Amendment ASA1-AB402

AB402-ASA1,69,7 343.315 (3) (a) Notwithstanding s. 343.39, if a person's license or operating privilege is revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2), the department shall immediately disqualify the person from operating a commercial motor vehicle for the period required under sub. (2). The person's authorization to operate a commercial motor vehicle shall not be reinstated upon expiration of the period of revocation or suspension unless the period of disqualification has also expired. During any period of disqualification in which the person's license or operating privilege is not revoked or suspended, the department may issue an operator's license to the person for the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles as provided in s. 343.14.

AB402-ASA1, s. 200 Section 200. 343.315 (3) (b) of the statutes is amended to read:

AB402-ASA1,69,18 343.315 (3) (b) If a person's license or operating privilege is not otherwise revoked or suspended as the result of an offense committed after March 31, 1992, which results in disqualification under sub. (2) (a) to (f), (h) or (i), the department shall immediately cancel the person's license disqualify the person from operating a commercial motor vehicle for the period required under sub. (2) (a) to (f), (h) or (i). Upon proper application by the person and payment of a duplicate license fee, the department may issue a separate license authorizing only the operation of vehicles other than commercial motor vehicles. Upon expiration of the period of disqualification, the person may apply for authorization to operate commercial motor vehicles under s. 343.26.

AB402-ASA1, s. 201 Section 201. 343.32 (4) of the statutes is amended to read:

AB402-ASA1,70,2 343.32 (4) In adopting rules for weighing traffic convictions by their seriousness under sub. (2), the secretary shall provide by rule for a reduction of up to 3 points if a person shows to the department satisfactory evidence of completion of a rider course approved by the secretary. This subsection applies only to demerit points relating to violations committed before completion of the rider course by a person while driving or operating a Type 1 motorcycle. No person is eligible for more than one point reduction of up to 3 points under this subsection.

AB402-ASA1, s. 202 Section 202. 343.325 (title) of the statutes is amended to read:

AB402-ASA1,70,5 343.325 (title) Courts to report appeals; when appeal stays suspension or, revocation or disqualification.

AB402-ASA1, s. 203 Section 203. 343.325 (2) of the statutes is amended to read:

AB402-ASA1,70,16 343.325 (2) Notwithstanding ss. 343.31, 343.315 and 343.32 and except as otherwise provided in sub. (4), the secretary shall not suspend or revoke a person's operating privilege or disqualify a person from operating a commercial motor vehicle on the basis of a conviction if the secretary receives from the court in which the conviction occurred a certificate stating that an appeal from the conviction has been taken. If the secretary receives such certificate after suspension or revocation of the operating privilege, the operating privilege shall be reinstated without requiring compliance with s. 343.38. If the secretary receives the certificate after suspension of the operating privilege or disqualification, the operating privilege or authorization to operate a commercial motor vehicle shall be reinstated automatically.

AB402-ASA1, s. 204 Section 204. 343.325 (3) of the statutes is amended to read:

AB402-ASA1,71,3 343.325 (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).

AB402-ASA1, s. 205 Section 205. 343.325 (3m) of the statutes is amended to read:

AB402-ASA1,71,11 343.325 (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.

AB402-ASA1, s. 206 Section 206. 343.325 (4) of the statutes is amended to read:

AB402-ASA1,71,19 343.325 (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.

AB402-ASA1, s. 207 Section 207. 343.325 (5) of the statutes is amended to read:

AB402-ASA1,71,23 343.325 (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.

AB402-ASA1, s. 208 Section 208. 343.325 (6) (a) of the statutes is amended to read:

AB402-ASA1,72,4 343.325 (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.

AB402-ASA1, s. 209 Section 209. 343.44 (title) of the statutes is amended to read:

AB402-ASA1,72,7 343.44 (title) Driving while disqualified , out of service or ordered out-of-service or after license revoked or suspended.

AB402-ASA1, s. 210 Section 210. 343.44 (1) of the statutes is amended to read:

AB402-ASA1,72,17 343.44 (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.

AB402-ASA1, s. 211 Section 211. 343.44 (3) of the statutes is amended to read:

AB402-ASA1,72,25 343.44 (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.

AB402-ASA1, s. 212 Section 212. 343.44 (4r) of the statutes is created to read:

AB402-ASA1,73,5 343.44 (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 as provided in s. 343.315, the violation shall result in disqualification under s. 343.315 (2) (h) or (i).

AB402-ASA1, s. 213 Section 213. 344.12 of the statutes is amended to read:

AB402-ASA1,73,13 344.12 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.

AB402-ASA1, s. 214 Section 214. 344.14 (2) (e) of the statutes is amended to read:

AB402-ASA1,73,18 344.14 (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.

AB402-ASA1, s. 215 Section 215. 346.70 (1) of the statutes is amended to read:

AB402-ASA1,74,11 346.70 (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.

AB402-ASA1, s. 216 Section 216. 348.15 (3) (bg), (br), (bv) and (e) of the statutes are amended to read:

AB402-ASA1,74,23 348.15 (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.

AB402-ASA1,75,8 (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.

AB402-ASA1,75,20 (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.

AB402-ASA1,76,4 (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.

AB402-ASA1, s. 217 Section 217. 348.175 of the statutes is amended to read:

AB402-ASA1,77,2 348.175 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.

AB402-ASA1, s. 218 Section 218. 348.19 (2) (b) and (4) of the statutes are amended to read:

AB402-ASA1,77,13 348.19 (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.

AB402-ASA1,77,18 (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.

AB402-ASA1, s. 219 Section 219. 348.27 (4), (9m) and (9r) of the statutes are amended to read:

AB402-ASA1,78,7 348.27 (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.

AB402-ASA1,78,18 (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.

AB402-ASA1,79,2 (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.

AB402-ASA1, s. 220 Section 220. 349.16 (1) (intro.), (a) and (b) of the statutes are amended to read:

AB402-ASA1,79,8 349.16 (1) (intro.)  The officer in charge of maintenance in case of highways maintained by a town, city or village, the county highway commissioner or county highway committee in the case of highways maintained by the county and the department in the case of highways maintained by the state may do any of the following:

AB402-ASA1,79,12 (a) Impose special weight limitations on any such highway or portion thereof which, because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary condition, would likely be seriously damaged or destroyed in the absence of such special limitations; .

AB402-ASA1,79,15 (b) Impose special weight limitations on bridges or culverts when in its judgment such bridge or culvert cannot safely sustain the maximum weights permitted by statute;.

AB402-ASA1, s. 221 Section 221. 349.16 (1) (d) of the statutes is created to read:

AB402-ASA1,79,20 349.16 (1) (d) Impose special weight limitations on any such highway or portion thereof used as a detour for a state trunk highway under s. 84.02 (10) (b) when such limitations are considered necessary to protect the public safety. This paragraph does not apply to highways maintained by the state.

AB402-ASA1, s. 222 Section 222. 967.055 (2) (a) of the statutes is amended to read:

AB402-ASA1,80,13 967.055 (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.

AB402-ASA1, s. 9146 Section 9146. Nonstatutory provisions; public service commission.

AB402-ASA1,80,20 (1)  Fencing, farm crossing and cattle guard costs. The commissioner of railroads and the chairperson of the public service commission shall jointly 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 their findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by January 1, 1996.

AB402-ASA1, s. 9155 Section 9155. Nonstatutory provisions; transportation.

AB402-ASA1,80,22 (1) Cost-efficiency standards.

AB402-ASA1,81,3 (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 membership of the transit committee shall include the chairpersons of all of the following standing committees of the legislature:

AB402-ASA1,81,4 1. The highways and transportation committee of the assembly.

AB402-ASA1,81,5 2. The transportation, agriculture and local affairs of committee of the senate.

AB402-ASA1,81,6 3. The natural resources committee of the assembly.

AB402-ASA1,81,7 4. The environment and energy committee of the senate.

AB402-ASA1,81,8 (b) This subsection does not apply after December 31, 1996.

AB402-ASA1,81,14 (2) East-West Freeway. The department of transportation may not conduct any construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha until calendar year 1997. This subsection does not apply if any construction activities are funded from the reserve account established under section 84.61 of the statutes, as created by this act.

AB402-ASA1,81,22 (3) Entitlement to supplements for unbudgeted compensation adjustments. Notwithstanding section 20.928 of the statutes, the department of transportation is not entitled to any supplements for unbudgeted compensation adjustments under section 20.928 of the statutes for the 1995-97 fiscal biennium for any position funded from the appropriations under section 20.395 (2) (eq) or (3) (bq), (cq) or (eq) of the statutes, as affected by this act, except for any supplement that exceeds an adjustment increase for that position of 3%, as determined by the secretary of administration.

AB402-ASA1,82,6 (4) Efficiency measures. By September 1, 1995, 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.

AB402-ASA1,82,10 (5) 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 submit information as follows:

AB402-ASA1,82,16 (a) A dollar amount for each fiscal year of the 1997-99 fiscal biennium for the appropriation account under section 20.395 (5) (cq) of the statutes that is $430,600 less than the total amount appropriated under section 20.395 (5) (cq) of the statutes for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1997-99 fiscal biennium.

AB402-ASA1,82,22 (b) A number for the authorized FTE positions for the department of transportation, to be funded from the appropriation under section 20.395 (5) (cq) of the statutes, that is 24.2 SEG positions less than the number of authorized FTE positions funded from that appropriation for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in FTE position authorizations to be funded from that appropriation for the 1997-99 fiscal biennium.

AB402-ASA1,83,5 (6) 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.

AB402-ASA1,83,11 (7)  Repaving of I 43. The department of transportation shall repave that portion of I 43 with a tined surface beginning before Henry Clay Street and extending beyond Bender and Devon streets in Milwaukee County, no later than 6 months after the effective date of this subsection, for the purpose of eliminating the tined surface. The department shall expend funds not to exceed $650,000 from the appropriation under section 20.395 (3) (cq) or (cx) of the statutes for the repaving project.

AB402-ASA1,83,12 (8)  Urban rail transit systems.

AB402-ASA1,83,18 (a)  The department of transportation shall prepare a report that identifies the amounts of moneys that the department of transportation intended to expend in the 1995-97 fiscal biennium for the study of any urban rail transit system, including any light rail transit system, and the appropriations from which the moneys were to be expended, and shall submit the report to the cochairpersons of the joint committee on finance by August 30, 1995.

AB402-ASA1,83,24 (b)  Upon receiving the report under paragraph (a), the joint committee on finance may transfer all or part of the moneys from the appropriation accounts identified in the report to any of the appropriation accounts under section 20.395 (1) (bq) or (bu) of the statutes. Upon transfer of any moneys to the appropriation account under s. 20.395 (1) (bq) or (bu) of the statutes, the amounts in the schedule are increased by the amount transferred for the fiscal year in which the transfer is made.

AB402-ASA1,84,7 (9)  Unfair sales act study. The department of transportation and the department of agriculture, trade and consumer protection shall jointly develop a plan for strengthening the enforcement of this state's unfair sales act, particularly as it relates to the sale of motor vehicle fuel and other petroleum products, and shall submit a report containing their findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by September 30, 1995.

AB402-ASA1,84,13 (10)  Calculation of rate. The department of transportation shall determine the rate for calculating the amount due under section 341.45 (1g) (a) of the statutes, as affected by this act, for the 3rd quarter of 1995 by adding the rates for the taxes under chapter 78 of the statutes and the fee under section 168.12 of the statutes for each of the months in the quarter, by adding the 3 total rates and by dividing that total by 3.

AB402-ASA1, s. 9242 Section 9242. Appropriation changes; natural resources.

AB402-ASA1,84,19 (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, $47,500 in fiscal year 1996-97.

AB402-ASA1, s. 9255 Section 9255. Appropriation changes; transportation.

AB402-ASA1,84,25 (1) Statewide public safety radio management program. 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, $47,500 in fiscal year 1996-97.

AB402-ASA1,85,4 (2) Hazardous materials transportation fees. Notwithstanding section 20.001 (3) (b) of the statutes, the unencumbered balance in the appropriation account under section 20.395 (4) (bh) of the statutes, as affected by this act, immediately before the effective date of this subsection shall lapse to the transportation fund.

AB402-ASA1, s. 9348 Section 9348. Initial applicability; revenue.

AB402-ASA1,85,9 (1) Motor vehicle fuel exemptions. The treatment of sections 78.005 (13g), 78.01 (2) (e) and (2m) (f), 78.40 (1) and 78.75 (1m) (a) 2. and 3. of the statutes first applies to fuel purchased on the first day of the first month beginning after publication.

AB402-ASA1,85,11 (2)  Gross farm profits certification. The treatment of section 73.03 (29m) of the statutes first applies to taxable years beginning on January 1, 1996.

AB402-ASA1, s. 9355 Section 9355. Initial applicability; transportation.

AB402-ASA1,85,15 (1)  Traffic accidents and property damage.  The treatment of sections 344.12, 344.14 (2) (e) and 346.70 (1) of the statutes first applies to accidents occurring on the effective date of this subsection.

AB402-ASA1,85,24 (2) Commercial driver licenses. The treatment of sections 343.10 (2) (a) 1., 343.245 (4) (b), 343.28 (1) and (2), 343.315 (2) (f) (intro.), (fm), (h) and (i) and 343.44 (4r) of the statutes first applies to offenses and refusals committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, revocations, disqualifications or refusals as prior convictions, suspensions, revocations, disqualifications or refusals for purposes of sentencing a person, suspending or revoking a person's operating privilege, disqualifying a person from operating a commercial motor vehicle or determining eligibility for an occupational license or authorization to operate certain vehicles.