Wisconsin Legislature: Amendment AA1-ASA1-AB35

LRBa0109/1

PEN:jlg:km

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 35

March 3, 1999 - Offered by Representatives Steinbrink, Kreuser and Porter.

AB35-ASA1-AA1,1,11 At the locations indicated, amend the substitute amendment as follows:

AB35-ASA1-AA1,1,3 21. Page 1, line 1: after "snowplows" insert "and liability for damages caused
3by the operation of a snowplow".

AB35-ASA1-AA1,1,4 42. Page 1, line 2: before that line insert:

AB35-ASA1-AA1,1,5 5" Section 1d. 340.01 (58m) of the statutes is created to read:

AB35-ASA1-AA1,1,96 340.01 (58m) "Snowplow" means a vehicle that is operated by a person
7employed by or on behalf of an authority in charge of the maintenance of a highway
8to perform highway winter maintenance snow and ice removal, including plowing,
9salting and sanding, during either a storm or cleanup following a storm.

AB35-ASA1-AA1, s. 1h 10Section 1h. 345.05 (1) (bm) of the statutes is amended to read:

AB35-ASA1-AA1,1,1211 345.05 (1) (bm) "Motor vehicle" does not include a vehicle that is exempt from
12registration under s. 341.05 or a snowplow.

AB35-ASA1-AA1, s. 1p

1Section 1p. 345.05 (6) of the statutes is created to read:

AB35-ASA1-AA1,2,52 345.05 (6) The exemption granted to the operator of a snowplow by this section
3does not relieve that operator from the duty to drive or ride with due regard under
4the circumstances for the safety of all persons nor does it protect such operator from
5the consequences of his or her reckless disregard for the safety of others.".

AB35-ASA1-AA1,2,6 63. Page 1, line 2: delete " Section 1" and substitute "Section 1t".

AB35-ASA1-AA1,2,8 74. Page 1, line 3: delete the material beginning with "(1) In this" and ending
8with "(2) The" on line 8 and substitute "The".

AB35-ASA1-AA1,2,9 95. Page 1, line 11: delete ", as described in sub. (1),".

AB35-ASA1-AA1,2,10 106. Page 2, line 6: after that line insert:

AB35-ASA1-AA1,2,11 11" Section 2. 893.80 (6m) of the statutes is created to read:

AB35-ASA1-AA1,2,1412 893.80 (6m) A municipality, as defined in s. 345.05 (1) (c), its officers, officials,
13agents or employes shall not be liable for any claim for damages to person or property
14arising out of the operation of a snowplow, as defined in s. 340.01 (58m).

AB35-ASA1-AA1, s. 3 15Section 3. Initial applicability.

AB35-ASA1-AA1,2,18 16(1) Local governmental liability for snowplow operation. The treatment of
17sections 345.05 (1) (bm) and (6) and 346.915 of the statutes first applies to snowplows
18operated on the effective date of this subsection.".

AB35-ASA1-AA1,2,1919 (End)