AB56: Bill Text

Drivers and motor vehicles

Driver's cards

Under 2007 Wisconsin Act 20, certain provisions specified in the federal REAL ID Act of 2005 (REAL ID) were incorporated into state law and these provisions became effective on January 1, 2013. Among these provisions was the requirement that DOT follow certain procedures in processing applications for driver's licenses and identification cards. However, under 2011 Wisconsin Acts 23 and 32, DOT may process applications for driver's licenses and identification cards in a manner other than that required by REAL ID if the driver's licenses and identification cards are marked to indicate that they are not REAL ID compliant, and DOT processes the applications in compliance with DOT practices and procedures applicable immediately prior to implementation of REAL ID.

Under current law, an applicant for a driver's license or identification card, regardless of whether it is REAL ID compliant or REAL ID noncompliant, must provide to DOT a) an identification document that includes either the applicant's photograph or both the applicant's full legal name and date of birth; b) documentation, which may be the same as item a, above, showing the applicant's date of birth; c) proof of the applicant's social security number or verification that the applicant is not eligible for a social security number; d) documentation showing the applicant's name and address of principal residence; and e) documentary proof that the applicant is a U.S. citizen or is otherwise lawfully present in the United States. However, in processing an application for a REAL ID noncompliant driver's license or identification card, DOT is not required to meet the standards for document retention and verification that are imposed for REAL ID compliant products.

Under this bill, an applicant for a REAL ID noncompliant driver's license or identification card (noncompliant REAL ID) is not required to provide documentary proof that the applicant is a U.S. citizen or is otherwise lawfully present in the United States. Also, an applicant may, in lieu of item a, above, provide an individual taxpayer identification number, a foreign passport, or any other documentation deemed acceptable to DOT and, in lieu of items b and d, above, provide documentation deemed acceptable to DOT. If the applicant does not have a social security number, the applicant is required to provide verification only that he or she does not have one, rather than verification that he or she is not eligible for one. In processing an application for, and issuing or renewing, a noncompliant REAL ID, DOT may not include any question or require any proof or documentation as to whether the applicant is a U.S. citizen or is otherwise lawfully present in the United States. The bill does not change any current law requirements related to driver qualifications such as minimum age or successful completion of knowledge and driving skills tests.

Under current law, most driver's licenses issued by DOT are issued for an initial two-year period and must be renewed every eight years thereafter. In general, an applicant for renewal of a driver's license must pass an eyesight test and have his or her photograph taken with each renewal. Most identification cards issued by DOT are issued for an initial period of eight years and are renewable for eight-year periods thereafter, and applicants, generally, must have their photograph taken with each renewal.

Under this bill, an applicant for a noncompliant REAL ID who does not provide a social security number is issued a noncompliant REAL ID that displays, on its face, the words “Not valid for voting purposes. Not evidence of citizenship or immigration status." and that has a four-year renewal period rather than an eight-year renewal period. With each renewal, DOT has discretion whether or not to take a new photograph and, for a driver's license, give an eyesight test. However, DOT must take a new photograph and, for a driver's license, give an eyesight test at least once every eight years.

With limited exceptions, DOT may not disclose social security numbers obtained from operator's license or identification card applicants. This bill prohibits DOT from disclosing the fact that an applicant has verified to DOT that the applicant does not have a social security number, except that DOT may disclose this information to the Elections Commission.

This bill also prohibits discrimination on the basis of a person's status as a holder or a nonholder of a noncompliant REAL ID, adding this license status as a prohibited basis for discrimination in employment, housing, and the equal enjoyment of a public place of accommodation or amusement.

2. Exemption from probationary license requirement for persons enlisted in the U.S. armed forces

Under current law, a probationary license is, with certain exceptions, issued to all applicants who qualify for an original driver's license and remains in effect for two years from the date of the licensee's next birthday. Currently, the following persons are exempt from this requirement:

a. Certain persons who have been licensed by another jurisdiction.

b. Persons who are issued a commercial driver license.

c. Persons entitled to a regular license under a foreign license reciprocity agreement.

Those who are exempt from the probationary license requirement are instead issued a regular license that remains in effect for eight years after the date of issuance.

Under this bill, a person who provides DOT with proof that the person is enlisted in the U.S. armed forces is also exempt from the probationary license requirement.

3. Vehicle title fee

Under current law, motor vehicles must be titled, and DOT issues a certificate of title to the new owner of a vehicle after ownership of the vehicle is transferred. The new owner pays a $62 title fee and a $7.50 supplemental title fee. This bill increases the title fee to $72.

4. Registration fees based on gross weight

Under current law, the registration fee for certain vehicles is based on the vehicle's gross weight and ranges from $75 for a vehicle weighing up to 4,500 pounds to $2,560 for a vehicle weighing up to 80,000 pounds. This bill increases registration fees based on gross vehicle weight by approximately 27 percent.

5. Hybrid electric vehicle definition

Under current law, in addition to an annual registration fee, DOT adds a surcharge of $75 for a motor truck or automobile that is a hybrid electric vehicle. Current law defines a hybrid electric vehicle to mean “a vehicle that is capable of using gasoline, diesel fuel, or alternative fuel to propel the vehicle but that is propelled to a significant extent by an electric motor that draws electricity from a battery that has a capacity of not less than 4 kilowatt hours and may be capable of being recharged from an external source of electricity.” This bill replaces the current definition of hybrid electric vehicle and defines the term to mean “a vehicle that is capable of using both electricity and gasoline, diesel fuel, or alternative fuel to propel the vehicle.”

6. Salvage vehicle inspectors

Under current law, a repaired salvage vehicle may not be registered or be issued a new certificate of title until an inspector authorized by DOT examines the vehicle to verify the title, source and ownership of parts, and compliance with safety equipment requirements. Current rules promulgated by DOT require that a person be a Wisconsin law enforcement officer or a full-time employee of DOT's division of state patrol and complete specified training to be qualified to conduct salvage inspections. This bill prohibits DOT from requiring that a salvage inspector be employed by the department or by a law enforcement agency.

Transportation aids

General transportation aids

Under current law, DOT makes general transportation aid payments to counties based on a share-of-costs formula and to municipalities based on the greater of a share-of-costs formula or an aid rate per mile. Under the bill, for calendar year 2020 and thereafter, the aid rate per mile is increased from $2,389 to $2,628. For calendar year 2020 and thereafter, this bill increases the maximum amount of aid that may be paid to counties under the program from $111,093,800 to $122,203,200 and increases the maximum amount of aid that may be paid to municipalities under the program from $348,639,300 to $383,503,200.

2. Mass transit aids amounts

Under current law, DOT provides state aid payments to local public bodies in urban areas served by mass transit systems to assist the local public bodies with the expenses of operating those systems. There are five classes of mass transit systems, and the total amount of state aid payments to four of these classes is limited to a specified amount in each calendar year. The fifth class consists of certain commuter or light rail systems, and no state aid amounts are specified for this class.

This bill increases the total amount of state aid payments to the four classes of mass transit systems for which state aid amounts are specified, as follows:

a. For mass transit systems having annual operating expenses of $80,000,000 or more, the bill maintains the current limit of $64,193,900 in calendar year 2019 and increases the limit to $70,613,300 in calendar year 2020 and thereafter.

b. For mass transit systems having annual operating expenses of over $20,000,000 but less than $80,000,000, the bill maintains the current limit of $16,868,000 in calendar year 2019 and increases the limit to $18,554,800 in calendar year 2020 and thereafter.

c. For mass transit systems serving urban areas having a population of at least 50,000 but having annual operating expenses of no more than $20,000,000, the bill maintains the current limit of $24,486,700 in calendar year 2019 and increases the limit to $26,935,400 in calendar year 2020 and thereafter.

d. For mass transit systems serving urban areas having a population of less than 50,000, the bill maintains the current limit of $5,188,900 in calendar year 2019 and increases the limit to $5,707,800 in calendar year 2020 and thereafter.

3. Local Roads Improvement Program discretionary grant amounts

Under current law, DOT administers the Local Roads Improvement Program (LRIP) to assist political subdivisions in improving seriously deteriorating local roads by reimbursing political subdivisions for certain improvements. LRIP includes an entitlement component and a discretionary component. Under the entitlement component, DOT distributes an appropriated amount to political subdivisions according to statutorily prescribed allocation percentages. Under the discretionary component, DOT allocates funds in fiscal year 2017-18 and each fiscal year thereafter as follows: $5,393,400 to fund eligible county trunk highway improvements, $5,923,600 to fund eligible town road improvements, and $3,850,400 to fund eligible municipal street improvements.

This bill increases DOT's allocations for the discretionary component of LRIP for fiscal year 2019-20 as follows: $5,569,400 to fund eligible county trunk highway improvements, $6,033,600 to fund eligible town road improvements, and $3,867,000 to fund eligible municipal street improvements. The bill increases the allocations for fiscal year 2020-21 and each fiscal year thereafter as follows: $5,688,400 to fund eligible county trunk highway improvements, $6,162,400 to fund eligible town road improvements, and $3,950,300 to fund eligible municipal street improvements.

4. Transit capital assistance grants

This bill requires DOT to establish a transit capital assistance grant program, under which DOT awards grants to eligible applicants for the replacement of public transit vehicles.

Rail and air transportation

Increase bonding for passenger rail capital projects

Under current law, DOT administers a rail passenger route development program under which DOT may fund the following:

a. Capital costs related to certain Amtrak service extension routes or certain other rail service routes.

b. Railroad track or rail passenger station improvements related to an Amtrak service extension route, or the establishment of commuter rail service, between the city of Milwaukee and Waukesha County.

c. Rail passenger station improvements related to an existing rail passenger service.

Current law provides $79,000,000 in general obligation bonding authority for the program but does not provide for other sources of program funding. However, not more than $10,000,000 of the bonding proceeds may be used for the purposes described in items b and c, above; no proceeds may be used without JCF approval; and no proceeds may be used for the purposes described in items a and b, above, unless DOT provides to JCF certain information.

This bill increases the general obligation bonding authority for the program from $79,000,000 to $124,000,000 but does not modify any of these other program funding limitations.

2. Freight rail preservation bonding

Under current law, the state may contract up to $250,300,000 in public debt for DOT to acquire railroad property and to provide grants and loans for railroad property acquisition and improvement. This bill increases the authorized general obligation bonding limit for these purposes to $280,300,000.

General transportation

Eliminate general fund transfer to transportation fund

Under current law, the secretary of administration must annually transfer from the general fund to the transportation fund 0.25 percent of estimated general fund tax revenues for the fiscal year or $35,127,000, whichever amount is greater. This bill repeals this requirement.

2. Next Generation 911 and WISCOM

Under current law, DMA is required to contract for the creation, operation, and maintenance of an emergency services network capable of meeting certain standards known collectively as Next Generation 911. DMA is also required to develop and operate a statewide public safety interoperable communication system, commonly referred to as WISCOM. To assist DMA in developing the ability of public safety agencies to communicate with each other, there is an interoperability council with a 911 subcommittee attached to DMA. This bill transfers the requirements relating to Next Generation 911 and WISCOM from DMA to DOT and attaches the interoperability council and 911 subcommittee to DOT. The bill also requires DOT to issue a request for proposals for a statewide public safety interoperable communications system to be deployed on existing tower sites and authorizes DOT to spend up to $500,000 for professional consulting services related to the request for proposals.

3. Harbor assistance program bonding

Under current law, the state may contract up to $120,000,000 in public debt for DOT to provide grants for harbor improvements. This bill increases the authorized general obligation bonding limit to $159,000,000 for this purpose.

4. Harbor assistance grants priority

Under current law, DOT administers the harbor assistance program under which eligible applicants may be awarded a grant to partially reimburse the applicant for expenses incurred in making certain harbor improvements. Under this bill, during the 2019-21 fiscal biennium, DOT must prioritize making grant awards under the harbor assistance program to municipalities in which a shipbuilder in the state is conducting operations.

veterans

Veterans outreach and recovery program

2017 Wisconsin Act 295 created a requirement that DVA administer a pilot program that expires on June 30, 2019, to provide outreach, mental health services, and support to certain individuals who are serving or who have served in the armed forces, who reside in Wisconsin, and who may have a mental health condition or substance use disorder. This bill continues the program on an ongoing basis.

2. Continuing appropriations

This bill changes the appropriations for the veterans home exchange program and the veterans cemetery operations from sum certain annual appropriations to continuing appropriations. An annual sum certain appropriation is expendable only for the fiscal year for which the appropriation is made and only up to the dollar amount shown in the schedule for that fiscal year. A continuing appropriation is expendable until fully depleted, and the moneys held therein do not lapse. Therefore, the effect of this change is to allow the moneys in the appropriations to continue to be spent until depleted.

3. General fund supplement to veterans trust fund

This bill changes the appropriation for the general fund supplement to the veterans trust fund from a sum certain annual appropriation to a sum sufficient appropriation. An annual sum certain appropriation is expendable only for the fiscal year for which the appropriation is made and only up to the dollar amount shown in the schedule for that fiscal year; whereas, a sum sufficient appropriation is expendable up to the amount that is necessary to accomplish the purpose specified. The effect of this change is to allow the secretary of administration to determine the amounts of money that may be expended for veterans programs by transferring moneys from the general fund to the veterans trust fund.

4. Elimination of the veterans housing loan program

This bill eliminates the veterans housing loan program. Under current law, DVA has authority to issue and service loans to veterans for certain housing related purposes.

5. Veterans Memorial Cemetery

This bill renumbers the appropriation for the Central Wisconsin Veterans Memorial Cemetery to be appropriately grouped with the other appropriations for the bureau of cemeteries.

6. Institutional appropriations

This bill repeals one of the appropriations that funds a program that provides grants to counties and tribes for the improvement of veterans services.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.

Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB56,1 Section 1. 1.12 (3) (d) of the statutes is created to read:

AB56,93,3 1.12 (3) (d) Carbon-free electricity. It is the goal of the state that all electricity produced within the state is 100 percent carbon-free by January 1, 2050.

AB56,2 Section 2 . 3.002 (intro.) and (1m) of the statutes are consolidated, renumbered 3.002 and amended to read:

AB56,93,9 3.002 Description of territory. In this chapter: (1m) Reference, reference to any county or municipality means that county or municipality as its boundaries exist on April 1 of the year of the federal decennial census on which the districting plan described under subch. II is based.

AB56,3 Section 3. 3.002 (2) of the statutes is repealed.

AB56,4 Section 4 . 3.004 (2) of the statutes is amended to read:

AB56,94,2 3.004 (2) “Ward" means a ward prescribed by a municipality based upon municipal boundaries in effect on April 1 of the year of the federal decennial census in accordance with the most recent revision of municipal wards under s. 5.15 upon which the districting plan described under subch. II is based and used in preparing congressional and legislative redistricting plans as required under s. 4.005.

AB56,5 Section 5. Subchapter I of chapter 4 [precedes 4.001] of the statutes is repealed and recreated to read:

AB56,94,5 CHAPTER 4

AB56,94,6 subchapter i