LRB-3521/1
ARG:rs&jld:jf
2001 - 2002 LEGISLATURE
November 21, 2001 - Introduced by Senator Darling, cosponsored by
Representatives Wasserman, McCormick, Starzyk, Albers, Gunderson and
Ainsworth. Referred to Committee on Insurance, Tourism, and
Transportation.
SB321,1,3
1An Act to amend 346.70 (4) (a), 346.70 (4) (f) and 346.70 (4) (h); and
to create
2346.70 (4) (i) of the statutes;
relating to: release of traffic accident reports
3relating to accidents resulting in death.
Analysis by the Legislative Reference Bureau
Current law requires every law enforcement agency investigating a traffic
accident resulting in injury or death to a person or property damage in excess of a
specified amount to make a report on a uniform traffic accident report form or in an
automated format and to forward the report to the department of transportation
(DOT) within ten days after the date of the accident. Any person may examine or
copy this report during the law enforcement agency's office hours.
This bill requires any law enforcement agency that completes a uniform traffic
accident report arising from an accident resulting in the death of a person to,
immediately upon completion of the report, make every reasonable effort to identify
the person's next of kin and to offer to provide a copy of the completed report, without
charge, to the person's next of kin. The report may not be made publicly available
for examination and copying, and may not be forwarded to DOT, until a copy of the
report has been provided to, or offered to and declined by, the person's next of kin,
or until 48 hours after the report is completed, whichever occurs first.
For further information see the state and local 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:
SB321, s. 1
1Section
1. 346.70 (4) (a) of the statutes is amended to read:
SB321,2,52
346.70
(4) (a)
Every Subject to par. (i), every law enforcement agency
3investigating or receiving a report of a traffic accident as described in sub. (1) shall
4forward an original written report of the accident or a report of the accident in an
5automated format to the department within 10 days after the date of the accident.
SB321, s. 2
6Section
2. 346.70 (4) (f) of the statutes is amended to read:
SB321,2,127
346.70
(4) (f) Notwithstanding s. 346.73
and subject to par. (i), any person may
8with proper care, during office hours, and subject to such orders or regulations as the
9custodian thereof prescribes, examine or copy such uniform traffic accident reports,
10including supplemental or additional reports, statements of witnesses, photographs
, 11and diagrams, retained by local authorities, the state traffic patrol
, or any other
12investigating law enforcement agency.
SB321, s. 3
13Section
3. 346.70 (4) (h) of the statutes is amended to read:
SB321,3,214
346.70
(4) (h)
Every Subject to par. (i), every law enforcement agency
15investigating or receiving a report of a traffic accident as described in sub. (1) shall
16forward a copy of the report of the accident to the county traffic safety commission
17or to the person designated to maintain spot maps under s. 83.013 (1) (a) in the county
18where the accident occurred when the accident occurred on a county or town road or
19on a street where the population of the city, village
, or town is less than 5,000.
For 20Subject to par. (i), for traffic accidents occurring within a city or village with a
21population of 5,000 or more, the law enforcement agency investigating or receiving
1a report shall forward a copy of the report of the accident to the city or village where
2the accident occurred.
SB321, s. 4
3Section
4. 346.70 (4) (i) of the statutes is created to read:
SB321,3,114
346.70
(4) (i) Any law enforcement agency that completes a uniform traffic
5accident report arising from an accident resulting in the death of a person shall,
6immediately upon completion of the report, make every reasonable effort to identify
7the person's next of kin and offer to provide a copy of the completed report, without
8charge, to the person's next of kin. The report may not be made available under par.
9(f), and may not be forwarded under par. (a) or (h), until a copy of the report has been
10provided to, or offered to and declined by, the person's next of kin, or until 48 hours
11after the report is completed, whichever occurs first.
SB321,3,1413
(1) This act first applies to accident reports completed on the effective date of
14this subsection.
SB321,3,1716
(1)
This act takes effect on the first day of the 4th month beginning after
17publication.
