Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB612 Compare Versions

Only one version of the bill is available at this time.

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4	4	2023 SENATE BILL 612
5	5	November 7, 2023 - Introduced by Senators MARKLEIN, FELZKOWSKI, BALLWEG,
6	6	COWLES and QUINN, cosponsored by Representatives CALLAHAN, BEHNKE,
7	7	EDMING, GREEN, MOSES, PENTERMAN, RETTINGER, ROZAR, SCHMIDT, SORTWELL
8	8	and JACOBSON. Referred to Committee on Transportation and Local
9	9	Government.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 82.36 and 86.302 (1j) of the statutes; relating to: seasonally
12	12	maintained highways.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill provides that a town may designate any highway or portion of a
15	15	highway under its jurisdiction as a seasonally maintained highway, which the town
16	16	is not required to maintain as passable for motor vehicle traffic from December 15
17	17	to March 31.
18	18	Under the bill, a seasonally maintained highway must be designated as a
19	19	snowmobile route and marked with signs identifying the highway as seasonally
20	20	maintained and closed to motor vehicle traffic during the applicable period. A
21	21	seasonally maintained highway may not be the sole means of access to a residence,
22	22	a private parcel containing improvements, an improved boat landing, or a lake larger
23	23	than 20 acres. A seasonally maintained highway may not be the sole means of access
24	24	to a business or a private parcel that does not contain improvements unless the
25	25	business owner or parcel owner agrees in writing to the designation of the highway
26	26	as a seasonally maintained highway. When designating a seasonally maintained
27	27	highway, the town shall ensure that remaining maintained highways provide for the
28	28	most direct access to residences. The bill also provides that a town is not liable for
29	29	damages arising from motor vehicle operation on a seasonally maintained highway
30	30	while it is closed to motor vehicle traffic.
31	31	Under current law, the Department of Transportation administers a general
32	32	transportation aid program that makes aid payments to a municipality based on the
33	33	greater of a share-of-costs formula or an aid rate per each mile of highway under the
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37	37	SENATE BILL 612
38	38	jurisdiction of the municipality. As part of the aid-rate-per-mile calculation, each
39	39	municipality must file with DOT a plat showing the highways under its jurisdiction.
40	40	Under the bill, a town must include in the plat it files any highway that is
41	41	designated as a seasonally maintained highway. If DOT determines the seasonally
42	42	maintained highway meets the requirements under the bill, DOT must include the
43	43	highway in computing general transportation aid.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 82.36 of the statutes is created to read:
47	47	82.36 Seasonally maintained highways. (1) A town board, or its
48	48	designated superintendent of highways, may designate any highway or portion of a
49	49	highway under its jurisdiction as a seasonally maintained highway .
50	50	Notwithstanding ss. 82.03 (1) (a) and 82.05 (2), the town board and the
51	51	superintendent of highways are not required to keep a seasonally maintained
52	52	highway passable for motor vehicle traffic from December 15 to March 31.
53	53	(2) A highway under the jurisdiction of a town is eligible for designation as a
54	54	seasonally maintained highway only if all of the following apply:
55	55	(a) The seasonally maintained highway is designated as a snowmobile route
56	56	as provided under s. 350.047.
57	57	(b) The town erects a sign at each point where the seasonally maintained
58	58	highway begins and at each point where the seasonally maintained highway
59	59	intersects a highway that is not designated as a seasonally maintained highway. The
60	60	sign shall be designed in accordance with the manual of uniform traffic control
61	61	devices adopted by the department under s. 84.02 (4) (e) and shall display the words
62	62	“seasonally maintained highway.” During the period specified under par. (c), the
63	63	town shall erect an additional sign that displays the words “road closed” and words
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84	84	SECTION 1
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86	86	specifying the vehicles that are exempt from the closure, as specified by town
87	87	ordinance.
88	88	(c) The period of closure under par. (b) begins no earlier than December 15 and
89	89	ends no later than March 31 of the following year.
90	90	(d) The seasonally maintained highway is not the sole means of access to a
91	91	residence, a private parcel containing improvements, an improved boat landing, or
92	92	a lake larger than 20 acres.
93	93	(e) The seasonally maintained highway is not the sole means of access to a
94	94	business or to a private parcel that does not contain improvements, unless the owner
95	95	of the business or the parcel agrees in writing to the designation of the highway as
96	96	a seasonally maintained highway.
97	97	(3) When designating a seasonally maintained highway under this section, the
98	98	town shall ensure that remaining highways provide for the most direct access to
99	99	residences and do not require that a residence be accessed from only one direction,
100	100	unless the residence is located on a road that terminates beyond the residence.
101	101	(4) Notwithstanding s. 893.83, a town shall not be liable for damages for
102	102	injuries sustained by the operator or passenger of a motor vehicle that is operated
103	103	on a seasonally maintained highway during the period that the highway is closed to
104	104	motor vehicle traffic.
105	105	SECTION 2. 86.302 (1j) of the statutes is created to read:
106	106	86.302 (1j) A town shall include in the plat filed under sub. (1g) any highway
107	107	that is designated as a seasonally maintained highway under s. 82.36 (1). If the
108	108	department determines the seasonally maintained highway meets the requirements
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133	133	SECTION 2 SENATE BILL 612
134	134	of s. 82.36 (2), the department shall include the highway in making computations of
135	135	transportation aid.
136	136	(END)
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