LRB-3067/1
ARG:nwn:md
2009 - 2010 LEGISLATURE
August 31, 2009 - Introduced by Representatives A. Ott, Ballweg, Bies,
Hilgenberg, Jorgensen, Kaufert, Radcliffe, Sherman and Townsend,
cosponsored by Senators A. Lasee, Cowles, S. Fitzgerald, Olsen, Schultz and
Holperin. Referred to Committee on Transportation.
AB402,1,2
1An Act to amend 349.26 (2); and
to create 349.26 (4) of the statutes;
relating
2to: the operation of neighborhood electric vehicles on county trunk highways.
Analysis by the Legislative Reference Bureau
Under current law, a "neighborhood electric vehicle" (NEV) is a motor vehicle
that is propelled by electric power and that meets certain standards for low-speed
vehicles under federal law, but does not include a golf cart. A municipality may, by
ordinance, allow the use of NEVs on roadways under its jurisdiction that have a
speed limit of 35 miles per hour or less. However, a municipal ordinance may not
allow the use of NEVs on connecting highways within the municipality, or where the
municipality's roadways cross state trunk highways, unless all of the following
apply: 1) the municipality provides written notice to the Department of
Transportation (DOT) of the ordinance, including identification of any connecting
highway or state trunk highway intersection to which the ordinance will apply; and
2) within 21 days of receiving this notice, DOT consents or fails to object to the use
of NEVs on the connecting highway or through the intersection crossing the state
trunk highway.
This bill expands municipal authority to allow operation of NEVs on roadways
within the municipality. Under the bill, a municipal ordinance may allow the use of
NEVs on county trunk highways located within the municipality's territorial
boundaries if all of the following apply: 1) the municipality provides written notice
of the ordinance to the governing body of the county having jurisdiction over the
highway, including identification of any county trunk highway to which the
ordinance will apply; and 2) within 21 days of receiving this notice, the governing
body of the county, or the county highway commissioner or county highway
committee if designated by the governing body of the county to act on its behalf,
consents or fails to object to the use of NEVs on the county trunk highway.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB402, s. 1
1Section
1. 349.26 (2) of the statutes is amended to read:
AB402,2,62
349.26
(2) Subject to
sub. subs. (3)
and (4), the governing body of any city, town,
3or village may by ordinance allow the use of a neighborhood electric vehicle on a
4roadway that has a speed limit of 35 miles per hour or less and
over which that either
5is under the jurisdiction of the city, town, or village
has jurisdiction or is a county
6trunk highway located within the territorial boundaries of the city, town, or village.
AB402, s. 2
7Section
2. 349.26 (4) of the statutes is created to read:
AB402,2,98
349.26
(4) (a) An ordinance under sub. (2) may apply to a county trunk highway
9within the city, town, or village only if all of the following apply:
AB402,2,1210
1. The city, town, or village provides written notice of the ordinance to the
11governing body of the county having jurisdiction over the highway, including
12identification of any county trunk highway to which the ordinance will apply.
AB402,2,1813
2. Within 21 days of receiving the notice under subd. 1., the governing body of
14the county, or the county highway commissioner or county highway committee if
15designated by the governing body of the county to act on its behalf, has provided
16written or oral consent to the use of neighborhood electric vehicles on the county
17trunk highway or has failed to object to the use of neighborhood electric vehicles on
18the county trunk highway.
AB402,3,4
1(b) If the governing body of the county, or the county highway commissioner or
2county highway committee if designated by the governing body of the county to act
3on its behalf, makes a timely objection under par. (a) 2., no ordinance enacted under
4this section is valid for that county trunk highway.
