LRBs0264/1
TNF/PEN/JS:kmg:hm
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 557
September 30, 1995 - Offered by
Committee on Finance.
AB557-ASA1,4,7
1An Act to repeal 20.395 (2) (bt), 20.395 (4) (bh), 85.50, 86.30 (2) (a) 3. c., 86.32
2(2) (am) 5. and 6., 114.002 (4), 114.002 (13), 114.20 (2) (c), 114.20 (7), 114.20 (13)
3(b) 3., 166.20 (7g), 341.14 (6r) (b) 3., 343.03 (1) (c), 343.03 (8), 343.14 (4) and
4343.265 (1) (a) and (b);
to renumber 85.085 (1);
to renumber and amend
520.395 (1) (bw), 85.26 (2) (a), 114.20 (9) (a) to (c), 341.297 (2), 343.05 (4) (a) 3.
6and 343.265 (1) (intro.);
to amend 20.395 (2) (br), 20.395 (2) (bu), 20.395 (3)
7(bq), 20.395 (3) (bv), 20.395 (3) (bx), 20.395 (3) (cq), 20.395 (3) (cv), 20.395 (3)
8(cx), 20.395 (3) (eq), 20.395 (3) (ev), 20.395 (3) (ex), 20.395 (5) (cq), 20.395 (5)
9(dk), 20.505 (1) (md), 20.866 (2) (uv), 20.866 (2) (uw), 70.337 (7), 78.01 (1), 78.01
10(2) (e), 78.01 (2m) (f), 78.12 (2) (intro.), 78.12 (4) (a) 4., 78.12 (4) (b) 2., 78.12 (5)
11(a), 78.40 (1), 78.49 (1) (a), 78.49 (1) (b), 78.75 (1m) (a) 2., 78.75 (1m) (a) 3., 84.013
12(3) (ye), 84.076 (5), 84.59 (6), 85.06 (2) (b), 85.061 (3), 85.08 (4m) (e) 1., 85.085
13(3), 85.21 (1), 85.21 (2) (b), 85.21 (3) (c), 85.243 (title), 85.243 (2) (a), 86.30 (2)
14(a) 3. d., 86.30 (9), 86.31 (3m), 86.315 (1), 110.08 (2), 114.002 (11), 114.20 (1)
15(title), 114.20 (1) (a), 114.20 (1) (b), 114.20 (2) (intro.), 114.20 (5), 114.20 (9) (d),
16114.20 (12), 114.20 (13) (b) 1., 114.20 (13) (b) 2., 114.20 (13) (b) 5., 114.20 (15)
1(b), 121.555 (2) (c) 1., 218.01 (2) (bd) 1g., 218.01 (2) (bd) 1r., 218.01 (2c) (c), 218.01
2(3) (a) 24., 218.01 (3x) (b) 2., 218.01 (3x) (b) 3., 218.01 (3x) (c) 1. (intro.), 218.01
3(3x) (c) 2., 218.01 (7m) (a), 218.01 (7m) (c), 340.01 (7m), 340.01 (7r), 341.08 (4),
4341.14 (6r) (b) 2., 341.14 (6r) (b) 4., 341.14 (6r) (b) 5., 341.26 (3) (a) 1., 341.43,
5341.45 (title), 341.45 (1g) (a), 341.45 (1g) (b), 341.45 (2), 341.45 (3), 341.45 (5),
6343.02 (1), 343.03 (1) (a), 343.03 (1) (b), 343.03 (5), 343.05 (2) (a) 2., 343.05 (2)
7(c), 343.055 (5), 343.06 (1) (c), 343.06 (2), 343.065 (title), 343.065 (1), 343.065 (2),
8343.10 (2) (a) 1., 343.10 (10) (a), 343.12 (2) (h), 343.16 (1) (a), 343.17 (3) (e) 1.,
9343.21 (1) (g), 343.23 (2), 343.24 (2m), 343.245 (3) (b) 3. and 4., 343.245 (4) (b),
10343.28 (1), 343.28 (2), 343.305 (10) (em), 343.315 (2) (f) (intro.), 343.315 (3) (a),
11343.315 (3) (b), 343.32 (4), 343.325 (title), 343.325 (2), 343.325 (3), 343.325 (3m),
12343.325 (4), 343.325 (5), 343.325 (6) (a), 343.44 (title), 343.44 (1), 343.44 (3),
13344.12, 344.14 (2) (e), 346.70 (1), 348.15 (3) (bg), (br), (bv) and (e), 348.175,
14348.19 (2) (b) and (4), 348.27 (4), (9m) and (9r) and 967.055 (2) (a);
to repeal
15and recreate 20.395 (2) (bq) (title), 78.40 (1), 218.01 (2) (bd) 1g., 218.01 (3x) (b)
162., 218.01 (3x) (b) 3. and 343.03 (1) (title); and
to create 20.395 (1) (bw), 20.490
17(3), 20.855 (4) (r), 25.40 (1) (a) 12., 25.40 (1) (a) 13., 25.40 (2) (b) 15g., 25.40 (2)
18(b) 20d., 25.40 (2) (b) 23m., 73.03 (29m), 73.03 (53), 78.005 (13g), 78.017, 78.407,
1984.013 (3) (kb) to (km), 85.022 (2), 85.06 (4), 85.085 (1b), 85.20 (7), 85.21 (5),
2085.243 (2) (b) 5., 85.26 (2) (a) 2., 86.30 (2) (a) 3. e., 86.30 (2) (a) 3. f., 86.32 (2) (am)
218., 86.32 (2) (am) 9., 114.20 (9m)
(intro.), 234.665, 341.08 (2) (am), 341.08 (2)
22(cm), 341.08 (8), 341.145 (3m), 341.21, 341.297 (2) (b), 341.45 (4g), 341.45 (4m),
23343.01 (2) (cb), 343.05 (2) (c) 2., 343.21 (1) (jm), 343.21 (1) (m), 343.245 (3) (b)
245., 343.315 (2) (fm), 343.315 (2) (h), 343.315 (2) (i), 343.44 (4r) and 349.02 (3) of
25the statutes;
relating to: state finances and appropriations for the department
1of transportation; providing refunds to certain retailers; the rates for the motor
2vehicle fuel tax and the alternate fuels tax; the reporting date and payment
3date for the motor vehicle fuel tax; taxation of motor vehicle fuel that is not sold
4for use on highways; motor vehicle fuel and alternate fuel taxes and qualified
5motor vehicles; the international fuel tax agreement and the petroleum product
6inspection fee; authorizing construction of additional major highway projects;
7aids for county forest roads; vehicle weight limit exceptions on a part of the
8national system of interstate and defense highways; numerous changes to the
9classified driver license system and commercial motor vehicle operation;
10eligibility for an occupational license; demerit point reduction for completion of
11a rider course relating to Type 1 motorcycle operation; vehicle accidents
12resulting in property damage; the use of photo radar speed detection in the
13enforcement of state and local traffic laws; performance of motor vehicle
14registration and titling functions by motor vehicle dealers; farm truck
15registration; the fees for issuing, reissuing and renewing certain motor vehicle
16registration plates; the fee for furnishing certain operators' records; local
17transportation and connecting highway aids; creation of a state trunk highway;
18the funding of the urban mass transit operating assistance program; funding
19for a study of high-speed rail service; creating a rail passenger service grant
20program; service improvement projects for transportation services for the
21elderly and disabled; repaving a portion of I 43 in Milwaukee County;
22authorizing the department of transportation to conduct projects under the
23surface transportation discretionary grants program; railroad rehabilitation
24and construction loans; rehabilitation of private road crossings; the
25employment transit assistance program; the registration period and fees
1applicable to aircraft; eliminating hazardous materials transportation fees;
2delaying the expiration date of the disadvantaged business demonstration and
3training program; rail passenger service; exempting railroad property acquired
4by the department of transportation from the tax-exempt property reporting
5requirement; auditing the department of transportation; the sale of surplus
6land; granting bonding authority; granting rule-making authority; making
7appropriations; and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB557-ASA1, s. 1
8Section
1. 20.005 (3) (schedule) of the statutes, as it affects 20.395 of the
9statutes, is repealed and recreated to read:
AB557-ASA1, s. 2
2Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
3the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB557-ASA1, s. 7
4Section
7. 20.395 (1) (bw) of the statutes is created to read:
AB557-ASA1,14,65
20.395
(1) (bw)
Employment transit aids, state funds. The amounts in the
6schedule for the employment transit assistance program under s. 85.26.
AB557-ASA1, s. 8
1Section
8. 20.395 (1) (bw) of the statutes, as created by 1995 Wisconsin Act ....
2(this act), is renumbered 20.445 (1) (ny) and amended to read:
AB557-ASA1,15,53
20.445
(1) (ny)
Employment transit aids, state funds. The From the
4transportation fund, the amounts in the schedule for the employment transit
5assistance program under s.
85.26 106.26.
AB557-ASA1, s. 9
6Section
9. 20.395 (2) (bq) (title) of the statutes is repealed and recreated to
7read:
AB557-ASA1,15,88
20.395
(2) (bq) (title)
Rail service assistance, state funds.
AB557-ASA1,15,1210
20.395
(2) (br)
Rail passenger service, state funds. Biennially, the amounts in
11the schedule for purposes of rail passenger service assistance and promotion under
12s. 85.06
(1) to (3).
AB557-ASA1,15,1715
20.395
(2) (bu)
Freight rail infrastructure improvements, state funds. As a
16continuing appropriation, the amounts in the schedule for loans under s. 85.08 (4m)
17(d) and (e) and to make payments under s. 85.085.
AB557-ASA1,15,2219
20.395
(3) (bq)
Major highway development, state funds. As a continuing
20appropriation, the amounts in the schedule for major development of state trunk and
21connecting highways and, before
July 1, 1995 October 1, 1997, for the disadvantaged
22business demonstration and training program under s. 84.076.
AB557-ASA1,16,424
20.395
(3) (bv)
Major highway development, local funds. All moneys received
25from any local unit of government or other source for major development of state
1trunk and connecting highways, including the railroad and utility alteration and
2relocation loan program under s. 84.065, and, before
July 1, 1995 October 1, 1997,
3the disadvantaged business demonstration and training program under s. 84.076,
4for such purposes.
AB557-ASA1,16,96
20.395
(3) (bx)
Major highway development, federal funds. All moneys received
7from the federal government for major development of state trunk and connecting
8highways and, before
July 1, 1995 October 1, 1997, the disadvantaged business
9demonstration and training program under s. 84.076, for such purposes.
AB557-ASA1,16,2211
20.395
(3) (cq)
State highway rehabilitation, state funds. As a continuing
12appropriation, the amounts in the schedule for improvement of existing state trunk
13and connecting highways; for improvement of bridges on state trunk or connecting
14highways and other bridges for which improvement is a state responsibility, for
15necessary approach work for such bridges and for replacement of such bridges with
16at-grade crossing improvements; for the construction and rehabilitation of the
17national system of interstate and defense highways and bridges and related
18appurtenances; for special maintenance activities under s. 84.04 on roadside
19improvements; for bridges under s. 84.10; for payment to a local unit of government
20for a jurisdictional transfer under s. 84.02 (8); and, before
July 1, 1995 October 1,
211997, for the disadvantaged business demonstration and training program under s.
2284.076.
AB557-ASA1,17,1024
20.395
(3) (cv)
State highway rehabilitation, local funds. All moneys received
25from any local unit of government or other source for the specific information sign
1program under s. 86.195; for improvement of existing state trunk and connecting
2highways; for improvement of bridges on state trunk or connecting highways and
3other bridges for which improvement is a state responsibility, for necessary approach
4work for such bridges and for replacement of such bridges with at-grade crossing
5improvements; for the construction and rehabilitation of the national system of
6interstate and defense highways and bridges and related appurtenances; for special
7maintenance activities under s. 84.04 on roadside improvements; for the railroad
8and utility alteration and relocation loan program under s. 84.065 and, before
July
91, 1995 October 1, 1997, for the disadvantaged business demonstration and training
10program under s. 84.076, for such purposes.
AB557-ASA1,17,2112
20.395
(3) (cx)
State highway rehabilitation, federal funds. All moneys
13received from the federal government for improvement of existing state trunk and
14connecting highways; for improvement of bridges on state trunk or connecting
15highways and other bridges for which improvement is a state responsibility, for
16necessary approach work for such bridges and for replacement of such bridges with
17at-grade crossing improvements; for the construction and rehabilitation of the
18national system of interstate and defense highways and bridges and related
19appurtenances; for special maintenance activities under s. 84.04 on roadside
20improvements and, before
July 1, 1995 October 1, 1997, for the disadvantaged
21business demonstration and training program under s. 84.076, for such purposes.
AB557-ASA1,18,623
20.395
(3) (eq)
Highway maintenance, repair and traffic operations, state
24funds. Biennially, the amounts in the schedule for the maintenance and repair of
25roadside improvements under s. 84.04, state trunk highways under s. 84.07 and
1bridges that are not on the state trunk highway system under s. 84.10; for highway
2operations such as permit issuance, pavement marking, highway signing, traffic
3signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27
4and ch. 349; and, before
July 1, 1995 October 1, 1997, for the disadvantaged business
5demonstration and training program under s. 84.076. This paragraph does not apply
6to special maintenance activities under s. 84.04 on roadside improvements.
AB557-ASA1,18,178
20.395
(3) (ev)
Highway maintenance, repair and traffic operations, local
9funds. All moneys received from any local unit of government or other sources for
10the maintenance and repair of roadside improvements under s. 84.04, state trunk
11highways under s. 84.07 and bridges that are not on the state trunk highway system
12under s. 84.10; for signing under s. 86.195; for highway operations such as permit
13issuance, pavement marking, highway signing, traffic signalization and highway
14lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before
15July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and
16training program under s. 84.076; for such purposes. This paragraph does not apply
17to special maintenance activities under s. 84.04 on roadside improvements.
AB557-ASA1,19,319
20.395
(3) (ex)
Highway maintenance, repair and traffic operations, federal
20funds. All moneys received from the federal government for the maintenance and
21repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07
22and bridges that are not on the state trunk highway system under s. 84.10; for
23highway operations such as permit issuance, pavement marking, highway signing,
24traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25
25to 348.27 and ch. 349; and, before
July 1, 1995 October 1, 1997, for the disadvantaged
1business demonstration and training program under s. 84.076; for such purposes.
2This paragraph does not apply to special maintenance activities under s. 84.04 on
3roadside improvements.
AB557-ASA1,19,146
20.395
(5) (cq)
Vehicle registration, inspection and maintenance and driver
7licensing, state funds. The amounts in the schedule for administering the vehicle
8registration and driver licensing program, including the traffic violation and
9registration program and the driver license reinstatement training program under
10s. 85.28, for administering the motor vehicle emission inspection and maintenance
11program under s. 110.20, for the training of inspectors under s. 110.22, for
12administering the fuel tax
and fee reporting program under s. 341.45 and to
13compensate for services performed, as determined by the secretary of transportation,
14by any county providing registration services.
AB557-ASA1,19,1916
20.395
(5) (dk)
Public safety radio management, service funds. From the
17general fund, all moneys received
by the department from the department and from
18other state agencies for purposes related to the statewide public safety radio
19management program under s. 85.12, for that purpose.
AB557-ASA1,19,2321
20.490
(3) Rail passenger service grant program. (q)
Transfer for grants. 22From the transportation fund, all moneys received from the appropriation account
23under s. 20.865 (4) (u) for the purpose of making the grants under s. 234.665.
AB557-ASA1,20,4
120.505
(1) (md)
Oil overcharge restitution funds. All federal moneys received
2as oil overcharge funds, as defined in s. 14.065 (1), for expenditure under proposals
3approved by the joint committee on finance under s. 14.065
and for transfers under
41993 Wisconsin Act 16, section 9201 (1z).
AB557-ASA1,20,76
20.855
(4) (r)
Border area fuel tax rebates. From the transportation fund, a sum
7sufficient to make the payments under s. 73.03 (53).
AB557-ASA1,20,129
20.866
(2) (uv)
Transportation, harbor improvements. From the capital
10improvement fund, a sum sufficient for the department of transportation to provide
11grants for harbor improvements. The state may contract public debt in an amount
12not to exceed
$9,000,000 $12,000,000 for this purpose.
AB557-ASA1,20,2114
20.866
(2) (uw)
Transportation; rail acquisitions and improvements. From the
15capital improvement fund, a sum sufficient for the department of transportation to
16acquire railroad property under ss. 85.08 (2) (L) and 85.09;
and to provide grants and
17loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d)
;
18and to credit the appropriation account under s. 20.395 (2) (bt) as reimbursement for
19initial temporary funding of acquisitions, grants or loans authorized under 1993
20Wisconsin Act 16, section 9154 (4n). The state may contract public debt in an amount
21not to exceed
$10,000,000 $14,500,000 for these purposes.
AB557-ASA1, s. 35
22Section
35. 25.40 (1) (a) 12. of the statutes is created to read:
AB557-ASA1,20,2423
25.40
(1) (a) 12. Fees collected under s. 341.45 (1g) (a) that are required under
24s. 341.45 (4m) to be deposited in the petroleum inspection fund.
AB557-ASA1,21,2
125.40
(1) (a) 13. Fees collected under s. 341.145 (3) that are required by s.
2341.145 (3m) to be deposited in the veterans trust fund.
AB557-ASA1, s. 36
3Section
36. 25.40 (2) (b) 15g. of the statutes is created to read:
AB557-ASA1,21,44
25.40
(2) (b) 15g. Section 20.445 (1) (ny).
AB557-ASA1,21,66
25.40
(2) (b) 20d. Section 20.490 (3) (q).
AB557-ASA1,21,88
25.40
(2) (b) 23m. Section 20.855 (4) (r).
AB557-ASA1,21,1510
70.337
(7) This section does not apply to property that is exempt under s. 70.11
11(13), (13m), (15), (15m), (21) or (30), property that is exempt under s. 70.11 (18) if a
12payment in lieu of taxes is made for that property, lake beds owned by the state, state
13forests under s. 28.03 or 28.035, county forests under s. 28.10
, property acquired by
14the department of transportation under s. 85.08 (2) (L) or 85.09 or highways, as
15defined in s. 340.01 (22).
AB557-ASA1,21,1917
73.03
(29m) To provide on an appropriate tax form, as determined by the
18secretary of revenue, a place for taxpayers to certify that they had at least $6,000 in
19gross farm profits, as defined in s. 71.58 (4), for the applicable taxable year.
AB557-ASA1,22,1321
73.03
(53) Upon application, to establish areas, which last for one year, based
22on competitive need; as evidenced by the need to minimize sales lost to retailers in
23other states, the difference between the total of the taxes and fees on gasoline in this
24state and the neighboring state, the distance between retailers in this state and the
25nearest retailer in a neighboring state, the chance of regaining customers lost to
1retailers in other states, the economic importance of fuel retailers to their
2communities and the impact on this state of the loss of tax revenue due to sales lost
3to retailers in other states; in which all motor vehicle fuel dealers will be paid rebates
4of state taxes and fees on that gasoline if the total of the fees and taxes on gasoline
5imposed by this state exceed the total of those fees and taxes imposed by the
6neighboring state by more than 5 cents per gallon, to establish the amount of the
7rebate and to certify to the department of administration the amount due each
8retailer for payment quarterly from the appropriation under s. 20.855 (4) (r). If the
9sum of the rebates for a quarter is more than 25% of the amount appropriated for the
10fiscal year, the department of administration shall prorate the rebates. If the sum
11of the rebates for a quarter is less than 25% of the amount appropriated for the fiscal
12year, the department of administration shall retain the excess in the appropriation
13account for future rebates.
AB557-ASA1,22,1715
78.005
(13g) "Recreational motorboat" means a motorboat used predominately
16for the entertainment, amusement or recreation of the owner of the motorboat,
17whether or not it is used in a trade or business.
AB557-ASA1,23,619
78.01
(1) Imposition of tax and by whom paid. An excise tax at the rate
20determined under
s. ss. 78.015
and 78.017 is imposed on all motor vehicle fuel
21received by a supplier for sale in this state, for sale for export to this state or for export
22to this state except as otherwise provided in this chapter. The motor vehicle fuel tax
23is to be computed and paid as provided in this chapter. Except as otherwise provided
24in this chapter, a person who receives motor vehicle fuel under s. 78.07 shall collect
25from the purchaser of the motor vehicle fuel that is received, and the purchaser shall
1pay to the person who receives the motor vehicle fuel under s. 78.07, the tax imposed
2by this section on each sale of motor vehicle fuel at the time of the sale, irrespective
3of whether the sale is for cash or on credit. In each subsequent sale or distribution
4of motor vehicle fuel on which the tax has been collected as provided in this
5subsection, the tax collected shall be added to the selling price so that the tax is paid
6ultimately by the user of the motor vehicle fuel.
AB557-ASA1,23,128
78.01
(2) (e) Gasoline sold for nonhighway use in mobile machinery and
9equipment
; other than use in a snowmobile, an all-terrain vehicle that is not
10registered for private use under s. 23.33 (2) (d) or a recreational motorboat; and
11delivered directly into the consumer's storage tank in an amount of not less than 100
12gallons.
AB557-ASA1,23,1714
78.01
(2m) (f) It is sold for off-highway use
other than use in a snowmobile, an
15all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a
16recreational motorboat or if no claim for a refund for the tax on the diesel fuel may
17be made under s. 78.75 (1m) (a) 3.
AB557-ASA1,23,20
1978.017 Adjustment in 1995. On December 1, 1995, the rate of the tax imposed
20under s. 78.01 (1) is increased by 2.9 cents per gallon.