Amendment SA1-SB509

ARG:eev:jm

2013 - 2014 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 509

March 5, 2014 - Offered by Senator Petrowski.

SB509-SA1,1,1 At the locations indicated, amend the bill as follows:

SB509-SA1,1,3 1. Page 10, line 23: delete the material beginning with "is" and ending with "or" on line 24.

SB509-SA1,1,5 2. Page 11, line 22: after "1." insert "or in which an implement of husbandry described in subd. 1. c. is towed by a farm truck, farm truck tractor, or motor truck.".

SB509-SA1,1,6 3. Page 12, line 3: delete "(a)" and substitute "(am)".

SB509-SA1,1,7 4. Page 14, line 10: after that line insert:

SB509-SA1,1,8 " Section 14m. 347.21 (1) of the statutes is amended to read:

SB509-SA1,2,3 347.21 (1) No person shall operate on a highway during hours of darkness any train of vehicles authorized by s. 348.08 (1) (d) unless there is mounted on each side of every vehicle in such train, including farm tractors and implements of husbandry, at least one lamp emitting a red or amber light visible from a distance of 500 feet to the side of the vehicle on which mounted or, in lieu thereof, at least one red or amber reflector or, notwithstanding s. 347.245, one slow moving vehicle emblem visible from all distances within 500 feet to 50 feet of the side of the vehicle when directly in front of lawful upper beams of headlamps.".

SB509-SA1,2,4 5. Page 14, line 15: delete " a red an" and substitute "a red or".

SB509-SA1,2,5 6. Page 14, line 17: after "red" insert "or amber".

SB509-SA1,2,7 7. Page 15, line 5: delete "No" and substitute "Except as provided in par. (bm), no".

SB509-SA1,2,11 8. Page 15, line 10: after "husbandry." insert "When lighted, these lamps shall be capable of being seen and distinguished under normal atmospheric conditions during hours of darkness at a distance of 500 feet from the front and rear of the implement of husbandry.".

SB509-SA1,2,15 9. Page 15, line 15: after "practicable." insert "This conspicuity material shall be of such size and characteristics and so maintained as to be readily visible during the hours of darkness from all distances within 500 feet to 50 feet from the implement of husbandry when directly in front of lawful upper beams of headlamps.".

SB509-SA1,2,19 10. Page 15, line 20: after "husbandry." insert "This conspicuity material shall be of such size and characteristics and so maintained as to be readily visible during the hours of darkness from all distances within 500 feet to 50 feet from the implement of husbandry when directly in front of lawful upper beams of headlamps.".

SB509-SA1,3,2 11. Page 15, line 23: after "practicable." insert "These tail lamps are not required to be wired to light when headlamps or other lamps light. When lighted, these tail lamps shall be capable of being seen and distinguished under normal atmospheric conditions during hours of darkness at a distance of 500 feet from the rear of the implement of husbandry.".

SB509-SA1,3,3 12. Page 15, line 23: after that line insert:

SB509-SA1,3,6 "(bm) A person may operate on a highway, at times other than hours of darkness, a wide implement of husbandry manufactured before January 1, 2014, that does not comply with par. (b) if all of the following apply:

SB509-SA1,3,8 1. The wide implement of husbandry is accompanied by an escort vehicle operating with hazard lights activated.

SB509-SA1,3,12 2. Two orange or red flags, not less than 12 inches square, are attached to the rear of the wide implement of husbandry, or as close to the rear as practicable, in a manner that is clearly visible to the operator of a vehicle approaching from the rear and that marks the extreme left and extreme right of the implement of husbandry.".

SB509-SA1,3,13 13. Page 15, line 24: after "(b)" insert "or (bm)".

SB509-SA1,3,14 14. Page 15, line 25: delete "20" and substitute "22".

SB509-SA1,3,16 15. Page 16, line 9: delete "and" and substitute "or between a farm and a field and is".

SB509-SA1,3,17 16. Page 16, line 9: delete "0.25" and substitute "0.5".

SB509-SA1,3,18 17. Page 19, line 4: before "spreading" insert "spraying pesticides or".

SB509-SA1,3,20 18. Page 20, line 16: delete "including any utility line." and substitute "other than a structure or obstruction that is any of the following:".

SB509-SA1,3,21 19. Page 20, line 16: after that line insert:

SB509-SA1,3,22 " Section 34m. 348.06 (2) (a) and (b) of the statutes are created to read:

SB509-SA1,4,2 348.06 (2) (a) Any overhead utility line that does not satisfy the requirements of the state electric code promulgated by the public service commission.

SB509-SA1,4,4 (b) Any overhead electric line of a cooperative association that is organized under ch. 185 and that does not comply with the National Electrical Safety Code.".

SB509-SA1,4,5 20. Page 21, line 24: delete "20" and substitute "25".

SB509-SA1,4,6 21. Page 22, line 7: delete "20" and substitute "25".

SB509-SA1,4,8 22. Page 26, line 21: delete "and" and substitute "or between a farm and a field and is".

SB509-SA1,4,9 23. Page 26, line 22: delete "0.25" and substitute "0.5".

SB509-SA1,4,11 24. Page 27, line 18: delete "and" and substitute "or between a farm and a field and is".

SB509-SA1,4,12 25. Page 27, line 18: delete "0.25" and substitute "0.5".

SB509-SA1,4,13 26. Page 28, line 16: delete "any" and substitute "all".

SB509-SA1,4,14 27. Page 31, line 1: delete "subd. 3." and substitute "subds. 3. and 5. b.".

SB509-SA1,4,15 28. Page 31, line 8: after "this" insert "3-week".

SB509-SA1,4,18 29. Page 31, line 9: after "4." insert "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.".

SB509-SA1,4,19 30. Page 31, line 17: after "period" insert "of 5 business days".

SB509-SA1,5,2 31. Page 31, line 18: after "4." insert "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.".

SB509-SA1,5,3 32. Page 32, line 3: after "municipality" insert "or county".

SB509-SA1,5,4 33. Page 32, line 4: after "municipality's" insert "or county's".

SB509-SA1,5,8 34. Page 32, line 6: delete the material beginning with "A" and ending with municipality." on line 9 and substitute "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.".

SB509-SA1,5,9 35. Page 32, line 10: delete lines 10 to 15 and substitute:

SB509-SA1,5,15 "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.

SB509-SA1,5,23 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.".

SB509-SA1,5,24 36. Page 34, line 20: after that line insert:

SB509-SA1,6,2 " Section 61m. 348.28 (1) of the statutes is renumbered 348.28 (1) (a) and amended to read:

SB509-SA1,6,5 348.28 (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.

SB509-SA1,61p Section 61p. 348.28 (1) (b) of the statutes is created to read:

SB509-SA1,6,14 348.28 (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.".

SB509-SA1,6,15 37. Page 35, line 13: after that line insert:

SB509-SA1,7,2 "(4m) (a) Notwithstanding sections 348.05, 348.06, 348.07, 348.08, 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 December 31, 2014, 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, 348.08, 348.15, or 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.

SB509-SA1,7,6 (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.".

SB509-SA1,7,8 38. Page 35, line 25: delete "the first day of the 3rd month beginning after publication" and substitute "January 1, 2015".

SB509-SA1,7,9 39. Page 36, line 1: delete lines 1 and 2.

SB509-SA1,7,10 (End)