LRB-1805/1
TNF:skg:km
1995 - 1996 LEGISLATURE
January 13, 1995 - Introduced by Representatives Gard, Lehman, Kreibich,
Goetsch, Freese, Ryba, Zukowski, Ott, Musser, Ladwig, Silbaugh, Black,
Hanson
and Robson, cosponsored by Senators Drzewiecki and Darling.
Referred to Committee on Highways and Transportation.
AB11,1,4 1An Act to renumber and amend 84.02 (10) (b); to amend 84.20; and to create
284.02 (10) (b) 2. of the statutes; relating to: requiring the department of
3transportation to obtain permission of a local highway maintenance authority
4before routing a detour or hauling certain materials over a local highway.
Analysis by the Legislative Reference Bureau
Under current law, the department of transportation (DOT) may suspend
travel over part of the state trunk highway system when that part is impassable or
dangerous to travel or when necessary because of construction or maintenance work.
DOT may route a detour over any other public or temporary highway to
accommodate travel, but must repair the damage caused by use of that highway as
either a route for hauling construction or maintenance materials or as a detour.
This bill provides that DOT may not route a detour over a highway that is not
part of the state trunk highway system or use such a highway for hauling operations
that are likely to cause damage unless DOT first obtains permission from the
authority in charge of maintaining that highway and enters into a written repair and
maintenance agreement with that authority. These requirements do not apply in
cases of emergency.
For further information see the state 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:
AB11, s. 1 5Section 1. 84.02 (10) (b) of the statutes is renumbered 84.02 (10) (b) 1. and
6amended to read:
AB11,2,12
184.02 (10) (b) 1. When any portion of the state trunk highway system is
2impassable or dangerous to travel or when it shall be deemed the department
3determines that it is
necessary because of construction or maintenance work or for
4other reasons to suspend all or part of the travel thereon on that portion, the
5department may route such travel over a detour around such that portion of the state
6trunk highway system. Such detour may be routed Except as otherwise provided in
7subd. 2., the department may route the detour
over any other public highway or
8temporary highway which may be improved or maintained as part of the cost of
9constructing or maintaining the state trunk highway system to the extent necessary,
10as determined by the department, because of such the additional travel. Such The
11routing of state trunk highway traffic over other public highways shall does not alter
12the existing status of such the other public highways.
AB11, s. 2 13Section 2. 84.02 (10) (b) 2. of the statutes is created to read:
AB11,2,1814 84.02 (10) (b) 2. Except in cases of emergency, the department may not route
15a detour over a highway that is not part of the state trunk highway system unless
16the department first obtains the permission of the authority in charge of the
17maintenance of that highway and enters into a written agreement with that
18authority for the repair and maintenance of that highway.
AB11, s. 3 19Section 3. 84.20 of the statutes is amended to read:
AB11,3,9 2084.20 State repair and maintenance of highways and streets. Damage
21to any county trunk or town highway or city or village street caused by reason of its
22use as a detour designated by the department or for hauling materials incident to the
23maintenance, repair or construction by the department of any state trunk highway
24or street over which a state trunk highway is routed, shall be repaired by the
25department. Such The highway or street shall also be maintained by the department

1during such use. Except in cases of emergency, the department may not route a
2detour over a county trunk or town highway or city or village street or use such a
3highway or street for hauling operations that are likely to damage the highway or
4street unless the department first obtains the permission of the authority in charge
5of its maintenance and enters into a written agreement with that authority for the
6repair and maintenance of that highway or street.
The cost of such repairs and
7maintenance shall be paid from funds appropriated and available to the department
8for the maintenance and improvement of state trunk highways and connecting
9highways under s. 20.395 (3).
AB11,3,1010 (End)
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