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LRB-1246/1
EVM:cjs
2019 - 2020 LEGISLATURE
March 28, 2019 - Introduced by Senators Miller, Ringhand, L. Taylor, Smith and
Bernier, cosponsored by Representatives Kulp, Emerson, Hebl, Considine,
Hesselbein, Kerkman, Plumer, Sargent, Sinicki, Spiros, Spreitzer, Subeck,
C. Taylor, Vruwink and Skowronski. Referred to Committee on
Transportation, Veterans and Military Affairs.
SB136,1,4 1An Act to renumber and amend 340.01 (22e); and to create 340.01 (22e) (a)
23. and 340.01 (22e) (b) of the statutes; relating to: penalties for certain traffic
3violations where highway maintenance workers are present and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Under current law, the amount of any applicable minimum and maximum fine
or forfeiture is doubled for specified traffic violations committed where persons
working in a highway maintenance or construction area are at risk from traffic.
These traffic violations include failing to follow certain traffic signs and signals,
failing to follow certain orders of traffic officers, exceeding certain maximum speed
limits, and driving recklessly. Currently, “highway maintenance or construction
area" is defined as the section of highway between the first highway maintenance or
construction warning sign and either: 1) a sign indicating the end of the maintenance
or construction work; or 2) in the case of a moving vehicle engaged in the
maintenance or construction work, the section of roadway where traffic may return
to normal flow without impeding the maintenance or construction work.
Under this bill, “highway maintenance or construction area” is defined to
include the roadway adjacent to which roadside cleanup or maintenance work is
being performed. In the case of highway cleanup work or roadside cleanup or
maintenance work, including the collection of litter, the highway construction or

maintenance area extends from the first advance warning sign to the furthest
location at which cleanup or maintenance workers are working.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB136,1 1Section 1. 340.01 (22e) of the statutes is renumbered 340.01 (22e) (a) (intro.)
2and amended to read:
SB136,2,53 340.01 (22e) (a) (intro.) “Highway maintenance or construction area" means
4the entire section of roadway between the first advance warning sign of highway
5maintenance or construction work and an any of the following:
SB136,2,6 61. An “END ROAD WORK" or “END CONSTRUCTION" sign or, in.
SB136,2,9 72. In the case of a moving vehicle engaged in the maintenance or construction
8work, that section of roadway where traffic may return to its normal flow without
9impeding such the work.
SB136,2 10Section 2. 340.01 (22e) (a) 3. of the statutes is created to read:
SB136,2,1311 340.01 (22e) (a) 3. In the case of highway cleanup work or roadside cleanup or
12maintenance work, including the collection of litter, the furthest location at which
13cleanup or maintenance workers are working.
SB136,3 14Section 3. 340.01 (22e) (b) of the statutes is created to read:
SB136,2,1815 340.01 (22e) (b) “Highway maintenance or construction area" includes the
16roadway adjacent to which roadside cleanup or maintenance work, including the
17collection of litter, is being performed, regardless of whether the work is being
18performed by paid workers or volunteer workers.
SB136,4 19Section 4. Initial applicability.
SB136,3,2
1(1) This act first applies to violations committed on the effective date of this
2subsection.
SB136,3,33 (End)
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