1995 Wisconsin Act 113

113,68b Section 68b. 85.20 (7) of the statutes is created to read:

85.20 (7) Cost-efficiency standards. (a) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. to 5. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection:

1. Exclude those costs from operating expenses for purposes of sub. (4m).

2. Reduce the amount of state aid allocation under sub. (4m) (a).

(b) The department shall specify by rule the cost-efficiency standards under this subsection, including rules for the implementation of par. (a) 1. and 2.

113,76m Section 76m. 86.30 (2) (a) 3. c. of the statutes is repealed.

113,77m Section 77m. 86.30 (2) (a) 3. d. of the statutes is amended to read:

86.30 (2) (a) 3. d. In calendar year 1995 and thereafter, $1,350.

113,78m Section 78m. 86.30 (2) (a) 3. e. of the statutes is created to read:

86.30 (2) (a) 3. e. In calendar year 1996, $1,390.

113,79m Section 79m. 86.30 (2) (a) 3. f. of the statutes is created to read:

86.30 (2) (a) 3. f. In calendar year 1997 and thereafter, $1,432.

113,80m Section 80m. 86.30 (9) of the statutes is amended to read:

86.30 (9) Aids calculations. (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $63,392,900 in calendar year 1994 and $66,588,900 in calendar year 1995, $68,586,600 in calendar year 1996 and $70,644,200 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

(c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $197,814,700 in calendar year 1994 and $209,496,900 in calendar year 1995, $215,781,800 in calendar year 1996 and $222,255,300 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

113,82m Section 82m. 86.315 (1) of the statutes is amended to read:

86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $200 $300 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the $200 $300 per mile payments under this subsection, the department shall prorate the amount appropriated in the manner it deems desirable.

113,83m Section 83m. 86.32 (2) (am) 7. of the statutes is amended to read:

86.32 (2) (am) 7. For 1995 and thereafter, $10,468 per lane mile for municipalities having a population over 500,000; $9,696 per lane mile for municipalities having a population of 150,001 to 500,000; $8,641 per lane mile for municipalities having a population of 35,001 to 150,000; $7,612 per lane mile for municipalities having a population of 10,000 to 35,000; and $6,558 per lane mile for municipalities having a population under 10,000.

113,86 Section 86 . 110.08 (2) of the statutes is amended to read:

110.08 (2) Except as provided under s. 343.16 (1) (b) and (c), all examinations for operator's licenses and permits shall be given by state examiners.

113,87 Section 87 . 114.002 (4) of the statutes is repealed.

113,88 Section 88 . 114.002 (11) of the statutes is amended to read:

114.002 (11) “Antique aircraft" means an aircraft more than 35 years old as determined by the which has a date of manufacture of 1955 or earlier and which is used solely for recreational or display purposes.

113,89 Section 89 . 114.002 (13) of the statutes is repealed.

113,90 Section 90 . 114.20 (1) (title) of the statutes is amended to read:

114.20 (1) (title) Annual registration required.

113,91 Section 91 . 114.20 (1) (a) of the statutes is amended to read:

114.20 (1) (a) Except as provided under sub. (2), all aircraft based in this state shall be registered by the owner of the aircraft with the department annually on or before November 1 or, for aircraft with a maximum gross weight of not more than 3,000 pounds that are not subject to sub. (10), biennially on or before the first November 1. Annual registration fees shall be determined in accordance with sub. (9) or (10). Biennial registration fees shall be determined in accordance with sub. (9m).

113,92 Section 92 . 114.20 (1) (b) of the statutes is amended to read:

114.20 (1) (b) Aircraft determined by the department to be based in this state shall be subject to the annual or biennial registration fees under sub. (9) or (9m). Aircraft which are determined to be not based in this state shall be exempt from the annual or biennial registration fees.

113,93 Section 93 . 114.20 (2) (intro.) of the statutes is amended to read:

114.20 (2) (title) Exceptions to annual registration requirements. (intro.) The annual registration requirements under sub. (1) do not apply to aircraft based in this state that are:

113,94 Section 94 . 114.20 (2) (c) of the statutes is repealed.

113,95 Section 95 . 114.20 (5) of the statutes is amended to read:

114.20 (5) Unairworthy aircraft. Any person desiring to have an aircraft designated as an unairworthy aircraft may apply to the department in the manner the department prescribes. No application may be acted upon unless all information requested is supplied. Upon receipt of an application and a registration fee of $5 to be established by rule and after determining from the facts submitted and investigation that the aircraft qualifies as an unairworthy aircraft, the department shall issue an unairworthy aircraft certificate. The certificate shall expire upon transfer of ownership or restoration. An aircraft is presumed restored if it is capable of operation. The annual or biennial registration fee is due on the date of restoration. Operation of the aircraft is conclusive evidence of restoration. An additional administrative fee of $5 A late payment charge to be established by rule shall be charged assessed on all applications filed later than 30 days after the date of restoration.

113,96 Section 96 . 114.20 (7) of the statutes is repealed.

113,97 Section 97 . 114.20 (9) (a) to (c) of the statutes are renumbered 114.20 (9m) (a) to (c) and amended to read:

114.20 (9m) (a) Not more than   2,000   $ 30 $ 60

(b) Not more than   2,500   39 78

(c) Not more than   3,000   50 100

113,98 Section 98 . 114.20 (9) (d) of the statutes is amended to read:

114.20 (9) (d) Not more than   3,500   70 $ 70

113,99 Section 99 . 114.20 (9m) (intro.) of the statutes is created to read:

114.20 (9m) Biennial registration fees. (intro.) Except as provided in sub. (10), the owner of an aircraft subject to the biennial registration requirements under sub. (1) shall pay a biennial registration fee established in accordance with the following gross weight schedule:

[Maximum gross   [Annual

Weight in pounds]   fee]

113,100 Section 100 . 114.20 (12) of the statutes is amended to read:

114.20 (12) (title) Initial annual registration. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which annual registration is required under sub. (9), the fee for the initial year of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one-twelfth of the registration fee specified in sub. (9) multiplied by the remaining number of months in the current registration year which are not fully expired. For new aircraft, aircraft not previously registered in this state or unregistered aircraft for which biennial registration is required under sub. (9m), the fee for the initial 2-year period of registration shall be computed from the date of purchase, restoration, completed construction or entry of the aircraft into this state on the basis of one twenty-fourth of the registration fee specified in sub. (9m) multiplied by the remaining number of months in the current 2-year registration period which are not fully expired. Application for registration shall be filed within 30 days from the date of purchase, restoration, completed construction or entry of the aircraft into this state and if filed after that date an additional administrative fee of $5 shall be charged. If the date of purchase, restoration, completed construction or entry into this state is not provided by the applicant, the full annual or biennial registration fee provided in sub. (9) or (9m) shall be charged for registering the aircraft.

113,101 Section 101 . 114.20 (13) (b) 1. of the statutes is amended to read:

114.20 (13) (b) 1. If an annual or biennial registration fee is not paid by November 1, from November 2 to the following April 30, the department shall add a late payment charge of $50 or 10% of the amount specified for the registration under sub. (9), (9m) or (10) , whichever is greater, to the fee.

113,102 Section 102 . 114.20 (13) (b) 2. of the statutes is amended to read:

114.20 (13) (b) 2. If an annual or biennial registration fee is not paid by the following April 30, from May 1 to October 31 or, for a biennial registration, the end of the biennial period, the department shall add a late payment charge of $50 or 20% of the amount specified for the registration under sub. (9), (9m) or (10), whichever is greater, to the fee.

113,103 Section 103 . 114.20 (13) (b) 3. of the statutes is repealed.

113,104 Section 104 . 114.20 (13) (b) 5. of the statutes is amended to read:

114.20 (13) (b) 5. This paragraph applies after October 31, 1989 1995.

113,105 Section 105 . 114.20 (15) (b) of the statutes is amended to read:

114.20 (15) (b) The lien against the aircraft for the original registration fee shall attach at the time the fee is first payable, and the lien for all renewals of annual registration shall attach on November 1 of each year thereafter and the lien for all renewals of biennial registration shall attach on the first November of the registration period and every 2 years thereafter.

113,106 Section 106 . 121.555 (2) (c) 1. of the statutes is amended to read:

121.555 (2) (c) 1. Shall possess a valid Wisconsin operator's license or a valid operator's license issued by another jurisdiction, as defined in s. 340.01 (41m), or a valid commercial driver license issued by Mexico.

113,107b Section 107b. 166.20 (7g) (b) (intro.) of the statutes is renumbered 166.20 (7g) (b) and amended to read:

166.20 (7g) (b) The board shall base the amount of the fees under this subsection on one or more of the following factors: shall be the amount of the fees established in s. ERB 4.03 (2), Wis. adm. code, as shown on June 30, 1995.

113,107g Section 107g. 166.20 (7g) (b) 1. to 8. of the statutes are repealed.

113,109g Section 109g. 218.01 (2) (bd) 1g. of the statutes is amended to read:

218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department or the office of the commissioner of transportation division of hearings and appeals.

113,109m Section 109m. 218.01 (2) (bd) 1g. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

218.01 (2) (bd) 1g. The manufacturer, distributor or importer shall send a notice of discontinuation or cancellation by certified mail, and forward a copy of the notice to the department of transportation, not less than 20 days before the effective date of discontinuation or cancellation of the agreement, if the dealer or distributor fails to conduct its customary sales and service operations during its customary business hours for 7 consecutive business days unless the failure is caused by an act of God, by work stoppage or delays due to strikes or labor disputes or other reason beyond the dealer's or distributor's control or by an order of the department of transportation or the division of hearings and appeals.

113,110 Section 110 . 218.01 (2) (bd) 1r. of the statutes is amended to read:

218.01 (2) (bd) 1r. The notice served upon a motor vehicle dealer under subds. 1. and 1g. is not effective unless it conspicuously displays the following statement:

NOTICE TO DEALER

YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2) A HEARING BY THE OFFICE OF THE COMMISSIONER OF TRANSPORTATION division of hearings and appeals IF MEDIATION DOES NOT RESOLVE THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN DEPARTMENT OF TRANSPORTATION, AT .... (insert area code and telephone number).

113,111 Section 111 . 218.01 (2c) (c) of the statutes is amended to read:

218.01 (2c) (c) The ownership, operation or control of a dealership by a manufacturer, importer or distributor, or subsidiary thereof, which does not meet the conditions under par. (a) or (b), if the office of the commissioner of transportation division of hearings and appeals determines, after a hearing on the matter at the request of any party, that there is no prospective independent dealer available to own and operate the dealership in a manner consistent with the public interest and that meets the reasonable standard and uniformly applied qualifications of the manufacturer, importer or distributor.

113,112 Section 112 . 218.01 (3) (a) 24. of the statutes is amended to read:

218.01 (3) (a) 24. Being a manufacturer, importer or distributor who fails to comply with the procedures in sub. (3x) regarding a dealer's request for approval of a change of ownership or executive management, transfer of its dealership assets to another person, adding another franchise at the same location as its existing franchise, or relocation of a franchise or who fails to comply with an order of the office of the commissioner of transportation division of hearings and appeals issued under sub. (3x).

113,113g Section 113g. 218.01 (3x) (b) 2. of the statutes is amended to read:

218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the office of the commissioner of transportation division of hearings and appeals under par. (c) 2.

113,113m Section 113m. 218.01 (3x) (b) 2. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

218.01 (3x) (b) 2. An affected grantor who does not approve of the proposed action shall, within 30 days after receiving the dealer's written notice of the proposed action or within 30 days after receiving all the information specified in a written list served on the dealer under subd. 1., whichever is later, file with the department of transportation and serve upon the dealer a written statement of the reasons for its disapproval. The reasons given for the disapproval or any explanation of those reasons by the manufacturer, distributor or importer shall not subject the manufacturer, distributor or importer to any civil liability unless the reasons given or explanations made are malicious and published with the sole intent to cause harm to the dealer or a transferee of the dealer. Failure to file and serve a statement within the applicable period shall, notwithstanding the terms of any agreement, constitute approval of the proposed action by the grantor. If an affected grantor files a written statement within the applicable period, the dealer may not voluntarily undertake the proposed action unless it receives an order permitting it to do so from the division of hearings and appeals under par. (c) 2.

113,114g Section 114g. 218.01 (3x) (b) 3. of the statutes is amended to read:

218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2. may file with the department and the office of the commissioner of transportation division of hearings and appeals and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The office of the commissioner of transportation division of hearings and appeals shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.

113,114m Section 114m. 218.01 (3x) (b) 3. of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

218.01 (3x) (b) 3. A dealer who is served with a written statement by an affected grantor under subd. 2. may file with the department of transportation and the division of hearings and appeals and serve upon the affected grantor a complaint for the determination of whether there is good cause for permitting the proposed action to be undertaken. The division of hearings and appeals shall promptly schedule a hearing and decide the matter. The proposed action may not be undertaken pending the determination of the matter.

113,115 Section 115 . 218.01 (3x) (c) 1. (intro.) of the statutes is amended to read:

218.01 (3x) (c) 1. (intro.) In determining if there is good cause for permitting a proposed action to be undertaken, the office of the commissioner of transportation division of hearings and appeals may consider any relevant factor including:

113,116 Section 116 . 218.01 (3x) (c) 2. of the statutes is amended to read:

218.01 (3x) (c) 2. The decision of the office of the commissioner of transportation division of hearings and appeals shall be in writing and shall contain findings of fact and a determination of whether there is good cause for permitting the proposed action to be undertaken. The decision shall include an order that the dealer be allowed or is not allowed to undertake the proposed action, as the case may be. The order may require fulfillment of appropriate conditions before and after the proposed action is undertaken.

113,117 Section 117 . 218.01 (7m) (a) of the statutes is amended to read:

218.01 (7m) (a) A licensee may not file a complaint or petition with the office of the commissioner of transportation division of hearings and appeals or bring an action under sub. (9) (a), based on an alleged violation of this section by any other licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a demand for mediation upon the other licensee before or contemporaneous with the filing of the complaint or petition or the bringing of the action. A demand for mediation shall be in writing and served upon the other licensee by certified mail at an address designated for that licensee in the licensor's records. The demand for mediation shall contain a brief statement of the dispute and the relief sought by the licensee filing the demand.