LRB-3097/1
ARG:jld:jf
2009 - 2010 LEGISLATURE
February 9, 2010 - Introduced by Representatives Steinbrink, Zigmunt, A. Ott,
Benedict, Turner, Sinicki, Bies
and Pope-Roberts, cosponsored by Senator
Lehman. Referred to Committee on Transportation.
AB718,1,6 1An Act to repeal 23.33 (11m) (a) 4.; to renumber and amend 340.01 (36r) and
2349.26 (3) (a) 1. and 2. and (b); to consolidate, renumber and amend 349.26
3(2) and (3) (a) (intro.); to amend 285.30 (5) (k), 341.25 (1) (b), 341.297 (1), 342.14
4(1r), 342.14 (3m), 346.94 (title) and 349.26 (title); and to create 343.32 (2) (be),
5346.94 (21), 346.95 (11) and 349.26 (1m) of the statutes; relating to: operation
6of low-speed vehicles on highways and providing a penalty.
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 (LSVs) 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.

Also under current law, DOT assesses demerit points against the driving record
of persons convicted of certain traffic law violations.
This bill authorizes the operation of LSVs on certain highways. The bill
eliminates the requirement that an NEV be propelled by electric power and redefines
an NEV as an LSV. With exceptions, the bill allows the operation of LSVs on
highways under the jurisdiction of a municipality or county that have a speed limit
of 35 miles per hour or less. However, a municipality or county may adopt an
ordinance prohibiting the operation of LSVs on highways under its jurisdiction.
Also, an LSV may not be operated through an intersection crossing an expressway,
freeway, or controlled-access highway and an LSV may be operated through other
intersections crossing state trunk highways or connecting highways only if the state
trunk highway or connecting highway has a speed limit at the intersection of 35 miles
per hour or less and traffic at the intersection is controlled by traffic control signals.
An LSV may be operated on a connecting highway only if the connecting highway has
a speed limit of 25 miles per hour or less or the municipality or county with
jurisdiction over the connecting highway has adopted an ordinance, with the written
consent of DOT, allowing such operation.
The bill prohibits any person from operating an LSV on a highway other than
a highway on which operation is authorized under the bill. The bill also prohibits any
person from operating an LSV at a speed in excess of 25 miles per hour and is subject
to the assessment by DOT of two demerit points against the person's driving record.
Any person violating either of these prohibitions may be required to forfeit not more
than $200.
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:
AB718, s. 1 1Section 1. 23.33 (11m) (a) 4. of the statutes is repealed.
AB718, s. 2 2Section 2. 285.30 (5) (k) of the statutes is amended to read:
AB718,2,43 285.30 (5) (k) A neighborhood electric low-speed vehicle, as defined in s. 340.01
4(36r) (27g).
AB718, s. 3 5Section 3. 340.01 (36r) of the statutes is renumbered 340.01 (27g) and
6amended to read:
AB718,3,37 340.01 (27g) "Neighborhood electric "Low-speed vehicle" means a motor
8vehicle that is propelled by electric power and that conforms to the definition and

1requirements for low-speed vehicles as adopted in the federal motor vehicle safety
2standards for low-speed vehicles under 49 CFR 571.3 (b) and 571.500.
3"Neighborhood electric "Low-speed vehicle" does not include a golf cart.
AB718, s. 4 4Section 4. 341.25 (1) (b) of the statutes is amended to read:
AB718,3,85 341.25 (1) (b) For each motorcycle or moped with a curb weight of 1,499 pounds
6or less, except a specially designed vehicle under s. 341.067, which is designed for the
7transportation of persons rather than property, and for each neighborhood electric
8low-speed vehicle, a biennial fee of $23.
AB718, s. 5 9Section 5. 341.297 (1) of the statutes is amended to read:
AB718,3,1110 341.297 (1) A motorcycle, moped, or neighborhood electric low-speed vehicle,
11as specified in s. 341.25 (1) (b).
AB718, s. 6 12Section 6. 342.14 (1r) of the statutes, as affected by 2009 Wisconsin Act 28, is
13amended to read:
AB718,3,1814 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 deposited in the environmental fund for environmental
17management. This subsection does not apply to an application for a certificate of title
18for a neighborhood electric low-speed vehicle.
AB718, s. 7 19Section 7. 342.14 (3m) of the statutes, as affected by 2009 Wisconsin Act 28,
20is amended to read:
AB718,4,221 342.14 (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 or domestic partner under ch. 770. The fee
25specified under this subsection is in addition to any other fee specified in this section.

1This subsection does not apply to an application for a certificate of title for a
2neighborhood electric low-speed vehicle.
AB718, s. 8 3Section 8. 343.32 (2) (be) of the statutes is created to read:
AB718,4,74 343.32 (2) (be) The scale adopted by the secretary shall assess, for each
5conviction, 2 demerit points for a violation of s. 346.94 (21) (c) or (d), except that
6convictions arising out of the same incident or occurrence shall be counted as a single
7conviction.
AB718, s. 9 8Section 9. 346.94 (title) of the statutes is amended to read:
AB718,4,9 9346.94 (title) Miscellaneous prohibited or restricted acts.
AB718, s. 10 10Section 10. 346.94 (21) of the statutes is created to read:
AB718,4,1411 346.94 (21) Low-speed vehicles operated on highways. (a) Except as provided
12in par. (b) and s. 349.26, a person may operate a low-speed vehicle on any highway
13that has a speed limit of 35 miles per hour or less and that is under the jurisdiction,
14for maintenance purposes, of a municipality or county.
AB718,4,1815 (b) 1. Paragraph (a) applies to the operation of a low-speed vehicle on a
16connecting highway only if the connecting highway has a speed limit of 25 miles per
17hour or less or the municipality or county with jurisdiction has adopted a valid
18ordinance under s. 349.26 (2m).
AB718,4,2319 2. Subject to subd. 3., par. (a) applies to an intersection where the highway
20under the jurisdiction of the municipality or county crosses a state trunk highway
21or connecting highway only if the state trunk highway or connecting highway has a
22speed limit at the intersection of 35 miles per hour or less and traffic at the
23intersection is controlled by traffic control signals.
AB718,5,224 3. Paragraph (a) does not apply to an intersection where the highway under the
25jurisdiction of the municipality or county crosses an expressway, as defined in s.

1346.57 (1) (ag), or freeway, as defined in s. 346.57 (1) (am), or a controlled-access
2highway designated under s. 83.027 or 84.25.
AB718,5,43 (c) No person may operate a low-speed vehicle on any highway except as
4authorized under this subsection.
AB718,5,65 (d) No person may operate a low-speed vehicle at a speed in excess of 25 miles
6per hour.
AB718, s. 11 7Section 11. 346.95 (11) of the statutes is created to read:
AB718,5,98 346.95 (11) Any person violating s. 346.94 (21) (c) or (d) may be required to
9forfeit not more than $200.
AB718, s. 12 10Section 12. 349.26 (title) of the statutes is amended to read:
AB718,5,12 11349.26 (title) Authority to allow or prohibit the operation of
12neighborhood electric low-speed vehicles.
AB718, s. 13 13Section 13. 349.26 (1m) of the statutes is created to read:
AB718,5,1614 349.26 (1m) The governing body of any municipality or county may by
15ordinance prohibit the operation of low-speed vehicles on any highway that is under
16the jurisdiction, for maintenance purposes, of the municipality or county.
AB718, s. 14 17Section 14. 349.26 (2) and (3) (a) (intro.) of the statutes are consolidated,
18renumbered 349.26 (2m) (a) (intro.) and amended to read:
AB718,6,219 349.26 (2m) (a) (intro.) Subject to sub. (3), the The governing body of any city,
20town, or village
municipality or county may by ordinance allow the use operation of
21a neighborhood electric low-speed vehicle on a roadway highway that has a speed
22limit of more than 25 miles per hour but not more than 35 miles per hour or less and
23over which the city, town, or village has jurisdiction. (3) (a) An ordinance under sub.
24(2) may apply to
that is a connecting highway , or to an intersection where the

1roadway crosses a state trunk highway,
within the city, town, or village municipality
2or county
only if all of the following apply:
AB718, s. 15 3Section 15. 349.26 (3) (a) 1. and 2. and (b) of the statutes are renumbered
4349.26 (2m) (a) 1. and 2. and (b) and amended to read:
AB718,6,85 349.26 (2m) (a) 1. The city, town, or village municipality or county provides
6written notice to the department of the ordinance, including identification of any the
7connecting highway or state trunk highway intersection to which the ordinance will
8apply.
AB718,6,149 2. Within 21 days of After receiving the notice under subd. 1., the department
10has provided provides written or oral consent to the use of neighborhood electric
11low-speed vehicles on the connecting highway or through the intersection crossing
12the state trunk highway or has failed to object to the use of neighborhood electric

13vehicles on the connecting highway or through the intersection crossing the state
14trunk highway
.
AB718,6,1815 (b) If Unless the department makes a timely objection provides written consent
16under par. (a) 2., no an ordinance enacted under this section subsection is not valid
17for that the connecting highway or that intersection crossing the state trunk
18highway
.
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