SECTION 175. 343.315 (3) (b) of the statutes is amended to read:
343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h) or (i), the department shall immediately cancel the person's license disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) or (i). Upon proper application by the person and payment of a duplicate license fee, the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.
SECTION 176. 343.32 (4) of the statutes is amended to read:
343.32 (4) In adopting rules for weighing traffic convictions by their seriousness under sub. (2), the secretary shall provide by rule for a reduction of up to 3 points if a person shows to the department satisfactory evidence of completion of a rider course approved by the secretary. This subsection applies only to demerit points relating to violations committed before completion of the rider course by a person while driving or operating a Type 1 motorcycle. No person is eligible for more than one point reduction of up to 3 points under this subsection.
SECTION 177. 343.325 (title) of the statutes is amended to read:
343.325 (title) Courts to report appeals; when appeal stays suspension or, revocation or disqualification.
SECTION 178. 343.325 (2) of the statutes is amended to read:
343.325 (2) Notwithstanding ss. 343.31, 343.315 and 343.32 and except as otherwise provided in sub. (4), the secretary shall not suspend or revoke a person's operating privilege or disqualify a person from operating a commercial motor vehicle on the basis of a conviction if the secretary receives from the court in which the conviction occurred a certificate stating that an appeal from the conviction has been taken. If the secretary receives such certificate after suspension or revocation of the operating privilege, the operating privilege shall be reinstated without requiring compliance with s. 343.38. If the secretary receives the certificate after suspension of the operating privilege or disqualification, the operating privilege or authorization to operate a commercial motor vehicle shall be reinstated automatically.
SECTION 179. 343.325 (3) of the statutes is amended to read:
343.325 (3) Whenever suspension or revocation of an operating privilege or a disqualification has been withheld as provided in sub. (2) and the department receives notice that the conviction in question has been affirmed on appeal or that the appeal has been dropped, the secretary shall suspend or revoke such operating privilege or disqualify the person from operating a commercial motor vehicle on the same basis as if the appeal had not been taken, but the period of suspension or, revocation or disqualification shall run from the date of suspension or, revocation or disqualification following the affirmance of the conviction or dropping of the appeal, less any time the operating privilege had been suspended or revoked or the authorization to operate a commercial motor vehicle had been disqualified prior to the receipt by the secretary of the certificate under sub. (2).
SECTION 180. 343.325 (3m) of the statutes is amended to read:
343.325 (3m) Whenever the suspension or revocation of an operating privilege or a disqualification has been rescinded or withheld because of administrative action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension or, revocation or disqualification, and that suspension or, revocation or disqualification is subsequently reimposed, the period of suspension or, revocation or disqualification so reimposed shall be reduced by the period of suspension or, revocation or disqualification previously served.
SECTION 181. 343.325 (4) of the statutes is amended to read:
343.325 (4) If a person whose suspension or, revocation or disqualification was stayed pursuant to sub. (2) is convicted of an offense for which revocation or disqualification is mandatory under s. 343.31 or 343.315, during the pendency of the appeal of the original conviction, the secretary shall forthwith revoke such person's operating privilege or disqualify the person from operating a commercial motor vehicle on account of the latter conviction, notwithstanding the appeal of either or both convictions.
SECTION 182. 343.325 (5) of the statutes is amended to read:
343.325 (5) This section shall not prevent suspension or revocation of an operating privilege or a disqualification if there are grounds for suspension or, revocation or disqualification other than the conviction in question.
SECTION 183. 343.325 (6) (a) of the statutes is amended to read:
343.325 (6) (a) If a court enters an order reopening, vacating or staying a conviction or a suspension or revocation of an operating privilege or a disqualification, the court shall promptly forward a copy of that order to the department.
SECTION 184. 343.44 (title) of the statutes is amended to read:
343.44 (title) Driving while disqualified, out of service or ordered out-of-service or after license revoked or suspended.
SECTION 185. 343.44 (1) of the statutes is amended to read:
343.44 (1) No person whose operating privilege has been duly revoked or suspended pursuant to the laws of this state shall operate a motor vehicle upon any highway in this state during such suspension or revocation or thereafter before filing proof of financial responsibility or before that person has obtained a new license in this state, including an occupational license, or the person's operating privilege has been reinstated under the laws of this state. No person may operate a commercial motor vehicle while ordered out-of-service as provided in s. 343.305 (7) (b) or (9) (am) under state or federal law. No person may operate a commercial motor vehicle after March 31, 1992, while disqualified as provided in s. 343.315.
SECTION 186. 343.44 (3) of the statutes is amended to read:
343.44 (3) Refusal to accept or failure to receive an order of revocation or, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation or, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation or, suspension or disqualification shall not be a defense to the charge of driving after revocation or, suspension or disqualification.
SECTION 187. 343.44 (4r) of the statutes is created to read:
343.44 (4r) In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law as provided in s. 343.315, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).
SECTION 188. 344.12 of the statutes is amended to read:
344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring revocation for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person in excess of $500 $1,000.
SECTION 189. 344.14 (2) (e) of the statutes is amended to read:
344.14 (2) (e) To the operator or owner of a vehicle involved in an accident wherein no injury was caused to the person of anyone other than such operator or owner and wherein damage to property of any one person other than such operator or owner did not exceed $500 $1,000.
SECTION 190. 346.70 (1) of the statutes is amended to read:
346.70 (1) IMMEDIATE NOTICE OF ACCIDENT. The operator of a vehicle involved in an accident resulting in injury to or death of any person, any damage to state or other government-owned property, except a state or other government-owned vehicle, to an apparent extent of $200 or more or total damage to property owned by any one person or to a state or other government-owned vehicle to an apparent extent of $500 $1,000 or more shall immediately by the quickest means of communication give notice of such accident to the police department, the sheriff's department or the traffic department of the county or municipality in which the accident occurred or to a state traffic patrol officer. In this subsection, "injury" means injury to a person of a physical nature resulting in death or the need of first aid or attention by a physician or surgeon, whether or not first aid or medical or surgical treatment was actually received; "total damage to property owned by one person" means the sum total cost of putting the property damaged in the condition it was before the accident, if repair thereof is practical, and if not practical, the sum total cost of replacing such property. For purposes of this subsection if any property which is damaged is held in a form of joint or multiple ownership, the property shall be considered to be owned by one person.
SECTION 191. 348.05 (2) (c), (k) and (L) of the statutes are amended to read:
348.05 (2) (c) Twelve feet for farm tractors, except that the total outside width of a farm tractor shall not exceed 9 feet when operated on any Wisconsin highway which, other than that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39, is a part of the national system of interstate and defense highways;
(k) Nine feet for loads of tie logs, tie slabs and veneer logs, provided that no part of the load shall extend more than 6 inches beyond the fender line on the left side of the vehicle or extend more than 10 inches beyond the fender line on the right side of the vehicle. The term "fender line" as used herein means as defined in s. 348.09. This paragraph shall not be applicable to transport on highways designated as parts of the national system of interstate and defense highways pursuant to s. 84.29, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39. The exemptions provided by this paragraph shall apply only to single and tandem axle trucks.
(L) Twelve feet for loads of hay in bales if the total outside width of the loads do not exceed the width of a single traffic lane of any highway over which the loads are carried. This paragraph does not apply to vehicles on highways designated as parts of the national system of interstate and defense highways under s. 84.29, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
SECTION 192. 348.15 (3) (bg), (br), (bv) and (e) of the statutes are amended to read:
348.15 (3) (bg) In the case of a vehicle or combination of vehicles transporting exclusively milk from the point of production to the primary market and the return of dairy supplies and dairy products from such primary market to the farm, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,000 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 2,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
(br) In the case of a vehicle or combination of vehicles transporting exclusively peeled or unpeeled forest products cut crosswise or in the case of a vehicle or combination of vehicles transporting exclusively scrap metal, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
(bv) In the case of a vehicle or combination of vehicles used primarily for the transportation of septage, as defined in s. 144.08 (1) (a), the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or, for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000 pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
(e) Notwithstanding pars. (a), (b) and (c), in the case of a vehicle or combination of vehicles transporting exclusively livestock, the gross weight imposed on the highway by the wheels of any one axle or axle group may exceed the applicable weight limitation specified in pars. (a), (b) and (c) by 15% if the gross weight of the vehicle or combination of vehicles does not exceed the maximum gross weight specified for that vehicle or combination of vehicles under par. (c). This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
SECTION 193. 348.175 of the statutes is amended to read:
348.175 Seasonal operation of vehicles hauling peeled or unpeeled forest products cut crosswise or abrasives or salt for highway winter maintenance. The transportation of peeled or unpeeled forest products cut crosswise or of abrasives or salt for highway winter maintenance in excess of gross weight limitations under s. 348.15 shall be permitted during the winter months when the highways are so frozen that no damage may result thereto by reason of such transportation. If at any time any person is so transporting such products or abrasives or salt upon a class "A" highway in such frozen condition then that person may likewise use a class "B" highway without other limitation, except that chains and other traction devices are prohibited on class "A" highways but such chains and devices may be used in cases of necessity. The officers or agencies in charge of maintenance of highways, upon determination of such frozen condition and freedom of damage to such highways by transportation shall declare particular highways, or highways within areas of the state as eligible for increased weight limitations. Such declaration shall include the maximum weight on each axle, combination of axles and the gross weight allowed. Any person transporting any such product over any highway of this state under this section is liable to the maintaining authority for any damage caused to such highway. This section does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
SECTION 194. 348.19 (2) (b) and (4) of the statutes are amended to read:
348.19 (2) (b) If upon weighing a vehicle transporting livestock a traffic officer determines that the gross weight of the vehicle exceeds the limitations imposed by s. 348.15 or 348.16 or a limitation posted as provided in s. 348.17 (1), and if the point of apprehension is 15 miles or less from the destination of the vehicle, the traffic officer shall permit the operator of the vehicle to proceed to such destination without requiring the vehicle to be reloaded or unloaded as provided in par. (a). This paragraph does not apply to vehicles transporting livestock on the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
(4) Subsection (1) (b) shall not apply to vehicles transporting peeled or unpeeled forest products on the national, interstate or defense highway systems, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
SECTION 195. 348.27 (4), (9m) and (9r) of the statutes are amended to read:
348.27 (4) INDUSTRIAL INTERPLANT PERMITS. The department may issue, to industries and to their agent motor carriers owning and operating oversize vehicles in connection with interplant, and from plant to state line, operations in this state, annual or consecutive month permits for the operation of such vehicles over designated routes, provided that such permit shall not be issued under this section to agent motor carriers or, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39, from plant to state line for vehicles or loads of width exceeding 102 inches upon routes of the national system of interstate and defense highways. If the routes desired to be used by the applicant involve city or village streets or county or town highways, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the highway in question.
(9m) TRANSPORTATION OF RAW FOREST AND AGRICULTURAL PRODUCTS. The department may issue annual or consecutive month permits for the transportation of raw forest products or for the transportation of fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. This subsection does not apply to highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
(9r) TRANSPORTATION OF SCRAP. The department may issue an annual or consecutive month permit for the transportation of metallic or nonmetallic scrap for the purpose of recycling or processing on a vehicle or combination of vehicles which exceeds statutory weight or length limitations and for the return of the vehicle or combination of vehicles when empty. This subsection does not apply to the transportation of scrap on highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and the I 90/94 interchange near Portage upon its federal designation as I 39.
SECTION 196. 967.055 (2) (a) of the statutes is amended to read:
967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance or both, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.
SECTION 9155. Nonstatutory provisions; transportation.
(1) COST-EFFICIENCY STANDARDS EMERGENCY RULE-MAKING AUTHORITY. Using the emergency rule-making procedure under section 227.24 of the statutes, the department of transportation may promulgate the rules under section 85.20 (7) (b) of the statutes, as created by this act, for a period beginning after January 1, 1996, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.
(2) AGENCY REQUEST. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the department of transportation shall submit information as follows:
(a) A dollar amount for each fiscal year of the 1997-99 fiscal biennium for the appropriation account under section 20.395 (5) (cq) of the statutes that is $430,600 less than the total amount appropriated under section 20.395 (5) (cq) of the statutes for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1997-99 fiscal biennium.
(b) A number for the authorized FTE positions for the department of transportation, to be funded from the appropriation under section 20.395 (5) (cq) of the statutes, that is 24.2 SEG positions less than the number of authorized FTE positions funded from that appropriation for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in FTE position authorizations to be funded from that appropriation for the 1997-99 fiscal biennium.
(3) ELDERLY AND DISABLED TRANSPORTATION EXPENDITURES STUDY. The department of transportation shall conduct a study to determine the total amount and sources of all funds expended in this state on transportation services for the elderly and disabled. On or before July 1, 1996, the department of transportation shall report the results of its study to the governor, and to the chief clerk of each house of the legislature for distribution in the manner provided under section 13.172 (2) of the statutes. All other state agencies shall cooperate with the department of transportation in conducting the study.
SECTION 9248. Appropriation changes; revenue.(1) OIL COMPANY FRANCHISE FEE. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of revenue under section 20.566 (1) (u) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $56,400 for fiscal year 1995-96 and the dollar amount is increased by $5,200 for fiscal year 1996-97 to increase funding for costs incurred in administering the oil company franchise fee.
SECTION 9348. Initial applicability; revenue.
(1) MOTOR VEHICLE FUEL EXEMPTIONS. The treatment of sections 78.005 (13g), 78.01 (2) (e) and (2m) (f), 78.40 (1) and 78.75 (1m) (a) 2. and 3. of the statutes first applies to fuel purchased on the first day of the first month beginning after publication.
SECTION 9355. Initial applicability; transportation.
(1) TRAFFIC ACCIDENTS AND PROPERTY DAMAGE. The treatment of sections 344.12, 344.14 (2) (e) and 346.70 (1) of the statutes first applies to accidents occurring on the effective date of this subsection.
(2) COMMERCIAL DRIVER LICENSES. The treatment of sections 343.10 (2) (a) 1., 343.245 (4) (b), 343.28 (1) and (2), 343.315 (2) (f) (intro.), (fm), (h) and (i) and 343.44 (4r) of the statutes first applies to offenses and refusals committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, revocations, disqualifications or refusals as prior convictions, suspensions, revocations, disqualifications or refusals for purposes of sentencing a person, suspending or revoking a person's operating privilege, disqualifying a person from operating a commercial motor vehicle or determining eligibility for an occupational license or authorization to operate certain vehicles.
(3) MASS TRANSIT OPERATING ASSISTANCE. The treatment of sections 20.395 (1) (bq) and (bu) and 85.20 (4m) (a), (am), (e) and (em) 1., (4s) and (7) of the statutes and the creation of sections 20.395 (1) (bs) and 85.20 (4m) (a) 1. to 3. of the statutes first apply to urban mass transit operating assistance payments for calendar year 1996.
(4) LOCAL TRANSPORTATION AIDS. The treatment of sections 20.395 (1) (as), (at) and (au) and 86.30 (1) (f), (2) (a) 1. and 3. (intro.), c., d., e. and f., (b) 1g. and 2., (d) and (e) and (9) (b), (c) and (d) of the statutes and the creation of section 86.30 (9) (b) 1. and 2. and (c) 1. and 2. of the statutes first applies to the local transportation payments for calendar year 1996.
SECTION 9359. Initial applicability; other.
(1) COMPARABLE BUSINESS PROPERTY.
(a) The treatment of section 32.05 (8) (a) and (c) of the statutes first applies to transfers of property on the effective date of this paragraph.
(b) The treatment of section 32.25 (2) (b) and (c) of the statutes first applies to plans filed with the department of industry, labor and human relations under section 32.25 of the statutes on the effective date of this paragraph.
SECTION 9400. Effective dates; general. Except as otherwise provided in SECTIONS 9401 to 9459 of this act, this act takes effect on July 1, 1995, or on the day after publication, whichever is later.
SECTION 9455. Effective dates; transportation.
(1) TRAFFIC ACCIDENTS AND PROPERTY DAMAGE. The treatment of sections 344.12, 344.14 (2) (e) and 346.70 (1) of the statutes and SECTION 9355 (1) of this act take effect on January 1, 1996.
(2) SPECIAL GROUP LICENSE PLATE FEES. The treatment of section 341.14 (6r) (b) 2., 3. and 4. of the statutes takes effect on January 1, 1996.
(3) EXEMPTION REPORTS. The treatment of section 70.337 (7) of the statutes takes effect on March 31, 1996.
(4) AIRCRAFT REGISTRATION.
(a) The treatment of sections 114.002 (4), (11) and (13) and 114.20 (2) (c), (5), (7) and (13) (b) 1., 2., 3. and 5. of the statutes takes effect on November 1, 1995.
(b) The treatment of section 114.20 (1) (title), (a) and (b), (2) (intro.), (9) (a) to (c) and (d), (9m) (intro.), (12) and (15) (b) of the statutes and the repeal and recreation of section 114.20 (5) and (13) (b) 1. and 2. of the statutes take effect on November 1, 1996.
(5) OIL COMPANY FRANCHISE FEE. The treatment of sections 25.40 (1) (a) 3., 73.01 (4) (a) and 84.59 (2) and chapter 140 of the statutes takes effect on October 1, 1995.
(6) MASS TRANSIT OPERATING ASSISTANCE. The treatment of sections 20.395 (1) (bq) and (bu) and 85.20 (4m) (a), (am), (e) and (em) 1., (4s) and (7) of the statutes and the creation of sections 20.395 (1) (bs) and 85.20 (4m) (a) 1. to 3. of the statutes take effect on January 1, 1996.
(7) LOCAL TRANSPORTATION AIDS. The treatment of sections 20.395 (1) (as), (at) and (au) and 86.30 (1) (f), (2) (a) 1. and 3. (intro.), c., d., e. and f., (b) 1g. and 2., (d) and (e) and (9) (b), (c) and (d) of the statutes and the creation of section 86.30 (9) (b) 1. and 2. and (c) 1. and 2. of the statutes takes effect on January 1, 1996.
(End)
