LRB-4481/1
PEN:jlg:lp
1997 - 1998 LEGISLATURE
March 17, 1998 - Introduced by Senator Burke, cosponsored by Representative
Bock. Referred to Committee on Labor, Transportation and Financial
Institutions.
SB506,1,3
1An Act to renumber 346.94 (7); and
to create 346.94 (7) (b) of the statutes;
2relating to: liability for spilling waste or foreign matter upon or along a
3highway.
Analysis by the Legislative Reference Bureau
Current law requires the driver of every vehicle transporting waste or foreign
matter on the highways of this state to provide adequate facilities to prevent such
waste or foreign matter from spilling on or along the highways. This state's supreme
court has held that a violation of this law is not a sufficient basis for imposing liability
for damages caused by the spilled waste or foreign matter. Kalkopf v. Donald Sales
& Mfg. Co., 33 Wis.2d 247 (1967).
This bill makes a person who spills waste or foreign matter from his or her
vehicle on or along the highway liable for any harm to another user of the highway
or another vehicle caused by the spilled waste or foreign matter.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB506, s. 1
4Section
1. 346.94 (7) of the statutes is renumbered 346.94 (7) (a).
SB506, s. 2
5Section
2. 346.94 (7) (b) of the statutes is created to read:
SB506,2,2
1346.94
(7) (b) Any person who violates par. (a) is liable for any harm to another
2person using the highway or to another vehicle resulting from the violation.
SB506,2,54
(1) This act first applies to material spilled on or along a highway on the
5effective date of this subsection.
