SB70: Bill Text

The bill creates an appropriation of state moneys from the transportation fund for the same purposes.

Traffic calming grants

Under the bill, DOT must develop and administer a local traffic calming grant program. Under the program, DOT must award grants to political subdivisions for infrastructure projects designed to reduce the speed of vehicular traffic.

Ray Nitschke Memorial Bridge

The bill requires DOT, in the 2023-24 fiscal year, to set aside $1,200,000 of the amounts appropriated to DOT for bridge development, construction, and rehabilitation for repairs to the Ray Nitschke Memorial Bridge in Brown County.

Bonding authority for Southern Bridge project

Under current law, the state may contract up to $46,849,800 in public debt for DOT to acquire, construct, develop, enlarge, or improve local bridges and interstate bridges. The bill authorizes the state to contract an additional $50,000,000 in public debt for the construction of the Southern Bridge project crossing the Fox River in Brown County.

Tribal nation welcome signs

The bill authorizes a federally recognized American Indian tribe or band in this state to 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. Under the bill, “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 determines is necessary to inform motorists of the territorial boundaries of tribal reservation and trust lands. The bill provides that welcome signs may not be erected within the right-of-way of an interstate highway and are not subject to the Wisconsin manual on traffic control devices adopted by DOT.

Under current law generally, no sign may be placed within the limits of any street or highway except as necessary for the guidance or warning of traffic, the safeguard of children at play, or to indicate the presence of a neighborhood watch program. This prohibition does not apply to directional and other official signs or to municipal welcome signs.

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 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, which may be the same as item 1, above, 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; and 5) 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 the 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 1 above, provide an individual taxpayer identification number, a foreign passport, or any other documentation deemed acceptable to DOT and, in lieu of items 2 and 4 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 license document issued must display, on its face, the words “Not valid for voting purposes. Not evidence of citizenship or immigration status." 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.

With limited exceptions, DOT may not disclose social security numbers obtained from operator's license or identification card applicants. The 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.

The 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.

Electronic renewal of operator's licenses

Under current law, most operator's licenses issued by DOT must be renewed every eight years. In general, an applicant for renewal of an operator's license must pass an eyesight test and have his or her photograph taken.

Under the bill, if an applicant for renewal of an operator's license meets certain requirements, the applicant may apply for renewal, and DOT may renew the license, by electronic means. The renewal may occur without an eyesight test and without a photograph. One of the eligibility requirements for use of the electronic procedure is that the applicant meets any additional criteria for eligibility established by DOT.

Driving skills test waiver

Under current law, with limited exceptions, an applicant for an operator's license authorizing operation of “Class D" vehicles, which are automobiles and most passenger vehicles, must successfully complete a knowledge test and a driving skills (road) test. The bill allows DOT to waive the road test for a person if all of the following are satisfied:

1. The person is under 18 years of age.

2. The person is applying for authorization to operate only “Class D" vehicles.

3. The person has satisfactorily completed a course in driver education.

4. An adult sponsor of the person consents to a waiver of the driving skills test.

Electronic notifications

Under current law, DOT must provide certain notifications by postal mail. The bill allows DOT to provide some of these notifications by electronic means if the person being notified has requested electronic notifications from DOT. The notifications covered in the bill are notices of extensions of probationary license restrictions, notices related to amount of security required under certain financial responsibility requirements, and certain notices related to operator's license revocations, suspensions, or disqualifications.

Ignition interlock device requirement expansion

Under current law, if a person is convicted of a second or subsequent offense related to operating a motor vehicle while under the influence of an intoxicant or other drug, with a prohibited alcohol concentration, or with a measurable amount of a controlled substance in his or her blood (OWI offense) or a first OWI offense for which his or her alcohol concentration is 0.15 or greater, a court must order the person's operating privilege restricted to operating vehicles that are equipped with an ignition interlock device. The bill expands the ignition interlock requirement to all OWI offenses that involve the use of alcohol.

Increased safety belt violation forfeiture

The bill increases the forfeiture from $10 to $25 for violations of motor vehicle safety belt requirements. Under current law, if a motor vehicle is required to be equipped with safety belts, no person may operate the vehicle unless the person and each passenger who is at least eight years old is properly restrained. Separate requirements and penalties apply to passengers for whom child safety restraint systems are required.

Seasonal period for farm service license endorsement

Under current law, no person may operate a motor vehicle upon a highway in this state unless the person possesses a valid operator's license. Additional endorsements are required for the operation of certain vehicles. An “F” endorsement authorizes a seasonal farm employee who is eligible for a restricted commercial driver license under federal law to operate certain commercial vehicles for a seasonal period not to exceed 180 days in any calendar year. The bill increases the seasonal period for an “F” endorsement to 210 days.

Electric vehicle identification sticker

The bill requires DOT to issue a decal for each hybrid and nonhybrid electric vehicle that identifies the vehicle as electric and which must must be displayed on the front and rear registration plates of the vehicle. The bill provides that there is a onetime fee of $1 for the issuance of the decals.

General transportation

General fund transfers to the transportation fund

The bill requires two transfers from the general fund to the transportation fund in each fiscal year, beginning on June 30, 2024. The first transfer must be in an amount equal to the amount of sales tax generated by the sale of electric vehicles in this state, as calculated by DOA. Beginning in fiscal year 2025-26, the amount transferred may not exceed 120 percent of the amount transferred in the previous year, or $75,000,000, whichever is less. The second transfer must be equal to the marginal difference between the sales tax generated from the sale of automotive parts, accessories, tires, and repair and maintenance services in fiscal year 2020-21 and the fiscal year of the transfer, as calculated by DOA.

Mass transit aid 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 specific 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. For the four classes of mass transit systems for which state aid amounts are specified, the bill does the following to the total amount limits:

1. For mass transit systems having annual operating expenses of $80,000,000 or more, the bill maintains the current limit of $65,477,800 in calendar year 2023 and increases the limit to $68,096,900 in calendar year 2024 and $70,820,800 in calendar year 2025 and thereafter.

2. 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 $17,205,400 in calendar year 2023 and increases the limit to $17,893,600 in calendar year 2024 and $18,609,400 in calendar year 2025 and thereafter.

3. For the two classes of mass transit systems having annual operating expenses of no more than $20,000,000, the bill does not make changes to the current limits.

Transit capital assistance grants

The 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.

Transportation facilities revenue obligation repayment fund

Under current law, the Building Commission may issue revenue bonds for major highway projects and transportation administrative facilities. DOT may deposit in special trust funds certain revenues pledged for the repayment of these revenue bonds. Moneys pledged in excess of the amount needed for repayment of the bonds are transferred to the transportation fund, free of any pledge.

The bill authorizes DOT to create a new trust fund and requires the transfer of $379,369,800 from the general fund to the trust fund, for the purpose of repayment of revenue bonds.

Freight rail preservation bonding

Under current law, the state may contract up to $300,300,000 in public debt for DOT to acquire railroad property, provide grants and loans for railroad property acquisition and improvement, and provide intermodal freight facilities grants. The bill increases the authorized general obligation bonding limit for these purposes by $20,000,000 to $320,300,000.

Harbor assistance bonding

Under current law, the state may contract up to $167,300,000 in public debt for DOT to provide local grants for harbor assistance and for harbor improvements such as dock wall repair and maintenance, construction of new dock walls, dredging of materials from a harbor, or the placement of dredged materials in containment facilities. The bill increases the authorized general obligation bonding limit for these purposes by $16,000,000 to $183,300,000.

Number of state patrol officers

The bill increases the number of state traffic patrol officers DOT may employ from 399 to 434.

Mississippi River Parkway Commission position authority

Under current law, the Mississippi River Parkway Commission assists in coordinating the development and preservation of the Great River Road in Wisconsin. The commission consists of members appointed to four-year terms by the governor. These members serve without compensation, but may be reimbursed for actual expenses of performing their duties. Reimbursements are paid from moneys appropriated to DOT for departmental management and operations.

The bill increases the position authority for the Mississippi River Parkway Commission by 1.0 FTE, funded from the same appropriation, for the purpose of providing administrative support to the commission.

veterans

County veterans service officer grants

The bill increases the dollar amount of grants made to counties with a veterans service officer. Under current law, DVA is required to annually award a grant to counties that employ a county veterans service officer chosen from a list of candidates who have completed a particular civil service examination or who were appointed under a certain civil service competitive examination procedure. The grants are awarded for the purpose of improving a county's services to veterans. The amount of each grant is $9,350 for a county with a population of less than 20,000, $11,000 for a county with a population of 20,000 to 45,499, $12,650 for a county with a population of 45,500 to 74,999, and $14,300 for a county with a population of 75,000 or more. Counties that employ a part-time county veterans service officer are eligible to receive an annual grant not exceeding $550. DVA may also make annual grants not to exceed $16,500 to the governing bodies of federally recognized American Indian tribes and bands if the tribal governing body appoints a tribal veterans service officer and enters into an agreement with DVA regarding the creation, goals, and objectives of the tribal veterans service officer position.

The bill doubles the dollar amount of the grants annually awarded to counties and tribal governing bodies and repeals the restriction that a county employing a part-time county veterans services officer receive a grant not to exceed $550.

Assistance to Needy Veterans grants

The bill expands the Assistance to Needy Veterans grant program. Under current law, DVA administers the Assistance to Needy Veterans grant program, which provides subsistence aid and health care aid to veterans. Under the program, DVA may provide up to $3,000 in subsistence aid per 12-month period to veterans who have suffered a loss of income due to illness, injury, or natural disaster. Under the program, DVA may also provide aid payments to a veteran to pay for dental care, hearing care, and vision care. The total lifetime limit that a veteran may receive in aid under the program is $7,500.

The bill expands the program by allowing DVA to provide subsistence aid payments, in an amount of up to $5,000 per 12-month period, to a veteran who has suffered a loss of income for any reason and also allows DVA to provide health care aid payments to pay for any medical device prescribed by a licensed health care provider. The bill also raises the lifetime limit on aid that a veteran may receive under the program to $10,000.

Hmong and Laotian veterans

The bill expands the definition of “veteran” to include either 1) individuals who were naturalized pursuant to the Hmong Veterans' Naturalization Act of 2000; or 2) individuals who the secretary of veterans affairs has determined served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the armed forces of the United States at any time during the period from February 28, 1961, to May 7, 1975, and who are citizens of the United States or aliens lawfully admitted for permanent residence in the United States who reside in Wisconsin. The bill extends most veterans benefits to anyone who meets this newly expanded definition of veteran, however, admission to a state veterans home and burial in a veterans cemetery are not included benefits as they are subject to federal regulation.

Wisconsin veterans cemetery eligibility requirements

The bill changes an eligibility requirement for an individual to be buried in one of the state veterans cemeteries. Under current law, an individual who was discharged under other than dishonorable conditions must have been a Wisconsin resident in order to be eligible for burial in one of the state veterans cemeteries. In select cases, children and spouses of eligible veterans must also be Wisconsin residents in order to be buried in a state veterans cemetery. The bill removes the Wisconsin residency eligibility requirements in determining whether an individual or his or her spouse or children may be buried in a state veterans cemetery. The bill also directs from which appropriation account some eligible individuals' burial expenses may be paid.

Veterans homes and related programs

The bill requires DVA to contract with a vendor during the 2023-25 fiscal biennium to study the campus of the Wisconsin Veterans Home at King. The purpose of the study is to provide a framework to guide decision making for future operations and development on the campus of the Wisconsin Veterans Home at King. The study must be completed before June 1, 2025.

Transfer of funds for the operations of veterans homes

The bill transfers $10,000,000 in fiscal year 2023-24 from the general fund to the DVA appropriation used for the institutional operations of veterans homes.

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.

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 may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

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

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:

SB70,1 Section 1. 5.02 (6m) (f) of the statutes is amended to read:

SB70,179,7 5.02 (6m) (f) An unexpired identification card issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college in this state that is a member of and governed by the technical college system under ch. 38, that contains the date of issuance and signature of the individual to whom it is issued and that contains an expiration date indicating that the card expires no later than 2 years after the date of issuance if the individual establishes, except that if the identification card is expired the individual shall establish that he or she is enrolled as a student at the university or college on the date that the card is presented.

SB70,2 Section 2 . 5.02 (20) of the statutes is amended to read:

SB70,179,13 5.02 (20) “Special primary" means the primary held 4 weeks before the special election, except as provided in s. 8.50 (4m) and except when the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

SB70,3 Section 3 . 5.02 (22) of the statutes is amended to read:

SB70,179,18 5.02 (22) “Spring primary" means the nonpartisan primary held on the 3rd Tuesday in February to nominate nonpartisan candidates to be voted for at the spring election and partisan candidates to be voted for at a special election under s. 8.50 (4m).

SB70,4 Section 4 . 5.05 (11m) of the statutes is created to read:

SB70,179,24 5.05 (11m) Aids to counties and municipalities for certain special election costs. (a) From the appropriation under s. 20.510 (1) (f), the commission shall reimburse counties and municipalities for costs incurred in the administration of special primaries for state or national office and special elections for state or national office.