Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB262 Compare Versions

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

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1	1	LRB-2389/1
2	2	ZDW:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 262
5	5	May 2, 2023 - Introduced by Senators JACQUE, LARSON, SMITH, SPREITZER and
6	6	TAYLOR, cosponsored by Representatives M URSAU, ANDRACA, PALMERI,
7	7	ARMSTRONG, BARE, BODDEN, CONLEY, GREEN, GUNDRUM, JACOBSON, JOERS,
8	8	ROZAR, SHELTON, SNODGRASS, SUBECK and CABRERA. Referred to Committee on
9	9	Judiciary and Public Safety.
10	10	AN ACT to create 23.33 (4e) of the statutes; relating to: open alcohol containers
11	11	in or on all-terrain or utility terrain vehicles.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill prohibits the possession of open containers of alcohol and the
14	14	consumption of alcohol by any person in or on an all-terrain vehicle (ATV) or utility
15	15	terrain vehicle (UTV) when the vehicle is upon a highway, ATV trail, or other
16	16	established ATV corridor that is open to the public. The bill creates an exception from
17	17	this prohibition for a person in possession of an empty bottle or receptacle that was
18	18	acquired as refuse.
19	19	Under current law, a person may not operate an ATV or UTV while under the
20	20	influence of alcohol or a controlled substance to a degree that he or she cannot operate
21	21	the vehicle. Current law also prohibits the operation of an ATV or UTV by a person
22	22	who has an alcohol concentration of 0.08 or more.
23	23	The people of the state of Wisconsin, represented in senate and assembly, do
24	24	enact as follows:
25	25	SECTION 1. 23.33 (4e) of the statutes is created to read:
26	26	23.33 (4e) INTOXICANTS IN OR ON AN ALL-TERRAIN VEHICLE OR UTILITY TERRAIN
27	27	VEHICLE. (a) No person may drink alcohol beverages while he or she is in or on any
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32	32	5 - 2 -2023 - 2024 Legislature LRB-2389/1
33	33	ZDW:amn
34	34	SECTION 1 SENATE BILL 262
35	35	all-terrain vehicle or utility terrain vehicle when the vehicle is upon a highway,
36	36	all-terrain vehicle trail, or other established all-terrain vehicle corridor that is open
37	37	to the public.
38	38	(b) No person may possess on his or her person while he or she is in or on any
39	39	all-terrain vehicle or utility terrain vehicle upon a highway, all-terrain vehicle trail,
40	40	or other established all-terrain vehicle corridor that is open to the public any bottle
41	41	or receptacle containing alcohol beverages if the bottle or receptacle has been opened,
42	42	the seal has been broken, or the contents of the bottle or receptacle have been
43	43	partially removed or released.
44	44	(c) The owner of an all-terrain vehicle or utility terrain vehicle, or the driver
45	45	of the vehicle if the owner is not present in or on the vehicle, may not keep, or allow
46	46	to be kept, in or on the vehicle when it is upon a highway, all-terrain vehicle trail,
47	47	or other established all-terrain vehicle corridor that is open to the public any bottle
48	48	or receptacle containing alcohol beverages if the bottle or receptacle has been opened,
49	49	the seal has been broken, or the contents of the bottle or receptacle have been
50	50	partially removed or released. This paragraph does not apply if the bottle or
51	51	receptacle is kept in the area of the vehicle not normally occupied by the driver or
52	52	passengers.
53	53	(d) Paragraphs (b) and (c) do not apply to a person in possession of a bottle or
54	54	receptacle that the person acquired as refuse and that contains no residual alcohol.
55	55	(END)
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