OC7 SB2: Bill Text

Senate BILL 2

October 15, 2007 - Introduced by Committee on Senate Organization. Referred to Joint Committee on Finance.

SB2,3,5 An Act to repeal 20.395 (2) (jq), (jv) and (jx), 59.58 (6) (e) 4r. and 6., 84.014 (5m) (b) 1., 85.243, 343.06 (1) (j), 343.17 (3) (a) 14. and 343.22 (1); to renumber 84.014 (5m) (a) and 343.01 (2) (dg); to renumber and amend 110.20 (8), 114.09 (1) (a), 114.09 (1) (b), 343.35 (1), 343.50 (1) and 343.50 (5); to consolidate, renumber and amend 343.14 (2) (er) 1. and 2.; to amend 13.489 (5) (b), 16.50 (1) (a), 16.50 (6), 20.395 (2) (ft), 20.395 (2) (nx), 20.395 (3) (cq), 20.395 (6) (au), 20.866 (2) (up), 20.866 (2) (uup), 20.866 (2) (uv), 20.866 (2) (uw), 46.03 (18) (f), 51.42 (3) (ar) 4. b., 59.58 (6) (cr), chapter 77 (title), 77.9971, 84.01 (21), 84.013 (4) (a), 84.06 (1m), 84.555 (1m) (a), 84.59 (6), 85.024 (2), 85.035, 85.061 (3) (a) 1., 85.20 (4m) (a) 6. cm., 85.20 (4m) (a) 6. d., 85.20 (4m) (a) 7. b., 85.20 (4m) (a) 8. b., 86.30 (2) (a) 3., 86.30 (9) (b), 86.30 (9) (c), 86.31 (3g), 86.31 (3m), 86.31 (3r), 110.08 (1m), 110.20 (7), 110.20 (8) (title), 110.20 (10m), 110.20 (11), 110.21, 114.09 (title), 194.23 (1), 194.34 (1), 194.41 (1), 285.30 (5) (a), 285.30 (5) (b), 285.30 (5) (d), 341.25 (1) (a), 341.25 (2) (a), 341.25 (2) (b), 341.25 (2) (c), 341.25 (2) (cm) to (q), 342.14 (3m), 343.01 (2) (d), 343.03 (3) (intro.), 343.03 (6) (a), 343.06 (1) (L), 343.10 (2) (a) (intro.), 343.10 (6), 343.10 (7) (b), 343.10 (7) (d), 343.10 (7) (f), 343.135 (1) (a) 3., 343.135 (7), 343.14 (2) (a) and (br), 343.14 (2) (f), 343.14 (3), 343.14 (4m), 343.16 (3) (a), 343.17 (1), 343.17 (2), 343.17 (3) (a) 1. and 5., 343.17 (5), 343.19 (1), 343.20 (1) (a), 343.20 (1) (f), 343.20 (1m), 343.20 (1m), 343.20 (2) (a), 343.22 (2) (intro.) and (a), 343.22 (2m), 343.22 (2m), 343.22 (3), 343.22 (3), 343.23 (2) (a) (intro.), 343.23 (2) (b), 343.23 (5), 343.235 (3) (a), 343.237 (2), 343.237 (3) (intro.), 343.24 (3), 343.24 (4) (c) 1., 343.26, 343.26, 343.265 (2), 343.30 (5), 343.305 (8) (b) 5. (intro.), 343.305 (8) (c) 5., 343.305 (11), 343.307 (1) (intro.), 343.315 (3) (b), 343.38 (1) (a), 343.38 (2), 343.39 (1) (a), 343.43 (1) (a), 343.43 (1) (g), 343.50 (1), 343.50 (2), 343.50 (3), 343.50 (4), 343.50 (5), 343.50 (6), 343.50 (6), 343.50 (8) (a), 343.50 (8) (b), 343.50 (10) (intro.) and (a), 344.18 (1) (intro.), 344.18 (3) (intro.), 344.19 (3), 345.47 (1) (c), 346.03 (1), 347.25 (1), 347.38 (4) and 348.21 (3g) (intro.); to repeal and recreate 114.09 (2), 343.027, 343.14 (1), 343.14 (2j) and 348.21 (3g) (intro.); and to create 13.489 (5) (c), 16.50 (1) (c), 20.395 (2) (cw), 20.395 (2) (ov), 20.395 (2) (ox), 20.395 (2) (qv), 20.395 (2) (qx), 25.40 (1) (bd), 59.58 (6) (cb), 59.58 (6) (e) 3g., 59.58 (6) (e) 3m., 59.58 (6) (f), subchapter XIV of chapter 77 [precedes 77.998], 84.013 (3m) (d), 84.013 (3m) (e), 84.014 (5m) (ag), 84.014 (5m) (b) 2., 84.014 (5r), 84.02 (15), 84.06 (1r), 84.101, 84.1023, 84.30 (5m), 85.029, 85.515, 86.196 (6), 110.08 (5), 110.09, 110.20 (8) (am) 1m., 110.20 (8) (bm), 110.20 (9) (k), 114.09 (1) (a) 2., 114.09 (1) (b) 1m., 194.407, 340.01 (3) (dg), 340.01 (3) (dh), 343.03 (3m), 343.14 (2) (es) 1. and 4., 343.14 (2r), 343.165, 343.21 (1) (n), 343.307 (1) (g), 343.35 (1) (b), 343.50 (1) (b) and (c), 343.50 (5m), 343.50 (8) (c), 343.50 (10) (c), 346.03 (5m) and 348.15 (3) (f) of the statutes; relating to: state finances and appropriations for the Department of Transportation, the operations and programs of the Department of Transportation, creating an oil company assessment, commuter rail transit systems, authorized emergency vehicles, intoxicated operation of an aircraft, bonding authority, granting rule-making authority, making appropriations, and providing penalties.

Analysis by the Legislative Reference Bureau

Introduction

This bill contains appropriations from segregated funds and from the general fund for the Department of Transportation (DOT) for the 2007-09 fiscal biennium.

The bill repeals and recreates the appropriation schedule in chapter 20 of the statutes as it relates to ss. 20.395 and 20.865 (4) (u), stats., thereby setting the appropriation levels for DOT for the 2007-09 fiscal biennium. With minor exceptions, the bill does not affect appropriations other than those for DOT. The descriptions that follow relate to the most significant changes in the law proposed in the bill. In many cases, changes in the amounts of existing spending authority are not discussed.

For additional information concerning this bill, see the Legislative Reference Bureau's drafting files, which contain separate drafts on each policy item and references to the Legislative Fiscal Bureau's Comparative Summary, Budget Provisions of the Senate and Assembly dated July 16, 2007 and Comparative Summary of Budget Recommendations, Governor and Joint Committee on Finance dated June, 2007.

Transportation

Transportation revenue

This bill imposes an assessment on a motor vehicle fuel supplier at the rate of 2.5 percent of the supplier's gross receipts from the first sale of motor vehicle fuel in this state. The supplier may take no action to increase or influence the selling price of motor vehicle fuel in order to recover the amount of the assessment. For the purpose of determining the amount of the assessment, income derived from the first sale in this state of biodiesel fuel or ethanol blended with gasoline to create gasoline consisting of at least 85 percent ethanol is not included in the supplier's gross receipts. The revenue collected from the assessment is deposited into the transportation fund.

Highways

Current law includes provisions applicable to southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project. Under current law, DOT may contract up to $213,100,000 in public debt for the Marquette interchange reconstruction project. DOT generally may not expend moneys, other than bonding proceeds, for any southeast Wisconsin freeway rehabilitation project that involves adding lanes five miles or more in length to an existing freeway absent enumeration of the project by the legislature. Currently no such projects are enumerated.

This bill enumerates the I 94 north-south corridor project in southeastern Wisconsin. The bill also increases the general obligation bonding limit and allows proceeds from this bonding also to be used to fund the I 94 north-south corridor project.

Under current law, the Building Commission may issue revenue bonds for major highway projects and transportation administrative facilities in a principal amount that, with certain exclusions, may not exceed $2,324,377,900. This bill increases the revenue bond limit.

Drivers and motor vehicles

This bill incorporates into state law the requirements contained in the federal REAL ID Act necessary for federal agencies to recognize for an official purpose operator's licenses and identification cards issued by this state. Under the act, an official purpose includes accessing federal facilities, boarding federally regulated commercial aircraft, and any other purpose identified by the federal Department of Homeland Security (DHS).

Under this bill, DOT may not, after the later of May 10, 2008 or the date DOT is ready to implement the REAL ID Act, issue or renew an operator's license or identification card unless the applicant presents, and DOT verifies, all of the following information:

1. An identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth.

2. Documentation showing the applicant's date of birth.

3. Proof of the applicant's social security number or verification that the applicant is not eligible for a social security number.

4. Documentation showing the applicant's name and address of principal residence.

5. Valid documentary proof that the individual is a citizen or national of the United States or an alien lawfully admitted for permanent or temporary residence in the United States.

In processing the application for an operator's license or identification card, DOT must capture and retain for at least ten years a digital image of each document presented. DOT must verify each document presented in the manner and to the extent required under federal law. DOT must record in the applicant's file or record the date on which verification is completed.

This bill creates a $10 federal security verification mandate fee that must be paid to DOT for the issuance, renewal, upgrading, or reinstatement of any operator's license, endorsement, instruction permit, or identification card.

For certain noncitizen applicants who present specified forms of status or authorization of legal presence in the United States, the bill requires DOT to issue operator's licenses or identification cards displaying a legend identifying the license as temporary. Such a license or identification card may not be renewed unless the applicant presents valid documentary proof that DHS extended the status by which the applicant qualified for the license or identification card. Under current law, an operator's license or identification card issued to a noncitizen generally expires on the date the person's legal presence in the United States is no longer authorized. Under the bill, under certain circumstances, a temporary operator's license or identification card issued to a noncitizen expires one year after issuance.

The bill specifies that every operator's license and identification card must include a digital color photograph of the applicant and that an applicant who does not provide a social security number must provide the basis for his or her ineligibility for a social security number.

Under current law, upon request, DOT must provide to the commercial driver license information system and the driver licensing agencies of other states any applicant or driver record information maintained by DOT. This bill specifies that upon request, DOT must provide to any driver licensing agency of another state electronic access to any record or file of an operator's license or identification card applicant, including any photograph, signature, or social security number appearing in such a record or file. Also, DOT may provide to DHFS certain applicant information for the sole purpose of verification by DHFS of birth certificate information.

The bill requires DOT to implement certain security procedures with regard to the issuance of operator's licenses and identification cards. The bill provides for DOT to perform background investigations on employees or new hirees in its Division of Motor Vehicles (DMV). Before allowing a person to access an information system maintained by DMV, DOT must require the person's employer to conduct a background investigation. DOT may use the results of the investigation to deny or restrict access to DMV information.

The bill extends the valid period for an identification card from four years to eight years.

This bill increases the annual fee for registering automobiles and motor trucks.

Under current law, DOT administers, in a manner provided under federal law, a single-state insurance registration system for for-hire motor carriers allowing interstate carriers to register in, and pay applicable fees to, a single state with regard to proof of motor carrier insurance requirements. Under federal law, the single-state insurance registration system is scheduled to be repealed and replaced by a unified carrier registration system.

This bill authorizes DOT to participate in the new unified carrier registration system and to impose registration fees on all motor carriers, including private motor carriers.

Current law requires DOT to conduct a motor vehicle emission inspection and maintenance program (I/M program) in counties where air quality does not meet certain federal standards. Under the I/M program, most motor vehicles that are subject to emission limitations established by DNR must pass periodic emission inspections and may not be registered by DOT unless they have passed these inspections. Certain motor vehicles are exempt from emission inspections. DOT is required to contract with third parties to perform vehicle emission inspections under the I/M program.

This bill exempts from emission inspections vehicles of model year 1967 to model year 1995, vehicles of model year 2007 or later that weigh between 10,001 pounds and 14,000 pounds, and vehicles of model year 2007 or later that are powered by diesel fuel. The bill also allows the operation of self-service inspection stations.

The bill requires DOT to maintain DMV service centers in certain municipalities under certain circumstances.

The bill provides certain vehicles transporting organs for human transplantation and other medical personnel and devices the traffic law privileges of authorized emergency vehicles.

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 $1,862 for 2006 and $1,899 for 2007 and thereafter. This bill increases the aid rate per mile.

This bill increases the maximum amount of general transportation aids that may be paid to counties and municipalities.

Under current law, DOT provides state aid 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 for mass transit systems.

This bill creates a Safe Routes to School Program to promote children walking or riding bicycles to school and to increase the safety and reduce traffic in the vicinity of schools. The program must be consistent with the federal Safe Routes to School Program and incorporate regulations under that federal law.

Under current law, DOT administers a Local Roads Improvement Program, which includes an entitlement component and a nonentitlement component. This bill increases DOT's allocations for the nonentitlement component.

Rail and air transportation

Under current law, DOT administers a Rail Passenger Route Development Program to, in part, fund capital costs related to Amtrak service extension routes or other rail service routes between Milwaukee and Madison and between Milwaukee and Green Bay. This bill expands the program to include routes between Chicago and Milwaukee, between Madison and La Crosse, and between Madison and Eau Claire. The bill also increases general obligation bonding authority for the program.

Under current law, the counties of Kenosha, Milwaukee, and Racine must create a Regional Transit Authority (RTA). The RTA is responsible for the coordination of highway and transit programs within these counties. The RTA may receive funding by imposing a rental car transaction fee within these counties, but the fee may presently be used only to hire staff, conduct studies, and prepare a report to the legislature and the governor, due by November 15, 2008. The report must include certain information, including a recommendation as to whether the responsibilities of the RTA should be limited to collection and distribution of regional transit funding or should also include operation of transit service and a recommendation on whether the RTA should continue in existence after September 30, 2009.

This bill provides the RTA with the responsibility for constructing and operating of a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee (KRM commuter link). The bill increases the amount of the rental car transaction fee that may be imposed, authorizes the RTA to issue bonds, and authorizes the RTA to use rental car transaction fees and bond proceeds for KRM commuter link purposes.

Under current law, DOT may contract up to specified amounts in public debt for the acquisition and improvement of rail property and to provide grants for harbor improvements. This bill increases these authorized bonding limits.

The bill modifies provisions of current law related to operating an aircraft while intoxicated.

Other transportation

Under current law, DOT collects a supplemental vehicle title fee in connection with applications for certificates of title for new vehicles and for vehicles the ownership of which has been transferred. This bill increases the fee by $2.

This bill provides for a variety of transportation projects, grants, reports, and studies, and affects in additional ways the operations and programs of DOT and the state transportation system.

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:

SB2, s. 9og Section 9og. 13.489 (5) (b) of the statutes is amended to read:

SB2,7,5 13.489 (5) (b) All project information included in any report required under this subsection par. (a) shall be reported on both a cumulative basis from the inception of the project and on an updated basis for the period since the department's last report under this subsection.

SB2, s. 9oh Section 9oh. 13.489 (5) (c) of the statutes is created to read:

SB2,8,2 13.489 (5) (c) With the report submitted under par. (a), by February 1 of each year, the department of transportation shall include a current project schedule for all projects enumerated under s. 84.013 (3) or approved under s. 84.013 (6), showing the annual funding required until completion for each project.

SB2, s. 85c Section 85c. 16.50 (1) (a) of the statutes is amended to read:

SB2,8,16 16.50 (1) (a) Each department except the legislature and the courts shall prepare and submit to the secretary an estimate of the amount of money which it proposes to expend, encumber or distribute under any appropriation in ch. 20. The department of administration shall prepare and submit estimates for expenditures from appropriations under ss. 20.855, 20.865, 20.866 and 20.867. The secretary may waive the submission of estimates of other than administrative expenditures from such funds as he or she determines, but the secretary shall not waive submission of estimates for the appropriations under s. 20.285 (1) (im) and (n) nor for expenditure of any amount designated as a refund of an expenditure under s. 20.001 (5). Estimates shall be prepared in such form, at such times and for such time periods as the secretary requires. Revised Except as provided in par. (c), revised and supplemental estimates may be presented at any time under rules promulgated by the secretary.

SB2, s. 85e Section 85e. 16.50 (1) (c) of the statutes is created to read:

SB2,8,25 16.50 (1) (c) 1. The department may not approve any revised or supplemental estimate submitted by the department of transportation under par. (a) for any appropriation of federal funds under s. 20.395 unless the department of transportation has submitted a request to revise or supplement the estimate to the joint committee on finance and the request is approved under subd. 2. or the department of transportation has submitted a plan including the revised or supplemental estimate to the joint committee on finance under s. 84.03 (2) (b) 1. and the plan is approved under s. 84.03 (2) (c).

SB2,9,9 2. If the department of transportation submits a request under subd. 1. and the cochairpersons of the joint committee on finance do not notify the department of transportation within 14 working days after the date of the submittal that the committee has scheduled a meeting for the purpose of reviewing the request, the request is approved. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of transportation that the committee has scheduled a meeting for the purpose of reviewing the request, the department of administration may not revise or supplement any estimate specified in the request until it is approved by the committee, as submitted or as modified.

SB2, s. 85f Section 85f. 16.50 (6) of the statutes is amended to read:

SB2,9,19 16.50 (6) Proportional spending. If the secretary determines that expenditures of general purpose or segregated fund revenues are utilized to match revenues received under s. 16.54 or 20.001 (2) (b) for the purposes of combined program expenditure, the secretary may require that disbursements of the general purpose revenue and corresponding segregated revenue be in direct proportion to the amount of program revenue or corresponding segregated revenue which is available or appropriated in ch. 20 or as condition of a grant or contract. If Subject to sub. (1) (c), if the secretary makes such a determination, the agency shall incorporate the necessary adjustments into the expenditure plans provided for in sub. (1).

SB2, s. 100m Section 100m. 20.005 (3) (schedule) of the statutes, as it affects 20.395 and 20.865 (4) (u) of the statutes, is repealed and recreated to read: - See PDF for table

SB2, s. 1 Section 1. 20.395 (2) (cw) of the statutes is created to read:

SB2,24,4 20.395 (2) (cw) Harbor assistance, local funds. All moneys received from any local unit of government or other source for harbor assistance or harbor improvements under s. 85.095, for such purposes.

SB2, s. 2 Section 2. 20.395 (2) (ft) of the statutes is amended to read:

SB2,24,9 20.395 (2) (ft) Local roads improvement program; discretionary grants, state funds. As a continuing appropriation, the amounts in the schedule for the local roads improvement program under s. 86.31 (3g) to (3r), and for the payments required under 2007 Wisconsin Act .... (this act), section 9148 (1) and (14qq).

SB2, s. 307c Section 307c. 20.395 (2) (jq), (jv) and (jx) of the statutes are repealed.

SB2, s. 307e Section 307e. 20.395 (2) (nx) of the statutes is amended to read:

SB2,25,4 20.395 (2) (nx) Transportation enhancement activities, federal funds. All moneys received from the federal government for purposes of transportation enhancement activities under s. 85.026 and for grants under s. 85.024, for such purposes.

SB2, s. 307g Section 307g. 20.395 (2) (ov) of the statutes is created to read:

SB2,25,8 20.395 (2) (ov) Bicycle and pedestrian facilities, local funds. All moneys received from any local unit of government for purposes of the bicycle and pedestrian facilities program under s. 85.024, for such purposes.

SB2, s. 307i Section 307i. 20.395 (2) (ox) of the statutes is created to read:

SB2,25,12 20.395 (2) (ox) Bicycle and pedestrian facilities, federal funds. All moneys received from the federal government for purposes of the bicycle and pedestrian facilities program under s. 85.024, for such purposes.

SB2, s. 3 Section 3. 20.395 (2) (qv) of the statutes is created to read:

SB2,25,16 20.395 (2) (qv) Safe routes to school, local funds. All moneys received from any local unit of government for the safe routes to school program under s. 85.029, for such purpose.

SB2, s. 4 Section 4. 20.395 (2) (qx) of the statutes is created to read:

SB2,25,20 20.395 (2) (qx) Safe routes to school, federal funds. All moneys received from the federal government for the safe routes to school program under s. 85.029, for such purpose.

SB2, s. 309c Section 309c. 20.395 (3) (cq) of the statutes is amended to read:

SB2,26,16 20.395 (3) (cq) State highway rehabilitation, state funds. As a continuing appropriation, the amounts in the schedule for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements; for bridges under s. 84.10; for the bridge project under s. 84.115; for payment to a local unit of government for a jurisdictional transfer under s. 84.02 (8); for the disadvantaged business demonstration and training program under s. 84.076; for the transfers required under 1999 Wisconsin Act 9, section 9250 (1) and 2003 Wisconsin Act 33, section 9153 (4q); and for the purposes described under 1999 Wisconsin Act 9, section 9150 (8g), and 2001 Wisconsin Act 16, section 9152 (4e), and 2007 Wisconsin Act .... (this act), section 9148 (9i) (b) and (9x). This paragraph does not apply to any southeast Wisconsin freeway rehabilitation projects under s. 84.014, or to 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.

SB2, s. 5 Section 5. 20.395 (6) (au) of the statutes is amended to read: