Amendment AA1-SB509

LRBa2107/1

ARG:wlj:rs

2013 - 2014 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO SENATE BILL 509

March 20, 2014 - Offered by Representatives Ripp, Tauchen and Nerison.

SB509-AA1,1,1 At the locations indicated, amend the engrossed bill as follows:

SB509-AA1,1,3 1. Page 24, line 17: after "vehicle" insert "operated on or before January 1, 2020".

SB509-AA1,1,5 2. Page 25, line 13: after "vehicle" insert "operated on or before January 1, 2020".

SB509-AA1,1,6 3. Page 28, line 6: delete "and (e)" and substitute ", (e), and (f)".

SB509-AA1,1,7 4. Page 29, line 22: after that line insert:

SB509-AA1,1,12 "(f) 1. Notwithstanding par. (c) and sub. (3) (b), (c), and (g), and except as provided in subd. 3. and par. (e), there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation other than that specified in par. (b), for an implement of husbandry described in s. 340.01 (24) (a) 1. b. being operated on a highway that is not designated under subd. 2. a.

SB509-AA1,2,9 2. a. The governing body of a municipality or county may, by resolution or ordinance, designate highways under the municipality's or county's jurisdiction, for maintenance purposes, on which the statutory weight limits prescribed under this section, other than this paragraph, for implements of husbandry apply to implements of husbandry described in s. 340.01 (24) (a) 1. b. If a resolution or ordinance is adopted under this subd. 2. a., any weight limit resulting from the resolution or ordinance is considered to be a weight limit imposed by this chapter and any violation is considered to be a violation of the applicable weight limits prescribed under this section.

SB509-AA1,2,13 b. For a resolution or ordinance under this subdivision to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year. A resolution or ordinance adopted under this subdivision shall be valid for at least one calendar year.

SB509-AA1,2,16 c. Each municipality or county that designates highways under subd. 2. a. shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.

SB509-AA1,2,18 3. Subdivision 1. does not apply on any highway that is a state trunk highway or that is posted with a weight limitation as provided in s. 348.17 (1).

SB509-AA1,2,21 (g) This subsection does not apply after January 1, 2020, and any resolution or ordinance adopted under par. (f) 2. a. on or before January 1, 2020, is void after January 1, 2020.".

SB509-AA1,2,23 5. Page 30, line 4: after " apply" insert ", from the effective date of this subsection .... [ LRB inserts date], to January 1, 2020,".

SB509-AA1,2,24 6. Page 30, line 6: after " (e)" insert "or (f) 1".

SB509-AA1,3,1 7. Page 31, line 5: delete that line and substitute:

SB509-AA1,3,2 " Section 53m. 348.17 (6) (a) 3. of the statutes is amended to read:

SB509-AA1,3,5 348.17 (6) (a) 3. Is an implement of husbandry as defined in s. 340.01 (24) (a). This subdivision does not apply from the effective date of this subdivision .... [LRB inserts date], to January 1, 2020.".

SB509-AA1,3,6 8. Page 31, line 17: after that line insert:

SB509-AA1,3,8 "(c) This subsection does not apply to violations committed after January 1, 2020.".

SB509-AA1,3,10 9. Page 34, line 6: delete the material beginning with "If" and ending with "husbandry." on line 9.

SB509-AA1,3,11 10. Page 34, line 10: before that line insert:

SB509-AA1,3,17 "4m. a. If a maintaining authority receives a permit application with respect to an implement of husbandry described in s. 340.01 (24) (a) 1. b. and the only basis to deny the application is the listing or map of highways under par. (c) 3. accompanying the application, the maintaining authority shall modify the application to include an approved alternate route or map of highways for operation of the implement of husbandry and approve the application.

SB509-AA1,3,21 b. The approved alternate route or map of highways under subd. 4m. a. may include highways that are not under the jurisdiction of the maintaining authority issuing the permit only upon prior approval of the maintaining authority having jurisdiction over those highways.".

SB509-AA1,3,24 11. Page 34, line 16: after "year." insert "For a resolution or ordinance under this subd. 5. a. to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year.".

SB509-AA1,4,1 12. Page 35, line 5: after that line insert:

SB509-AA1,4,5 "d. Each municipality or county that adopts a resolution or ordinance under this subdivision shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.".

SB509-AA1,4,7 13. Page 35, line 6: after "jurisdiction," insert "and as provided in par. (b) 4m. b.,".

SB509-AA1,4,8 14. Page 35, line 22: after that line insert:

SB509-AA1,4,11 "6. A maintaining authority under par. (a) 2. may issue permits under this subsection having a valid period that is longer than one year or for which there is no expiration.

SB509-AA1,4,15 7. Permits issued under this subsection by a maintaining authority under par. (a) 1., including amended permits for which an application has been approved under par. (b) 2., shall automatically renew each year unless there is a material change to any roadway for which the permit applies.".

SB509-AA1,4,16 15. Page 36, line 21: after that line insert:

SB509-AA1,4,20 "3. a. Except as provided in subd. 3. b., c., and d., a maintaining authority shall keep confidential all information provided by an applicant for a permit under this subsection and this information is not open to public inspection, copying, or disclosure under s. 19.35.

SB509-AA1,5,2 b. A maintaining authority described in par. (a) 2. shall disclose to the department, upon its request, information provided by an applicant for a permit under this subsection, but the department shall keep the information confidential, and this information is not open to public inspection, copying, or disclosure under s. 19.35.

SB509-AA1,5,5 c. A maintaining authority shall, upon request, disclose to a law enforcement agency, for use only for law enforcement purposes, information provided by an applicant for a permit under this subsection.

SB509-AA1,5,8 d. This subdivision does not prohibit a maintaining authority from disclosing on a permit under this subsection the information necessary to carry out the purpose of the permit.".

SB509-AA1,5,9 16. Page 37, line 8: after that line insert:

SB509-AA1,5,13 "(f) 1. Except as provided in subd. 2., this subsection does not apply after January 1, 2020, and any permit issued under this subsection or resolution or ordinance adopted under par. (b) 5. a. on or before January 1, 2020, is void after January 1, 2020.

SB509-AA1,5,16 2. The confidentiality requirements under par. (d) 3. continue to apply after January 1, 2020, to all application information provided on or before January 1, 2020.".

SB509-AA1,5,18 17. Page 37, line 13: after "permitted." insert "This paragraph does not apply after January 1, 2020, with respect to a permit issued under s. 348.27 (19).".

SB509-AA1,5,20 18. Page 37, line 22: after "permit." insert "This paragraph does not apply after January 1, 2020.".

SB509-AA1,5,21 19. Page 38, line 15: delete "348.05, 348.06, 348.07, 348.08,".

SB509-AA1,5,23 20. Page 38, line 18: delete "December 31, 2014" and substitute "January 14, 2015".

SB509-AA1,5,24 21. Page 38, line 20: delete "348.05, 348.06, 348.07,".

SB509-AA1,6,1 22. Page 38, line 21: delete "348.08, 348.15, or" and substitute "348.15 and".

SB509-AA1,6,2 23. Page 38, line 24: after that line insert:

SB509-AA1,6,12 "(am) Notwithstanding sections 348.05, 348.06, 348.07, and 348.08 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 January 14, 2015, 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, and 348.08 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-AA1,6,13 24. Page 39, line 16: after that line insert:

SB509-AA1,6,17 "(4m) The treatment of sections 340.01 (1o) and (24), 348.01 (2) (bg) and (bp), 348.15 (3) (b), (d), (f) 2., and (g), (8), and (9), 348.16 (2), and 348.21 (3) (intro.) and (3t) of the statutes and Section 62 (4m) (a) and (b) of this act take effect on the day of publication.".

SB509-AA1,6,18 (End)