AB402-ASA1,38,1914
86.32
(2) (am) 8. For 1996, $10,782 per lane mile for municipalities having a
15population over 500,000; $9,987 per lane mile for municipalities having a population
16of 150,001 to 500,000; $8,900 per lane mile for municipalities having a population of
1735,001 to 150,000; $7,840 per lane mile for municipalities having a population of
1810,000 to 35,000; and $6,755 per lane mile for municipalities having a population
19under 10,000.
AB402-ASA1, s. 92
20Section
92. 86.32 (2) (am) 9. of the statutes is created to read:
AB402-ASA1,39,221
86.32
(2) (am) 9. For 1997, $11,105 per lane mile for municipalities having a
22population over 500,000; $10,287 per lane mile for municipalities having a
23population of 150,001 to 500,000; $9,167 per lane mile for municipalities having a
24population of 35,001 to 150,000; $8,075 per lane mile for municipalities having a
1population of 10,000 to 35,000; and $6,958 per lane mile for municipalities having
2a population under 10,000.
AB402-ASA1,39,54
110.08
(2) Except as provided under s. 343.16 (1)
(b) and (c), all examinations
5for operator's licenses and permits shall be given by state examiners.
AB402-ASA1,39,108
114.002
(11) "Antique aircraft" means an aircraft
more than 35 years old as
9determined by the which has a date of manufacture
of 1944 or earlier and which is
10used solely for recreational or display purposes.
AB402-ASA1, s. 97
12Section
97. 114.20 (1) (title) of the statutes is amended to read:
AB402-ASA1,39,1313
114.20
(1) (title)
Annual registration required.
AB402-ASA1,39,2115
114.20
(1) (a) Except as provided under sub. (2), all aircraft based in this state
16shall be registered by the owner of the aircraft with the department annually on or
17before November 1
or, for aircraft with a maximum gross weight of not more than
183,000 pounds that are not subject to sub. (10), biennially on or before the first
19November 1. Annual registration fees shall be determined in accordance with sub.
20(9) or (10).
Biennial registration fees shall be determined in accordance with sub.
21(9m).
AB402-ASA1,40,223
114.20
(1) (b) Aircraft determined by the department to be based in this state
24shall be subject to the annual
or biennial registration fees under sub. (9)
or (9m).
1Aircraft which are determined to be not based in this state shall be exempt from the
2annual
or biennial registration fees.
AB402-ASA1,40,64
114.20
(2) (title)
Exceptions to
annual registration requirements. (intro.)
5The
annual registration requirements under sub. (1) do not apply to aircraft based
6in this state that are:
AB402-ASA1,40,209
114.20
(5) Unairworthy aircraft. Any person desiring to have an aircraft
10designated as an unairworthy aircraft may apply to the department in the manner
11the department prescribes. No application may be acted upon unless all information
12requested is supplied. Upon receipt of an application and a registration fee
of $5 to
13be established by rule and after determining from the facts submitted and
14investigation that the aircraft qualifies as an unairworthy aircraft, the department
15shall issue an unairworthy aircraft certificate. The certificate shall expire upon
16transfer of ownership or restoration. An aircraft is presumed restored if it is capable
17of operation. The annual registration fee is due on the date of restoration. Operation
18of the aircraft is conclusive evidence of restoration. An
additional administrative fee
19of $5 A late payment charge to be established by rule shall be
charged assessed on
20all applications filed later than 30 days after the date of restoration.
AB402-ASA1, s. 103
21Section
103. 114.20 (5) of the statutes, as affected by 1995 Wisconsin Act ....
22(this act), is repealed and recreated to read:
AB402-ASA1,41,923
114.20
(5) Unairworthy aircraft. Any person desiring to have an aircraft
24designated as an unairworthy aircraft may apply to the department in the manner
25the department prescribes. No application may be acted upon unless all information
1requested is supplied. Upon receipt of an application and a registration fee to be
2established by rule and after determining from the facts submitted and investigation
3that the aircraft qualifies as an unairworthy aircraft, the department shall issue an
4unairworthy aircraft certificate. The certificate shall expire upon transfer of
5ownership or restoration. An aircraft is presumed restored if it is capable of
6operation. The annual or biennial registration fee is due on the date of restoration.
7Operation of the aircraft is conclusive evidence of restoration. A late payment charge
8to be established by rule shall be assessed on all applications filed later than 30 days
9after the date of restoration.
AB402-ASA1, s. 105
11Section
105. 114.20 (9) (a) to (c) of the statutes are renumbered 114.20 (9m)
12(a) to (c) and amended to read:
AB402-ASA1,41,1313
114.20
(9m) (a) Not more than 2,000
$ 30 $ 60
AB402-ASA1,41,1414
(b) Not more than 2,500
39 78
AB402-ASA1,41,1515
(c) Not more than 3,000
50 100
AB402-ASA1,41,1717
114.20
(9) (d) Not more than 3,500
70 $ 70
AB402-ASA1, s. 107
18Section
107. 114.20 (9m)
(intro.) of the statutes is created to read:
AB402-ASA1,41,2219
114.20
(9m) Biennial registration fees. (intro.) Except as provided in sub.
20(10), the owner of an aircraft subject to the biennial registration requirements under
21sub. (1) shall pay a biennial registration fee established in accordance with the
22following gross weight schedule:
AB402-ASA1,41,2323
[Maximum gross [Annual
AB402-ASA1,41,2424
Weight in pounds] fee]
AB402-ASA1,42,19
1114.20
(12) (title)
Initial
annual registration. For new aircraft, aircraft not
2previously registered in this state or unregistered aircraft for which annual
3registration is required under sub. (9), the fee for the initial year of registration shall
4be computed from the date of purchase, restoration, completed construction or entry
5of the aircraft into this state on the basis of one-twelfth of the registration fee
6specified in sub. (9) multiplied by the remaining number of months in the current
7registration year which are not fully expired.
For new aircraft, aircraft not
8previously registered in this state or unregistered aircraft for which biennial
9registration is required under sub. (9m), the fee for the initial 2-year period of
10registration shall be computed from the date of purchase, restoration, completed
11construction or entry of the aircraft into this state on the basis of one twenty-fourth
12of the registration fee specified in sub. (9m) multiplied by the remaining number of
13months in the current 2-year registration period which are not fully expired. 14Application for registration shall be filed within 30 days from the date of purchase,
15restoration, completed construction or entry of the aircraft into this state and if filed
16after that date an additional administrative fee of $5 shall be charged. If the date
17of purchase, restoration, completed construction or entry into this state is not
18provided by the applicant, the full annual
or biennial registration fee provided in sub.
19(9)
or (9m) shall be charged for registering the aircraft.
AB402-ASA1,42,2421
114.20
(13) (b) 1. If an annual registration fee is not paid by November 1, from
22November 2 to April 30, the department shall add a late payment charge of
$50 or 2310% of the amount specified for the registration under sub. (9) or (10)
, whichever is
24greater, to the fee.
AB402-ASA1, s. 110
1Section
110. 114.20 (13) (b) 1. of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), is repealed and recreated to read:
AB402-ASA1,43,63
114.20
(13) (b) 1. If an annual or biennial registration fee is not paid by
4November 1, from November 2 to the following April 30, the department shall add
5a late payment charge of $50 or 10% of the amount specified for the registration
6under sub. (9), (9m) or (10), whichever is greater, to the fee.
AB402-ASA1,43,118
114.20
(13) (b) 2. If an annual registration fee is not paid by April 30, from May
91 to October 31, the department shall add a late payment charge of
$50 or 20% of the
10amount specified for the registration under sub. (9) or (10)
, whichever is greater, to
11the fee.
AB402-ASA1, s. 112
12Section
112. 114.20 (13) (b) 2. of the statutes, as affected by 1995 Wisconsin
13Act .... (this act), is repealed and recreated to read:
AB402-ASA1,43,1814
114.20
(13) (b) 2. If an annual or biennial registration fee is not paid by the
15following April 30, from May 1 to October 31 or, for a biennial registration, the end
16of the biennial period, the department shall add a late payment charge of $50 or 20%
17of the amount specified for the registration under sub. (9), (9m) or (10), whichever
18is greater, to the fee.
AB402-ASA1,43,2121
114.20
(13) (b) 5. This paragraph applies after October 31,
1989 1995.
AB402-ASA1,44,223
114.20
(15) (b) The lien against the aircraft for the original registration fee
24shall attach at the time the fee is first payable,
and the lien for all renewals of
annual 25registration shall attach on November 1 of each year thereafter
and the lien for all
1renewals of biennial registration shall attach on the first November of the
2registration period and every 2 years thereafter.
AB402-ASA1,44,64
121.555
(2) (c) 1. Shall possess a valid Wisconsin operator's license or a valid
5operator's license issued by another jurisdiction, as defined in s. 340.01 (41m)
, or a
6valid commercial driver license issued by Mexico.
AB402-ASA1,44,108
144.442
(9) (b) 3. This subsection does not apply to the release or discharge of
9high-volume industrial waste used in a highway improvement project under s.
1084.078.
AB402-ASA1,44,1412
144.449
(1) (c) "Waste tire"
has the meaning given under s. 84.078 (1) (b) means
13a tire that is no longer suitable for its original purpose because of wear, damage or
14defect.
AB402-ASA1,44,1816
144.76
(9) (f) Any person discharging high-volume industrial waste used in a
17highway improvement project under s. 84.078 is exempted from the penalty
18requirements of this section.
AB402-ASA1,44,2020
159.07
(3) (j) A waste tire, as defined in s.
84.078 (1) (b) 144.449 (1) (c).
AB402-ASA1,44,2322
159.17
(1) (d) "Waste tire" has the meaning given under s.
84.078 (1) (b) 144.449
23(1) (c).
AB402-ASA1,45,6
1168.12
(5m) All oil inspection fees paid to the department of transportation
2under s. 341.45 (1g) (a) in excess of oil inspection fee credits or refunds under s.
3341.45 (2) shall be deposited in the petroleum inspection fund. All oil inspection fees
4credited or refunded by the department of transportation under s. 341.45 (2) in
5excess of oil inspection fees paid to the department of transportation under s. 341.45
6(1g) (a) shall be paid from the petroleum inspection fund.
AB402-ASA1,45,168
218.01
(2) (bd) 1g. The manufacturer, distributor or importer shall send a
9notice of discontinuation or cancellation by certified mail, and forward a copy of the
10notice to the department, not less than 20 days before the effective date of
11discontinuation or cancellation of the agreement, if the dealer or distributor fails to
12conduct its customary sales and service operations during its customary business
13hours for 7 consecutive business days unless the failure is caused by an act of God,
14by work stoppage or delays due to strikes or labor disputes or other reason beyond
15the dealer's or distributor's control or by an order of the department or the
office of
16the commissioner of transportation division of hearings and appeals.
AB402-ASA1,45,1918
218.01
(2) (bd) 1r. The notice served upon a motor vehicle dealer under subds.
191. and 1g. is not effective unless it conspicuously displays the following statement:
AB402-ASA1,45,2020
NOTICE TO DEALER
AB402-ASA1,46,521
YOU HAVE THE RIGHT TO: 1) MEDIATE IF YOU OPPOSE THE
22PROPOSED TERMINATION OR NONRENEWAL OF YOUR FRANCHISE AND 2)
23A HEARING BY THE
OFFICE OF THE COMMISSIONER OF TRANSPORTATION 24division of hearings and appeals IF MEDIATION DOES NOT RESOLVE
25THE DISPUTE. TO PRESERVE THESE RIGHTS, YOU MUST TAKE CERTAIN
1STEPS ON OR BEFORE THE DATE THAT THE PROPOSED TERMINATION OR
2NONRENEWAL TAKES EFFECT. FOR FURTHER INFORMATION, CONSULT
3YOUR ATTORNEY OR CALL THE DEALER SECTION, WISCONSIN
4DEPARTMENT OF TRANSPORTATION, AT .... (insert area code and telephone
5number).
AB402-ASA1,46,147
218.01
(2c) (c) The ownership, operation or control of a dealership by a
8manufacturer, importer or distributor, or subsidiary thereof, which does not meet the
9conditions under par. (a) or (b), if the
office of the commissioner of transportation 10division of hearings and appeals determines, after a hearing on the matter at the
11request of any party, that there is no prospective independent dealer available to own
12and operate the dealership in a manner consistent with the public interest and that
13meets the reasonable standard and uniformly applied qualifications of the
14manufacturer, importer or distributor.
AB402-ASA1,46,2216
218.01
(3) (a) 24. Being a manufacturer, importer or distributor who fails to
17comply with the procedures in sub. (3x) regarding a dealer's request for approval of
18a change of ownership or executive management, transfer of its dealership assets to
19another person, adding another franchise at the same location as its existing
20franchise, or relocation of a franchise or who fails to comply with an order of the
office
21of the commissioner of transportation division of hearings and appeals issued under
22sub. (3x).
AB402-ASA1,47,1424
218.01
(3x) (b) 2. An affected grantor who does not approve of the proposed
25action shall, within 30 days after receiving the dealer's written notice of the proposed
1action or within 30 days after receiving all the information specified in a written list
2served on the dealer under subd. 1., whichever is later, file with the department and
3serve upon the dealer a written statement of the reasons for its disapproval. The
4reasons given for the disapproval or any explanation of those reasons by the
5manufacturer, distributor or importer shall not subject the manufacturer,
6distributor or importer to any civil liability unless the reasons given or explanations
7made are malicious and published with the sole intent to cause harm to the dealer
8or a transferee of the dealer. Failure to file and serve a statement within the
9applicable period shall, notwithstanding the terms of any agreement, constitute
10approval of the proposed action by the grantor. If an affected grantor files a written
11statement within the applicable period, the dealer may not voluntarily undertake
12the proposed action unless it receives an order permitting it to do so from the
office
13of the commissioner of transportation division of hearings and appeals under par. (c)
142.
AB402-ASA1,47,2316
218.01
(3x) (b) 3. A dealer who is served with a written statement by an affected
17grantor under subd. 2 may file with the department and the
office of the
18commissioner of transportation division of hearings and appeals and serve upon the
19affected grantor a complaint for the determination of whether there is good cause for
20permitting the proposed action to be undertaken. The
office of the commissioner of
21transportation division of hearings and appeals shall promptly schedule a hearing
22and decide the matter. The proposed action may not be undertaken pending the
23determination of the matter.
AB402-ASA1,48,7
1218.01
(3x) (c) 2. The decision of the
office of the commissioner of
2transportation division of hearings and appeals shall be in writing and shall contain
3findings of fact and a determination of whether there is good cause for permitting the
4proposed action to be undertaken. The decision shall include an order that the dealer
5be allowed or is not allowed to undertake the proposed action, as the case may be.
6The order may require fulfillment of appropriate conditions before and after the
7proposed action is undertaken.
AB402-ASA1, s. 131
8Section
131. 218.01 (3x) (c) 1. (intro.) of the statutes is amended to read:
AB402-ASA1,48,119
218.01
(3x) (c) 1. (intro.) In determining if there is good cause for permitting
10a proposed action to be undertaken, the
office of the commissioner of transportation 11division of hearings and appeals may consider any relevant factor including:
AB402-ASA1,48,2213
218.01
(7m) (a) A licensee may not file a complaint or petition with the
office
14of the commissioner of transportation division of hearings and appeals or bring an
15action under sub. (9) (a), based on an alleged violation of this section by any other
16licensee or pursuant to sub. (3) (f) or (fm), (3c) or (3x), unless the licensee serves a
17demand for mediation upon the other licensee before or contemporaneous with the
18filing of the complaint or petition or the bringing of the action. A demand for
19mediation shall be in writing and served upon the other licensee by certified mail at
20an address designated for that licensee in the licensor's records. The demand for
21mediation shall contain a brief statement of the dispute and the relief sought by the
22licensee filing the demand.
AB402-ASA1,49,1424
218.01
(7m) (c) The service of a demand for mediation under par. (a) shall stay
25the time for the filing of any complaint or petition with the
office of the commissioner
1of transportation division of hearings and appeals or for bringing an action under
2sub. (9) (a), based on an alleged violation of this section by the other licensee or
3pursuant to sub. (3) (f) or (fm), (3c) or (3x), until the representatives of both licensees
4have met with a mutually selected mediator for the purpose of attempting to resolve
5the dispute. If a complaint or petition is filed before the meeting, the
office of the
6commissioner of transportation division of hearings and appeals or the court shall
7enter an order suspending the proceeding or action until the meeting has occurred
8and may, upon the written stipulation of all parties to the proceeding or action that
9they wish to continue to mediate under this subsection, enter an order suspending
10the proceeding or action for as long a period as the
commissioner of transportation 11division of hearings and appeals or court considers to be appropriate. A suspension
12order issued under this paragraph may be revoked upon motion of any party or upon
13motion of the
office of the commissioner of transportation division of hearings and
14appeals or the court.
AB402-ASA1,49,2016
340.01
(7m) "Commercial driver license" means a license issued to a person by
17this state or another jurisdiction which is in accordance with the requirements of the
18federal commercial motor vehicle safety act of 1986,
49 USC 2701 to
2716 31301 to
1931317, and which authorizes the licensee to operate certain commercial motor
20vehicles.
AB402-ASA1,50,222
340.01
(7r) "Commercial driver license information system" means the
23information system established pursuant to the federal commercial motor vehicle
24safety act of 1986,
49 USC 2701 to
2716 31301 to 31317, to serve as a clearinghouse
1for information related to the licensing and identification of commercial motor
2vehicle drivers.