LRBs0275/1
TNF/PEN/JS:kg/sg:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
To 1995 ASSEMBLY BILL 557
October 11, 1995 - Offered by Representatives Foti and Brancel.
AB557-ASA2,3,19 1An Act to repeal 20.395 (1) (bq), 20.395 (1) (bu), 20.395 (2) (bt), 85.20 (4m) (am),
285.20 (4m) (e), 86.30 (2) (a) 3. c., 114.002 (4), 114.002 (13), 114.20 (2) (c), 114.20
3(7), 114.20 (13) (b) 3., 343.03 (1) (c), 343.03 (8) and 343.265 (1) (a) and (b); to
4renumber
85.085 (1) and 343.14 (3); to renumber and amend 20.395 (1) (bw),
585.20 (4m) (a), 114.20 (9) (a) to (c), 343.05 (4) (a) 3. and 343.265 (1) (intro.); to
6amend
20.395 (2) (bu), 20.395 (3) (bq), 20.395 (3) (bv), 20.395 (3) (bx), 20.395
7(3) (cq), 20.395 (3) (cv), 20.395 (3) (cx), 20.395 (3) (eq), 20.395 (3) (ev), 20.395 (3)
8(ex), 20.395 (5) (cq), 20.395 (5) (dk), 20.866 (2) (uv), 20.866 (2) (uw), 70.337 (7),
978.01 (2) (e), 78.01 (2m) (f), 78.40 (1), 78.75 (1m) (a) 2., 78.75 (1m) (a) 3., 84.013
10(3) (ye), 84.076 (5), 84.59 (6), 85.06 (2) (b), 85.061 (3), 85.08 (4m) (e) 1., 85.085
11(3), 85.20 (4m) (em) 1., 85.20 (4s), 86.30 (2) (a) 3. d., 86.30 (9), 86.315 (1), 110.08
12(2), 114.002 (11), 114.20 (1) (title), 114.20 (1) (a), 114.20 (1) (b), 114.20 (2) (intro.),
13114.20 (5), 114.20 (9) (d), 114.20 (12), 114.20 (13) (b) 1., 114.20 (13) (b) 2., 114.20
14(13) (b) 5., 114.20 (15) (b), 121.555 (2) (c) 1., 218.01 (2) (bd) 1g., 218.01 (2) (bd)
151r., 218.01 (2c) (c), 218.01 (3) (a) 24., 218.01 (3x) (b) 2., 218.01 (3x) (b) 3., 218.01
16(3x) (c) 1. (intro.), 218.01 (3x) (c) 2., 218.01 (7m) (a), 218.01 (7m) (c), 340.01 (7m),

1340.01 (7r), 341.43, 341.45 (title), 341.45 (1g) (a), 341.45 (1g) (b), 341.45 (2),
2341.45 (3), 341.45 (5), 343.02 (1), 343.03 (1) (a), 343.03 (1) (b), 343.03 (5), 343.05
3(2) (a) 2., 343.05 (2) (c), 343.055 (5), 343.06 (1) (c), 343.06 (2), 343.065 (title),
4343.065 (1), 343.065 (2), 343.10 (2) (a) 1., 343.10 (10) (a), 343.12 (2) (h), 343.16
5(1) (a), 343.17 (3) (e) 1., 343.21 (1) (g), 343.23 (2), 343.245 (3) (b) 3. and 4.,
6343.245 (4) (b), 343.28 (1), 343.28 (2), 343.305 (10) (em), 343.315 (2) (f) (intro.),
7343.315 (3) (a), 343.315 (3) (b), 343.32 (4), 343.325 (title), 343.325 (2), 343.325
8(3), 343.325 (3m), 343.325 (4), 343.325 (5), 343.325 (6) (a), 343.44 (title), 343.44
9(1), 343.44 (3), 344.12, 344.14 (2) (e), 346.70 (1), 348.15 (3) (bg), (br), (bv) and
10(e), 348.175, 348.19 (2) (b) and (4), 348.27 (4), (9m) and (9r) and 967.055 (2) (a);
11to repeal and recreate 20.395 (2) (bq) (title), 218.01 (2) (bd) 1g., 218.01 (3x)
12(b) 2., 218.01 (3x) (b) 3. and 343.03 (1) (title); and to create 20.395 (1) (bw),
1320.395 (1) (dq), 20.395 (1) (dr), 20.395 (1) (ds), 20.395 (1) (dt), 25.40 (1) (a) 12.,
1425.40 (2) (b) 15g., 78.005 (13g), 84.013 (3) (kb) to (km), 84.183, 84.185 (6r), 84.61,
1585.022 (2), 85.085 (1b), 85.20 (4m) (a) 1. to 4., 85.20 (7), 86.30 (2) (a) 3. e., 86.30
16(2) (a) 3. f., 86.30 (2) (bg), 114.20 (9m) (intro.), 341.21, 341.45 (4g), 341.45 (4m),
17343.01 (2) (cb), 343.01 (2) (d), 343.027, 343.05 (2) (c) 2., 343.14 (3) (b), 343.21 (1)
18(jm), 343.21 (1) (m), 343.245 (3) (b) 5., 343.315 (2) (fm), 343.315 (2) (h), 343.315
19(2) (i) and 343.44 (4r) of the statutes; relating to: state finances and
20appropriations for the department of transportation; taxation of motor vehicle
21fuel that is not sold for use on highways; motor vehicle fuel and alternate fuels
22taxes and qualified motor vehicles; repaving a portion of I 43 in Milwaukee
23County; rehabilitation of private road crossings; rail passenger service; funding
24for a study of high-speed rail service; creation of a state trunk highway; vehicle
25accidents resulting in property damage; performance of motor vehicle

1registration and titling functions by motor vehicle dealers; exempting railroad
2property acquired by the department of transportation from the tax-exempt
3property reporting requirement; registration period and fees applicable to
4aircraft; transportation facilities economic assistance and development aid;
5creating a reserve fund for state highway rehabilitation associated with a
6stadium for the Milwaukee Brewers and construction activities on the
7East-West Freeway; creation of a high-cost bridge program; demerit point
8reduction for completion of a rider course relating to Type 1 motorcycle
9operation; local transportation aids; the international fuel tax agreement and
10the oil inspection fee; authorizing construction of additional major highway
11projects; aids for county forest roads; the urban mass transit operating
12assistance program; the employment transit assistance program; signatures
13and digitized images; vehicle weight limit exceptions on a part of the national
14system of interstate and defense highways; numerous changes to the classified
15driver license system and commercial motor vehicle operation; eligibility for an
16occupational license; railroad construction loans; delaying the expiration date
17of the disadvantaged business demonstration and training program; granting
18bonding authority; granting rule-making authority; making appropriations;
19and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB557-ASA2, s. 1
1Section 1. 20.005 (3) (schedule) of the statutes, as it affects 20.395 of the
2statutes, is repealed and recreated to read:
AB557-ASA2, s. 2m 2Section 2m. 20.005 (3) (schedule) of the statutes: at the appropriate place,
3insert the following amounts for the purposes indicated: - See PDF for table PDF
AB557-ASA2, s. 2p 4Section 2p. 20.395 (1) (bq) of the statutes is repealed.
AB557-ASA2, s. 2pm 5Section 2pm. 20.395 (1) (bu) of the statutes is repealed.
AB557-ASA2, s. 2r 6Section 2r. 20.395 (1) (bw) of the statutes is created to read:
AB557-ASA2,14,87 20.395 (1) (bw) Employment transit aids, state funds. The amounts in the
8schedule for the employment transit assistance program under s. 85.26.
AB557-ASA2, s. 2t 9Section 2t. 20.395 (1) (bw) of the statutes, as created by 1995 Wisconsin Act
10.... (this act), is renumbered 20.445 (1) (uy) and amended to read:
AB557-ASA2,15,3
120.445 (1) (uy) Employment transit aids, state funds. The From the
2transportation fund, the
amounts in the schedule for the employment transit
3assistance program under s. 85.26 106.26.
AB557-ASA2, s. 8d 4Section 8d. 20.395 (1) (dq) of the statutes is created to read:
AB557-ASA2,15,75 20.395 (1) (dq) Larger communities transit operating aids, state funds. The
6amounts in the schedule for mass transit aids to larger communities under s. 85.20
7(4m) (a) 1.
AB557-ASA2, s. 8g 8Section 8g. 20.395 (1) (dr) of the statutes is created to read:
AB557-ASA2,15,119 20.395 (1) (dr) Large communities transit operating aids, state funds. The
10amounts in the schedule for mass transit aids to large communities under s. 85.20
11(4m) (a) 2.
AB557-ASA2, s. 8j 12Section 8j. 20.395 (1) (ds) of the statutes is created to read:
AB557-ASA2,15,1513 20.395 (1) (ds) Medium-sized communities transit operating aids, state funds.
14The amounts in the schedule for mass transit aids to medium-sized communities
15under s. 85.20 (4m) (a) 3.
AB557-ASA2, s. 8m 16Section 8m. 20.395 (1) (dt) of the statutes is created to read:
AB557-ASA2,15,1917 20.395 (1) (dt) Small communities transit operating aids, state funds. The
18amounts in the schedule for mass transit aids to small communities under s. 85.20
19(4m) (a) 4.
AB557-ASA2, s. 9 20Section 9. 20.395 (2) (bq) (title) of the statutes is repealed and recreated to
21read:
AB557-ASA2,15,2222 20.395 (2) (bq) (title) Rail service assistance, state funds.
AB557-ASA2, s. 10 23Section 10. 20.395 (2) (bt) of the statutes is repealed.
AB557-ASA2, s. 11 24Section 11. 20.395 (2) (bu) of the statutes is amended to read:
AB557-ASA2,16,3
120.395 (2) (bu) Freight rail infrastructure improvements, state funds. As a
2continuing appropriation, the amounts in the schedule for loans under s. 85.08 (4m)
3(d) and (e) and to make payments under s. 85.085.
AB557-ASA2, s. 13 4Section 13. 20.395 (3) (bq) of the statutes is amended to read:
AB557-ASA2,16,85 20.395 (3) (bq) Major highway development, state funds. As a continuing
6appropriation, the amounts in the schedule for major development of state trunk and
7connecting highways and, before July 1, 1995 October 1, 1997, for the disadvantaged
8business demonstration and training program under s. 84.076.
AB557-ASA2, s. 14 9Section 14. 20.395 (3) (bv) of the statutes is amended to read:
AB557-ASA2,16,1510 20.395 (3) (bv) Major highway development, local funds. All moneys received
11from any local unit of government or other source for major development of state
12trunk and connecting highways, including the railroad and utility alteration and
13relocation loan program under s. 84.065, and, before July 1, 1995 October 1, 1997,
14the disadvantaged business demonstration and training program under s. 84.076,
15for such purposes.
AB557-ASA2, s. 15 16Section 15. 20.395 (3) (bx) of the statutes is amended to read:
AB557-ASA2,16,2017 20.395 (3) (bx) Major highway development, federal funds. All moneys received
18from the federal government for major development of state trunk and connecting
19highways and, before July 1, 1995 October 1, 1997, the disadvantaged business
20demonstration and training program under s. 84.076, for such purposes.
AB557-ASA2, s. 16 21Section 16. 20.395 (3) (cq) of the statutes is amended to read:
AB557-ASA2,17,822 20.395 (3) (cq) State highway rehabilitation, state funds. As a continuing
23appropriation, the amounts in the schedule for improvement of existing state trunk
24and connecting highways; for improvement of bridges on state trunk or connecting
25highways and other bridges for which improvement is a state responsibility, for

1necessary approach work for such bridges and for replacement of such bridges with
2at-grade crossing improvements; for the construction and rehabilitation of the
3national system of interstate and defense highways and bridges and related
4appurtenances; for special maintenance activities under s. 84.04 on roadside
5improvements; for bridges under s. 84.10; for payment to a local unit of government
6for a jurisdictional transfer under s. 84.02 (8); and, before July 1, 1995 October 1,
71997
, for the disadvantaged business demonstration and training program under s.
884.076.
AB557-ASA2, s. 17 9Section 17. 20.395 (3) (cv) of the statutes is amended to read:
AB557-ASA2,17,2110 20.395 (3) (cv) State highway rehabilitation, local funds. All moneys received
11from any local unit of government or other source for the specific information sign
12program under s. 86.195; for improvement of existing state trunk and connecting
13highways; for improvement of bridges on state trunk or connecting highways and
14other bridges for which improvement is a state responsibility, for necessary approach
15work for such bridges and for replacement of such bridges with at-grade crossing
16improvements; for the construction and rehabilitation of the national system of
17interstate and defense highways and bridges and related appurtenances; for special
18maintenance activities under s. 84.04 on roadside improvements; for the railroad
19and utility alteration and relocation loan program under s. 84.065 and, before July
201, 1995
October 1, 1997, for the disadvantaged business demonstration and training
21program under s. 84.076, for such purposes.
AB557-ASA2, s. 18 22Section 18. 20.395 (3) (cx) of the statutes is amended to read:
AB557-ASA2,18,723 20.395 (3) (cx) State highway rehabilitation, federal funds. All moneys
24received from the federal government for improvement of existing state trunk and
25connecting highways; for improvement of bridges on state trunk or connecting

1highways and other bridges for which improvement is a state responsibility, for
2necessary approach work for such bridges and for replacement of such bridges with
3at-grade crossing improvements; for the construction and rehabilitation of the
4national system of interstate and defense highways and bridges and related
5appurtenances; for special maintenance activities under s. 84.04 on roadside
6improvements and, before July 1, 1995 October 1, 1997, for the disadvantaged
7business demonstration and training program under s. 84.076, for such purposes.
AB557-ASA2, s. 19 8Section 19. 20.395 (3) (eq) of the statutes is amended to read:
AB557-ASA2,18,179 20.395 (3) (eq) Highway maintenance, repair and traffic operations, state
10funds.
Biennially, the amounts in the schedule for the maintenance and repair of
11roadside improvements under s. 84.04, state trunk highways under s. 84.07 and
12bridges that are not on the state trunk highway system under s. 84.10; for highway
13operations such as permit issuance, pavement marking, highway signing, traffic
14signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27
15and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged business
16demonstration and training program under s. 84.076. This paragraph does not apply
17to special maintenance activities under s. 84.04 on roadside improvements.
AB557-ASA2, s. 20 18Section 20. 20.395 (3) (ev) of the statutes is amended to read:
AB557-ASA2,19,319 20.395 (3) (ev) Highway maintenance, repair and traffic operations, local
20funds.
All moneys received from any local unit of government or other sources for
21the maintenance and repair of roadside improvements under s. 84.04, state trunk
22highways under s. 84.07 and bridges that are not on the state trunk highway system
23under s. 84.10; for signing under s. 86.195; for highway operations such as permit
24issuance, pavement marking, highway signing, traffic signalization and highway
25lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before

1July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and
2training program under s. 84.076; for such purposes. This paragraph does not apply
3to special maintenance activities under s. 84.04 on roadside improvements.
AB557-ASA2, s. 21 4Section 21. 20.395 (3) (ex) of the statutes is amended to read:
AB557-ASA2,19,145 20.395 (3) (ex) Highway maintenance, repair and traffic operations, federal
6funds.
All moneys received from the federal government for the maintenance and
7repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07
8and bridges that are not on the state trunk highway system under s. 84.10; for
9highway operations such as permit issuance, pavement marking, highway signing,
10traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25
11to 348.27 and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged
12business demonstration and training program under s. 84.076; for such purposes.
13This paragraph does not apply to special maintenance activities under s. 84.04 on
14roadside improvements.
AB557-ASA2, s. 23 15Section 23. 20.395 (5) (cq) of the statutes is amended to read:
AB557-ASA2,19,2416 20.395 (5) (cq) Vehicle registration, inspection and maintenance and driver
17licensing, state funds.
The amounts in the schedule for administering the vehicle
18registration and driver licensing program, including the traffic violation and
19registration program and the driver license reinstatement training program under
20s. 85.28, for administering the motor vehicle emission inspection and maintenance
21program under s. 110.20, for the training of inspectors under s. 110.22, for
22administering the fuel tax and fee reporting program under s. 341.45 and to
23compensate for services performed, as determined by the secretary of transportation,
24by any county providing registration services.
AB557-ASA2, s. 24 25Section 24. 20.395 (5) (dk) of the statutes is amended to read:
AB557-ASA2,20,4
120.395 (5) (dk) Public safety radio management, service funds. From the
2general fund, all moneys received by the department from the department and from
3other state agencies for purposes related to the statewide public safety radio
4management program under s. 85.12, for that purpose.
AB557-ASA2, s. 29 5Section 29. 20.866 (2) (uv) of the statutes is amended to read:
AB557-ASA2,20,96 20.866 (2) (uv) Transportation, harbor improvements. From the capital
7improvement fund, a sum sufficient for the department of transportation to provide
8grants for harbor improvements. The state may contract public debt in an amount
9not to exceed $9,000,000 $12,000,000 for this purpose.
AB557-ASA2, s. 30 10Section 30. 20.866 (2) (uw) of the statutes is amended to read:
AB557-ASA2,20,1811 20.866 (2) (uw) Transportation; rail acquisitions and improvements. From the
12capital improvement fund, a sum sufficient for the department of transportation to
13acquire railroad property under ss. 85.08 (2) (L) and 85.09; and to provide grants and
14loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d);
15and to credit the appropriation account under s. 20.395 (2) (bt) as reimbursement for
16initial temporary funding of acquisitions, grants or loans authorized under 1993
17Wisconsin Act 16
, section 9154 (4n)
. The state may contract public debt in an amount
18not to exceed $10,000,000 $14,500,000 for these purposes.
AB557-ASA2, s. 35 19Section 35. 25.40 (1) (a) 12. of the statutes is created to read:
AB557-ASA2,20,2120 25.40 (1) (a) 12. Fees collected under s. 341.45 (1g) (a) that are required under
21s. 341.45 (4m) to be deposited in the petroleum inspection fund.
AB557-ASA2, s. 36m 22Section 36m. 25.40 (2) (b) 15g. of the statutes is created to read:
AB557-ASA2,20,2323 25.40 (2) (b) 15g. Section 20.445 (1) (uy).
AB557-ASA2, s. 37b 24Section 37b. 70.337 (7) of the statutes is amended to read:
AB557-ASA2,21,6
170.337 (7) This section does not apply to property that is exempt under s. 70.11
2(13), (13m), (15), (15m), (21) or (30), property that is exempt under s. 70.11 (18) if a
3payment in lieu of taxes is made for that property, lake beds owned by the state, state
4forests under s. 28.03 or 28.035, county forests under s. 28.10, property acquired by
5the department of transportation under s. 85.08 (2) (L) or 85.09
or highways, as
6defined in s. 340.01 (22).
AB557-ASA2, s. 41 7Section 41. 78.005 (13g) of the statutes is created to read:
AB557-ASA2,21,108 78.005 (13g) "Recreational motorboat" means a motorboat used predominantly
9for the entertainment, amusement or recreation of the owner of the motorboat,
10whether or not it is used in a trade or business.
AB557-ASA2, s. 42 11Section 42. 78.01 (2) (e) of the statutes is amended to read:
AB557-ASA2,21,1612 78.01 (2) (e) Gasoline sold for nonhighway use in mobile machinery and
13equipment; other than use in a snowmobile, an all-terrain vehicle that is not
14registered for private use under s. 23.33 (2) (d) or a recreational motorboat;
and
15delivered directly into the consumer's storage tank in an amount of not less than 100
16gallons.
AB557-ASA2, s. 43 17Section 43. 78.01 (2m) (f) of the statutes is amended to read:
AB557-ASA2,21,2118 78.01 (2m) (f) It is sold for off-highway use other than use in a snowmobile, an
19all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a
20recreational motorboat or if no claim for a refund for the tax on the diesel fuel may
21be made under s. 78.75 (1m) (a) 3
.
AB557-ASA2, s. 47 22Section 47. 78.40 (1) of the statutes is amended to read:
AB557-ASA2,22,1023 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate
24determined under s. 78.405 is imposed on the use of alternate fuels. The tax, with
25respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks

1of motor vehicles in this state, attaches at the time of delivery and shall be collected
2by the dealer from the alternate fuels user and shall be paid to the department. The
3tax, with respect to alternate fuels acquired by any alternate fuels user other than
4by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or
5of a snowmobile, an all-terrain vehicle that is not registered for private use under
6s. 23.33 (2) (d) or a recreational motorboat
, attaches at the time of the use of the fuel
7and shall be paid to the department by the user. The department may permit any
8supplier of alternate fuels to report and pay to the department the tax on alternate
9fuels delivered into the storage facility of an alternate fuels user or retailer which will
10be consumed for alternate fuels tax purposes or sold at retail.
AB557-ASA2, s. 50 11Section 50. 78.75 (1m) (a) 2. of the statutes is amended to read:
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