SB360: Text as Enrolled

2015 WISCONSIN ACT

An Act relating to: modifying and repealing various rules promulgated by the Department of Transportation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB360,1 Section 1. Trans 28.04 (2) of the administrative code is amended to read:

Trans 28.04 (2) Eligible projects shall be located only in Great Lakes or Mississippi River system harbors where vessels take on or discharge a combined total of more than 1,000 tons of commercial cargo per year; where commercial, naval or recreational vessels are built; where passenger or vehicle-carrying ferry service connects the Wisconsin communities along the Great Lakes and Mississippi River, or connects the Wisconsin mainland with other states, Canadian provinces or populated islands in Wisconsin or where commercial fishing vessels unload fish. The U.S. army corps of engineers' Army Corps of Engineers' annual tonnage figures shall be the basis for the tonnage determination; where tonnage figures are not available, the eligible applicant shall provide tonnage figures based on auditable records.

SB360,2 Section 2. Trans 28.06 (1) of the administrative code is amended to read:

Trans 28.06 (1) The department shall annually establish deadlines for filing harbor assistance project applications and shall give appropriate notice of the deadlines. Notice shall be by regular or electronic mail, sent to every eligible applicant that has met the planning requirements under s. Trans 28.10. The department shall issue notice of the grant awards within 180 days after an application deadline. No grant funds may be committed to an eligible applicant until a grant agreement is negotiated and signed by the department and the eligible applicant.

SB360,3 Section 3. Trans 28.07 (2) of the administrative code is amended to read:

Trans 28.07 (2) For projects funded in part by the U.S. army corps of engineers Army Corps of Engineers, the state share may not exceed 50% of the non-federal nonfederal share of the project costs.

SB360,4 Section 4. Trans 28.07 (3) of the administrative code is amended to read:

Trans 28.07 (3) For projects with federal funding, other than those projects funded in part by the U.S. army corps of engineers Army Corps of Engineers as described in sub. (2), the state share may not exceed 80% of the non-federal nonfederal share of project costs; furthermore, the minimum eligible applicant share shall be no less than 10% of project costs.

SB360,5 Section 5. Trans 28.09 (4) of the administrative code is amended to read:

Trans 28.09 (4) The eligible applicant shall submit an application to the department by August 1 in order to receive primary consideration for funding during the following calendar year. If funds are available, applications may be submitted by March 15, 1985, and by February August 1 of each year thereafter, for funding in the same calendar year. The department may waive the requirements in this subsection for emergency repair projects.

SB360,6 Section 6. Trans 31.02 (2) of the administrative code is renumbered Trans 31.02 (15m) and amended to read:

Trans 31.02 (15m) “BR&H RHS" means the bureau of railroads and harbors section within the department.

SB360,7 Section 7. Trans 31.03 (1) (note) of the administrative code is amended to read:

Trans 31.03 (1) (note) Applications may be submitted to BR&H RHS, 4802 Sheboygan Avenue, P. O. Box 7914, Madison, Wisconsin 53707-7914.

SB360,8 Section 8. Trans 31.03 (5) (a) of the administrative code is amended to read:

Trans 31.03 (5) (a) BR&H RHS shall review an application and notify the applicant of approval or denial of the application within 21 days following receipt of a complete application.

SB360,9 Section 9. Trans 31.03 (5) (c) of the administrative code is amended to read:

Trans 31.03 (5) (c) BR&H RHS may require additional information from an applicant to complete its review of an application. If an application is received at least 45 days prior to the date of the first planned operation, BR&H RHS shall have 21 days from the receipt of the additional information to render its decision about the application.

SB360,10 Section 10. Trans 31.03 (5) (d) of the administrative code is amended to read:

Trans 31.03 (5) (d) BR&H RHS shall notify an applicant in writing of all deficiencies in an application, and the reasons for a denial.

SB360,11 Section 11. Trans 31.03 (6) (a) of the administrative code is amended to read:

Trans 31.03 (6) (a) An application which has been denied by BR&H RHS in accordance with sub. (5) (b) 1. may be resubmitted in compliance with this section.

SB360,12 Section 12. Trans 31.03 (6) (b) of the administrative code is amended to read:

Trans 31.03 (6) (b) An application which has been denied by BR&H RHS in accordance with sub. (5) (b) 2. or 3. may be resubmitted with the additional information identified in BR&H's RHS's letter denying the original application.

SB360,13 Section 13. Trans 31.03 (6) (c) of the administrative code is amended to read:

Trans 31.03 (6) (c) An application which has been denied by BR&H RHS in accordance with sub. (5) (b) 4. or 5. may not be resubmitted until after the sanctions imposed by s. Trans 31.07 (3) have expired.

SB360,14 Section 14. Trans 31.03 (8) of the administrative code is amended to read:

Trans 31.03 (8) Any permit issued by the department shall expire on the date specified by BR&H RHS. In no event shall a permit expire later than December 31 of the year in which the application proposes operation to commence.

SB360,15 Section 15. Trans 31.04 (1) (h) 2. of the administrative code is amended to read:

Trans 31.04 (1) (h) 2. All active grade-crossing warning devices are functional and can be operated by the equipment proposed to be used unless BR&H RHS waives this requirement in writing on the permit.

SB360,16 Section 16. Trans 31.04 (1) (k) 1. of the administrative code is amended to read:

Trans 31.04 (1) (k) 1. An Maintenance of an established escrow account approved by the department with a Wisconsin financial institution for the deposit of all amounts received from buyers in advance ticket sales.

SB360,17 Section 17. Trans 31.04 (1) (k) 2. of the administrative code is amended to read:

Trans 31.04 (1) (k) 2. A financial instrument , including a bond, a certificate of deposit, or an irrevocable letter of credit, from a Wisconsin financial institution in an amount sufficient to refund the expected advance payments for service and department administrative costs of processing refunds in the event that the excursion is not operated for any reason. The financial instrument described in this subdivision shall be established in favor of or made payable to the state, for the benefit of any buyer who does not receive a refund if performance of the event for which a ticket has been purchased has been cancelled or rescheduled. An applicant shall file with the department any agreement, instrument, or other document necessary to enforce the commitment against the sponsor or any relevant 3rd party.

SB360,18 Section 18. Trans 55.02 (2m) of the administrative code is created to read:

Trans 55.02 (2m) “Approach" means areas beyond the runway end intended to provide safe navigable airspace for aircraft arrivals and departures to and from a landing facility.

SB360,19 Section 19. Trans 55.06 (3) (a) of the administrative code is amended to read:

Trans 55.06 (3) (a) An airport owner shall maintain clear and safe runway protection zones as described in FAA advisory circular 150/5300-13, Airport Design, as amended, except for runway lighting fixtures, markers and metrological instruments whose locations are fixed by their functional purposes or a structure approved by the FAA. The owner shall establish positive control of the runway protection zones through the acquisition of fee title or avigation easement. The owner shall prevent the erection or creation of a structure or place of public assembly in the runway protection zone.

SB360,20 Section 20. Trans 55.06 (4) (a) of the administrative code is amended to read:

Trans 55.06 (4) (a) A public airport owner shall adopt the following ordinances within 6 months after receipt of a sample ordinance receiving notice from the secretary:

SB360,21 Section 21. Trans 55.06 (8) (c) of the administrative code is amended to read:

Trans 55.06 (8) (c) The airport layout plan and each amendment, revision or modification to the plan shall be subject to the approval of the secretary, which approval shall be evidenced by the signature of a duly authorized representative of the secretary on the face of the airport layout plan. The airport owner may not make or permit a change or alteration in the airport or in any of its facilities other than in conformity with the airport layout plan as approved by the secretary if the changes or alterations might adversely affect the safety, utility or efficiency of the airport.

SB360,22 Section 22. Trans 56.04 (3) (b) 3. of the administrative code is repealed and recreated to read:

Trans 56.04 (3) (b) 3. Latitude and longitude coordinates of the proposed structure.

SB360,23 Section 23. Trans 56.04 (3) (b) 4. of the administrative code is repealed.

SB360,24 Section 24 . Trans 56.04 (3) (b) 5. to 9. of the administrative code are renumbered Trans 56.04 (3) (b) 4. to 8.

SB360,25 Section 25 . Trans 56.05 (1) of the administrative code is amended to read:

Trans 56.05 (1) All marking and lighting shall be in accordance with the standards prescribed in the FAA publication, AC 70/7460-1H, "Obstruction Marking and Lighting," as amended latest FAA obstruction marking and lighting standards. The applicant shall comply with designated FAA and FCC marking and lighting.

SB360,26 Section 26. Trans 57.04 (1) (b) of the administrative code is amended to read:

Trans 57.04 (1) (b) A displaced threshold shall be marked similar to attached diagram B for runways with other than paved surfaces. Runways with paved surfaces shall be marked in accordance with the latest FAA advisory circular 150/5340-1G, "Standards for Airport Markings," September 27, 1993 marking standards. In addition, if the runway is lighted, the displaced threshold it shall be lighted in accordance with FAA advisory circular 150/5340-24, "Runway and Taxiway Edge Lighting System," September 3, 1975. It applies to low intensity runway lighting systems and medium intensity systems the latest FAA lighting standards.

SB360,27 Section 27. Trans 57.05 (2) (f) of the administrative code is amended to read:

Trans 57.05 (2) (f) FR IFR and VFR traffic considerations. A certificate of site approval may be denied if the proposed site underlies the airspace in the primary approach area for an instrument approach, and the traffic pattern altitude conflicts with published altitudes for the approach.

SB360,28 Section 28. Trans 100.01 (2) (note) of the administrative code is amended to read:

Trans 100.01 (2) (note) For purposes of accident reporting, at least one car, truck, bus, or motorcycle must be in transport for the department to consider the accident reportable. For information on occupational licenses, see s. Trans 117.03 (2) (k). Forms used in this chapter are MV 3038 resolution authorizing power of attorney under ch. 344, Stats., MV 3039 minors release, MV 3041 release of liability, MV 3044 evaluation of property damage, MV 3045 evaluation of personal injuries, MV 3046 evaluation of motor vehicle damage, MV 3069 application for self-insurance, MV 3070 safety responsibility self-insurance certificate, MV 3100 notice of incomplete report, MV 3128 installment agreement to pay damages, MV 3343 compliance notification, MV 3347 emergency vehicle involvement, MV 3384 safety responsibility information, MV 3385 informational letter to injured party, and MV 3387 reinstatement instructions, MV 4000 Wisconsin motor vehicle accident report. Forms may be obtained, free of charge, from Wisconsin Department of Transportation, Traffic Accident Section, P.O. Box 7919, Madison, WI 53707-7919.

SB360,29 Section 29. Trans 100.03 (3) of the administrative code is amended to read:

Trans 100.03 (3) The department shall assume that all accident reports it receives from enforcement agencies or operators meet the reporting criteria of s. 346.70 (1), Stats., or the minimum requirements for safety responsibility act under s. 343.12 344.12, Stats. An accident report filed by a police agency for an accident that is not reportable shall be returned to the reporting agency. A report from another source for an accident that is not reportable shall be discarded. If the department determines from credible evidence received, which could include property damage estimates or signed statements, that an accident that has been abstracted as part of a driver's record is not reportable, the accident will not be included in a public abstract of the driver's driver record maintained under s. 343.23, Stats.

SB360,30 Section 30. Trans 100.07 (1) (note) of the administrative code is repealed.

SB360,31 Section 31. Trans 100.07 (2) (a) of the administrative code is amended to read:

Trans 100.07 (2) (a) If the department determines that one or more people involved in an accident were uninsured, the department may mail evaluation reports to all other persons involved in the accident. The date on which the department first mails evaluation reports to any person shall be considered the “mailing date" under this subsection. The department shall mail the evaluation reports to the address provided in the accident report.

SB360,32 Section 32. Trans 100.07 (2) (b) (intro.) and 2. (intro) of the administrative code are consolidated, renumbered Trans 100.07 (2) (b) (intro.) and amended to read:

Trans 100.07 (2) (b) (intro.) In determining the amount of security required: 2. The the department may shall consider an evaluation report filed with the department more than 21 days after the mailing date if it meets all of the following requirements:

SB360,33 Section 33. Trans 100.07 (2) (b) 1. of the administrative code is repealed.

SB360,34 Section 34. Trans 100.07 (2) (b) 2. a. and b. of the administrative code are renumbered Trans 100.07 (2) (b) 1m. and 2m.

SB360,35 Section 35. Trans 100.07 (5) of the administrative code is amended to read:

Trans 100.07 (5) The department shall make a determination of the amount of security required for an accident within 90 days of receiving an accident report one year of the date of the accident, or at such later date as individual circumstances of an accident may require.

SB360,36 Section 36. Trans 100.07 (6) (b) 2. of the administrative code is repealed.

SB360,37 Section 37. Trans 100.07 (6) (b) 5. of the administrative code is created to read:

Trans 100.07 (6) (b) 5. The uninsured has complied with neither Trans 100.12 nor 100.13.

SB360,38 Section 38. Trans 100.08 (7) (b) of the administrative code is amended to read:

Trans 100.08 (7) (b) More than one year after the date of deposit or date of suspension, whichever is later earlier, has passed and no notice of the commencement of a court action has been filed by a party in interest. In calculating the time period under this subsection, any period of time a claimant was stayed from commencing an action against the owner, operator or bond because of a bankruptcy proceeding may not be considered.

SB360,39 Section 39. Trans 100.10 (7) of the administrative code is amended to read:

Trans 100.10 (7) Hearings shall be informal. Hearsay and documentary evidence may be received by the hearing examiner and relied upon as the basis for a decision. Telephone testimony Testimony of persons involved in the accident may not be permitted by telephone, electronic submission of documents, or other remote communication method.

SB360,40 Section 40. Trans 100.18 (1) (e) of the administrative code is amended to read:

Trans 100.18 (1) (e) More than 20 5 years from the entry date of the judgment have elapsed.

SB360,41 Section 41. Trans 106.02 (4) of the administrative code is repealed.

SB360,42 Section 42. Trans 106.02 (11) of the administrative code is amended to read:

Trans 106.02 (11) “Satisfactory driving record" means a driving record that does not contain moving violations which result in more than 6 demerit points within a one year period, by date of violation, or does not indicate that the applicant was, within one year, by date of violation, causally negligent in 2 or more traffic collisions or does not contain a conviction for OWI or any OWI-related charge within one year. Out-of-state traffic convictions and accidents shall be treated as though they occurred in Wisconsin.

SB360,43 Section 43. Trans 106.02 (12) of the administrative code is amended to read:

Trans 106.02 (12) “School" means an institution providing one or more of the programs defined in sub. (4), (5), (6) or (7) (8) and authorized under s. 345.60, Stats.

SB360,44 Section 44. Trans 106.03 (3) (a) of the administrative code is amended to read:

Trans 106.03 (3) (a) Only one group dynamics traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district. This paragraph does not apply to a program provided by an accredited institution of higher education operated by a federally recognized American Indian tribe or band in this state.

SB360,45 Section 45. Trans 106.03 (4) (a) of the administrative code is amended to read:

Trans 106.03 (4) (a) Only one multiple offender traffic safety school program may be certified in each WTC district unless the department determines that there is a need for additional programs in a district. This paragraph does not apply to a program provided by an accredited institution of higher education operated by a federally recognized American Indian tribe or band in this state.

SB360,46 Section 46. Chapter Trans 113 (title) of the administrative code is amended to read:

CHAPTER TRANS 113

ADMINISTRATIVE SUSPENSION OF
OPERATING PRIVILEGE FOR OPERATING
A MOTOR VEHICLE WITH A PROHIBITED
ALCOHOL CONCENTRATION
OR A DETECTABLE AMOUNT OF A
RESTRICTED CONTROLLED SUBSTANCE