Amendment ASA1-AB557

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 An Act to repeal 20.395 (2) (bt), 20.395 (4) (bh), 85.50, 86.30 (2) (a) 3. c., 86.32 (2) (am) 5. and 6., 114.002 (4), 114.002 (13), 114.20 (2) (c), 114.20 (7), 114.20 (13) (b) 3., 166.20 (7g), 341.14 (6r) (b) 3., 343.03 (1) (c), 343.03 (8), 343.14 (4) and 343.265 (1) (a) and (b); to renumber 85.085 (1); to renumber and amend 20.395 (1) (bw), 85.26 (2) (a), 114.20 (9) (a) to (c), 341.297 (2), 343.05 (4) (a) 3. and 343.265 (1) (intro.); to amend 20.395 (2) (br), 20.395 (2) (bu), 20.395 (3) (bq), 20.395 (3) (bv), 20.395 (3) (bx), 20.395 (3) (cq), 20.395 (3) (cv), 20.395 (3) (cx), 20.395 (3) (eq), 20.395 (3) (ev), 20.395 (3) (ex), 20.395 (5) (cq), 20.395 (5) (dk), 20.505 (1) (md), 20.866 (2) (uv), 20.866 (2) (uw), 70.337 (7), 78.01 (1), 78.01 (2) (e), 78.01 (2m) (f), 78.12 (2) (intro.), 78.12 (4) (a) 4., 78.12 (4) (b) 2., 78.12 (5) (a), 78.40 (1), 78.49 (1) (a), 78.49 (1) (b), 78.75 (1m) (a) 2., 78.75 (1m) (a) 3., 84.013 (3) (ye), 84.076 (5), 84.59 (6), 85.06 (2) (b), 85.061 (3), 85.08 (4m) (e) 1., 85.085 (3), 85.21 (1), 85.21 (2) (b), 85.21 (3) (c), 85.243 (title), 85.243 (2) (a), 86.30 (2) (a) 3. d., 86.30 (9), 86.31 (3m), 86.315 (1), 110.08 (2), 114.002 (11), 114.20 (1) (title), 114.20 (1) (a), 114.20 (1) (b), 114.20 (2) (intro.), 114.20 (5), 114.20 (9) (d), 114.20 (12), 114.20 (13) (b) 1., 114.20 (13) (b) 2., 114.20 (13) (b) 5., 114.20 (15) (b), 121.555 (2) (c) 1., 218.01 (2) (bd) 1g., 218.01 (2) (bd) 1r., 218.01 (2c) (c), 218.01 (3) (a) 24., 218.01 (3x) (b) 2., 218.01 (3x) (b) 3., 218.01 (3x) (c) 1. (intro.), 218.01 (3x) (c) 2., 218.01 (7m) (a), 218.01 (7m) (c), 340.01 (7m), 340.01 (7r), 341.08 (4), 341.14 (6r) (b) 2., 341.14 (6r) (b) 4., 341.14 (6r) (b) 5., 341.26 (3) (a) 1., 341.43, 341.45 (title), 341.45 (1g) (a), 341.45 (1g) (b), 341.45 (2), 341.45 (3), 341.45 (5), 343.02 (1), 343.03 (1) (a), 343.03 (1) (b), 343.03 (5), 343.05 (2) (a) 2., 343.05 (2) (c), 343.055 (5), 343.06 (1) (c), 343.06 (2), 343.065 (title), 343.065 (1), 343.065 (2), 343.10 (2) (a) 1., 343.10 (10) (a), 343.12 (2) (h), 343.16 (1) (a), 343.17 (3) (e) 1., 343.21 (1) (g), 343.23 (2), 343.24 (2m), 343.245 (3) (b) 3. and 4., 343.245 (4) (b), 343.28 (1), 343.28 (2), 343.305 (10) (em), 343.315 (2) (f) (intro.), 343.315 (3) (a), 343.315 (3) (b), 343.32 (4), 343.325 (title), 343.325 (2), 343.325 (3), 343.325 (3m), 343.325 (4), 343.325 (5), 343.325 (6) (a), 343.44 (title), 343.44 (1), 343.44 (3), 344.12, 344.14 (2) (e), 346.70 (1), 348.15 (3) (bg), (br), (bv) and (e), 348.175, 348.19 (2) (b) and (4), 348.27 (4), (9m) and (9r) and 967.055 (2) (a); to repeal and recreate 20.395 (2) (bq) (title), 78.40 (1), 218.01 (2) (bd) 1g., 218.01 (3x) (b) 2., 218.01 (3x) (b) 3. and 343.03 (1) (title); and to create 20.395 (1) (bw), 20.490 (3), 20.855 (4) (r), 25.40 (1) (a) 12., 25.40 (1) (a) 13., 25.40 (2) (b) 15g., 25.40 (2) (b) 20d., 25.40 (2) (b) 23m., 73.03 (29m), 73.03 (53), 78.005 (13g), 78.017, 78.407, 84.013 (3) (kb) to (km), 85.022 (2), 85.06 (4), 85.085 (1b), 85.20 (7), 85.21 (5), 85.243 (2) (b) 5., 85.26 (2) (a) 2., 86.30 (2) (a) 3. e., 86.30 (2) (a) 3. f., 86.32 (2) (am) 8., 86.32 (2) (am) 9., 114.20 (9m) (intro.), 234.665, 341.08 (2) (am), 341.08 (2) (cm), 341.08 (8), 341.145 (3m), 341.21, 341.297 (2) (b), 341.45 (4g), 341.45 (4m), 343.01 (2) (cb), 343.05 (2) (c) 2., 343.21 (1) (jm), 343.21 (1) (m), 343.245 (3) (b) 5., 343.315 (2) (fm), 343.315 (2) (h), 343.315 (2) (i), 343.44 (4r) and 349.02 (3) of the statutes; relating to: state finances and appropriations for the department of transportation; providing refunds to certain retailers; the rates for the motor vehicle fuel tax and the alternate fuels tax; the reporting date and payment date for the motor vehicle fuel tax; taxation of motor vehicle fuel that is not sold for use on highways; motor vehicle fuel and alternate fuel taxes and qualified motor vehicles; the international fuel tax agreement and the petroleum product inspection fee; authorizing construction of additional major highway projects; aids for county forest roads; vehicle weight limit exceptions on a part of the national system of interstate and defense highways; numerous changes to the classified driver license system and commercial motor vehicle operation; eligibility for an occupational license; demerit point reduction for completion of a rider course relating to Type 1 motorcycle operation; vehicle accidents resulting in property damage; the use of photo radar speed detection in the enforcement of state and local traffic laws; performance of motor vehicle registration and titling functions by motor vehicle dealers; farm truck registration; the fees for issuing, reissuing and renewing certain motor vehicle registration plates; the fee for furnishing certain operators' records; local transportation and connecting highway aids; creation of a state trunk highway; the funding of the urban mass transit operating assistance program; funding for a study of high-speed rail service; creating a rail passenger service grant program; service improvement projects for transportation services for the elderly and disabled; repaving a portion of I 43 in Milwaukee County; authorizing the department of transportation to conduct projects under the surface transportation discretionary grants program; railroad rehabilitation and construction loans; rehabilitation of private road crossings; the employment transit assistance program; the registration period and fees applicable to aircraft; eliminating hazardous materials transportation fees; delaying the expiration date of the disadvantaged business demonstration and training program; rail passenger service; exempting railroad property acquired by the department of transportation from the tax-exempt property reporting requirement; auditing the department of transportation; the sale of surplus land; granting bonding authority; granting rule-making authority; making appropriations; and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB557-ASA1, s. 1 Section 1. 20.005 (3) (schedule) of the statutes, as it affects 20.395 of the statutes, is repealed and recreated to read:

AB557-ASA1,4,10 - See PDF for table

AB557-ASA1, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB557-ASA1, s. 7 Section 7. 20.395 (1) (bw) of the statutes is created to read:

AB557-ASA1,14,6 20.395 (1) (bw) Employment transit aids, state funds. The amounts in the schedule for the employment transit assistance program under s. 85.26.

AB557-ASA1, s. 8 Section 8. 20.395 (1) (bw) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 20.445 (1) (ny) and amended to read:

AB557-ASA1,15,5 20.445 (1) (ny) Employment transit aids, state funds. The From the transportation fund, the amounts in the schedule for the employment transit assistance program under s. 85.26 106.26.

AB557-ASA1, s. 9 Section 9. 20.395 (2) (bq) (title) of the statutes is repealed and recreated to read:

AB557-ASA1,15,8 20.395 (2) (bq) (title) Rail service assistance, state funds.

AB557-ASA1, s. 9m Section 9m. 20.395 (2) (br) of the statutes is amended to read:

AB557-ASA1,15,12 20.395 (2) (br) Rail passenger service, state funds. Biennially, the amounts in the schedule for purposes of rail passenger service assistance and promotion under s. 85.06 (1) to (3).

AB557-ASA1, s. 10 Section 10. 20.395 (2) (bt) of the statutes is repealed.

AB557-ASA1, s. 11 Section 11. 20.395 (2) (bu) of the statutes is amended to read:

AB557-ASA1,15,17 20.395 (2) (bu) Freight rail infrastructure improvements, state funds. As a continuing appropriation, the amounts in the schedule for loans under s. 85.08 (4m) (d) and (e) and to make payments under s. 85.085.

AB557-ASA1, s. 13 Section 13. 20.395 (3) (bq) of the statutes is amended to read:

AB557-ASA1,15,22 20.395 (3) (bq) Major highway development, state funds. As a continuing appropriation, the amounts in the schedule for major development of state trunk and connecting highways and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076.

AB557-ASA1, s. 14 Section 14. 20.395 (3) (bv) of the statutes is amended to read:

AB557-ASA1,16,4 20.395 (3) (bv) Major highway development, local funds. All moneys received from any local unit of government or other source for major development of state trunk and connecting highways, including the railroad and utility alteration and relocation loan program under s. 84.065, and, before July 1, 1995 October 1, 1997, the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

AB557-ASA1, s. 15 Section 15. 20.395 (3) (bx) of the statutes is amended to read:

AB557-ASA1,16,9 20.395 (3) (bx) Major highway development, federal funds. All moneys received from the federal government for major development of state trunk and connecting highways and, before July 1, 1995 October 1, 1997, the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

AB557-ASA1, s. 16 Section 16. 20.395 (3) (cq) of the statutes is amended to read:

AB557-ASA1,16,22 20.395 (3) (cq) State highway rehabilitation, state funds. As a continuing appropriation, the amounts in the schedule for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements; for bridges under s. 84.10; for payment to a local unit of government for a jurisdictional transfer under s. 84.02 (8); and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076.

AB557-ASA1, s. 17 Section 17. 20.395 (3) (cv) of the statutes is amended to read:

AB557-ASA1,17,10 20.395 (3) (cv) State highway rehabilitation, local funds. All moneys received from any local unit of government or other source for the specific information sign program under s. 86.195; for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements; for the railroad and utility alteration and relocation loan program under s. 84.065 and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

AB557-ASA1, s. 18 Section 18. 20.395 (3) (cx) of the statutes is amended to read:

AB557-ASA1,17,21 20.395 (3) (cx) State highway rehabilitation, federal funds. All moneys received from the federal government for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

AB557-ASA1, s. 19 Section 19. 20.395 (3) (eq) of the statutes is amended to read:

AB557-ASA1,18,6 20.395 (3) (eq) Highway maintenance, repair and traffic operations, state funds. Biennially, the amounts in the schedule for the maintenance and repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07 and bridges that are not on the state trunk highway system under s. 84.10; for highway operations such as permit issuance, pavement marking, highway signing, traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076. This paragraph does not apply to special maintenance activities under s. 84.04 on roadside improvements.

AB557-ASA1, s. 20 Section 20. 20.395 (3) (ev) of the statutes is amended to read:

AB557-ASA1,18,17 20.395 (3) (ev) Highway maintenance, repair and traffic operations, local funds. All moneys received from any local unit of government or other sources for the maintenance and repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07 and bridges that are not on the state trunk highway system under s. 84.10; for signing under s. 86.195; for highway operations such as permit issuance, pavement marking, highway signing, traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076; for such purposes. This paragraph does not apply to special maintenance activities under s. 84.04 on roadside improvements.

AB557-ASA1, s. 21 Section 21. 20.395 (3) (ex) of the statutes is amended to read:

AB557-ASA1,19,3 20.395 (3) (ex) Highway maintenance, repair and traffic operations, federal funds. All moneys received from the federal government for the maintenance and repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07 and bridges that are not on the state trunk highway system under s. 84.10; for highway operations such as permit issuance, pavement marking, highway signing, traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076; for such purposes. This paragraph does not apply to special maintenance activities under s. 84.04 on roadside improvements.

AB557-ASA1, s. 22 Section 22. 20.395 (4) (bh) of the statutes is repealed.

AB557-ASA1, s. 23 Section 23. 20.395 (5) (cq) of the statutes is amended to read:

AB557-ASA1,19,14 20.395 (5) (cq) Vehicle registration, inspection and maintenance and driver licensing, state funds. The amounts in the schedule for administering the vehicle registration and driver licensing program, including the traffic violation and registration program and the driver license reinstatement training program under s. 85.28, for administering the motor vehicle emission inspection and maintenance program under s. 110.20, for the training of inspectors under s. 110.22, for administering the fuel tax and fee reporting program under s. 341.45 and to compensate for services performed, as determined by the secretary of transportation, by any county providing registration services.

AB557-ASA1, s. 24 Section 24. 20.395 (5) (dk) of the statutes is amended to read:

AB557-ASA1,19,19 20.395 (5) (dk) Public safety radio management, service funds. From the general fund, all moneys received by the department from the department and from other state agencies for purposes related to the statewide public safety radio management program under s. 85.12, for that purpose.

AB557-ASA1, s. 24m Section 24m. 20.490 (3) of the statutes is created to read:

AB557-ASA1,19,23 20.490 (3) Rail passenger service grant program. (q) Transfer for grants. From the transportation fund, all moneys received from the appropriation account under s. 20.865 (4) (u) for the purpose of making the grants under s. 234.665.

AB557-ASA1, s. 25 Section 25. 20.505 (1) (md) of the statutes is amended to read:

AB557-ASA1,20,4 20.505 (1) (md) Oil overcharge restitution funds. All federal moneys received as oil overcharge funds, as defined in s. 14.065 (1), for expenditure under proposals approved by the joint committee on finance under s. 14.065 and for transfers under 1993 Wisconsin Act 16, section 9201 (1z).

AB557-ASA1, s. 28m Section 28m. 20.855 (4) (r) of the statutes is created to read:

AB557-ASA1,20,7 20.855 (4) (r) Border area fuel tax rebates. From the transportation fund, a sum sufficient to make the payments under s. 73.03 (53).

AB557-ASA1, s. 29 Section 29. 20.866 (2) (uv) of the statutes is amended to read:

AB557-ASA1,20,12 20.866 (2) (uv) Transportation, harbor improvements. From the capital improvement fund, a sum sufficient for the department of transportation to provide grants for harbor improvements. The state may contract public debt in an amount not to exceed $9,000,000 $12,000,000 for this purpose.

AB557-ASA1, s. 30 Section 30. 20.866 (2) (uw) of the statutes is amended to read:

AB557-ASA1,20,21 20.866 (2) (uw) Transportation; rail acquisitions and improvements. From the capital improvement fund, a sum sufficient for the department of transportation to acquire railroad property under ss. 85.08 (2) (L) and 85.09; and to provide grants and loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d); and to credit the appropriation account under s. 20.395 (2) (bt) as reimbursement for initial temporary funding of acquisitions, grants or loans authorized under 1993 Wisconsin Act 16, section 9154 (4n). The state may contract public debt in an amount not to exceed $10,000,000 $14,500,000 for these purposes.

AB557-ASA1, s. 35 Section 35. 25.40 (1) (a) 12. of the statutes is created to read:

AB557-ASA1,20,24 25.40 (1) (a) 12. Fees collected under s. 341.45 (1g) (a) that are required under s. 341.45 (4m) to be deposited in the petroleum inspection fund.

AB557-ASA1, s. 35m Section 35m. 25.40 (1) (a) 13. of the statutes is created to read:

AB557-ASA1,21,2 25.40 (1) (a) 13. Fees collected under s. 341.145 (3) that are required by s. 341.145 (3m) to be deposited in the veterans trust fund.

AB557-ASA1, s. 36 Section 36. 25.40 (2) (b) 15g. of the statutes is created to read:

AB557-ASA1,21,4 25.40 (2) (b) 15g. Section 20.445 (1) (ny).

AB557-ASA1, s. 36g Section 36g. 25.40 (2) (b) 20d. of the statutes is created to read:

AB557-ASA1,21,6 25.40 (2) (b) 20d. Section 20.490 (3) (q).

AB557-ASA1, s. 36m Section 36m. 25.40 (2) (b) 23m. of the statutes is created to read:

AB557-ASA1,21,8 25.40 (2) (b) 23m. Section 20.855 (4) (r).

AB557-ASA1, s. 37 Section 37. 70.337 (7) of the statutes is amended to read:

AB557-ASA1,21,15 70.337 (7) This section does not apply to property that is exempt under s. 70.11 (13), (13m), (15), (15m), (21) or (30), property that is exempt under s. 70.11 (18) if a payment in lieu of taxes is made for that property, lake beds owned by the state, state forests under s. 28.03 or 28.035, county forests under s. 28.10, property acquired by the department of transportation under s. 85.08 (2) (L) or 85.09 or highways, as defined in s. 340.01 (22).

AB557-ASA1, s. 40 Section 40. 73.03 (29m) of the statutes is created to read:

AB557-ASA1,21,19 73.03 (29m) To provide on an appropriate tax form, as determined by the secretary of revenue, a place for taxpayers to certify that they had at least $6,000 in gross farm profits, as defined in s. 71.58 (4), for the applicable taxable year.

AB557-ASA1, s. 40m Section 40m. 73.03 (53) of the statutes is created to read:

AB557-ASA1,22,13 73.03 (53) Upon application, to establish areas, which last for one year, based on competitive need; as evidenced by the need to minimize sales lost to retailers in other states, the difference between the total of the taxes and fees on gasoline in this state and the neighboring state, the distance between retailers in this state and the nearest retailer in a neighboring state, the chance of regaining customers lost to retailers in other states, the economic importance of fuel retailers to their communities and the impact on this state of the loss of tax revenue due to sales lost to retailers in other states; in which all motor vehicle fuel dealers will be paid rebates of state taxes and fees on that gasoline if the total of the fees and taxes on gasoline imposed by this state exceed the total of those fees and taxes imposed by the neighboring state by more than 5 cents per gallon, to establish the amount of the rebate and to certify to the department of administration the amount due each retailer for payment quarterly from the appropriation under s. 20.855 (4) (r). If the sum of the rebates for a quarter is more than 25% of the amount appropriated for the fiscal year, the department of administration shall prorate the rebates. If the sum of the rebates for a quarter is less than 25% of the amount appropriated for the fiscal year, the department of administration shall retain the excess in the appropriation account for future rebates.

AB557-ASA1, s. 41 Section 41. 78.005 (13g) of the statutes is created to read: