AB402: Bill Text

LRB-3178/1

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.

AB402,4,3 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.