AB50: Bill Text

4. Acquire property by condemnation.

5. Enter upon highways to install, maintain, and operate the RTA’s facilities.

6. Impose, by the adoption of a resolution by the RTA’s board of directors, a sales and use tax in the RTA’s jurisdictional area at a rate of not more than 0.5 percent of the sales price.

7. Impose a fee of $2 per transaction on the rental of passenger cars without drivers.

8. Incur debts and obligations. An RTA may issue tax-exempt revenue bonds, secured by a pledge of any income or revenues from any operations or other source of moneys for the RTA. The bonds of an RTA are not a debt of its member political subdivisions and neither the member political subdivisions nor the state are liable for the payment of the bonds.

9. Set fees and charges for functions, facilities, and services provided by the RTA.

10. Adopt bylaws and rules to carry out the powers and purposes of the RTA.

11. Sue and be sued in its own name.

12. Employ agents, consultants, and employees; engage professional services; and purchase furniture, supplies, and materials reasonably necessary to perform its duties and exercise its powers.

13. Invest funds not required for immediate disbursement.

14. Do and perform any authorized acts by means of an agent or by contracts with any person.

15. Exercise any other powers that the board of directors considers necessary and convenient to effectuate the purposes of the RTA, including providing for passenger safety.

The board of directors of an RTA must annually prepare a budget for the RTA. Rates and other charges received by the RTA may be used only for the general expenses and capital expenditures of the RTA, to pay interest, amortization, and retirement charges on the RTA’s revenue bonds, and for specific purposes of the RTA and may not be transferred to any political subdivision. The RTA must maintain an accounting system in accordance with generally accepted accounting principles and must have its financial statements and debt covenants audited annually by an independent certified public accountant.

An RTA must provide, or contract for the provision of, transit service within the RTA’s jurisdictional area. An RTA that acquires a transportation system for the purpose of operating the system must assume all of the employer’s obligations under any contract between the employees and management of the system to the extent allowed by law. An RTA that acquires, constructs, or operates a transportation system must negotiate an agreement with the representative of the labor organization that covers the employees affected by the acquisition, construction, or operation to protect the interests of employees affected, and that agreement must include specified provisions. Employees of the RTA are participatory employees under the Wisconsin Retirement System (WRS) if the RTA elects to join the WRS.

Current law provides limited immunity for cities, villages, towns, counties, and other political corporations and governmental subdivisions, and for officers, officials, agents, and employees of these entities, for acts done in an official capacity or in the course of employment. Claimants must generally follow a specified claims procedure and liability for damages is generally limited to $50,000 except that no liability may be imposed for performance of a discretionary duty or for punitive damages. If a person suffers damage resulting from the negligent operation of a motor vehicle owned and operated by a county, city, village, town, school district, sewer district, or other political subdivision of the state in the course of its business, the person may file a claim for damages following this claims procedure and the amount of damages recoverable is limited to $250,000. The bill specifies that this provision related to claims and liability for negligent operation of a motor vehicle by a political subdivision applies to an RTA.

The bill also allows RTAs to participate in organizing municipal insurance mutuals to provide insurance and risk management services.

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.

Certification grants under the transportation infrastructure loan program

Under current law, DOT administers a transportation infrastructure loan program. Under the program, DOT provides loans and other assistance to eligible applicants for highway and transit capital projects. When loans under the program are repaid, the moneys are again made available for loan or other assistance under the program.

The bill specifies that, if DOT finds that special circumstances exist, DOT may award a grant to an eligible applicant under the program for the purpose of engaging a certified public accountant to make any certifications or attestations required by DOT as a condition of receiving a loan or other assistance under the program.

Determination of grant ceiling for TEA grants

Under current law, DOT administers a transportation facilities economic assistance and development program (TEA). Under TEA, DOT may improve a highway, airport, or harbor, or provide other assistance for the improvement of such transportation facilities or certain rail property or railroad tracks, as part of an economic development project. DOT may also make loans for the improvement of any of these transportation facilities. The state share of costs for the improvement of any transportation facility (grant ceiling) may generally not exceed the lesser of 50 percent of the cost of the improvement or $5,000 for each job resulting from the improvement or the economic development project.

The bill increases the dollar amount for each job resulting from the improvement or project used in calculating the grant ceiling to $15,000.

Auto parts and repair transfer to the transportation fund

The bill requires a transfer from the general fund to the transportation fund in each fiscal year, beginning on June 30, 2025. The amount of the 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 2019-20 and the fiscal year of the transfer, as calculated by DOA.

Transfer from forestry account to transportation fund

The bill transfers $25,000,000 from the forestry account of the conservation fund to the transportation fund.

Harbor assistance program priority

Under current law, DOT administers the harbor assistance program under which it makes grants to reimburse eligible applicants for the cost of making harbor improvements. DOT is authorized to establish criteria for eligible applicants and projects and is required to prioritize projects based on the amount of tonnage and waterborne transportation handled in the harbor. The bill requires DOT, in the 2025–27 fiscal biennium, to prioritize program grants to municipalities in which a shipbuilder in this state is conducting operations.

Harbor assistance bonding authorization

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 $30,000,000, to $197,300,000.

City of Sheboygan harbor assistance grant

The bill requires DOT to award a harbor assistance grant of $3,000,000 to the city of Sheboygan for the construction of an educational facility at the Harbor Centre Marina.

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.

VETERANS

Veterans assistance

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 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 total lifetime limit that a veteran may receive in aid under the program to $10,000.

Veterans’ mental health services

The bill requires DVA to promote and assist veterans’ access to, and provide grants to organizations that provide to veterans, community-based and emergency crisis mental health services. The bill gives DVA authority to promulgate emergency rules to administer the requirements of the bill.

Transfer of funds

The bill transfers from the general fund to the DVA appropriation used for the institutional operations of veterans homes $7,100,000 in fiscal year 2025–26 and $14,800,000 in fiscal year 2026–27.

Hmong and Laotian veterans

The bill expands the definition of “veteran” to include both 1) a person who resides in this state who was naturalized pursuant to the federal Hmong Veterans’ Naturalization Act of 2000, and 2) a person who resides in this state 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 September 18, 1978, and who is a citizen of the United States or a lawful permanent resident of the United States. 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.

Veterans service officer grants

The bill increases the dollar amount of veteran service officer grants made to counties and governing bodies of federally recognized American Indian tribes and bands.

Under current law, DVA is required to annually award a grant to a county that employs a certain elected or appointed county veterans service officer. The grant is awarded for the purpose of improving a county’s services to veterans and varies in amount depending on the county’s population. A county that employs a part-time county veterans service officer is eligible to receive an annual grant not exceeding $550. DVA may also make annual grants to the governing body of a federally recognized American Indian tribe or band 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 increases the dollar amount of the veterans service officer grants awarded to counties in the following ways: 1) for counties with a population of less than 20,000, the grant is increased from $11,688 to $12,300; 2) for counties with a population of 20,000 to 45,499, the grant is increased from $13,750 to $14,400; 3) for counties with a population of 45,500 to 74,999, the grant is increased from $15,813 to $16,600; and 4) for counties with a population of 75,000 or more, the grant is increased from $17,875 to $18,800. The bill also increases the dollar amount of the grant awarded to tribal governing bodies from $20,625 to $21,700. In addition, the bill eliminates the restriction on a grant for a county employing a part-time county veterans services officer.

Funding increase for the operation of Camp American Legion

Under current law, DVA may annually grant up to $75,000 to the Wisconsin department of the American Legion for the operation of Camp American Legion. The bill increases the amount DVA may grant for the operation of Camp American Legion to up to $100,000.

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 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.

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 the 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:

AB50,1 Section 1. 1.031 of the statutes is amended to read:

AB50,2,7 1.031 Retrocession of jurisdiction. The governor may accept on behalf of the state, retrocession of full or partial jurisdiction over any roads, highways or other lands in federal enclaves within the state where such retrocession has been offered by appropriate federal authority. Documents concerning such action shall be filed in the office of the secretary of state administration and recorded in the office of the register of deeds of the county wherein such lands are located.

AB50,2 Section 2. 5.02 (6m) (f) of the statutes is amended to read:

AB50,3,6 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.

AB50,3 Section 3. 5.02 (20) of the statutes is amended to read:

AB50,3,13 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.

AB50,4 Section 4. 5.02 (22) of the statutes is amended to read:

AB50,3,18 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).

AB50,5 Section 5. 5.05 (11m) of the statutes is created to read:

AB50,4,2 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.

AB50,4,4 (b) A cost is eligible for reimbursement under par. (a) only if all of the following apply:

AB50,4,5 1. The commission determines that the cost is reasonable.

AB50,4,6 2. The cost is specified under par. (c).

AB50,4,9 3. If applicable, the commission determines that the rate paid by the county or municipality for the cost does not exceed the rate customarily paid for similar costs at a primary or election that is not a special primary or election.

AB50,4,13 4. If the special primary or election coincides with a primary or election that is not a special primary or election, the commission determines that the cost does not exceed the amount that would be incurred if the primaries or elections did not coincide.

AB50,4,14 (c) Only the following costs are eligible for reimbursement under par. (a):

AB50,4,15 1. Rental payments for polling places.

AB50,4,17 2. Election day wages paid under s. 7.03 to election officials working at the polls.

AB50,4,18 3. Costs for the publication of required election notices.

AB50,4,19 4. Printing and postage costs for absentee ballots and envelopes.

AB50,4,20 5. Costs for the design and printing of ballots and poll books.

AB50,4,22 6. Purchase of ballot bags or containers, including ties or seals for chain of custody purposes.

AB50,4,23 7. Costs to program electronic voting machines.

AB50,5,1 8. Purchase of memory devices for electronic voting machines.

AB50,5,2 9. Wages paid to conduct a county canvass.

AB50,5,3 10. Data entry costs for the statewide voter registration system.

AB50,6 Section 6. 5.05 (19) of the statutes is created to read:

AB50,5,8 5.05 (19) Non-English language sample ballots. If any jurisdiction provides voting materials in one or more languages other than English, the commission shall post on its website the sample ballots for that jurisdiction in each such language.