Amendment ASA2-AB557

AB557-ASA2, s. 205 Section 205. 348.27 (4), (9m) and (9r) of the statutes are amended to read:

AB557-ASA2,69,13 348.27 (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-ASA2,69,24 (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-ASA2,70,9 (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-ASA2, s. 206 Section 206. 967.055 (2) (a) of the statutes is amended to read:

AB557-ASA2,71,2 967.055 (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-ASA2, s. 9137 Section 9137. Nonstatutory provisions; legislature.

AB557-ASA2,71,4 (1g) Studies of the department of transportation.

AB557-ASA2,71,9 (a) The legislative audit bureau is requested to perform a performance evaluation audit of every program administered by the department of transportation. If an audit is performed, the bureau shall submit, in the manner described under section 13.94 (1) (b) of the statutes, a report summarizing the results of the audit by September 1, 1996.

AB557-ASA2,71,16 (b) The joint legislative council is requested to study alternative revenue sources for the department of transportation and to report its findings, conclusions and recommendations, including recommendations concerning appropriate funding levels and means of providing significant transportation cost savings for the state and for local governments, to the legislature by December 1, 1996. If an audit is performed under paragraph (a), the council shall consider the results of that audit in preparing its report under this paragraph.

AB557-ASA2, s. 9146 Section 9146. Nonstatutory provisions; public service commission.

AB557-ASA2,71,23 (1)  Fencing, farm crossing and cattle guard costs. The commissioner of railroads shall 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 findings, conclusions and recommendations, including recommended statutory changes, to the joint committee on finance by the first day of the 6th month beginning after the effective date of this subsection.

AB557-ASA2, s. 9155 Section 9155. Nonstatutory provisions; transportation.

AB557-ASA2,71,25 (1) Cost-efficiency standards.

AB557-ASA2,72,5 (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-ASA2,72,6 (b) This subsection does not apply after June 30, 1997.

AB557-ASA2,72,15 (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-ASA2,72,23 (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-ASA2,72,24 (3y)  Transportation financing study.

AB557-ASA2,73,2 (a) The department of transportation shall create a committee to study transportation financing. The committee shall consist of the following members:

AB557-ASA2,73,3 1.  One member of the assembly, appointed by the speaker of the assembly.

AB557-ASA2,73,4 2.  One member of the senate, appointed by the majority leader of the senate.

AB557-ASA2,73,5 3.  One member of the assembly, appointed by the assembly minority leader.

AB557-ASA2,73,6 4.  One member of the senate, appointed by the senate minority leader.

AB557-ASA2,73,7 5.  Three members appointed by the secretary of transportation.

AB557-ASA2,73,13 (b)  The committee shall study revenue sources for transportation funding, including the impact of differences in the tax rates of this state and bordering states on retailers in border areas. The committee 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-ASA2,73,19 (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 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-ASA2,74,2 (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-ASA2,74,7 (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 the first day of the 8th month beginning after the effective date of this subsection, for the purpose of eliminating the tined surface.

AB557-ASA2,74,17 (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-ASA2,74,23 (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-ASA2,75,5 (10g) Fond du Lac airport construction acceleration. 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 submit information concerning the appropriation under section 20.395 (2) (dq) of the statutes as though an increase of $500,000, for the purpose of accelerating the completion of airport improvement projects at the Fond du Lac County general aviation airport, by this act had not been made.

AB557-ASA2, s. 9242 Section 9242. Appropriation changes; natural resources.

AB557-ASA2,75,11 (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-ASA2, s. 9255 Section 9255. Appropriation changes; transportation.

AB557-ASA2,75,13 (1) Statewide public safety radio management program.

AB557-ASA2,75,18 (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-ASA2,75,23 (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-ASA2, s. 9348 Section 9348. Initial applicability; revenue.

AB557-ASA2,76,4 (1) Motor vehicle fuel exemptions. The treatment of sections 78.005 (13g), 78.01 (2) (e) and (2m) (f), 78.40 (1) and 78.75 (1m) (a) 2. and 3. of the statutes first applies to fuel purchased on the first day of the first month beginning after publication.

AB557-ASA2, s. 9355 Section 9355. Initial applicability; transportation.

AB557-ASA2,76,8 (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-ASA2,76,17 (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-ASA2,76,20 (9j) Transportation facilities economic assistance and development. The treatment of section 84.185 (6r) of the statutes first applies to aid provided under formal agreements executed after December 31, 1994.

AB557-ASA2,76,24 (9t) Mass transit operating assistance. The treatment of sections 20.395 (1) (bq), (bu), (dq), (dr), (ds) and (dt) and 85.20 (4m) (a), (am), (e) and (em) 1. and (4s) of the statutes and the creation of section 85.20 (4m) (a) 1. to 4. of the statutes first apply to urban mass transit operating assistance payments for calendar year 1996.

AB557-ASA2, 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-ASA2, s. 9455 Section 9455. Effective dates; transportation.

AB557-ASA2,77,6 (1x)  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-ASA2,77,8 (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-ASA2,77,11 (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 of this act take effect on January 1, 1996.

AB557-ASA2,77,13 (5) Exemption reports. The treatment of section 70.337 (7) of the statutes takes effect on March 31, 1996.

AB557-ASA2,77,16 (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 January 1, 1996.

AB557-ASA2,77,17 (7) Aircraft registration.

AB557-ASA2,77,20 (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-ASA2,77,24 (8) Mass transit operating assistance. The treatment of sections 20.395 (1) (bq), (bu), (dq), (dr), (ds) and (dt) and 85.20 (4m) (a), (am), (e) and (em) 1. and (4s) of the statutes and the creation of section 85.20 (4m) (a) 1. to 4. of the statutes take effect on January 1, 1996.

AB557-ASA2,77,25 (End)