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1348.17
(6) (a) 2. Is
described in s. 340.01 (24) (b) a motor truck, farm truck, road
2tractor, truck tractor, or farm truck tractor or such a vehicle combined with a
3semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial
4motor vehicle operated on a highway.
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5Section
53. 348.17 (6) (a) 3. of the statutes is repealed.
AB648,54
6Section
54. 348.21 (3) (intro.) of the statutes is amended to read:
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348.21
(3) (intro.) Except as provided in sub. (3g),
and subject to sub. (3t), any
8person violating s. 348.15 or 348.16 or any weight limitation posted as provided in
9s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17
10(3), (5), or (6) or in an overweight permit issued under s. 348.26 or 348.27 may be
11penalized as follows:
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12Section
55. 348.21 (3t) of the statutes is created to read:
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348.21
(3t) (a) In the case of a violation of s. 348.15 (3) (g), the penalty shall be
14computed on the basis of the weights stated in s. 348.15 (3) (c).
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(b) In the case of a violation of s. 348.15 (3) (b) involving an implement of
16husbandry or agricultural commercial motor vehicle, the penalty shall be computed
17on the basis of a permissible weight of 20,000 pounds.
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18Section
56. 348.25 (4) (intro.) of the statutes is amended to read:
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348.25
(4) (intro.) Except as provided under s. 348.26 (4), (6), or (7) or 348.27
20(3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16),
or (18),
or (19), permits shall
21be issued only for the transporting of a single article or vehicle which exceeds
22statutory size, weight or load limitations and which cannot reasonably be divided or
23reduced to comply with statutory size, weight or load limitations, except that:
AB648,57
24Section
57. 348.25 (8) (b) (intro.) of the statutes is amended to read:
AB648,30,5
1348.25
(8) (b) (intro.)
Unless
Except as provided in s. 348.27 (19) (c) 5., unless 2a different fee is specifically provided, the department shall charge the following fees
3for the first permit and each subsequent or revalidated annual or multiple trip
4permit issued under s. 348.27 except that no fee may be charged for the amendment
5of a permit under s. 348.27 (3m):
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6Section
58. 348.25 (8) (e) of the statutes is amended to read:
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348.25
(8) (e)
The Except as provided in s. 348.27 (19) (c) 5., the officer or agency
8authorized to issue a permit under s. 348.26 or 348.27 may require any applicant for
9a permit under s. 348.26 or 348.27 to pay the cost of any special investigation
10undertaken to determine whether a permit should be approved or denied.
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11Section
59. 348.25 (8) (f) of the statutes is amended to read:
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348.25
(8) (f) Any local officer or agency authorized to issue a permit under s.
13348.26 or 348.27 may charge a permit issuance fee for each permit issued under s.
14348.26 and for the first and each subsequent or revalidated permit issued under s.
15348.27. This paragraph does not apply to the amendment of a permit under s. 348.27
16(3m)
or to a permit issued under s. 348.27 (19).
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17Section
60. 348.27 (14) of the statutes is repealed.
AB648,61
18Section
61. 348.27 (19) of the statutes is created to read:
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348.27
(19) No-fee permits for implements of husbandry and agricultural
20commercial motor vehicles that exceed length or weight limitations. (a) In this
21subsection, "maintaining authority" means the following:
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1. The department or its designee, with respect to state trunk highways.
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2. The municipality or county responsible for maintenance of the highway or
24its designee, with respect to any highway that is not a state trunk highway, including
25any connecting highway.
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1(b) 1. Subject to subd. 3. and par. (c), a person may apply to the maintaining
2authority of a highway for an annual or consecutive month, no-fee permit to operate
3an implement of husbandry or agricultural commercial motor vehicle that exceeds
4limitations on length or weight, or both, imposed by this chapter. Upon receiving an
5application for a no-fee permit under this subsection, the maintaining authority
6shall provide the applicant with a final decision on the application within 3 weeks
7of its receipt. If the maintaining authority fails to approve or deny the application
8within this period, the application is considered approved until the applicant
9receives a denial meeting the requirements under subd. 4.
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2. Subject to subd. 3. and par. (c), any person to whom a no-fee permit has been
11issued under this subsection may, at any time, apply for an amendment to the permit
12to reflect a change in the applicant's circumstances or information, including a
13change in the listing or map of highways to be traveled. Upon receiving an
14application for amendment under this subdivision, the maintaining authority shall
15provide the applicant with a decision on the application within 5 business days of its
16receipt. If the maintaining authority fails to approve or deny the application within
17this period, the application is considered approved until the applicant receives a
18denial meeting the requirements under subd. 4.
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3. Except as provided in subd. 5. b., an application under subd. 1. or 2. shall be
20made on the form prescribed by the department under par. (d) 1.
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4. If a maintaining authority denies a permit application under subd. 1. or 2.,
22it shall notify the applicant in writing of the denial and the notice shall include a
23reasonable and structurally based explanation of the denial that relates to the
24preservation of the roadway. If the application is made with respect to an implement
25of husbandry described in s. 340.01 (24) (a) 1. b., any denial shall also include an
1approved alternate route or map of highways for operation of the implement of
2husbandry.
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5. a. The governing body of a municipality may, by resolution or ordinance,
4authorize operation on any or all highways under the municipality's jurisdiction of
5implements of husbandry and agricultural commercial motor vehicles that exceed
6limitations on length or weight, or both, imposed by this chapter. A resolution or
7ordinance adopted under this subd. 5. a. is valid only for one calendar year and, to
8be valid in any succeeding calendar year, must be reaffirmed by the governing body
9of the municipality.
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b. If a person applies for a no-fee permit to operate an implement of husbandry
11or agricultural commercial motor vehicle on a highway for which authorization is
12provided by resolution or ordinance under subd. 5. a., then subd. 3. and par. (c) 3. do
13not apply to the application and the maintaining authority may respond with a form
14letter and a copy of the resolution or ordinance, which shall serve as the approved
15permit under this subsection.
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(c) 1. With respect to any highway under its jurisdiction, a maintaining
17authority may issue an annual or consecutive month, no-fee permit authorizing
18operation on the highway of an implement of husbandry or agricultural commercial
19motor vehicle that exceeds limitations on length or weight, or both, imposed by this
20chapter if the applicable requirements of this subsection are satisfied.
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2. A no-fee permit issued under this subsection does not exempt any implement
22of husbandry or agricultural commercial motor vehicle from complying with all
23equipment and other requirements for an implement of husbandry or agricultural
24commercial motor vehicle specified in ch. 347.
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13. Except as provided in par. (b) 5. b., an application for a no-fee permit under
2this subsection shall be accompanied by a listing or map of the highways that may
3potentially be traveled under authorization of the permit.
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4. A no-fee permit issued under this subsection is not valid on any highway that
5is a part of the national system of interstate and defense highways.
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5. No fee may be charged for issuance or amendment of a permit under this
7subsection, or for any study, investigation, or other review in connection with an
8application for a permit or amendment of a permit under this subsection.
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(d) 1. The department shall prescribe an application form for no-fee permits,
10and amendments to no-fee permits, under this subsection. Except with respect to
11permits under par. (b) 5. b., this form shall be used by each maintaining authority.
12The application form shall require the applicant to provide, on the form or as an
13attachment, all of the following information:
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a. The applicant's contact information.
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b. A listing or map of the highways that may potentially be traveled under
16authorization of the permit.
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c. Identification of the types of implements of husbandry or agricultural
18commercial motor vehicles for which the application is made; the length, number of
19axles, make, model, and estimated weight of the implements of husbandry or
20agricultural commercial motor vehicles; and the time of year and frequency that
21these implements of husbandry or agricultural commercial motor vehicles are
22expected to be operated on the highway.
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d. Changes to the original application when requesting an amendment to a
24previously issued no-fee permit.
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1e. Any other information considered necessary by the department to determine
2the acceptability of the application.
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2. The department shall prescribe a procedure for the submission of
4applications to the maintaining authority under par. (b) 1. and 2. The procedure
5shall allow an application to be submitted by mail, including certified mail, by
6electronic transmission, or in person, and shall include a method for accurately
7documenting the date of receipt of the application regardless of which delivery
8method is used.
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(e) 1. In this paragraph, "adverse determination" means the denial of an
10application for issuance or amendment of a no-fee permit under this subsection.
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2. Notwithstanding s. 348.25 (9), any person aggrieved by an adverse
12determination by a municipality or county may obtain review of the adverse
13determination in the manner provided in ch. 68 or as provided under an ordinance
14or resolution adopted under s. 68.16. However, review of the initial determination
15of the municipality or county, under s. 68.09 or 68.10 or under the equivalent
16provision of an ordinance or resolution adopted by a municipality under s. 68.16,
17shall be made by, respectively, the governing body of the municipality or the county
18highway committee of the county.
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3. Any person aggrieved by an adverse determination by the department may
20petition as provided in s. 348.25 (9).
AB648,62
21Section
62
.
Nonstatutory provisions.
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(1) No later than the 30th day after the effective date of this subsection, the
23department of transportation shall prescribe the form and procedures specified in
24section 348.27 (19) (d) of the statutes, as created by this act. For purposes of this
1subsection, the form and procedures shall not be considered a rule under section
2227.01 (13) of the statutes.
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(2) Notwithstanding section 348.27 (19) (b) 3. and (d) 1. of the statutes, as
4created by this act, applications under section 348.27 (19) (b) 1. and 2. of the statutes,
5as created by this act, are not required to be made on the form prescribed under
6section 348.27 (19) (d) 1. of the statutes, as created by this act, until January 1, 2015.
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(3) Notwithstanding section 13.096 (2) of the statutes, the department of
8transportation shall not prepare a report on this bill under section 13.096 (2) and (3)
9of the statutes because the department recently completed the Implements of
10Husbandry Study, with a Phase II report dated July 31, 2013, and a Phase II
11addendum report dated September 20, 2013, which contained the same or similar
12information that would be contained in a report on this bill under section 13.096 (2)
13and (3) of the statutes.
AB648,63
14Section
63.
Effective dates. This act takes effect on the 30th day after the
15day of publication, except as follows:
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(1)
Section 62 (1
) and (3) of this act takes effect on the day after publication.
AB648,35,2217
(2) The treatment of sections 100.47 (2) (c), 346.05 (1) (g), 346.09 (1), 346.13 (1),
18(2), (3), and (4), 347.21 (1m) and (2), 347.22 (2), 347.24 (3), 347.245 (1) and (5), 347.25
19(2g), and 348.05 (2) (a) (by
Section 27
) of the statutes, the renumbering and
20amendment of section 348.05 (2g) of the statutes, and the creation of section 348.05
21(2g) (b) of the statutes take effect on the first day of the 19th month beginning after
22publication.
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(3) The treatment of section 100.47 (4) (intro.) of the statutes, the renumbering
24of section 100.47 (3) of the statutes, and the creation of section 100.47 (3) (b) of the
25statutes take effect on the first day of the 3rd month beginning after publication.
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1(4) The treatment of section 340.01 (1o) (c) of the statutes takes effect on March
21, 2014, or on the day after publication, whichever is later.