1995 Wisconsin Act 27

27,3509m Section 3509m. 79.05 (2) (c) of the statutes is amended to read:

79.05 (2) (c) Its municipal budget, exclusive of principal and interest on long-term debt, for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6), exclusive of principal and interest on long-term debt, for the year before that year by less than the sum of the inflation factor 3% and the valuation factor, rounded to the nearest 0.10%.

27,3509mi Section 3509mi. 79.05 (2m) of the statutes is repealed.

27,3509s Section 3509s. 79.06 (2) (b) of the statutes is amended to read:

79.06 (2) (b) If the payments to a municipality or county, except any county in which there are no cities or villages, in 1985 or any year thereafter exceed its combined payments under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under sub. (1) (c).

27,3510g Section 3510g. 79.10 (7r) (b) of the statutes is amended to read:

79.10 (7r) (b) The amounts determined under par. (a) shall be distributed by the department of administration on the first Friday in September during 1996 and every 5th year thereafter, based on applications on file with the county or city on August 1. A county or city shall inform the department of revenue of the number of applications on file before August 16.

27,3510h Section 3510h. 79.10 (9) (c) of the statutes is amended to read:

79.10 (9) (c) Credits shown on tax bill. The amount of the state property tax credits of particular property taxpayers, as determined under pars. (b) and (bm), shall be separately set forth on tax bills in the manner provided in s. 74.09. The lottery credit under par. (bm) shall reduce the property taxes otherwise payable for those taxpayers who are eligible to receive that credit and who furnish the information required under sub. (10) (a), and the credit under par. (b) shall reduce the property taxes otherwise payable.

27,3510m Section 3510m. 79.10 (10) (a) of the statutes is amended to read:

79.10 (10) (a) Beginning with property taxes levied in 1992 1996, the owner of a principal dwelling who is entitled to receive a lottery credit under sub. (9) (bm) may claim the credit by making an application on a form prescribed by the department of revenue. A claimant whose principal dwelling is on a parcel of taxable property shall attest that, as of the certification date, the claimant is the owner of the property and that the claimant uses the property as his or her principal dwelling. The certification date is January 1 of the year in which the property taxes are levied. The claimant shall file the application with the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87 or in a city that receives the approval of the department of revenue to accept applications, with the city treasurer of the city in which the property is located. Subject to review by the department of revenue, a treasurer who receives a completed application shall direct that the property described in the application be identified on the next tax roll as property for which the owner is entitled to receive a lottery credit. A claim that is made under this paragraph is valid for 5 years.

27,3510p Section 3510p. 79.10 (10) (b) of the statutes is created to read:

79.10 (10) (b) A person who becomes eligible for a credit under sub. (5) may claim the credit by filing an application, on a form prescribed by the department of revenue, with the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87, with the treasurer of the city in which the property is located. Claims that are made under this paragraph become invalid when claims that are made under par. (a) become invalid.

27,3510t Section 3510t. 79.10 (10) (c) of the statutes is created to read:

79.10 (10) (c) A person who becomes eligible for a credit under sub. (5) because of a purchase of a property may claim the credit by applying for it on the return under s. 77.22 (2). Claims that are made under this paragraph become invalid when claims that are made under par. (a) become invalid.

27,3510u Section 3510u. 79.10 (10) (e) of the statutes is created to read:

79.10 (10) (e) Counties and any city authorized to act under s. 74.87 shall submit to the department of revenue all data related to the lottery credit and requested by the department of revenue.

27,3511 Section 3511 . 79.14 of the statutes is amended to read:

79.14 (title) School levy tax credit. The appropriation under s. 20.835 (3) (b) is $319,305,000 in 1994, 1995 and 1996 and is $469,305,000 in 1997 and thereafter.

27,3514 Section 3514 . 80.38 (2) of the statutes is amended to read:

80.38 (2) If 6 or more freeholders residing within the limits of the village or other plat wish any streets in the plat to be so declared public highways and opened to public use, they may apply to the town board for that purpose in the manner provided in s. 80.02. Upon that application, the town board shall make and file an order, within 10 days, declaring the streets to be public highways or refusing so to do. In either case, any person considering himself or herself aggrieved by the order may appeal to the circuit court for the same county by filing with the town clerk a notice of appeal, specifying the grounds of appeal, within 20 days from the filing of the order, together with a written undertaking of the appellant, with one or more sufficient sureties, to be approved by the town clerk for the payment of all costs that may be awarded against the appellant, and paying to the clerk the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1. Within 20 days thereafter the town clerk shall deliver to the clerk of the circuit court all the papers in the case, together with the notice of appeal, with the date of service endorsed thereon, and pay the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; whereupon the clerk of the circuit court shall enter an action in the court record in which the appellant is the plaintiff and the town is the defendant. The issues as shown by the papers and the appeal shall be tried without further pleading, the same as in personal actions in circuit court, and judgment rendered and enforced as in other actions in which persons and municipal corporations are parties.

27,3515m Section 3515m. 84.01 (13) of the statutes is amended to read:

84.01 (13) Engineering services. The department may engage such engineering, consulting, surveying or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89, but ss. 16.528, 16.752 and, 16.754 and 16.855 (22) apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor.

27,3517g Section 3517g. 84.02 (4) (b) of the statutes is amended to read:

84.02 (4) (b) No person shall mark any other highway routes or trails unless the route marked shall coincide exactly with the state trunk system. No such routes shall be marked until exact descriptions of the routes selected for marking have been filed with and the routes and markings approved by the department. Every route laid out and marked shall be made to conform to the state trunk system, and the person responsible for the marking of such route shall remove or erase such marks from every portion of such route which does not coincide with the state trunk highway system. The department shall report to the secretary of state department of financial institutions any violations of or failure to comply with the provisions of this subsection, and the secretary of state department of financial institutions shall thereupon revoke the privilege, license or incorporation of the offender, and the department shall cause the offending marks to be erased, removed or destroyed. The expense of such erasure, removal or destruction shall be paid out of funds appropriated to the department, and may be recovered in the name of the state from the person responsible for such unauthorized marking.

27,3517m Section 3517m. 84.06 (1) of the statutes is amended to read:

84.06 (1) (title) Definitions , plans. “Improvement" In this section, “improvement" or “highway improvement" as used in this section includes construction, reconstruction and the activities, operations and processes incidental to building, fabricating or bettering a highway, public mass transportation system or street, but not maintenance.

(1m) (title) Plans. The department may prepare plans, estimates and specifications and undertake and perform all surveys, investigations and engineering work for any highway improvement within its jurisdiction. When provision has been made for the necessary funds for any such highway improvement and, if federal aid is to be utilized, when the project has been approved by the proper federal authorities, the department may proceed as provided in this section, with due regard to any applicable federal requirement or regulation.

27,3519g Section 3519g. 84.06 (2) (a) of the statutes is amended to read:

84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and, 16.754 and 16.855 (22) apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) (b) for any such contract involving an expenditure of less than $1,000 is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

27,3519i Section 3519i. 84.06 (4) of the statutes is amended to read:

84.06 (4) Special contracts with railroads and utilities. If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.528, 16.752 and, 16.754 and 16.855 (22). No such contract in which the total estimated debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As used in this subsection, “public utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier as defined in s. 196.01 (8m), and “railroad" means the same as in s. 195.02. “Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty or responsibility otherwise provided by law relative to such property.

27,3519je Section 3519je. 84.078 (1) (a) of the statutes is renumbered 84.078 (1) (bm).

27,3519jg Section 3519jg. 84.078 (1) (am) of the statutes is created to read:

84.078 (1) (am) “High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste, or any other waste with similar characteristics specified by the department of natural resources by rule.

27,3519jm Section 3519jm. 84.078 (1) (ar) of the statutes is created to read:

84.078 (1) (ar) “Highway improvement" has the meaning given in s. 84.06 (1).

27,3519jp Section 3519jp. 84.078 (1) (b) of the statutes is repealed.

27,3519jpg Section 3519jpg. 84.078 (1) (bc) of the statutes is created to read:

84.078 (1) (bc) “Operator" has the meaning given in s. 144.442 (9) (a) 1.

27,3519jpm Section 3519jpm. 84.078 (1) (be) of the statutes is created to read:

84.078 (1) (be) “Owner" has the meaning given in s. 144.442 (9) (a) 2.

27,3519jpr Section 3519jpr. 84.078 (1) (bg) of the statutes is created to read:

84.078 (1) (bg) “Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or an officer or agent of a state agency, federal agency, department or instrumentality.

27,3519jr Section 3519jr. 84.078 (2) of the statutes is amended to read:

84.078 (2) The department shall use or encourage the use of the maximum possible amount of recovered material, including ash from industrial or utility boilers, foundry sand, glass, paper mill sludge, wastepaper, pavement and rubber recovered from waste tires high-volume industrial waste as surfacing material, structural material, landscaping material and fill for all highway improvements, as defined under s. 84.06 (1), consistent with standard engineering practices. The department shall specify the proportion of recovered material that may be used in various types of highway improvements.

27,3519jt Section 3519jt. 84.078 (3) of the statutes is created to read:

84.078 (3) (a) Notwithstanding chs. 144, 147 and 160, no person is required to take or pay for any remedial or corrective action as a result of environmental pollution resulting from the use of high-volume industrial waste in a highway improvement project if all of the following apply:

1. The high-volume industrial waste is incorporated into the highway improvement in accordance with the policies, guidelines and rules applicable to the highway improvement at the time of the design of the improvement and at the time of certification under subd. 2.

2. The department of natural resources certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources.

(b) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources under par. (a) 2., notwithstanding the occurrence of any of the following:

1. Statutes or rules are amended that would impose greater responsibilities on the department of transportation.

2. Alterations due to construction, maintenance, utility installation or other activities by the department of transportation or approved by the department of transportation after the completion of the highway improvement affect the high-volume industrial waste at the site of the highway improvement.

(c) The department of transportation and the department of natural resources may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.

(d) 1. Except as provided in subd. 3., no state agency may commence an action or proceeding under federal law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.

2. Except as provided in subd. 3., no person may commence an action under state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.

3. If the department of transportation is named as a defendant or a respondent in an action or proceeding under federal law to require remedial action, or to recover the costs of remedying environmental pollution, related to the use of high-volume industrial waste in a highway improvement that satisfies the requirements under par. (a), the department of transportation may do any of the following:

a. Commence an action or proceeding under federal or state law to require remedial action, or to recover the costs of remedying environmental pollution, related to the use of high-volume industrial waste in that highway improvement.

b. Commence an action or proceeding to enforce any stipulation, agreement or judgment resulting from an action or proceeding described in this subdivision.

27,3520 Section 3520 . 84.25 (11) of the statutes is amended to read:

84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of health and social services industry, labor and human relations and operated by blind or visually impaired persons, shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

27,3524m Section 3524m. 85.015 of the statutes is amended to read:

85.015 Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528 and 16.752 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82 and 16.85 to 16.89, except that ss. 16.702 and 16.855 (22) apply to such contracts.

27,3525 Section 3525 . 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 industry, labor and human relations development.

27,3526m Section 3526m. 85.26 of the statutes is renumbered 106.26.

27,3528m Section 3528m. 87.305 (1) (d) of the statutes is amended to read:

87.305 (1) (d) The state historic preservation officer reviews the developer's plans for preservation or rehabilitation of the Dousman hotel and certifies that the preservation or rehabilitation will be consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 48 (g) (2) (C) 47 (c) (2).

27,3528p Section 3528p. 87.305 (2) (d) of the statutes is amended to read:

87.305 (2) (d) The state historic preservation officer determines that the preservation or rehabilitation of the Dousman hotel is not consistent with the standards used by the U.S. secretary of the interior to certify rehabilitations under 26 USC 48 (g) (2) (C) 47 (c) (2).

27,3529b Section 3529b. 88.05 (6) of the statutes is amended to read:

88.05 (6) Railroad companies shall file with the secretary of state department of financial institutions a document stating the name and post-office address of the person upon whom any notice required by this chapter may be served.

27,3529m Section 3529m. 88.62 (3) of the statutes is amended to read:

88.62 (3) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources.

27,3530g Section 3530g. 88.72 (3) of the statutes is amended to read:

88.72 (3) At the hearing on the petition, any interested person may appear and contest its sufficiency and the necessity for the work. If the drainage board finds that the petition has the proper number of signers and that to afford an adequate outlet it is necessary to remove dams or other obstructions from waters and streams which may be navigable, or to straighten, clean out, deepen or widen any waters or streams either within or beyond the limits of the district, the board shall file an application with the department of natural resources as provided in s. 30.20 or 88.31, as directed by the department of natural resources. Thereafter, proceedings shall be had as provided in s. 30.20 or 88.31 insofar as the same is applicable.

27,3530r Section 3530r. 88.72 (4) of the statutes is amended to read:

88.72 (4) Within 30 days after the department of natural resources has issued a permit under s. 30.20 or 88.31, the board shall proceed to estimate the cost of the work, including the expenses of the proceeding together with the damages that will result from the work, and shall, within a reasonable time, award damages to all lands damaged by the work and assess the cost of the work against the lands in the district in proportion to the assessment of benefits then in force.

27,3540 Section 3540 . 91.19 (6s) (a) (intro.) of the statutes is amended to read:

91.19 (6s) (a) (intro.) The department may release from a farmland preservation agreement any land acquired or to be acquired by a local unit of government, as defined in s. 16.20 106.215 (1) (e), for public improvements or structures, including highway improvements, if all of the following occur:

27,3549p Section 3549p. 92.103 (2) of the statutes is amended to read:

92.103 (2) This section does not apply after June 30, 1995 1997.

27,3550 Section 3550 . 92.14 (4r) of the statutes is amended to read:

92.14 (4r) Requesting transfer of funds. The department shall submit a request to the joint committee on finance for the transfer of funds from the appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7) (qd) if necessary to provide grants under sub. (4) (c).

27,3551 Section 3551 . 92.14 (5) (b) of the statutes is amended to read:

92.14 (5) (b) The department, with the approval of the board, may request the department of natural resources to transfer funds from the appropriation account under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) if the funds are needed to pay grants under par. (a).

27,3554 Section 3554 . 93.07 (10) (a) of the statutes is renumbered 93.07 (10) and amended to read:

93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of “communicable disease" in s. 990.01 (5g) does not apply to this paragraph subsection.

27,3555 Section 3555 . 93.07 (10) (b) of the statutes is repealed.