AB557: Bill Text Engrossed

LRB-4641/1

TNF/PEN/JS:skg:jb/md

1995 - 1996 LEGISLATURE

1995 Engrossed Assembly BILL 557

October 13, 1995 - Printed by direction of Senate Chief Clerk.

AB557-engrossed,3,18 An Act to repeal 20.395 (1) (bq), 20.395 (1) (bu), 20.395 (2) (bt), 85.20 (4m) (am), 85.20 (4m) (e), 86.30 (2) (a) 3. c., 114.002 (4), 114.002 (13), 114.20 (2) (c), 114.20 (7), 114.20 (13) (b) 3., 343.03 (1) (c), 343.03 (8) and 343.265 (1) (a) and (b); to renumber 85.085 (1) and 343.14 (3); to renumber and amend 20.395 (1) (bw), 85.20 (4m) (a), 114.20 (9) (a) to (c), 343.05 (4) (a) 3. and 343.265 (1) (intro.); to amend 20.395 (2) (bu), 20.395 (3) (bq), 20.395 (3) (bv), 20.395 (3) (bx), 20.395 (3) (cq), 20.395 (3) (cv), 20.395 (3) (cx), 20.395 (3) (eq), 20.395 (3) (ev), 20.395 (3) (ex), 20.395 (5) (cq), 20.395 (5) (dk), 20.866 (2) (uv), 20.866 (2) (uw), 70.337 (7), 78.01 (2) (e), 78.01 (2m) (f), 78.40 (1), 78.75 (1m) (a) 2., 78.75 (1m) (a) 3., 84.013 (3) (ye), 84.076 (5), 84.59 (6), 85.06 (2) (b), 85.061 (3), 85.08 (4m) (e) 1., 85.085 (3), 85.20 (4m) (em) 1., 85.20 (4s), 86.30 (2) (a) 3. d., 86.30 (9), 86.315 (1), 110.08 (2), 114.002 (11), 114.20 (1) (title), 114.20 (1) (a), 114.20 (1) (b), 114.20 (2) (intro.), 114.20 (5), 114.20 (9) (d), 114.20 (12), 114.20 (13) (b) 1., 114.20 (13) (b) 2., 114.20 (13) (b) 5., 114.20 (15) (b), 121.555 (2) (c) 1., 218.01 (2) (bd) 1g., 218.01 (2) (bd) 1r., 218.01 (2c) (c), 218.01 (3) (a) 24., 218.01 (3x) (b) 2., 218.01 (3x) (b) 3., 218.01 (3x) (c) 1. (intro.), 218.01 (3x) (c) 2., 218.01 (7m) (a), 218.01 (7m) (c), 340.01 (7m), 340.01 (7r), 341.43, 341.45 (title), 341.45 (1g) (a), 341.45 (1g) (b), 341.45 (2), 341.45 (3), 341.45 (5), 343.02 (1), 343.03 (1) (a), 343.03 (1) (b), 343.03 (5), 343.05 (2) (a) 2., 343.05 (2) (c), 343.055 (5), 343.06 (1) (c), 343.06 (2), 343.065 (title), 343.065 (1), 343.065 (2), 343.10 (2) (a) 1., 343.10 (10) (a), 343.12 (2) (h), 343.16 (1) (a), 343.17 (3) (e) 1., 343.21 (1) (g), 343.23 (2), 343.245 (3) (b) 3. and 4., 343.245 (4) (b), 343.28 (1), 343.28 (2), 343.305 (10) (em), 343.315 (2) (f) (intro.), 343.315 (3) (a), 343.315 (3) (b), 343.32 (4), 343.325 (title), 343.325 (2), 343.325 (3), 343.325 (3m), 343.325 (4), 343.325 (5), 343.325 (6) (a), 343.44 (title), 343.44 (1), 343.44 (3), 344.12, 344.14 (2) (e), 346.70 (1), 348.15 (3) (bg), (br), (bv) and (e), 348.175, 348.19 (2) (b) and (4), 348.27 (4), (9m) and (9r) and 967.055 (2) (a); to repeal and recreate 20.395 (2) (bq) (title), 218.01 (2) (bd) 1g., 218.01 (3x) (b) 2., 218.01 (3x) (b) 3. and 343.03 (1) (title); and to create 20.395 (1) (bw), 20.395 (1) (dq), 20.395 (1) (dr), 20.395 (1) (ds), 20.395 (1) (dt), 25.40 (1) (a) 12., 25.40 (2) (b) 15g., 78.005 (13g), 84.013 (2) (d), 84.013 (3) (kb) to (km), 84.183, 84.185 (6r), 84.61, 85.022 (2), 85.085 (1b), 85.20 (4m) (a) 1. to 4., 85.20 (7), 86.30 (2) (a) 3. e., 86.30 (2) (a) 3. f., 86.30 (2) (bg), 114.20 (9m) (intro.), 341.21, 341.45 (4g), 341.45 (4m), 343.01 (2) (cb), 343.01 (2) (d), 343.027, 343.05 (2) (c) 2., 343.14 (3) (b), 343.21 (1) (jm), 343.21 (1) (m), 343.245 (3) (b) 5., 343.315 (2) (fm), 343.315 (2) (h), 343.315 (2) (i) and 343.44 (4r) of the statutes; relating to: state finances and appropriations for the department of transportation; taxation of motor vehicle fuel that is not sold for use on highways; motor vehicle fuel and alternate fuels taxes and qualified motor vehicles; repaving a portion of I 43 in Milwaukee County; rehabilitation of private road crossings; rail passenger service; funding for a study of high-speed rail service; creation of a state trunk highway; vehicle accidents resulting in property damage; performance of motor vehicle registration and titling functions by motor vehicle dealers; exempting railroad property acquired by the department of transportation from the tax-exempt property reporting requirement; registration period and fees applicable to aircraft; transportation facilities economic assistance and development aid; creating a reserve fund for state highway rehabilitation associated with a stadium for the Milwaukee Brewers and construction activities on the East-West Freeway; creation of a high-cost bridge program; demerit point reduction for completion of a rider course relating to Type 1 motorcycle operation; local transportation aids; the international fuel tax agreement and the oil inspection fee; authorizing construction of additional major highway projects; aids for county forest roads; the urban mass transit operating assistance program; the employment transit assistance program; signatures and digitized images; vehicle weight limit exceptions on a part of the national system of interstate and defense highways; numerous changes to the classified driver license system and commercial motor vehicle operation; eligibility for an occupational license; railroad construction loans; delaying the expiration date of the disadvantaged business demonstration and training program; granting bonding authority; granting rule-making authority; making appropriations; and providing penalties.

Analysis by the Legislative Reference Bureau

Engrossment information:

The text of Engrossed 1995 Assembly Bill 557 consists of the following documents adopted in the assembly on October 12, 1995: Assembly Substitute Amendment 2, as affected by the following Assembly Amendments: Assembly Amendment 4, Assembly Amendment 5, Assembly Amendment 7 and Assembly Amendment 13. The text also includes the October 11, 1995, chief clerk's correction to the substitute amendment.

Introduction

This bill contains appropriations from segregated funds and from the general fund for the department of transportation (DOT) for the 1995-97 fiscal biennium.

The bill repeals and recreates the appropriation schedule in chapter 20 of the statutes as it relates to s. 20.395, stats., thereby setting the appropriation levels for DOT for the 1995-97 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.

Transportation

Transportation revenue

Under current law, diesel fuel sold for off-highway use is exempt from the motor vehicle fuel tax. Under this bill, diesel fuel sold for off-highway use in a snowmobile, an all-terrain vehicle that is not registered for private use or a recreational motorboat is taxable.

Under current law, the tax on alternate fuels attaches at the time that the fuel is delivered into the tank of a motor vehicle or, if it is not delivered that way, at the time that the fuel is used. Under this bill, the tax also attaches at the time that the fuel is delivered into the fuel tank of a snowmobile, all-terrain vehicle that is not registered for private use or motorboat.

Under current law, refunds for motor vehicle fuel taxes or alternate fuel taxes paid on fuel used in motorboats, except those registered as motor vehicles, may not be claimed. This bill allows claims for taxes paid for fuel used in nonrecreational motorboats.

Under current law, any person who operates a certain type of motor vehicle for the transportation of persons or property in this state is required to pay a Wisconsin motor vehicle fuel or alternate fuels tax on the gallons of fuel that were purchased or obtained outside this state and which are consumed by the vehicle while being operated in this state. This bill authorizes DOT to issue a 72-hour fuel trip permit at a fee of not less than $15 to a person who would otherwise be required to pay the Wisconsin motor vehicle fuel or alternate fuels tax. DOT is required to promulgate rules regarding the issuance and use of these permits.

Highways

Current law requires that any major highway project, unlike other construction projects undertaken by DOT, receive the approval of the transportation projects commission (TPC) and the legislature before the project may be constructed. A major highway project is a project having a total cost of more than $5,000,000 and involving construction of a new highway 2.5 miles or more in length; reconstruction or reconditioning of an existing highway that relocates at least 2.5 miles of the highway or adds one or more lanes 5 miles or more in length to the highway; or improvement of an existing multilane divided highway to freeway standards. There are currently 66 enumerated major highway projects approved for construction.

This bill adds 3 major highway projects recommended by TPC to the list of enumerated projects and requires DOT to complete the enumerated project involving STH 29 between Green Bay and I 94 by January 1, 2000.

Under current law, a county forest road aid program annually provides $200 per mile of qualifying road to assist counties with the costs of improving public roads in county forests. This bill increases the county forest road aid rate per mile from $200 to $400.

This bill establishes a reserve account of $15,000,000 in the transportation fund that may be expended either for state highway rehabilitation associated with the construction of a new baseball stadium to be used by the Milwaukee Brewers or for construction activities on the East-West Freeway between Milwaukee and Waukesha. The bill also creates in the transportation fund reserve accounts from which the joint committee on finance may authorize DOT to expend up to $26,698,000 for construction activities on the East-West Freeway between Milwaukee and Waukesha.

This bill creates a high-cost bridge program to fund the rehabilitation of bridges on the state trunk highway system that have a deck area greater than 40,000 square feet.

Current law imposes weight limitations for vehicles operating on highways in this state and specifies exceptions to those vehicle weight limits. Certain vehicle weight limit exceptions do not apply or are further restricted on highways that are part of the national system of interstate and defense highways. These exceptions include weight limitations for the transportation of raw forest and agricultural products or of metallic or nonmetallic scrap and for transportation of materials between industrial plants.

This bill provides that, for purposes of vehicle weight limit exceptions, USH 51 between Wausau and STH 78 and that portion of STH 78 between USH 51 and the I 90/94 interchange near Portage are not part of the national system of interstate and defense highways upon their federal designation as I 39.

This bill requires DOT to repave approximately 1.25 miles of I 43, replacing the existing tined surface with a nontined surface, within 8 months.

Drivers and motor vehicles

Under current law, DOT administers a classified driver license system to implement the requirements of the federal commercial motor vehicle safety act of 1986. The classified driver license system provides a comprehensive single license authorizing the operation of specific classes and types of motor vehicles, including commercial motor vehicles. In addition, DOT disqualifies any driver who has committed certain serious traffic-related offenses from operating a commercial motor vehicle for a certain period of time, up to a lifetime disqualification.

This bill makes numerous changes to the classified driver license system. These changes include:

1. Creating new disqualifications for certain offenses relating to a commercial driver license application and for operating a commercial motor vehicle while ordered out-of-service for certain alcohol-related offenses. The bill imposes a longer period of disqualification for an out-of-service violation if the person was operating a hazardous materials transporter or a vehicle designed to carry, or which was actually carrying, 16 or more persons.

2. Requiring a person operating, upon a highway in this state, motorized construction equipment that is designed principally for off-road use, to possess a valid Wisconsin driver's license. The motorized construction equipment operator is exempt from any commercial driver licensing requirements. Current law exempts such operators from all licensing requirements of DOT.

3. Changing restricted commercial driver licenses to prohibit only the operation of commercial motor vehicles in interstate commerce, rather than prohibiting commercial motor vehicle operation outside this state and in interstate commerce.

4. Increasing the fine that may be imposed on an employer who knowingly allows or authorizes an employe to operate a commercial motor vehicle when the employe is not validly authorized to operate the commercial motor vehicle. The penalty is increased from a fine of not more than $5,000 to a fine of not less than $2,500 nor more than $10,000.

5. Making ineligible for an occupational license any person whose license or operating privilege was revoked or suspended within the previous year for a controlled substances violation or a violation of the financial responsibility laws of this state.

Current law permits the secretary of transportation to suspend or revoke a person's operating privilege for repeated violations of state or local traffic laws. The secretary is authorized to establish a schedule of demerit points based on the seriousness of various traffic convictions. The secretary is required to reduce the accumulated demerit points assessed against a person by up to 3 points if the person successfully completes a rider course on motorcycle operation approved by the secretary. Point reduction applies only to demerit points assessed for violations committed before completion of the rider course while the person was driving or operating a Type 1 motorcycle and may not occur more than once.

This bill removes the prohibition against such point reduction occurring more than once per person.

Under current law, the operator of a vehicle involved in an accident resulting in total damage of $500 or more to a publicly owned vehicle or to private property must report the accident as soon as possible to the state patrol or to the law enforcement agency of the jurisdiction where the accident occurred. Failure to report an accident may result in a forfeiture of not less than $40 nor more than $200 or, for a 2nd or subsequent offense within a year, a forfeiture of not less than $200 nor more than $500.

Current law also requires DOT to notify the operator or owner of a motor vehicle who is involved in an accident that results in property damage of $500 or more that he or she must submit to DOT a deposit of security for the accident. A deposit of security is not required if the person can provide proof of financial responsibility (an applicable motor vehicle liability insurance policy or bond in effect at the time of the accident providing minimum levels of liability insurance for bodily injury and property damage). With certain exceptions, failure to provide a deposit of security or proof of financial responsibility after an accident results in revocation of the operator's motor vehicle operating privilege or of the registration of any vehicles registered by the owner of the vehicle involved in the accident.

This bill raises the minimum property damage for these provisions from $500 to $1,000.

Under current law, a motor vehicle dealer may accept from a vehicle purchaser applications and any required fees for registration or titling of the vehicle. The dealer must forward the application and fees to DOT within 7 days after the vehicle sale. DOT processes each application and forwards the applicable certificate of registration or title to the purchaser.

This bill allows a motor vehicle dealer, by contract with DOT, to accept and process applications, and any applicable fees, for vehicle registration or titling, and to issue certificates of registration, certificates of title, registration stickers and license plates. DOT may allow a motor vehicle dealer to charge an applicant a fee for such services.

Under current law, DOT is required to take a photograph of any applicant for a driver's license or identification card (ID card) and affix the photograph to the driver's license or ID card issued to that applicant.

This bill authorizes DOT to take and use a digitized image of an applicant in addition to, or in place of, a photograph for use on a driver's license or ID card issued to that applicant. The bill also requires that any photograph, including a digitized image, be kept confidential by DOT and be used only by DOT, by authorized law enforcement authorities, by state agencies, by federal agencies or as the applicant may direct. The bill also authorizes DOT to keep and maintain signatures of driver's license applicants, but allows DOT to release a signature or signature facsimile only to the signatory.

Transportation aids

Under current law, DOT administers a local transportation aids program. Under the program, DOT makes aid payments to a county based on a share of costs formula for counties, and to a municipality (city, village or town) based on the greater of a share of costs formula for municipalities or an aid rate per mile ($1,350 for 1995). This bill increases the aid rate per mile to $1,390 in 1996 and to $1,432 for 1997 and thereafter.

Under current law, DOT pays 42% of the operating expenses of an urban mass transit system if the local public body that provides the mass transit system is eligible for aid under the urban mass transit operating assistance program. DOT also makes supplemental operating assistance payments to eligible systems with annual operating expenses greater than $20,000,000 and an annual ridership of more than 7,000,000 one-way trips.

This bill revises the funding formula for the program and eliminates supplemental operating assistance payments. Under the bill, DOT makes state aid payments sufficient to ensure that the combination of state and federal aids contributed toward the operating expenses of an urban mass transit system equals a uniform percentage established by DOT. The bill requires DOT to establish uniform percentages for each of the following: 1) urban mass transit systems with annual operating expenses in excess of $80,000,000; 2) urban mass transit systems with annual operating expenses in excess of $20,000,000 but less than $80,000,000; 3) mass transit systems with annual operating expenses of $20,000,000 or less but serving an urban area having a population of at least 50,000; and 4) mass transit systems in an urban area having a population of less than 50,000.

This bill requires DOT to establish, by rule, cost-efficiency standards for urban mass transit systems and, if a mass transit system incurs costs inconsistent with those standards, to exclude those costs from operating expenses for purposes of mass transit aid or to reduce the amount of aid for the mass transit system under the program. The bill requires DOT to establish a transit committee to assist in developing the cost-efficiency standards and to advise DOT on implementing the standards.

Under current law, DOT administers a transportation facilities economic assistance and development (TEA) program. The TEA program provides grants to private businesses or local governing bodies for up to 50% of the cost of developing or improving transportation facilities, including highways and certain railway, harbor and airport facilities, that are essential to a business development project that will directly and significantly increase the number of jobs in this state. DOT may require the local governing body of the area in which the project is located to guarantee the number of jobs that will be directly created by the business development project within 3 years and maintained after 7 years. If the jobs guarantee is not met, DOT may require the local governing body to repay up to the full amount of the grant.