Wisconsin Legislature: 113,53

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.

(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.

113,57m Section 57m. 84.61 of the statutes is created to read:

84.61 Milwaukee Brewers stadium project; East-West Freeway. (1) (a) There is established in the transportation fund a reserve account consisting of $15,000,000 for the purpose of funding state highway rehabilitation associated with the construction of a new stadium to be used by the Milwaukee Brewers, a professional baseball team located in Milwaukee County, or construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha. The department may submit a request to the joint committee on finance to provide funding from the reserve account for either of the projects specified in this paragraph.

(b) Notwithstanding s. 13.101 (3) (a), the joint committee on finance may supplement, from the reserve account established under par. (a), the appropriation under s. 20.395 (3) (cq), for either of the projects specified in par. (a). The reserve account shall be reduced by the amount of any supplemental appropriation made under this paragraph. If the joint committee on finance makes a supplemental appropriation for one of the projects specified in par. (a), the department may not request that any supplemental appropriation be made under this subsection for the other project specified in par. (a).

(2) (a) There is established in the transportation fund a reserve account consisting of $13,349,000 for the purpose of funding construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha.

(3) (a) There is established in the transportation fund on July 1, 1996, a supplemental reserve account consisting of $13,349,000 for the purpose of funding construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha.

(4) The department may not encumber any funds in the 1995-97 fiscal biennium for the purpose of funding state highway rehabilitation associated with the construction of a new stadium to be used by the Milwaukee Brewers, a professional baseball team located in Milwaukee County, or construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha except as provided in this section. This subsection does not apply to the encumbrance of funds pursuant to a federal demonstration grant.

(5) This section does not apply after June 30, 1999.

113,57mm Section 57mm. 85.022 (2) of the statutes is created to read:

85.022 (2) (a) The department shall allocate $250,000 in each fiscal year of the 1995-97 biennium from the appropriation under s. 20.395 (2) (hq) for a study of high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.

(b) 1. Except as provided in subd. 2., funds may be expended under par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.

2. No funds may be expended under par. (a) unless the federal government contributes funds for a study under par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.

113,57p Section 57p. 85.06 (2) (b) of the statutes is amended to read:

85.06 (2) (b) Contract with Amtrak or an applicable railroad to provide rail passenger service.

113,57r Section 57r. 85.061 (3) of the statutes is amended to read:

85.061 (3) Program. The department shall administer a rail passenger route development program. From the appropriation under s. 20.866 (2) (up), the department may fund capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and between the cities of Milwaukee and Green Bay. The extension of the Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible. The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) for the extension of a route under this subsection unless the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that extension route and the joint committee on finance approves the use of the proceeds. The department may contract with Amtrak, railroads or other persons to perform the activities under this subsection.

113,58 Section 58 . 85.08 (4m) (e) 1. of the statutes is amended to read:

85.08 (4m) (e) 1. Upon the request of an eligible applicant, the department may negotiate and enter into a loan agreement with the eligible applicant for purposes of rehabilitating a rail line or to finance an economic development and transportation efficiency project, including a project designed to promote safety or the viability of a statewide system of freight rail service, to assist intermodal freight movement or to provide industry access to a rail line. A loan made under this paragraph shall finance a project that confers a public benefit or enhances economic development in this state. Loans made under this paragraph shall be paid from the appropriation under s. 20.395 (2) (bt), (bu), (bw) or (bx).

113,59 Section 59 . 85.085 (1) of the statutes is renumbered 85.085 (1m).

113,60 Section 60 . 85.085 (1b) of the statutes is created to read:

85.085 (1b) In this section, “rehabilitated" means a significant rebuilding of railroad track that restores severely deteriorated track to a minimum service standard or, for track that is at or above a minimum service standard, that increases the service standard of the track.

113,61 Section 61 . 85.085 (3) of the statutes is amended to read:

85.085 (3) The department shall not make any payment under this section unless the applicable private road crossing permit provides that the rail transit commission shall, at the user's sole cost and expense, maintain, repair and renew the private road crossing. “Maintain, repair and renew" does not include any rebuilding of a private road crossing that is required because the applicable tracks have been rehabilitated.

113,62 Section 62 . 85.20 (4m) (a) of the statutes is renumbered 85.20 (4m) (a) (intro.) and amended to read:

85.20 (4m) (a) (intro.) From the amounts appropriated under s. 20.395 (1) (bq), an amount equal to 42% of the projected operating expenses of each eligible applicant's urban mass transit system An amount shall be allocated to each eligible applicant. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system. The department shall make allocations as follows:

113,63m Section 63m. 85.20 (4m) (a) 1. to 5. of the statutes are created to read:

85.20 (4m) (a) 1. a. From the appropriation under s. 20.395 (1) (dq), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses in excess of $80,000,000.

b. For the purpose of making allocations under subd. 1. a., the amounts for aids are $43,131,700 in calendar year 1996 and $44,425,700 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

2. a. From the appropriation under s. 20.395 (1) (dr), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses greater than $20,000,000 but not more than $80,000,000.

b. For the purpose of making allocations under subd. 2. a., the amounts for aids are $10,891,700 in calendar year 1996 and $11,218,500 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

3. a. From the appropriation under s. 20.395 (1) (ds), the uniform percentage for each eligible applicant in an urbanized area having a population as shown in the 1990 federal decennial census of more than 200,000 or receiving federal mass transit aid for such area, and not specified in subd. 1. or 2.

b. For the purpose of making allocations under subd. 3. a., the amounts for aids are $2,185,400 in calendar year 1996 and $2,251,000 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

4. a. From the appropriation under s. 20.395 (1) (dt), the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 1990 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 1., 2. or 3.

b. For the purpose of making allocations under subd. 4. a., the amounts for aids are $13,582,400 in calendar year 1996 and $13,989,900 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

5. a. From the appropriation under s. 20.395 (1) (du), the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 1990 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.

b. For the purpose of making allocations under subd. 5. a., the amounts for aids are $4,258,800 in calendar year 1996 and $4,386,600 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

113,64 Section 64. 85.20 (4m) (am) of the statutes is repealed.

113,65 Section 65 . 85.20 (4m) (e) of the statutes is repealed.

113,66b Section 66b. 85.20 (4m) (em) 1. of the statutes is amended to read:

85.20 (4m) (em) 1. An amount equal to 42% the same percentage of the audited operating expenses for the project year of the applicant's urban mass transit system that is specified for allocations to the applicant under par. (a) 1. to 5.

113,67b Section 67b. 85.20 (4s) of the statutes is amended to read:

85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (bq) (dq), (dr), (ds), (dt) or (du).

113,68b Section 68b. 85.20 (7) of the statutes is created to read:

85.20 (7) Cost-efficiency standards. (a) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. to 5. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection: