SPREITZER and TAYLOR. Referred to Committee on
State Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 23.33 (4e) of the statutes; relating to: open alcohol containers
in or on all-terrain or utility terrain vehicles.
Analysis by the Legislative Reference Bureau
This bill prohibits the possession of open containers of alcohol and the
consumption of alcohol by any person in or on an all-terrain vehicle (ATV) or utility
terrain vehicle (UTV) when the vehicle is upon a highway, ATV trail, or other
established ATV corridor that is open to the public. The bill creates an exception from
this prohibition for a person in possession of an empty bottle or receptacle that was
acquired as refuse.
Under current law, a person may not operate an ATV or UTV while under the
influence of alcohol or a controlled substance to a degree that he or she cannot operate
the vehicle. Current law also prohibits the operation of an ATV or UTV by a person
who has an alcohol concentration of 0.08 or more.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 23.33 (4e) of the statutes is created to read:
23.33 (4e) INTOXICANTS IN OR ON AN ALL-TERRAIN VEHICLE OR UTILITY TERRAIN
VEHICLE. (a) No person may drink alcohol beverages while he or she is in or on any
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SECTION 1 ASSEMBLY BILL 260
all-terrain vehicle or utility terrain vehicle when the vehicle is upon a highway,
all-terrain vehicle trail, or other established all-terrain vehicle corridor that is open
to the public.
(b) No person may possess on his or her person while he or she is in or on any
all-terrain vehicle or utility terrain vehicle upon a highway, all-terrain vehicle trail,
or other established all-terrain vehicle corridor that is open to the public any bottle
or receptacle containing alcohol beverages if the bottle or receptacle has been opened,
the seal has been broken, or the contents of the bottle or receptacle have been
partially removed or released.
(c) The owner of an all-terrain vehicle or utility terrain vehicle, or the driver
of the vehicle if the owner is not present in or on the vehicle, may not keep, or allow
to be kept, in or on the vehicle when it is upon a highway, all-terrain vehicle trail,
or other established all-terrain vehicle corridor that is open to the public any bottle
or receptacle containing alcohol beverages if the bottle or receptacle has been opened,
the seal has been broken, or the contents of the bottle or receptacle have been
partially removed or released. This paragraph does not apply if the bottle or
receptacle is kept in the area of the vehicle not normally occupied by the driver or
passengers.
(d) Paragraphs (b) and (c) do not apply to a person in possession of a bottle or
receptacle that the person acquired as refuse and that contains no residual alcohol.
(END)
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