2015 - 2016 LEGISLATURE
March 23, 2015 - Introduced by Senators Petrowski, Cowles, Gudex, Hansen,
Lassa, LeMahieu, Marklein, Olsen, Roth and Tiffany, cosponsored by
Representatives Czaja, Jarchow, Ballweg, Bernier, Born, E. Brooks, Danou,
Edming, Genrich, Hutton, Jacque, Kahl, Katsma, Kitchens, Kulp, T. Larson,
Murphy, Mursau, Nygren, A. Ott, Petersen, Petryk, Ripp, Shankland,
Spiros, Steffen, Swearingen, Zepnick, Meyers and Vorpagel. Referred to
Committee on Transportation and Veterans Affairs.
SB80,1,4 1An Act to renumber 348.16 (3); to renumber and amend 349.16 (3); and to
2create
348.16 (3) (b) and 349.16 (3) (c) of the statutes; relating to: exempting
3certain vehicles of utilities from class B highway weight limitations and certain
4special or seasonal weight limitations.
Analysis by the Legislative Reference Bureau
Under current law, local highway authorities may impose special or seasonal
weight limitations on highways which, because of deterioration or climatic
conditions, would likely be seriously damaged or destroyed if limitations were not
imposed. For vehicles carrying certain commodities or being used to perform certain
services, local highway authorities may set different weight limitations or exempt
the vehicles from the special or seasonal weight limitations if an exemption or
limitation is in the interest of public health, safety and welfare.
Also under current law, local authorities may designate highways under their
jurisdiction as class "B" highways. With limited exceptions, the maximum gross
weight and per-axle vehicle weight for vehicles on a class "B" highway is 60 percent
of the weight allowed by statute if the vehicle were operating on a highway that is
not designated as a class "B" highway.
This bill provides that special or seasonal weight limitations imposed by a
highway authority and class "B" highway weight limitations do not apply to vehicles
of public utilities, telecommunications providers, or certain cooperative associations,
when the vehicles are being operated for the purpose of responding to service
interruptions.

Under current law, if any bill introduced in either house of the legislature
directly or indirectly establishes an exception to vehicle weight limitations, the
Department of Transportation (DOT) must prepare a report, containing specified
information, relating to the bill within six weeks after the bill in introduced and
before any vote is taken on the bill. This bill directs DOT not to prepare such a report
on this bill.
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:
SB80,1 1Section 1. 348.16 (3) of the statutes is renumbered 348.16 (3) (a).
SB80,2 2Section 2. 348.16 (3) (b) of the statutes is created to read:
SB80,2,73 348.16 (3) (b) Subsection (2) does not apply to a vehicle of a public utility, as
4defined in s. 196.01 (5), a telecommunications provider, as defined in s. 196.01 (8p),
5or a cooperative association organized under ch. 185 for the purpose of producing or
6furnishing heat, light, power, or water to its members, that is being operated for the
7purpose of responding to a service interruption.
SB80,3 8Section 3. 349.16 (3) of the statutes is renumbered 349.16 (3) (a) and amended
9to read:
SB80,2,1710 349.16 (3) (a) The authority in charge of the maintenance of the highway may
11exempt vehicles carrying certain commodities specified by the authority or which are
12used to perform certain services specified by the authority from the special weight
13limitations which are imposed under sub. (1) (a), or may set different weight
14limitations than those imposed under sub. (1) (a) for vehicles carrying those
15commodities or which are used to perform those services, if such the exemption or
16limitation is reasonable and necessary to promote the public health, safety, and
17welfare.
SB80,3,12
1(b) The authority in charge of the maintenance of the highway shall exempt
2from the special or seasonal weight limitations imposed under sub. (1) (a) a vehicle
3that is used to transport material pumped from a septic or holding tank if, because
4of health concerns, material needs to be removed from a septic or holding tank within
524 hours after the vehicle owner or operator is notified and if the vehicle is operated
6for the purpose of emptying the septic or holding tank and disposing of its contents
7and is operated on a route that minimizes travel on highways subject to weight
8limitations imposed under sub. (1) (a). Within 72 hours after operating a vehicle that
9transported material pumped from a septic or holding tank and that exceeded special
10or seasonal weight limitations as authorized by this subsection paragraph, the owner
11or operator of the vehicle shall notify the authority in charge of maintenance of the
12highways over which the vehicle was operated.
SB80,4 13Section 4. 349.16 (3) (c) of the statutes is created to read:
SB80,3,1914 349.16 (3) (c) The authority in charge of the maintenance of the highway shall
15exempt from the special or seasonal weight limitations imposed under sub. (1) (a) a
16vehicle of a public utility, as defined in s. 196.01 (5), a telecommunications provider,
17as defined in s. 196.01 (8p), or a cooperative association organized under ch. 185 for
18the purpose of producing or furnishing heat, light, power, or water to its members,
19that is being operated for the purpose of responding to a service interruption.
SB80,5 20Section 5. Nonstatutory provisions.
SB80,3,2321 (1) Exception to review by the department of transportation.
22Notwithstanding section 13.096 (2) of the statutes, the department of transportation
23shall not prepare a report on this bill under section 13.096 (2) and (3) of the statutes.
SB80,3,2424 (End)
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