Amendment ASA1-AB557

AB557-ASA1,77,3 (e) Notwithstanding pars. (a), (b) and (c), in the case of a vehicle or combination of vehicles transporting exclusively livestock, the gross weight imposed on the highway by the wheels of any one axle or axle group may exceed the applicable weight limitation specified in pars. (a), (b) and (c) by 15% if the gross weight of the vehicle or combination of vehicles does not exceed the maximum gross weight specified for that vehicle or combination of vehicles under par. (c). This paragraph does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB557-ASA1, s. 203 Section 203. 348.175 of the statutes is amended to read:

AB557-ASA1,77,25 348.175 Seasonal operation of vehicles hauling peeled or unpeeled forest products cut crosswise or abrasives or salt for highway winter maintenance. The transportation of peeled or unpeeled forest products cut crosswise or of abrasives or salt for highway winter maintenance in excess of gross weight limitations under s. 348.15 shall be permitted during the winter months when the highways are so frozen that no damage may result thereto by reason of such transportation. If at any time any person is so transporting such products or abrasives or salt upon a class "A" highway in such frozen condition then that person may likewise use a class "B" highway without other limitation, except that chains and other traction devices are prohibited on class "A" highways but such chains and devices may be used in cases of necessity. The officers or agencies in charge of maintenance of highways, upon determination of such frozen condition and freedom of damage to such highways by transportation shall declare particular highways, or highways within areas of the state as eligible for increased weight limitations. Such declaration shall include the maximum weight on each axle, combination of axles and the gross weight allowed. Any person transporting any such product over any highway of this state under this section is liable to the maintaining authority for any damage caused to such highway. This section does not apply to the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB557-ASA1, s. 204 Section 204. 348.19 (2) (b) and (4) of the statutes are amended to read:

AB557-ASA1,78,11 348.19 (2) (b) If upon weighing a vehicle transporting livestock a traffic officer determines that the gross weight of the vehicle exceeds the limitations imposed by s. 348.15 or 348.16 or a limitation posted as provided in s. 348.17 (1), and if the point of apprehension is 15 miles or less from the destination of the vehicle, the traffic officer shall permit the operator of the vehicle to proceed to such destination without requiring the vehicle to be reloaded or unloaded as provided in par. (a). This paragraph does not apply to vehicles transporting livestock on the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB557-ASA1,78,16 (4) Subsection (1) (b) shall not apply to vehicles transporting peeled or unpeeled forest products on the national, interstate or defense highway systems, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB557-ASA1, s. 205 Section 205. 348.27 (4), (9m) and (9r) of the statutes are amended to read:

AB557-ASA1,79,5 348.27 (4) Industrial interplant permits. The department may issue, to industries and to their agent motor carriers owning and operating oversize vehicles in connection with interplant, and from plant to state line, operations in this state, annual or consecutive month permits for the operation of such vehicles over designated routes, provided that such permit shall not be issued under this section to agent motor carriers or, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39, from plant to state line for vehicles or loads of width exceeding 102 inches upon routes of the national system of interstate and defense highways. If the routes desired to be used by the applicant involve city or village streets or county or town highways, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the highway in question.

AB557-ASA1,79,16 (9m) Transportation of raw forest and agricultural products. The department may issue annual or consecutive month permits for the transportation of raw forest products or for the transportation of fruits or vegetables from field to storage or processing facilities in vehicles or vehicle combinations that exceed the maximum gross weight limitations under s. 348.15 (3) (c) by not more than 10,000 pounds. A permit issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. This subsection does not apply to highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB557-ASA1,79,25 (9r) Transportation of scrap. The department may issue an annual or consecutive month permit for the transportation of metallic or nonmetallic scrap for the purpose of recycling or processing on a vehicle or combination of vehicles which exceeds statutory weight or length limitations and for the return of the vehicle or combination of vehicles when empty. This subsection does not apply to the transportation of scrap on highways designated as part of the national system of interstate and defense highways, except for that portion of USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage upon their federal designation as I 39.

AB557-ASA1, s. 205m Section 205m. 349.02 (3) of the statutes is created to read:

AB557-ASA1,80,4 349.02 (3) (a) In this subsection, "photo radar speed detection" means the detection of a vehicle's speed by use of a radar device combined with photographic identification of the vehicle.

AB557-ASA1,80,8 (b) Notwithstanding sub. (1), the state and local authorities may not use photo radar speed detection to determine compliance with any speed restriction imposed by s. 346.57, 346.58, 346.59, 346.595 or 349.11 or a local ordinance in conformity therewith.

AB557-ASA1, s. 206 Section 206. 967.055 (2) (a) of the statutes is amended to read:

AB557-ASA1,81,2 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance or both, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB557-ASA1, s. 9137 Section 9137. Nonstatutory provisions; legislature.

AB557-ASA1,81,9 (1gx) S tudies of the department of transportation. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a performance evaluation audit of the department of transportation. If the committee directs the legislative audit bureau to perform an audit, the committee shall determine the scope of the audit and the bureau shall file its report as described under section 13.94 (1) (b) of the statutes by September 1, 1996.

AB557-ASA1, s. 9146 Section 9146. Nonstatutory provisions; public service commission.

AB557-ASA1,81,16 (1) Fencing, farm crossing and cattle guard costs. The commissioner of railroads and the chairperson of the public service commission shall jointly develop a plan for phasing in state reimbursement of 100% of the costs incurred by railroads for fencing, farm crossings and cattleguards, and shall submit a report containing their findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by January 1, 1996.

AB557-ASA1, s. 9155 Section 9155. Nonstatutory provisions; transportation.

AB557-ASA1,81,18 (1) Cost-efficiency standards.

AB557-ASA1,81,23 (a) In promulgating rules under section 85.20 (7) (b) of the statutes, as created by this act, the department of transportation shall establish a transit committee to assist the department in developing the cost-efficiency standards for the purposes of section 85.20 (7) (a) of the statutes, as created by this act. The transit committee shall advise the department on implementation of the cost-efficiency standards.

AB557-ASA1,81,24 (b) This subsection does not apply after June 30, 1997.

AB557-ASA1,82,8 (2) Entitlement to supplements for unbudgeted compensation adjustments. Notwithstanding section 20.928 of the statutes, the department of transportation is not entitled to any supplements for unbudgeted compensation adjustments under section 20.928 of the statutes for the 1995-97 fiscal biennium for any position funded from the appropriations under section 20.395 (2) (eq) of the statutes or section 20.395 (3) (bq), (cq) or (eq) of the statutes, as affected by this act, except for any supplement that exceeds an adjustment increase for that position of 2.5%, as determined by the secretary of administration.

AB557-ASA1,82,17 (3) Efficiency measures. By December 1, 1995, the department of transportation shall submit recommendations to the joint committee on finance if the department wishes to reallocate reductions resulting from budgetary efficiency measures and position vacancy reductions among the segregated fund revenue appropriations of the department of transportation for state operations. If the department submits recommendations under this subsection, the recommendations shall be implemented if the committee approves the recommendations, or does not schedule a meeting for the purpose of reviewing the recommendations within 14 working days after their receipt.

AB557-ASA1,82,25 (3x)  State trunk highway designation. The department of transportation shall negotiate the jurisdictional transfer of CTH "X" in Winnebago County from the county to the state. Upon completion of the transfer under this subsection, the department shall, notwithstanding section 84.02 of the statutes, mark as a new state trunk highway the route commencing at the junction of STH 44 and USH 41 in Winnebago County and proceeding southerly on STH 44 to its junction with CTH "X"; then proceeding westerly on CTH "X" to its junction with STH 116; and then proceeding westerly on STH 116 to the city of Berlin in Green Lake County.

AB557-ASA1,83,1 (3y)  Transportation financing study.

AB557-ASA1,83,3 (a) The department of transportation shall create a committee to study transportation financing. The committee shall consist of the following members:

AB557-ASA1,83,4 1.  One member of the assembly, appointed by the speaker of the assembly.

AB557-ASA1,83,5 2.  One member of the senate, appointed by the majority leader of the senate.

AB557-ASA1,83,6 3.  One member of the assembly, appointed by the assembly minority leader.

AB557-ASA1,83,7 4.  One member of the senate, appointed by the senate minority leader.

AB557-ASA1,83,8 5.  Three members appointed by the secretary of transportation.

AB557-ASA1,83,15 (b)  The committee shall study revenue sources for transportation funding, including an oil company franchise fee or substantially similar tax, fee or surcharge accomplishing the same objective, and all other funding sources for transportation used by other states, and shall submit a report containing its findings, conclusions, and recommendations for appropriate transportation funding sources for this state, to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor no later than July 1, 1996.

AB557-ASA1,83,19 (4) Agency request. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1997-99 biennial budget bill, the department of transportation shall include the following:

AB557-ASA1,83,25 (a) A dollar amount for each fiscal year of the 1997-99 fiscal biennium for the appropriation account under section 20.395 (5) (cq) of the statutes that is $430,600 less than the total amount appropriated under section 20.395 (5) (cq) of the statutes for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1997-99 fiscal biennium.

AB557-ASA1,84,6 (b) A number for the authorized FTE positions for the department of transportation, to be funded from the appropriation under section 20.395 (5) (cq) of the statutes, that is 24.2 SEG positions less than the number of authorized FTE positions funded from that appropriation for the 1996-97 fiscal year, before submitting any information relating to any increase or decrease in FTE position authorizations to be funded from that appropriation for the 1997-99 fiscal biennium.

AB557-ASA1,84,9 (c)  Recommendations for statutory changes that would provide for the separation of vehicle ownership from vehicle registration, to be effective with the completion of the redesign of the vehicle registration database.

AB557-ASA1,84,17 (5) Elderly and disabled transportation expenditures study. The department of transportation shall conduct a study to determine the total amount and sources of all funds expended in this state on transportation services for the elderly and disabled. On or before July 1, 1996, the department of transportation shall report the results of its study to the governor, and to the chief clerk of each house of the legislature for distribution in the manner provided under section 13.172 (2) of the statutes. All other state agencies shall cooperate with the department of transportation in conducting the study.

AB557-ASA1,84,22 (6)  Repaving of I 43. The department of transportation shall repave that portion of I 43 having a tined surface beginning before Henry Clay Street and extending beyond Bender and Devon streets in Milwaukee County, no later than one year after the effective date of this subsection, for the purpose of eliminating the tined surface.

AB557-ASA1,85,2 (6x)  East-West Freeway. The department of transportation may not encumber more than $51,300,000 in the 1995-97 fiscal biennium from the appropriation under section 20.395 (3) (cq), (cv) or (cx) of the statutes, as affected by this act, for any construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha.

AB557-ASA1,85,12 (6y)  Outdoor advertising displacement compensation. The department of transportation shall, with the cooperation of the Outdoor Advertising Association and any other interested person, develop a fixed payment schedule of amounts to reimburse a person, at that person's election and in lieu of any payments under section ILHR 202.64, Wisconsin Administrative Code, who is displaced from an outdoor advertising sign by a transportation project and who is eligible for payment under section ILHR 202.64, Wisconsin Administrative Code, for expenses related to the displacement. The department shall submit the payment schedule to the cochairpersons of the joint committee on finance no later than January 1, 1996, for the approval of the joint committee on finance.

AB557-ASA1,85,18 (7)  Calculation of rate. The department of transportation shall determine the rate for calculating the amount due under section 341.45 (1g) (a) of the statutes, as affected by this act, for the 4th quarter of 1995 by adding the rates for the taxes under chapter 78 of the statutes and the fee under section 168.12 of the statutes for each of the months in the quarter, by adding the 3 total rates and by dividing that total by 3.

AB557-ASA1,85,22 (8x) Surplus land sale. The department of transportation shall sell sufficient surplus land, as defined in section 84.09 (8) (a) of the statutes, during the 1995-97 fiscal biennium to deposit not less than $4,500,000 in the transportation fund from such sales.

AB557-ASA1,86,3 (8y) Main Street bridge. The department of transportation shall request the federal department of transportation to make an advance commitment of future federal funds to this state for the replacement of the Main Street bridge in the city of Green Bay and to specify the amount of those funds. The department of transportation shall contract, as soon as practicable after receiving a favorable response to that request, for the replacement of that bridge.

AB557-ASA1,86,9 (9x)  The authorized FTE positions for the department of transportation for the division of highways and transportation services are decreased by 18.0 SEG positions and by 22.0 FED positions. In deauthorizing positions under this subsection, the department shall deauthorize positions vacant on the effective date of this subsection that are directly related to highway design and production functions within the division of highways and transportation services.

AB557-ASA1, s. 9159 Section 9159. Nonstatutory provisions; other.

AB557-ASA1,86,14 (1) Revising schedules and summaries. In submitting and approving the schedule under section 20.005 (3) of the statutes, pursuant to section 20.004 (2) of the statutes, the secretary of administration and the joint committee on finance shall do all of the following:

AB557-ASA1,86,17 (a) Increase the estimated expenditures under sections 20.370 (5) (cs) and 20.855 (4) (t) of the statutes by $269,400 for fiscal year 1996-97, to reflect the creation of sections 78.017 and 78.407 of the statutes by this act.

AB557-ASA1,86,20 (b) Increase the estimated expenditures under sections 20.370 (5) (ct) and 20.855 (4) (u) of the statutes by $48,300 for fiscal year 1996-97, to reflect the creation of sections 78.017 and 78.407 of the statutes by this act.

AB557-ASA1,86,23 (c) Increase the estimated expenditures under section 20.855 (4) (s) of the statutes by $1,093,400 for fiscal year 1996-97, to reflect the creation of sections 78.017 and 78.407 of the statutes by this act.

AB557-ASA1, s. 9242 Section 9242. Appropriation changes; natural resources.

AB557-ASA1,87,5 (1) Statewide public safety radio management program. There is transferred from the appropriation account to the department of natural resources under section 20.370 (9) (mr) of the statutes, as affected by the acts of 1995, to the appropriation account to the department of transportation under section 20.395 (5) (dk) of the statutes, as affected by the acts of 1995, $52,100 in fiscal year 1996-97.

AB557-ASA1, s. 9255 Section 9255. Appropriation changes; transportation.

AB557-ASA1,87,7 (1) Statewide public safety radio management program.

AB557-ASA1,87,12 (a) There is transferred from the appropriation account to the department of transportation under section 20.395 (5) (dq) of the statutes, as affected by the acts of 1995, to the appropriation account to the department of transportation under section 20.395 (5) (dk) of the statutes, as affected by the acts of 1995, $35,500 in fiscal year 1996-97.

AB557-ASA1,87,17 (b) There is transferred from the appropriation account to the department of transportation under section 20.395 (3) (cq) of the statutes, as affected by the acts of 1995, to the appropriation account to the department of transportation under section 20.395 (5) (dk) of the statutes, as affected by the acts of 1995, $16,600 in fiscal year 1996-97.

AB557-ASA1,87,21 (2) Hazardous materials transportation fees. Notwithstanding section 20.001 (3) (b) of the statutes, the unencumbered balance in the appropriation account under section 20.395 (4) (bh) of the statutes, as affected by this act, immediately before the effective date of this subsection shall lapse to the transportation fund.

AB557-ASA1, s. 9348 Section 9348. Initial applicability; revenue.

AB557-ASA1,88,2 (1) Motor vehicle fuel exemptions. The treatment of sections 78.005 (13g), 78.01 (2) (e) and (2m) (f) and 78.75 (1m) (a) 2. and 3. of the statutes and the repeal and recreation of section 78.40 (1) of the statutes first apply to fuel purchased on the first day of the first month beginning after publication.

AB557-ASA1,88,4 (2) Gross farm profits certification. The treatment of section 73.03 (29m) of the statutes first applies to taxable years beginning on January 1, 1996.

AB557-ASA1, s. 9355 Section 9355. Initial applicability; transportation.

AB557-ASA1,88,8 (1)  Traffic accidents and property damage.  The treatment of sections 344.12, 344.14 (2) (e) and 346.70 (1) of the statutes first applies to accidents occurring on the effective date of this subsection.

AB557-ASA1,88,17 (2) Commercial driver licenses. The treatment of sections 343.10 (2) (a) 1., 343.245 (4) (b), 343.28 (1) and (2), 343.315 (2) (f) (intro.), (fm), (h) and (i) and 343.44 (4r) of the statutes first applies to offenses and refusals committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, revocations, disqualifications or refusals as prior convictions, suspensions, revocations, disqualifications or refusals for purposes of sentencing a person, suspending or revoking a person's operating privilege, disqualifying a person from operating a commercial motor vehicle or determining eligibility for an occupational license or authorization to operate certain vehicles.

AB557-ASA1,88,20 (4) Hazardous materials transportation fees. The treatment of sections 85.50 and 166.20 (7g) of the statutes first applies to activities engaged within or through this state on July 1, 1994.

AB557-ASA1,88,23 (8x) Renewal fee for personalized plates. The treatment of sections 25.40 (1) (a) 13. and 341.145 (3m) of the statutes first applies to fees collected after the effective date of this subsection.

AB557-ASA1, s. 9400 Section 9400. Effective dates; general. Except as otherwise provided in Sections 9401 to 9459 of this act, this act takes effect on the day after publication.

AB557-ASA1, s. 9430 Section 9430. Effective dates; industry, labor and human relations.

AB557-ASA1,89,4 (1)  Employment transit assistance program. The treatment of section 25.40 (2) (b) 15g. of the statutes and the renumbering and amendment of section 20.395 (1) (bw) of the statutes take effect on July 1, 1996.

AB557-ASA1, s. 9455 Section 9455. Effective dates; transportation.

AB557-ASA1,89,7 (1x)  Border area rebates. The treatment of sections 20.855 (4) (r), 25.40 (2) (b) 23m. and 73.03 (53) of the statutes takes effect on July 1, 1997.

AB557-ASA1,89,9 (2)  Auto dealer licenses. The repeal and recreation of section 218.01 (2) (bd) 1g. and (3x) (b) 2. and 3. of the statutes takes effect on July 1, 1996.

AB557-ASA1,89,12 (3) Traffic accidents and property damage. The treatment of sections 344.12, 344.14 (2) (e) and 346.70 (1) of the statutes and Section 9355 (1) of this act take effect on January 1, 1996.

AB557-ASA1,89,14 (4) Special group license plate fees. The treatment of section 341.14 (6r) (b) 2., 3. and 4. of the statutes takes effect on January 1, 1996.

AB557-ASA1,89,16 (5) Exemption reports. The treatment of section 70.337 (7) of the statutes takes effect on March 31, 1996.

AB557-ASA1,89,19 (6) International fuel tax agreement; permits; fees. The treatment of sections 20.395 (5) (cq), 25.40 (1) (a) 12., 341.43 and 341.45 (title), (1g) (a) and (b), (2), (3), (4m) and (5) of the statutes takes effect on December 1, 1995.

AB557-ASA1,89,23 (7) Aircraft registration. (a) The treatment of sections 114.002 (4), (11) and (13) and 114.20 (1) (title), (a) and (b), (2) (intro.) and (c), (5), (7), (9) (a) to (c) and (d), (9m) (intro.), (12), (13) (b) 1., 2., 3. and 5. and (15) (b) of the statutes takes effect on November 1, 1996.

AB557-ASA1,90,3 (9) Farm truck registration. The treatment of sections 341.08 (2) (am) and (cm), (4) and (8), 341.26 (3) (a) 1. and 341.297 (2) of the statutes and the creation of section 341.297 (2) (b) of the statutes take effect on January 1, 1997.

AB557-ASA1,90,6 (10) Motor vehicle fuel tax. The treatment of sections 78.12 (2) (intro.) and (5) (a) and 78.49 (1) (a) and (b) of the statutes and the repeal and recreation of section 78.40 (1) of the statutes take effect on December 1, 1995.

AB557-ASA1,90,7 (End)