Amendment ASA2-AB557

LRBs0275/1

TNF/PEN/JS:kg/sg:ks

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, To 1995 ASSEMBLY BILL 557

October 11, 1995 - Offered by Representatives Foti and Brancel.

AB557-ASA2,3,19 An Act to repeal 20.395 (1) (bq), 20.395 (1) (bu), 20.395 (2) (bt), 85.20 (4m) (am), 85.20 (4m) (e), 86.30 (2) (a) 3. c., 114.002 (4), 114.002 (13), 114.20 (2) (c), 114.20 (7), 114.20 (13) (b) 3., 343.03 (1) (c), 343.03 (8) and 343.265 (1) (a) and (b); to renumber 85.085 (1) and 343.14 (3); to renumber and amend 20.395 (1) (bw), 85.20 (4m) (a), 114.20 (9) (a) to (c), 343.05 (4) (a) 3. and 343.265 (1) (intro.); to amend 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), 20.866 (2) (uv), 20.866 (2) (uw), 70.337 (7), 78.01 (2) (e), 78.01 (2m) (f), 78.40 (1), 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), 85.20 (4m) (em) 1., 85.20 (4s), 86.30 (2) (a) 3. d., 86.30 (9), 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), 341.43, 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), 343.245 (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), 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), 20.395 (1) (dq), 20.395 (1) (dr), 20.395 (1) (ds), 20.395 (1) (dt), 25.40 (1) (a) 12., 25.40 (2) (b) 15g., 78.005 (13g), 84.013 (3) (kb) to (km), 84.183, 84.185 (6r), 84.61, 85.022 (2), 85.085 (1b), 85.20 (4m) (a) 1. to 4., 85.20 (7), 86.30 (2) (a) 3. e., 86.30 (2) (a) 3. f., 86.30 (2) (bg), 114.20 (9m) (intro.), 341.21, 341.45 (4g), 341.45 (4m), 343.01 (2) (cb), 343.01 (2) (d), 343.027, 343.05 (2) (c) 2., 343.14 (3) (b), 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) and 343.44 (4r) of the statutes; relating to: state finances and appropriations for the department of transportation; taxation of motor vehicle fuel that is not sold for use on highways; motor vehicle fuel and alternate fuels taxes and qualified motor vehicles; repaving a portion of I 43 in Milwaukee County; rehabilitation of private road crossings; rail passenger service; funding for a study of high-speed rail service; creation of a state trunk highway; vehicle accidents resulting in property damage; performance of motor vehicle registration and titling functions by motor vehicle dealers; exempting railroad property acquired by the department of transportation from the tax-exempt property reporting requirement; registration period and fees applicable to aircraft; transportation facilities economic assistance and development aid; creating a reserve fund for state highway rehabilitation associated with a stadium for the Milwaukee Brewers and construction activities on the East-West Freeway; creation of a high-cost bridge program; demerit point reduction for completion of a rider course relating to Type 1 motorcycle operation; local transportation aids; the international fuel tax agreement and the oil inspection fee; authorizing construction of additional major highway projects; aids for county forest roads; the urban mass transit operating assistance program; the employment transit assistance program; signatures and digitized images; 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; railroad construction loans; delaying the expiration date of the disadvantaged business demonstration and training program; 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-ASA2, 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-ASA2,4,3 - See PDF for table

AB557-ASA2, s. 2m Section 2m. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB557-ASA2, s. 2p Section 2p. 20.395 (1) (bq) of the statutes is repealed.

AB557-ASA2, s. 2pm Section 2pm. 20.395 (1) (bu) of the statutes is repealed.

AB557-ASA2, s. 2r Section 2r. 20.395 (1) (bw) of the statutes is created to read:

AB557-ASA2,14,8 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-ASA2, s. 2t Section 2t. 20.395 (1) (bw) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 20.445 (1) (uy) and amended to read:

AB557-ASA2,15,3 20.445 (1) (uy) 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-ASA2, s. 8d Section 8d. 20.395 (1) (dq) of the statutes is created to read:

AB557-ASA2,15,7 20.395 (1) (dq) Larger communities transit operating aids, state funds. The amounts in the schedule for mass transit aids to larger communities under s. 85.20 (4m) (a) 1.

AB557-ASA2, s. 8g Section 8g. 20.395 (1) (dr) of the statutes is created to read:

AB557-ASA2,15,11 20.395 (1) (dr) Large communities transit operating aids, state funds. The amounts in the schedule for mass transit aids to large communities under s. 85.20 (4m) (a) 2.

AB557-ASA2, s. 8j Section 8j. 20.395 (1) (ds) of the statutes is created to read:

AB557-ASA2,15,15 20.395 (1) (ds) Medium-sized communities transit operating aids, state funds. The amounts in the schedule for mass transit aids to medium-sized communities under s. 85.20 (4m) (a) 3.

AB557-ASA2, s. 8m Section 8m. 20.395 (1) (dt) of the statutes is created to read:

AB557-ASA2,15,19 20.395 (1) (dt) Small communities transit operating aids, state funds. The amounts in the schedule for mass transit aids to small communities under s. 85.20 (4m) (a) 4.

AB557-ASA2, s. 9 Section 9. 20.395 (2) (bq) (title) of the statutes is repealed and recreated to read:

AB557-ASA2,15,22 20.395 (2) (bq) (title) Rail service assistance, state funds.

AB557-ASA2, s. 10 Section 10. 20.395 (2) (bt) of the statutes is repealed.

AB557-ASA2, s. 11 Section 11. 20.395 (2) (bu) of the statutes is amended to read:

AB557-ASA2,16,3 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-ASA2, s. 13 Section 13. 20.395 (3) (bq) of the statutes is amended to read:

AB557-ASA2,16,8 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-ASA2, s. 14 Section 14. 20.395 (3) (bv) of the statutes is amended to read:

AB557-ASA2,16,15 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-ASA2, s. 15 Section 15. 20.395 (3) (bx) of the statutes is amended to read:

AB557-ASA2,16,20 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-ASA2, s. 16 Section 16. 20.395 (3) (cq) of the statutes is amended to read:

AB557-ASA2,17,8 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-ASA2, s. 17 Section 17. 20.395 (3) (cv) of the statutes is amended to read:

AB557-ASA2,17,21 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-ASA2, s. 18 Section 18. 20.395 (3) (cx) of the statutes is amended to read:

AB557-ASA2,18,7 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-ASA2, s. 19 Section 19. 20.395 (3) (eq) of the statutes is amended to read:

AB557-ASA2,18,17 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-ASA2, s. 20 Section 20. 20.395 (3) (ev) of the statutes is amended to read:

AB557-ASA2,19,3 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-ASA2, s. 21 Section 21. 20.395 (3) (ex) of the statutes is amended to read:

AB557-ASA2,19,14 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-ASA2, s. 23 Section 23. 20.395 (5) (cq) of the statutes is amended to read:

AB557-ASA2,19,24 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-ASA2, s. 24 Section 24. 20.395 (5) (dk) of the statutes is amended to read:

AB557-ASA2,20,4 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-ASA2, s. 29 Section 29. 20.866 (2) (uv) of the statutes is amended to read:

AB557-ASA2,20,9 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-ASA2, s. 30 Section 30. 20.866 (2) (uw) of the statutes is amended to read:

AB557-ASA2,20,18 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-ASA2, s. 35 Section 35. 25.40 (1) (a) 12. of the statutes is created to read:

AB557-ASA2,20,21 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-ASA2, s. 36m Section 36m. 25.40 (2) (b) 15g. of the statutes is created to read:

AB557-ASA2,20,23 25.40 (2) (b) 15g. Section 20.445 (1) (uy).

AB557-ASA2, s. 37b Section 37b. 70.337 (7) of the statutes is amended to read:

AB557-ASA2,21,6 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-ASA2, s. 41 Section 41. 78.005 (13g) of the statutes is created to read:

AB557-ASA2,21,10 78.005 (13g) "Recreational motorboat" means a motorboat used predominantly for the entertainment, amusement or recreation of the owner of the motorboat, whether or not it is used in a trade or business.

AB557-ASA2, s. 42 Section 42. 78.01 (2) (e) of the statutes is amended to read:

AB557-ASA2,21,16 78.01 (2) (e) Gasoline sold for nonhighway use in mobile machinery and equipment; other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat; and delivered directly into the consumer's storage tank in an amount of not less than 100 gallons.

AB557-ASA2, s. 43 Section 43. 78.01 (2m) (f) of the statutes is amended to read:

AB557-ASA2,21,21 78.01 (2m) (f) It is sold for off-highway use other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

AB557-ASA2, s. 47 Section 47. 78.40 (1) of the statutes is amended to read:

AB557-ASA2,22,10 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under s. 78.405 is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.

AB557-ASA2, s. 50 Section 50. 78.75 (1m) (a) 2. of the statutes is amended to read:

AB557-ASA2,22,17 78.75 (1m) (a) 2. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating a snowmobile, as defined under s. 340.01 (58a), an aircraft, as defined under s. 78.55 (2), or a motorboat, as defined under s. 30.50 (6), unless the motorboat is exempt from registration as a motor vehicle under s. 341.05 (20) not a recreational motorboat, may not be reimbursed or repaid the amount of tax paid.

AB557-ASA2, s. 51 Section 51. 78.75 (1m) (a) 3. of the statutes is amended to read:

AB557-ASA2,23,7 78.75 (1m) (a) 3. Claims under subd. 1. shall be made and filed upon forms prescribed and furnished by the department. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) and shall indicate that estimated all-terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.

AB557-ASA2, s. 53 Section 53. 84.013 (3) (kb) to (km) of the statutes are created to read:

AB557-ASA2,23,11 84.013 (3) (kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.

AB557-ASA2,23,15 (kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.

AB557-ASA2,23,19 (km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire freeway, in Eau Claire and Chippewa counties.

AB557-ASA2, s. 54 Section 54. 84.013 (3) (ye) of the statutes is amended to read:

AB557-ASA2,23,22 84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.