AB557: Bill Text

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 Section 1. 20.005 (3) (schedule) of the statutes, as it affects 20.395 of the statutes, is repealed and recreated to read:

AB557,12,3 - See PDF for table

AB557, 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, s. 3 Section 3. 20.395 (1) (bq) of the statutes is amended to read:

AB557,23,4 20.395 (1) (bq) (title) Transit Small communities transit operating aids, state funds. The amounts in the schedule for the mass transit aid program aids to small communities under s. 85.20 (4m) (a) 1.

AB557, s. 4 Section 4. 20.395 (1) (bs) of the statutes is renumbered 20.395 (1) (ds).

AB557, s. 5 Section 5. 20.395 (1) (bs) of the statutes is created to read:

AB557,23,9 20.395 (1) (bs) 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) 2.

AB557, s. 6 Section 6. 20.395 (1) (bu) of the statutes is amended to read:

AB557,23,13 20.395 (1) (bu) (title) Supplemental Large communities transit operating aids, state funds. The amounts in the schedule for the mass transit aid program aids to large communities under s. 85.20 (4m) (am) (a) 3.

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

AB557,23,16 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, 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:

AB557,24,5 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, s. 9 Section 9. 20.395 (2) (bq) (title) of the statutes is repealed and recreated to read:

AB557,24,8 20.395 (2) (bq) (title) Rail service assistance, state funds.

AB557, s. 10 Section 10. 20.395 (2) (bt) of the statutes is repealed.

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

AB557,24,13 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, s. 12 Section 12. 20.395 (3) (aq) of the statutes is created to read:

AB557,24,17 20.395 (3) (aq) Environmental clean-up activities, state funds. As a continuing appropriation, the amounts in the schedule for environmental clean-up activities under s. 84.01 (30).