LRB-0721/1
ARG:bjk:rs
2009 - 2010 LEGISLATURE
September 30, 2009 - Introduced by Senators Vinehout, Holperin, Lazich,
Erpenbach, Cowles, Ellis, Schultz and Taylor, cosponsored by
Representatives Danou, Jorgensen, Radcliffe, Wood, Zigmunt, Ballweg, Van
Akkeren, Berceau, Kaufert, Pope-Roberts and Zepnick. Referred to
Committee on Transportation, Tourism, Forestry, and Natural Resources.
SB321,1,2
1An Act to repeal 349.26 (3); and
to renumber and amend 349.26 (2) of the
2statutes;
relating to: operation of neighborhood electric vehicles.
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 any roadway within the municipality that has a speed limit of 35 miles per
hour or less, regardless of whether the municipality has jurisdiction over the
roadway.
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:
SB321, s. 1
1Section
1. 349.26 (2) of the statutes is renumbered 349.26 and amended to
2read:
SB321,2,8
3349.26 Authority to allow the operation of neighborhood electric
4vehicles. Subject to sub. (3), the The governing body of any
city, town, or village 5municipality may by ordinance allow the use of a neighborhood electric vehicle on a
6roadway that has a speed limit of 35 miles per hour or less and
over which the city,
7town, or village that is located within the territorial boundaries of the municipality,
8regardless of whether the municipality has jurisdiction
over the roadway.
SB321, s. 2
9Section
2. 349.26 (3) of the statutes is repealed.
