LRB-0766/2
RPN:mfd:jf
1997 - 1998 LEGISLATURE
February 5, 1997 - Introduced by Senators Jauch, Grobschmidt and Plache,
cosponsored by Representatives
Black, Murat, Goetsch, Turner, Dobyns,
Albers, Kreibich, Huber, Kreuser, Linton, R. Potter, La Fave, Boyle, Urban
and Baumgart. Referred to Committee on Labor, Transportation and
Financial Institutions.
SB57,1,3
1An Act to renumber and amend 20.395 (4) (bh) and 166.20 (7g) (b); and
to
2create 166.20 (7g) (b) 1. to 8. of the statutes;
relating to: hazardous materials
3transportation registration fees.
Analysis by the Legislative Reference Bureau
Under current law, the state emergency response board (SERB) establishes
hazardous materials transportation registration fees to be paid by persons who are
required to file federal hazardous materials transportation registration statements
because they transport hazardous materials. In
1995 Wisconsin Act 113, SERB was
directed to charge the same amount of fees to persons required to file hazardous
materials transportation registration statements with the department of
transportation as were promulgated in rules established by SERB and in effect on
June 30, 1995. In October, 1996, the Wisconsin court of appeals, in
American
Trucking Associations, Inc., v. the State of Wisconsin, found that the flat fee structure
established by SERB and in effect on June 30, 1995, violated the commerce clause
of the U.S. Constitution. This bill reinstates the provisions of the law in effect before
the changes in
1995 Wisconsin Act 113. Under this bill, fees are based on gross
revenue derived from the shipment, the type and quantity of hazardous materials
transported, the number and frequency of such shipments, the potential harm
threatened by release of the materials and other factors. The bill also clarifies that
money received from those fees is deposited in the transportation fund and is used
in part to fund the administration of those fees.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB57, s. 1
1Section
1. 20.395 (4) (bh) of the statutes is renumbered 20.395 (4) (bq) and
2amended to read:
SB57,2,73
20.395
(4) (bq)
(title)
Hazardous materials transportation fees, state funds. 4Biennially,
from the general fund, from the moneys received from the hazardous
5materials transportation registration fees established under s. 166.20 (7g) and
6collected under s. 85.50, the amounts in the schedule for the purpose of
7administering those fees.
SB57, s. 2
8Section
2. 166.20 (7g) (b) of the statutes is renumbered 166.20 (7g) (b) (intro.)
9and amended to read:
SB57,2,1210
166.20
(7g) (b) (intro.) The
board shall base the amount of the fees under this
11subsection
shall be the amount of the fees established in s. ERB 4.03 (2), Wis. adm.
12code, as shown on June 30, 1995. on one or more of the following factors:
SB57, s. 3
13Section
3. 166.20 (7g) (b) 1. to 8. of the statutes are created to read:
SB57,2,1514
166.20
(7g) (b) 1. The amount of gross revenue from the transportation of
15hazardous materials.
SB57,2,1716
2. The percentage of gross revenue from the transportation of hazardous
17materials.
SB57,2,1818
3. The types of hazardous materials transported or caused to be transported.
SB57,2,2019
4. The quantity of hazardous materials transported or caused to be
20transported.
SB57,2,2121
5. The number of shipments of hazardous materials.
SB57,3,2
16. The number of activities that a person carries out for which a registration
2statement must be filed under 49 USC Appendix 1805 (c).
SB57,3,43
7. The threat to persons, property and the environment from the release of the
4hazardous materials transported or caused to be transported.
SB57,3,55
8. Other factors that the board considers appropriate.
