1995 Wisconsin Act 113

113,8dm Section 8dm. 20.395 (1) (dq) of the statutes is created to read:

20.395 (1) (dq) Tier I transit operating aids, state funds. The amounts in the schedule for mass transit aids under s. 85.20 (4m) (a) 1.

113,8gm Section 8gm. 20.395 (1) (dr) of the statutes is created to read:

20.395 (1) (dr) Tier II transit operating aids, state funds. The amounts in the schedule for mass transit aids under s. 85.20 (4m) (a) 2.

113,8jm Section 8jm. 20.395 (1) (ds) of the statutes is created to read:

20.395 (1) (ds) Tier III transit operating aids, state funds. The amounts in the schedule for mass transit aids under s. 85.20 (4m) (a) 3.

113,8mm Section 8mm. 20.395 (1) (dt) of the statutes is created to read:

20.395 (1) (dt) Tier IV transit operating aids, state funds. The amounts in the schedule for mass transit aids under s. 85.20 (4m) (a) 4.

113,8rm Section 8rm. 20.395 (1) (du) of the statutes is created to read:

20.395 (1) (du) Tier V transit operating aids, state funds. The amounts in the schedule for mass transit aids under s. 85.20 (4m) (a) 5.

113,9 Section 9 . 20.395 (2) (bq) (title) of the statutes is repealed and recreated to read:

20.395 (2) (bq) (title) Rail service assistance, state funds.

113,10 Section 10 . 20.395 (2) (bt) of the statutes is repealed.

113,11 Section 11 . 20.395 (2) (bu) of the statutes is amended to read:

20.395 (2) (bu) Freight rail infrastructure improvements, state funds. As a continuing appropriation, the amounts in the schedule for loans under s. 85.08 (4m) (d) and (e) and to make payments under s. 85.085.

113,13 Section 13 . 20.395 (3) (bq) of the statutes is amended to read:

20.395 (3) (bq) Major highway development, state funds. As a continuing appropriation, the amounts in the schedule for major development of state trunk and connecting highways and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076.

113,14 Section 14 . 20.395 (3) (bv) of the statutes is amended to read:

20.395 (3) (bv) Major highway development, local funds. All moneys received from any local unit of government or other source for major development of state trunk and connecting highways, including the railroad and utility alteration and relocation loan program under s. 84.065, and, before July 1, 1995 October 1, 1997, the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

113,15 Section 15 . 20.395 (3) (bx) of the statutes is amended to read:

20.395 (3) (bx) Major highway development, federal funds. All moneys received from the federal government for major development of state trunk and connecting highways and, before July 1, 1995 October 1, 1997, the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

113,16 Section 16 . 20.395 (3) (cq) of the statutes is amended to read:

20.395 (3) (cq) State highway rehabilitation, state funds. As a continuing appropriation, the amounts in the schedule for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements; for bridges under s. 84.10; for payment to a local unit of government for a jurisdictional transfer under s. 84.02 (8); and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076.

113,17 Section 17 . 20.395 (3) (cv) of the statutes is amended to read:

20.395 (3) (cv) State highway rehabilitation, local funds. All moneys received from any local unit of government or other source for the specific information sign program under s. 86.195; for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements; for the railroad and utility alteration and relocation loan program under s. 84.065 and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

113,18 Section 18 . 20.395 (3) (cx) of the statutes is amended to read:

20.395 (3) (cx) State highway rehabilitation, federal funds. All moneys received from the federal government for improvement of existing state trunk and connecting highways; for improvement of bridges on state trunk or connecting highways and other bridges for which improvement is a state responsibility, for necessary approach work for such bridges and for replacement of such bridges with at-grade crossing improvements; for the construction and rehabilitation of the national system of interstate and defense highways and bridges and related appurtenances; for special maintenance activities under s. 84.04 on roadside improvements and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076, for such purposes.

113,19 Section 19 . 20.395 (3) (eq) of the statutes is amended to read:

20.395 (3) (eq) Highway maintenance, repair and traffic operations, state funds. Biennially, the amounts in the schedule for the maintenance and repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07 and bridges that are not on the state trunk highway system under s. 84.10; for highway operations such as permit issuance, pavement marking, highway signing, traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076. This paragraph does not apply to special maintenance activities under s. 84.04 on roadside improvements.

113,20 Section 20 . 20.395 (3) (ev) of the statutes is amended to read:

20.395 (3) (ev) Highway maintenance, repair and traffic operations, local funds. All moneys received from any local unit of government or other sources for the maintenance and repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07 and bridges that are not on the state trunk highway system under s. 84.10; for signing under s. 86.195; for highway operations such as permit issuance, pavement marking, highway signing, traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076; for such purposes. This paragraph does not apply to special maintenance activities under s. 84.04 on roadside improvements.

113,21 Section 21 . 20.395 (3) (ex) of the statutes is amended to read:

20.395 (3) (ex) Highway maintenance, repair and traffic operations, federal funds. All moneys received from the federal government for the maintenance and repair of roadside improvements under s. 84.04, state trunk highways under s. 84.07 and bridges that are not on the state trunk highway system under s. 84.10; for highway operations such as permit issuance, pavement marking, highway signing, traffic signalization and highway lighting under ss. 84.04, 84.07, 84.10 and 348.25 to 348.27 and ch. 349; and, before July 1, 1995 October 1, 1997, for the disadvantaged business demonstration and training program under s. 84.076; for such purposes. This paragraph does not apply to special maintenance activities under s. 84.04 on roadside improvements.

113,23 Section 23 . 20.395 (5) (cq) of the statutes is amended to read:

20.395 (5) (cq) Vehicle registration, inspection and maintenance and driver licensing, state funds. The amounts in the schedule for administering the vehicle registration and driver licensing program, including the traffic violation and registration program and the driver license reinstatement training program under s. 85.28, for administering the motor vehicle emission inspection and maintenance program under s. 110.20, for the training of inspectors under s. 110.22, for administering the fuel tax and fee reporting program under s. 341.45 and to compensate for services performed, as determined by the secretary of transportation, by any county providing registration services.

113,24 Section 24 . 20.395 (5) (dk) of the statutes is amended to read:

20.395 (5) (dk) Public safety radio management, service funds. From the general fund, all moneys received by the department from the department and from other state agencies for purposes related to the statewide public safety radio management program under s. 85.12, for that purpose.

113,29 Section 29. 20.866 (2) (uv) of the statutes is amended to read:

20.866 (2) (uv) Transportation, harbor improvements. From the capital improvement fund, a sum sufficient for the department of transportation to provide grants for harbor improvements. The state may contract public debt in an amount not to exceed $9,000,000 $12,000,000 for this purpose.

113,30 Section 30. 20.866 (2) (uw) of the statutes is amended to read:

20.866 (2) (uw) Transportation; rail acquisitions and improvements. From the capital improvement fund, a sum sufficient for the department of transportation to acquire railroad property under ss. 85.08 (2) (L) and 85.09; and to provide grants and loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d); and to credit the appropriation account under s. 20.395 (2) (bt) as reimbursement for initial temporary funding of acquisitions, grants or loans authorized under 1993 Wisconsin Act 16, section 9154 (4n). The state may contract public debt in an amount not to exceed $10,000,000 $14,500,000 for these purposes.

113,35 Section 35 . 25.40 (1) (a) 12. of the statutes is created to read:

25.40 (1) (a) 12. Fees collected under s. 341.45 (1g) (a) that are required under s. 341.45 (4m) to be deposited in the petroleum inspection fund.

113,36m Section 36m. 25.40 (2) (b) 15g. of the statutes is created to read:

25.40 (2) (b) 15g. Section 20.445 (1) (uy).

113,37b Section 37b. 70.337 (7) of the statutes is amended to read:

70.337 (7) This section does not apply to property that is exempt under s. 70.11 (13), (13m), (15), (15m), (21) or (30), property that is exempt under s. 70.11 (18) if a payment in lieu of taxes is made for that property, lake beds owned by the state, state forests under s. 28.03 or 28.035, county forests under s. 28.10, property acquired by the department of transportation under s. 85.08 or 85.09 or highways, as defined in s. 340.01 (22).

113,40t Section 40t. 76.02 (10) of the statutes is amended to read:

76.02 (10) The property taxable under s. 76.13 shall include all franchises, and all real and personal property of the company used or employed in the operation of its business, except such motor vehicles as are exempt under s. 70.112 (5) and treatment plant and pollution abatement equipment exempt under s. 70.11 (21) (a) and, in the case of railroad companies, rolling stock. The taxable property shall include all title and interest of the company referred to in such property as owner, lessee or otherwise, and in case any portion of the property is jointly used by 2 or more companies, the unit assessment shall include and cover a proportionate share of that portion of the property jointly used so that the assessments of the property of all companies having any rights, title or interest of any kind or nature whatsoever in any such property jointly used shall, in the aggregate, include only one total full value of such property.

113,40u Section 40u. 76.03 (1) of the statutes is amended to read:

76.03 (1) The property, both real and personal, including all rights, franchises and privileges used in and necessary to the prosecution of the business of any company enumerated in s. 76.02, but excluding property that is exempt under s. 76.02 (10), shall be deemed personal property for the purposes of taxation, and shall be valued and assessed together as a unit.

113,40v Section 40v. 76.07 (1) of the statutes is amended to read:

76.07 (1) Duty of department. The department on or before August 1 in each year in the case of railroad companies and sleeping car companies, and on or before September 15 in the case of air carrier companies, telephone companies, conservation and regulation companies and pipeline companies, shall, according to its best knowledge and judgment, ascertain and determine the full market value of the property, except the property of railroad companies that is exempt under s. 76.02 (10), of each company within the state.

113,40w Section 40w. 76.07 (2) of the statutes is amended to read:

76.07 (2) Relation to state valuation; description. The value of the property of each of said companies for assessment shall be made on the same basis and for the same period of time, as near as may be, as the value of the general property of the state is ascertained and determined. The department shall prepare an assessment roll and place thereon after the name of each of said companies assessed, the following general description of the property of such company, to wit: “Real estate, right-of-way, tracks, stations, terminals, appurtenances, rolling stock, equipment, franchises and all other real estate and personal property, except property that is exempt under s. 76.02 (10), of said company," in the case of railroads, and “Real estate, right-of-way, poles, wires, conduits, cables, devices, appliances, instruments, franchises and all other real and personal property of said company," in the case of conservation and regulation companies, and “Real estate, appurtenances, rolling stock, equipment, franchises, and all other real estate and personal property of said company," in the case of sleeping car and air carrier companies, and “Land and land rights, structures, improvements, mains, pumping and regulation equipment, services, appliances, instruments, franchises and all other real and personal property of said company," in the case of pipeline companies, and “All property of the company used in the operation of the company's telephone business" in the case of telephone companies, which description shall be deemed and held to include the entire property and franchises of the company specified and all title and interest therein.

113,40x Section 40x. 76.07 (4g) (a) 16. of the statutes is amended to read:

76.07 (4g) (a) 16. Multiply the fraction under subd. 15. by the full market value of the company's property, except the property that is exempt under s. 76.02 (10), everywhere.

113,41 Section 41 . 78.005 (13g) of the statutes is created to read:

78.005 (13g) “Recreational motorboat" means a motorboat used predominantly for the entertainment, amusement or recreation of the owner of the motorboat, whether or not it is used in a trade or business.

113,42 Section 42. 78.01 (2) (e) of the statutes is amended to read:

78.01 (2) (e) Gasoline sold for nonhighway use in mobile machinery and equipment; other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat; and delivered directly into the consumer's storage tank in an amount of not less than 100 gallons.

113,43 Section 43 . 78.01 (2m) (f) of the statutes is amended to read:

78.01 (2m) (f) It is sold for off-highway use other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat or if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

113,47 Section 47 . 78.40 (1) of the statutes is amended to read:

78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under s. 78.405 is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.

113,50 Section 50 . 78.75 (1m) (a) 2. of the statutes is amended to read:

78.75 (1m) (a) 2. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating a snowmobile, as defined under s. 340.01 (58a), an aircraft, as defined under s. 78.55 (2), or a motorboat, as defined under s. 30.50 (6), unless the motorboat is exempt from registration as a motor vehicle under s. 341.05 (20) not a recreational motorboat, may not be reimbursed or repaid the amount of tax paid.

113,51 Section 51 . 78.75 (1m) (a) 3. of the statutes is amended to read:

78.75 (1m) (a) 3. Claims under subd. 1. shall be made and filed upon forms prescribed and furnished by the department. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) and shall indicate that estimated all-terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.

113,51m Section 51m. 84.013 (2) (d) of the statutes is created to read:

84.013 (2) (d) The department shall complete any major highway project involving STH 29 from Green Bay to Chippewa Falls in Brown, Shawano, Marathon, Clark and Chippewa counties by December 31, 2000.

113,53 Section 53 . 84.013 (3) (kb) to (km) of the statutes are created to read:

84.013 (3) (kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.

(kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.

(km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire freeway, in Eau Claire and Chippewa counties.

113,54 Section 54 . 84.013 (3) (ye) of the statutes is amended to read:

84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.

113,55 Section 55 . 84.076 (5) of the statutes is amended to read:

84.076 (5) Sunset. This section does not apply after June 30, 1995 September 30, 1997.

113,56m Section 56m. 84.183 of the statutes is created to read:

84.183 High-cost bridge program. (1) In this section, “high-cost bridge" means a bridge on the state trunk highway system that has a deck area greater than 40,000 square feet, or a lift bridge.

(2) The department shall administer a high-cost bridge program to fund the rehabilitation of high-cost bridges. Except as provided in sub. (3), the department may not encumber less than any of the following from the appropriations under s. 20.395 (3) (cq) and (cx) for the cost of constructing or reconstructing high-cost bridges:

(a) In fiscal year 1995-96, $20,800,000.

(b) In fiscal year 1996-97, $21,400,000.

(c) In fiscal year 1997-98, $22,100,000.

(d) In fiscal year 1998-99, $22,700,000.

(3) The department may encumber less in any fiscal year than the applicable amount specified in sub. (2) if the department first notifies the joint committee on finance in writing of the proposed encumbrance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed encumbrance, the department may make the proposed encumbrance. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed encumbrance, the department may make the proposed encumbrance only upon approval of the committee.

113,57 Section 57. 84.59 (6) of the statutes is amended to read:

84.59 (6) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Revenue obligations issued under this section shall not exceed $950,834,000 $1,123,638,100 $1,083,638,100 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $841,634,000 $1,081,341,000 $1,041,341,000 of the $950,834,000 $1,123,638,100 $1,083,638,100 may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.