LRB-3304/1
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October 2007 Special Session
2007 - 2008 LEGISLATURE
October 15, 2007 - Introduced by
Committee on Senate Organization. Referred to
Joint Committee on Finance.
SB2,3,5
1An Act to repeal 20.395 (2) (jq), (jv) and (jx), 59.58 (6) (e) 4r. and 6., 84.014 (5m)
2(b) 1., 85.243, 343.06 (1) (j), 343.17 (3) (a) 14. and 343.22 (1);
to renumber
384.014 (5m) (a) and 343.01 (2) (dg);
to renumber and amend 110.20 (8), 114.09
4(1) (a), 114.09 (1) (b), 343.35 (1), 343.50 (1) and 343.50 (5);
to consolidate,
5renumber and amend 343.14 (2) (er) 1. and 2.;
to amend 13.489 (5) (b), 16.50
6(1) (a), 16.50 (6), 20.395 (2) (ft), 20.395 (2) (nx), 20.395 (3) (cq), 20.395 (6) (au),
720.866 (2) (up), 20.866 (2) (uup), 20.866 (2) (uv), 20.866 (2) (uw), 46.03 (18) (f),
851.42 (3) (ar) 4. b., 59.58 (6) (cr), chapter 77 (title), 77.9971, 84.01 (21), 84.013
9(4) (a), 84.06 (1m), 84.555 (1m) (a), 84.59 (6), 85.024 (2), 85.035, 85.061 (3) (a)
101., 85.20 (4m) (a) 6. cm., 85.20 (4m) (a) 6. d., 85.20 (4m) (a) 7. b., 85.20 (4m) (a)
118. b., 86.30 (2) (a) 3., 86.30 (9) (b), 86.30 (9) (c), 86.31 (3g), 86.31 (3m), 86.31 (3r),
12110.08 (1m), 110.20 (7), 110.20 (8) (title), 110.20 (10m), 110.20 (11), 110.21,
13114.09 (title), 194.23 (1), 194.34 (1), 194.41 (1), 285.30 (5) (a), 285.30 (5) (b),
14285.30 (5) (d), 341.25 (1) (a), 341.25 (2) (a), 341.25 (2) (b), 341.25 (2) (c), 341.25
1(2) (cm) to (q), 342.14 (3m), 343.01 (2) (d), 343.03 (3) (intro.), 343.03 (6) (a),
2343.06 (1) (L), 343.10 (2) (a) (intro.), 343.10 (6), 343.10 (7) (b), 343.10 (7) (d),
3343.10 (7) (f), 343.135 (1) (a) 3., 343.135 (7), 343.14 (2) (a) and (br), 343.14 (2)
4(f), 343.14 (3), 343.14 (4m), 343.16 (3) (a), 343.17 (1), 343.17 (2), 343.17 (3) (a)
51. and 5., 343.17 (5), 343.19 (1), 343.20 (1) (a), 343.20 (1) (f), 343.20 (1m), 343.20
6(1m), 343.20 (2) (a), 343.22 (2) (intro.) and (a), 343.22 (2m), 343.22 (2m), 343.22
7(3), 343.22 (3), 343.23 (2) (a) (intro.), 343.23 (2) (b), 343.23 (5), 343.235 (3) (a),
8343.237 (2), 343.237 (3) (intro.), 343.24 (3), 343.24 (4) (c) 1., 343.26, 343.26,
9343.265 (2), 343.30 (5), 343.305 (8) (b) 5. (intro.), 343.305 (8) (c) 5., 343.305 (11),
10343.307 (1) (intro.), 343.315 (3) (b), 343.38 (1) (a), 343.38 (2), 343.39 (1) (a),
11343.43 (1) (a), 343.43 (1) (g), 343.50 (1), 343.50 (2), 343.50 (3), 343.50 (4), 343.50
12(5), 343.50 (6), 343.50 (6), 343.50 (8) (a), 343.50 (8) (b), 343.50 (10) (intro.) and
13(a), 344.18 (1) (intro.), 344.18 (3) (intro.), 344.19 (3), 345.47 (1) (c), 346.03 (1),
14347.25 (1), 347.38 (4) and 348.21 (3g) (intro.);
to repeal and recreate 114.09
15(2), 343.027, 343.14 (1), 343.14 (2j) and 348.21 (3g) (intro.); and
to create 13.489
16(5) (c), 16.50 (1) (c), 20.395 (2) (cw), 20.395 (2) (ov), 20.395 (2) (ox), 20.395 (2) (qv),
1720.395 (2) (qx), 25.40 (1) (bd), 59.58 (6) (cb), 59.58 (6) (e) 3g., 59.58 (6) (e) 3m.,
1859.58 (6) (f), subchapter XIV of chapter 77 [precedes 77.998], 84.013 (3m) (d),
1984.013 (3m) (e), 84.014 (5m) (ag), 84.014 (5m) (b) 2., 84.014 (5r), 84.02 (15), 84.06
20(1r), 84.101, 84.1023, 84.30 (5m), 85.029, 85.515, 86.196 (6), 110.08 (5), 110.09,
21110.20 (8) (am) 1m., 110.20 (8) (bm), 110.20 (9) (k), 114.09 (1) (a) 2., 114.09 (1)
22(b) 1m., 194.407, 340.01 (3) (dg), 340.01 (3) (dh), 343.03 (3m), 343.14 (2) (es) 1.
23and 4., 343.14 (2r), 343.165, 343.21 (1) (n), 343.307 (1) (g), 343.35 (1) (b), 343.50
24(1) (b) and (c), 343.50 (5m), 343.50 (8) (c), 343.50 (10) (c), 346.03 (5m) and 348.15
25(3) (f) of the statutes;
relating to: state finances and appropriations for the
1Department of Transportation, the operations and programs of the Department
2of Transportation, creating an oil company assessment, commuter rail transit
3systems, authorized emergency vehicles, intoxicated operation of an aircraft,
4bonding authority, granting rule-making authority, making appropriations,
5and providing penalties.
Analysis by the Legislative Reference Bureau
Introduction
This bill contains appropriations from segregated funds and from the general
fund for the Department of Transportation (DOT) for the 2007-09 fiscal biennium.
The bill repeals and recreates the appropriation schedule in chapter 20 of the
statutes as it relates to ss. 20.395 and 20.865 (4) (u), stats., thereby setting the
appropriation levels for DOT for the 2007-09 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.
For additional information concerning this bill, see the Legislative Reference
Bureau's drafting files, which contain separate drafts on each policy item and
references to the Legislative Fiscal Bureau's Comparative Summary, Budget
Provisions of the Senate and Assembly dated July 16, 2007 and Comparative
Summary of Budget Recommendations, Governor and Joint Committee on Finance
dated June, 2007.
Transportation
Transportation revenue
This bill imposes an assessment on a motor vehicle fuel supplier at the rate of
2.5 percent of the supplier's gross receipts from the first sale of motor vehicle fuel in
this state. The supplier may take no action to increase or influence the selling price
of motor vehicle fuel in order to recover the amount of the assessment. For the
purpose of determining the amount of the assessment, income derived from the first
sale in this state of biodiesel fuel or ethanol blended with gasoline to create gasoline
consisting of at least 85 percent ethanol is not included in the supplier's gross
receipts. The revenue collected from the assessment is deposited into the
transportation fund.
Highways
Current law includes provisions applicable to southeast Wisconsin freeway
rehabilitation projects, including the Marquette interchange reconstruction project.
Under current law, DOT may contract up to $213,100,000 in public debt for the
Marquette interchange reconstruction project. DOT generally may not expend
moneys, other than bonding proceeds, for any southeast Wisconsin freeway
rehabilitation project that involves adding lanes five miles or more in length to an
existing freeway absent enumeration of the project by the legislature. Currently no
such projects are enumerated.
This bill enumerates the I 94 north-south corridor project in southeastern
Wisconsin. The bill also increases the general obligation bonding limit and allows
proceeds from this bonding also to be used to fund the I 94 north-south corridor
project.
Under current law, the Building Commission may issue revenue bonds for
major highway projects and transportation administrative facilities in a principal
amount that, with certain exclusions, may not exceed $2,324,377,900. This bill
increases the revenue bond limit.
Drivers and motor vehicles
This bill incorporates into state law the requirements contained in the federal
REAL ID Act necessary for federal agencies to recognize for an official purpose
operator's licenses and identification cards issued by this state. Under the act, an
official purpose includes accessing federal facilities, boarding federally regulated
commercial aircraft, and any other purpose identified by the federal Department of
Homeland Security (DHS).
Under this bill, DOT may not, after the later of May 10, 2008 or the date DOT
is ready to implement the REAL ID Act, issue or renew an operator's license or
identification card unless the applicant presents, and DOT verifies, all of the
following information:
1. An identification document that includes either the applicant's photograph
or both the applicant's full legal name and date of birth.
2. Documentation showing the applicant's date of birth.
3. Proof of the applicant's social security number or verification that the
applicant is not eligible for a social security number.
4. Documentation showing the applicant's name and address of principal
residence.
5. Valid documentary proof that the individual is a citizen or national of the
United States or an alien lawfully admitted for permanent or temporary residence
in the United States.
In processing the application for an operator's license or identification card,
DOT must capture and retain for at least ten years a digital image of each document
presented. DOT must verify each document presented in the manner and to the
extent required under federal law. DOT must record in the applicant's file or record
the date on which verification is completed.
This bill creates a $10 federal security verification mandate fee that must be
paid to DOT for the issuance, renewal, upgrading, or reinstatement of any operator's
license, endorsement, instruction permit, or identification card.
For certain noncitizen applicants who present specified forms of status or
authorization of legal presence in the United States, the bill requires DOT to issue
operator's licenses or identification cards displaying a legend identifying the license
as temporary. Such a license or identification card may not be renewed unless the
applicant presents valid documentary proof that DHS extended the status by which
the applicant qualified for the license or identification card. Under current law, an
operator's license or identification card issued to a noncitizen generally expires on
the date the person's legal presence in the United States is no longer authorized.
Under the bill, under certain circumstances, a temporary operator's license or
identification card issued to a noncitizen expires one year after issuance.
The bill specifies that every operator's license and identification card must
include a digital color photograph of the applicant and that an applicant who does
not provide a social security number must provide the basis for his or her ineligibility
for a social security number.
Under current law, upon request, DOT must provide to the commercial driver
license information system and the driver licensing agencies of other states any
applicant or driver record information maintained by DOT. This bill specifies that
upon request, DOT must provide to any driver licensing agency of another state
electronic access to any record or file of an operator's license or identification card
applicant, including any photograph, signature, or social security number appearing
in such a record or file. Also, DOT may provide to DHFS certain applicant
information for the sole purpose of verification by DHFS of birth certificate
information.
The bill requires DOT to implement certain security procedures with regard to
the issuance of operator's licenses and identification cards. The bill provides for DOT
to perform background investigations on employees or new hirees in its Division of
Motor Vehicles (DMV). Before allowing a person to access an information system
maintained by DMV, DOT must require the person's employer to conduct a
background investigation. DOT may use the results of the investigation to deny or
restrict access to DMV information.
The bill extends the valid period for an identification card from four years to
eight years.
This bill increases the annual fee for registering automobiles and motor trucks.
Under current law, DOT administers, in a manner provided under federal law,
a single-state insurance registration system for for-hire motor carriers allowing
interstate carriers to register in, and pay applicable fees to, a single state with regard
to proof of motor carrier insurance requirements. Under federal law, the single-state
insurance registration system is scheduled to be repealed and replaced by a unified
carrier registration system.
This bill authorizes DOT to participate in the new unified carrier registration
system and to impose registration fees on all motor carriers, including private motor
carriers.
Current law requires DOT to conduct a motor vehicle emission inspection and
maintenance program (I/M program) in counties where air quality does not meet
certain federal standards. Under the I/M program, most motor vehicles that are
subject to emission limitations established by DNR must pass periodic emission
inspections and may not be registered by DOT unless they have passed these
inspections. Certain motor vehicles are exempt from emission inspections. DOT is
required to contract with third parties to perform vehicle emission inspections under
the I/M program.
This bill exempts from emission inspections vehicles of model year 1967 to
model year 1995, vehicles of model year 2007 or later that weigh between 10,001
pounds and 14,000 pounds, and vehicles of model year 2007 or later that are powered
by diesel fuel. The bill also allows the operation of self-service inspection stations.
The bill requires DOT to maintain DMV service centers in certain
municipalities under certain circumstances.
The bill provides certain vehicles transporting organs for human
transplantation and other medical personnel and devices the traffic law privileges
of authorized emergency vehicles.
Transportation aids
Under current law, DOT makes general transportation aids payments to a
county based on a share-of-costs formula, and to a village, city, or town
(municipality) based on the greater of a share-of-costs formula for municipalities or
an aid rate per mile, which is $1,862 for 2006 and $1,899 for 2007 and thereafter.
This bill increases the aid rate per mile.
This bill increases the maximum amount of general transportation aids that
may be paid to counties and municipalities.
Under current law, DOT provides state aid to local public bodies in urban areas
served by mass transit systems to assist with the expenses of operating those
systems. This bill increases the total amount of state aid for mass transit systems.
This bill creates a Safe Routes to School Program to promote children walking
or riding bicycles to school and to increase the safety and reduce traffic in the vicinity
of schools. The program must be consistent with the federal Safe Routes to School
Program and incorporate regulations under that federal law.
Under current law, DOT administers a Local Roads Improvement Program,
which includes an entitlement component and a nonentitlement component. This
bill increases DOT's allocations for the nonentitlement component.
Rail and air transportation
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.
