AB113: Bill Text

AB113,9,23 348.07 (2r) Subsection (2) (e) also applies to implements of husbandry while being transported by trailer or semitrailer on a highway from farm to field, from field to field, or from farm to farm.

AB113,13 Section 13. 348.09 (3) of the statutes is amended to read:

AB113,10,3 348.09 (3) This section does not apply if the load is an implement of husbandry or agricultural commercial motor vehicle being transported as provided in s. 348.05 (2g) or (3m).

AB113,14 Section 14. 348.15 (3) (b) of the statutes is amended to read:

AB113,10,14 348.15 (3) (b) The gross weight imposed on the highway by the wheels of any one axle may not exceed 20,000 pounds or, if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle , or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle from farm to field, from field to field, or from farm to farm, and is operated on or before January 1, 2020, 23,000 pounds. In addition, the gross weight imposed on the highway by the wheels of the steering axle of a truck tractor may not exceed 13,000 pounds unless the manufacturer's rated capacity of the axle and the tires is sufficient to carry the weight, but not to exceed 20,000 pounds.

AB113,15 Section 15. 348.15 (3) (g) (intro.) of the statutes is amended to read:

AB113,10,24 348.15 (3) (g) (intro.) Notwithstanding par. (c), if the vehicle or combination of vehicles is an implement of husbandry or agricultural commercial motor vehicle, or is a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle from farm to field, from field to field, or from farm to farm, and is operated on or before January 1, 2020, the gross weight imposed on the highway by any group of 2 or more consecutive axles of the vehicle or vehicle combination may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group: [See Figure 348.15 (3) (g) following]

AB113,16 Section 16. 348.15 (9) (a) of the statutes is amended to read:

AB113,11,5 348.15 (9) (a) Except as provided in pars. (c), (cm), (e), and (f), the increased weight allowance for implements of husbandry and agricultural commercial motor vehicles under sub. (3) (b) and (g) applies in lieu of, not in addition to, any other increased weight allowance for implements of husbandry authorized under this chapter.

AB113,17 Section 17. 348.15 (9) (b) of the statutes is amended to read:

AB113,11,13 348.15 (9) (b) Except as provided in par. (e), the maximum gross weight for an implement of husbandry or agricultural commercial motor vehicle operated on a highway without a permit may not exceed 92,000 pounds. Except as provided in par. (e), the maximum gross weight for a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle from farm to field, from field to field, or from farm to farm, and operated on a highway without a permit, may not exceed 92,000 pounds.

AB113,18 Section 18. 348.15 (9) (c) 1. of the statutes is amended to read:

AB113,11,21 348.15 (9) (c) 1. Notwithstanding sub. (3) (a), (b), (c), and (g), there is no weight limitation per wheel, axle, or group of axles for an implement of husbandry that is an empty potato harvester if, subject to subd. 2., the potato harvester is accompanied by one or more escort vehicles operating with hazard lights activated, except that such a potato harvester is subject to any weight limitation posted as provided in s. 348.17 (1). Except as provided in par. (e), a potato harvester is subject to the maximum gross weight limitation for implements of husbandry specified in par. (b).

AB113,19 Section 19. 348.15 (9) (cm) of the statutes is created to read:

AB113,12,7 348.15 (9) (cm) 1. Notwithstanding sub. (3) (a), (b), (c), and (g), there is no weight limitation per wheel, axle, or group of axles for a 2-vehicle combination transporting by trailer or semitrailer an empty potato harvester from farm to field, from field to field, or from farm to farm if, subject to subd. 2., the 2-vehicle combination is accompanied by one or more escort vehicles operating with hazard lights activated, except that such a 2-vehicle combination is subject to any weight limitation posted as provided in s. 348.17 (1). Except as provided in par. (e), such a 2-vehicle combination transporting a potato harvester is subject to the maximum gross weight limitation for 2-vehicle combinations transporting implements of husbandry specified in par. (b).

AB113,12,11 2. A 2-vehicle combination transporting a potato harvester is not required to be accompanied by any escort vehicle under subd. 1. if the potato harvester is being transported from farm to field, from field to field, or from farm to farm on a highway for a distance of 0.5 miles or less.

AB113,20 Section 20. 348.15 (9) (d) of the statutes is amended to read:

AB113,12,19 348.15 (9) (d) The increased weight allowance for implements of husbandry and agricultural commercial motor vehicles under sub. (3) (b) and (g) does not apply on any highway that is a part of the national system of interstate and defense highways. The increased weight allowance for 2-vehicle combinations transporting implements of husbandry or agricultural commercial motor vehicles under sub. (3) (b) and (g) does not apply on any highway that is a part of the national system of interstate and defense highways.

AB113,21 Section 21. 348.15 (9) (e) 1. (intro.) of the statutes is amended to read:

AB113,13,3 348.15 (9) (e) 1. (intro.) Notwithstanding par. (c) and sub. (3) (a), (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry or agricultural commercial motor vehicle while being operated or transported by an implement dealer or farmer for purposes of delivery, repair, or servicing of the implement of husbandry or agricultural commercial motor vehicle if the implement of husbandry or agricultural commercial motor vehicle is being operated or transported under either of the following circumstances:

AB113,22 Section 22. 348.15 (9) (e) 2. of the statutes is amended to read:

AB113,13,10 348.15 (9) (e) 2. Notwithstanding par. (c) and sub. (3) (a), (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for an implement of husbandry described in s. 340.01 (24) (a) 1. b., or for an agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3., that is traveling between fields or between a farm and a field and is operated on the highway for a distance of 0.5 miles or less.

AB113,23 Section 23. 348.15 (9) (e) 3. of the statutes is amended to read:

AB113,13,14 348.15 (9) (e) 3. Subdivisions 1. and , 2., and 4. do not apply on any highway that is a part of the national system of interstate and defense highways or that is posted with a weight limitation as provided in s. 348.17 (1).

AB113,24 Section 24. 348.15 (9) (e) 4. of the statutes is created to read:

AB113,13,22 348.15 (9) (e) 4. Notwithstanding par. (cm) and sub. (3) (a), (b), (c), and (g), but subject to subd. 3., there is no weight limitation per wheel, axle, or group of axles, and no gross weight limitation, for a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry described in s. 340.01 (24) (a) 1. b. or agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3. from farm to field, from field to field, or from farm to farm, on a highway for a distance of 0.5 miles or less.

AB113,25 Section 25. 348.15 (9) (f) 1. of the statutes is amended to read:

AB113,14,4 348.15 (9) (f) 1. Notwithstanding par. (c) and sub. (3) (a), (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., or for an agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3., being operated on a highway that is not designated under subd. 2. a.

AB113,26 Section 26. 348.15 (9) (f) 1m. of the statutes is created to read:

AB113,14,12 348.15 (9) (f) 1m. Notwithstanding par. (cm) and sub. (3) (a), (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 a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry described in s. 340.01 (24) (a) 1. b. or agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., 2., or 3. from farm to field, from field to field, or from farm to farm, on a highway that is not designated under subd. 2. a.

AB113,27 Section 27. 348.15 (9) (f) 2. a. of the statutes is amended to read:

AB113,14,25 348.15 (9) (f) 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 or agricultural commercial motor vehicles apply to implements of husbandry described in s. 340.01 (24) (a) 1. b., and to agricultural commercial motor vehicles used as described in s. 340.01 (1o) (e) 1., 2., or 3., that are operated or transported on the highway and to 2-vehicle combinations transporting them. 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.

AB113,28 Section 28. 348.15 (9) (f) 2. b. of the statutes is amended to read:

AB113,15,7 348.15 (9) (f) 2. 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 November 30 of the prior year. A resolution or ordinance adopted under this subdivision shall be valid for at least one calendar year. No amendment to a resolution or ordinance is effective in a calendar year unless the amendment was adopted on or before November 30 of the prior year.

AB113,29 Section 29. 348.15 (9) (f) 2. c. of the statutes is amended to read:

AB113,15,13 348.15 (9) (f) 2. c. Each No later than January 20 of the year after it adopts or amends a resolution or ordinance under this subdivision, 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.

AB113,30 Section 30. 348.15 (9) (f) 3. of the statutes is amended to read:

AB113,15,17 348.15 (9) (f) 3. Subdivision 1. does Subdivisions 1. and 1m. do 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).

AB113,31 Section 31. 348.16 (2) of the statutes is amended to read:

AB113,16,3 348.16 (2) Except as provided in sub. (3) and s. 348.175 and subject to any modifications made by a city of the first class pursuant to s. 349.15 (3), no person, without a permit therefor, shall operate on a class "B" highway any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross weight on the highway exceeding 60 percent of the weights authorized in s. 348.15 (3). This subsection does not apply, from April 24, 2014, to January 1, 2020, to a potato harvester or an implement of husbandry or agricultural commercial motor vehicle being operated or transported, or to a 2-vehicle combination transporting an implement of husbandry or agricultural commercial motor vehicle, as described in s. 348.15 (9) (c), (cm), (e), or (f) 1. or 1m.

AB113,32 Section 32. 348.21 (3t) (b) of the statutes is amended to read:

AB113,16,9 348.21 (3t) (b) In the case of a violation of s. 348.15 (3) (b) involving an implement of husbandry or agricultural commercial motor vehicle or a 2-vehicle combination transporting an implement of husbandry or agricultural commercial motor vehicle, the penalty shall be computed on the basis of a permissible weight of 20,000 pounds.

AB113,33 Section 33. 348.27 (19) (b) 1. of the statutes is amended to read:

AB113,17,3 348.27 (19) (b) 1. Subject to subds. 3. and 5. b. and par. (c), a person may apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter. Subject to subds. 3. and 5. b. and par. (c), a person may also apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter and that is being transported on the highway from farm to field, from field to field, or from farm to farm. Upon receiving an application for a no-fee permit under this subsection, the maintaining authority shall provide the applicant with a final decision on the application within 3 weeks of its receipt. If the maintaining authority fails to approve or deny the application within this 3-week period, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. or until 6 weeks from receipt of the application. If the maintaining authority fails to approve or deny the application within 6 weeks of its receipt, the application is approved.

AB113,34 Section 34. 348.27 (19) (b) 4m. a. of the statutes is amended to read:

AB113,17,12 348.27 (19) (b) 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., or with respect to an agricultural commercial motor vehicle for use as described in s. 340.01 (1o) (e) 1., 2., or 3., 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 or transportation of the implement of husbandry or agricultural commercial motor vehicle and approve the application.

AB113,35 Section 35. 348.27 (19) (b) 5. a. of the statutes is amended to read:

AB113,18,5 348.27 (19) (b) 5. a. The governing body of a municipality or county may, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of implements of husbandry and agricultural commercial motor vehicles that exceed limitations on length or weight, or both, imposed by this chapter. The governing body of a municipality or county may also, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of 2-vehicle combinations transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter and that is being transported from farm to field, from field to field, or from farm to farm. If the governing body of a municipality or county adopts a resolution or ordinance under this subd. 5. a., the resolution or ordinance shall be valid for at least one calendar year. 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 November 30 of the prior year. No amendment to a resolution or ordinance is effective in a calendar year unless the amendment was adopted on or before November 30 of the prior year.

AB113,36 Section 36. 348.27 (19) (b) 5. c. of the statutes is amended to read:

AB113,18,15 348.27 (19) (b) 5. c. If the governing body of a municipality or county adopts a resolution or ordinance under subd. 5. a. that applies to fewer than all of the highways under the municipality's or county's jurisdiction or that authorizes operation or transportation of implements of husbandry and agricultural commercial motor vehicles but imposes conditions, restrictions, or limitations on this operation or transportation, then a person may apply for a permit under subd. 1. for operation or transportation of an implement of husbandry or agricultural commercial motor vehicle on any highway or under any circumstance not authorized by the resolution or ordinance.

AB113,37 Section 37. 348.27 (19) (b) 5. d. of the statutes is amended to read:

AB113,18,21 348.27 (19) (b) 5. d. Each No later than January 20 of the year after it adopts or amends a resolution or ordinance under this subdivision, 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.

AB113,38 Section 38. 348.27 (19) (c) 1. of the statutes is amended to read:

AB113,19,3 348.27 (19) (c) 1. With respect to any highway under its jurisdiction, and as provided in subd. 8. and par. (b) 4m. b., a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter if the applicable requirements of this subsection are satisfied.

AB113,39 Section 39. 348.27 (19) (c) 1m. of the statutes is created to read:

AB113,19,12 348.27 (19) (c) 1m. With respect to any highway under its jurisdiction, and as provided in subd. 9. and par. (b) 4m. b., a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter and that is being transported from farm to field, from field to field, or from farm to farm, if the applicable requirements of this subsection are satisfied.

AB113,40 Section 40. 348.27 (19) (c) 8. of the statutes is created to read:

AB113,19,18 348.27 (19) (c) 8. In addition to the authorization under subd. 1., a no-fee permit issued under this subsection authorizes an implement of husbandry or agricultural commercial motor vehicle being operated in compliance with the permit to cross any highway that intersects with a highway under the jurisdiction of the maintaining authority that issued the permit.

AB113,41 Section 41. 348.27 (19) (c) 9. of the statutes is created to read:

AB113,19,24 348.27 (19) (c) 9. In addition to the authorization under subd. 1m., a no-fee permit issued under this subsection authorizes a 2-vehicle combination transporting an implement of husbandry or agricultural commercial motor vehicle in compliance with the permit to cross any highway that intersects with a highway under the jurisdiction of the maintaining authority that issued the permit.

AB113,42 Section 42. 348.27 (19) (cm) of the statutes is created to read:

AB113,20,7 348.27 (19) (cm) If a no-fee permit is issued under this subsection authorizing a 2-vehicle combination to transport by trailer or semitrailer an implement of husbandry, the permit shall require the person transporting the implement of husbandry to comply with ss. 347.24 (3), 347.245 (1), and 347.25 (2g), as applicable. For purposes of this paragraph, the requirements under ss. 347.24 (3), 347.245 (1), and 347.25 (2g) shall apply to an implement of husbandry being transported to the same extent as if the implement of husbandry were being operated.

AB113,43 Section 43. 348.27 (19) (d) 1. cm. of the statutes is created to read:

AB113,20,13 348.27 (19) (d) 1. cm. If the application is for operation of a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle, a description of the power unit and trailer or semitrailer of the 2-vehicle combination, including make, model, estimated vehicle weight, and vehicle registration number, if applicable.

AB113,44 Section 44. 348.27 (19) (d) 3. a. of the statutes is amended to read:

AB113,20,18 348.27 (19) (d) 3. a. Except as provided in subd. 3. b., c., and d., and e., 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.

AB113,45 Section 45. 348.27 (19) (d) 3. e. of the statutes is created to read:

AB113,20,23 348.27 (19) (d) 3. e. This subdivision does not prohibit a maintaining authority from disclosing information to the permit applicant or the applicant's agent or from disclosing, in any court proceeding, information necessary for judicial review of the maintaining authority's decision.

AB113,46 Section 46. 348.27 (19) (d) 4. of the statutes is created to read:

AB113,21,3 348.27 (19) (d) 4. In making its initial determination on an application for a no-fee permit under this subsection, a municipality is not subject to the requirements under subch. V of ch. 19.

AB113,47 Section 47. 348.27 (19) (e) 2. of the statutes is amended to read:

AB113,21,21 348.27 (19) (e) 2. Notwithstanding s. 348.25 (9), any person aggrieved by an adverse determination by a municipality or county may obtain review of the adverse determination in the manner provided in ch. 68 or as provided under an ordinance or resolution adopted under s. 68.16. However, review of the initial determination of the municipality or county, under s. 68.09 or 68.10 or under the equivalent provision of an ordinance or resolution adopted by a municipality under s. 68.16, shall be made by, respectively, the governing body of the municipality or the county highway committee of the county. Notwithstanding ss. 19.83 (1) and 19.85 (1), any deliberation or proceeding, at a meeting of the governing body of a municipality or county or any of its committees, related to review of an adverse determination shall be conducted in closed session, with the permit applicant and any agent of the applicant present for any evidentiary hearing or argument. The municipality or county shall keep confidential all information provided by or on behalf of the permit applicant during the proceeding and this information is not open to public inspection, copying, or disclosure under s. 19.35, except that this information may be included in the written decision provided to the permit applicant or applicant's agent and may be disclosed in any court proceeding for judicial review of the decision.

AB113,48 Section 48. Nonstatutory provisions.

AB113,21,25 (1) Notwithstanding section 13.096 (2) of the statutes, the department of transportation shall not prepare a report on this bill under section 13.096 (2) and (3) of the statutes.

AB113,49 Section 49. Effective dates. This act takes effect on the day after publication, except as follows:

AB113,22,5 (1) The treatment of section 348.05 (3m) (c) of the statutes, and the amendment of section 348.05 (3m) (a) of the statutes, take effect on November 1, 2015, or on the day after publication, whichever is later.

AB113,22,6 (End)