Transportation
Transportation revenue
This bill creates an oil company franchise fee, which is imposed on persons who
import motor vehicle fuel into this state; produce, refine or manufacture motor
vehicle fuel in this state; or acquire motor vehicle fuel immediately after it is
imported into this state. The rate for the fee is 3.5% of the average weighted retail
price per gallon for the sale of motor vehicle fuel in this state. "Average weighted
retail price" means $1.10 for motor vehicle fuel received at terminals between
December 1, 1995, which is the effective date of the fee, and March 31, 1997. For
motor vehicle fuel received on April 1, 1997, and thereafter, "average weighted retail
price" means that price per gallon as determined by a method promulgated by the
department of revenue by rule within the range of $1.10 and $1.30, except that the
lower and upper limits are indexed annually as of April 1 to reflect the change in the
consumer price index during the previous year. Dyed diesel fuel; fuel exported from
this state; fuel sold to farmers; and fuel shipped from storage at a refinery, marine
terminal, pipeline terminal, pipeline tank farm or place of manufacture to another
entity of those types are exempt. Persons who use gasoline off highways for the
purpose of farming may apply for a refund of the fee.
The proceeds of this fee are part of the transportation projects fund and may be
pledged for that purpose.
Under current law, the rates for the motor vehicle fuel tax and for the alternate
fuels tax are indexed annually. A formula that has 2 factors, one that reflects
inflation and one that reflects consumption of fuel, is used in the indexing. This bill
provides that the consumption factor is not used in that indexing if the consumption
during the previous year is more than the consumption during the year before the
previous year.
This bill authorizes any county that has a population of at least 500,000 to
impose a fee at the rate of 2 cents per gallon on the storage of petroleum products,
excluding home heating fuel. The proceeds of this fee are required to be used only
for the county's mass transit system and for administration of the fee.
Under current law, diesel fuel sold for off-highway use is exempt from the motor
vehicle fuel tax. Under this bill, diesel fuel sold for off-highway use in a snowmobile,
an all-terrain vehicle that is not registered for private use or a recreational
motorboat is taxable.
Under current law, the tax on alternate fuels attaches at the time that the fuel
is delivered into the tank of a motor vehicle or, if it is not delivered that way, at the
time that the fuel is used. Under this bill, the tax also attaches at the time that the
fuel is delivered into the fuel tank of a snowmobile, all-terrain vehicle that is not
registered for private use or motorboat.
Under current law, refunds for motor vehicle fuel taxes or alternate fuel taxes
paid on fuel used in motorboats, except those registered as motor vehicles, may not
be claimed. This bill allows claims for taxes paid for fuel used in nonrecreational
motorboats.
Under current law, interstate motor carriers are required to pay the motor
vehicle fuel or alternate fuel tax imposed by this state by purchasing motor vehicle
fuel or alternate fuels within this state in an amount equal to the number of gallons
consumed while operating the vehicle upon the highways of this state; by remitting
the tax directly to DOT; or by remitting the tax to the base jurisdiction of the carrier
if that jurisdiction is a party to the international fuel tax agreement (IFTA). Carriers
are eligible for a credit or a refund equal to the tax on the motor vehicle fuel or
alternate fuel actually paid to the state in which it is used, but not to exceed the tax
imposed on motor vehicle fuel or alternate fuels by this state. Currently, only the
payment of taxes on motor fuel or alternate fuels qualifies for the credit or refund.
With certain exceptions, current law requires the department of industry, labor
and human relations (DILHR) to inspect petroleum products received into this state.
DILHR must assess a fee from the owner or other person for whom it inspects any
petroleum product. This fee is not refundable and may not be credited under IFTA.
This bill requires motor carriers to pay the oil company franchise and
petroleum product inspection fees in addition to the tax on motor vehicle fuel and
alternative fuel. Carriers who have paid these fees are entitled to a refund or credit
equal to the fees actually paid in the state in which it is used, but not to exceed the
fees imposed by this state.
Under current law, any person who operates a certain type of motor vehicle for
the transportation of persons or property in this state is required to pay a Wisconsin
motor vehicle fuel or alternate fuels tax on the gallons of fuel that were purchased
or obtained outside this state and which are consumed by the vehicle while being
operated in this state. This bill authorizes DOT to issue a 72-hour fuel trip permit
at a fee of not less than $15 to a person who would otherwise be required to pay the
Wisconsin motor vehicle fuel or alternate fuels tax. DOT is required to promulgate
rules regarding the issuance and use of these permits.
Highways
Current law requires that any major highway project, unlike other construction
projects undertaken by DOT, receive the approval of the transportation projects
commission (TPC) and the legislature before the project may be constructed. A major
highway project is a project having a total cost of more than $5,000,000 and involving
construction of a new highway 2.5 miles or more in length; reconstruction or
reconditioning of an existing highway that relocates at least 2.5 miles of the highway
or adds one or more lanes 5 miles or more in length to the highway; or improvement
of an existing multilane divided highway to freeway standards. There are currently
66 enumerated major highway projects approved for construction.
This bill adds 3 major highway projects recommended by TPC to the list of
enumerated projects.
Under current law, a county forest road aid program annually provides $200 per
mile of qualifying road to assist counties with the costs of improving public roads in
county forests. This bill increases the county forest road aid rate per mile from $200
to $600.
This bill permits DOT to fund environmental clean-up activities on lands
acquired by DOT that are not eligible to receive funding for the environmental
clean-up activities as part of a highway improvement project.
Current law imposes weight limitations for vehicles operating on highways in
this state and specifies exceptions to those vehicle weight limits. Certain vehicle
weight limit exceptions do not apply or are further restricted on highways that are
part of the national system of interstate and defense highways. These exceptions
include weight limitations for the transportation of raw forest and agricultural
products or of metallic or nonmetallic scrap and for transportation of materials
between industrial plants.
This bill provides that, for purposes of vehicle weight limit exceptions, USH 51
between Wausau and STH 78 and that portion of STH 78 between USH 51 and the
I 90/94 interchange near Portage are not part of the national system of interstate and
defense highways upon their federal designation as I 39.
Under this bill, if the total amount of federal funds available to DOT is less than
the amount of federal funds budgeted in this bill, DOT may increase the use of bond
proceeds in the major highway development program to replace the decreased
federal funding. These supplemental bond proceeds may not be used to increase the
total amount budgeted for the major highway development program.
This bill requires DOT to repave approximately 1.25 miles of I 43, replacing the
existing tined surface with a nontined surface, within one year.
Drivers and motor vehicles
Under current law, DOT administers a classified driver license system to
implement the requirements of the federal commercial motor vehicle safety act of
1986. The classified driver license system provides a comprehensive single license
authorizing the operation of specific classes and types of motor vehicles, including
commercial motor vehicles. In addition, DOT disqualifies any driver who has
committed certain serious traffic-related offenses from operating a commercial
motor vehicle for a certain period of time, up to a lifetime disqualification.
This bill makes numerous changes to the classified driver license system.
These changes include:
1. Creating new disqualifications for certain offenses relating to a commercial
driver license application and for operating a commercial motor vehicle while
ordered out-of-service for certain alcohol-related offenses. The bill imposes a longer
period of disqualification for an out-of-service violation if the person was operating
a hazardous materials transporter or a vehicle designed to carry, or which was
actually carrying, 16 or more persons.
2. Requiring a person operating, upon a highway in this state, motorized
construction equipment that is designed principally for off-road use, to possess a
valid Wisconsin driver's license. The motorized construction equipment operator is
exempt from any commercial driver licensing requirements. Current law exempts
such operators from all licensing requirements of DOT.
3. Changing restricted commercial driver licenses to prohibit only the
operation of commercial motor vehicles in interstate commerce, rather than
prohibiting commercial motor vehicle operation outside this state and in interstate
commerce.
4. Increasing the fine that may be imposed on an employer who knowingly
allows or authorizes an employe to operate a commercial motor vehicle when the
employe is not validly authorized to operate the commercial motor vehicle. The
penalty is increased from a fine of not more than $5,000 to a fine of not less than
$2,500 nor more than $10,000.
5. Making ineligible for an occupational license any person whose license or
operating privilege was revoked or suspended within the previous year for a
controlled substances violation or a violation of the financial responsibility laws of
this state.
Current law permits the secretary of transportation to suspend or revoke a
person's operating privilege for repeated violations of state or local traffic laws. The
secretary is authorized to establish a schedule of demerit points based on the
seriousness of various traffic convictions. The secretary is required to reduce the
accumulated demerit points assessed against a person by up to 3 points if the person
successfully completes a rider course on motorcycle operation approved by the
secretary. Point reduction applies only to demerit points assessed for violations
committed before completion of the rider course while the person was driving or
operating a Type 1 motorcycle and may not occur more than once.
This bill removes the prohibition against such point reduction occurring more
than once per person.
Under current law, the operator of a vehicle involved in an accident resulting
in total damage of $500 or more to a publicly owned vehicle or to private property
must report the accident as soon as possible to the state patrol or to the law
enforcement agency of the jurisdiction where the accident occurred. Failure to report
an accident may result in a forfeiture of not less than $40 nor more than $200 or, for
a 2nd or subsequent offense within a year, a forfeiture of not less than $200 nor more
than $500.
Current law also requires DOT to notify the operator or owner of a motor vehicle
who is involved in an accident that results in property damage of $500 or more that
he or she must submit to DOT a deposit of security for the accident. A deposit of
security is not required if the person can provide proof of financial responsibility (an
applicable motor vehicle liability insurance policy or bond in effect at the time of the
accident providing minimum levels of liability insurance for bodily injury and
property damage). With certain exceptions, failure to provide a deposit of security
or proof of financial responsibility after an accident results in revocation of the
operator's motor vehicle operating privilege or of the registration of any vehicles
registered by the owner of the vehicle involved in the accident.
This bill raises the minimum property damage for these provisions from $500
to $1,000.
Under current law, a motor vehicle dealer may accept from a vehicle purchaser
applications and any required fees for registration or titling of the vehicle. The
dealer must forward the application and fees to DOT within 7 days after the vehicle
sale. DOT processes each application and forwards the applicable certificate of
registration or title to the purchaser.
This bill allows a motor vehicle dealer, by contract with DOT, to accept and
process applications, and any applicable fees, for vehicle registration or titling, and
to issue certificates of registration, certificates of title, registration stickers and
license plates. DOT may allow a motor vehicle dealer to charge an applicant a fee
for such services.
Under current law, farm trucks having a gross weight of 12,000 pounds or less
may be registered on a biennial basis for a fee of $42. This bill requires that each
application for registration of a farm truck having a gross weight of not more than
12,000 pounds include a certification that the applicant had or expects to have at
least $6,000 in gross farm profits in the current taxable year or at least one of the 2
previous taxable years. The bill also requires the department of revenue to include
a place on an appropriate tax form for a certification that the taxpayer earned at least
$6,000 in gross farm profits in the applicable taxable year.
Currently, members of authorized special groups may obtain special
distinguishing registration plates for certain vehicles registered with DOT that are
owned or leased by special group members. Special plates may be obtained for
automobiles, station wagons, motor homes and certain dual purpose motor homes,
farm trucks and dual purpose farm trucks. In addition to the regular registration
fee for the particular kind of vehicle, no fee is assessed to issue or reissue special
plates associated with endangered resources or Somalia War veterans, $15 is
assessed to issue or reissue special plates related to certain campuses of the
University of Wisconsin System and $10 is assessed to issue or reissue all other
special distinguishing registration plates.
This bill provides that a fee of $15 be assessed for the issuance or reissuance of
all special distinguishing registration plates, including endangered resources and
Somilia War veterans special plates.
Under current law, DOT may furnish copies of its computerized driving record
file to any person for a fee of $3 for each file of such records. This bill requires DOT
to charge a fee of $3 for each computerized file that was prepared for purposes
relating to maintenance of the computerized driving record file and contains
information from uniform traffic citations or motor vehicle accidents.
Under current law, DOT is required to take a photograph of any applicant for
a driver's license or identification card (ID card) and affix the photograph to the
driver's license or identification card issued to that applicant.
This bill authorizes DOT to take and use a digitized image of an applicant in
addition to, or in place of, a photograph for use on a driver's license or ID card issued
to that applicant. The bill also requires that any photograph, including a digitized
image, be kept confidential by DOT and be used only by DOT, by authorized law
enforcement authorities, by state agencies, by federal agencies or as the applicant
may direct.
Transportation aids
Under current law, DOT administers a local transportation aids program.
Under the program, DOT makes aid payments to a county based on a share of costs
formula for counties, and to a municipality (city, village or town) based on the greater
of a share of costs formula for municipalities or an aid rate per mile ($1,350 for 1995).
This bill increases the aid rate per mile to $1,415 in 1996 and to $1,480 for 1997 and
thereafter.
Under current law, DOT reimburses municipalities for the maintenance of
marked routes of the state trunk highway system designated as connecting
highways. This bill authorizes a 3% annual increase in the connecting highways aid
program for 1996 and 1997, increasing the connecting highway aid rate per mile to
a maximum of $11,105 per mile in 1997 for municipalities having a population over
500,000.
Under current law, DOT pays 42% of the operating expenses of an urban mass
transit system if the local public body that provides the mass transit system is
eligible for aid under the urban mass transit operating assistance program. DOT
also makes supplemental operating assistance payments to eligible systems with
annual operating expenses greater than $20,000,000 and an annual ridership of
more than 7,000,000 one-way trips.
This bill revises the funding formula for the program and eliminates
supplemental operating assistance payments. Under the bill, DOT makes state aid
payments sufficient to ensure that the combination of state and federal aids
contributed toward the operating expenses of an urban mass transit system equals
a uniform percentage established by DOT. The bill requires DOT to establish
uniform percentages for each of the following: 1) mass transit systems in urban areas
having a population of less than 50,000; 2) mass transit systems in urban areas
having a population between 50,000 and 200,000; and 3) mass transit systems in
urban areas having a population of more than 200,000.
This bill requires DOT to establish, by rule, cost-efficiency standards for urban
mass transit systems and, if a mass transit system incurs costs inconsistent with
those standards, to exclude those costs from operating expenses for purposes of mass
transit aid or to reduce the amount of aid for the mass transit system under the
program. The bill requires DOT to establish a transit committee to assist in
developing the cost-efficiency standards and to advise DOT on implementing the
standards.
This bill increases the level of revenue bonding for major highway projects and
transportation administrative facilities from $950,834,000 to $1,067,731,400, of
which not more than $1,025,434,300 may be used to fund such projects and facilities.
Under current law, DOT administers a surface transportation discretionary
grants program. Under the program, DOT annually may award grants to local public
bodies for surface transportation projects that promote nonhighway use or otherwise
supplement existing transportation activities. Specific conditions apply to the
awarding of grants to any local public body in an urbanized area served by a
metropolitan planning organization (an organization that develops transportation
plans and programs).
This bill permits DOT to conduct surface transportation projects under the
program or to award grants to other state agencies for such projects.
Under current law, DOT administers an employment transit assistance
program to provide transit assistance related to access to employment locations and
the development of innovative transit service methods. Under the program, DOT
may conduct projects with these objectives or may contract with an eligible applicant
(a local public body or a private organization) to conduct a project. DOT may make
grants to eligible applicants to conduct a project or to match a federal grant for a
project. Grants by DOT may not exceed 80% of the cost of a project.
1995 Wisconsin
Act 27 (the executive budget) transfers the employment transit assistance program
to the department of industry, labor and job development effective July 1, 1996.
This bill changes eligibility requirements for a grant or contract under the
program. Eligibility is limited to applicants who provide employment, training or job
placement services in a county with a population of 500,000 or more and who are local
public bodies or private organizations located in the county or 2 or more state
agencies coordinating such services.
Currently, the program is funded solely with federal funds, including oil
overcharge funds. This bill discontinues the use of federal oil overcharge funds for
the program and appropriates state funds for the program.
Rail and air transportation
Under current law, DOT is authorized to contract up to $10,000,000 in public
debt for the acquisition of rail property and for grants and loans awarded by DOT for
certain rail property acquisitions and improvements. This bill increases this
authorized general obligation bonding limit from $10,000,000 to $14,500,000.
Under current law, with specified exceptions, any aircraft based in this state is
required to be registered annually by its owner with DOT. An annual registration
fee is collected by DOT on the basis of the maximum gross weight of the aircraft, up
to a maximum of $3,125 for aircraft with a maximum gross weight of more than
100,000 pounds. DOT collects a charge for late payment of the annual registration
fee of up to 20% of the applicable fee.
This bill makes a number of changes in aircraft registration. The bill:
1. Establishes biennial registration for aircraft with a maximum gross weight
of not more than 3,000 pounds, with the current annual registration fee for the
aircraft doubled.
2. Requires a minimum late payment charge of $50.
3. Eliminates an aircraft dealer exemption from aircraft registration.
4. Changes the definition of "antique aircraft" to apply to any aircraft
manufactured in 1944 or earlier instead of aircraft more than 35 years old. Current
law permits antique aircraft to be registered with DOT for a one-time registration
fee of $50 that remains valid while the aircraft is owned by the registrant.
This bill allows the use of state funds for freight rail infrastructure
improvement loans to also be used for the loan component of the local share of
rehabilitation projects on publicly owned railroad lines.
Current law requires DOT to fund the rebuilding of any private road that
crosses the railroad tracks of a rail transit commission if, among other eligibility
requirements, the railroad tracks were rehabilitated during fiscal year 1992-93 or
thereafter. This bill specifies that "rehabilitated" means a significant rebuilding of
track that increases the service standard of the track.
Other transportation
Under current law, the state is authorized to issue general obligation bonds to
finance grants awarded by DOT for harbor improvements, with the principal
repayment and interest payments to be made from transportation fund revenue.
This bill increases the authorized general obligation bonding limit for grants
awarded by DOT for harbor improvements from $9,000,000 to $12,000,000.
Under current law, the state emergency response board establishes hazardous
materials transportation registration fees to be paid by persons that are required to
file federal hazardous materials transportation registration statements because
they transport hazardous materials. The fees are based on gross revenue derived
from the shipment, the type and quantity of hazardous materials transported, the
number and frequency of such shipments, the potential harm threatened by release
of the materials and other factors. The money received from those fees is deposited
in the general fund and is used in part to fund the administration of those fees. This
bill eliminates those fees.
Under current law, DOT administers a demonstration and training program for
the purpose of developing the capability of disadvantaged businesses to participate
in DOT construction projects. Under the program, disadvantaged businesses
include those businesses that are at least 51% owned by minority group members,
women or other individuals found by DOT to be socially and economically
disadvantaged according to certain federal criteria. The program is scheduled to
expire on June 30, 1995.
This bill extends the expiration date for the disadvantaged business
demonstration and training program until September 30, 1997.
Under current law, an owner of property that is exempt from taxes is required
to file a report on that property every 2 years with the clerk of the taxation district
where the property is located. Certain exceptions are made. This bill adds an
exception for certain railroad property that DOT acquires.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB557, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes, as it affects 20.395 of the
2statutes, is repealed and recreated to read:
AB557, 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, s. 3
1Section
3. 20.395 (1) (bq) of the statutes is amended to read:
AB557,23,42
20.395
(1) (bq) (title)
Transit Small communities transit operating aids, state
3funds. The amounts in the schedule for
the mass transit
aid program aids to small
4communities under s. 85.20 (4m) (a)
1.
AB557, s. 4
5Section
4. 20.395 (1) (bs) of the statutes is renumbered 20.395 (1) (ds).
AB557, s. 5
6Section
5. 20.395 (1) (bs) of the statutes is created to read:
AB557,23,97
20.395
(1) (bs)
Medium-sized communities transit operating aids, state funds. 8The amounts in the schedule for mass transit aids to medium-sized communities
9under s. 85.20 (4m) (a) 2.
AB557, s. 6
10Section
6. 20.395 (1) (bu) of the statutes is amended to read:
AB557,23,1311
20.395
(1) (bu) (title)
Supplemental Large communities transit operating aids,
12state funds. The amounts in the schedule for
the mass transit
aid program aids to
13large communities under s. 85.20 (4m)
(am) (a) 3.
AB557, s. 7
14Section
7. 20.395 (1) (bw) of the statutes is created to read:
AB557,23,1615
20.395
(1) (bw)
Employment transit aids, state funds. The amounts in the
16schedule for the employment transit assistance program under s. 85.26.