LRB-0063/2
ARG:jld:rs
2011 - 2012 LEGISLATURE
February 22, 2012 - Introduced by Representative Petrowski, cosponsored by
Senator Lazich, by request of Department of Transportation. Referred to
Committee on Transportation.
AB611,1,4
1An Act to repeal 346.45 (1) (c) 1. to 10.;
to renumber and amend 346.45 (1)
2(c) (intro.); and
to amend 346.45 (4) of the statutes;
relating to: vehicles
3required to stop at railroad crossings, providing an exemption from emergency
4rule procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) must adopt rules,
consistent with federal regulations, for the marking and placarding of vehicles being
used to transport hazardous materials.
Also under current law, the operator of certain vehicles, before crossing an
at-grade railroad crossing, must stop the vehicle within 50 feet but not less than 15
feet from the nearest rail. Among the vehicles required to stop are motor vehicles
that, in accordance with DOT rules, must be marked or placarded with one of ten
specified hazardous materials markings.
This bill eliminates the statutory enumeration of ten specific hazardous
materials markings that require a marked or placarded vehicle to stop at an
at-grade railroad crossing. Instead, the bill requires DOT to promulgate rules
identifying classifications of markings or placarding that, consistent with federal
regulations, require a marked or placarded vehicle to stop at an at-grade railroad
crossing.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB611, s. 1
1Section
1. 346.45 (1) (c) (intro.) of the statutes is renumbered 346.45 (1) (c) and
2amended to read:
AB611,2,53
346.45
(1) (c) Every motor vehicle which, in accordance with sub. (4), is
4required to be marked or placarded with
one of the following markings: a
5classification of marking or placarding that requires the vehicle to stop.
AB611, s. 2
6Section
2. 346.45 (1) (c) 1. to 10. of the statutes are repealed.
AB611, s. 3
7Section
3. 346.45 (4) of the statutes is amended to read:
AB611,2,138
346.45
(4) The department shall adopt rules for the marking and placarding
9of vehicles being used to transport hazardous materials which are potentially
10dangerous to life and property, which rules shall be in accordance with the
11regulations of the U.S. department of transportation.
These rules shall identify
12classifications of markings or placarding that, consistent with federal regulations,
13when required on a vehicle also require the vehicle to stop as provided in sub. (1) (c).
AB611,2,1815
(1)
Proposed permanent rules. The department of transportation shall submit
16in proposed form the rules required under section 346.45 (4) of the statutes to the
17legislative council staff under section 227.15 (1) of the statutes no later than the first
18day of the 4th month beginning after the effective date of this subsection.
AB611,3,219
(2)
Exception to economic impact report for rules. Notwithstanding section
20227.137 (2) of the statutes, the department of transportation is not required to
1prepare an economic impact analysis for the rules required under section 346.45 (4)
2of the statutes.
AB611,3,173
(3)
Emergency rules. Using the procedure under section 227.24 of the statutes,
4the department of transportation shall promulgate the rules required under section
5346.45 (4) of the statutes, for the period before the effective date of the permanent
6rules promulgated under section 346.45 (4) of the statutes, but not to exceed the
7period authorized under section 227.24 (1) (c) of the statutes, subject to extension
8under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2)
9(b), and (3) of the statutes, the department is not required to provide evidence that
10promulgating a rule under this subsection as an emergency rule is necessary for the
11preservation of public peace, health, safety, or welfare and is not required to provide
12a finding of an emergency for a rule promulgated under this subsection.
13Notwithstanding section 227.24 (1) (e) 1d. and 1g. of the statutes, the department is
14not required to obtain approval of a statement of scope as provided in section 227.135
15(2) or (4) of the statutes, or submit the proposed emergency rule in final draft form
16to the governor for approval and obtain such approval, for a rule promulgated under
17this subsection.
AB611,3,2019
(1) This act first applies to violations committed on the effective date of this
20subsection.
AB611, s. 6
21Section
6.
Effective dates. This act takes effect on the first day of the 4th
22month beginning after publication, except as follows:
AB611,3,2323
(1)
Section 4 of this act takes effect on the day after publication.
