LRB-3545/1
ZDW:klm
2015 - 2016 LEGISLATURE
November 13, 2015 - Introduced by Representatives Jarchow, Bernier, Czaja,
Edming, Gannon, Horlacher, Kleefisch, Knodl, Krug, Mursau, A. Ott,
Quinn, Ripp, Swearingen, Tittl, Danou, Doyle, Kahl, Meyers and Milroy,
cosponsored by Senators Harsdorf, Olsen, Petrowski and Ringhand.
Referred to Committee on Natural Resources and Sporting Heritage.
AB504,1,4 1An Act to renumber and amend 23.33 (5) (am) 1. and 23.33 (5) (am) 2.; to
2amend
23.33 (1) (jp) and 23.33 (5) (b) 1m.; and to create 23.33 (1) (jpm), 23.33
3(5) (am) 1. b. and 23.33 (5) (am) 3. of the statutes; relating to: the age
4restriction for operation of a small utility terrain vehicle.
Analysis by the Legislative Reference Bureau
This bill defines "small utility terrain vehicle," creates an exception from the
prohibition on a person under the age of 16 operating a utility terrain vehicle (UTV),
and increases the allowable engine size for a small all-terrain vehicle (ATV).
Under current law, a person may not operate, rent, or lease a UTV unless he or
she is at least 16 years of age. An exception is made if the person is operating the
UTV for an agricultural purpose and he or she is under the supervision of a person
over 18 years of age. This bill defines "small utility terrain vehicle" as a UTV that
has four wheels and that has either an engine certified by the manufacturer at not
more than 200 cubic centimeters or an equivalent power unit. Under this bill, a
person under the age of 16 but at least 12 years of age may operate a small UTV on
an ATV trail designated by the Department of Natural Resources (DNR) if he or she
is accompanied by by his or her parent or guardian or by a person who is at least 18
years of age who is designated by the parent or guardian.
Under current law, a person who is at least 16 years of age and who was born
on or after January 1, 1988, may not operate a UTV without a valid safety certificate.
Under this bill, a person who is at least 12 years of age and who was born on or after
January 1, 1988, may not operate a UTV without a valid safety certificate. Under

current law, subject to limited exceptions, no person under 12 years of age may
operate an ATV. An exception is made for a person operating a small ATV on an ATV
trail designated by DNR if the person is accompanied by his or her parent or guardian
or by a person who is at least 18 years of age who is designated by the parent or
guardian. "Small all-terrain vehicle" is defined as an ATV that has four wheels and
that has either an engine certified by the manufacturer at not more than 90 cubic
centimeters or an equivalent power unit. This bill increases the allowable engine
size for a small ATV from 90 cubic centimeters to 130 cubic centimeters.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB504,1 1Section 1. 23.33 (1) (jp) of the statutes is amended to read:
AB504,2,42 23.33 (1) (jp) "Small all-terrain vehicle" means an all-terrain vehicle that has
34 wheels and that has either an engine certified by the manufacturer at not more
4than 90 130 cubic centimeters or an equivalent power unit.
AB504,2 5Section 2. 23.33 (1) (jpm) of the statutes is created to read:
AB504,2,86 23.33 (1) (jpm) "Small utility terrain vehicle" means a utility terrain vehicle
7that has 4 wheels and that has either an engine certified by the manufacturer at not
8more than 200 cubic centimeters or an equivalent power unit.
AB504,3 9Section 3. 23.33 (5) (am) 1. of the statutes is renumbered 23.33 (5) (am) 1.
10(intro.) and amended to read:
AB504,2,1311 23.33 (5) (am) 1. (intro.) Except as provided in subd. 2., no No person under 16
12years of age
may operate, rent, or lease a utility terrain vehicle unless he or she is
13at least 16 years of age.
any of the following apply:
AB504,4 14Section 4. 23.33 (5) (am) 1. b. of the statutes is created to read:
AB504,2,1815 23.33 (5) (am) 1. b. He or she is at least 12 years of age, is operating a small
16utility terrain vehicle on an all-terrain vehicle trail designated by the department
17and he or she is accompanied by his or her parent or guardian or by a person who is
18at least 18 years of age who is designated by the parent or guardian.
AB504,5
1Section 5. 23.33 (5) (am) 2. of the statutes is renumbered 23.33 (5) (am) 1. a.
2and amended to read:
AB504,3,83 23.33 (5) (am) 1. a. A person who is under 16 years of age may operate utility
4terrain vehicle if the person operates
He or she is operating the utility terrain vehicle
5for an agricultural purpose and he or she is under the supervision of a person over
618 years of age. For purposes of this subdivision subd. 1. a., supervision does not
7require that the person under 16 years of age be subject to continuous direction or
8control by the person over 18 years of age.
AB504,6 9Section 6. 23.33 (5) (am) 3. of the statutes is created to read:
AB504,3,1110 23.33 (5) (am) 3. Except as provided in par. (4) (d) 1., 2., and 3. a., no person who
11is under 16 years of age may operate a utility terrain vehicle on a roadway.
AB504,7 12Section 7. 23.33 (5) (b) 1m. of the statutes is amended to read:
AB504,3,1613 23.33 (5) (b) 1m. No person who is at least 16 12 years of age and who is born
14on or after January 1, 1988, may operate a utility terrain vehicle unless he or she
15holds a valid safety certificate issued by the department, another state, or a province
16of Canada.
AB504,3,1717 (End)
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