Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,9244 Section 9244. Fiscal changes; Transportation.

SB70-SSA2-SA2,124,24 (1) Transportation facilities revenue obligation repayment fund. There is transferred from the general fund to the trust fund created under s. 84.59 (2) (c) $379,369,800 during the 2023-25 fiscal biennium.”.

SB70-SSA2-SA2,125,1 233. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,125,3 “ Section 173. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-SSA2-SA2,174 Section 174. 20.395 (1) (bt) of the statutes is created to read:

SB70-SSA2-SA2,125,7 20.395 (1) (bt) Transit capital assistance grants. As a continuing appropriation, the amounts in the schedule for transit capital assistance grants under s. 85.203.

SB70-SSA2-SA2,175 Section 175. 85.203 of the statutes is created to read:

SB70-SSA2-SA2,125,9 85.203 Transit capital assistance grants. (1) In this section:

SB70-SSA2-SA2,125,10 (a) “Eligible applicant" has the meaning given in s. 85.20 (1) (b).

SB70-SSA2-SA2,125,13 (b) “Public transit vehicle" means any vehicle used for providing transportation service to the general public that is eligible for replacement under settlement guidelines, as defined in s. 16.047 (1) (b).

SB70-SSA2-SA2,125,17 (2) The department shall administer a transit capital assistance grant program. From the appropriation under s. 20.395 (1) (bt), the department shall award grants to eligible applicants for the replacement of public transit vehicles. The department shall establish criteria for awarding grants under this section.”.

SB70-SSA2-SA2,125,18 234. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,125,20 “ Section 176. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB70-SSA2-SA2,177 Section 177. 20.395 (2) (ja) of the statutes is created to read:

SB70-SSA2-SA2,126,4 20.395 (2) (ja) Local traffic calming grants. From the general fund, as a continuing appropriation, the amounts in the schedule for the local traffic calming grant program under s. 85.024.

SB70-SSA2-SA2,178 Section 178. 85.024 of the statutes is created to read:

SB70-SSA2-SA2,126,14 85.024 Local traffic calming grants. The department shall develop and administer a local traffic calming grant program. From the appropriation under s. 20.395 (2) (ja), the department shall award grants to counties, cities, villages, and towns for infrastructure projects that are eligible for funding under the federal transportation alternatives program and that are designed to reduce the speed of vehicular traffic. The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this section and shall establish criteria for evaluating applications and for awarding grants under this section.”.

SB70-SSA2-SA2,126,15 235. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,126,16 “ Section 179. 86.51 of the statutes is repealed.”.

SB70-SSA2-SA2,126,17 236. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,126,18 “ Section 180. 86.19 (1) of the statutes is amended to read:

SB70-SSA2-SA2,127,3 86.19 (1) Except as provided in sub. (1m), (1n), or (1o), or (1p) or s. 84.01 (30) (g), no sign shall be placed within the limits of any street or highway except such as are necessary for the guidance or warning of traffic or as provided by ss. 60.23 (17m) and 66.0429. The authorities charged with the maintenance of streets or highways shall cause the removal therefrom and the disposal of all other signs.

SB70-SSA2-SA2,181 Section 181. 86.19 (1p) of the statutes is created to read:

SB70-SSA2-SA2,127,9 86.19 (1p) (a) In this subsection, “tribal nation welcome sign” means an official sign erected and maintained by a federally recognized American Indian tribe or band in this state that the tribe or band determines is necessary to inform motorists of the territorial boundaries of the Indian reservation or other land held in trust for the tribe or band.

SB70-SSA2-SA2,127,17 (b) A federally recognized American Indian tribe or band in this state may erect and maintain within the right-of-way of any highway within the boundaries of an Indian reservation or other land held in trust for the tribe or band a tribal nation welcome sign. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways. A sign placed under this subsection is not a traffic control device and is not subject to the provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e).”.

SB70-SSA2-SA2,127,18 237. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,127,19 “ Section 182. 84.01 (35) (b) of the statutes is amended to read:

SB70-SSA2-SA2,128,2 84.01 (35) (b) Except as provided in par. (d) (c), and notwithstanding any other provision of this chapter or ch. 82, 83, or 85, the department shall give due consideration to establishing ensure that bikeways and pedestrian ways are established in all new highway construction and reconstruction projects funded in whole or in part from state funds or federal funds appropriated under s. 20.395 or 20.866.

SB70-SSA2-SA2,183 Section 183. 84.01 (35) (c) of the statutes is created to read:

SB70-SSA2-SA2,128,6 84.01 (35) (c) The department shall promulgate rules identifying exceptions to the requirement under par. (b), but these rules may provide for an exception only if any of the following applies:

SB70-SSA2-SA2,128,14 2. The cost of establishing bikeways or pedestrian ways would be excessively disproportionate to the need or probable use of the bikeways or pedestrian ways. For purposes of this subdivision, cost is excessively disproportionate if it exceeds 20 percent of the total project cost. The rules may not allow an exception under this subdivision to be applied unless the secretary of transportation, or a designee of the secretary who has knowledge of the purpose and value of bicycle and pedestrian accommodations, reviews the applicability of the exception under this subdivision to the particular project at issue.

SB70-SSA2-SA2,128,16 3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.

SB70-SSA2-SA2,128,18 4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.

SB70-SSA2-SA2,128,20 5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.

SB70-SSA2-SA2,184 Section 184. 84.01 (35) (d) (intro.) and 2. of the statutes are repealed.

SB70-SSA2-SA2,185 Section 185. 84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.”.

SB70-SSA2-SA2,128,23 238. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,128,24 “ Section 186. 84.54 of the statutes is repealed.”.

SB70-SSA2-SA2,129,1 239. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,129,2 “ Section 187. 343.06 (1) (c) of the statutes is amended to read:

SB70-SSA2-SA2,130,3 343.06 (1) (c) To any person under age 18 unless the person is enrolled in a school program or high school equivalency program and is not a habitual truant as defined in s. 118.16 (1) (a), has graduated from high school or been granted a declaration of high school graduation equivalency, or is enrolled in a home-based private educational program, as defined in s. 115.001 (3g), and has satisfactorily completed a course in driver education in public schools approved by the department of public instruction, or in technical colleges approved by the technical college system board, or in nonpublic and private schools or tribal schools, as defined in s. 115.001 (15m), that meet the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state and has attained the age of 16, except as provided in s. 343.07 (1g). The department shall not issue a license to any person under the age of 18 authorizing the operation of “Class M" vehicles unless the person has successfully completed a basic rider course approved by the Wisconsin department of transportation motorcycle safety program. The department may, by rule, exempt certain persons from the basic rider course requirement of this paragraph. Applicants for a license under s. 343.08 or 343.135 are exempt from the driver education, basic rider or driver training course requirement. The secretary shall prescribe rules for licensing of schools and instructors to qualify under this paragraph. The driver education course shall be made available to every eligible student in the state. Except as provided under s. 343.16 (1) (a) 5., (bm), and (c) and (2) (cm) to (e), no operator's license may be issued unless a driver's examination has been administered by the department.

SB70-SSA2-SA2,188 Section 188. 343.085 (2m) (b) 2. of the statutes is amended to read:

SB70-SSA2-SA2,130,9 343.085 (2m) (b) 2. If the department extends a restriction period under subd. 1., the department shall immediately provide notice of the extension by 1st class mail to the person's last-known residence address, or if the person has requested electronic notification in the manner prescribed by the department, by any electronic means offered by the department.

SB70-SSA2-SA2,189 Section 189. 343.14 (3) of the statutes is amended to read:

SB70-SSA2-SA2,130,18 343.14 (3) Except as provided in sub. (3m) and s. 343.16 (3) (c), the department shall, as part of the application process, take a digital photograph including facial image capture of the applicant to comply with s. 343.17 (3) (a) 2. Except as provided in sub. (3m) and s. 343.16 (3) (c), no application may be processed without the photograph being taken. Except as provided in sub. (3m) and s. ss. 343.16 (3) (c) and 343.165 (4) (d), in the case of renewal licenses, the photograph shall be taken once every 8 years, and shall coincide with the appearance for examination which is required under s. 343.16 (3).

SB70-SSA2-SA2,190 Section 190. 343.16 (1) (a) 1. of the statutes is amended to read:

SB70-SSA2-SA2,130,25 343.16 (1) (a) 1. Except as provided in subd. 5. and when examination by an authorized 3rd-party tester is permitted under pars. (b) to (c), the department shall examine every applicant for an operator's license, including applicants for license renewal as provided in sub. (3), and every applicant for authorization to operate a vehicle class or type for which the applicant does not hold currently valid authorization, other than an instruction permit.

SB70-SSA2-SA2,191 Section 191. 343.16 (1) (a) 2. a. of the statutes is amended to read:

SB70-SSA2-SA2,131,7 343.16 (1) (a) 2. a. Except as provided in par. (cm) and sub. (2) (cm) and (e), the examinations of applicants for licenses authorizing operation of “Class A", “Class B", “Class C", “Class D" or “Class M" vehicles shall include both a knowledge test and an actual demonstration in the form of a driving skills test of the applicant's ability to exercise ordinary and reasonable control in the operation of a representative vehicle.

SB70-SSA2-SA2,192 Section 192. 343.16 (1) (a) 5. of the statutes is created to read:

SB70-SSA2-SA2,131,10 343.16 (1) (a) 5. The department may waive the driving skills test of an individual applying for an operator's license if all of the following apply:

SB70-SSA2-SA2,131,11 a. The applicant is under 18 years of age.

SB70-SSA2-SA2,131,12 b. The application is for authorization to operate only “Class D" vehicles.

SB70-SSA2-SA2,131,21 c. The applicant has satisfactorily completed a course in driver education in a public school approved by the department of public instruction, or in a technical college approved by the technical college system board, or in a nonpublic and private school or tribal school, as defined in s. 115.001 (15m), that meets the minimum standards set by the department of public instruction, or has satisfactorily completed a substantially equivalent course in driver training approved by the department and given by a school licensed by the department under s. 343.61, or has satisfactorily completed a substantially equivalent course in driver education or training approved by another state.

SB70-SSA2-SA2,131,23 d. An adult sponsor who has signed for the applicant under s. 343.15 (1) consents to a waiver of the driving skills test.

SB70-SSA2-SA2,193 Section 193. 343.16 (3) (a) of the statutes is amended to read:

SB70-SSA2-SA2,132,16 343.16 (3) (a) Except as provided in s. 343.165 (4) (d), the department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. Subject to par. pars. (am) and (c), the examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

SB70-SSA2-SA2,194 Section 194. 343.16 (3) (c) of the statutes is created to read:

SB70-SSA2-SA2,132,20 343.16 (3) (c) 1. An applicant for the renewal of an operator's license may apply for the license, and the department may issue the license, by any electronic means offered by the department if all of the following apply:

SB70-SSA2-SA2,132,22 a. The applicant verifies that his or her eyesight is sufficient to meet the current eyesight standards.

SB70-SSA2-SA2,132,24 b. The applicant satisfies any eligibility criteria established by the department under subd. 2.

SB70-SSA2-SA2,133,2 2. The department may establish additional criteria for eligibility for license renewal by electronic means under this paragraph.

SB70-SSA2-SA2,133,4 3. a. The department may renew a license under this paragraph without a test of eyesight.

SB70-SSA2-SA2,133,7 b. Subject to s. 343.165 (7), the department may renew a license under this paragraph without a photograph being taken if the department is able to produce a photograph of the applicant from its records.

SB70-SSA2-SA2,133,9 4. The department may not make consecutive renewals of an operator's license by electronic means.

SB70-SSA2-SA2,195 Section 195. 343.305 (8) (b) 7. of the statutes is amended to read:

SB70-SSA2-SA2,133,19 343.305 (8) (b) 7. The hearing examiner shall notify the person in writing of the hearing decision, of the right to judicial review and of the court's authority to issue a stay of the suspension under par. (c). If the person has requested electronic communication in the manner prescribed by the department, the hearing examiner may provide the notice under this subdivision by any electronic means offered by the department. The administrative suspension is vacated and the person's operating privilege shall be automatically reinstated under s. 343.39 if the hearing examiner fails to mail or provide this notice in the manner specified under this subdivision to the person within 30 days after the date of the notification under par. (a).

SB70-SSA2-SA2,196 Section 196. 343.315 (4) of the statutes is amended to read:

SB70-SSA2-SA2,134,3 343.315 (4) Notification and commencement. The Except as provided in this section, the department shall send the a notice of disqualification under this section by 1st class mail to a person's last-known residence address. If a person has requested electronic notification in the manner prescribed by the department, the department may provide the notice of disqualification by any electronic means offered by the department. A period of disqualification ordered under this section commences on the date on which the notice is sent under this subsection. This subsection does not apply to disqualifications under sub. (2) (g).

SB70-SSA2-SA2,197 Section 197. 343.44 (3) of the statutes is amended to read:

SB70-SSA2-SA2,134,17 343.44 (3) Failure to receive notice. Refusal to accept or failure to receive an order of revocation, suspension, or disqualification mailed by 1st class mail to such person's last-known address shall not be provided as authorized by the statutes is not a defense to the charge of driving after revocation, suspension , or disqualification. If the person has changed his or her address and fails to notify the department as required in s. 343.22 then failure to receive notice of revocation, suspension, or disqualification shall not be mailed as authorized by the statutes is not a defense to the charge of driving after revocation, suspension or disqualification. If a person has requested electronic notification in the manner prescribed by the department and the person has changed the electronic contact information provided to the department without informing the department, failure to receive notice of revocation, suspension, or disqualification is not a defense to the charge of driving after revocation, suspension, or disqualification.

SB70-SSA2-SA2,198 Section 198. 344.02 (1) of the statutes is amended to read:

SB70-SSA2-SA2,135,10 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount of security required to be deposited and that an order of suspension or impoundment will be made if such the security is not deposited, it the department shall afford the person so notified subject to the proposed action an opportunity for a hearing on the proposed action, if written request for a hearing is received by the department prior to the date specified in the notice, or prior to the postponed effective date of suspension if postponement has been granted under s. 344.14 (1). Upon Except as provided under this section, upon receipt of timely request for hearing, the department shall fix the time and place of the hearing and give notice thereof of the time and place of the hearing to such the person by regular mail. If the person has requested electronic notification in the manner prescribed by the department, the department may provide the notice of the time and place of the hearing by any electronic means offered by the department. The scope of the hearing is limited to the matter set forth in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the owner of the motor vehicle to be impounded. Any person who fails without reasonable cause to appear at the time and place specified in the notice shall forfeit the right to a hearing.

SB70-SSA2-SA2,199 Section 199. 344.13 (2) of the statutes is amended to read:

SB70-SSA2-SA2,135,25 344.13 (2) The secretary shall determine the amount of security required to be deposited by each person on the basis of the accident reports or other information submitted. In addition to the accident reports required by law, the secretary may request from any of the persons, including passengers and pedestrians, involved in such accident such further information, sworn statements, or other evidence relating to property damage, personal injury, or death in motor vehicle accidents as deemed necessary to aid in determining the amount to be deposited as security under s. 344.14. Failure of a person to comply with such request is grounds for suspending such person's operating privilege but no suspension shall be made on such grounds until one follow-up request has been made and at least 20 days have elapsed since the mailing of providing the first request. The first request under this subsection shall be mailed to the person or, if the person has requested electronic communication in the manner prescribed by the department, may be provided by any electronic means offered by the department

SB70-SSA2-SA2,200 Section 200. 351.025 (2) of the statutes is amended to read:

SB70-SSA2-SA2,136,5 351.025 (2) The revocation is effective Revocation under this section takes effect on the date the department mails, if the notice is sent be 1st class mail, or provides, if the notice is by electronic means, the notice of revocation under s. 351.027 (1).

SB70-SSA2-SA2,201 Section 201. 351.027 (1) of the statutes is amended to read:

SB70-SSA2-SA2,136,14 351.027 (1) Whenever the secretary under authority of s. 351.025 revokes a person's operating privilege under s. 351.025, the secretary shall immediately notify the person in writing of the revocation and of the person's right to a hearing on the revocation as provided in sub. (2). The. Except as provided in this subsection, the department shall send the notice by 1st class mail to the address most recently provided to the department by the person. If a person has requested electronic notification in the manner prescribed by the department, the department may provide the notice by any electronic means offered by the department.” .

SB70-SSA2-SA2,136,15 240. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,136,16 “ Section 202. 343.301 (1g) (a) 2. a. of the statutes is amended to read:

SB70-SSA2-SA2,136,18 343.301 (1g) (a) 2. a. The person had an offense involved the use of alcohol concentration of 0.15 or more at the time of the offense.

SB70-SSA2-SA2,9344 Section 9344. Initial applicability; Transportation.

SB70-SSA2-SA2,136,22 (1) Ignition interlock device requirement expansion. The treatment of s. 343.301 (1g) (a) 2. a. first applies to violations committed on the effective date of this subsection.”.

SB70-SSA2-SA2,136,23 241. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,136,24 “ Section 203. 347.50 (2m) (a) of the statutes is amended to read:

SB70-SSA2-SA2,137,3 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person 16 years of age or older who violates s. 347.48 (2m) (d) shall be required to forfeit $10 $25.”.

SB70-SSA2-SA2,137,4 242. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,137,5 “ Section 204. 343.17 (3) (d) 1g. of the statutes is amended to read: