TNF&PEN&JS:all:all
1995 - 1996 LEGISLATURE
1995 ASSEMBLY BILL 402
May 24, 1995 - Introduced by Representative Brancel, cosponsored by Senator Leean, by request of Governor Tommy G. Thompson. Referred to Joint committee on Finance.
AN ACT to repeal 20.395 (1) (bz), 20.395 (2) (bt), 85.20 (4m) (am), 85.20 (4m) (e), 86.30 (2) (a) 3. c., 86.30 (2) (a) 3. d., 114.002 (4), 114.002 (13), 114.20 (2) (c), 114.20 (7), 114.20 (13) (b) 3., 341.14 (6r) (b) 3., 343.03 (1) (c), 343.03 (8), 343.14 (4) and 343.265 (1) (a) and (b); to renumber 20.395 (1) (bs) and 343.14 (3); to renumber and amend 85.20 (4m) (a), 85.20 (4m) (b) 2., 85.26 (2) (a), 86.30 (9) (b), 86.30 (9) (c), 114.20 (9) (a) to (c), 343.05 (4) (a) 3. and 343.265 (1) (intro.); to amend 20.395 (1) (as), 20.395 (1) (at), 20.395 (1) (bq), 20.395 (1) (bu), 20.395 (3) (bq), 20.395 (3) (bv), 20.395 (3) (bx), 20.395 (3) (cq), 20.395 (3) (cv), 20.395 (3) (cx), 20.395 (3) (eq), 20.395 (3) (ev), 20.395 (3) (ex), 20.395 (3) (iq), 20.395 (3) (iv), 20.395 (3) (ix), 20.505 (1) (md), 20.566 (1) (u), 20.866 (2) (uv), 20.866 (2) (uw), 25.40 (1) (a) 3., 32.05 (8) (c), 32.25 (2) (b), 32.25 (2) (c), 70.337 (7), 73.01 (4) (a), 78.01 (2) (e), 78.01 (2m) (f), 78.40 (1), 78.75 (1m) (a) 2., 78.75 (1m) (a) 3., 84.013 (3) (ye), 84.076 (5), 84.59 (2), 84.59 (6), 85.08 (4m) (e) 1., 85.20 (4m) (em) 1., 85.20 (4s), 85.24 (3) (d) (intro.), 85.243 (title), 85.243 (2) (a), 86.30 (1) (f), 86.30 (2) (a) 1., 86.30 (2) (a) 3. (intro.), 86.30 (2) (b) 1g., 86.30 (2) (b) 2., 86.30 (2) (d), 86.30 (2) (e), 86.31 (3m), 110.08 (2), 114.002 (11), 114.20 (1) (title), 114.20 (1) (a), 114.20 (1) (b), 114.20 (2) (intro.), 114.20 (5), 114.20 (9) (d), 114.20 (12), 114.20 (13) (b) 1., 114.20 (13) (b) 2., 114.20 (13) (b) 5., 114.20 (15) (b), 121.555 (2) (c) 1., 218.01 (2) (bd) 1g., 218.01 (2) (bd) 1r., 218.01 (2c) (c), 218.01 (3) (a) 24., 218.01 (3x) (b) 2., 218.01 (3x) (b) 3., 218.01 (3x) (c) 1. (intro.), 218.01 (3x) (c) 2., 218.01 (7m) (a), 218.01 (7m) (c), 340.01 (7m), 340.01 (7r), 341.14 (6r) (b) 2., 341.14 (6r) (b) 4., 341.45 (title), 341.45 (1g) (a), 341.45 (1g) (b), 341.45 (5), 343.02 (1), 343.03 (1) (a), 343.03 (1) (b), 343.03 (5), 343.05 (2) (a) 2., 343.05 (2) (c), 343.055 (5), 343.06 (1) (c), 343.06 (2), 343.065 (title), 343.065 (1), 343.065 (2), 343.10 (2) (a) 1., 343.10 (10) (a), 343.12 (2) (h), 343.16 (1) (a), 343.17 (3) (e) 1., 343.21 (1) (g), 343.23 (2), 343.245 (3) (b) 3. and 4., 343.245 (4) (b), 343.28 (1), 343.28 (2), 343.305 (10) (em), 343.315 (2) (f) (intro.), 343.315 (3) (a), 343.315 (3) (b), 343.32 (4), 343.325 (title), 343.325 (2), 343.325 (3), 343.325 (3m), 343.325 (4), 343.325 (5), 343.325 (6) (a), 343.44 (title), 343.44 (1), 343.44 (3), 344.12, 344.14 (2) (e), 346.70 (1), 348.05 (2) (c), (k) and (L), 348.15 (3) (bg), (br), (bv) and (e), 348.175, 348.19 (2) (b) and (4), 348.27 (4), (9m) and (9r) and 967.055 (2) (a); to repeal and recreate 20.005 (3) (schedule), 20.395 (2) (bq) (title), 32.05 (8) (a), 114.20 (5), 114.20 (13) (b) 1., 114.20 (13) (b) 2. and 343.03 (1) (title); and to create 20.395 (1) (au), 20.395 (1) (bs), 20.395 (1) (bw), 20.395 (3) (aq), 20.395 (3) (cr), 78.005 (13g), 84.01 (30), 84.013 (3) (kb) to (km), 85.20 (4m) (a) 1. to 3., 85.20 (4m) (b) 2. a. to d., 85.20 (7), 85.243 (2) (b) 5., 85.26 (2) (a) 2., 86.30 (2) (a) 3. e., 86.30 (2) (a) 3. f., 86.30 (9) (b) 1. and 2., 86.30 (9) (c) 1. and 2., 86.30 (9) (d), 86.307, 114.20 (9m) (intro.), chapter 140, 341.21, 341.45 (4g), 343.01 (2) (cb), 343.01 (2) (d), 343.05 (2) (c) 2., 343.14 (3) (b) and (c), 343.16 (2) (f), 343.21 (1) (jm), 343.21 (1) (m), 343.245 (3) (b) 5., 343.315 (2) (fm), 343.315 (2) (h), 343.315 (2) (i) and 343.44 (4r) of the statutes; relating to: state finances and appropriations for the department of transportation; creating an oil company franchise fee; taxation of motor vehicle fuel that is not sold for use on highways; motor vehicle fuel and alternate fuel taxes and qualified motor vehicles; authorizing construction of additional major highway projects; creating a seasonal highway rehabilitation program; environmental clean-up activities on lands acquired by the department of transportation; vehicle weight and width limit exceptions on a part of the national system of interstate and defense highways; numerous changes to the classified driver license system and commercial motor vehicle operation; eligibility for an occupational license; the driving skills test required of applicants for operators' licenses; demerit point reduction for completion of a rider course relating to Type 1 motorcycle operation; vehicle accidents resulting in property damage; performance of motor vehicle registration and titling functions by motor vehicle dealers; the fee for issuance or reissuance of special distinguishing motor vehicle registration plates; permitting the department of transportation to make, record and use digitized images of applicants for operators' licenses and identification cards; local transportation aids; the funding of the urban mass transit operating assistance program; reimbursement for town road improvements under the local roads improvement program; authorizing the department of transportation to conduct projects under the surface transportation discretionary grants program; the employment transit assistance program; the registration period and fees applicable to aircraft; the obligation of a condemnor to make available a comparable replacement business to a person displaced from a business as a result of condemnation; delaying the expiration date of the disadvantaged business demonstration and training program; exempting railroad property acquired by the department of transportation from the tax-exempt property reporting requirement; granting bonding authority; providing an exemption from emergency rule procedures; granting rule-making authority; making appropriations; and providing penalties.
Analysis by the Legislative Reference Bureau
Introduction
This bill contains the governor's recommendations for appropriations from segregated funds and from the general fund for the department of transportation (DOT) for the 1995-97 fiscal biennium.
The bill repeals and recreates the appropriation schedule in chapter 20 of the statutes as it relates to s. 20.395, stats., thereby setting the appropriation levels for DOT for the 1995-97 fiscal biennium. With minor exceptions, the bill does not affect appropriations other than those for DOT. The descriptions that follow relate to the most significant changes in the law proposed in the bill. In most cases, changes in the amounts of existing spending authority are not discussed.
For additional information concerning this bill, see the legislative reference bureau's drafting files that contain separate drafts on each policy item.
Transportation
Transportation revenue
This bill creates an oil company franchise fee, which is imposed on persons who import motor vehicle fuel into this state; produce, refine or manufacture motor vehicle fuel in this state; or acquire motor vehicle fuel immediately after it is imported into this state. The fee is an amount equal to 4.85% of the average weighted retail price per gallon for the sale of motor vehicle fuel in this state. "Average weighted retail price" means $1.10 for motor vehicle fuel received at terminals between October 1, 1995, which is the effective date of the fee, and March 31, 1997. For motor vehicle fuel received on April 1, 1997, and thereafter, "average weighted retail price" means that price per gallon as determined by a method established by the department of revenue by rule within the range of $1.10 and $1.30, except that the lower and upper limits are indexed annually as of April 1 to reflect the change in the consumer price index during the previous year. Dyed diesel fuel; fuel exported from this state; and fuel shipped from storage at a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of manufacture to another entity of those types is exempt.
The proceeds of this fee are deposited in the transportation projects fund and may be pledged for bonds for that purpose.
Under current law, diesel fuel sold for off-highway use is exempt from the motor vehicle fuel tax. Under this bill, diesel fuel sold for off-highway use in a snowmobile, an all-terrain vehicle that is not registered for private use or a recreational motorboat is taxable.
Under current law, the tax on alternate fuels attaches at the time that the fuel is delivered into the tank of a motor vehicle or, if it is not delivered that way, at the time that the fuel is used. Under this bill, the tax also attaches at the time that the fuel is delivered into the fuel tank of a snowmobile, all-terrain vehicle that is not registered for private use or motorboat.
Under current law, refunds for motor vehicle fuel taxes or alternate fuel taxes paid on fuel used in motorboats, except those registered as motor vehicles, may not be claimed. This bill allows claims for taxes paid for fuel used in nonrecreational motorboats.
Under current law, any person who operates a certain type of motor vehicle for the transportation of persons or property in this state is required to pay a Wisconsin motor vehicle fuel or alternate fuels tax on the gallons of fuel that were purchased or obtained outside this state and which are consumed by the vehicle while being operated in this state. This bill authorizes DOT to issue a 72-hour fuel trip permit at a fee of not less than $15 to a person who would otherwise be required to pay the Wisconsin motor vehicle fuel or alternate fuels tax. DOT is required to promulgate rules regarding the issuance and use of these permits.
Highways
Current law requires that any major highway project, unlike other construction projects undertaken by DOT, receive the approval of the transportation projects commission (TPC) and the legislature before the project may be constructed. A major highway project is a project having a total cost of more than $5,000,000 and involving construction of a new highway 2.5 miles or more in length; reconstruction or reconditioning of an existing highway that relocates at least 2.5 miles of the highway or adds one or more lanes 5 miles or more in length to the highway; or improvement of an existing multilane divided highway to freeway standards. There are currently 66 enumerated major highway projects approved for construction.
This bill adds 3 major highway projects recommended by TPC to the list of enumerated projects.
This bill creates a seasonal highway rehabilitation program to rehabilitate highways located in the northern part of the state, on which any special or seasonal weight limitation applies.
This bill permits DOT to fund environmental clean-up activities on lands acquired by DOT that are not eligible to receive funding for the environmental clean-up activities as part of a highway improvement project.
Current law imposes weight and width limitations for vehicles operating on highways in this state and specifies exceptions to those vehicle weight or width limits. Certain vehicle weight and width limit exceptions do not apply or are further restricted on highways that are part of the national system of interstate and defense highways. These exceptions include width limitations for farm tractors and weight limitations for the transportation of raw forest and agricultural products or of metallic or nonmetallic scrap.
This bill provides that, for purposes of vehicle weight and width limit exceptions, USH 51 between Wausau and the I 90/94 interchange near Portage is not part of the national system of interstate and defense highways upon its federal designation as I 39.
Drivers and motor vehicles
Under current law, DOT administers a classified driver license system to implement the requirements of the federal commercial motor vehicle safety act of 1986. The classified driver license system provides a comprehensive single license authorizing the operation of specific classes and types of motor vehicles, including commercial motor vehicles. In addition, DOT disqualifies any driver who has committed certain serious traffic-related offenses from operating a commercial motor vehicle for a certain period of time, up to a lifetime disqualification.
This bill makes numerous changes to the classified driver license system. These changes include:
1. Creating new disqualifications for certain offenses relating to a commercial driver license application and for operating a commercial motor vehicle while ordered out-of-service for certain alcohol-related offenses. The bill imposes a longer period of disqualification for an out-of-service violation if the person was operating a hazardous materials transporter or a vehicle designed to carry, or which was actually carrying, 16 or more persons.
2. Requiring a person operating, upon a highway in this state, motorized construction equipment that is designed principally for off-road use, to possess a valid Wisconsin driver's license. The motorized construction equipment operator is exempt from any commercial driver licensing requirements. Current law exempts such operators from all licensing requirements of DOT.
3. Changing restricted commercial driver licenses to prohibit only the operation of commercial motor vehicles in interstate commerce, rather than prohibiting commercial motor vehicle operation outside this state and in interstate commerce.
4. Increasing the fine that may be imposed on an employer who knowingly allows or authorizes an employe to operate a commercial motor vehicle when the employe is not validly authorized to operate the commercial motor vehicle. The penalty is increased from a fine of not more than $5,000 to a fine of not less than $2,500 nor more than $10,000.
5. Making ineligible for an occupational license any person whose license or operating privilege was revoked or suspended within the previous year for a controlled substances violation or a violation of the financial responsibility laws of this state.
Under current law, an applicant for a driver's license to operate "Class D" vehicles (all noncommercial motor vehicles except Type 1 motorcycles) is required to successfully complete a knowledge test and a driving skills test. An instructor in a driver education course in a public school, private school, or technical college approved by the technical college system board may, if permitted by DOT, administer the knowledge test to students in the driver education course and certify the results to DOT. These instructors are not permitted to administer the driving skills test.
This bill permits DOT, by rule, to waive the driving skills test of an applicant for a driver's license to operate "Class D" vehicles who is under 18 years of age, has successfully completed an enhanced driver education course approved by the department of public instruction or the technical college system board, and whose instructor in that course certifies that the applicant satisfied the driving skills requirements of the course. This waiver provision applies only to driver education courses in public schools, private schools and technical colleges.
Current law permits the secretary of transportation to suspend or revoke a person's operating privilege for repeated violations of state or local traffic laws. The secretary is authorized to establish a schedule of demerit points based on the seriousness of various traffic convictions. The secretary is required to reduce the accumulated demerit points assessed against a person by up to 3 points if the person successfully completes a rider course on motorcycle operation approved by the secretary. Point reduction applies only to demerit points assessed for violations committed before completion of the rider course while the person was driving or operating a Type 1 motorcycle and may not occur more than once.
This bill removes the prohibition against such point reduction occurring more than once per person.
Under current law, the operator of a vehicle involved in an accident resulting in total damage of $500 or more to a publicly owned vehicle or to private property must report the accident as soon as possible to the state patrol or to the law enforcement agency of the jurisdiction where the accident occurred. Failure to report an accident may result in a forfeiture of not less than $40 nor more than $200 or, for a 2nd or subsequent offense within a year, a forfeiture of not less than $200 nor more than $500.
Current law requires DOT to notify the operator or owner of a motor vehicle who is involved in an accident that results in property damage of $500 or more that he or she must submit to DOT a deposit of security for the accident. A deposit of security is not required if the person can provide proof of financial responsibility (an applicable motor vehicle liability insurance policy or bond in effect at the time of the accident providing minimum levels of liability insurance for bodily injury and property damage). With certain exceptions, failure to provide a deposit of security or proof of financial responsibility after an accident results in revocation of the operator's motor vehicle operating privilege or of the registration of any vehicles registered by the owner of the vehicle involved in the accident.
This bill raises the minimum property damage for these provisions from $500 to $1,000.
Under current law, a motor vehicle dealer may accept from a vehicle purchaser applications and any required fees for registration or titling of the vehicle. The dealer must forward the application and fees to DOT within 7 days after the vehicle sale. DOT processes each application and forwards the applicable certificate of registration or titling to the purchaser.
This bill allows a motor vehicle dealer, by contract with DOT, to accept and process applications, and any applicable fees, for vehicle registration or title, and to issue certificates of registration, certificates of title, registration stickers and license plates. DOT may allow a motor vehicle dealer to charge an applicant a fee for such services.
Currently, members of authorized special groups may obtain special distinguishing registration plates for certain vehicles registered with DOT that are owned or leased by special group members. Special plates may be obtained for automobiles, station wagons, motor homes and certain dual purpose motor homes, farm trucks and dual purpose farm trucks. In addition to the regular registration fee for the particular kind of vehicle, no fee is assessed to issue or reissue special plates associated with endangered resources, $15 is assessed to issue or reissue special plates related to certain campuses of the University of Wisconsin System and $10 is assessed to issue or reissue all other special distinguishing registration plates.
This bill provides that a fee of $15 be assessed for the issuance or reissuance of all special distinguishing registration plates, including endangered resources special plates.
Under current law, DOT is required to take a photograph of any applicant for a driver's license or identification card and affix the photograph to the driver's license or identification card issued to that applicant.
This bill authorizes DOT to take and use a digitized image of an applicant in addition to, or in place of, a photograph for use on a driver's license or identification card issued to that applicant. The bill also requires that any photograph, including a digitized image, be kept confidential by DOT and be used only by DOT, by authorized law enforcement authorities, by state agencies, by federal agencies or as the applicant may direct.
Transportation aids
Under current law, DOT administers a local transportation aids program. Under the program, DOT makes aid payments to a county based on a share of costs formula for counties, and to a municipality (city, village or town) based on the greater of a share of costs formula for municipalities or an aid rate per mile ($1,350 for 1995).
This bill provides that only towns are eligible for mileage-based aid under the program; aid payments to cities and villages are based solely on the share of costs formula for municipalities. The aid rate per mile for towns is increased to $1,415 in 1996 and to $1,480 for 1997 and thereafter.
Under current law, DOT pays 42% of the operating expenses of an urban mass transit system if the local public body that provides the mass transit system is eligible for aid under the urban mass transit operating assistance program. DOT also makes supplemental operating assistance payments to eligible systems with annual operating expenses greater than $20,000,000 and an annual ridership of more than 7,000,000 one-way trips.
This bill revises the funding formula for the program and eliminates supplemental operating assistance payments. Under the bill, DOT makes state aid payments sufficient to ensure that the combination of state and federal aids contributed toward the operating expenses of an urban mass transit system equals the uniform percentage established by DOT for the mass transit system. The bill requires DOT to establish uniform percentages for each of the following: 1) mass transit systems in urban areas having a population of less than 50,000; 2) mass transit systems in urban areas having a population between 50,000 and 200,000; and 3) mass transit systems in urban areas having a population of more than 200,000.
The bill also requires DOT to establish, by rule, cost-efficiency standards for urban mass transit systems and, if a mass transit system incurs costs inconsistent with those standards, to exclude those costs from operating expenses for purposes of mass transit aid or to reduce the amount of aid for the mass transit system under the program. DOT is given emergency rule-making authority to establish the cost-efficiency standards.
Currently, under the urban mass transit operating assistance program, each applicant is required to make a local contribution, exclusive of user fees, equal to at least 20% of the state aid allocations under the program. Any applicant that is served solely by a shared-ride taxicab system is not required to make a local contribution.
This bill requires any eligible applicant that is served solely by a shared-ride taxicab system to make a local contribution, exclusive of user fees, equal to at least 5% of the state aid allocations under the program for 1996, at least 10% of the state aid allocations under the program for 1997, at least 15% of the state aid allocations under the program for 1998 and at least 20% of the state aid allocations under the program for calendar year 1999 and thereafter.
This bill increases the level of revenue bonding for major highway projects and transportation administrative facilities from $950,834,000 to $1,074,514,500, of which not more than $1,031,634,300 may be used to fund such projects and facilities.
Under current law, DOT administers a local roads improvement program to reimburse counties, cities, villages and towns for up to 50% of eligible costs of local road improvements (highway construction projects with a projected design life of at least 10 years and highway feasibility studies). Under an entitlement formula, town road improvements are eligible for 28.5% of the funds available for reimbursements. In addition, $500,000 is allocated in each fiscal year for the reimbursement of town road improvements with eligible costs of not less than $100,000 notwithstanding any reimbursements made under the existing entitlement formula.
This bill increases this allocation in each fiscal year from $500,000 to $1,000,000.
Under current law, DOT administers a surface transportation discretionary grants program. Under the program, DOT annually may award grants to local public bodies for surface transportation projects that promote nonhighway use or otherwise supplement existing transportation activities. Specific conditions apply to the awarding of grants to any local public body in an urbanized area served by a metropolitan planning organization (an organization that develops transportation plans and programs).
This bill permits DOT to conduct surface transportation projects under the program or to award grants to other state agencies for such projects.
Under current law, DOT administers an employment transit assistance program to provide transit assistance related to access to employment locations and the development of innovative transit service methods. Under the program, DOT may conduct projects with these objectives or may contract with an eligible applicant (a local public body or a private organization) to conduct a project. DOT may make grants to eligible applicants to conduct a project or to match a federal grant for a project. Grants by DOT may not exceed 80% of the cost of a project.
