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LRBs0235/1
ZDW:amn
2021 - 2022 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 368
October 18, 2021 - Offered by Senator Stafsholt.
SB368-SSA1,1,2 1An Act to amend 23.33 (3) (em) and 23.33 (6r); and to create 346.92 (4) of the
2statutes; relating to: passenger restrictions on all-terrain vehicles.
Analysis by the Legislative Reference Bureau
Under current law, no person may ride on an all-terrain vehicle (ATV) or utility
terrain vehicle (UTV) on a part of the ATV or UTV that is not designed for use by
passengers. A person is also prohibited from operating an ATV or UTV with such a
passenger. Under current law, no person may drive any vehicle, including an ATV,
on a highway with another person on any portion of the vehicle that is not designed
or intended for the use of passengers.
Under this bill, these restrictions do not apply to the operation of an ATV with
one passenger if either the operator or passenger is at least 16 years of age.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB368-SSA1,1 3Section 1 . 23.33 (3) (em) of the statutes is amended to read:
SB368-SSA1,2,34 23.33 (3) (em) Except as provided in sub. (11m), with a passenger riding in or
5on any part of an all-terrain vehicle or utility terrain vehicle that is not designed or

1intended to be used by passengers. This paragraph does not apply to the operation
2of an all-terrain vehicle with one passenger if either the operator or passenger is at
3least 16 years of age.
SB368-SSA1,2 4Section 2 . 23.33 (6r) of the statutes is amended to read:
SB368-SSA1,2,95 23.33 (6r) Passenger restrictions. Except as provided in sub. (11m), no person
6may ride in or on any part of an all-terrain vehicle or utility terrain vehicle that is
7not designed or intended to be used by passengers. This paragraph does not apply
8to the operation of an all-terrain vehicle with one passenger if either the operator
9or passenger is at least 16 years of age.
SB368-SSA1,3 10Section 3 . 346.92 (4) of the statutes is created to read:
SB368-SSA1,2,1211 346.92 (4) This section does not apply to the operation of an all-terrain vehicle
12with one passenger if either the operator or passenger is at least 16 years of age.
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