Amendment ASA1-AB402

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.

AB402-ASA1,86,4 (3) Mass transit operating assistance. The treatment of sections 20.395 (1) (bq) and (bu) and 85.20 (4m) (a), (am), (e) and (em) 1. and (4s) of the statutes and the creation of sections 20.395 (1) (bs) and 85.20 (4m) (a) 1. to 3. of the statutes first apply to urban mass transit operating assistance payments for calendar year 1996.

AB402-ASA1, s. 9400 Section 9400. Effective dates; general. Except as otherwise provided in Sections 9401 to 9459 of this act, this act takes effect on July 1, 1995, or on the day after publication, whichever is later.

AB402-ASA1, s. 9455 Section 9455. Effective dates; transportation.

AB402-ASA1,86,11 (1) Traffic accidents and property damage. The treatment of sections 344.12, 344.14 (2) (e) and 346.70 (1) of the statutes and Section 9355 (1) of this act take effect on January 1, 1996.

AB402-ASA1,86,13 (2) Special group license plate fees. The treatment of section 341.14 (6r) (b) 2., 3. and 4. of the statutes takes effect on January 1, 1996.

AB402-ASA1,86,15 (3) Exemption reports. The treatment of section 70.337 (7) of the statutes takes effect on March 31, 1996.

AB402-ASA1,86,18 (4) International fuel tax agreement; permits. The treatment of sections 20.395 (5) (cq), 25.40 (1) (a) 12., 168.12 (5m), 341.43 and 341.45 (title), (1g) (a) and (b), (2), (3), (4m) and (5) of the statutes takes effect on August 1, 1995.

AB402-ASA1,86,19 (5) Aircraft registration.

AB402-ASA1,86,21 (a) The treatment of sections 114.002 (4), (11) and (13) and 114.20 (2) (c), (5), (7) and (13) (b) 1., 2., 3. and 5. of the statutes takes effect on November 1, 1995.

AB402-ASA1,86,25 (b) The treatment of section 114.20 (1) (title), (a) and (b), (2) (intro.), (9) (a) to (c) and (d), (9m) (intro.), (12) and (15) (b) of the statutes and the repeal and recreation of section 114.20 (5) and (13) (b) 1. and 2. of the statutes take effect on November 1, 1996.

AB402-ASA1,87,3 (6) Motor vehicle fuel tax. The treatment of sections 78.12 (2) (intro.) and (5) (a) and 78.49 (1) (a) and (b) of the statutes and the repeal and recreation of section 78.40 (1) of the statutes take effect on August 1, 1995.

AB402-ASA1,87,7 (7) Mass transit operating assistance. The treatment of sections 20.395 (1) (bq) and (bu) and 85.20 (4m) (a), (am), (e) and (em) 1. and (4s) of the statutes and the creation of sections 20.395 (1) (bs) and 85.20 (4m) (a) 1. to 3. of the statutes take effect on January 1, 1996.

AB402-ASA1,87,10 (8) Farm truck registration. The treatment of sections 341.08 (2) (am) and (cm), (4) and (8), 341.26 (3) (a) 1. and 341.297 (2) of the statutes and the creation of section 341.297 (2) (b) of the statutes take effect on January 1, 1997.

AB402-ASA1,87,11 (End)