2015 WISCONSIN ACT
15
An Act
to renumber and amend
340.01 (1o) (e);
to amend
100.47 (3) (b), 340.01 (24) (a) 1. b. and c. and 2., 348.01 (2) (bp), 348.05 (3m) (a), 348.06 (2) (intro.), 348.07 (1), 348.07 (2) (e) 2., 348.09 (3), 348.15 (3) (b), 348.15 (3) (g) (intro.), 348.15 (9) (a), 348.15 (9) (b), 348.15 (9) (c) 1., 348.15 (9) (d), 348.15 (9) (e) 1. (intro.), 348.15 (9) (e) 2., 348.15 (9) (e) 3., 348.15 (9) (f) 1., 348.15 (9) (f) 2. a., 348.15 (9) (f) 2. b., 348.15 (9) (f) 2. c., 348.15 (9) (f) 3., 348.16 (2), 348.21 (3t) (b), 348.27 (19) (a) 1., 348.27 (19) (a) 2., 348.27 (19) (b) 1., 348.27 (19) (b) 2., 348.27 (19) (b) 4., 348.27 (19) (b) 4m. a., 348.27 (19) (b) 4m. b., 348.27 (19) (b) 5. a., 348.27 (19) (b) 5. c., 348.27 (19) (b) 5. d., 348.27 (19) (c) 1., 348.27 (19) (d) 3. a. and 348.27 (19) (e) 2.; and
to create
340.01 (1o) (e) 2. and 3., 347.45 (5), 348.05 (3m), 348.05 (3m) (c), 348.07 (2) (e) 3., 348.07 (2r), 348.15 (9) (cm), 348.15 (9) (e) 4., 348.15 (9) (f) 1m., 348.27 (19) (c) 1m., 348.27 (19) (c) 8., 348.27 (19) (c) 9., 348.27 (19) (c) 10., 348.27 (19) (cm), 348.27 (19) (d) 1. cm., 348.27 (19) (d) 3. e. and 348.27 (19) (d) 4. of the statutes;
relating to:
operating implements of husbandry and agricultural commercial motor vehicles on highways, transporting implements of husbandry by trailer on highways, and farm equipment sales.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1c
.
100.47 (3) (b) of the statutes is amended to read:
100.47
(3)
(b) No person in the business of selling farm equipment may sell farm equipment that can be operated on a highway unless, at the time of sale, the person who sells the farm equipment discloses to the buyer the gross vehicle weight
and axle weights
of the farm equipment.
Section
1p
.
340.01 (1o) (e) of the statutes is renumbered 340.01 (1o) (e) (intro.) and amended to read:
340.01
(1o)
(e) (intro.) The vehicle is
directly engaged in harvesting farm products, directly applies
being used in any of the following ways:
1. For directly distributing feed to livestock or for directly applying
fertilizer,
lime,
spray, or seeds
, but not manure,
to a farm field
, or distributes feed to livestock
.
Section
2
.
340.01 (1o) (e) 2. and 3. of the statutes are created to read:
340.01
(1o)
(e) 2. For assisting another vehicle directly harvesting farm products by receiving farm products as they are harvested or for assisting another vehicle directly planting potatoes by delivering seed potatoes to the planter.
3. For directly applying manure to a farm field or for off-loading manure if field conditions do not permit manure application by the vehicle directly to the field.
Section
3
.
340.01 (24) (a) 1. b. and c. and 2. of the statutes are amended to read:
340.01
(24)
(a) 1. b. A self-propelled combine; a self-propelled forage harvester; self-propelled fertilizer or pesticide application equipment but not including manure application equipment; towed
or attached
tillage, planting,
harvesting,
and cultivation equipment and its towing
farm tractor or other
power unit
or farm tractor or other power unit to which it is attached
; or another self-propelled vehicle that directly engages in harvesting farm products, directly applies fertilizer, spray, or seeds but not manure, or distributes feed to livestock.
c. A farm wagon,
grain cart,
farm trailer, manure trailer, or trailer adapted to be towed by, or to tow or pull, another implement of husbandry.
2. A combination of vehicles in which each vehicle in the vehicle combination is an implement of husbandry as described in subd. 1. or in which an implement of husbandry described in subd. 1.
c.
is towed by a farm truck, farm truck tractor,
or
motor truck
, or agricultural commercial motor vehicle
.
Section
4
.
347.45 (5) of the statutes is created to read:
347.45
(5)
Notwithstanding sub. (2), an implement of husbandry equipped with rubber tracks or tracks made of equivalent material may be operated on a highway if such operation will not injure the highway.
Section
5
.
348.01 (2) (bp) of the statutes is amended to read:
348.01
(2)
(bp) "Potato harvester" means
a self-propelled
an
implement of husbandry designed and used exclusively for harvesting potatoes.
Section
6
.
348.05 (3m) of the statutes is created to read:
348.05
(3m)
(a) Implements of husbandry of any width may be transported by trailer or semitrailer, without a permit, on a highway from farm to field, from field to field, or from farm to farm, at times other than hours of darkness.
(b) This subsection does not apply to the national system of interstate and defense highways, except for that portion of I 39 between USH 51 and I 90/94.
Section
7
.
348.05 (3m) (a) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:
348.05
(3m)
(a)
Implements
Subject to par. (c), implements
of husbandry of any width may be transported by trailer or semitrailer, without a permit, on a highway from farm to field, from field to field, or from farm to farm, at times other than hours of darkness.
Section
8
.
348.05 (3m) (c) of the statutes is created to read:
348.05
(3m)
(c) Paragraph (a) applies only if the person transporting the implement of husbandry complies 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.
Section
9
.
348.06 (2) (intro.) of the statutes is amended to read:
348.06
(2)
(intro.) Implements of husbandry
, and 2-vehicle combinations transporting by trailer or semitrailer implements of husbandry from farm to field, from field to field, or from farm to farm,
of any height may be operated upon a highway without a permit for excessive height. The operator of the implement of husbandry
or 2-vehicle combination
is responsible for ensuring that there is adequate height clearance between the implement of husbandry
being operated or transported
and any overhead structure or obstruction, other than a structure or obstruction that is any of the following:
Section
10
.
348.07 (1) of the statutes is amended to read:
348.07
(1)
No person, without a permit therefor, may operate on a highway any single vehicle with an overall length in excess of 45 feet or any combination of 2 vehicles with an overall length in excess of 70 feet, except as otherwise provided in subs. (2), (2a), (2m),
(2r),
and (4m) and s. 348.08 (1).
Section
11
.
348.07 (2) (e) 2. of the statutes is amended to read:
348.07
(2)
(e) 2.
One hundred
Except as provided in subd. 3., 100
feet for implements of husbandry that are 2-vehicle combinations
and for 2-vehicle combinations transporting by trailer or semitrailer implements of husbandry from farm to field, from field to field, or from farm to farm
.
Section
11m
.
348.07 (2) (e) 3. of the statutes is created to read:
348.07
(2)
(e) 3. No length limitation for an implement of husbandry that is an irrigation system in combination with a farm tractor, farm truck, farm truck tractor, or motor truck temporarily operated upon a highway.
Section
12
.
348.07 (2r) of the statutes is created to read:
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.
Section
13
.
348.09 (3) of the statutes is amended to read:
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)
.
Section
14
.
348.15 (3) (b) of the statutes is amended to read:
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.
Section
15
.
348.15 (3) (g) (intro.) of the statutes is amended to read:
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]
Section
16
.
348.15 (9) (a) of the statutes is amended to read:
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.
Section
17
.
348.15 (9) (b) of the statutes is amended to read:
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.
Section
18
.
348.15 (9) (c) 1. of the statutes is amended to read:
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).
Section
19
.
348.15 (9) (cm) of the statutes is created to read:
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).
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.
Section
20
.
348.15 (9) (d) of the statutes is amended to read:
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.
Section
21
.
348.15 (9) (e) 1. (intro.) of the statutes is amended to read:
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:
Section
22
.
348.15 (9) (e) 2. of the statutes is amended to read:
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.,
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.
Section
23
.
348.15 (9) (e) 3. of the statutes is amended to read:
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).
Section
24
.
348.15 (9) (e) 4. of the statutes is created to read:
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. 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.
Section
25
.
348.15 (9) (f) 1. of the statutes is amended to read:
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.,
being operated on a highway that is not designated under subd. 2. a.
Section
26
.
348.15 (9) (f) 1m. of the statutes is created to read:
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. from farm to field, from field to field, or from farm to farm, on a highway that is not designated under subd. 2. a.
Section
27
.
348.15 (9) (f) 2. a. of the statutes is amended to read:
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., 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.
Section
28
.
348.15 (9) (f) 2. b. of the statutes is amended to read:
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.
Section
29
.
348.15 (9) (f) 2. c. of the statutes is amended to read:
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.
Section
30
.
348.15 (9) (f) 3. of the statutes is amended to read:
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).
Section
31
.
348.16 (2) of the statutes is amended to read:
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.
Section
32
.
348.21 (3t) (b) of the statutes is amended to read:
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.
Section
32g
.
348.27 (19) (a) 1. of the statutes is amended to read:
348.27
(19)
(a) 1. The department or its designee, with respect to state trunk highways
and bridges crossing over state trunk highways
.
Section
32r
.
348.27 (19) (a) 2. of the statutes is amended to read:
348.27
(19)
(a) 2. The municipality or county responsible for maintenance of the highway or its designee, with respect to any highway that is not a state trunk highway, including any connecting highway.
This subdivision does not apply to any bridge crossing over a state trunk highway.
Section
33
.
348.27 (19) (b) 1. of the statutes is amended to read:
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
a complete
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.
Section
33m
.
348.27 (19) (b) 2. of the statutes is amended to read:
348.27
(19)
(b) 2. Subject to subd. 3. and par. (c), any person to whom a no-fee permit has been issued under this subsection may, at any time, apply for an amendment to the permit to reflect a change in the applicant's circumstances or information, including a change in the listing or map of highways to be traveled. Upon receiving
an
a complete
application for amendment under this subdivision, the maintaining authority shall provide the applicant with a decision on the application within 5 business days of its receipt. If the maintaining authority fails to approve or deny the application within this period of 5 business days, the application is considered approved until the applicant receives a denial meeting the requirements under subd. 4. or until 10 business days from receipt of the application. If the maintaining authority fails to approve or deny the application within 10 business days of its receipt, the application is approved. This subdivision does not apply if the permit is a resolution or ordinance adopted under subd. 5.
This subdivision does not apply with respect to a replacement vehicle as described in par. (c) 10.
Section
33r
.
348.27 (19) (b) 4. of the statutes is amended to read:
348.27
(19)
(b) 4.
If a maintaining authority denies a
After receiving a complete
permit application under subd. 1. or 2.,
if a maintaining authority denies the application,
it shall notify the applicant in writing of the denial and the notice shall include a reasonable and structurally based explanation of the denial that relates to the preservation of the roadway.
Section
34
.
348.27 (19) (b) 4m. a. of the statutes is amended to read:
348.27
(19)
(b) 4m. a. If a maintaining authority receives a
complete
permit application
with respect to
, or a complete application to amend a permit, for
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,
or for an agricultural commercial motor vehicle used as described in s. 340.01 (1o) (e) 1., the maintaining authority may not deny the application. However,
the maintaining authority
shall
may
modify the application to include an
approved
alternate route or map of highways
other than those specified by the applicant under par. (c) 3.
for operation
or transportation
of the implement of husbandry
or agricultural commercial motor vehicle
and
shall
approve the application.
Section
34m
.
348.27 (19) (b) 4m. b. of the statutes is amended to read:
348.27
(19)
(b) 4m. b.
The approved
For a maintaining authority under par. (a) 2., the
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
, except that no prior approval is required with respect to a highway on which the implement of husbandry or agricultural commercial motor vehicle may be legally operated or transported without a permit or as authorized by a resolution or ordinance serving as a permit under subd. 5. b. For a maintaining authority under par. (a) 1., the alternate route or map of highways under subd. 4m. a. may not include highways that are not under the jurisdiction of the maintaining authority issuing the permit.
Section
35
.
348.27 (19) (b) 5. a. of the statutes is amended to read:
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.
Section
36
.
348.27 (19) (b) 5. c. of the statutes is amended to read:
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.
Section
37
.
348.27 (19) (b) 5. d. of the statutes is amended to read:
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.
Section
38
.
348.27 (19) (c) 1. of the statutes is amended to read:
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.
Section
39
.
348.27 (19) (c) 1m. of the statutes is created to read:
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.
Section
40
.
348.27 (19) (c) 8. of the statutes is created to read:
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. This subdivision does not apply to a bridge crossing over a state trunk highway.
Section
41
.
348.27 (19) (c) 9. of the statutes is created to read:
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. This subdivision does not apply to a bridge crossing over a state trunk highway.
Section
41m
.
348.27 (19) (c) 10. of the statutes is created to read:
348.27
(19)
(c) 10. If an implement of husbandry or agricultural commercial motor vehicle for which a permit has been issued under this subsection is removed from service or sold, the permit authorizes the permittee to operate or transport a replacement vehicle of equal or lesser axle weight and gross weight, or of equal or lesser length, for the remainder of the valid period of the permit. The original terms of the permit, including any requirements imposed by the maintaining authority for issuance of the permit, apply to the permittee's operation or transportation of the replacement vehicle under the permit. If the replacement vehicle is of greater axle weight or gross weight, or of greater length, than that for which the permit was issued, the replacement vehicle may not be operated or transported under the permit and application must be made under par. (b) 1. and a new no-fee permit issued for the replacement vehicle before its operation or transportation is authorized.
Section
42
.
348.27 (19) (cm) of the statutes is created to read:
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.
Section
43
.
348.27 (19) (d) 1. cm. of the statutes is created to read:
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.
Section
44
.
348.27 (19) (d) 3. a. of the statutes is amended to read:
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.
Section
45
.
348.27 (19) (d) 3. e. of the statutes is created to read:
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.
Section
46
.
348.27 (19) (d) 4. of the statutes is created to read:
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.
Section
47
.
348.27 (19) (e) 2. of the statutes is amended to read:
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.
Section
48
.
Nonstatutory provisions.
(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.
Section
49
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(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.
