Feed for /2011/related/acts/32 PDF
32,2237s Section 2237s. 85.08 (4m) (d) of the statutes is amended to read:
85.08 (4m) (d) Railroad rehabilitation and construction grants and loans. The department may make grants to eligible applicants for the purpose of rehabilitating or constructing rail property improvements. Construction shall be limited to that which is required to continue rail service on a particular line or to provide alternative rail service when a line has been abandoned. A grant under this paragraph may be composed of state funds, federal funds, state property, the use of state property, technical assistance, or any combination of state funds, federal funds, state property, the use of state property, and technical assistance. The value of a grant may not exceed 80% of the costs of rehabilitation or construction. The department shall give priority in awarding grants to those projects for which the applicant agrees to pay greater than 20% of the costs of rehabilitation or construction. If a grant is made to an eligible applicant under this paragraph, the department may award a loan to the eligible applicant for not more than 15% of the rehabilitation or construction costs. A grant may be made before or after abandonment of a railroad line as defined in s. 85.09 (3). A grant or loan made under this paragraph shall be paid from the appropriation under s. 20.395 (2) (bq), (bu), or (bx) or 20.866 (2) (uw).
32,2238 Section 2238. 85.09 (4i) of the statutes is amended to read:
85.09 (4i) Disposal of rail property. The department shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 560.9810 16.310 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under s. 20.395 (2) (bq). This subsection does not apply to real property that is sold under s. 16.848.
32,2239 Section 2239. 85.09 (4m) of the statutes is amended to read:
85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of commerce administration.
32,2240m Section 2240m. 85.095 (2) (b) of the statutes is amended to read:
85.095 (2) (b) To establish criteria for evaluating applications for harbor assistance grants in order to provide for the disbursement of grants. In establishing these criteria, the department shall consult with the department of commerce and shall give priority to applicants based on the amount of tonnage and waterborne transportation handled in the harbor.
32,2241 Section 2241. 85.11 of the statutes is repealed.
32,2242 Section 2242. 85.14 (title) of the statutes is amended to read:
85.14 (title) Payments of fees and deposits by credit card, debit card, or other electronic payment mechanism; electronic transactions.
32,2243 Section 2243. 85.14 (1) (a) of the statutes is amended to read:
85.14 (1) (a) The department may accept payment by credit card, debit card, or any other electronic payment mechanism of a any fee that is required to be paid to the department under ch. 194, 218, 341, 342, 343 or 348. The department shall determine which fees may be paid by credit card, debit card, or any other electronic payment mechanism and the manner in which the payments may be made. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a convenience fee for each transaction in an amount to be established by rule. The convenience fee shall approximate the cost to the department for providing this service to persons who request it. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a service fee of $2.50 for each transaction until a rule is promulgated under this paragraph.
32,2244 Section 2244. 85.14 (3) of the statutes is created to read:
85.14 (3) The department may establish procedures for conducting any transaction in an electronic format or using an electronic process. Any form prescribed by the department may be prescribed in an automated format to facilitate the department's authority under this subsection.
32,2245 Section 2245. 85.14 (4) of the statutes is created to read:
85.14 (4) The department may promulgate rules requiring a person to pay an additional fee for conducting an in-person, telephone, or paper transaction in lieu of using an electronic filing or submission option when the department has made an electronic filing or submission option available. These rules providing for an additional fee shall not apply to individuals unless the department offered an electronic filing or submission option in connection with a service on the effective date of this subsection .... [LRB inserts date], and the department charged an additional fee to individuals for electing this option as of that date. These rules may provide for exemptions from the additional fee for designated categories of persons or transactions. The fee authorized under this subsection is in addition to any other fee that may be imposed by the department.
32,2245k Section 2245k. 85.193 of the statutes is created to read:
85.193 Borrow and material disposal sites for transportation projects. (1) Definitions. In this section:
(a) "Borrow" means soil or a mixture of soil and stone, gravel, or other material suitable for use in the construction of embankments or other similar earthworks constructed as part of a transportation project.
(b) "Borrow site" means a site off of the transportation project property from which borrow is excavated for use in a transportation project.
(c) "Material disposal site" means a site off of the transportation project property used for the lawful disposal of surplus materials from a transportation project and that is under the direct control of the transportation project contractor or a transportation project subcontractor. "Material disposal site" does not include a private landfill that is not managed by the transportation project contractor or a transportation project subcontractor or a landfill that is owned or directly controlled by a political subdivision.
(d) "Political subdivision" means a city, village, town, or county.
(e) "Transportation project" means a construction or maintenance project directed and supervised by the department that relates to an airport, railroad, highway, bridge, or other transportation facility and that is subject to an agreement under s. 30.2022.
(2) Exemption from local zoning. No zoning ordinance enacted under s. 59.69, 60.61, 60.62, 61.35, or 62.23 may apply to a borrow site or material disposal site if all of the following apply:
(a) The owner of the property consents to the establishment of a site on his or her property.
(b) The department determines that the site is not a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products.
(c) The transportation project contractor assumes sole responsibility for the operation of the site.
(d) The site is used solely for the specified transportation project and solely during the period of construction of the specified transportation project.
(e) The transportation project contractor or a transportation project subcontractor does not crush, screen, wash, blast, or apply another manufacturing process to mineral aggregate from the borrow site, on or off the borrow site, to produce finished aggregate products.
(g) The transportation project contractor complies with all of the following:
1. Any applicable noise limit standards for mine and quarry operations established under s. 101.15 (2) (e).
2. Any applicable restoration requirements for construction site erosion control established under s. 85.19 (1) and any applicable restoration requirements established under an agreement under s. 30.2022.
32,2246 Section 2246. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $63,784,700 for aid payable for calendar year 2008, $65,299,200 for aid payable for calendar year 2009, $66,585,600 for aid payable for calendar year 2010, and $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year 2012 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
32,2248 Section 2248. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,754,000 for aid payable for calendar year 2008, $17,158,400 for aid payable for calendar year 2009, $17,496,400 for aid payable for calendar year 2010, and $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year 2012 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
32,2252 Section 2252. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,034,400 in calendar year 2008, $24,614,500 in calendar year 2009, $25,099,500 in calendar year 2010, and $25,852,500 in calendar year 2011, and $23,267,200 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
32,2254 Section 2254. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,440,500 in calendar year 2008, $5,571,800 in calendar year 2009, $5,681,600 in calendar year 2010, and $5,852,200 in calendar year 2011, and $5,267,000 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
32,2255m Section 2255m. 85.205 of the statutes is created to read:
85.205 Paratransit aids. (1) Definitions. In this section:
(a) "Eligible applicant" has the meaning given in s. 85.20 (1) (b).
(b) "Paratransit service" means comparable transportation service required by the federal Americans with Disabilities Act for individuals with disabilities who are unable to use fixed route transportation services.
(c) "Urban mass transit system" has the meaning given in s. 85.20 (1) (L).
(2) Administration. (a) From the appropriation under s. 20.395 (1) (hq), the department shall provide aid payments to eligible applicants that receive state aid payments under s. 85.20 (4m) and that are served by an urban mass transit system that provides paratransit service to assist those eligible applicants in providing paratransit service.
(b) In awarding grants under par. (a), the department shall do all of the following:
1. Maximize the level of paratransit service provided by urban mass transit systems serving eligible applicants.
2. Give priority to eligible applicants for maintaining paratransit service provided by urban mass transit systems on the effective date of this subdivision .... [LRB inserts date].
32,2256 Section 2256. 85.25 (2) (c) 1m. b. of the statutes is amended to read:
85.25 (2) (c) 1m. b. It is currently performing a useful business function as defined in s. 560.036 16.287 (1) (h).
32,2267x Section 2267x. 86.25 (4) of the statutes is amended to read:
86.25 (4) Sections 61.54, 62.15 and 66.0901 (1) and (2) to (9) shall not apply to funds provided or agreements made pursuant to this section.
32,2268 Section 2268. 86.30 (2) (a) 3. of the statutes is amended to read:
86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $1,956 in calendar year 2008, $2,015 in calendar year 2009, $2,055 in calendar year 2010, and $2,117 in calendar year 2011 and thereafter.
32,2269 Section 2269. 86.30 (2) (b) 1. of the statutes is amended to read:
86.30 (2) (b) 1. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 2. may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment or a decrease in its annual transportation aid payment in excess of 5% 10 percent of its last previous calendar year transportation aid payment.
32,2270 Section 2270. 86.30 (2) (b) 1g. of the statutes is amended to read:
86.30 (2) (b) 1g. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 3. may receive a decrease in its annual transportation aid payment in excess of 5% 10 percent of its last previous calendar year transportation aid payment.
32,2271 Section 2271. 86.30 (2) (b) 1r. of the statutes is amended to read:
86.30 (2) (b) 1r. Except as provided under s. 86.303, no county may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment. Except as provided under par. (dm) and s. 86.303, no county may receive a decrease in its annual transportation aid payment in excess of 2% 10 percent of its last previous calendar year transportation aid payment.
32,2271m Section 2271m. 86.30 (2) (dr) of the statutes is created to read:
86.30 (2) (dr) Aid reduction related to outdoor advertising sign condemnation. The department may reduce aids paid to a county or municipality under par. (e) as provided in s. 84.30 (5r) (c).
32,2272 Section 2272. 86.30 (9) (b) of the statutes is amended to read:
86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $96,492,900 in calendar year 2008, $99,387,700 in calendar year 2009, $101,375,500 in calendar year 2010, and $104,416,800 in calendar year 2011, and $94,615,600 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
32,2273 Section 2273. 86.30 (9) (c) of the statutes is amended to read:
86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $303,578,100 in calendar year 2008, $312,685,400 in calendar year 2009, $318,939,100 in calendar year 2010, and $328,507,300 in calendar year 2011, and $308,904,300 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
32,2278d Section 2278d. 86.31 (2) (a) of the statutes is amended to read:
86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with par. (h) and the requirements of subs. (3), (3g), (3m), and (3r). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.
32,2278em Section 2278em. 86.31 (2) (b) of the statutes is amended to read:
86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A Subject to s. 59.52 (30), a town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).
32,2278j Section 2278j. 86.31 (2) (h) of the statutes is created to read:
86.31 (2) (h) A double seal coat project on a town road may be funded under the program if it has a projected life of at least 10 years, similar projects in the same geographic area have performed satisfactorily, and the county highway commissioner of the county in which the project is located approves the project's eligibility for funding.
32,2278m Section 2278m. 86.31 (3m) of the statutes is amended to read:
86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $765,000 in fiscal year 2007-08, $780,300 in fiscal year 2008-09, and $732,500 in fiscal year 2009-10 and in fiscal year 2010-11, and $5,732,500 in fiscal year 2011-12 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).
32,2278o Section 2278o. 86.31 (6) (h) (intro.) of the statutes is amended to read:
86.31 (6) (h) Criteria Subject to s. 59.52 (30), criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:
32,2279 Section 2279. 91.04 (2) (j) of the statutes is amended to read:
91.04 (2) (j) Rezoning of land out of farmland preservation zoning districts under s. 91.48, including the amounts of conversion fees paid to political subdivisions under s. 91.48 (1) (b).
32,2280 Section 2280. 91.48 (1) (intro.) of the statutes is amended to read:
91.48 (1) (intro.) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if all of the following apply the political subdivision finds all of the following, after public hearing:
32,2281 Section 2281. 91.48 (1) (a) (intro.) of the statutes is repealed.
32,2282 Section 2282. 91.48 (1) (a) 1. to 4. of the statutes are renumbered 91.48 (1) (a) to (d).
32,2283 Section 2283. 91.48 (1) (b) of the statutes is repealed.
32,2284 Section 2284. 91.48 (2) (intro.) and (a) of the statutes are consolidated, renumbered 91.48 (2) and amended to read:
91.48 (2) A political subdivision shall by March of 1 of each year provide all of the following to the department: (a) A a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres.
32,2285 Section 2285. 91.48 (2) (b) and (c) of the statutes are repealed.
32,2286 Section 2286. 91.48 (3) of the statutes is amended to read:
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