In addition, under current law an employer of any person who operates a
commercial motor vehicle (a commercial driver) may register any commercial driver
employed by the employer on a list maintained by DOT. DOT notifies the employer
of any conviction, suspension, revocation, cancellation, disqualification, or
out-of-service order against that driver. DOT charges $3 for each notification that
it provides to the employer. This bill increases each of the specified fees by $2.
Current law requires any motor vehicle that is subject to an emissions test to
undergo the test within 90 days before the vehicle's registration is renewed in the
second year after the vehicle's model year and every two years thereafter. This bill
removes the 90-day requirement and allows DOT to determine when those vehicles
will be presented for testing.
Transportation aids
Under current law, DOT makes general transportation aids payments to a
county based on a share-of-costs formula, and to a city, village, or town
(municipality) based on the greater of a share-of-costs formula for municipalities or
an aid rate per road mile, which is $1,704 for calendar year 2000 and thereafter. This
bill increases the aid rate per road mile to $1,747 for calendar year 2001 and $1,790
for calendar year 2002 and thereafter.
This bill increases the maximum amount of general transportation aids that
may be paid to counties from the current limit of $84,059,500 to $88,598,700 in
calendar year 2002 and $89,239,300 in calendar year 2003 and thereafter. The bill
also increases the maximum amount of aid that may be paid to municipalities under
the program from the current limit of $264,461,500 to $277,684,500 in calendar year
2002 and $277,907,200 in calendar year 2003 and thereafter.
Under current law, DOT administers an urban mass transit operating
assistance program that provides state aid to local public bodies in urban areas
served by mass transit systems to assist with the expenses of operating those
systems. Aid paid for mass transit systems that have annual operating expenses of
less than $20,000,000 is determined under a formula. Under the formula, 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 each of the two
smaller classes of mass transit system. The two smaller classes are: 1) mass transit
systems serving urban areas having a population of 50,000 or more but having
annual operating expenses of less than $20,000,000 (Tier B systems); and 2) mass
transit systems serving urban areas having a population of less than 50,000 (Tier C
systems). "Operating expenses" used in this aid formula are based on actual
operating costs from the second preceding year, with adjustments for the projected
expenses of new services, for which historical cost data is not available.
This bill deletes the requirement that annual transit aid payments for Tier B
and Tier C systems be made based on actual operating costs from the second
preceding year. The bill requires that annual state transit aid payments for Tier B
and Tier C systems be based on estimated operating costs for that year, effective with
calendar year 2001 payments.
The bill also increases the total amount of state aid payments to each class of
mass transit system, as follows:
1. For a mass transit system having annual operating expenses in excess of
$80,000,000 (Tier A-1 system), from $53,555,600 in calendar year 2000 to
$54,894,500 in calendar year 2001 and thereafter.
2. For a mass transit system having annual operating expenses of at least
$20,000,000 but less than $80,000,000 (Tier A-2 system), from $14,297,600 in
calendar year 2000 to $14,655,000 in calendar year 2001 and thereafter.
3. For Tier B systems, from $19,804,200 in calendar year 2000 to $20,299,300
in calendar year 2001 and thereafter.
4. For Tier C systems, from $5,349,100 in calendar year 2000 to $5,482,800 in
calendar year 2001 and thereafter.
The bill requires DOT to make supplemental mass transit aid payments in any
calendar year for any eligible urban mass transit system for whom the percentage
increase in the average cost per passenger trip in the preceding calendar year did not
exceed the percentage increase in the consumer price index for that calendar year.
DOT must distribute supplemental mass transit aid payments for similar urban
mass transit systems on a proportionate basis according to annual ridership on each
urban mass transit system during the preceding calendar year.
Under current law, DOT administers a Transportation Facilities Economic
Assistance and Development Program. Under the program, DOT may improve a
highway, airport, or harbor, or provide other assistance for the improvement of those
transportation facilities or certain rail property or railroad tracks, as part of a major
economic development project. DOT may also make loans for the improvement of
any of these transportation facilities. This bill renames the program the Tommy G.
Thompson Transportation Economic Assistance Program.
Rail and air transportation
This bill increases the authorized general obligation bonding limit for the
acquisition and improvement by DOT of rail property from $23,500,000 to
$28,000,000.
Under current law, with certain exceptions, a property owner is immune from
liability for damages occurring on the property while a person is engaged in a
recreational activity on the property.
This bill creates an immunity from civil liability for any property owner upon
which a rails-with-trails trail is located and for any railroad that operates within
an active rail corridor upon which a rails-with-trails trail is located for the death,
injury, or property damage resulting from an individual's use of a rails-with-trails
trail, regardless of whether the death, injury, or property damage occurred in
connection with a recreational activity or occurred on public or private property.
Under the bill, a rails-with-trails trail is a strip of land that is located partly or fully
within an active rail corridor and is identified in an agreement entered into by a
railroad that operates within that rail corridor and a person that is sponsoring and
maintaining the strip of land for the use of individuals for purposes specified in the
agreement. The immunity does not apply to deaths, injuries, or property damage
caused by the property owner's or railroad's willful or wanton acts or omissions.
Other transportation
This bill increases the authorized general obligation bonding limit for grants
awarded by DOT for harbor improvements from $22,000,000 to $25,000,000.
This bill authorizes DOT to award grants to a local professional football
stadium district, which is a special purpose district, in each county with a population
of more than 150,000 that includes the principal site of an existing, or to be
constructed, league-approved home stadium for a professional football team. Under
the bill, no grant may be awarded after June 30, 2002.
Under current law, DOT administers a program that distributes federal funds
for congestion mitigation and air quality improvement projects. Currently, federal
law requires a local matching contribution equal to 20% of the cost of a project. This
bill requires DOT to award a grant of $420,700 to the city of Kenosha to provide 50%
of the local matching contribution required for a congestion mitigation and air
quality improvement project for a parking facility in the city of Kenosha. As a
condition of receiving the grant, the city of Kenosha must provide matching funds for
the project.
Under current law, DOT administers the Safe-Ride Grant Program, under
which DOT provides grants to municipalities and nonprofit corporations to cover the
costs of transporting persons who have a prohibited alcohol concentration from
premises that are licensed to sell alcohol beverages to their places of residence. The
program is funded with moneys from the driver improvement surcharge, which is
collected from each person who is ordered to pay a fine or forfeiture for operating a
motor vehicle while under the influence of an intoxicant, controlled substance, or
other drug. A portion of the surcharge is forwarded to the state and 3.76% of the
state's portion is appropriated to DOT for the Safe-Ride Grant Program.
This bill eliminates the requirement that 3.76% of the state's portion of the
driver improvement surcharge be used to fund the Safe-Ride Grant Program. Under
the bill, the secretary of administration may use unencumbered driver improvement
surcharge moneys to fund the program after consulting with the secretaries of health
and family services and transportation, the superintendent of public instruction, the
attorney general, and the president of the UW System.
Under current law, DOT administers a program to reduce the number of
automobile trips, especially during peak hours of traffic, and to encourage the shared
use of motor vehicles by two or more individuals to or from their places of work or
postsecondary school. Under the program, DOT awards grants for the development
and implementation of demand management or ride-sharing programs.
This bill makes job access and employment transportation assistance eligible
under the program and adds to the program a stated purpose of enhancing the
success of welfare-to-work programs.
This bill permits DOT to enter into agreements to accept telecommunications
services or any plant or equipment used for telecommunications services as payment
for the accommodation of a utility facility within a highway right-of-way.
Under current law, DOT may impose a fee for security and traffic enforcement
services provided by the state traffic patrol at any public event that charges
spectators an admission fee and that is organized by a private organization. This bill
allows DOT to charge a fee for such services at any such event that is publicly or
privately organized. The bill allows DOT to charge a fee for security and traffic
enforcement services requested by a person who is installing, inspecting, removing,
relocating, or repairing a utility facility that lies within a highway right-of-way.
Current federal law requires DOT to pay specified percentages of expenditures
for highway construction projects to disadvantaged business enterprises. A
"disadvantaged business enterprise" is a business that is at least 51% owned,
controlled, and actively managed by minority group members, women, or other
individuals found to be socially and economically disadvantaged, or by a combination
of such individuals. Current federal law also prohibits DOT from discriminating on
the basis of race, color, national origin, or sex in the award of any construction
contract that is paid for in part using federal funds.
To determine compliance with these requirements and prohibitions, federal law
requires DOT to collect and submit to the federal department of transportation data
concerning the ownership of businesses that bid for construction contracts let by
DOT, and other financial information pertaining to such businesses and their
owners. Federal law generally requires DOT to keep confidential such information
submitted to it by a disadvantaged business enterprise.
This bill requires DOT to keep confidential certain information requested by
DOT for purposes of determining or demonstrating compliance with the federal
requirements and prohibitions described above. The information required to be kept
confidential consists of information relating to an individual's statement of net
worth, a statement of experience, and a company's financial statement, including the
gross receipts of a bidder. The bill contains exceptions to allow DOT to disclose the
information to the federal department of transportation, to the person to whom the
information relates, and to persons having the written consent of that person.
Under current law, DOT administers a Minority Civil Engineer Scholarship
and Loan Repayment Incentive Program to foster minority training and employment
in civil engineering. DOT may award scholarships to minorities enrolled full time in
a bachelor of science degree program in civil engineering, and may award loan
repayment grants to minority civil engineers who are employed by DOT and have
education loans outstanding.
This bill authorizes DOT to award scholarships to other targeted group
members enrolled full time in any accredited bachelor degree program, or in any
associate degree program or vocational diploma program at a technical college.
Under the bill, a targeted group member is a person with a disability or any member
of a class whose race, color, or sex is employed less in any job classification in DOT
than is available in the statewide labor market. The bill also allows DOT to award
loan repayment grants to targeted group members who are employed by DOT and
have education loans outstanding.
veterans and military affairs
Veterans
Currently, under the Veteran's Housing Loan Program, a veteran who meets
certain requirements is eligible for a primary mortgage loan. Current law requires
a veteran to apply for a primary mortgage loan through a DVA-approved financial
institution (authorized lender). The authorized lender evaluates the veteran's credit
worthiness. DVA also reviews the loan application to ensure that the veteran meets
other requirements of the loan program. If the application is approved by both the
authorized lender and DVA, the authorized lender makes the loan and then performs
loan-servicing activities, such as collecting the veteran's monthly mortgage
payment, forwarding these payments to DVA, and collecting delinquent payments.
Before forwarding a monthly mortgage payment to DVA, an authorized lender may
deduct from the veteran's monthly mortgage payment a monthly fee for performing
loan-servicing activities.
Also under current law, as a condition of receiving a loan, a veteran must pay
to the authorized lender a monthly escrow payment for the payment of real estate
taxes and casualty insurance premiums. Current law requires the authorized lender
to hold these payments in escrow and then pay to the city and the insurance company
the amounts due or the amount escrowed, whichever is less.
Finally, under the loan program, a veteran must have adequate fire and
extended coverage insurance. Current law requires that these insurance policies
name the authorized lender as an insured.
This bill permits DVA to perform loan-servicing activities for any loans made
under the Veteran's Housing Loan Program and to purchase from authorized lenders
the rights to service loans that are made under the program.
The bill funds both the loan-servicing activities and the purchase of servicing
rights with moneys from the veterans mortgage loan repayment fund but restricts
the expenditure or encumbrance of these moneys until after DVA and DOA develop
a plan for the most cost-effective method of servicing the loans.
The bill also permits DVA to hold in escrow monthly payments paid by a veteran
for real estate taxes and casualty insurance premiums. The bill requires an
authorized lender or, if DVA holds the payments in escrow, DVA to pay the amounts
due for real estate taxes and insurance premiums regardless of whether the amount
held in escrow is sufficient to cover the amounts due. If the amount held in escrow
is insufficient to pay the amounts due, the lender or DVA, after paying the amounts
due, must recover the balance from the veteran. If the amount held in escrow is more
than the amounts due, the lender or DVA, after paying the amounts due, is required
to pay the balance to the veteran. Under the bill, DVA may not begin holding monthly
escrow payments until the plan for the most cost-effective method of servicing the
loans is completed by DVA and DOA.
Currently, veterans who receive a primary mortgage loan under the Veteran's
Housing Loan Program must pay the authorized lender an origination fee at the time
of closing. This bill requires DVA to pay to authorized lenders, on behalf of disabled
veterans who have received from the federal department of veterans affairs at least
a 30% connected service disability rating, any origination fees.
Currently, an eligible veteran may receive a home improvement loan of up to
$25,000 under the Veteran's Housing Loan Program. This bill specifies that a
veteran may use a home improvement loan to remove or otherwise alter existing
home improvements that were made to improve the accessibility of the home for a
disabled individual.
Under current federal law, veterans and war orphans may receive federal
benefits to cover the costs of training and education at certain approved schools or
through certain approved courses of instruction. Federal law delegates the authority
to approve these schools and courses of instruction to state agencies. Under current
state law, the educational approval board (EAB), which is attached to DVA, approves
these schools and courses of instruction. This bill eliminates the authority of EAB
to approve the schools and courses of instruction for the training and education of
veterans and war orphans and authorizes DVA to approve these schools and courses.
Currently, under the Veterans' Tuition and Fee Reimbursement Program, DVA
reimburses eligible veterans up to 65%, or, in the case of certain disabled veterans,
100%, of the tuition and fees incurred by the veteran while a full-time student at a
state institution of higher education or at any institution for which the veteran
received a tuition waiver under the Minnesota-Wisconsin student reciprocity
agreement. For purposes of calculating the amount of a reimbursement, any grants
or scholarships received by the veteran are subtracted from the total tuition and fees
incurred by the veteran.
Under the current Part-Time Study Grant Program, DVA reimburses eligible
veterans up to 65%, or, in the case of certain disabled veterans, 100%, of the cost of
tuition and fees incurred by the veteran for a correspondence course or part-time
classroom study at a state institution of higher education, at any public or private
high school, or at an institution of higher education that is located outside the state,
if the course is not offered in the state, is not offered within 50 miles of the veteran's
home, and is not located more than 50 miles from the state boundary line. The
reimbursement under either of the above programs may not exceed 65%, and, in the
case of certain disabled veterans, 100%, of the standard cost for a state resident at
the University of Wisconsin-Madison.
This bill increases the amount an eligible veteran may be reimbursed under
either program to 100% of the tuition and fees incurred by the veteran minus any
grants or scholarships received by the veteran. The bill also increases the maximum
amount of a grant for all eligible veterans under both programs to 100% of the
standard cost for a state resident at the University of Wisconsin-Madison. The bill
also permits a veteran to receive reimbursement under both programs for tuition and
fees incurred by the veteran while a student at a proprietary school that has been
approved by EAB or at a school approved by DVA under its authority to approve
schools and courses for veterans and war orphans.
Under current law, as a condition of eligibility for most veterans benefit
programs, a veteran must have been a resident of this state upon entering or
reentering military service or have been a resident of this state for any period of five
consecutive years. The same residency requirement applies to veterans who are
applying for admission to the Wisconsin Veterans Home at King (WVHK) or the
Southern Wisconsin Veterans Retirement Center (SWVRC). In addition, the spouse
of a veteran or a parent of a veteran is eligible for admission to WVHK or SWVRC
if he or she has been a resident of this state for the five years preceding the date of
his or her application for admission. WVHK and SWVRC provide residential
treatment and nursing home care to veterans and the spouses and parents of
veterans.
Under this bill, a veteran is eligible for those veterans benefit programs that
currently have a residency requirement and for admission to WVHK or SWVRC if
the veteran was a resident of this state upon entering or reentering military service
or has been a resident of this state for any period of 12 consecutive months. Also,
under the bill, a spouse or parent of a veteran is eligible for admission to WVHK or
SWVRC, if he or she has been a resident of this state for the 12 months preceding the
date of his or her application for admission.
Currently, under the Veterans Retraining Grant Program, DVA awards
employment retraining grants of up to $3,000 to eligible veterans who are
unemployed, underemployed, or who have received a notice of termination of
employment. As a condition of eligibility for a retraining grant, a veteran must be
enrolled in a proprietary school that is approved by EAB, other than a proprietary
school that offers four-year degrees or four-year programs, be enrolled in a technical
college training course, or be engaged in a structured on-the-job training program.
This bill permits DVA to pay a retraining grant to a veteran's employer, on behalf of
the veteran, if the veteran is engaged in a structured on-the-job training program
and is otherwise eligible for the retraining grant program.
This bill requires DVA to pay $100,000 annually to the Wisconsin department
of the Disabled American Veterans to provide transportation services to veterans.
Military affairs
Under current law, the Wisconsin national guard is composed of the army and
air national guard. Current law also allows the adjutant general to establish and
organize a state defense force if the national guard is called into the service of the
United States. This bill creates a Wisconsin naval militia, which will be under the
control of the adjutant general and will be subject to the same policies and procedures
as the other military components.
Under current law, regional emergency response teams have been established
to respond to a "Level A" release, which is a release of a hazardous substance that
necessitates the highest level of protective equipment for the skin and respiratory
systems of emergency response personnel. Local emergency response teams are
required to respond to a "Level B" release, which is a release of a hazardous substance
that necessitates the highest level of protective equipment for the respiratory
systems of emergency response personnel but less skin protection than a "Level A"
release.
The division of emergency management in DMA (division) is currently required
to promulgate rules regarding the duties of local and regional emergency response
teams and the governmental units that employ those teams. The division also
awards grants for the cost of such duties and reimburses the teams for unreimbursed
costs that are incurred in responding to a release. Emergency response teams are
required to make a good faith effort to identify the person who is responsible for the
hazardous substance release and to determine if that person is financially able to
reimburse the team for its expenses. Currently, a person who is financially able to
reimburse the team for expenses incurred in responding to the release is required to
reimburse those expenses.
Under this bill, the division must establish the procedures that the emergency
response teams must follow to determine if an emergency that requires a team's
response exists as the result of a release or potential release of a hazardous
substance. Under the bill, the division must reimburse regional and local emergency
response teams for costs incurred in responding to an emergency that results from
a potential release if procedures have been developed to determine if an emergency
exists. A person may be required to reimburse a team for expenses incurred in
responding to an emergency that results from a potential release if the team has
developed the procedures to determine if an emergency exists.
This bill requires that regional emergency response teams have members that
meet the highest standards required under federal law and the National Fire
Protection Association and that are trained in each of the appropriate specialty areas
under the National Fire Protection Association standard. The bill also requires
regional emergency response teams to file annual financial reports with the adjutant
general.
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.
This bill will be referred to the joint survey committee on retirement systems
for a detailed analysis, which will be printed as an appendix to this bill.
