OC7 SB2: Bill Text

SB2,40,11 (g) Beginning on the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], and annually thereafter, the department shall adjust the dollar amounts specified in pars. (b) and (c) in proportion to any change in the cost of construction, utilities, and rights-of-way since the effective date of this paragraph.

SB2, s. 2532h Section 2532h. 84.101 of the statutes is created to read:

SB2,40,18 84.101 Ronald Reagan Memorial Highway. The department shall designate and mark the route of USH 14 from the Wisconsin-Illinois border to Madison as the "Ronald Reagan Memorial Highway" in recognition and appreciation of the public career of Ronald Reagan, who served 2 terms of office with distinction as the 40th president of the United States and who subsequently demonstrated grace and dignity in his struggle with Alzheimer's disease.

SB2, s. 2532m Section 2532m. 84.1023 of the statutes is created to read:

SB2,40,24 84.1023 Donald J. Schneider Highway. The department shall designate and mark the route of USH 8 between USH 53 and the city of Turtle Lake in Barron County as the "Donald J. Schneider Highway" in recognition of former Wisconsin Senate Chief Clerk Donald J. Schneider for his many years of service to the senate and the people of Wisconsin.

SB2, s. 2535h Section 2535h. 84.30 (5m) of the statutes is created to read:

SB2,41,5 84.30 (5m) Mars Cheese Castle signs in Kenosha County. Notwithstanding any other provision of law and any local ordinance or other restrictions on signs, the Mars Cheese Castle business in Kenosha County may relocate its on-premises signs located near the intersection of I 94 and STH 142 in Kenosha County and maintain such signs at their new location.

SB2, s. 17 Section 17. 84.555 (1m) (a) of the statutes is amended to read:

SB2,41,13 84.555 (1m) (a) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014 and for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag).

SB2, s. 18 Section 18. 84.59 (6) of the statutes is amended to read:

SB2,42,2 84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $2,324,377,900 $2,657,161,500, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

SB2, s. 2540c Section 2540c. 85.024 (2) of the statutes is amended to read:

SB2,42,14 85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development, or construction of bicycle and pedestrian facilities. For purposes of this subsection, "bicycle and pedestrian facilities" do not include sidewalks or street beautification measures. The department shall award from the appropriation under s. 20.395 (2) (nx) (ox) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% 20 percent of the amount awarded under this section. Any improvement project for which a political subdivision receives a grant under this section shall be let by contract based on bids and the contract shall be awarded to the lowest competent and responsible bidder.

SB2, s. 19 Section 19. 85.029 of the statutes is created to read:

SB2,42,16 85.029 Safe routes to school program. (1) In this section:

SB2,42,17 (a) "Local governmental unit" has the meaning given in s. 59.72 (1) (c).

SB2,42,18 (b) "Political subdivision" has the meaning given in s. 85.026 (1) (a).

SB2,42,19 (c) "State agency" has the meaning given in s. 20.001 (1).

SB2,42,20 (d) "Indian tribe" has the meaning given in s. 139.30 (5).

SB2,42,23 (2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).

SB2,43,3 (3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).

SB2,43,6 (4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).

SB2,43,9 (5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.

SB2,43,11 (6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).

SB2, s. 2541r Section 2541r. 85.035 of the statutes is amended to read:

SB2,43,17 85.035 Reduction of department appropriations. Where Subject to s. 16.50 (1) (c), where the secretary deems that economic conditions warrant, the secretary, in conjunction with submission of estimates under s. 16.50, may recommend to the secretary of administration that authorized department appropriations be reduced to reflect revenue deficiencies.

SB2, s. 20 Section 20. 85.061 (3) (a) 1. of the statutes is amended to read:

SB2,43,25 85.061 (3) (a) 1. Capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and, between the cities of Milwaukee and Green Bay, between the cities of Milwaukee and Chicago, between the cities of Madison and Eau Claire, and between the cities of Madison and La Crosse. Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible.

SB2, s. 21 Section 21. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

SB2,44,15 85.20 (4m) (a) 6. cm. For aid payable for calendar years 2004 and 2005, from the appropriation under s. 20.395 (1) (ht), the department shall pay $56,811,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. From the appropriation under s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar year 2006, and $59,107,000 for aid payable for calendar year 2007, $63,784,700 for aid payable for calendar year 2008, and $65,299,200 for aid payable for calendar year 2009 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

SB2, s. 22 Section 22. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

SB2,45,5 85.20 (4m) (a) 6. d. For aid payable for calendar years 2004 and 2005, from the appropriation under s. 20.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. From the appropriation under s. 20.395 (1) (hu), the department shall pay $15,470,200 for aid payable for calendar year 2006, and $15,779,600 for aid payable for calendar year 2007, $16,754,000 for aid payable for calendar year 2008, and $17,158,400 for aid payable for calendar year 2009 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

SB2, s. 23 Section 23. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

SB2,45,12 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $21,757,600 in calendar years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700 in calendar year 2007, $24,034,400 in calendar year 2008, and $24,614,500 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB2, s. 24 Section 24. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

SB2,45,19 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $4,925,100 in calendar years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar year 2007, $5,440,500 in calendar year 2008, and $5,571,800 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB2, s. 2550e Section 2550e. 85.243 of the statutes is repealed.

SB2, s. 2550m Section 2550m. 85.515 of the statutes is created to read:

SB2,46,4 85.515 Federal REAL ID Act implementation date. (1) If the secretary determines, prior to May 11, 2008, that the department will be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, the secretary shall, prior to May 11, 2008, send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states that the provisions of 2007 Wisconsin Act .... (this act) related to implementation of the federal REAL ID Act will become effective on May 11, 2008.

SB2,46,8 (2) If the secretary determines that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, the secretary shall do all of the following:

SB2,46,15 (a) As soon as the secretary determines that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008.

SB2,46,21 (b) As soon as the department is ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the provisions of 2007 Wisconsin Act .... (this act) related to implementation of the federal REAL ID Act will become effective.

SB2, s. 2551m Section 2551m. 86.196 (6) of the statutes is created to read:

SB2,47,7 86.196 (6) Notwithstanding any eligibility criteria established under this section and rules promulgated under this section, the department shall install and maintain, on I 94 in Milwaukee County, 2 signs meeting the specifications under this section and rules promulgated under this section. One sign shall be viewable from the northbound lanes of I 94 and shall be located between Rawson Avenue and College Avenue. The other sign shall be viewable from the eastbound lanes of I 94 and shall be located in the proximity of the Waukesha County line. Both signs shall highlight lakefront attractions in the city of Milwaukee and shall include information about the Milwaukee Art Museum, the Betty Brinn Children's Museum, Discovery World, Summerfest, and the Milwaukee County War Memorial.

SB2, s. 25 Section 25. 86.30 (2) (a) 3. of the statutes is amended to read:

SB2,47,13 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $1,825 in calendar years 2004 and 2005, $1,862 in calendar year 2006, and $1,899 in calendar year 2007, $1,956 in calendar year 2008, and $2,015 in calendar year 2009 and thereafter.

SB2, s. 26 Section 26. 86.30 (9) (b) of the statutes is amended to read:

SB2,47,20 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $90,044,600 in calendar years 2004 and 2005, $91,845,500 in calendar year 2006, and $93,682,400 in calendar year 2007, $96,492,900 in calendar year 2008, and $99,387,700 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

SB2, s. 27 Section 27. 86.30 (9) (c) of the statutes is amended to read:

SB2,48,3 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $283,291,100 in calendar years 2004 and 2005, $288,956,900 in calendar year 2006, and $294,736,000 in calendar year 2007, $303,578,100 in calendar year 2008, and $312,685,400 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

SB2, s. 28 Section 28. 86.31 (3g) of the statutes is amended to read:

SB2,48,11 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,250,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $5,381,300 in fiscal year 2007-08, and $5,515,800 in fiscal year 2008-09 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB2, s. 29 Section 29. 86.31 (3m) of the statutes is amended to read:

SB2,48,19 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $750,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $768,700 in fiscal year 2007-08, and $788,000 in fiscal year 2008-09 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB2, s. 30 Section 30. 86.31 (3r) of the statutes is amended to read:

SB2,49,2 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $1,000,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $1,025,000 in fiscal year 2007-08, and $1,050,600 in fiscal year 2008-09 and each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB2, s. 2651g Section 2651g. 110.08 (1m) of the statutes is amended to read:

SB2,49,10 110.08 (1m) Each operator's license examiner shall receive informational training on the powers and duties of the department relating to organ donor information under s. 343.175 once every 2 years and, for operator's license examiners hired after January 1, 1997, prior to initial assignment to operator's license examining activities. The informational training under this subsection shall be developed by all organ procurement organizations, as defined in s. 343.01 (2) (dg) 340.01 (41k), in cooperation with the department.

SB2, s. 2651r Section 2651r. 110.08 (5) of the statutes is created to read:

SB2,49,21 110.08 (5) (a) Unless an alternative plan has been approved under par. (b), after the effective date of this paragraph .... [revisor inserts date], the department shall maintain a local examining center in each municipality in which a local examining center was located on December 1, 2006. If the department closed any local examining center in a municipality between December 1, 2006, and the effective date of this paragraph .... [revisor inserts date], and the department maintains no other local examining center in that municipality on the effective date of this paragraph .... [revisor inserts date], the department shall, as soon as possible, open a local examining center in that municipality. Any local examining center required to be opened under this paragraph may not be closed by the department.

SB2,50,7 (b) In lieu of maintaining or opening a local examining center in a municipality under par. (a), the department may submit to the joint committee on finance an alternative plan for providing services that would otherwise be provided at the local examining center in the municipality. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan as proposed. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may implement the plan only upon approval of the committee.

SB2, s. 31 Section 31. 110.09 of the statutes is created to read:

SB2,50,20 110.09 Background investigations of certain persons. (1) (a) Notwithstanding ss. 111.321, 111.322, and 111.335, the department of transportation, with the assistance of the department of justice, shall conduct a background investigation of any person who has been selected to fill a position within the division of the department of transportation responsible for issuing operator's licenses and identification cards. This background investigation may include requiring the person to be fingerprinted on 2 fingerprint cards each bearing a complete set of the person's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice shall submit any such fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.

SB2,51,2 (b) Notwithstanding ss. 111.321, 111.322, and 111.335, at any interval determined appropriate by the department, the department may conduct, in the manner specified in par. (a), additional background investigations of any person for whom an initial background investigation has been conducted under par. (a) and background investigations of other persons employed by the department within the division of the department responsible for issuing operator's licenses and identification cards.

SB2,51,4 (c) The department shall promulgate rules governing confidentiality of information obtained under this subsection.

SB2,52,3 (2) Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require, as a precondition to allowing access to any information system in which is stored information maintained by the division of the department responsible for issuing operator's licenses and identification cards, that any person to whom access is granted submit to a background investigation as provided in this subsection. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require the employer, including any state agency, of any person to whom the information will be made available to conduct the background investigation in a manner prescribed by the department. The department may require, as part of this background investigation, that the person be fingerprinted in the manner described in sub. (1) (a) and that these fingerprints be provided to the department of justice for submission to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions. Notwithstanding ss. 111.321, 111.322, and 111.335, the department shall require that the employer certify the results of the background investigation and, based upon these results, may deny or restrict access to any information requested. In addition to the initial background investigation required under this subsection, the department may require on a periodic basis subsequent background investigations consistent with this subsection for persons with ongoing access to information. Any cost associated with the requirements under this subsection is the responsibility of the employer. For purposes of this subsection, "employer" includes a self-employed person. The department shall promulgate rules governing background investigations, and confidentiality of information obtained, under this subsection.

SB2, s. 32 Section 32. 110.20 (7) of the statutes is amended to read:

SB2,52,8 110.20 (7) Voluntary inspections. The inspection and maintenance program shall require inspection of any nonexempt vehicle which a person presents for inspection at an inspection station or at any other location where, as established under sub. (8) (bm), the vehicle may be inspected.

SB2, s. 33 Section 33. 110.20 (8) (title) of the statutes is amended to read:

SB2,52,10 110.20 (8) (title) Contractors and other inspection methods.

SB2, s. 34 Section 34. 110.20 (8) of the statutes is renumbered 110.20 (8) (am), and 110.20 (8) (am) 1., as renumbered, is amended to read:

SB2,52,24 110.20 (8) (am) 1. The emissions test and equipment inspection of nonexempt vehicles shall may be performed by persons under contract with the department. The Each such contract shall require the contractor to operate inspection stations for a minimum of 3 years and shall provide for equitable compensation to the contractor if the operation of an inspection and maintenance program within any county is terminated within 3 years after the inspection and maintenance program in the county is begun. No officer, director or employee of the contractor may be an employee of the department or a person engaged in the business of selling, maintaining or repairing motor vehicles or of selling motor vehicle replacement or repair parts. The department shall require the contractor to operate a sufficient number of inspection stations, permanent or mobile, to ensure public convenience in those counties identified under sub. (5).

SB2, s. 35 Section 35. 110.20 (8) (am) 1m. of the statutes is created to read:

SB2,53,5 110.20 (8) (am) 1m. Each contract under subd. 1. may authorize or require the contractor to install and operate self-service inspection stations and may allow the use of different methods for emissions testing and equipment inspection, consistent with methods established under par. (bm), than those used at inspection stations that are not self-service.

SB2, s. 36 Section 36. 110.20 (8) (bm) of the statutes is created to read:

SB2,53,16 110.20 (8) (bm) The department may establish methods for emissions testing and equipment inspection of nonexempt vehicles in addition to testing and inspection by contractors. These methods may include the installation and operation by the department of self-service inspection stations and the utilization of any technology related to emissions or data transmission with which motor vehicles may be equipped. The department may establish methods for emissions testing and equipment inspection specifically applicable to self-service inspection stations, which methods shall apply equally to self-service inspection stations operated by contractors under par. (am) 1m. and self-service inspection stations operated by the department under this paragraph.

SB2, s. 37 Section 37. 110.20 (9) (k) of the statutes is created to read:

SB2,53,19 110.20 (9) (k) Prescribe a procedure for any method for emissions testing and equipment inspection established under sub. (8) (bm).

SB2, s. 38 Section 38. 110.20 (10m) of the statutes is amended to read:

SB2,54,4 110.20 (10m) Reinspection. The owner of a nonexempt vehicle inspected under this section is entitled, if the inspection determines that any applicable emission limitation is exceeded, to one reinspection of the same vehicle at any inspection station within this state operated by a contractor under sub. (8) (am), or at any other location where, as established under sub. (8) (bm), the vehicle was initially inspected, if the reinspection takes place within 30 days after the initial inspection or the owner presents satisfactory evidence that the repairs and adjustments which were performed on the vehicle could not have been made within 30 days of the initial inspection.

SB2, s. 39 Section 39. 110.20 (11) of the statutes is amended to read:

SB2,54,12 110.20 (11) Inspection tests; results. (a) The A contractor shall perform the tests required under the federal act, and any testing and inspection method established under sub. (8) (bm) shall include the tests required under the federal act. The tests shall include one of the approved short tests required by the federal act to determine compliance with applicable emission limitations for carbon monoxide, hydrocarbons and oxides of nitrogen. The department may require the contractor contractors to provide information on the fuel efficiency of the motor vehicle.

SB2,54,22 (b) The department shall require the each contractor to furnish the results of the emissions inspection in writing to the person presenting the vehicle for inspection before he or she departs from the inspection station. For emissions inspections not conducted by a contractor, the department shall require any testing and inspection method established under sub. (8) (bm) to include the contemporaneous furnishing of the results of the emissions inspection in writing to the person having the vehicle inspected. If the inspection shows that the vehicle does not comply with one or more applicable emissions limitations, the results shall include, to the extent possible, a description of the noncompliance and the adjustments or repairs likely to be needed for compliance.

SB2, s. 40 Section 40. 110.21 of the statutes is amended to read:

SB2,55,4 110.21 Education and training related to motor vehicle emissions. The department and its contractors under s. 110.20 (8) (am) shall conduct a program of public education related to the motor vehicle emission and equipment inspection and maintenance program established under s. 110.20 (6). The program under s. 110.20 (6) may include a pilot project of motor vehicle emissions inspections for those owners who elect to present their motor vehicles for inspection.

SB2, s. 2665g Section 2665g. 114.09 (title) of the statutes is amended to read:

SB2,55,6 114.09 (title) Reckless Intoxicated and reckless flying; penalty.

SB2, s. 2665h Section 2665h. 114.09 (1) (a) of the statutes is renumbered 114.09 (1) (a) (intro.) and amended to read:

SB2,55,9 114.09 (1) (a) (intro.) In this subsection, "drug":