LRB-0514/1
ARG:jld:rs
2007 - 2008 LEGISLATURE
March 4, 2008 - Introduced by Representatives Davis, Ziegelbauer, Kerkman,
Montgomery, Owens
and Jeskewitz, cosponsored by Senator Roessler.
Referred to Committee on Criminal Justice.
AB905,1,3 1An Act to renumber and amend 346.66; and to create 346.66 (2) of the
2statutes; relating to: the duty to stop at the scene of, and to report, a motor
3vehicle accident.
Analysis by the Legislative Reference Bureau
Under current law, if an operator of a vehicle has an accident resulting in
personal injury or vehicle damage, the operator must immediately stop the vehicle
at or near the scene of the accident, provide certain information, and render
reasonable assistance to any injured person. If an operator of a vehicle has an
accident with an unattended vehicle or with property on or adjacent to a highway,
the operator must immediately stop and fulfill certain obligations to provide notice
of the vehicle operator's identity. The operator of a vehicle involved in an accident
resulting in injury or death to a person or damage to property in specified amounts
must report the accident to law enforcement as soon as possible. These requirements
are applicable not only on highways but also on premises, whether publicly or
privately owned, that are held out for public vehicle use, provided by employers to
employees for vehicle use, or provided to tenants of certain rental housing for vehicle
use. However, these requirements do not apply to private parking areas at farms or
single-family residences or to accidents involving only snowmobiles, all-terrain
vehicles, or nonmotorized vehicles. A person who commits a failure-to-stop
violation or who fails to report an accident for which a report is required is subject
to varying penalties, and the owner of a vehicle involved in a failure-to-stop
violation may also be subject to penalty as well.

This bill specifies that these failure-to-stop requirements apply to the operator
of a vehicle that, whether by operator intention or lack of control, departs a highway
or any premises described above immediately prior to an accident if the accident does
not occur on real property owned or leased by the operator. The bill also specifies that
the accident reporting requirement and owner liability apply with respect to such an
accident.
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:
AB905, s. 1 1Section 1. 346.66 of the statutes is renumbered 346.66 (1) (a) and amended
2to read:
AB905,2,93 346.66 (1) (a) In addition to being applicable upon highways, ss. 346.67 to
4346.70 are applicable upon all premises held out to the public for use of their motor
5vehicles, all premises provided by employers to employees for the use of their motor
6vehicles, and all premises provided to tenants of rental housing in buildings of 4 or
7more units for the use of their motor vehicles, whether such premises are publicly or
8privately owned and whether or not a fee is charged for the use thereof. These
9sections
AB905,2,11 10(b) Except as provided in sub. (2), ss. 346.67 to 346.70 do not apply to private
11parking areas at farms or single-family residences or .
AB905,2,14 12(c) Sections 346.67 to 346.70 do not apply to accidents involving only
13snowmobiles, all-terrain vehicles, or vehicles propelled by human power or drawn
14by animals.
AB905, s. 2 15Section 2. 346.66 (2) of the statutes is created to read:
AB905,3,216 346.66 (2) (a) Sections 346.67, 346.68, and 346.69 apply to the operator of a
17vehicle that, whether by operator intention or lack of control, departs a highway or

1premises described in sub. (1) (a) immediately prior to an accident if the accident does
2not occur on real property owned or leased by the operator.
AB905,3,33 (b) Sections 346.675 and 346.70 apply to an accident described in par. (a).
AB905, s. 3 4Section 3. Initial applicability.
AB905,3,65 (1) This act first applies to accidents occurring on the effective date of this
6subsection.
AB905, s. 4 7Section 4. Effective date.
AB905,3,98 (1) This act takes effect on the first day of the 4th month beginning after
9publication.
AB905,3,1010 (End)
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