AB150-SA117,72,226
346.70
(1) Immediate notice of accident. The operator of a vehicle involved in
7an accident resulting in injury to or death of any person, any damage to state or other
8government-owned property, except a state or other government-owned vehicle, to
9an apparent extent of $200 or more or total damage to property owned by any one
10person or to a state or other government-owned vehicle to an apparent extent of
$500 11$1,000 or more shall immediately by the quickest means of communication give
12notice of such accident to the police department, the sheriff's department or the
13traffic department of the county or municipality in which the accident occurred or
14to a state traffic patrol officer. In this subsection, "injury" means injury to a person
15of a physical nature resulting in death or the need of first aid or attention by a
16physician or surgeon, whether or not first aid or medical or surgical treatment was
17actually received; "total damage to property owned by one person" means the sum
18total cost of putting the property damaged in the condition it was before the accident,
19if repair thereof is practical, and if not practical, the sum total cost of replacing such
20property. For purposes of this subsection if any property which is damaged is held
21in a form of joint or multiple ownership, the property shall be considered to be owned
22by one person.".
AB150-SA117,73,2
1"
Section 6416vib. 348.15 (3) (bg), (br), (bv) and (e) of the statutes are amended
2to read:
AB150-SA117,73,123
348.15
(3) (bg) In the case of a vehicle or combination of vehicles transporting
4exclusively milk from the point of production to the primary market and the return
5of dairy supplies and dairy products from such primary market to the farm, the gross
6weight imposed on the highway by the wheels of any one axle may not exceed 21,000
7pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more
8consecutive axles more than 9 feet apart, a weight of 2,000 pounds more than is
9shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply
10to the national system of interstate and defense highways
, except for that portion of
11USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51
12and the I 90/94 interchange near Portage upon their federal designation as I 39.
AB150-SA117,73,2213
(br) In the case of a vehicle or combination of vehicles transporting exclusively
14peeled or unpeeled forest products cut crosswise or in the case of a vehicle or
15combination of vehicles transporting exclusively scrap metal, the gross weight
16imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds
17or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive
18axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c),
19but not to exceed 80,000 pounds. This paragraph does not apply to the national
20system of interstate and defense highways
, except for that portion of USH 51
21between Wausau and STH 78 and that portion of STH 78 between USH 51 and the
22I 90/94 interchange near Portage upon their federal designation as I 39.
AB150-SA117,74,923
(bv) In the case of a vehicle or combination of vehicles used primarily for the
24transportation of septage, as defined in s. 144.08 (1) (a), the gross weight imposed on
25the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2
1axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles
2more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or,
3for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000
4pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles
5more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but
6not to exceed 80,000 pounds. This paragraph does not apply to the national system
7of interstate and defense highways
, except for that portion of USH 51 between
8Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94
9interchange near Portage upon their federal designation as I 39.
AB150-SA117,74,1810
(e) Notwithstanding pars. (a), (b) and (c), in the case of a vehicle or combination
11of vehicles transporting exclusively livestock, the gross weight imposed on the
12highway by the wheels of any one axle or axle group may exceed the applicable weight
13limitation specified in pars. (a), (b) and (c) by 15% if the gross weight of the vehicle
14or combination of vehicles does not exceed the maximum gross weight specified for
15that vehicle or combination of vehicles under par. (c). This paragraph does not apply
16to the national system of interstate and defense highways
, except for that portion of
17USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51
18and the I 90/94 interchange near Portage upon their federal designation as I 39.
AB150-SA117,75,15
20348.175 Seasonal operation of vehicles hauling peeled or unpeeled
21forest products cut crosswise or abrasives or salt for highway winter
22maintenance. The transportation of peeled or unpeeled forest products cut
23crosswise or of abrasives or salt for highway winter maintenance in excess of gross
24weight limitations under s. 348.15 shall be permitted during the winter months
25when the highways are so frozen that no damage may result thereto by reason of such
1transportation. If at any time any person is so transporting such products or
2abrasives or salt upon a class "A" highway in such frozen condition then that person
3may likewise use a class "B" highway without other limitation, except that chains
4and other traction devices are prohibited on class "A" highways but such chains and
5devices may be used in cases of necessity. The officers or agencies in charge of
6maintenance of highways, upon determination of such frozen condition and freedom
7of damage to such highways by transportation shall declare particular highways, or
8highways within areas of the state as eligible for increased weight limitations. Such
9declaration shall include the maximum weight on each axle, combination of axles
10and the gross weight allowed. Any person transporting any such product over any
11highway of this state under this section is liable to the maintaining authority for any
12damage caused to such highway. This section does not apply to the national system
13of interstate and defense highways
, except for that portion of USH 51 between
14Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94
15interchange near Portage upon their federal designation as I 39.
AB150-SA117,76,217
348.19
(2) (b) If upon weighing a vehicle transporting livestock a traffic officer
18determines that the gross weight of the vehicle exceeds the limitations imposed by
19s. 348.15 or 348.16 or a limitation posted as provided in s. 348.17 (1), and if the point
20of apprehension is 15 miles or less from the destination of the vehicle, the traffic
21officer shall permit the operator of the vehicle to proceed to such destination without
22requiring the vehicle to be reloaded or unloaded as provided in par. (a). This
23paragraph does not apply to vehicles transporting livestock on the national system
24of interstate and defense highways
, except for that portion of USH 51 between
1Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94
2interchange near Portage upon their federal designation as I 39.
AB150-SA117,76,7
3(4) Subsection (1) (b) shall not apply to vehicles transporting peeled or
4unpeeled forest products on the national, interstate or defense highway systems
,
5except for that portion of USH 51 between Wausau and STH 78 and that portion of
6STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal
7designation as I 39.
AB150-SA117,76,219
348.27
(4) Industrial interplant permits. The department may issue, to
10industries and to their agent motor carriers owning and operating oversize vehicles
11in connection with interplant, and from plant to state line, operations in this state,
12annual or consecutive month permits for the operation of such vehicles over
13designated routes, provided that such permit shall not be issued under this section
14to agent motor carriers or
, except for that portion of USH 51 between Wausau and
15STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near
16Portage upon their federal designation as I 39, from plant to state line for vehicles
17or loads of width exceeding 102 inches upon routes of the national system of
18interstate and defense highways. If the routes desired to be used by the applicant
19involve city or village streets or county or town highways, the application shall be
20accompanied by a written statement of route approval by the officer in charge of
21maintenance of the highway in question.
AB150-SA117,77,7
22(9m) Transportation of raw forest and agricultural products. The
23department may issue annual or consecutive month permits for the transportation
24of raw forest products or for the transportation of fruits or vegetables from field to
25storage or processing facilities in vehicles or vehicle combinations that exceed the
1maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000
2pounds. A permit issued under this subsection does not authorize the operation of
3any vehicle or vehicle combination at a maximum gross weight in excess of 90,000
4pounds. This subsection does not apply to highways designated as part of the
5national system of interstate and defense highways
, except for that portion of USH
651 between Wausau and STH 78 and that portion of STH 78 between USH 51 and
7the I 90/94 interchange near Portage upon their federal designation as I 39.
AB150-SA117,77,16
8(9r) Transportation of scrap. The department may issue an annual or
9consecutive month permit for the transportation of metallic or nonmetallic scrap for
10the purpose of recycling or processing on a vehicle or combination of vehicles which
11exceeds statutory weight or length limitations and for the return of the vehicle or
12combination of vehicles when empty. This subsection does not apply to the
13transportation of scrap on highways designated as part of the national system of
14interstate and defense highways
, except for that portion of USH 51 between Wausau
15and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange
16near Portage upon their federal designation as I 39.
AB150-SA117,77,2319
349.16
(1) (intro.) The officer in charge of maintenance in case of highways
20maintained by a town, city or village, the county highway commissioner or county
21highway committee in the case of highways maintained by the county and the
22department in the case of highways maintained by the state may
do any of the
23following:
AB150-SA117,78,224
(a) Impose special weight limitations on any such highway or portion thereof
25which, because of weakness of the roadbed due to deterioration or climatic conditions
1or other special or temporary condition, would likely be seriously damaged or
2destroyed in the absence of such special limitations
;
.
AB150-SA117,78,53
(b) Impose special weight limitations on bridges or culverts when in its
4judgment such bridge or culvert cannot safely sustain the maximum weights
5permitted by statute
;.
AB150-SA117,78,107
349.16
(1) (d) Impose special weight limitations on any such highway or portion
8thereof used as a detour for a state trunk highway under s. 84.02 (10) (b) when such
9limitations are considered necessary to protect the public safety. This paragraph
10does not apply to highways maintained by the state.".
AB150-SA117,78,13
13"
Section 7245mmb. 967.055 (2) (a) of the statutes is amended to read:
AB150-SA117,79,614
967.055
(2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
15or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
16therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
17use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
18to the court. The application shall state the reasons for the proposed amendment or
19dismissal. The court may approve the application only if the court finds that the
20proposed amendment or dismissal is consistent with the public's interest in deterring
21the operation of motor vehicles by persons who are under the influence of an
22intoxicant, a controlled substance or both, under the influence of any other drug to
23a degree which renders him or her incapable of safely driving, or under the combined
24influence of an intoxicant and any other drug to a degree which renders him or her
1incapable of safely driving, or in deterring the operation of commercial motor
2vehicles by persons with an alcohol concentration of 0.04 or more.
The court may not
3approve an application to amend the vehicle classification from a commercial motor
4vehicle to a noncommercial motor vehicle unless there is evidence in the record that
5the motor vehicle being operated by the defendant at the time of his or her arrest was
6not a commercial motor vehicle.".
AB150-SA117,79,8
8"
Section 9146.
Nonstatutory provisions; public service commission.
AB150-SA117,79,14
9(1b) Fencing, farm crossing and cattle guard costs. The commissioner of
10railroads and the chairperson of the public service commission shall jointly develop
11a plan for phasing in state reimbursement of 100% of the costs incurred by railroads
12for fencing, farm crossings and cattleguards, and shall submit a report containing
13their findings, conclusions and recommendations, including recommended statutory
14changes, to the joint committee on finance by January 1, 1996.".
AB150-SA117,79,17
17"
(1mtb)
Cost-efficiency standards.
AB150-SA117,79,23
18(a) In promulgating rules under section 85.20 (7) (b) of the statutes, as created
19by this act, the department of transportation shall establish a transit committee to
20assist the department in developing the cost-efficiency standards for the purposes
21of section 85.20 (7) (a) of the statutes, as created by this act. The membership of the
22transit committee shall include the chairpersons of all of the following standing
23committees of the legislature:
AB150-SA117,79,24
241. The highways and transportation committee of the assembly.
AB150-SA117,80,1
12. The transportation, agriculture and local affairs of committee of the senate.
AB150-SA117,80,2
23. The environment and energy committee of the senate.
AB150-SA117,80,3
34. `The natural resources committee of the assembly.
AB150-SA117,80,4
4(b) This subsection does not apply after December 31, 1996.
AB150-SA117,80,8
5(1tb) East-West Freeway. The department of transportation may not conduct
6any construction activities relating to highway resurfacing or bridge repair on the
7East-West Freeway from downtown Milwaukee to Waukesha until calendar year
81997.
AB150-SA117,80,16
9(2tb) Entitlement to supplements for unbudgeted compensation
10adjustments. Notwithstanding section 20.928 of the statutes, the department of
11transportation is not entitled to any supplements for unbudgeted compensation
12adjustments under section 20.928 of the statutes for the 1995-97 fiscal biennium for
13any position funded from the appropriations under section 20.395 (2) (eq) or (3) (bq),
14(cq) or (eq) of the statutes, as affected by this act, except for any supplement that
15exceeds an adjustment increase for that position of 3%, as determined by the
16secretary of administration.
AB150-SA117,80,25
17(4) Efficiency measures. By September 1, 1995, the department of
18transportation shall submit recommendations to the joint committee on finance if
19the department wishes to reallocate reductions resulting from budgetary efficiency
20measures and position vacancy reductions among the segregated fund revenue
21appropriations of the department of transportation for state operations. If the
22department submits recommendations under this subsection, the recommendations
23shall be implemented if the committee approves the recommendations, or does not
24schedule a meeting for the purpose of reviewing the recommendations within 14
25working days after their receipt.
AB150-SA117,81,4
1(5) Agency request. Notwithstanding section 16.42 (1) (e) of the statutes, in
2submitting information under section 16.42 of the statutes, as affected by this act,
3for purposes of the 1997-99 biennial budget bill, the department of transportation
4shall submit information as follows:
AB150-SA117,81,10
5(a) A dollar amount for each fiscal year of the 1997-99 fiscal biennium for the
6appropriation account under section 20.395 (5) (cq) of the statutes, as affected by this
7act, that is $430,600 less than the total amount appropriated under section 20.395
8(5) (cq) of the statutes for the 1996-97 fiscal year, before submitting any information
9relating to any increase or decrease in the dollar amount for that appropriation for
10the 1997-99 fiscal biennium.
AB150-SA117,81,17
11(b) A number for the authorized FTE positions for the department of
12transportation, to be funded from the appropriation under section 20.395 (5) (cq) of
13the statutes, as affected by this act, that is 24.2 SEG positions less than the number
14of authorized FTE positions funded from that appropriation for the 1996-97 fiscal
15year, before submitting any information relating to any increase or decrease in FTE
16position authorizations to be funded from that appropriation for the 1997-99 fiscal
17biennium.
AB150-SA117,81,25
18(6) Elderly and disabled transportation expenditures study. The
19department of transportation shall conduct a study to determine the total amount
20and sources of all funds expended in this state on transportation services for the
21elderly and disabled. On or before July 1, 1996, the department of transportation
22shall report the results of its study to the governor, and to the chief clerk of each house
23of the legislature for distribution in the manner provided under section 13.172 (2) of
24the statutes. All other state agencies shall cooperate with the department of
25transportation in conducting the study.
AB150-SA117,82,7
1(7) Repaving of I
43
. The department of transportation shall repave that
2portion of I 43 with a tined surface beginning before Henry Clay Street and extending
3beyond Bender and Devon streets in Milwaukee County, no later than 6 months after
4the effective date of this subsection, for the purpose of eliminating the tined surface.
5The department shall expend funds not to exceed $650,000 from the appropriation
6under section 20.395 (3) (cq) or (cx) of the statutes, as affected by this act, for the
7repaving project.
AB150-SA117,82,8
8(8) Urban rail transit systems.
AB150-SA117,82,14
9(a) The department of transportation shall prepare a report that identifies the
10amounts of moneys that the department of transportation intended to encumber in
11the 1995-97 fiscal biennium for the study of any urban rail transit system, including
12any light rail transit system, and the appropriations from which the moneys were to
13be encumbered, and shall submit the report to the cochairpersons of the joint
14committee on finance by August 30, 1995.
AB150-SA117,82,21
15(b) Upon receiving the report under paragraph (a), the joint committee on
16finance may transfer all or part of the moneys from the appropriation accounts
17identified in the report to any of the appropriation accounts under section 20.395 (1)
18(bq) or (bu) of the statutes, as affected by this act. Upon transfer of any moneys to
19the appropriation account under s. 20.395 (1) (bq) or (bu) of the statutes, the amounts
20in the schedule are increased by the amount transferred for the fiscal year in which
21the transfer is made.
AB150-SA117,83,3
22(9) Unfair sales act study. The department of transportation and the
23department of agriculture, trade and consumer protection shall jointly develop a
24plan for strengthening the enforcement of this state's unfair sales act, particularly
25as it relates to the sale of motor vehicle fuel and other petroleum products, and shall
1submit a report containing their findings, conclusions and recommendations,
2including recommended statutory changes, to the joint committee on finance by
3September 30, 1995.".
AB150-SA117,83,9
5"
(2mtb)
Statewide public safety radio management program. There is
6transferred from the appropriation account to the department of natural resources
7under section 20.370 (9) (mr) of the statutes, as affected by the acts of 1995, to the
8appropriation account to the department of transportation under section 20.395 (5)
9(dk) of the statutes, as affected by the acts of 1995, $47,500 in fiscal year 1996-97.".
AB150-SA117,83,13
13(2mtb)
Statewide public safety radio management program.
AB150-SA117,83,18
14(a) There is transferred from the appropriation account to the department of
15transportation under section 20.395 (5) (dq) of the statutes, as affected by the acts
16of 1995, to the appropriation account to the department of transportation under
17section 20.395 (5) (dk) of the statutes, as affected by the acts of 1995, $32,400 in fiscal
18year 1996-97.
AB150-SA117,83,23
19(b) There is transferred from the appropriation account to the department of
20transportation under section 20.395 (3) (cq) of the statutes, as affected by the acts of
211995, to the appropriation account to the department of transportation under section
2220.395 (5) (dk) of the statutes, as affected by the acts of 1995, $15,100 in fiscal year
231996-97.
AB150-SA117,84,4
1(2mu) Hazardous materials transportation fees. Notwithstanding section
220.001 (3) (b) of the statutes, the unencumbered balance in the appropriation account
3under section 20.395 (4) (bh) of the statutes, as affected by this act, immediately
4before the effective date of this subsection shall lapse to the transportation fund.".
AB150-SA117,84,10
7"
(11mtb)
Motor vehicle fuel exemptions. The treatment of sections 78.005
8(13g), 78.01 (2) (e) and (2m) (f), 78.40 (1) and 78.75 (1m) (a) 2. and 3. of the statutes
9first applies to fuel purchased on the first day of the first month beginning after
10publication.
AB150-SA117,84,12
11(11mut)
Gross farm profits certification. The treatment of section 73.03
12(29m) of the statutes first applies to taxable years beginning on January 1, 1996.".
AB150-SA117,84,18
16(1b) Traffic accidents and property damage. The treatment of sections
17344.12, 344.14 (2) (e) and 346.70 (1) of the statutes first applies to accidents occurring
18on the effective date of this subsection.
AB150-SA117,85,3
19(2b) Commercial driver licenses. The treatment of sections 343.10 (2) (a) 1.,
20343.245 (4) (b), 343.28 (1) and (2), 343.315 (2) (f) (intro.), (fm), (h) and (i) and 343.44
21(4r) of the statutes first applies to offenses and refusals committed on the effective
22date of this subsection, but does not preclude the counting of other convictions,
23suspensions, revocations, disqualifications or refusals as prior convictions,
24suspensions, revocations, disqualifications or refusals for purposes of sentencing a
1person, suspending or revoking a person's operating privilege, disqualifying a person
2from operating a commercial motor vehicle or determining eligibility for an
3occupational license or authorization to operate certain vehicles.
AB150-SA117,85,7
4(3b) Mass transit operating assistance. The treatment of sections 20.395 (1)
5(bq) and (bu) and 85.20 (4m) (a), (am), (e) and (em) 1. and (4s) of the statutes and the
6creation of sections 20.395 (1) (bs) and 85.20 (4m) (a) 1. to 3. of the statutes first apply
7to urban mass transit operating assistance payments for calendar year 1996.".
AB150-SA117,85,16
14"
(1jb) Employment transit assistance program. The treatment of sections
1520.395 (1) (by), 25.40 (2) (b) 15g. and 85.26 of the statutes and the renumbering and
16amendment of section 20.395 (1) (bw) of the statutes take effect on July 1, 1996.
AB150-SA117,85,19
17(1mtb) Traffic accidents and property damage. The treatment of sections
18344.12, 344.14 (2) (e) and 346.70 (1) of the statutes and
Section 9355 (1b) of this act
19take effect on January 1, 1996.
AB150-SA117,85,21
20(1tb) Special group license plate fees. The treatment of section 341.14 (6r)
21(b) 2., 3. and 4. of the statutes takes effect on January 1, 1996.
AB150-SA117,85,23
22(2ctb) Exemption reports. The treatment of section 70.337 (7) of the statutes
23takes effect on March 31, 1996.
AB150-SA117,86,3
1(2gtb) International fuel tax agreement; permits. The treatment of sections
220.395 (5) (cq), 25.40 (1) (a) 12., 168.12 (5m), 341.43 and 341.45 (title), (1g) (a) and
3(b), (2), (3), (4m) and (5) of the statutes takes effect on October 1, 1995.
AB150-SA117,86,4
4(2mtb) Aircraft registration.
AB150-SA117,86,6
5(a) The treatment of sections 114.002 (4), (11) and (13) and 114.20 (2) (c), (5),
6(7) and (13) (b) 1., 2., 3. and 5. of the statutes takes effect on November 1, 1995.
AB150-SA117,86,10
7(b) The treatment of section 114.20 (1) (title), (a) and (b), (2) (intro.), (9) (a) to
8(c) and (d), (9m) (intro.), (12) and (15) (b) of the statutes and the repeal and recreation
9of section 114.20 (5) and (13) (b) 1. and 2. of the statutes take effect on November 1,
101996.
AB150-SA117,86,12
11(2tb) Motor vehicle fuel tax. The treatment of sections 78.12 (2) (intro.) and
12(5) (a) and 78.49 (1) (a) and (b) of the statutes takes effect on August 1, 1995.
AB150-SA117,86,16
13(3gtb)
Mass transit operating assistance. The treatment of sections 20.395 (1)
14(bq) and (bu) and 85.20 (4m) (a), (am), (e) and (em) 1. and (4s) of the statutes and the
15creation of sections 20.395 (1) (bs) and 85.20 (4m) (a) 1. to 3. of the statutes take effect
16on January 1, 1996.
AB150-SA117,86,19
17(3mtb)
Farm truck registration. The treatment of sections 341.08 (2) (am)
18and (cm), (4) and (8), 341.26 (3) (a) 1. and 341.297 (2) of the statutes and the creation
19of section 341.297 (2) (b) of the statutes take effect on January 1, 1997.
AB150-SA117,86,22
20(3tb) Oil company franchise fee. The treatment of sections 25.40 (1) (a) 3.,
2173.01 (4) (a) and 84.59 (2) and chapter 140 of the statutes takes effect on October 1,
221995.".
AB150-SA117,87,4
369. Page 2740, line 23: on lines 23 and 24, delete "sections 215.02 (title),
4218.01 (3x) (b) 2. and 218.01 (3x) (b) 3." and substitute "section 215.02 (title)".