SB509: Bill Text Engrossed

SB509-engrossed,30,23 2. Is a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.

SB509-engrossed,52 Section 52. 348.17 (6) (a) 2. of the statutes is amended to read:

SB509-engrossed,31,4 348.17 (6) (a) 2. Is described in s. 340.01 (24) (b) a motor truck, farm truck, road tractor, truck tractor, or farm truck tractor or such a vehicle combined with a semitrailer, trailer, or farm trailer, when the vehicle or combination is a commercial motor vehicle operated on a highway.

SB509-engrossed,53 Section 53. 348.17 (6) (a) 3. of the statutes is repealed.

SB509-engrossed,54 Section 54. 348.21 (3) (intro.) of the statutes is amended to read:

SB509-engrossed,31,11 348.21 (3) (intro.) Except as provided in sub. (3g), and subject to sub. (3t), any person violating s. 348.15 or 348.16 or any weight limitation posted as provided in s. 348.17 (1) or in a declaration issued under s. 348.175 or authorized under s. 348.17 (3), (5), or (6) or in an overweight permit issued under s. 348.26 or 348.27 may be penalized as follows:

SB509-engrossed,55 Section 55. 348.21 (3t) of the statutes is created to read:

SB509-engrossed,31,14 348.21 (3t) (a) In the case of a violation of s. 348.15 (3) (g), the penalty shall be computed on the basis of the weights stated in s. 348.15 (3) (c).

SB509-engrossed,31,17 (b) In the case of a violation of s. 348.15 (3) (b) involving an implement of husbandry or agricultural commercial motor vehicle, the penalty shall be computed on the basis of a permissible weight of 20,000 pounds.

SB509-engrossed,56 Section 56. 348.25 (4) (intro.) of the statutes is amended to read:

SB509-engrossed,31,23 348.25 (4) (intro.) Except as provided under s. 348.26 (4), (6), or (7) or 348.27 (3), (3m), (4m), (9), (9m), (9r), (9t), (10), (12), (15), (16), or (18), or (19), permits shall be issued only for the transporting of a single article or vehicle which exceeds statutory size, weight or load limitations and which cannot reasonably be divided or reduced to comply with statutory size, weight or load limitations, except that:

SB509-engrossed,57 Section 57. 348.25 (8) (b) (intro.) of the statutes is amended to read:

SB509-engrossed,32,5 348.25 (8) (b) (intro.) Unless Except as provided in s. 348.27 (19) (c) 5., unless a different fee is specifically provided, the department shall charge the following fees for the first permit and each subsequent or revalidated annual or multiple trip permit issued under s. 348.27 except that no fee may be charged for the amendment of a permit under s. 348.27 (3m):

SB509-engrossed,58 Section 58. 348.25 (8) (e) of the statutes is amended to read:

SB509-engrossed,32,10 348.25 (8) (e) The Except as provided in s. 348.27 (19) (c) 5., the officer or agency authorized to issue a permit under s. 348.26 or 348.27 may require any applicant for a permit under s. 348.26 or 348.27 to pay the cost of any special investigation undertaken to determine whether a permit should be approved or denied.

SB509-engrossed,59 Section 59. 348.25 (8) (f) of the statutes is amended to read:

SB509-engrossed,32,16 348.25 (8) (f) Any local officer or agency authorized to issue a permit under s. 348.26 or 348.27 may charge a permit issuance fee for each permit issued under s. 348.26 and for the first and each subsequent or revalidated permit issued under s. 348.27. This paragraph does not apply to the amendment of a permit under s. 348.27 (3m) or to a permit issued under s. 348.27 (19).

SB509-engrossed,60 Section 60. 348.27 (14) of the statutes is repealed.

SB509-engrossed,61 Section 61. 348.27 (19) of the statutes is created to read:

SB509-engrossed,32,21 348.27 (19) No-fee permits for implements of husbandry and agricultural commercial motor vehicles that exceed length or weight limitations. (a) In this subsection, "maintaining authority" means the following:

SB509-engrossed,32,22 1. The department or its designee, with respect to state trunk highways.

SB509-engrossed,32,25 2. The municipality or county responsible for maintenance of the highway or its designee, with respect to any highway that is not a state trunk highway, including any connecting highway.

SB509-engrossed,33,12 (b) 1. Subject to subds. 3. and 5. b. and par. (c), a person may apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter. Upon receiving an application for a no-fee permit under this subsection, the maintaining authority shall provide the applicant with a final decision on the application within 3 weeks of its receipt. If the maintaining authority fails to approve or deny the application within this 3-week period, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. 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-engrossed,33,25 2. Subject to subd. 3. and par. (c), any person to whom a no-fee permit has been issued under this subsection may, at any time, apply for an amendment to the permit to reflect a change in the applicant's circumstances or information, including a change in the listing or map of highways to be traveled. Upon receiving an application for amendment under this subdivision, the maintaining authority shall provide the applicant with a decision on the application within 5 business days of its receipt. If the maintaining authority fails to approve or deny the application within this period of 5 business days, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. 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-engrossed,34,2 3. Except as provided in subd. 5. b., an application under subd. 1. or 2. shall be made on the form prescribed by the department under par. (d) 1.

SB509-engrossed,34,9 4. If a maintaining authority denies a permit application under subd. 1. or 2., it shall notify the applicant in writing of the denial and the notice shall include a reasonable and structurally based explanation of the denial that relates to the preservation of the roadway. If the application is made with respect to an implement of husbandry described in s. 340.01 (24) (a) 1. b., any denial shall also include an approved alternate route or map of highways for operation of the implement of husbandry.

SB509-engrossed,34,16 5. a. The governing body of a municipality or county may, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of implements of husbandry and agricultural commercial motor vehicles that exceed limitations on length or weight, or both, imposed by this chapter. 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-engrossed,34,22 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-engrossed,35,5 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-engrossed,35,10 (c) 1. With respect to any highway under its jurisdiction, a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter if the applicable requirements of this subsection are satisfied.

SB509-engrossed,35,14 2. A no-fee permit issued under this subsection does not exempt any implement of husbandry or agricultural commercial motor vehicle from complying with all equipment and other requirements for an implement of husbandry or agricultural commercial motor vehicle specified in ch. 347.

SB509-engrossed,35,17 3. Except as provided in par. (b) 5. b., an application for a no-fee permit under this subsection shall be accompanied by a listing or map of the highways that may potentially be traveled under authorization of the permit.

SB509-engrossed,35,19 4. A no-fee permit issued under this subsection is not valid on any highway that is a part of the national system of interstate and defense highways.

SB509-engrossed,35,22 5. No fee may be charged for issuance or amendment of a permit under this subsection, or for any study, investigation, or other review in connection with an application for a permit or amendment of a permit under this subsection.

SB509-engrossed,36,2 (d) 1. The department shall prescribe an application form for no-fee permits, and amendments to no-fee permits, under this subsection. Except with respect to permits under par. (b) 5. b., this form shall be used by each maintaining authority. The application form shall require the applicant to provide, on the form or as an attachment, all of the following information:

SB509-engrossed,36,3 a. The applicant's contact information.

SB509-engrossed,36,5 b. A listing or map of the highways that may potentially be traveled under authorization of the permit.

SB509-engrossed,36,11 c. Identification of the types of implements of husbandry or agricultural commercial motor vehicles for which the application is made; the length, number of axles, make, model, and estimated weight of the implements of husbandry or agricultural commercial motor vehicles; and the time of year and frequency that these implements of husbandry or agricultural commercial motor vehicles are expected to be operated on the highway.

SB509-engrossed,36,13 d. Changes to the original application when requesting an amendment to a previously issued no-fee permit.

SB509-engrossed,36,15 e. Any other information considered necessary by the department to determine the acceptability of the application.

SB509-engrossed,36,21 2. The department shall prescribe a procedure for the submission of applications to the maintaining authority under par. (b) 1. and 2. The procedure shall allow an application to be submitted by mail, including certified mail, by electronic transmission, or in person, and shall include a method for accurately documenting the date of receipt of the application regardless of which delivery method is used.

SB509-engrossed,36,23 (e) 1. In this paragraph, "adverse determination" means the denial of an application for issuance or amendment of a no-fee permit under this subsection.

SB509-engrossed,37,6 2. Notwithstanding s. 348.25 (9), any person aggrieved by an adverse determination by a municipality or county may obtain review of the adverse determination in the manner provided in ch. 68 or as provided under an ordinance or resolution adopted under s. 68.16. However, review of the initial determination of the municipality or county, under s. 68.09 or 68.10 or under the equivalent provision of an ordinance or resolution adopted by a municipality under s. 68.16, shall be made by, respectively, the governing body of the municipality or the county highway committee of the county.

SB509-engrossed,37,8 3. Any person aggrieved by an adverse determination by the department may petition as provided in s. 348.25 (9).

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

SB509-engrossed,37,13 348.28 (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-engrossed,61p Section 61p. 348.28 (1) (b) of the statutes is created to read:

SB509-engrossed,37,22 348.28 (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-engrossed,62 Section 62 . Nonstatutory provisions.

SB509-engrossed,38,3 (1) No later than the 30th day after the effective date of this subsection, the department of transportation shall prescribe the form and procedures specified in section 348.27 (19) (d) of the statutes, as created by this act. For purposes of this subsection, the form and procedures shall not be considered a rule under section 227.01 (13) of the statutes.

SB509-engrossed,38,7 (2) Notwithstanding section 348.27 (19) (b) 3. and (d) 1. of the statutes, as created by this act, applications under section 348.27 (19) (b) 1. and 2. of the statutes, as created by this act, are not required to be made on the form prescribed under section 348.27 (19) (d) 1. of the statutes, as created by this act, until January 1, 2015.

SB509-engrossed,38,14 (3) Notwithstanding section 13.096 (2) of the statutes, the department of transportation shall not prepare a report on this bill under section 13.096 (2) and (3) of the statutes because the department recently completed the Implements of Husbandry Study, with a Phase II report dated July 31, 2013, and a Phase II addendum report dated September 20, 2013, which contained the same or similar information that would be contained in a report on this bill under section 13.096 (2) and (3) of the statutes.

SB509-engrossed,38,24 (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-engrossed,39,4 (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-engrossed,63 Section 63. Effective dates. This act takes effect on the 30th day after the day of publication, except as follows:

SB509-engrossed,39,7 (1) Section 62 (1 ) and (3) of this act takes effect on the day after publication.

SB509-engrossed,39,13 (2) The treatment of sections 100.47 (2) (c), 346.05 (1) (g), 346.09 (1), 346.13 (1), (2), (3), and (4), 347.21 (1m) and (2), 347.22 (2), 347.24 (3), 347.245 (1) and (5), 347.25 (2g), and 348.05 (2) (a) (by Section 27 ) of the statutes, the renumbering and amendment of section 348.05 (2g) of the statutes, and the creation of section 348.05 (2g) (b) of the statutes take effect on the first day of the 19th month beginning after publication.

SB509-engrossed,39,16 (3) The treatment of section 100.47 (4) (intro.) of the statutes, the renumbering of section 100.47 (3) of the statutes, and the creation of section 100.47 (3) (b) of the statutes take effect on January 1, 2015.

SB509-engrossed,39,17 (End)