Amendment SA1-AB557

AB557-SA1,5,2 " Section 40t. 76.02 (10) of the statutes is amended to read:

AB557-SA1,5,14 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.

AB557-SA1, s. 40u Section 40u. 76.03 (1) of the statutes is amended to read:

AB557-SA1,5,20 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.

AB557-SA1, s. 40v Section 40v. 76.07 (1) of the statutes is amended to read:

AB557-SA1,6,4 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.

AB557-SA1, s. 40w Section 40w. 76.07 (2) of the statutes is amended to read:

AB557-SA1,7,2 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.

AB557-SA1, s. 40x Section 40x. 76.07 (4g) (a) 16. of the statutes is amended to read:

AB557-SA1,7,6 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.".

AB557-SA1,7,10 32. Page 29, line 5: delete the material beginning with "the" and ending with "1," on line 6, and substitute: "any major highway project involving STH 29 from Green Bay to Chippewa Falls in Brown, Shawano, Marathon, Clark and Chippewa counties by December 31,".

AB557-SA1,7,11 33. Page 29, line 21: after that line insert:

AB557-SA1,7,12 " Section 54m. 84.014 of the statutes is created to read:

AB557-SA1,7,16 84.014 State highway construction projects. Major highway projects under s. 84.013 and all other state highway construction or improvement projects funded from the appropriations under s. 20.395 (3) or (9) are exempted from s. 779.14.".

AB557-SA1,7,20 34. Page 30, line 5: delete the material beginning with "From" and ending with "following" on line 6 and substitute: "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), (cv) and (cx)".

AB557-SA1,7,21 35. Page 30, line 11: after that line insert:

AB557-SA1,8,7 "(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.".

AB557-SA1,8,9 36. Page 30, line 12: delete the material beginning with that line and ending with page 31, line 15.

AB557-SA1,8,10 37. Page 31, line 15: after that line insert:

AB557-SA1,8,11 " Section 56t. 84.41 (4) of the statutes is amended to read:

AB557-SA1,8,15 84.41 (4) Contractor's liens; performance and payment bonds. The provisions of s. 779.15 pertaining to contractor's liens and related matters, and s. 779.14 relating to performance and payment bonds, shall apply in the same manner as such law applies to other state highway construction projects.".

AB557-SA1,8,16 38. Page 34, line 8: after that line insert:

AB557-SA1,8,17 " Section 57q. 85.06 (4) of the statutes is created to read:

AB557-SA1,8,22 85.06 (4) Rail passenger service grants. (a) There is established in the transportation fund a reserve account consisting of $250,000 for the purpose of funding rail passenger service grants under s. 234.665. The reserve account under this paragraph shall be reduced by the amount of any supplemental appropriation made under s. 234.665 (3).

AB557-SA1,8,23 (b) This subsection does not apply after December 31, 1999.".

AB557-SA1,9,2 39. Page 35, line 23: delete the material beginning with that line and ending with page 37, line 9.

AB557-SA1,9,3 40. Page 37, line 21: after that line insert:

AB557-SA1,9,4 " Section 75m. 86.19 (2m) of the statutes is created to read:

AB557-SA1,9,7 86.19 (2m) Except for activities licensed by the gaming commission, the department may not erect or maintain any sign informing motorists of any gaming operation.".

AB557-SA1,9,8 41. Page 38, line 4: delete lines 4 to 11.

AB557-SA1,9,9 42. Page 38, line 21: substitute "$215,781,800" for "$213,381,800".

AB557-SA1,9,10 43. Page 38, line 22: substitute "$222,255,300" for "$219,855,300".

AB557-SA1,9,12 44. Page 38, line 25: delete the material beginning with that line and ending with page 39, line 10 and substitute:

AB557-SA1,9,13 " Section 83m. 86.32 (2) (am) 7. of the statutes is amended to read:

AB557-SA1,9,19 86.32 (2) (am) 7. For 1995 and thereafter, $10,468 per lane mile for municipalities having a population over 500,000; $9,696 per lane mile for municipalities having a population of 150,001 to 500,000; $8,641 per lane mile for municipalities having a population of 35,001 to 150,000; $7,612 per lane mile for municipalities having a population of 10,000 to 35,000; and $6,558 per lane mile for municipalities having a population under 10,000.".

AB557-SA1,9,20 45. Page 49, line 8: after that line insert:

AB557-SA1,9,21 " Section 118m. 234.665 of the statutes is created to read:

AB557-SA1,9,22 234.665 Rail passenger service grants. (1) Definitions. In this section:

AB557-SA1,9,23 (a) "Amtrak" means the national railroad passenger corporation.

AB557-SA1,10,2 (b) "Eligible applicant" means a private entity that provides or intends to provide rail passenger service.

AB557-SA1,10,5 (2) Powers of authority. The authority shall establish and administer a rail passenger service grant program to facilitate and encourage rail passenger service on the route between the cities of Milwaukee and Chicago, Illinois.

AB557-SA1,10,7 (3) Grant conditions. (a) The authority shall award a grant of $50,000 to one eligible applicant if all of the following apply:

AB557-SA1,10,10 1. The eligible applicant submits an application for the grant under this paragraph. The application shall include a preliminary plan that contains all of the following:

AB557-SA1,10,13 a. Information that specifies how the eligible applicant anticipates providing rail passenger service on the route between the cities of Milwaukee and Chicago, Illinois, without the need of a state subsidy.

AB557-SA1,10,15 b. Details on the expansion of rail passenger service to the cities of Green Bay and Madison.

AB557-SA1,10,17 c. Information on the possible expansion of rail passenger service by the eligible applicant to other locations.

AB557-SA1,10,21 d. If the eligible applicant is applying to operate pursuant to an agreement with Amtrak, satisfactory evidence that Amtrak has agreed to negotiate with the eligible applicant regarding the expansion of rail passenger service between the cities of Milwaukee and Chicago, Illinois, by the eligible applicant.

AB557-SA1,11,3 2. The authority, after reviewing the application submitted under subd. 1., determines that a grant to the eligible applicant is likely to facilitate and encourage rail passenger service on the route between the cities of Milwaukee and Chicago, Illinois, and submits a request to the joint committee on finance for the joint committee on finance to supplement, from the appropriation under s. 20.865 (4) (u), by $50,000 the appropriation under s. 20.490 (3) (q) for the purpose of awarding the grant under this paragraph.

AB557-SA1,11,7 3. The joint committee on finance approves the request under subd. 2. and, notwithstanding s. 13.101 (3) (a), makes the supplement specified in subd. 2. Upon receipt of the supplement, the authority shall award the grant of $50,000 to the eligible applicant from the appropriation under s. 20.490 (3) (q).

AB557-SA1,11,9 (b) The authority shall award a grant of $200,000 to one eligible applicant if all of the following apply:

AB557-SA1,11,11 1. The eligible applicant submits an application for the grant under this paragraph. The application shall include a plan that contains all of the following:

AB557-SA1,11,14 a. Information that specifies how the eligible applicant will provide rail passenger service on the route between the cities of Milwaukee and Chicago, Illinois, without the need of a state subsidy.

AB557-SA1,11,16 b. Details on the expansion of rail passenger service to the cities of Green Bay and Madison.

AB557-SA1,11,18 c. Information on the possible expansion of rail passenger service by the eligible applicant to other locations.

AB557-SA1,11,21 d. Model standby agreements for track rights, labor, insurance, equipment leasing, dispatching, marketing, ticketing and the training and testing of railroad crews.

AB557-SA1,11,24 e. If the eligible applicant is applying to operate pursuant to an agreement with Amtrak, satisfactory evidence that Amtrak and the eligible applicant have entered into a service agreement.

AB557-SA1,12,7 2. The authority, after reviewing the application submitted under subd. 1., determines that a grant to the eligible applicant is likely to facilitate and encourage rail passenger service on the route between the cities of Milwaukee and Chicago, Illinois, and submits a request to the joint committee on finance for the joint committee on finance to supplement, from the appropriation under s. 20.865 (4) (u), by $200,000 the appropriation under s. 20.490 (3) (q) for the purpose of awarding the grant under this paragraph.

AB557-SA1,12,11 3. The joint committee on finance approves the request under subd. 2. and, notwithstanding s. 13.101 (3) (a), makes the supplement specified in subd. 2. Upon receipt of the supplement, the authority shall award the grant of $200,000 to the eligible applicant from the appropriation under s. 20.490 (3) (q).

AB557-SA1,12,12 (4) Applicability. This section does not apply after December 31, 1999.".

AB557-SA1,12,15 46. Page 49, line 22: delete "dealers. The" and substitute "contractors. (1m) In this section, "contractor" means a person who has contracted with the department to provide services under this section.

AB557-SA1,12,16 (2) The".

AB557-SA1,12,18 47. Page 49, line 23: delete "a motor vehicle dealer" and substitute "any person".

AB557-SA1,12,19 48. Page 49, line 25: delete "motor vehicle dealer" and substitute "contractor".

AB557-SA1,12,21 49. Page 50, line 1: delete "with a motor vehicle dealer" and substitute "under this section".

AB557-SA1,12,23 50. Page 50, line 3: delete "(1)" and substitute "(a)"; and delete "motor vehicle dealer" and substitute "contractor".

AB557-SA1,12,24 51. Page 50, line 6: delete "(2)" and substitute "(b)"; and delete "motor".

AB557-SA1,13,1 52. Page 50, line 7: delete "vehicle dealer" and substitute "contractor".

AB557-SA1,13,3 53. Page 50, line 9: delete "(3)" and substitute "(c)"; and delete "motor vehicle dealer" and substitute "contractor".

AB557-SA1,13,4 54. Page 50, line 11: delete "(4)" and substitute "(d)".

AB557-SA1,13,5 55. Page 50, line 12: delete "motor vehicle dealer" and substitute "contractor".

AB557-SA1,13,6 56. Page 62, line 13: after that line insert:

AB557-SA1,13,7 " Section 172b. 343.24 (2m) of the statutes is amended to read:

AB557-SA1,13,21 343.24 (2m) If the department, in maintaining a computerized operating record system, makes copies of its operating record file data base, or a portion thereof, on computer tape or other electronic media, copies of the tape or media may be furnished to any person on request. The department may also furnish to any person upon request records on computer tape or other electronic media that contain information from files of uniform traffic citations or motor vehicle accidents and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department shall charge a fee of $3 for each file of vehicle operators' records contained in the tape or media. The department shall charge a fee of not more than $3 for each file of uniform traffic citations or motor vehicle accidents contained in the tape or media. Nothing in this subsection requires the department to produce records of particular files or data in a particular format except as those records or data are made by the department for its purposes.".

AB557-SA1,13,22 57. Page 76, line 9: after that line insert:

AB557-SA1,13,24 " Section 205b. 779.14 (1) (intro.) and (a) of the statutes are consolidated, renumbered 779.14 (1) and amended to read:

AB557-SA1,14,4 779.14 (1) In this section, "subcontractor or supplier" means the following: (a) Any any person who has a direct contractual relationship, expressed or implied, with the prime contractor or with any subcontractor of the prime contractor to perform labor or furnish materials, except as provided in par. (b).

AB557-SA1, s. 205g Section 205g. 779.14 (1) (b) of the statutes is repealed.

AB557-SA1, s. 205j Section 205j. 779.14 (2) (a) 2. of the statutes is amended to read:

AB557-SA1,14,11 779.14 (2) (a) 2. Except as provided in subd. 3., failure Failure of the prime contractor or a subcontractor of the prime contractor to comply with a contract, whether express or implied, with a subcontractor or supplier for the performance of labor or furnishing of materials for the purpose of making the public improvement or performing the public work that is the subject of the contract under sub. (1m).

AB557-SA1, s. 205m Section 205m. 779.14 (2) (a) 3. of the statutes is repealed.

AB557-SA1, s. 205p Section 205p. 779.14 (4) of the statutes is created to read:

AB557-SA1,14,16 779.14 (4) This section does not apply to any contract for a major highway project under s. 84.013 or a state highway construction or improvement project funded from the appropriations under s. 20.395 (3) or (9).".

AB557-SA1,14,17 58. Page 78, line 21: delete lines 21 and 22.

AB557-SA1,14,18 59. Page 79, line 1: substitute "January 1, 1996" for "December 1, 1995".

AB557-SA1,14,19 60. Page 79, line 10: delete lines 10 to 13.

AB557-SA1,14,20 61. Page 80, line 22: after that line insert:

AB557-SA1,14,21 "(4m) Department records.

AB557-SA1,15,6 (a) Notwithstanding section 343.24 (2m) of the statutes, as affected by this act, the department of transportation shall contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and which were produced for or developed by the department for purposes related to maintenance of the operating record file data base. The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this paragraph. No record may be furnished under this subsection after June 30, 1997.

AB557-SA1,15,13 (b) The department of transportation shall, no later than March 1, 1996, submit a report to each member of the joint committee on finance summarizing the terms and conditions of any contract entered into under paragraph (a). If the department enters into a contract under paragraph (a) after March 1, 1996, the department shall, prior to the next regular quarterly meeting of the joint committee on finance, submit to each member of that committee a report summarizing the terms and conditions of that contract.