AB144: Bill Text

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.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB144, s. 1 Section 1. 5.02 (1) of the statutes is renumbered 5.02 (1c).

AB144, s. 2 Section 2. 5.02 (1a) of the statutes is created to read:

AB144,137,5 5.02 (1a) "Alternate identification," when used in reference to any individual, means any identification card other than preferred identification that contains the photograph and current street address of the individual.

AB144, s. 3 Section 3. 5.02 (15m) of the statutes is created to read:

AB144,137,11 5.02 (15m) "Preferred identification," when used in reference to any individual, means a valid operator's license issued to the individual under ch. 343 that contains the photograph and current street address of the individual or a valid identification card issued to the individual under s. 343.50 that contains the current street address of the individual.

AB144, s. 4 Section 4. 5.02 (17) of the statutes is amended to read:

AB144,138,2 5.02 (17) "Registration list" means the list of electors who are properly registered to vote in municipalities in which registration is required.

AB144, s. 5 Section 5. 5.05 (1) (f) of the statutes is amended to read:

AB144,138,7 5.05 (1) (f) Promulgate rules under ch. 227 applicable to all jurisdictions for the purpose of promoting the efficient and fair conduct of elections, interpreting or implementing the laws regulating the conduct of elections or election campaigns or ensuring their proper administration.

AB144, s. 6 Section 6. 5.05 (8) of the statutes is created to read:

AB144,138,14 5.05 (8) Training of observers at polling places. The board shall conduct training programs to enable individuals exercising the right of access to polling places under s. 7.41 (1) to inform themselves concerning the election laws, the procedures for conducting elections, and the rights of individuals who observe election proceedings. The board may charge participants in any programs for the cost of conducting the programs.

AB144, s. 7 Section 7. 5.05 (10) of the statutes is created to read:

AB144,138,21 5.05 (10) Grants to counties and municipalities. From the appropriation under s. 20.510 (1) (d), the board shall provide grants to counties and municipalities that apply for assistance to finance the cost of maintenance of the elector registration list under s. 6.33 (5). The board shall, by rule, prescribe an application procedure and an equitable method for allocation of grant moneys among counties and municipalities who apply for grants under this subsection.

AB144, s. 8 Section 8. 5.15 (6) (b) of the statutes is amended to read:

AB144,139,16 5.15 (6) (b) No later than 60 days before each September primary and general election, and no later than 30 days before each other election the governing body of any municipality may by resolution combine 2 or more wards for voting purposes to facilitate using a common polling place. Whenever wards are so combined, the original ward numbers shall continue to be utilized for all official purposes. Except as otherwise authorized under this paragraph, every municipality having a population of 35,000 or more shall maintain separate returns for each ward so combined. In municipalities having a population of less than 35,000, the governing body may provide in the resolution that returns shall be maintained only for each group of combined wards at any election. Whenever a governing body provides for common ballot boxes and ballots or voting machines, separate returns shall be maintained for each separate ballot required under ss. 5.62 and 5.64 at the September primary and general election. The municipal clerk shall transmit a copy of the resolution to the county clerk of each county in which the municipality is contained. In municipalities having a population of less than 35,000, the resolution shall remain in effect for each election until modified or rescinded, or until a new division is made under this section. Whenever a municipality combines wards or discontinues any ward combination under this paragraph, the municipal clerk shall promptly notify the board in writing or by electronic transmission.

AB144, s. 9 Section 9. 5.40 (6) of the statutes is amended to read:

AB144,139,20 5.40 (6) A municipality which utilizes voting machines or an electronic voting system at a polling place may permit use of the machines or system by electors voting under s. 6.15 only as authorized under s. 6.15 (3) (b).

AB144, s. 10 Section 10. 6.15 (2) (title) of the statutes is amended to read:

AB144,139,22 6.15 (2) (title) Application for ballot Procedure at clerk's office.

AB144, s. 11 Section 11. 6.15 (2) (a) (intro.) of the statutes is amended to read:

AB144,140,8 6.15 (2) (a) (intro.) The elector's request for the application form may be made to the proper municipal clerk either in person or in writing any time during the 10-day period in which the elector's residence requirement is incomplete, but not later than the applicable deadline for making application for an absentee ballot. Except as provided in par. (e), application may be made not sooner than 9 days nor later than 5 p.m. on the day before the election, or may be made at the proper polling place in for the ward or election district in which the elector resides. The application form shall be returned to the municipal clerk after the affidavit has been signed in the presence of the clerk or any officer authorized by law to administer oaths. The affidavit shall be in substantially the following form:

AB144, s. 12 Section 12. 6.15 (2) (bm) of the statutes is created to read:

AB144,140,25 6.15 (2) (bm) When making application in person at the office of the municipal clerk, each applicant shall present preferred identification or, if the applicant is unable to present preferred identification, the applicant shall present alternate identification. If the applicant is unable to present preferred or alternate identification, the applicant shall present any identification card that contains the name and photograph of the applicant and an identification number. If the applicant is unable to present any identification authorized under this paragraph, the application information may be corroborated in a statement that is signed by any other elector who resides in the municipality and who has not, during that day, corroborated the identity of more than one other person and that contains the current street address of the corroborator. The corroborator shall then provide identification in the same manner as if the corroborator were applying for a ballot under this paragraph. The clerk shall record on the application form, for any applicant who is unable to present preferred or alternate identification, the type of identification the applicant is able to present, if any, and the identifying number contained in that identification.

AB144, s. 13 Section 13. 6.15 (2) (d) 1g. of the statutes is created to read:

AB144,141,16 6.15 (2) (d) 1g. Except as otherwise provided in this subdivision, if the elector makes application in person at the office of the municipal clerk, the clerk shall verify that the name and address on the identification provided by the elector under par. (bm) or the name and address corroborated under par. (bm) are the same as the name and address on the elector's application and shall verify that the photograph contained in the identification reasonably resembles the elector. If the elector presents an identification card that is not preferred or alternate identification or that contains an address different from that on the application, the clerk shall verify that the name and identifying number on the identification card are the same as the person's name on the application and the identifying number on any identification card that the person's application indicates he or she is able to present. If the person's application does not indicate that he or she is able to present an identification card or if the identifying number on the identification card is different from the identifying number indicated in the person's application, the clerk shall record the type of identification and the identifying number contained in that identification.

AB144, s. 14 Section 14. 6.15 (2) (e) of the statutes is created to read:

AB144,141,23 6.15 (2) (e) If the elector makes application in writing but does not appear in person, and the clerk receives a properly completed application and cancellation card from the elector, the clerk shall provide the elector with a ballot. If the ballot is to be mailed, the application must be received no later than 5 p.m. on the Friday before the election. In order to be counted, the ballot must be received by the municipal clerk no later than 5 p.m. on the day before the election.