OC7 SB2: Bill Text

Under current law, DOT administers a Rail Passenger Route Development Program to, in part, fund capital costs related to Amtrak service extension routes or other rail service routes between Milwaukee and Madison and between Milwaukee and Green Bay. This bill expands the program to include routes between Chicago and Milwaukee, between Madison and La Crosse, and between Madison and Eau Claire. The bill also increases general obligation bonding authority for the program.

Under current law, the counties of Kenosha, Milwaukee, and Racine must create a Regional Transit Authority (RTA). The RTA is responsible for the coordination of highway and transit programs within these counties. The RTA may receive funding by imposing a rental car transaction fee within these counties, but the fee may presently be used only to hire staff, conduct studies, and prepare a report to the legislature and the governor, due by November 15, 2008. The report must include certain information, including a recommendation as to whether the responsibilities of the RTA should be limited to collection and distribution of regional transit funding or should also include operation of transit service and a recommendation on whether the RTA should continue in existence after September 30, 2009.

This bill provides the RTA with the responsibility for constructing and operating of a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee (KRM commuter link). The bill increases the amount of the rental car transaction fee that may be imposed, authorizes the RTA to issue bonds, and authorizes the RTA to use rental car transaction fees and bond proceeds for KRM commuter link purposes.

Under current law, DOT may contract up to specified amounts in public debt for the acquisition and improvement of rail property and to provide grants for harbor improvements. This bill increases these authorized bonding limits.

The bill modifies provisions of current law related to operating an aircraft while intoxicated.

Other transportation

Under current law, DOT collects a supplemental vehicle title fee in connection with applications for certificates of title for new vehicles and for vehicles the ownership of which has been transferred. This bill increases the fee by $2.

This bill provides for a variety of transportation projects, grants, reports, and studies, and affects in additional ways the operations and programs of DOT and the state transportation system.

For further information see the state and local 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:

SB2, s. 9og Section 9og. 13.489 (5) (b) of the statutes is amended to read:

SB2,7,5 13.489 (5) (b) All project information included in any report required under this subsection par. (a) shall be reported on both a cumulative basis from the inception of the project and on an updated basis for the period since the department's last report under this subsection.

SB2, s. 9oh Section 9oh. 13.489 (5) (c) of the statutes is created to read:

SB2,8,2 13.489 (5) (c) With the report submitted under par. (a), by February 1 of each year, the department of transportation shall include a current project schedule for all projects enumerated under s. 84.013 (3) or approved under s. 84.013 (6), showing the annual funding required until completion for each project.

SB2, s. 85c Section 85c. 16.50 (1) (a) of the statutes is amended to read:

SB2,8,16 16.50 (1) (a) Each department except the legislature and the courts shall prepare and submit to the secretary an estimate of the amount of money which it proposes to expend, encumber or distribute under any appropriation in ch. 20. The department of administration shall prepare and submit estimates for expenditures from appropriations under ss. 20.855, 20.865, 20.866 and 20.867. The secretary may waive the submission of estimates of other than administrative expenditures from such funds as he or she determines, but the secretary shall not waive submission of estimates for the appropriations under s. 20.285 (1) (im) and (n) nor for expenditure of any amount designated as a refund of an expenditure under s. 20.001 (5). Estimates shall be prepared in such form, at such times and for such time periods as the secretary requires. Revised Except as provided in par. (c), revised and supplemental estimates may be presented at any time under rules promulgated by the secretary.

SB2, s. 85e Section 85e. 16.50 (1) (c) of the statutes is created to read:

SB2,8,25 16.50 (1) (c) 1. The department may not approve any revised or supplemental estimate submitted by the department of transportation under par. (a) for any appropriation of federal funds under s. 20.395 unless the department of transportation has submitted a request to revise or supplement the estimate to the joint committee on finance and the request is approved under subd. 2. or the department of transportation has submitted a plan including the revised or supplemental estimate to the joint committee on finance under s. 84.03 (2) (b) 1. and the plan is approved under s. 84.03 (2) (c).

SB2,9,9 2. If the department of transportation submits a request under subd. 1. and the cochairpersons of the joint committee on finance do not notify the department of transportation within 14 working days after the date of the submittal that the committee has scheduled a meeting for the purpose of reviewing the request, the request is approved. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of transportation that the committee has scheduled a meeting for the purpose of reviewing the request, the department of administration may not revise or supplement any estimate specified in the request until it is approved by the committee, as submitted or as modified.

SB2, s. 85f Section 85f. 16.50 (6) of the statutes is amended to read:

SB2,9,19 16.50 (6) Proportional spending. If the secretary determines that expenditures of general purpose or segregated fund revenues are utilized to match revenues received under s. 16.54 or 20.001 (2) (b) for the purposes of combined program expenditure, the secretary may require that disbursements of the general purpose revenue and corresponding segregated revenue be in direct proportion to the amount of program revenue or corresponding segregated revenue which is available or appropriated in ch. 20 or as condition of a grant or contract. If Subject to sub. (1) (c), if the secretary makes such a determination, the agency shall incorporate the necessary adjustments into the expenditure plans provided for in sub. (1).

SB2, s. 100m Section 100m. 20.005 (3) (schedule) of the statutes, as it affects 20.395 and 20.865 (4) (u) of the statutes, is repealed and recreated to read: - See PDF for table

SB2, s. 1 Section 1. 20.395 (2) (cw) of the statutes is created to read:

SB2,24,4 20.395 (2) (cw) Harbor assistance, local funds. All moneys received from any local unit of government or other source for harbor assistance or harbor improvements under s. 85.095, for such purposes.

SB2, s. 2 Section 2. 20.395 (2) (ft) of the statutes is amended to read:

SB2,24,9 20.395 (2) (ft) Local roads improvement program; discretionary grants, state funds. As a continuing appropriation, the amounts in the schedule for the local roads improvement program under s. 86.31 (3g) to (3r), and for the payments required under 2007 Wisconsin Act .... (this act), section 9148 (1) and (14qq).

SB2, s. 307c Section 307c. 20.395 (2) (jq), (jv) and (jx) of the statutes are repealed.

SB2, s. 307e Section 307e. 20.395 (2) (nx) of the statutes is amended to read:

SB2,25,4 20.395 (2) (nx) Transportation enhancement activities, federal funds. All moneys received from the federal government for purposes of transportation enhancement activities under s. 85.026 and for grants under s. 85.024, for such purposes.

SB2, s. 307g Section 307g. 20.395 (2) (ov) of the statutes is created to read:

SB2,25,8 20.395 (2) (ov) Bicycle and pedestrian facilities, local funds. All moneys received from any local unit of government for purposes of the bicycle and pedestrian facilities program under s. 85.024, for such purposes.

SB2, s. 307i Section 307i. 20.395 (2) (ox) of the statutes is created to read:

SB2,25,12 20.395 (2) (ox) Bicycle and pedestrian facilities, federal funds. All moneys received from the federal government for purposes of the bicycle and pedestrian facilities program under s. 85.024, for such purposes.

SB2, s. 3 Section 3. 20.395 (2) (qv) of the statutes is created to read:

SB2,25,16 20.395 (2) (qv) Safe routes to school, local funds. All moneys received from any local unit of government for the safe routes to school program under s. 85.029, for such purpose.

SB2, s. 4 Section 4. 20.395 (2) (qx) of the statutes is created to read:

SB2,25,20 20.395 (2) (qx) Safe routes to school, federal funds. All moneys received from the federal government for the safe routes to school program under s. 85.029, for such purpose.

SB2, s. 309c Section 309c. 20.395 (3) (cq) of the statutes is amended to read:

SB2,26,16 20.395 (3) (cq) State highway rehabilitation, state funds. As a continuing appropriation, the amounts in the schedule for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements; for bridges under s. 84.10; for the bridge project under s. 84.115; for payment to a local unit of government for a jurisdictional transfer under s. 84.02 (8); for the disadvantaged business demonstration and training program under s. 84.076; for the transfers required under 1999 Wisconsin Act 9, section 9250 (1) and 2003 Wisconsin Act 33, section 9153 (4q); and for the purposes described under 1999 Wisconsin Act 9, section 9150 (8g), and 2001 Wisconsin Act 16, section 9152 (4e), and 2007 Wisconsin Act .... (this act), section 9148 (9i) (b) and (9x). This paragraph does not apply to any southeast Wisconsin freeway rehabilitation projects under s. 84.014, or to the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, or intelligent transportation systems, unless incidental to the improvement of existing state trunk and connecting highways.

SB2, s. 5 Section 5. 20.395 (6) (au) of the statutes is amended to read:

SB2,26,23 20.395 (6) (au) Principal repayment and interest, Marquette interchange and I 94 north-south corridor reconstruction project projects, state funds. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the Marquette interchange reconstruction project and the reconstruction of the I 94 north-south corridor, as provided under ss. 20.866 (2) (uup) and 84.555.

SB2, s. 6 Section 6. 20.866 (2) (up) of the statutes is amended to read:

SB2,27,6 20.866 (2) (up) Transportation; rail passenger route development. From the capital improvement fund, a sum sufficient for the department of transportation to fund rail passenger route development under s. 85.061 (3). The state may contract public debt in an amount not to exceed $50,000,000 $82,000,000 for this purpose. Of this amount, not more than $10,000,000 may be used to fund the purposes specified in s. 85.061 (3) (a) 2. and 3.

SB2, s. 7 Section 7. 20.866 (2) (uup) of the statutes is amended to read:

SB2,27,14 20.866 (2) (uup) Transportation; Marquette interchange and I 94 north-south corridor reconstruction project projects. From the capital improvement fund, a sum sufficient for the department of transportation to fund the Marquette interchange reconstruction project under s. 84.014, as provided under s. 84.555 , and the reconstruction of the I 94 north-south corridor, as provided under s. 84.555 (1m) (a). The state may contract public debt in an amount not to exceed $213,100,000 $280,000,000 for this purpose these purposes.

SB2, s. 8 Section 8. 20.866 (2) (uv) of the statutes is amended to read:

SB2,27,19 20.866 (2) (uv) Transportation, harbor improvements. From the capital improvement fund, a sum sufficient for the department of transportation to provide grants for harbor improvements. The state may contract public debt in an amount not to exceed $40,700,000 $53,400,000 for this purpose.

SB2, s. 9 Section 9. 20.866 (2) (uw) of the statutes is amended to read:

SB2,28,2 20.866 (2) (uw) Transportation; rail acquisitions and improvements. From the capital improvement fund, a sum sufficient for the department of transportation to acquire railroad property under ss. 85.08 (2) (L) and 85.09; and to provide grants and loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d). The state may contract public debt in an amount not to exceed $44,500,000 $66,500,000 for these purposes.

SB2, s. 10 Section 10. 25.40 (1) (bd) of the statutes is created to read:

SB2,28,4 25.40 (1) (bd) Oil company assessments under subch. XIV of ch. 77.

SB2, s. 814m Section 814m. 46.03 (18) (f) of the statutes is amended to read:

SB2,28,18 46.03 (18) (f) Notwithstanding par. (a), any person who submits to an assessment or airman or driver safety plan under s. 23.33 (13) (e), 30.80 (6) (d), 114.09 (2) (bm), 343.16 (5) (a), 343.30 (1q), 343.305 (10) or 350.11 (3) (d) shall pay a reasonable fee therefor to the appropriate county department under s. 51.42 or traffic safety school under s. 345.60. A county may allow the person to pay the assessment fee in 1, 2, 3 or 4 equal installments. The fee for the airman or driver safety plan may be reduced or waived if the person is unable to pay the complete fee, but no fee for assessment or attendance at a traffic safety school under s. 345.60 may be reduced or waived. Nonpayment of the assessment fee is noncompliance with the court order that required completion of an assessment and airman or driver safety plan. Upon a finding that the person has the ability to pay, nonpayment of the airman or driver safety plan fee is noncompliance with the court order that required completion of an assessment and airman or driver safety plan.

SB2, s. 1819m Section 1819m. 51.42 (3) (ar) 4. b. of the statutes is amended to read:

SB2,28,22 51.42 (3) (ar) 4. b. Comprehensive diagnostic and evaluation services, including assessment as specified under ss. 114.09 (2) (bm), 343.30 (1q) and 343.305 (10) and assessments under ss. 48.295 (1) and 938.295 (1).

SB2, s. 1850g Section 1850g. 59.58 (6) (cb) of the statutes is created to read:

SB2,29,3 59.58 (6) (cb) The authority shall be responsible for sponsoring, developing, constructing, and operating a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee, to be known as the KRM commuter rail link.

SB2, s. 1850i Section 1850i. 59.58 (6) (cr) of the statutes is amended to read:

SB2,29,8 59.58 (6) (cr) The authority may hire staff, conduct studies, and expend funds essential to the preparation of the report specified in par. (e) and in furtherance of its responsibility under par. (cb) to develop and construct the KRM commuter rail link.

SB2, s. 1850p Section 1850p. 59.58 (6) (e) 3g. of the statutes is created to read:

SB2,29,13 59.58 (6) (e) 3g. A study on the feasibility of adding a commuter rail stop and station at points where any proposed commuter rail route would intersect National Avenue in the city of Milwaukee or Greenfield Avenue in the city of Milwaukee or both.

SB2, s. 1850r Section 1850r. 59.58 (6) (e) 3m. of the statutes is created to read:

SB2,29,17 59.58 (6) (e) 3m. A study on the feasibility of extending any proposed commuter rail project through the 30th Street corridor in the city of Milwaukee to the northern county line of Milwaukee County.

SB2, s. 1850t Section 1850t. 59.58 (6) (e) 4r. and 6. of the statutes are repealed.

SB2, s. 1850u Section 1850u. 59.58 (6) (f) of the statutes is created to read:

SB2,29,24 59.58 (6) (f) 1. The authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.

SB2,30,4 2. The authority may issue bonds in an aggregate principal amount not to exceed $50,000,000, excluding bonds issued to refund outstanding bonds issued under this subdivision, for the purpose of providing funds for the anticipated local funding share required for initiating KRM commuter rail link service.

SB2,30,6 3. Neither the governing body of the authority nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.

SB2,30,11 4. The bonds of the authority are not a debt of the counties that created the authority. Neither these counties nor the state are liable for the payment of the bonds. The bonds of the authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this subdivision on the face of the bonds.

SB2,31,2 5. Bonds of the authority shall be authorized by resolution of the authority's governing body. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment, at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of the authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes. The authority may sell the bonds at public or private sales at the price or prices determined by the authority. If a member of the governing body of the authority whose signature appears on any bonds or coupons ceases to be a member of the governing body of the authority before the delivery of such obligations, the member's signature shall, nevertheless, be valid for all purposes as if the member had remained a member until delivery of the bonds.

SB2,31,14 6. The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. The authority may issue refunding bonds at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium on the bonds, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture, or other security instruments. To the extent applicable, refunding bonds are subject to subd. 5.

SB2, s. 11 Section 11. Chapter 77 (title) of the statutes is amended to read:

SB2,32,3 CHAPTER 77 TAXATION OF FOREST CROPLANDS; REAL ESTATE TRANSFER FEES; SALES AND USE TAXES; COUNTY AND SPECIAL DISTRICT SALES AND USE TAXES; MANAGED FOREST LAND; TEMPORARY RECYCLING SURCHARGE; LOCAL FOOD AND BEVERAGE TAX; LOCAL RENTAL CAR TAX; Premier resort area taxes; state rental vehicle fee; dry cleaning fees; regional transit authority fee;

SB2,32,4 oil company assessment

SB2, s. 2494d Section 2494d. 77.9971 of the statutes is amended to read:

SB2,32,17 77.9971 Imposition. A regional transit authority under s. 59.58 (6) may impose a fee at a rate not to exceed $2 $15 for each transaction in the region, as defined in s. 59.58 (6) (a) 2., on the rental, but not for rerental and not for rental as a service or repair replacement vehicle, of Type 1 automobiles, as defined in s. 340.01 (4) (a), by establishments primarily engaged in short-term rental of passenger cars without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m), (9), or (9a). The fee imposed under this subchapter shall be effective on the first day of the first month that begins at least 90 days after the governing body of the regional transit authority approves the imposition of the fee and notifies the department of revenue. The governing body shall notify the department of a repeal of the fee imposed under this subchapter at least 60 days before the effective date of the repeal.

SB2, s. 12 Section 12. Subchapter XIV of chapter 77 [precedes 77.998] of the statutes is created to read:

SB2,32,20 CHAPTER 77

SB2,32,22 SUBCHAPTER XIV oil company assessment

SB2,32,23 77.998 Definitions. In this subchapter:

SB2,32,25 (1) "Biodiesel fuel" means biodiesel fuel, as defined in s. 168.14 (2m) (a), that is not blended with any petroleum product.

SB2,33,1 (2) "Department" means the department of revenue.

SB2,33,8 (2m) "Gross receipts" means all consideration received from the first sale of motor vehicle fuel received by a supplier for sale in this state, for sale for export to this state, or for export to this state, not including state or federal excise taxes, or petroleum inspection fees, collected from the purchaser. "Gross receipts" does not include consideration received from the first sale of motor vehicle fuel received by a supplier for sale in this state, for sale for export to this state, or for export to this state, if the motor vehicle fuel is motor vehicle fuel specified under s. 78.01 (2) or (2m).

SB2,33,9 (3) "Motor vehicle fuel" has the meaning given in s. 78.005 (13).

SB2,33,11 (4) "Related party" means a person whose relationship with the supplier is described under section 267 (b) of the Internal Revenue Code.

SB2,33,12 (5) "Supplier" has the meaning given in s. 78.005 (14).

SB2,33,13 (6) "Terminal operator" has the meaning given in s. 78.005 (16).

SB2,33,18 77.9981 Imposition. (1) For the privilege of doing business in this state, there is imposed an assessment on each supplier at the rate of 2.5 percent of the supplier's gross receipts in each calendar quarter that are derived from the first sale in this state of motor vehicle fuel received by the supplier for sale in this state, for sale for export to this state, or for export to this state.