SB44: Bill Text

Under current law, if a court imposes a fine or forfeiture for a violation of certain consumer protection laws or the laws regulating weights and measures, the court is required to impose an additional consumer protection assessment. The assessments, up to a certain limit, are available for expenditure by DATCP for consumer protection and consumer information and education. Under the bill, most of these consumer protection assessments are available for expenditure by DOJ, rather than DATCP. The bill also requires the imposition of the consumer protection assessment for fines or forfeitures resulting from the violation of the laws prohibiting the creation of monopolies and the unfair and discriminatory business practices that hamper competition.

The bill also changes the name of DATCP to the Department of Agriculture, Trade, and Rural Resources.

This bill eliminates DEG and transfers its functions to DOA. The bill also deletes the exemption of the UW System from certain laws affecting telecommunications procurement procedures.

Under current law, the Land Information Board is abolished effective on September 1, 2003. This bill changes this expiration date to September 1, 2005. The bill also changes the date on which certain land recording fees are reduced from September 1, 2003 to September 1, 2005.

This bill extends the sunset date for the Wisconsin Land Council, which is attached to DOA, from August 31, 2003 to September 1, 2005.

This bill increases the fee imposed by DOJ for a fingerprint card record check from $10 to $15. It also requires DOJ to impose a $5 surcharge whenever a person requesting a criminal background check, other than for criminal justice purposes or in connection with the sale of a handgun, asks for a paper copy of the results of the background check.

This bill directs the secretary of administration, by July 1, 2004, to review all holdings of state-owned real or personal property, except facilities or institutions the sale or closure of which is not authorized by law, for sale or lease. The bill also provides for the net proceeds of property sales and leases by the Building Commission and the net proceeds of certain sales of property by DOA to be deposited in the budget stabilization fund.

Under current law, the Tax Appeals Commission is the final administrative authority for the hearing and determination of most tax-related matters arising in this state. This bill eliminates the Tax Appeals Commission and replaces it with the Office of the Commissioner of Tax Appeals.

This bill prohibits all state agencies and authorities from entering into a contract or order for the purchase of materials, supplies, equipment, or contractual services with any person if the secretary of revenue determines that the person or an affiliate of the person refuses to collect and remit sales and use taxes on its sales delivered to this state. Currently, there is no such prohibition.

taxation

Under current law, for local general property tax purposes, DOR identifies and assesses all manufacturing property located in this state and reports the value of such assessments to the municipalities in which manufacturing property is located. Under this bill, for local general property tax purposes, each taxation district identifies and assesses all manufacturing property located in the the taxation district.

transportation

Highways

Under current law, the Building Commission may issue revenue bonds for major highway projects and transportation administrative facilities in a principal amount that may not exceed $1,753,067,500. 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 at least five miles in length to the highway; or improvement of an existing multilane divided highway to freeway standards. However, under current law, the Marquette interchange reconstruction project, lying at or near the junction of I 94, I 43, and I 794, in Milwaukee County, is not classified as a major highway project.

This bill increases the revenue bond limit from $1,753,067,500 to $2,916,403,000. The bill also provides that revenue bond proceeds may be expended for state highway rehabilitation projects, which are generally projects not qualifying as major highway projects that involve reconditioning, reconstruction, or resurfacing of highways on the state trunk system and connecting highways. Additionally, the bill provides that revenue bond proceeds may be expended for the Marquette interchange reconstruction project.

Under current law, state funds appropriated from the transportation fund for state highway rehabilitation and state and federal funds appropriated from the transportation fund for the rehabilitation of southeast Wisconsin freeways, including the Marquette interchange reconstruction project, may not be used for the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, or intelligent transportation systems unless incidental to the improvement of existing state trunk and connecting highways or the rehabilitation of southeast Wisconsin freeways. This bill eliminates this prohibition.

Under current law, DOT must award grants totaling $10,000,000 to the city of Milwaukee to fund the reconstruction of West Canal Street in the city of Milwaukee if the city contributes $10,000,000 toward the project. This bill permits the use of these funds for the extension of West Canal Street to USH 41 at Miller Park in the city of Milwaukee.

The federal Highway Beautification Act requires states to restrict advertising along interstate and federal-aid (primary) highways. Current state law prohibits, with certain exceptions, the erection or maintenance of outdoor advertising signs within 660 feet of, or beyond 660 feet but visible (and erected for the purpose of being visible) from, the main-traveled way of an interstate or primary highway.

Also under current law, DOT administers a Scenic Byways Program, under which DOT may designate as "scenic byways" highways that have outstanding scenic, historic, cultural, natural, recreational, or archeological qualities.

This bill changes the definition of primary highway to conform to federal law and imposes additional restrictions on advertising along interstate and primary highways designated as state scenic byways to conform to federal law.

Drivers and motor vehicles

Under current law, a person may not operate a motor vehicle if he or she has an alcohol concentration of 0.1 or more and has not more than one conviction relating to operating a motor vehicle with a prohibited alcohol concentration. A person who has two convictions relating to operating a motor vehicle with a prohibited alcohol concentration may not operate a motor vehicle if he or she has an alcohol concentration of 0.08 or more, and a person who has three or more convictions relating to operating a motor vehicle with a prohibited alcohol concentration may not operate a motor vehicle if he or she has an alcohol concentration of 0.02 or more.

This bill changes the prohibited alcohol concentration from 0.1 to 0.08 for a person with one or no prior convictions relating to operating a motor vehicle with a prohibited alcohol concentration.

Under current law, the owner of a vehicle who applies for a first certificate of title or for a new certificate of title after transfer of a vehicle must pay an application fee of $8.50. With certain exceptions, DOT also charges an annual vehicle registration fee of $45 per automobile.

Under this bill, the application fee for a first certificate of title or for a certificate of title after transfer of a vehicle is $18.50, and the annual registration fee for an automobile is $55.

Under current law, a person must pay an environmental impact fee of $9 upon registering a new motor vehicle with DOT or upon applying for a new certificate of title following a transfer of a vehicle. The environmental impact fees are credited to the environmental fund and are earmarked for environmental management activities. The fee expires on December 31, 2003. This bill increases the fee to $10.50 and eliminates the expiration date.

DOT currently administers a classified driver license system to implement the requirements of the Federal Commercial Motor Vehicle Safety Act of 1986. Under current law, DOT must disqualify a commercial motor vehicle (CMV) operator who commits a major traffic-related offense or another serious traffic violation. This bill makes changes to the classified driver license system that are required by the Federal Motor Carrier Safety Improvement Act of 1999. These changes become effective on September 30, 2005, and include:

1. Creating two new major traffic-related offenses and three new serious traffic violations.

2. Requiring disqualification of commercial driver license (CDL) privileges for certain offenses committed while operating a nonCMV as well as a CMV.

3. Prohibiting the issuance of an occupational license authorizing the operation of a CMV.

4. Requiring operators of school buses that are CMVs to maintain a CDL "S" endorsement, which may only be issued by DOT after the operator passes a knowledge and driving skills test.

5. Requiring DOT to maintain detailed records of actions taken against persons holding CDLs and persons operating CMVs without a CDL, and of convictions of such persons for offenses committed in both CMVs and nonCMVs.

Under current law, the fee for most permits to operate upon a highway a vehicle or combination of vehicles that exceeds certain statutory limits on size, weight, or load are 10% higher than the usual rates for the period beginning on January 1, 2000, and ending on June 30, 2003. This bill delays the sunset date of the permit fee increases from June 30, 2003, to June 30, 2005.

Current law requires DOT to conduct a motor vehicle emission inspection program in counties in which the air quality does not meet certain federal standards. This bill appropriates money from the petroleum inspection fund to pay the costs of administering the program, including contracting for emission inspections.

Transportation aids

Under current law, DOT makes general transportation aids payments to a county based on a share-of-costs formula, and to a village, city, or town (municipality) based on the greater of a share-of-costs formula for municipalities or an aid rate per mile, which is $1,825 for 2003 and thereafter. This bill increases the aid rate per mile to $1,871 for 2004 and $1,917 for 2005 and thereafter.

This bill increases the maximum amount of general transportation aids that may be paid to counties from $90,044,600 in 2003 to $92,295,700 in 2004 and $94,603,100 in 2005 and thereafter. The bill also increases the maximum amount of aid that may be paid to municipalities from $283,291,100 in 2003 to $290,373,400 in 2004 and $297,632,700 in 2005 and thereafter.

Under current law, DOT provides state aid, for each of four classes of mass transit systems, to local public bodies in urban areas served by mass transit systems to assist with the expenses of operating those systems. This bill increases the total amount of state aid to each class of mass transit system.

Rail and air transportation

This bill eliminates the Office of the Commissioner of Railroads and provides for the elimination and transfer of its functions as follows:

1. The office is currently authorized to regulate railroads to prevent "unreasonable or unjustly discriminatory" rates and inadequate services within the state and to require a finding of "public convenience and necessity" before constructing any new track. The bill eliminates this authority.

2. Under current law, the office may order railroads to install protective devices at crossings where a railroad intersects a street or another railroad. The bill transfers this authority to DOT and authorizes DOT to issue orders in these matters without a hearing, based on investigation and application of safety, programming, and cost allocation criteria promulgated by rule. The bill provides for review of DOT orders in these matters by the Division of Hearings and Appeals (division) in DOA.

3. Regulatory functions currently assigned to the office and not eliminated in the bill are transferred to DOT, and functions having the character of contested case resolution are transferred to the division.

This bill authorizes DOT to award grants to municipalities and specified political subdivisions for certain activities and capital costs related to the development or extension of commuter rail transit systems. Construction or expansion of a commuter rail transit system costing more than $5,000,000 may not be undertaken using state funds unless the project is specifically enumerated by statute.

This bill increases the authorized general obligation bonding limit for the acquisition and improvement by DOT of rail property from $28,000,000 to $32,500,000.

Other transportation

Under current law, the Building Commission may issue revenue bonds for major highway projects and transportation administrative facilities. DOT may deposit in a trust fund vehicle registration fee revenues pledged for the repayment of these revenue bonds. Moneys pledged in excess of the amount needed for repayment of these revenue bonds are transferred back to the transportation fund, free of any pledge.

This bill allows DOT to deposit in a special fund revenues from titling fees, personalized plate fees, fast service fees, counter service fees, late registration fees, and special plate fees pledged for the repayment of revenue bonds in the same manner as is allowed for vehicle registration fee revenues.

Under current law, DOT accepts credit card payments by telephone or Internet for registration renewals for automobiles, light trucks, and motorcycles. This bill allows DOT to accept credit card payments by telephone or Internet usage for oversize or overweight vehicle permits.

This bill increases the authorized general obligation bonding limit for grants awarded by DOT for harbor improvements from $25,000,000 to $28,000,000.

Veterans and military affairs

Under current law, the state reimburses a veteran for tuition and fees upon satisfactory completion of a full-time undergraduate semester in any institution of higher education or school approved by the DVA or by the Educational Approval Board (EAB) if the veteran completes the course within 10 years after separation from the armed services. This bill allows the veteran to be reimbursed if he or she starts the course within 10 years after separation from the armed services.

Currently, EAB inspects and approves private trade, correspondence, business, and technical schools to protect the students, prevent fraud, and encourage accepted educational standards at these schools. These schools are required to pay fees sufficient to cover the costs of EAB examining and approving their operation in the state.

This bill requires EAB to collect a fee from these schools to cover the losses that students, parents, or sponsors incur if a school closes unexpectedly and to use the collected fees to pay all or part of the losses incurred by students, parents, or sponsors.

This bill allows DVA to provide stipends to individuals to attend school and receive the necessary credentials to become employed at a Wisconsin veterans facility.

Currently, members of the Wisconsin National Guard, except officers and members with baccalaureate degrees, are eligible for tuition grants for reimbursement of college or technical college tuition. The grant is equal to the lesser of the actual tuition charged or the maximum resident undergraduate tuition charged by the UW-Madison for a comparable number of credits.

This bill limits the amount of the tuition grant reimbursement to the lesser of the actual tuition charged or the average resident undergraduate tuition charged by the UW System for a comparable number of credits. The qualifying schools are expanded to include public institutions of higher education under the Minnesota-Wisconsin student reciprocity agreement or under an interstate agreement that the Educational Communications Board approves.

This bill requires the adjutant general to cooperate with the federal government in the operation and maintenance of distance learning centers for the use of current and former members of the national guard and the U.S. armed forces. The bill permits the adjutant general to charge rent for nonmilitary or nonfederal users of the centers.

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.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

SB44, s. 1 Section 1. 5.05 (11) of the statutes is created to read:

SB44,47,4 5.05 (11) Aids to counties and municipalities. From the appropriation under s. 20.510 (1) (x), the board may provide financial assistance to eligible counties and municipalities for election administration costs.

SB44, s. 2 Section 2. 7.31 (5) of the statutes is amended to read:

SB44,47,10 7.31 (5) The board shall conduct regular training and administer examinations to ensure that individuals who are certified by the board under this section are knowledgeable concerning their authority and responsibilities. The board shall pay all costs required to conduct the training and to administer the examinations from the appropriation appropriations under s. 20.510 (1) (bm) and (jm).

SB44, s. 3 Section 3. 7.31 (6) of the statutes is created to read:

SB44,47,16 7.31 (6) The board may assess municipalities for costs incurred by the board in conducting the training and certification program under this section. The amount assessed to any municipality may not exceed the costs incurred by the board that are attributable to that municipality. The board shall credit any moneys received under this subsection to the appropriation under s. 20.510 (1) (jm).

SB44, s. 4 Section 4. 7.33 (4) and (5) of the statutes are amended to read:

SB44,48,8 7.33 (4) Except as otherwise provided in this subsection, each local governmental unit, as defined in s. 22.01 16.97 (7), may, and each state agency shall, upon proper application under sub. (3), permit each of its employees to serve as an election official without loss of fringe benefits or seniority privileges earned for scheduled working hours during the period specified in sub. (3), without loss of pay for scheduled working hours during the period specified in sub. (3) except as provided in sub. (5), and without any other penalty. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB44,48,16 (5) Any employee of a local governmental unit, as defined in s. 22.01 16.97 (7), or state agency who obtains a paid leave of absence under sub. (4) in order to serve as an election official under s. 7.30 shall certify in writing to the head of the local governmental unit or state agency by which he or she is employed the amount of compensation that the employee receives for such service. Upon receipt of the certification, the head of the local governmental unit or state agency shall deduct that amount from the employee's pay earned for scheduled working hours during the period specified in sub. (2) when the employee is on a paid leave of absence.

SB44, s. 5 Section 5. 13.099 (1) (a) and (b) of the statutes are amended to read:

SB44,48,19 13.099 (1) (a) "Department" means the department of administration commerce.

SB44,48,21 (b) "State housing strategy plan" means the plan developed under s. 16.31 560.9802.

SB44, s. 6 Section 6. 13.0999 (2) (a) of the statutes is amended to read:

SB44,49,3 13.0999 (2) (a) If any bill that is introduced in either house of the legislature directly or substantially affects the development, construction, cost or availability of housing in this state, the department, through the division of housing, shall prepare a report on the bill within 30 days after it is introduced. The department may request any information from other state agencies, local governments or individuals or organizations that is reasonably necessary for the department to prepare the report.

SB44, s. 7 Section 7. 13.0999 (3) (a) 5. of the statutes is amended to read:

SB44,49,5 13.0999 (3) (a) 5. Housing costs, as defined in s. 16.30 560.9801 (3) (a) and (b).

SB44, s. 8 Section 8. 13.101 (6) (a) of the statutes is amended to read:

SB44,49,25 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (cr), and (r), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (aq), (ar), and (at), 20.435 (6) (a) and (7) (da), and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB44, s. 9 Section 9. 13.101 (14) of the statutes is amended to read:

SB44,50,5 13.101 (14) With the concurrence of the joint committee on information policy and technology, direct the department of electronic government administration to report to the committee concerning any specific information technology system project in accordance with s. 13.58 (5) (b) 4.

SB44, s. 10 Section 10. 13.101 (16) (b) of the statutes is amended to read:

SB44,50,12 13.101 (16) (b) Annually, on June 15, beginning in 2004, the committee shall transfer from the permanent endowment fund to the tobacco control fund the lesser of $25,000,000 $15,054,500 for fiscal year 2003-04, and the lesser of $15,062,000 for fiscal year 2004-05 and every fiscal year thereafter, or the proceeds of, and investment earnings on, investments of the permanent endowment fund in the prior calendar year.

SB44, s. 11 Section 11. 13.121 (1) of the statutes is amended to read:

SB44,50,16 13.121 (1) Current member. From the appropriation under s. 20.765 (1) (a) or (b) or (5), each member of the legislature shall be paid, in equal installments, the salary provided under s. 20.923.

SB44, s. 12 Section 12. 13.121 (4) of the statutes is amended to read: