1995 Wisconsin Act 113

113,190 Section 190 . 343.325 (3) of the statutes is amended to read:

343.325 (3) Whenever suspension or revocation of an operating privilege or a disqualification has been withheld as provided in sub. (2) and the department receives notice that the conviction in question has been affirmed on appeal or that the appeal has been dropped, the secretary shall suspend or revoke such operating privilege or disqualify the person from operating a commercial motor vehicle on the same basis as if the appeal had not been taken, but the period of suspension or, revocation or disqualification shall run from the date of suspension or, revocation or disqualification following the affirmance of the conviction or dropping of the appeal, less any time the operating privilege had been suspended or revoked or the authorization to operate a commercial motor vehicle had been disqualified prior to the receipt by the secretary of the certificate under sub. (2).

113,191 Section 191 . 343.325 (3m) of the statutes is amended to read:

343.325 (3m) Whenever the suspension or revocation of an operating privilege or a disqualification has been rescinded or withheld because of administrative action, an appeal, or a court order to reopen, stay or vacate a conviction, suspension or, revocation or disqualification, and that suspension or, revocation or disqualification is subsequently reimposed, the period of suspension or, revocation or disqualification so reimposed shall be reduced by the period of suspension or, revocation or disqualification previously served.

113,192 Section 192. 343.325 (4) of the statutes is amended to read:

343.325 (4) If a person whose suspension or, revocation or disqualification was stayed pursuant to sub. (2) is convicted of an offense for which revocation or disqualification is mandatory under s. 343.31 or 343.315, during the pendency of the appeal of the original conviction, the secretary shall forthwith revoke such person's operating privilege or disqualify the person from operating a commercial motor vehicle on account of the latter conviction, notwithstanding the appeal of either or both convictions.

113,193 Section 193 . 343.325 (5) of the statutes is amended to read:

343.325 (5) This section shall not prevent suspension or revocation of an operating privilege or a disqualification if there are grounds for suspension or, revocation or disqualification other than the conviction in question.

113,194 Section 194 . 343.325 (6) (a) of the statutes is amended to read:

343.325 (6) (a) If a court enters an order reopening, vacating or staying a conviction or a suspension or revocation of an operating privilege or a disqualification, the court shall promptly forward a copy of that order to the department.

113,195 Section 195 . 343.44 (title) of the statutes is amended to read:

343.44 (title) Driving while disqualified, out of service or ordered out-of-service or after license revoked or suspended.

113,196 Section 196 . 343.44 (1) of the statutes is amended to read:

343.44 (1) No person whose operating privilege has been duly revoked or suspended pursuant to the laws of this state shall operate a motor vehicle upon any highway in this state during such suspension or revocation or thereafter before filing proof of financial responsibility or before that person has obtained a new license in this state, including an occupational license, or the person's operating privilege has been reinstated under the laws of this state. No person may operate a commercial motor vehicle while ordered out-of-service as provided in s. 343.305 (7) (b) or (9) (am) under state or federal law. No person may operate a commercial motor vehicle after March 31, 1992, while disqualified as provided in s. 343.315.

113,197 Section 197 . 343.44 (3) of the statutes is amended to read:

343.44 (3) Refusal to accept or failure to receive an order of revocation or, suspension or disqualification mailed by 1st class mail to such person's last-known address shall not be a defense to the charge of driving after revocation or, suspension or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation or, suspension or disqualification shall not be a defense to the charge of driving after revocation or, suspension or disqualification.

113,198 Section 198 . 343.44 (4r) of the statutes is created to read:

343.44 (4r) In addition to other penalties for violation of this section, if a person has violated this section after he or she was ordered out-of-service under state or federal law, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).

113,199 Section 199 . 344.12 of the statutes is amended to read:

344.12 Applicability of provisions relating to deposit of security for past accidents. Subject to the exceptions contained in s. 344.14, the provisions of this chapter requiring deposit of security and requiring revocation for failure to deposit security apply to the operator and owner of every motor vehicle which is in any manner involved in an accident in this state which has resulted in bodily injury to or death of any person or damage to property of any other person in excess of $500 $1,000.

113,200 Section 200 . 344.14 (2) (e) of the statutes is amended to read:

344.14 (2) (e) To the operator or owner of a vehicle involved in an accident wherein no injury was caused to the person of anyone other than such operator or owner and wherein damage to property of any one person other than such operator or owner did not exceed $500 $1,000.

113,201 Section 201 . 346.70 (1) of the statutes is amended to read:

346.70 (1) Immediate notice of accident. The operator of a vehicle involved in an accident resulting in injury to or death of any person, any damage to state or other government-owned property, except a state or other government-owned vehicle, to an apparent extent of $200 or more or total damage to property owned by any one person or to a state or other government-owned vehicle to an apparent extent of $500 $1,000 or more shall immediately by the quickest means of communication give notice of such accident to the police department, the sheriff's department or the traffic department of the county or municipality in which the accident occurred or to a state traffic patrol officer. In this subsection, “injury" means injury to a person of a physical nature resulting in death or the need of first aid or attention by a physician or surgeon, whether or not first aid or medical or surgical treatment was actually received; “total damage to property owned by one person" means the sum total cost of putting the property damaged in the condition it was before the accident, if repair thereof is practical, and if not practical, the sum total cost of replacing such property. For purposes of this subsection if any property which is damaged is held in a form of joint or multiple ownership, the property shall be considered to be owned by one person.

113,202 Section 202. 348.15 (3) (bg), (br), (bv) and (e) of the statutes are amended to read:

348.15 (3) (bg) In the case of a vehicle or combination of vehicles transporting exclusively milk from the point of production to the primary market and the return of dairy supplies and dairy products from such primary market to the farm, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,000 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 2,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

(br) In the case of a vehicle or combination of vehicles transporting exclusively peeled or unpeeled forest products cut crosswise or in the case of a vehicle or combination of vehicles transporting exclusively scrap metal, the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

(bv) In the case of a vehicle or combination of vehicles used primarily for the transportation of septage, as defined in s. 144.08 (1) (a), the gross weight imposed on the highway by the wheels of any one axle may not exceed 21,500 pounds or, for 2 axles 8 or less feet apart, 37,000 pounds or, for groups of 3 or more consecutive axles more than 9 feet apart, a weight of 4,000 pounds more than is shown in par. (c) or, for groups of 4 or more consecutive axles more than 10 feet apart, a weight of 6,000 pounds more than is shown in par. (c) or, for groups of 5 or more consecutive axles more than 14 feet apart, a weight of 7,000 pounds more than is shown in par. (c), but not to exceed 80,000 pounds. This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

(e) Notwithstanding pars. (a), (b) and (c), in the case of a vehicle or combination of vehicles transporting exclusively livestock, the gross weight imposed on the highway by the wheels of any one axle or axle group may exceed the applicable weight limitation specified in pars. (a), (b) and (c) by 15% if the gross weight of the vehicle or combination of vehicles does not exceed the maximum gross weight specified for that vehicle or combination of vehicles under par. (c). This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

113,203 Section 203 . 348.175 of the statutes is amended to read:

348.175 Seasonal operation of vehicles hauling peeled or unpeeled forest products cut crosswise or abrasives or salt for highway winter maintenance. The transportation of peeled or unpeeled forest products cut crosswise or of abrasives or salt for highway winter maintenance in excess of gross weight limitations under s. 348.15 shall be permitted during the winter months when the highways are so frozen that no damage may result thereto by reason of such transportation. If at any time any person is so transporting such products or abrasives or salt upon a class “A" highway in such frozen condition then that person may likewise use a class “B" highway without other limitation, except that chains and other traction devices are prohibited on class “A" highways but such chains and devices may be used in cases of necessity. The officers or agencies in charge of maintenance of highways, upon determination of such frozen condition and freedom of damage to such highways by transportation shall declare particular highways, or highways within areas of the state as eligible for increased weight limitations. Such declaration shall include the maximum weight on each axle, combination of axles and the gross weight allowed. Any person transporting any such product over any highway of this state under this section is liable to the maintaining authority for any damage caused to such highway. This section does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

113,204 Section 204 . 348.19 (2) (b) and (4) of the statutes are amended to read:

348.19 (2) (b) If upon weighing a vehicle transporting livestock a traffic officer determines that the gross weight of the vehicle exceeds the limitations imposed by s. 348.15 or 348.16 or a limitation posted as provided in s. 348.17 (1), and if the point of apprehension is 15 miles or less from the destination of the vehicle, the traffic officer shall permit the operator of the vehicle to proceed to such destination without requiring the vehicle to be reloaded or unloaded as provided in par. (a). This paragraph does not apply to vehicles transporting livestock on the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

(4) Subsection (1) (b) shall not apply to vehicles transporting peeled or unpeeled forest products on the national, interstate or defense highway systems, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

113,205 Section 205 . 348.27 (4), (9m) and (9r) of the statutes are amended to read:

348.27 (4) Industrial interplant permits. The department may issue, to industries and to their agent motor carriers owning and operating oversize vehicles in connection with interplant, and from plant to state line, operations in this state, annual or consecutive month permits for the operation of such vehicles over designated routes, provided that such permit shall not be issued under this section to agent motor carriers or, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39, from plant to state line for vehicles or loads of width exceeding 102 inches upon routes of the national system of interstate and defense highways. If the routes desired to be used by the applicant involve city or village streets or county or town highways, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the highway in question.

(9m) Transportation of raw forest and agricultural products. The department may issue annual or consecutive month permits for the transportation of raw forest products or for the transportation of fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. This subsection does not apply to highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

(9r) Transportation of scrap. The department may issue an annual or consecutive month permit for the transportation of metallic or nonmetallic scrap for the purpose of recycling or processing on a vehicle or combination of vehicles which exceeds statutory weight or length limitations and for the return of the vehicle or combination of vehicles when empty. This subsection does not apply to the transportation of scrap on highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

113,205m Section 205m. 349.02 (3) of the statutes is created to read:

349.02 (3) (a) In this subsection, “photo radar speed detection" means the detection of a vehicle's speed by use of a radar device combined with photographic identification of the vehicle.

(b) Notwithstanding sub. (1), the state and local authorities may not use photo radar speed detection to determine compliance with any speed restriction imposed by s. 346.57, 346.58, 346.59, 346.595 or 349.11 or a local ordinance in conformity therewith.

113,206 Section 206 . 967.055 (2) (a) of the statutes is amended to read:

967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance or both, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

113,9137 Section 9137. Nonstatutory provisions; legislature.

(1gx) S tudies of the department of transportation. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a performance evaluation audit of the department of transportation. If the committee directs the legislative audit bureau to perform an audit, the committee shall determine the scope of the audit and the bureau shall file its report as described under section 13.94 (1) (b) of the statutes by September 1, 1996.

113,9146 Section 9146. Nonstatutory provisions; public service commission.

(1)  Fencing, farm crossing and cattle guard costs. The commissioner of railroads shall develop a plan for phasing in state reimbursement of 100% of the costs incurred by railroads for fencing, farm crossings and cattleguards, and shall submit a report containing findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by the first day of the 6th month beginning after the effective date of this subsection.

113,9155 Section 9155. Nonstatutory provisions; transportation.

(1) Cost-efficiency standards.

(a) In promulgating rules under section 85.20 (7) (b) of the statutes, as created by this act, the department of transportation shall establish a transit committee to assist the department in developing the cost-efficiency standards for the purposes of section 85.20 (7) (a) of the statutes, as created by this act. The transit committee shall advise the department on implementation of the cost-efficiency standards.

(b) This subsection does not apply after June 30, 1997.

(2u) Appropriation adjustments.

(a) The department of transportation shall submit to the joint committee on finance for review and approval 2 plans identifying how the department proposes to adjust its appropriations for an applicable fiscal year to reflect the actual levels of federal aid for this state for that fiscal year under the federal intermodal surface transportation efficiency act of 1991, as amended, or a substantially similar subsequent federal legislative act establishing levels of federal aid for this state. The plans shall be submitted as follows:

1. For appropriation adjustments for the 1995-96 fiscal year, not later than December 1, 1995, or 30 days after the applicable federal legislation for that fiscal year has been enacted, whichever is later.

2. For appropriation adjustments for the 1996-97 fiscal year, not later than December 1, 1996, or 30 days after the applicable federal legislation for that fiscal year has been enacted, whichever is later.

(c) The appropriation adjustments in a plan submitted under paragraph (a) may not be implemented as proposed without the approval of the joint committee on finance.

(3) Efficiency measures. By January 1, 1996, the department of transportation shall submit recommendations to the joint committee on finance if the department wishes to reallocate reductions resulting from budgetary efficiency measures and position vacancy reductions among the segregated fund revenue appropriations of the department of transportation for state operations. If the department submits recommendations under this subsection, the recommendations shall be implemented if the committee approves the recommendations, or does not schedule a meeting for the purpose of reviewing the recommendations within 14 working days after their receipt.

(3g)  Fiscal year segregated revenues certification.

(a) The department of transportation shall, by January 1, 1996, certify to the joint committee on finance the total amount of estimated segregated transportation fund revenues for fiscal year 1995-96 and for fiscal year 1996-97.

(b)  1. If the amount certified by the department under paragraph (a) for fiscal year 1995-96 exceeds $974,283,800, the difference between that certified amount and $974,283,800 shall be credited to the appropriation account under section 20.395 (3) (cq) of the statutes, as affected by this act, for fiscal year 1995-96 if the committee approves such action, or does not schedule a meeting for the purpose of reviewing the proposed action within 14 working days after such certification.

2. If the amount certified by the department under paragraph (a) for fiscal year 1996-97 exceeds $981,099,800, the difference between that certified amount and $981,099,800 shall be credited to the appropriation account under section 20.395 (3) (cq) of the statutes, as affected by this act, for fiscal year 1996-97 if the committee approves such action, or does not schedule a meeting for the purpose of reviewing the proposed action within 14 working days after such certification.

(3tx)  Study of commuter rail service. The department of transportation shall conduct a study on the feasibility of extending commuter rail service between the state of Illinois and the cities of Beloit and Janesville. The department shall submit a report summarizing its findings and recommendations no later than July 1, 1996, to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes.

(3x)  State trunk highway designation. The department of transportation shall negotiate the jurisdictional transfer of CTH “X" in Winnebago County from the county to the state. Upon completion of the transfer under this subsection, the department shall, notwithstanding section 84.02 of the statutes, mark as a new state trunk highway the route commencing at the junction of STH 44 and USH 41 in Winnebago County and proceeding southerly on STH 44 to its junction with CTH “X"; then proceeding westerly on CTH “X" to its junction with STH 116; and then proceeding westerly on STH 116 to the city of Berlin in Green Lake County.

(3y)  Transportation financing study.

(a) The department of transportation shall create a committee to study transportation financing. The committee shall consist of the following members:

1.  One member of the assembly, appointed by the speaker of the assembly.

2.  One member of the senate, appointed by the majority leader of the senate.

3.  One member of the assembly, appointed by the assembly minority leader.

4.  One member of the senate, appointed by the senate minority leader.

5.  Three members appointed by the secretary of transportation.

(b)  The committee shall study revenue sources for transportation funding, including the impact of differences in the tax rates of this state and bordering states on retailers in border areas. The committee shall also study state and local revenue sources for financing mass transit and possible alternatives to the current formulas used to distribute mass transit aid in this state. The committee shall submit a report containing its findings, conclusions, and recommendations for appropriate transportation funding sources for this state, to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor no later than July 1, 1996.

(4) Agency request. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the department of transportation shall include recommendations for statutory changes that would provide for the separation of vehicle ownership from vehicle registration, to be effective with the completion of the redesign of the vehicle registration database.

(4m)  Department records.

(a) Notwithstanding section 343.24 (2m) of the statutes, as affected by this act, the department of transportation may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this paragraph. No record may be furnished under this subsection after June 30, 1997.

(b) The department of transportation shall, no later than March 1, 1996, submit a report to each member of the joint committee on finance summarizing the terms and conditions of any contract entered into under paragraph (a). If the department enters into a contract under paragraph (a) after March 1, 1996, the department shall, prior to the next regular quarterly meeting of the joint committee on finance, submit to each member of that committee a report summarizing the terms and conditions of that contract.

(c) If, during the period of any contract entered into under paragraph (a), the department determines that the cost of providing operators' records, uniform traffic citations and motor vehicle accident reports under this subsection and section 343.24 (2m) of the statutes, as affected by this act, exceeds the total revenues received from the sale of those records, the department shall submit a report to each member of the joint committee on finance summarizing the expenditures and revenues related to the sale of those records.

(d) This subsection does not apply after June 30, 1997.

(5) Elderly and disabled transportation expenditures study. The department of transportation shall conduct a study to determine the total amount and sources of all funds expended in this state on transportation services for the elderly and disabled. On or before July 1, 1996, the department of transportation shall report the results of its study to the governor, and to the chief clerk of each house of the legislature for distribution in the manner provided under section 13.172 (2) of the statutes. All other state agencies shall cooperate with the department of transportation in conducting the study.

(6)  Repaving of I 43. The department of transportation shall repave that portion of I 43 having a tined surface beginning before Henry Clay Street and extending beyond Bender and Devon streets in Milwaukee County, no later than October 1, 1996, for the purpose of eliminating the tined surface.

(6y)  Outdoor advertising displacement compensation. The department of transportation shall, with the cooperation of the Outdoor Advertising Association and any other interested person, develop a fixed payment schedule of amounts to reimburse a person, at that person's election and in lieu of any payments under section ILHR 202.64, Wisconsin Administrative Code, who is displaced from an outdoor advertising sign by a transportation project and who is eligible for payment under section ILHR 202.64, Wisconsin Administrative Code, for expenses related to the displacement. The department shall submit the payment schedule to the cochairpersons of the joint committee on finance no later than January 1, 1996, for the approval of the joint committee on finance.

(8y)  Main Street bridge. The department of transportation shall request the federal department of transportation to make an advance commitment of future federal funds to this state for the replacement of the Main Street bridge in the city of Green Bay and to specify the amount of those funds. The department of transportation shall contract, as soon as practicable after receiving a favorable response to that request, for the replacement of that bridge.

(9xg) Positions deauthorization. The authorized FTE positions for the department of transportation for the division of highways and transportation services are decreased by 18.0 SEG positions and by 22.0 FED positions. In deauthorizing positions under this subsection, the department shall deauthorize positions vacant on the effective date of this subsection that are directly related to highway design and production functions within the division of highways and transportation services.

(10g)  Fond du Lac airport construction acceleration. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the department of transportation shall submit information concerning the appropriation under section 20.395 (2) (dq) of the statutes as though an increase of $500,000, for the purpose of accelerating the completion of airport improvement projects at the Fond du Lac County general aviation airport, by this act had not been made.

113,9242 Section 9242. Appropriation changes; natural resources.

(1) Statewide public safety radio management program. There is transferred from the appropriation account to the department of natural resources under section 20.370 (9) (mr) of the statutes, as affected by the acts of 1995, to the appropriation account to the department of transportation under section 20.395 (5) (dk) of the statutes, as affected by the acts of 1995, $52,100 in fiscal year 1996-97.

113,9255 Section 9255. Appropriation changes; transportation.

(1) Statewide public safety radio management program.

(a) There is transferred from the appropriation account to the department of transportation under section 20.395 (5) (dq) of the statutes, as affected by the acts of 1995, to the appropriation account to the department of transportation under section 20.395 (5) (dk) of the statutes, as affected by the acts of 1995, $35,500 in fiscal year 1996-97.

(b) There is transferred from the appropriation account to the department of transportation under section 20.395 (3) (cq) of the statutes, as affected by the acts of 1995, to the appropriation account to the department of transportation under section 20.395 (5) (dk) of the statutes, as affected by the acts of 1995, $16,600 in fiscal year 1996-97.