LRBs0385/1
ARG:jld&nwn:jf
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 321
March 31, 2010 - Offered by Representative Steinbrink.
SB321-ASA1,1,5
1An Act to repeal 349.26 (3);
to renumber and amend 340.01 (36r);
to amend
2285.30 (5) (k), 341.25 (1) (b), 341.297 (1), 342.14 (1r), 342.14 (3m), 346.94 (title),
3349.26 (title) and 349.26 (2); and
to create 343.32 (2) (be), 346.94 (22), 346.95
4(11) and 349.26 (1m) of the statutes;
relating to: operation of low-speed
5vehicles 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 substitute amendment authorizes the operation of LSVs on certain
highways. The substitute amendment eliminates the requirement that an NEV be
propelled by electric power and redefines an NEV as an LSV. The substitute
amendment provides general authorization for 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. This general authorization is subject to exceptions related to
intersections crossing state trunk highways, connecting highways, expressways,
freeways, or controlled-access highways and to operation of LSVs on connecting
highways. However, a municipality or county may override this general
authorization by adopting an ordinance prohibiting the operation of LSVs on
highways under its jurisdiction. In addition, a municipality may override the
exceptions to this general authorization by adopting an ordinance to allow the use
of LSVs 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.
The substitute amendment prohibits any person from operating an LSV on a
highway other than a highway on which operation is authorized under the substitute
amendment. The substitute amendment also prohibits any person from operating
an LSV at a speed in excess of 25 miles per hour. Any person violating either of these
prohibitions may be required to forfeit not more than $200 and is subject to the
assessment by DOT of two demerit points against the person's driving record.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB321-ASA1,2,32
285.30
(5) (k) A
neighborhood electric
low-speed vehicle, as defined in s. 340.01
3(36r) (27h).
SB321-ASA1, s. 2
4Section
2. 340.01 (36r) of the statutes is renumbered 340.01 (27h) and
5amended to read:
SB321-ASA1,2,106
340.01
(27h) "Neighborhood electric "Low-speed vehicle" means a motor
7vehicle
that is propelled by electric power and that conforms to the definition and
8requirements for low-speed vehicles as adopted in the federal motor vehicle safety
9standards for low-speed vehicles under
49 CFR 571.3 (b) and 571.500.
10"Neighborhood electric "Low-speed vehicle" does not include a golf cart.
SB321-ASA1,3,52
341.25
(1) (b) For each motorcycle or moped with a curb weight of 1,499 pounds
3or less, except a specially designed vehicle under s. 341.067, which is designed for the
4transportation of persons rather than property, and for each
neighborhood electric 5low-speed vehicle, a biennial fee of $23.
SB321-ASA1,3,87
341.297
(1) A motorcycle, moped, or
neighborhood electric low-speed vehicle,
8as specified in s. 341.25 (1) (b).
SB321-ASA1,3,1511
342.14
(1r) Upon filing an application under sub. (1) or (3), an environmental
12impact fee of $9, by the person filing the application. All moneys collected under this
13subsection shall be deposited in the environmental fund for environmental
14management. This subsection does not apply to an application for a certificate of title
15for a
neighborhood electric low-speed vehicle.
SB321-ASA1,3,2418
342.14
(3m) Upon filing an application under sub. (1) or (3), a supplemental
19title fee of $7.50 by the owner of the vehicle, except that this fee shall be waived with
20respect to an application under sub. (3) for transfer of a decedent's interest in a
21vehicle to his or her surviving spouse or domestic partner under ch. 770. The fee
22specified under this subsection is in addition to any other fee specified in this section.
23This subsection does not apply to an application for a certificate of title for a
24neighborhood electric low-speed vehicle.
SB321-ASA1, s. 7
25Section
7. 343.32 (2) (be) of the statutes is created to read:
SB321-ASA1,4,4
1343.32
(2) (be) The scale adopted by the secretary shall assess, for each
2conviction, 2 demerit points for a violation of s. 346.94 (22) (c) or (d), except that
3convictions arising out of the same incident or occurrence shall be counted as a single
4conviction.
SB321-ASA1,4,6
6346.94 (title)
Miscellaneous prohibited
or restricted acts.
SB321-ASA1,4,118
346.94
(22) Low-speed vehicles operated on highways. (a) Except as provided
9in par. (b) and s. 349.26, a person may operate a low-speed vehicle on any highway
10that has a speed limit of 35 miles per hour or less and that is under the jurisdiction,
11for maintenance purposes, of a municipality or county.
SB321-ASA1,4,1512
(b) 1. Paragraph (a) applies to the operation of a low-speed vehicle on a
13connecting highway only if the connecting highway has a speed limit of 25 miles per
14hour or less or the municipality or county with jurisdiction has adopted a valid
15ordinance under s. 349.26 (2).
SB321-ASA1,4,2016
2. Subject to subd. 3., par. (a) applies to an intersection where the highway
17under the jurisdiction of the municipality or county crosses a state trunk highway
18or connecting highway only if the state trunk highway or connecting highway has a
19speed limit at the intersection of 35 miles per hour or less and traffic at the
20intersection is controlled by traffic control signals.
SB321-ASA1,4,2421
3. Paragraph (a) does not apply to an intersection where the highway under the
22jurisdiction of the municipality or county crosses an expressway, as defined in s.
23346.57 (1) (ag), or freeway, as defined in s. 346.57 (1) (am), or a controlled-access
24highway designated under s. 83.027 or 84.25.
SB321-ASA1,5,2
1(c) No person may operate a low-speed vehicle on any highway except as
2authorized under this subsection or s. 349.26 (2).
SB321-ASA1,5,43
(d) No person may operate a low-speed vehicle at a speed in excess of 25 miles
4per hour.
SB321-ASA1,5,76
346.95
(11) Any person violating s. 346.94 (22) (c) or (d) may be required to
7forfeit not more than $200.
SB321-ASA1,5,10
9349.26 (title)
Authority to allow or prohibit the operation of
10neighborhood electric low-speed vehicles.
SB321-ASA1,5,1612
349.26
(1m) The governing body of any municipality or county may by
13ordinance prohibit the operation of low-speed vehicles on any highway that is under
14the jurisdiction, for maintenance purposes, of the municipality or county. A county
15ordinance enacted under this subsection does not apply within any municipality that
16has enacted or enacts an ordinance under sub. (2).
SB321-ASA1,5,2318
349.26
(2) Subject to sub. (3), the
The governing body of any
city, town, or
19village municipality may by ordinance allow the use of a
neighborhood electric 20low-speed vehicle on a roadway that has a speed limit of 35 miles per hour or less
21and
over which the city, town, or village that is located within the territorial
22boundaries of the municipality, regardless of whether the municipality has
23jurisdiction
over the roadway.
SB321-ASA1,6,2
1(1) This act first applies to vehicles operated on the effective date of this
2subsection.
SB321-ASA1,6,54
(1) This act takes effect on the first day of the 5th month beginning after
5publication.
