AB40: Bill Text

The bill also creates a category of highway projects called "southeast Wisconsin freeway megaprojects," which are projects on southeast Wisconsin freeways that have a total cost of more than $500,000,000 as adjusted for inflation annually by DOT. These projects may be funded only from newly created state, federal, and local funds appropriations for these projects, along with bond proceeds and an existing insurance cost-recovery appropriation. No funding for construction of these projects may be provided without legislative approval by statutory enumeration. The bill enumerates the I 94 north-south corridor project and the Zoo interchange project as southeast Wisconsin freeway megaprojects. The bill also authorizes proceeds from certain general obligation bonding to be used to fund southeast Wisconsin freeway megaprojects.

Under this bill, southeast Wisconsin freeway rehabilitation projects may also be considered major highway projects, eligible for major highway project funding, if they satisfy all criteria and requirements for major highway projects. A southeast Wisconsin freeway rehabilitation project that is not a major highway project and not a southeast Wisconsin freeway megaproject may be eligible for state highway rehabilitation funding.

Under current law, the state may contract up to $553,550,000 in public debt, in the form of general obligation bonds, for DOT's funding of the Marquette interchange reconstruction project and the I 94 north-south corridor reconstruction project. This bill increases to $704,750,000 the limit for this authorized general obligation bonding and allows proceeds from this bonding to also be used to fund the reconstruction of the Zoo interchange.

Under current law, the state may contract up to $504,712,200 in public debt to fund state highway rehabilitation projects. This bill increases this authorized general obligation bonding limit by $115,351,500.

Under current law, the state may contract up to $60,000,000 in public debt to fund state highway rehabilitation projects. This bill increases this authorized general obligation bonding limit to $110,000,000.

Under current law, the state may contract up to $50,000,000 in public debt to fund major highway projects. This bill increases this authorized general obligation bonding limit to $100,000,000.

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 $3,009,784,200. This bill increases the revenue bond limit to $3,351,547,300.

This bill adds four major highway projects recommended by TPC to the current list of projects already approved for construction.

Under current law, the state may contract up to $225,000,000 in public debt to fund major interstate bridge projects, but only if the state receives federal funds that cover at least $75,000,000 of the state's share of the project's cost. This bill eliminates the federal funds precondition.

Drivers and motor vehicles

Under 2007 Wisconsin Act 20, certain provisions specified in the federal REAL ID Act of 2005 are incorporated into state law when DOT provides notice that it is ready to implement the federal REAL ID Act. Among these provisions is the requirement that DOT follow certain procedures in processing applications for driver's licenses and identification cards and that each driver's license and identification card include a photograph. Although the REAL ID Act allows states to issue operator's licenses and identification cards that are not compliant with REAL ID standards under certain circumstances, this provision was not incorporated into state law.

This bill allows DOT, upon the implementation of the REAL ID Act in Wisconsin, to process applications for driver's licenses and identification cards in a manner other than that required by REAL ID if the driver's licenses and identification cards are marked to indicate that they are not REAL ID compliant and DOT processes the applications in compliance with DOT practices and procedures applicable immediately prior to implementation of REAL ID. An applicant for a REAL ID noncompliant driver's license or identification card will still be required to provide certain documentation to DOT, but in processing an application for a REAL ID noncompliant driver's license or identification card, DOT is not required to meet the standards for document retention and verification that are imposed for REAL ID compliant products.

Current law provides for limited exceptions, including a religious belief exception, allowing DOT to issue a driver's license, but not an identification card, that does not contain a photograph of the license holder. After the implementation of REAL ID, however, all REAL ID compliant driver's licenses and identification cards must contain a photograph. This bill creates a new religious belief photograph exception for identification cards, until the implementation of the REAL ID Act, and creates, after the implementation of REAL ID, a religious belief photograph exception for REAL ID noncompliant driver's licenses and identification cards.

Under current law, DOT issues and delivers a certificate of title to the owner of a vehicle upon receipt of a proper application. If there is a security interest in the vehicle, the security interest is noted on the certificate of title.

Under this bill, if there is a security interest in a vehicle, DOT issues the certificate of title in the name of the vehicle owner but delivers the certificate of title to the secured party having the primary perfected security interest in the vehicle, not to the vehicle owner.

Under current law, DOT must refuse, or suspend, registration of a vehicle for certain specified reasons and requires DOT, subject to certain conditions, to implement the International Registration Plan (IRP), which is a registration reciprocity agreement among various jurisdictions, including states and Canadian provinces, providing for apportionment by these jurisdictions of the vehicle registration fees of motor carriers operating in more than one jurisdiction.

This bill requires DOT to refuse registration of a vehicle if the applicant applies for IRP registration and identifies as the motor carrier responsible for vehicle safety a motor carrier that is subject to a federal out-of-service order, or other federal notice, for unsatisfactory safety compliance. If DOT receives notice that a motor carrier has been issued a federal out-of-service order for unsatisfactory safety compliance, DOT must suspend the registration of each motor vehicle that is already registered with DOT under the IRP for which this motor carrier is identified on the vehicle's registration application as the motor carrier responsible for vehicle safety.

Current law prohibits a person from operating a commercial motor vehicle (CMV) while the person or the CMV is ordered out-of-service under state or federal law, and a person is disqualified from operating a CMV for a specified time if the person is convicted of operating a CMV while the operator or vehicle is ordered out-of-service under state or federal law.

This bill additionally prohibits a person from operating a CMV while a federal out-of-service order for unsatisfactory safety compliance is in effect for the motor carrier identified on the motor vehicle's registration application as the motor carrier responsible for vehicle safety.

Under current law, all vehicle registration plates must display an indication of the vehicle's registration period or expiration date, and most automobile registration plates must display an indication of the month and year of registration. When renewing a vehicle registration, DOT may issue an insert tag, decal, or other evidence of registration, to be placed on the vehicle's registration plate, to indicate the vehicle's period of registration. In addition, under current law, the registration plates for most vehicles registered on the basis of gross weight must indicate the weight class into which the vehicle falls.

This bill eliminates each of these requirements. The gross weight of a vehicle registered on that basis must be shown on the vehicle's certificate of registration. This bill allows DOT to renew registration plates issued to vehicle dealers, distributors, manufacturers, or transporters, or to finance companies or financial institutions without issuing new plates, tags, or decals.

Under current law, DOT issues commercial driver licenses (CDLs) authorizing the licensee to operate CMVs in interstate or intrastate commerce. An applicant must include certification that he or she meets certain driver qualification requirements. If an applicant for a CDL does not meet the physical qualification requirements for CMV drivers operating in interstate commerce but is otherwise qualified to operate a CMV, DOT may issue to the applicant a CDL restricted to authorizing the operation of CMVs that are not in interstate commerce.

Under this bill, if a person issued a CDL authorizing operation of CMVs in interstate commerce does not have on file with DOT a current certification covering the person's physical qualifications to operate CMVs in interstate commerce, DOT may downgrade the CDL to a restricted CDL and impose a "K" restriction on the CDL restricting the licensee from operating CMVs in interstate commerce.

Under current law, an identification card issued by DOT must include a photograph of the cardholder, and DOT may not process an application without taking a photograph. An identification card is valid for eight years, after which it may be renewed.

This bill authorizes DOT to renew identification cards by mail or by any electronic means available to DOT. However, DOT cannot make consecutive renewals by mail or electronic means, so only every other renewal can be completed by mail or electronic means. If DOT renews an identification card by mail or electronic means, DOT is not required to take a new photograph for the identification card.

Under current law, a person must pay to DOT a fee of $53 for a first certificate of title for a vehicle or for a certificate of title after a vehicle is transferred. In addition, the person must pay an environmental impact fee of $9 unless the vehicle is a low-speed vehicle. DOT deposits the environmental impact fee in the environmental fund for environmental management.

This bill repeals the environmental impact fee of $9 and increases the certificate of title fee by $9, to $62. The certificate of title fee is first available for the repayment of revenue bonds and, if not needed, is then deposited into the transportation fund.

Transportation aids

Under current law, DOT administers a general transportation aids program that makes 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 or an aid rate per mile. This bill decreases, for 2012 and thereafter, the maximum amount of aid that may be paid to counties and municipalities under the program.

Also under current law, aid amounts payable to municipalities may not be reduced by more than 5 percent annually, and aid amounts payable to counties may not be reduced by more than 2 percent annually. This bill provides that aid amounts payable to municipalities and counties may not be reduced by more than 15 percent annually.

Under current law, DOT provides state aid payments 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. A fifth class for rail mass transit systems does not have a specified amount payable. This bill decreases the total amount of state aid payments to the four classes of mass transit systems for which aid amounts are specified and changes the funding source for mass transit operating aids from the transportation fund to the general fund beginning in the 2012-2013 fiscal year.

Under current law, DOT administers the Southeast Wisconsin Transit Capital Assistance Program under which DOT awards grants to eligible applicants for transit capital improvements. The only eligible applicant for this program is the Southeastern Regional Transit Authority, often referred to as SERTA. The only source of funding for the program is proceeds from state general obligation bonds. This bill eliminates the program and bonding authority for the program.

Under current law, DOT administers an intercity bus assistance program to award grants to cities, villages, towns, or counties or enter into contracts with private providers of intercity bus service for the purpose of increasing the availability of intercity bus service in this state. This bill eliminates the grant portion of the program.

Rail and air transportation

This bill increases the authorized general obligation bonding limit for the acquisition and improvement of rail property from $126,500,000 to $186,500,000.

Other transportation

The 2009 biennial budget act (Act 28) authorized the creation of several new regional transit authorities (RTAs): the Dane County RTA, the Chippewa Valley RTA, and the Chequamegon Bay RTA. Each RTA, once created, is a public body corporate and politic and a separate governmental entity. The board of directors of an RTA may, upon adopting a resolution, impose a sales and use tax in the RTA's jurisdictional area at a rate not exceeding 0.5 percent of the gross receipts or sales price if certain conditions are satisfied.

This bill requires that an RTA hold a referendum in the RTA's jurisdictional area before the RTA may impose a sales and use tax within its jurisdictional area.

Upon approval by its board of directors, SERTA may impose a rental car transaction fee in the counties of Kenosha, Racine, and Milwaukee.

This bill requires that SERTA hold a referendum in the counties of Kenosha, Racine, and Milwaukee before SERTA may impose the rental car transaction fee in these counties.

Under current law, DOT may accept payment by credit card, debit card, or any other electronic payment mechanism of certain fees, which generally derive from transactions related to motor vehicles or motor vehicle operators. DOT may charge a convenience fee for each transaction in which payment is made in this way.

This bill allows DOT to accept payment of any fee by credit card, debit card, or any other electronic payment mechanism, and to charge a convenience fee whenever payment is made in this way. DOT may promulgate rules requiring a person to pay an additional fee for conducting an in-person, telephone, or paper transaction in lieu of using an electronic filing or submission option when DOT has made an electronic filing or submission option available.

This bill increases the authorized general obligation bonding limit for harbor improvement grants from $66,100,000 to $78,800,000.

Veterans and military affairs

Currently, DVA operates two veterans homes in the state, one at King and the other at Union Grove. Operation of veterans homes includes hiring personnel and providing services to the residents of the home. A third home, that has not yet been opened, is to be located in Chippewa Falls. For this third home, in lieu of DVA operating the home, DVA may contract with a private entity to operate the home. The bill also specifically requires the Legislative Audit Bureau, at the request of the governor or the legislature, to conduct one or more financial audits of the operation of the Chippewa Falls home by a private entity.

Because this bill directly or substantially affects the development, construction, cost or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

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

AB40, s. 1 Section 1. 11.26 (9) (a) and (b) of the statutes are amended to read:

AB40,44,7 11.26 (9) (a) Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 65 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office for which he or she is a candidate during any primary and election campaign combined from all committees subject to a filing requirement, including political party and legislative campaign committees.

AB40,45,3 (b) Except as provided in par. (ba), no individual who is a candidate for state or local office may receive and accept more than 45 percent of the value of the total disbursement level determined under s. 11.31 or 11.511 (7) (a) for the office for which he or she is a candidate during any primary and election campaign combined from all committees other than political party and legislative campaign committees subject to a filing requirement.

AB40, s. 2 Section 2. 11.506 (1) of the statutes is amended to read:

AB40,45,15 11.506 (1) An eligible candidate shall not accept private contributions other than seed money contributions and qualifying contributions that the candidate accepts during the exploratory period and the public financing qualifying period during the primary election campaign period in an aggregate amount exceeding the difference, if any, between the maximum amount of the public financing benefit for the primary election campaign period and the actual amount of the public financing benefit for that period paid to the eligible candidate. An eligible candidate shall not accept private contributions during the election campaign period in an aggregate amount exceeding the difference, if any, between the maximum amount of the public financing benefit for the election campaign period and the actual amount of the public financing benefit for that period paid to the eligible candidate.

AB40, s. 3 Section 3. 11.51 (title) of the statutes is amended to read:

AB40,45,17 11.51 (title) Certification Certifications by candidate and board.

AB40, s. 4 Section 4. 11.51 (1m) of the statutes is created to read:

AB40,46,13 11.51 (1m) Upon determination of the number of eligible candidates who qualify for a public financing benefit for the primary election campaign period, the board shall determine the amounts of the public financing benefits that are payable to all eligible candidates in the primary election campaign period and the election campaign period by reserving a public financing benefit amount from the democracy trust fund for the election campaign period for 2 eligible candidates, if 2 or more candidates qualify to receive a public financing benefit for the primary election campaign period, or for one eligible candidate, if only one candidate qualifies to receive a public financing benefit for the primary election campaign period and, if there are insufficient moneys in the democracy trust fund to make full payment of all public financing benefits that are or may become payable for the primary and election campaign periods, by prorating the amounts of the public financing benefits to fully allocate all available moneys to the eligible candidates. If, on the day that the board makes its certification under sub. (3), there are additional moneys in the democracy trust fund that have become available for distribution to eligible candidates in the election campaign period, the board shall distribute the additional moneys in equal amounts to each eligible candidate at the spring election or, if there is only one eligible candidate, to that candidate alone, up to the maximum amount of the public financing benefit for the spring election, as provided in s. 11.511 (3) and (6).

AB40, s. 5 Section 5. 11.51 (2) of the statutes is amended to read:

AB40,46,22 11.51 (2) The board shall certify to the state treasurer the name of each eligible candidate at the spring primary together with the amount of the public financing benefit payable to the candidate promptly after the candidate demonstrates his or her eligibility and, in any event, not later than 5 days after the end of the public financing qualifying period. The state treasurer Upon certification of an eligible candidate, the board shall immediately credit that candidate's account with a line of credit for the amount certified. No candidate may utilize a line of credit received under this subsection until the beginning of the primary election campaign period.

AB40, s. 6 Section 6. 11.51 (3) of the statutes is amended to read:

AB40,47,7 11.51 (3) The board shall certify to the state treasurer the name of each eligible candidate at the spring election together with the amount of the public financing benefit payable to the candidate not later than 48 hours after the date of the spring primary election for the office of justice, or the date that the primary election would be held if a primary were required. The state treasurer Upon certification of an eligible candidate, the board shall immediately credit that candidate's account with a line of credit for the amount certified. However, no candidate for a particular office shall receive a line of credit until all candidates for the office of justice who apply and qualify for a public financing benefit have been certified as eligible candidates.

AB40, s. 7 Section 7. 11.511 (1) of the statutes is amended to read:

AB40,47,18 11.511 (1) The state treasurer board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate lines of credit for the public financing benefits payable to the candidate for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.512 (2) or 11.513 (2). An eligible candidate may use this public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate shall not use this public financing benefit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

AB40, s. 8 Section 8 . 11.511 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,48,5 11.511 (1) The board shall provide to each eligible candidate who qualifies to receive a public financing benefit for the primary or election campaign period separate lines of credit for the public financing benefits payable to the candidate for the primary and election campaign periods in the amounts specified in this section, subject to any required adjustment under s. 11.512 (2) or 11.513 (2). An eligible candidate may use this public financing benefit to finance any lawful disbursements during the primary and election campaign periods to further the election of the candidate in that primary or election. An eligible candidate shall not use this public financing benefit to repay any loan, or in violation of ss. 11.502 to 11.522 or any other applicable law.

AB40, s. 9 Section 9. 11.511 (2) of the statutes is amended to read:

AB40,48,9 11.511 (2) Except as provided in ss. 11.512 (2) and 11.513 (2), the The maximum public financing benefit for a primary election campaign period is $100,000, subject to adjustment under s. 11.51 (1m).

AB40, s. 10 Section 10. 11.511 (3) of the statutes is amended to read:

AB40,48,13 11.511 (3) Except as provided in ss. 11.512 (2) and 11.513 (2), the The maximum public financing benefit for an election campaign period is $300,000 , subject to adjustment under s. 11.51 (1m).

AB40, s. 11 Section 11. 11.511 (6) of the statutes is amended to read:

AB40,48,19 11.511 (6) Notwithstanding subs. (2) and (3), beginning on July 1, 2012, and every 2 years thereafter, the board shall modify the maximum public financing benefits provided for in subs. (2) and (3) to adjust for the change in the consumer price index, all items, U.S. city average, published by the U.S. department of labor for the preceding 2-year period ending on December 31.

AB40, s. 12 Section 12. 11.511 (7) (a) of the statutes is renumbered 11.511 (7) and amended to read:

AB40,49,4 11.511 (7) Except as provided in par. (b), no No candidate for the office of justice who files an application for a public financing benefit and certification under s. 11.51 (1) and who accepts a public financing benefit may make or authorize total disbursements in a campaign, beginning with the first day of the exploratory period and ending on the date of the spring election, to the extent of more than the maximum amounts specified in ss. 11.502 (2) and 11.508 (1), plus the amount specified in s. 11.511 (3), as adjusted under s. 11.511 (6), and, if there is a primary for the office of justice, the amount specified in s. 11.511 (2), as adjusted under s. 11.511 (6).

AB40, s. 13 Section 13. 11.511 (7) (b) of the statutes is repealed.

AB40, s. 14 Section 14. 11.512 of the statutes is repealed.

AB40, s. 15 Section 15. 11.513 of the statutes is repealed.

AB40, s. 16 Section 16. 11.515 of the statutes is amended to read:

AB40,49,12 11.515 Democracy trust fund. The democracy trust fund shall be administered by the state treasurer government accountability board. The state treasurer board shall establish an account within the fund for each eligible candidate.

AB40, s. 17 Section 17. 11.517 (1) of the statutes is amended to read:

AB40,49,20 11.517 (1) Notwithstanding s. 11.60 (1), if an eligible candidate makes disbursements that exceed the total amount of the public financing benefit allocated to the candidate for any campaign and, the total qualifying and seed money contributions lawfully accepted by the candidate, and the total private contributions that the candidate may accept under s. 11.506 (1), the candidate may be required to forfeit not more than 10 times the amount by which the disbursements exceed the allocation that total.

AB40, s. 18 Section 18. 11.522 of the statutes is amended to read:

AB40,50,2 11.522 Contributions to nonparticipating candidates. A nonparticipating candidate may accept contributions from private sources without limitation, except that no person may make any contribution or contributions to a nonparticipating candidate exceeding a total of $1,000 during any campaign, subject to applicable limitations under s. 11.26.

AB40, s. 19 Section 19. 13.099 (1) (a) of the statutes is amended to read:

AB40,50,5 13.099 (1) (a) "Department" " Authority" means the department of commerce Wisconsin Housing and Economic Development Authority.

AB40, s. 20 Section 20. 13.099 (1) (b) of the statutes is amended to read:

AB40,50,8 13.099 (1) (b) "State housing strategy plan" means the plan developed under s. 560.9802 234.5602.

AB40, s. 21 Section 21. 13.099 (2) (a) of the statutes is amended to read: