2007 - 2008 LEGISLATURE
May 15, 2007 - Introduced by Representatives Albers, Sheridan, Hahn,
Petrowski, Townsend, Hines
and Hubler, cosponsored by Senators Breske,
Schultz, A. Lasee
and Cowles. Referred to Committee on Transportation.
AB339,1,4 1An Act to renumber and amend 349.26 (1); to amend 285.30 (5) (c), 341.25
2(title), 341.25 (1) (b), 341.297 (1), 342.14 (1r), 342.14 (3m) and 349.26 (2); and
3to create 285.30 (5) (k) and 349.26 (3) of the statutes; relating to:
4neighborhood electric vehicles.
Analysis by the Legislative Reference Bureau
Under current law, a municipality may, by ordinance, allow the use of a
neighborhood electric vehicle on a roadway under its jurisdiction that has a speed
limit of 35 miles per hour or less. A "neighborhood electric vehicle" is a motor vehicle
that has successfully completed the neighborhood electric vehicle America test
program conducted by the federal Department of Energy and that meets certain
standards for low-speed vehicles under federal law, but does not include a golf cart.
A municipality that enacts an ordinance may also be required to enter into an
agreement with, or obtain the consent of, others with which roadway jurisdiction is
shared permitting neighborhood electric vehicles to use or cross the roadway. A
municipality that enacts an ordinance may provide for municipal licensing of
neighborhood electric vehicles that are used within the municipality.
This bill eliminates municipal licensing of neighborhood electric vehicles and
instead requires these vehicles to be registered with the Department of
Transportation (DOT). The registration fee and biennial registration period are the
same as those currently applicable to registration of mopeds. The bill also clarifies
and modifies municipal authority to allow operation of neighborhood electric
vehicles on the municipality's roadways. Under the bill, a municipal ordinance may

apply to a connecting highway within the municipality, or to an intersection within
the municipality where the municipality's roadway crosses a state trunk highway,
only if all of the following apply: 1) the municipality provides written notice to 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 neighborhood
electric vehicles on the connecting highway or through the intersection crossing the
state trunk highway. If DOT makes a timely objection to the use of neighborhood
electric vehicles on the connecting highway or through the intersection crossing the
state trunk highway, the municipality's ordinance is not valid for that connecting
highway or that intersection crossing the state trunk highway.
Current law generally requires the owner of a vehicle subject to registration to
apply for a certificate of title for the vehicle. An applicant for a certificate of title must
pay a fee of $28.50, plus an environmental impact fee of $9, plus a supplemental title
fee of $7.50.
Under this bill, the owner of a neighborhood electric vehicle must apply for a
certificate of title, which controls legal ownership of and interests in the vehicle. The
owner must pay the certificate of title fee of $28.50, but is not required to pay the
environmental impact fee or supplemental title fee.
Current law requires DOT to conduct a motor vehicle emission inspection and
maintenance program (I/M program) in counties in which the air quality does not
meet certain federal standards. Under the I/M program, most motor vehicles that
are subject to emission limitations established by the Department of Natural
Resources (DNR) must pass periodic emission inspections and may not be registered
by DOT unless they have passed these inspections. Certain motor vehicles are
exempt from emission inspections, including mopeds, motorcycles, off-road utility
vehicles, vehicles powered by diesel fuel, most vehicles exempt from registration, and
vehicles for which inspection, in the judgment of DNR, is not a cost-effective method
for attaining and maintaining air quality. This bill exempts neighborhood electric
vehicles from emission inspections.
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:
AB339, s. 1 1Section 1. 285.30 (5) (c) of the statutes is amended to read:
AB339,2,42 285.30 (5) (c) A motor vehicle exempt from registration under s. 341.05, except
3that a motor vehicle owned by the United States is not exempt unless it comes under
4par. (a), (b), (d), (e), (f), (g), (h), or (j), or (k).
AB339, s. 2 5Section 2. 285.30 (5) (k) of the statutes is created to read:
AB339,3,1
1285.30 (5) (k) A neighborhood electric vehicle, as defined in s. 340.01 (36r).
AB339, s. 3 2Section 3. 341.25 (title) of the statutes is amended to read:
AB339,3,4 3341.25 (title) Annual and biennial registration fees; biennial
4motorcycle fees
.
AB339, s. 4 5Section 4. 341.25 (1) (b) of the statutes is amended to read:
AB339,3,96 341.25 (1) (b) For each motorcycle or moped with a curb weight of 1,499 pounds
7or less, except a specially designed vehicle under s. 341.067, which is designed for the
8transportation of persons rather than property, and for each neighborhood electric
9vehicle,
a biennial fee of $23.
AB339, s. 5 10Section 5. 341.297 (1) of the statutes is amended to read:
AB339,3,1211 341.297 (1) A motorcycle or, moped, or neighborhood electric vehicle, as
12specified in s. 341.25 (1) (b).
AB339, s. 6 13Section 6. 342.14 (1r) of the statutes is amended to read:
AB339,3,1914 342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental
15impact fee of $9, by the person filing the application. All moneys collected under this
16subsection shall be credited to the environmental fund for environmental
17management. This subsection does not apply after December 31, 2007. This
18subsection does not apply to an application for a certificate of title for a neighborhood
19electric vehicle.
AB339, s. 7 20Section 7. 342.14 (3m) of the statutes is amended to read:
AB339,4,221 342.14 (3m) Upon filing an application under sub. (1) or (3), a supplemental
22title fee of $7.50 by the owner of the vehicle, except that this fee shall be waived with
23respect to an application under sub. (3) for transfer of a decedent's interest in a
24vehicle to his or her surviving spouse. The fee specified under this subsection is in

1addition to any other fee specified in this section. This subsection does not apply to
2an application for a certificate of title for a neighborhood electric vehicle.
AB339, s. 8 3Section 8. 349.26 (1) of the statutes is renumbered 340.01 (36r) and amended
4to read:
AB339,4,115 340.01 (36r) In this section, "neighborhood "Neighborhood electric vehicle"
6means a self-propelled motor vehicle that has successfully completed the
7neighborhood electric vehicle America test program conducted by the federal
8department of energy, and that conforms to the definition and requirements for
9low-speed vehicles as adopted in the federal motor vehicle safety standards for
10low-speed vehicles under 49 CFR 571.3 (b) and 571.500. "Neighborhood electric
11vehicle" does not include a golf cart.
AB339, s. 9 12Section 9. 349.26 (2) of the statutes is amended to read:
AB339,4,2213 349.26 (2) The Subject to sub. (3), the governing body of any city, town, or
14village may by ordinance allow the use of a neighborhood electric vehicle on a
15roadway that has a speed limit of 35 miles per hour or less and over which the
16governing body city, town, or village has jurisdiction. A city, town, or village that
17passes an ordinance under this section shall enter into an agreement with, or obtain
18the consent of, each governing body that shares jurisdiction over a roadway within
19the city, town, or village, to permit neighborhood electric vehicles to use or cross the
20roadway. An ordinance passed under this section may contain a provision for the city,
21town, or village to license neighborhood electric vehicles that are used within the city,
22town, or village limits.
AB339, s. 10 23Section 10. 349.26 (3) of the statutes is created to read:
AB339,5,3
1349.26 (3) (a) An ordinance under sub. (2) may apply to a connecting highway,
2or to an intersection where the roadway crosses a state trunk highway, within the
3city, town, or village only if all of the following apply:
AB339,5,64 1. The city, town, or village provides written notice to the department of the
5ordinance, including identification of any connecting highway or state trunk
6highway intersection to which the ordinance will apply.
AB339,5,117 2. Within 21 days of receiving the notice under subd. 1., the department has
8provided written or oral consent to the use of neighborhood electric vehicles on the
9connecting highway or through the intersection crossing the state trunk highway or
10has failed to object to the use of neighborhood electric vehicles on the connecting
11highway or through the intersection crossing the state trunk highway.
AB339,5,1412 (b) If the department makes a timely objection under par. (a) 2., no ordinance
13enacted under this section is valid for that connecting highway or that intersection
14crossing the state trunk highway.
AB339, s. 11 15Section 11. Nonstatutory provisions.
AB339,6,216 (1) Notwithstanding section 341.25 of the statutes, as affected by this act, and
17section 341.31 of the statutes, if a person has licensed, prior to the effective date of
18this subsection, any neighborhood electric vehicle in accordance with an ordinance
19enacted by a city, town, or village providing for such licensing, the person may
20register any such neighborhood electric vehicle with the department of
21transportation at no additional fee for the vehicle's entire initial registration period
22if the city, town, or village license is valid at the time that the person applies for
23registration with the department of transportation and if the person applies for
24registration within 2 years after the effective date of this subsection. The 2-year

1initial registration period for the neighborhood electric vehicle shall commence from
2the date that the certificate of registration is issued.
AB339,6,33 (End)
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