This bill prohibits either party's use of discovery in these cases, except that if
a hearing is requested, the person who refused to take the test has the right to receive
a copy of any written or voice recorded statement of a witness before that witness
testifies.
Currently, 31.29% of all moneys received by the state as driver improvement
surcharges from persons convicted of OWI is used to pay for chemical testing and
services provided by the state traffic patrol. The secretary of administration
transfers the remaining driver improvement surcharge moneys to programs or
purposes related to OWI, such as for the purchase of breath screening devices. Under
this bill, the separate 31.29% payment is eliminated and the chemical testing and
services program is eligible for a funding transfer approved by the secretary of
administration as are the other OWI-related programs.
Under current law, DOT may contract with third-party testers to conduct
on-the-road tests for commercial motor vehicle drivers, abbreviated on-the-road
tests for school bus drivers and special examinations for school bus drivers. This bill
permits DOT to contract with third-party testers to conduct on-the-road tests for
noncommercial motor vehicle drivers, except on-the-road tests for authorization to
operate certain motorcycles.
This bill raises the fee for a driving skills test in a school bus or in a
noncommercial motor vehicle from $10 to $15.
Current law requires DOT to issue a distinctive license document to any person
who is under the legal drinking age when the license is issued. Under this bill,
beginning on January 1, 2000, DOT must also issue a distinctive license document
to any person who is under 18 years of age when the license is issued.
Under current law, no person may operate a school bus unless the person
possesses an endorsement to operate school buses. A school bus endorsement is valid
for the eight-year duration of the person's operator's license. This bill requires each
school bus operator to pass an examination of his or her ability to safely operate a
school bus at least once every 4 years.
1997 Wisconsin Act 84 made extensive changes to this state's laws regarding
operating a motor vehicle with an operating privilege that is revoked or suspended
(OAR or OWS). Most of those changes are scheduled to take effect on May 1, 2000,
or sooner if DOT's computer system can accommodate the necessary changes.
This bill delays the effective date of
1997 Wisconsin Act 84 until May 1, 2001,
or until DOT's computer system can accommodate the necessary changes, whichever
occurs earlier. The bill specifies that DOT is not required to implement all of that
act's changes simultaneously, but may establish different effective dates for those
changes. The bill makes an OAR or OWS committed in another jurisdiction a minor
traffic offense for purposes of determining whether the offending driver is a habitual
traffic offender. Under the bill, all OAR and OWS will be treated as minor traffic
offenses, without regard to where the offense was committed.
Currently, DOT is required to revoke the operating privilege of a person
determined to be a habitual traffic offender. The revocation commences on the day
on which DOT mails the person notice of the revocation or, if the person is already
suspended or revoked, on the day on which the person is convicted and first
considered a habitual traffic offender, or on the date on which the person surrendered
his or her operator's license to begin the current revocation or suspension period.
This bill makes all revocations by DOT for habitual traffic offenders begin on the date
DOT mails notice of the revocation.
Under current law, a highway authority may impose special weight limitations
on highways that would likely be seriously damaged or destroyed if such limitations
were not imposed. The weight limits are effective only if weight limit notice signs
are properly posted. This bill requires the posting of advance weight limit notice
signs, in addition to the weight limit notice signs, to allow motorists to avoid the
weight-limited highway altogether.
Current law prohibits any person from driving upon a highway any motor
vehicle that exceeds the maximum permissible gross vehicle weight or the maximum
permissible weight per axle. Current law allows additional weight, beyond the
weight limits ordinarily applicable, for certain trucks transporting exclusively milk
from the point of production to the primary market and returning with dairy supplies
and dairy products from such primary market to the farm. Only milk trucks having
axle measurements of nine feet, one inch or greater qualify for the additional 2,000
pound axle weight. This bill extends the 2,000 pound weight limit to milk trucks
having an actual axle distance of eight feet, six inches or more.
Under current law, DOT utilizes a telephone call-in procedure through which
applicants may obtain certain single trip permits to operate vehicles that exceed the
statutory size or weight limits. This bill requires DOT to implement a telephone
call-in procedure through which applicants may obtain single trip, annual,
consecutive month and multiple trip permits to operate vehicles that exceed the
statutory size or weight limits, together with the designated route of travel. The bill
also raises fees for certain single trip, annual, consecutive month and multiple trip
permits issued by DOT by 10% beginning on January 1, 2000, and ending on June
30, 2003, after which time the fees revert to their current amounts.
This bill increases the fee for late payment of fees for registering a motor truck
through DOT's automated telephone registration system from $5 to $10.
This bill eliminates the $5 fee charged to financial institutions for processing
electronic applications for motor vehicle title and registration.
Under current law, a claimant must serve legal process upon the secretary of
transportation to commence a legal action against a nonresident driver for damages
arising from a motor vehicle accident in this state. The secretary of transportation
collects a $15 fee from the claimant for each defendant in the action and forwards the
legal process to the nonresident driver. This bill increases this service-of-process
fee to $25.
Transportation aids
Under current law, DOT provides state aid payments to local public bodies in
urban areas served by mass transit systems to assist the local public bodies with the
expenses of operating those systems. DOT makes state aid payments in amounts
sufficient to ensure that the combination of state and federal aids contributed toward
the operating expenses of an urban mass transit system equals the uniform
percentage established by DOT for the class of mass transit system. The percentage
varies for each of the three classes of mass transit systems but is uniform for all mass
transit systems within a class. The three classes are: 1) mass transit systems serving
urban areas having a population of less than 50,000; 2) mass transit systems serving
urban areas having a population of more than 50,000 but having annual operating
expenses of less than $20,000,000; and 3) mass transit systems having annual
operating expenses of more than $20,000,000.
This bill modifies the classes of mass transit systems and revises the amount
of state aids payable to local public bodies served by those systems. The bill creates
two classes of mass transit systems: 1) those having operating expenses of more than
$20,000,000 (Tier A); and 2) those having operating expenses of $20,000,000 or less
(Tier B). Under the bill, the sum of state and federal aid provided to a local public
body served by a Tier A mass transit system may not exceed 50% of the mass transit
system's projected operating expenses. The sum of state and federal aid provided to
a local public body served by a Tier B mass transit system may not exceed 65% of the
mass transit system's projected operating expenses, except that the sum of aids
provided to local public bodies served by certain Tier B mass transit systems may not
exceed 60% for calendar years 2000 and 2001.
Current law requires a local public body that receives state aid under the urban
mass transit operating assistance program to pay a local contribution towards the
mass transit system's operating expenses in an amount equal to at least 20% of the
amount of state aid received under the program. This local contribution does not
apply to local public bodies served exclusively by a shared-ride taxicab system. This
bill requires all recipients to pay at least 10% of the operating expenses, regardless
of the amount of state aid received under the program, except that recipients served
exclusively by a shared-ride taxicab system must pay at least 5% of the system's
operating expenses.
Under current law, DOT makes general transportation aids payments to a
county based on a share-of-costs formula, 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 ($1,596 for 1998 and thereafter).
Beginning with general transportation aids payable for the year 2000, this bill
increases the aid rate to $1,644 per mile and increases the maximum amount of aid
that may be paid under the program from the current limit of $78,744,300 to
$81,106,600 for counties, and from the current limit of $247,739,100 to $254,784,900
for municipalities. The bill also allows a portion of law enforcement costs to be
considered in the share-of-costs formula, instead of as highway-related traffic
police costs. The bill allows DOT to establish different portions for different classes
of counties or municipalities.
This bill provides that aid amounts payable to any single municipality or county
under the general transportation aids program may not be reduced by more than 2%
annually.
This bill requires each municipality to assess biennially the condition of roads
under its jurisdiction and to report the results to DOT.
This bill provides that the amount of aid that DOT may award under the elderly
and disabled transportation capital assistance program, which provides aid for
specialized vehicles and facilities used to provide transportation services to elderly
and disabled persons, may not exceed the percentage of estimated costs specified by
DOT or the percentage of costs that are eligible for federal aid, whichever is less.
Under current law, DOT may contract up to $19,000,000 in public debt for the
acquisition and improvement of rail property. This bill increases this authorized
general obligation bonding limit from $19,000,000 to $23,500,000.
Rail and aid transportation
Under current law, DOT, local governmental bodies, local residents and
railroad companies may petition the office of the commissioner of railroads (OCR) for
a determination of whether a railroad crossing over a public highway protects and
promotes public safety. OCR may order the railroad to install automatic warning
signals or other suitable safety device at the railroad crossing.
This bill creates a railroad grade crossings committee to review every railroad
grade crossing in this state to recommend crossings for improvements. The bill
generally prohibits DOT from paying for improvements to railroad grade crossings
ordered by OCR unless the committee first recommended improvements to the
crossing.
Currently, under the freight railroad assistance program, DOT makes loans to
cities, villages, towns and counties for acquiring freight railroad facilities,
rehabilitating or constructing rail property improvements or improving freight
railroad infrastructure. The loans are made at the legal rate of interest of 5%, unless
DOT and the borrower agree to a different rate. This bill requires DOT to specify by
rule a rate of interest applicable to such loans.
Other transportation
This bill increases the authorized general obligation bonding limit for grants
awarded by DOT for harbor improvements from $15,000,000 to $18,000,000.
Under current law, participants under the Wisconsin retirement system (WRS)
whose principal duties involve law enforcement, require frequent exposure to a high
degree of peril and require a high degree of physical conditioning are classified as
protective occupation participants. Current law specifically classifies members of
the state patrol as protective occupation participants. Under WRS, the normal
retirement age of a protective occupation participant is lower, and the percentage
multiplier used to calculate retirement annuities is higher, than for other
participants.
This bill specifically classifies the administrator of the division of state patrol
as a protective occupation participant for the purposes of WRS, if the division
administrator is certified as qualified to be employed as a law enforcement officer in
this state. The bill also makes the administrator a member of the state traffic patrol
(having the same powers and duties of other members) if the administrator is
certified as a law enforcement officer in this state. As a member of the state traffic
patrol, the administrator is entitled to receive full pay and other benefits during any
period in which the administrator is unable to work because of an injury sustained
while performing certain duties that entail a considerable risk of injury or danger.
Under current law, the state traffic patrol consists of not more than 385 traffic
officers in the classified service. This bill increases the authorized number of state
patrol officers from 385 to 400.
Under current law, the operator of an authorized emergency vehicle (such as a
police and fire vehicle or an ambulance) is exempt from certain traffic regulations
when responding to an emergency call or when in pursuit of a suspected violator of
the law. This exemption applies only when the operator is driving with due regard
under the circumstances for the safety of all persons and, in most circumstances, is
giving visible and audible signals.
This bill makes snowmobiles operated on state lands by DNR's law enforcement
employes and all-terrain vehicles and snowmobiles operated by conservation
wardens, on or off state lands, authorized emergency vehicles.
This bill requires DOT to award a grant of $1,000,000 to the city of Superior for
the construction of the Major Richard I. Bong Air Museum.
veterans and military affairs
Under current law, in response to a war, insurrection, rebellion, riot or invasion,
in the event of a public disaster resulting from a flood, conflagration or tornado, or
upon application of certain public officials, the governor may order into active service
all or any portion of the national guard. This bill allows the governor to order all or
any portion of the national guard into active service when the governor considers
that activation necessary for the protection of persons or property.
Under current law, to be eligible for veterans benefits, a veteran must meet
certain criteria, including residency in this state and service on active duty under
honorable conditions in the U.S. armed forces. The veteran may be eligible for
benefits if he or she meets certain types of service requirements, such as service in
a war period or in specified conflicts or receipt of a specified service medal, or if he
or she served on active duty for two consecutive years or the full period of his or her
initial service obligation.
Under this bill, a veteran may also be eligible for benefits if he or she was a
resident of this state for any consecutive five-year period after entry, reentry,
enlistment or induction into service in the U.S. armed forces and before the date of
his or her application for benefits or, if applicable, before the date of his or her death.
Currently, the department of veterans affairs (DVA) administers a mortgage
loan program for veterans. Under the program, eligible veterans may obtain a
mortgage loan for the purchase of a house or mobile home, construction of a home,
home improvements, including construction of a garage, and certain refinancing
related to a home purchase or construction. Under current law, the maximum loan
amount for home improvements, including construction of a garage, is $15,000. This
bill changes that maximum loan amount to $25,000.
Currently, DVA reimburses eligible nondisabled veterans for 50% of the tuition
and fees incurred by the veteran while attending a postsecondary school as an
undergraduate. This bill raises the reimbursement rate to 65% of the tuition and fees
incurred by a nondisabled veteran.
Under current law, reimbursement is available under this program only for
classes in an institution in the University of Wisconsin (UW) System or at a technical
college or for classes attended by a veteran receiving a waiver of nonresident tuition
under the Minnesota-Wisconsin student reciprocity agreement. Reimbursement is
limited to tuition and fees paid for 120 part-time or full-time credits at an institution
in the UW System, or for 60 part-time or full-time credits at a technical college, or
an equivalent amount of credits at the institution at which the veteran is receiving
a waiver of nonresident tuition. This bill allows the veteran to attend any institution
of higher education, including technical colleges, but requires the veteran to enroll
for at least 12 credits during the semester for which reimbursement is requested.
Under current law, an eligible veteran who is a resident of this state and who
completes a correspondence course or a course as a part-time student from an
institution of higher education may apply for reimbursement from DVA for a portion
of the costs of the course if the course is related to the veteran's occupational,
professional or employment objectives. Under current law, the maximum
reimbursement that may be paid is 50% of the tuition and fees paid for the course.
This bill increases the maximum reimbursement percentage from 50% to 65%.
Currently, DVA may borrow money from the veterans mortgage loan
repayment fund and enter into transactions with the state investment board to
obtain money to make loans to veterans under the veterans personal loan program.
If DVA borrows money from the veterans mortgage loan repayment fund, DVA must
pledge the loans made under the veterans personal loan program as collateral for
that borrowed money.
Under this bill, DVA may borrow money from the veterans mortgage loan
repayment fund to obtain money for the veterans personal loan program, but is not
required to pledge the loans made under the personal loan program as collateral for
the borrowed money. The bill provides that transactions with the state investment
board may include the sale of veterans' loans.
This bill uses moneys received under the Indian gaming compacts to fund an
American Indian services coordinator as a project position in DVA. The bill also uses
moneys received under the Indian gaming compacts to award grants to the governing
bodies of federally recognized American Indian tribes and bands for the creation of
a model program that helps American Indians overcome barriers to the receipt of
federal and state veterans benefits.
Under current law, the state may contract public debt for the purpose of making
loans to veterans for the purchase or construction of housing, for home improvements
and for refinancing any existing mortgage for the purchase or construction of a home
or for home improvements. Currently, the state is authorized to contract public debt
in an amount not to exceed $1,807,500,000. This bill increases this amount to
$1,918,000,000.
Under current law, DVA operates the Wisconsin Veterans Museum in Madison.
The museum contains the battle flags of Wisconsin armed forces units that served
in the nation's wars and other relics and mementos of those wars. This bill provides
that the mission of the Wisconsin Veterans Museum is to acknowledge,
commemorate and affirm the role of Wisconsin veterans in the United States of
America's military past by means of instructive exhibits and other educational
programs.
Under current law, only a county with a population of 100,000 or more, a bank
or trust company and the commandant of the Wisconsin Veterans Home at King may
be a guardian of five or more unrelated wards at one time. The commandant may
act as a guardian only of members of the Wisconsin Veterans Home at King and is
not allowed to charge a fee for that service. This bill eliminates the commandant of
the Wisconsin Veterans Home at King from among those who may act as guardian
of five or more unrelated wards at one time.
Currently, the national guard, in the department of military affairs, operates
the Badger Challenge program, which provides programs for high school aged
disadvantaged youth to help them remain in and complete high school. This bill
allows only youths who are members of families eligible to receive aid from the
federal temporary assistance for needy families program to attend the Badger
Challenge program. The bill removes state general purpose funding from the
program and allows federal temporary assistance for needy families block grant
moneys received by the department of workforce development to be used to fund the
operation of the Badger Challenge program.
