2013 Wisconsin Act 377

(c) 1. Notwithstanding sub. (3) (b), (c), and (g), there is no weight limitation per wheel, axle, or group of axles for an implement of husbandry that is an empty potato harvester if, subject to subd. 2., the potato harvester is accompanied by one or more escort vehicles operating with hazard lights activated, except that such a potato harvester is subject to any weight limitation posted as provided in s. 348.17 (1). Except as provided in par. (e), a potato harvester is subject to the maximum gross weight limitation for implements of husbandry specified in par. (b).

2. A potato harvester is not required to be accompanied by any escort vehicle under subd. 1. if the potato harvester is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.

(d) The increased weight allowance for implements of husbandry and agricultural commercial motor vehicles under sub. (3) (b) and (g) does not apply on any highway that is a part of the national system of interstate and defense highways.

(e) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry or agricultural commercial motor vehicle while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry or agricultural commercial motor vehicle if the implement of husbandry or agricultural commercial motor vehicle is being operated or transported under either of the following circumstances:

a. Directly from a farmer's owned or leased land to the business location of an implement dealer that is within a 75-mile radius of the farmer's owned or leased land.

b. Directly from the business location of an implement dealer to a farmer's owned or leased land that is within a 75-mile radius of the implement dealer's business location.

2. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry described in s. 340.01 (24) (a) 1. b. that is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.

3. Subdivisions 1. and 2. do not apply on any highway that is a part of the national system of interstate and defense highways or that is posted with a weight limitation as provided in s. 348.17 (1).

(f) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), and except as provided in subd. 3. and par. (e), there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation other than that specified in par. (b), for an implement of husbandry described in s. 340.01 (24) (a) 1. b. being operated on a highway that is not designated under subd. 2. a.

2. a. The governing body of a municipality or county may, by resolution or ordinance, designate highways under the municipality's or county's jurisdiction, for maintenance purposes, on which the statutory weight limits prescribed under this section, other than this paragraph, for implements of husbandry apply to implements of husbandry described in s. 340.01 (24) (a) 1. b. If a resolution or ordinance is adopted under this subd. 2. a., any weight limit resulting from the resolution or ordinance is considered to be a weight limit imposed by this chapter and any violation is considered to be a violation of the applicable weight limits prescribed under this section.

b. For a resolution or ordinance under this subdivision to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year. A resolution or ordinance adopted under this subdivision shall be valid for at least one calendar year.

c. Each municipality or county that designates highways under subd. 2. a. shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.

3. Subdivision 1. does not apply on any highway that is a state trunk highway or that is posted with a weight limitation as provided in s. 348.17 (1).

(g) This subsection does not apply after January 1, 2020, and any resolution or ordinance adopted under par. (f) 2. a. on or before January 1, 2020, is void after January 1, 2020.

377,49 Section 49. 348.16 (2) of the statutes is amended to read:

348.16 (2) Except as provided in sub. (3) and s. 348.175 and subject to any modifications made by a city of the first class pursuant to s. 349.15 (3), no person, without a permit therefor, shall operate on a class "B" highway any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on the highway exceeding 60 percent of the weights authorized in s. 348.15 (3). This subsection does not apply, from the effective date of this subsection .... [ LRB inserts date], to January 1, 2020, to a potato harvester or an implement of husbandry or agricultural commercial motor vehicle being operated or transported as described in s. 348.15 (9) (e) or (f) 1.

377,50 Section 50. 348.17 (5) of the statutes is renumbered 348.17 (5) (a) and amended to read:

348.17 (5) (a) From September 1 to December 31 of each year, no permit shall be required for the transportation of corn, soybeans, potatoes, vegetables, or cranberries from the field to storage on the grower's owned or leased land, from the field to initial storage at a location not owned or leased by the grower, or from the field to initial processing in a vehicle or combination of vehicles having a registered gross weight of 50,000 pounds or more or described in s. 340.01 (24) (b) that exceeds the weight limitations under s. 348.15 by not more than 15 percent. and that satisfies all of the following:

(b) This subsection does not apply to the national system of interstate and defense highways, except for that portion of I 39 between USH 51 and I 90/94.

377,51 Section 51. 348.17 (5) (a) 1. and 2. of the statutes are created to read:

348.17 (5) (a) 1. Has a registered gross weight of 50,000 pounds or more.

2. Is a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.

377,52 Section 52. 348.17 (6) (a) 2. of the statutes is amended to read:

348.17 (6) (a) 2. Is described in s. 340.01 (24) (b) a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.

377,53m Section 53m. 348.17 (6) (a) 3. of the statutes is amended to read:

348.17 (6) (a) 3. Is an implement of husbandry as defined in s. 340.01 (24) (a). This subdivision does not apply from the effective date of this subdivision .... [LRB inserts date], to January 1, 2020.

377,54 Section 54. 348.21 (3) (intro.) of the statutes is amended to read:

348.21 (3) (intro.) Except as provided in sub. (3g), and subject to sub. (3t), any person violating s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17 (3), (5), or (6) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

377,55 Section 55. 348.21 (3t) of the statutes is created to read:

348.21 (3t) (a) In the case of a violation of s. 348.15 (3) (g), the penalty shall be computed on the basis of the weights stated in s. 348.15 (3) (c).

(b) In the case of a violation of s. 348.15 (3) (b) involving an implement of husbandry or agricultural commercial motor vehicle, the penalty shall be computed on the basis of a permissible weight of 20,000 pounds.

(c) This subsection does not apply to violations committed after January 1, 2020.

377,56 Section 56. 348.25 (4) (intro.) of the statutes is amended to read:

348.25 (4) (intro.) Except as provided under s. 348.26 (4), (6), or (7) or 348.27 (3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16), or (18), or (19), permits shall be issued only for the transporting of a single article or vehicle which exceeds statutory size, weight or load limitations and which cannot reasonably be divided or reduced to comply with statutory size, weight or load limitations, except that:

377,57 Section 57. 348.25 (8) (b) (intro.) of the statutes is amended to read:

348.25 (8) (b) (intro.) Unless Except as provided in s. 348.27 (19) (c) 5., unless a different fee is specifically provided, the department shall charge the following fees for the first permit and each subsequent or revalidated annual or multiple trip permit issued under s. 348.27 except that no fee may be charged for the amendment of a permit under s. 348.27 (3m):

377,58 Section 58. 348.25 (8) (e) of the statutes is amended to read:

348.25 (8) (e) The Except as provided in s. 348.27 (19) (c) 5., the officer or agency authorized to issue a permit under s. 348.26 or 348.27 may require any applicant for a permit under s. 348.26 or 348.27 to pay the cost of any special investigation undertaken to determine whether a permit should be approved or denied.

377,59 Section 59. 348.25 (8) (f) of the statutes is amended to read:

348.25 (8) (f) Any local officer or agency authorized to issue a permit under s. 348.26 or 348.27 may charge a permit issuance fee for each permit issued under s. 348.26 and for the first and each subsequent or revalidated permit issued under s. 348.27. This paragraph does not apply to the amendment of a permit under s. 348.27 (3m) or to a permit issued under s. 348.27 (19).

377,60 Section 60. 348.27 (14) of the statutes is repealed.

377,61 Section 61. 348.27 (19) of the statutes is created to read:

348.27 (19) No-fee permits for implements of husbandry and agricultural commercial motor vehicles that exceed length or weight limitations. (a) In this subsection, "maintaining authority" means the following:

1. The department or its designee, with respect to state trunk highways.

2. The municipality or county responsible for maintenance of the highway or its designee, with respect to any highway that is not a state trunk highway, including any connecting highway.

(b) 1. Subject to subds. 3. and 5. b. and par. (c), a person may apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter. Upon receiving an application for a no-fee permit under this subsection, the maintaining authority shall provide the applicant with a final decision on the application within 3 weeks of its receipt. If the maintaining authority fails to approve or deny the application within this 3-week period, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. or until 6 weeks from receipt of the application. If the maintaining authority fails to approve or deny the application within 6 weeks of its receipt, the application is approved.

2. Subject to subd. 3. and par. (c), any person to whom a no-fee permit has been issued under this subsection may, at any time, apply for an amendment to the permit to reflect a change in the applicant's circumstances or information, including a change in the listing or map of highways to be traveled. Upon receiving an application for amendment under this subdivision, the maintaining authority shall provide the applicant with a decision on the application within 5 business days of its receipt. If the maintaining authority fails to approve or deny the application within this period of 5 business days, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. or until 10 business days from receipt of the application. If the maintaining authority fails to approve or deny the application within 10 business days of its receipt, the application is approved. This subdivision does not apply if the permit is a resolution or ordinance adopted under subd. 5.

3. Except as provided in subd. 5. b., an application under subd. 1. or 2. shall be made on the form prescribed by the department under par. (d) 1.

4. If a maintaining authority denies a permit application under subd. 1. or 2., it shall notify the applicant in writing of the denial and the notice shall include a reasonable and structurally based explanation of the denial that relates to the preservation of the roadway.

4m. a. If a maintaining authority receives a permit application with respect to an implement of husbandry described in s. 340.01 (24) (a) 1. b. and the only basis to deny the application is the listing or map of highways under par. (c) 3. accompanying the application, the maintaining authority shall modify the application to include an approved alternate route or map of highways for operation of the implement of husbandry and approve the application.

b. The approved alternate route or map of highways under subd. 4m. a. may include highways that are not under the jurisdiction of the maintaining authority issuing the permit only upon prior approval of the maintaining authority having jurisdiction over those highways.

5. a. The governing body of a municipality or county may, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of implements of husbandry and agricultural commercial motor vehicles that exceed limitations on length or weight, or both, imposed by this chapter. If the governing body of a municipality or county adopts a resolution or ordinance under this subd. 5. a., the resolution or ordinance shall be valid for at least one calendar year. For a resolution or ordinance under this subd. 5. a. to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year.

b. If the governing body of a municipality or county adopts a resolution or ordinance under subd. 5. a., then subd. 3. and par. (c) 3. do not apply, no permit application is required, and the resolution or ordinance shall serve as the permit under this subsection. The governing body of the municipality or county shall make copies of the resolution or ordinance readily available to the public at multiple locations within the municipality or county.

c. If the governing body of a municipality or county adopts a resolution or ordinance under subd. 5. a. that applies to fewer than all of the highways under the municipality's or county's jurisdiction or that authorizes operation of implements of husbandry and agricultural commercial motor vehicles but imposes conditions, restrictions, or limitations on this operation, then a person may apply for a permit under subd. 1. for operation of an implement of husbandry or agricultural commercial motor vehicle on any highway or under any circumstance not authorized by the resolution or ordinance.

d. Each municipality or county that adopts a resolution or ordinance under this subdivision shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.

(c) 1. With respect to any highway under its jurisdiction, and as provided in par. (b) 4m. b., a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter if the applicable requirements of this subsection are satisfied.

2. A no-fee permit issued under this subsection does not exempt any implement of husbandry or agricultural commercial motor vehicle from complying with all equipment and other requirements for an implement of husbandry or agricultural commercial motor vehicle specified in ch. 347.

3. Except as provided in par. (b) 5. b., an application for a no-fee permit under this subsection shall be accompanied by a listing or map of the highways that may potentially be traveled under authorization of the permit.

4. A no-fee permit issued under this subsection is not valid on any highway that is a part of the national system of interstate and defense highways.

5. No fee may be charged for issuance or amendment of a permit under this subsection, or for any study, investigation, or other review in connection with an application for a permit or amendment of a permit under this subsection.

6. A maintaining authority under par. (a) 2. may issue permits under this subsection having a valid period that is longer than one year or for which there is no expiration.

7. Permits issued under this subsection by a maintaining authority under par. (a) 1., including amended permits for which an application has been approved under par. (b) 2., shall automatically renew each year unless there is a material change to any roadway for which the permit applies.

(d) 1. The department shall prescribe an application form for no-fee permits, and amendments to no-fee permits, under this subsection. Except with respect to permits under par. (b) 5. b., this form shall be used by each maintaining authority. The application form shall require the applicant to provide, on the form or as an attachment, all of the following information:

a. The applicant's contact information.

b. A listing or map of the highways that may potentially be traveled under authorization of the permit.

c. Identification of the types of implements of husbandry or agricultural commercial motor vehicles for which the application is made; the length, number of axles, make, model, and estimated weight of the implements of husbandry or agricultural commercial motor vehicles; and the time of year and frequency that these implements of husbandry or agricultural commercial motor vehicles are expected to be operated on the highway.

d. Changes to the original application when requesting an amendment to a previously issued no-fee permit.

e. Any other information considered necessary by the department to determine the acceptability of the application.

2. The department shall prescribe a procedure for the submission of applications to the maintaining authority under par. (b) 1. and 2. The procedure shall allow an application to be submitted by mail, including certified mail, by electronic transmission, or in person, and shall include a method for accurately documenting the date of receipt of the application regardless of which delivery method is used.

3. a. Except as provided in subd. 3. b., c., and d., a maintaining authority shall keep confidential all information provided by an applicant for a permit under this subsection and this information is not open to public inspection, copying, or disclosure under s. 19.35.

b. A maintaining authority described in par. (a) 2. shall disclose to the department, upon its request, information provided by an applicant for a permit under this subsection, but the department shall keep the information confidential, and this information is not open to public inspection, copying, or disclosure under s. 19.35.

c. A maintaining authority shall, upon request, disclose to a law enforcement agency, for use only for law enforcement purposes, information provided by an applicant for a permit under this subsection.

d. This subdivision does not prohibit a maintaining authority from disclosing on a permit under this subsection the information necessary to carry out the purpose of the permit.

(e) 1. In this paragraph, "adverse determination" means the denial of an application for issuance or amendment of a no-fee permit under this subsection.

2. Notwithstanding s. 348.25 (9), any person aggrieved by an adverse determination by a municipality or county may obtain review of the adverse determination in the manner provided in ch. 68 or as provided under an ordinance or resolution adopted under s. 68.16. However, review of the initial determination of the municipality or county, under s. 68.09 or 68.10 or under the equivalent provision of an ordinance or resolution adopted by a municipality under s. 68.16, shall be made by, respectively, the governing body of the municipality or the county highway committee of the county.

3. Any person aggrieved by an adverse determination by the department may petition as provided in s. 348.25 (9).

(f) 1. Except as provided in subd. 2., this subsection does not apply after January 1, 2020, and any permit issued under this subsection or resolution or ordinance adopted under par. (b) 5. a. on or before January 1, 2020, is void after January 1, 2020.

2. The confidentiality requirements under par. (d) 3. continue to apply after January 1, 2020, to all application information provided on or before January 1, 2020.

377,61m Section 61m. 348.28 (1) of the statutes is renumbered 348.28 (1) (a) and amended to read:

348.28 (1) (a) Permits issued under ss. 348.25, 348.26 and 348.27, other than a permit described in s. 348.27 (19) (b) 5. b., shall be carried on the vehicle during operations so permitted. This paragraph does not apply after January 1, 2020, with respect to a permit issued under s. 348.27 (19).

377,61p Section 61p. 348.28 (1) (b) of the statutes is created to read:

348.28 (1) (b) Permits issued under s. 348.27 (19) that are required to be carried on the vehicle under par. (a) may be carried and produced in either printed or electronic format, including by display of electronic images on a cellular telephone or other electronic device. If the permit is displayed in electronic format on any cellular telephone or other electronic device, a traffic officer or inspector under s. 110.07 (3) may not view, and producing the permit in electronic format is not considered consent for the traffic officer or inspector to view, any content on the telephone or other device except the permit. This paragraph does not apply after January 1, 2020.

377,62 Section 62 . Nonstatutory provisions.

(1) No later than the 30th day after the effective date of this subsection, the department of transportation shall prescribe the form and procedures specified in section 348.27 (19) (d) of the statutes, as created by this act. For purposes of this subsection, the form and procedures shall not be considered a rule under section 227.01 (13) of the statutes.

(2) Notwithstanding section 348.27 (19) (b) 3. and (d) 1. of the statutes, as created by this act, applications under section 348.27 (19) (b) 1. and 2. of the statutes, as created by this act, are not required to be made on the form prescribed under section 348.27 (19) (d) 1. of the statutes, as created by this act, until January 1, 2015.

(3) Notwithstanding section 13.096 (2) of the statutes, the department of transportation shall not prepare a report on this bill under section 13.096 (2) and (3) of the statutes because the department recently completed the Implements of Husbandry Study, with a Phase II report dated July 31, 2013, and a Phase II addendum report dated September 20, 2013, which contained the same or similar information that would be contained in a report on this bill under section 13.096 (2) and (3) of the statutes.

(4m) (a) Notwithstanding sections 348.15, 348.16, and 348.21 of the statutes, as affected by this act, but subject to paragraph (b), during the period beginning on the effective date of this paragraph and ending on January 14, 2015, no officer of the state traffic patrol under section 110.07 (1) of the statutes, and no inspector under section 110.07 (3) of the statutes, may issue a citation to a person for violating any provision of sections 348.15 and 348.16 of the statutes, as affected by this act, while operating an implement of husbandry described in section 340.01 (24) (a) 1. a. or b. of the statutes, as affected by this act. A state traffic patrol officer or inspector may issue a warning notice for any violation specified in this paragraph.

(am) Notwithstanding sections 348.05, 348.06, 348.07, and 348.08 of the statutes, as affected by this act, but subject to paragraph (b), during the period beginning on the effective date of this paragraph and ending on January 14, 2015, no officer of the state traffic patrol under section 110.07 (1) of the statutes, and no inspector under section 110.07 (3) of the statutes, may issue a citation to a person for violating any provision of sections 348.05, 348.06, 348.07, and 348.08 of the statutes, as affected by this act, while operating an implement of husbandry described in section 340.01 (24) (a) 1. a. or b. of the statutes, as affected by this act. A state traffic patrol officer or inspector may issue a warning notice for any violation specified in this paragraph.

(b) Paragraph (a) does not apply to an implement of husbandry described in section 340.01 (24) (a) 1. a. or b. of the statutes, as affected by this act, being operated on any highway that is a part of the national system of interstate and defense highways.