SB44: Bill Text

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:

SB44,50,25 13.121 (4) Insurance. For the purpose of premium determinations under s. 40.05 (4) and (5) each member of the legislature shall accrue sick leave at a rate equivalent to a percentage of time worked recommended for such positions by the secretary of employment relations administration and approved by the joint committee on employment relations in the same manner as compensation for such positions is determined under s. 20.923. This percentage of time worked shall be applied to the sick leave accrual rate established under s. 230.35 (2). The approved percentage shall be incorporated into the compensation plan under s. 230.12 (1).

SB44, s. 13 Section 13. 13.123 (1) (a) 1. of the statutes is amended to read:

SB44,51,18 13.123 (1) (a) 1. Any member of the legislature who has signified, by affidavit filed with the department of administration, the necessity of establishing a temporary residence at the state capital for the period of any regular or special legislative session shall be entitled to an allowance for expenses incurred for food and lodging for each day that he or she is in Madison on legislative business, but not including any Saturday or Sunday unless the legislator is in actual attendance on such day at a session of the legislature or a meeting of a standing committee of which the legislator is a member. The amount of the allowance for each biennial session shall be 90% of the per diem rate for travel for federal government business within the city of Madison, as established by the federal general services administration. For the purpose of determining the amount of the allowance, the secretary of employment relations administration shall certify to the chief clerk of each house the federal per diem rate in effect on December 1, or the first business day thereafter if December 1 is not a business day, in each even-numbered year. Each legislator shall file an affidavit with the chief clerk of his or her house certifying the specific dollar amount within the authorized allowance the member wishes to receive. Such affidavit, when filed, shall remain in effect for the biennial session.

SB44, s. 14 Section 14. 13.123 (1) (c) of the statutes is amended to read:

SB44,52,3 13.123 (1) (c) Each member shall certify to the chief clerk of the house in which the member serves, as promptly as may be following the 1st of each month, the number of days during the previous calendar month on which the member was in Madison on legislative business and for which the member seeks the allowance provided by this subsection. Such allowances shall be paid from the appropriation under s. 20.765 (1) (a) or (b) or (5) within one week after each calendar month; and shall be paid, upon the filing with the department of administration, the chief clerk's affidavit stating the number of days in Madison on legislative business for all members of the chief clerk's house.

SB44, s. 15 Section 15. 13.123 (2) (intro.) of the statutes is amended to read:

SB44,52,17 13.123 (2) Interim expenses. (intro.) From the appropriation under s. 20.765 (1) (a) or (b) or (5), each member of the legislature shall be entitled to an expense allowance for postage and clerical assistance for each full calendar month during which the legislature is in actual session 3 days or less. No allowance is payable to a representative to the assembly unless the speaker of the assembly files with the chief clerk of the assembly a written authorization for the allowance to be paid. No allowance is payable to a senator unless the majority leader of the senate files with the chief clerk of the senate a written authorization for the allowance to be paid. An authorization filed under this subsection becomes effective for the month in which it is filed and continues in effect through the month in which the speaker of the assembly or the majority leader of the senate files a written revocation of the authorization with the chief clerk of the appropriate house. The rate of such allowance shall be as follows:

SB44, s. 16 Section 16. 13.123 (3) (a) of the statutes is amended to read:

SB44,53,3 13.123 (3) (a) Any senator authorized by the committee on senate organization to attend a meeting outside the state capital, any representative to the assembly authorized by the committee on assembly organization to attend an out-of-state meeting or authorized by the speaker to attend a meeting within this state outside the state capital, and all members of the legislature required by law, legislative rule, resolution or joint resolution to attend such meetings, shall be paid no additional compensation for such services but shall be reimbursed for actual and necessary expenses from the appropriation under s. 20.765 (1) (a) or (b) or (5), but no legislator may be reimbursed under this subsection for expenses on any day for which the legislator submits a claim under sub. (1).

SB44, s. 17 Section 17. 13.125 of the statutes is amended to read:

SB44,53,9 13.125 Chaplains. The officiating chaplain of the senate and assembly shall be paid such amount as may be established by each house for each day of service from the appropriation under s. 20.765 (1) (a) or (b) or (5). Payment shall be made on certification by the chief clerk of the senate or of the assembly, respectively, showing the amount to which each chaplain is entitled.

SB44, s. 18 Section 18. 13.14 (2) of the statutes is amended to read:

SB44,53,16 13.14 (2) Floral pieces. The senate and assembly may procure floral pieces for deceased or ill members of the legislature and state officers who, in the judgment of the presiding officer and chief clerk, have been identified with the legislative process. Such expenses shall be by voucher, signed by the presiding officer or chief clerk of the respective house, and shall be drawn on the appropriation under s. 20.765 (1) (a) or (b) or (5).

SB44, s. 19 Section 19. 13.14 (3) of the statutes is amended to read:

SB44,53,22 13.14 (3) Travel; legislative personnel. The actual and necessary expenses of legislative policy research personnel, assistants to legislators, and research staff assigned to legislative committees incident to attending meetings outside the state capital shall be reimbursed from the appropriation under s. 20.765 (1) (a) or (b) or (5).

SB44, s. 20 Section 20. 13.20 (2) of the statutes is amended to read:

SB44,54,9 13.20 (2) Pay ranges; duration of employment. All legislative employees shall be paid in accordance with the compensation and classification plan for employees in the classified civil service within ranges approved by the joint committee on legislative organization. The secretary of employment relations administration shall make recommendations concerning a compensation and classification schedule for legislative employees if requested to do so by the joint committee on legislative organization or by the committee on organization of either house. If the joint committee does not approve pay ranges for legislative employees, the committee on organization of either house may approve pay ranges for its employees. Appointments shall be made for the legislative session, unless earlier terminated by the appointing officer.

SB44, s. 21 Section 21. 13.40 (3) (b) of the statutes is amended to read:

SB44,54,14 13.40 (3) (b) An appropriation to honor a moral obligation undertaken pursuant to ss. 16.523 (8), 16.526 (8), 16.527 (10), 18.61 (5), 85.25 (5), 101.143 (9m) (i), 229.50 (7), 229.74 (7), 229.830 (7), 234.15 (4), 234.42 (4), 234.54 (4) (b), 234.626 (7), 234.93 (6), 234.932 (6), 234.933 (6), and 281.59 (13m).

SB44, s. 22 Section 22. 13.40 (3) (fm) of the statutes is created to read:

SB44,54,17 13.40 (3) (fm) An appropriation for the 2003-05 fiscal biennium to make payments to counties, towns, villages, and cities under ss. 79.035 and 79.036.

SB44, s. 23 Section 23. 13.40 (3) (i) 1. of the statutes is repealed.

SB44, s. 24 Section 24. 13.45 (3) (a) of the statutes is amended to read:

SB44,54,24 13.45 (3) (a) For any day for which the legislator does not file a claim under s. 13.123 (1), any legislator appointed to serve on a legislative committee or a committee to which the legislator was appointed by either house or the officers thereof shall be reimbursed from the appropriations under s. 20.765 (1) (a) or (b) or (5) for actual and necessary expenses incurred as a member of the committee.

SB44, s. 25 Section 25. 13.48 (2) (j) of the statutes is amended to read:

SB44,55,9 13.48 (2) (j) No later than the first day of the 7th month after the effective date of each biennial budget act, the secretary of employment relations administration shall report to the building commission, in writing, regarding the desirability of including plans for day care facility space in the plans for any construction or major remodeling project, enumerated in the state building program in the biennial budget act, for any state office building. Based upon the report of the secretary of employment relations administration, the building commission may direct that plans for day care facility space be included in the plans for that construction or major remodeling project.

SB44, s. 26 Section 26. 13.48 (14) (c) of the statutes is amended to read:

SB44,55,20 13.48 (14) (c) If there is any outstanding public debt used to finance the acquisition of a building, structure or land or the construction of a building or structure that is sold or leased under par. (b), the building commission shall deposit a sufficient amount of the net proceeds from the sale or lease of the building, structure or land in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of that debt. If there is no such debt outstanding, or, if the net proceeds exceed the amount required to repay that principal and pay that interest and premium, the building commission shall credit deposit the net proceeds or remaining net proceeds to in the appropriation account under s. 20.865 (4) (a) budget stabilization fund.

SB44, s. 27 Section 27. 13.50 (6) (am) of the statutes is amended to read:

SB44,56,7 13.50 (6) (am) The cochairpersons of the joint survey committee on retirement systems or the cochairpersons of the joint committee on finance, with respect to any bill or amendment specified in par. (a), or the presiding officer of either house of the legislature, with respect to any bill or amendment specified in par. (a) that is pending in his or her house, may make a determination, based on any available information, that the bill or amendment may have a significant fiscal impact on the costs, actuarial balance or goals of the Wisconsin retirement system Retirement System and order the attachment of an independent actuarial opinion on such impact. The cochairpersons or presiding officer ordering such an opinion shall direct the staff under sub. (4) to obtain the opinion. The staff shall make payment for the opinion from the appropriation under s. 20.765 (2) (ab) or (5).