AB150: Bill Text Engrossed

AB150-engrossed, s. 3509s Section 3509s. 79.06 (2) (b) of the statutes is amended to read:

AB150-engrossed,1223,24 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).

AB150-engrossed, s. 3510g Section 3510g. 79.10 (7r) (b) of the statutes is amended to read:

AB150-engrossed,1224,5 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.

AB150-engrossed, s. 3510h Section 3510h. 79.10 (9) (c) of the statutes is amended to read:

AB150-engrossed,1224,13 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.

AB150-engrossed, s. 3510m Section 3510m. 79.10 (10) (a) of the statutes is amended to read:

AB150-engrossed,1225,4 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.

AB150-engrossed, s. 3510p Section 3510p. 79.10 (10) (b) of the statutes is created to read:

AB150-engrossed,1225,11 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.

AB150-engrossed, s. 3510t Section 3510t. 79.10 (10) (c) of the statutes is created to read:

AB150-engrossed,1225,16 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.

AB150-engrossed, s. 3510u Section 3510u. 79.10 (10) (e) of the statutes is created to read:

AB150-engrossed,1225,20 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.

AB150-engrossed, s. 3511 Section 3511. 79.14 of the statutes is amended to read:

AB150-engrossed,1225,24 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.

AB150-engrossed, s. 3514 Section 3514. 80.38 (2) of the statutes is amended to read:

AB150-engrossed,1226,20 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.

AB150-engrossed, s. 3515m Section 3515m. 84.01 (13) of the statutes is amended to read:

AB150-engrossed,1227,2 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.

AB150-engrossed,1227,3 " Section 3516g. 84.01 (30) of the statutes is created to read:

AB150-engrossed,1227,9 84.01 (30) Environmental clean-up activities. From the appropriation under s. 20.395 (3) (aq), the department may fund environmental clean-up activities on lands acquired by the department that are not eligible to receive funding for such activities as part of a highway improvement project. Nothing in this subsection relieves a person from any responsibility to reimburse the department for any costs incurred by the department under this subsection.

AB150-engrossed, s. 3516m Section 3516m. 84.013 (2) (c) of the statutes is created to read:

AB150-engrossed,1227,13 84.013 (2) (c) The department shall give priority to the completion of the major highway project authorized in sub. (3) (vL) in programming the expenditure of funds for major highway projects.

AB150-engrossed, s. 3516r Section 3516r. 84.013 (3) (kb) to (km) of the statutes are created to read:

AB150-engrossed,1227,17 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.

AB150-engrossed,1227,21 (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.

AB150-engrossed,1227,25 (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.

AB150-engrossed, s. 3517c Section 3517c. 84.013 (3) (ye) of the statutes is amended to read:

AB150-engrossed,1228,3 84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.

AB150-engrossed, s. 3517g Section 3517g. 84.02 (4) (b) of the statutes is amended to read:

AB150-engrossed,1228,19 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.

AB150-engrossed, s. 3517m Section 3517m. 84.06 (1) of the statutes is amended to read:

AB150-engrossed,1228,25 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.

AB150-engrossed,1229,7 (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.

AB150-engrossed, s. 3519g Section 3519g. 84.06 (2) (a) of the statutes is amended to read:

AB150-engrossed,1230,4 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.

AB150-engrossed, s. 3519i Section 3519i. 84.06 (4) of the statutes is amended to read:

AB150-engrossed,1230,24 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.

AB150-engrossed, s. 3519jc Section 3519jc. 84.076 (5) of the statutes is amended to read:

AB150-engrossed,1231,2 84.076 (5) Sunset. This section does not apply after June 30, 1995 September 30, 1997.

AB150-engrossed, s. 3519je Section 3519je. 84.078 (1) (a) of the statutes is renumbered 84.078 (1) (bm).

AB150-engrossed, s. 3519jg Section 3519jg. 84.078 (1) (am) of the statutes is created to read:

AB150-engrossed,1231,7 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.

AB150-engrossed, s. 3519jm Section 3519jm. 84.078 (1) (ar) of the statutes is created to read:

AB150-engrossed,1231,9 84.078 (1) (ar) "Highway improvement" has the meaning given in s. 84.06 (1).

AB150-engrossed, s. 3519jp Section 3519jp. 84.078 (1) (b) of the statutes is repealed.

AB150-engrossed, s. 3519jr Section 3519jr. 84.078 (2) of the statutes is amended to read:

AB150-engrossed,1231,19 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.

AB150-engrossed, s. 3519jt Section 3519jt. 84.078 (3) of the statutes is created to read:

AB150-engrossed,1231,24 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:

AB150-engrossed,1232,4 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.

AB150-engrossed,1232,10 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.

AB150-engrossed,1232,16 (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:

AB150-engrossed,1232,18 1. Statutes or rules are amended that would impose greater responsibilities on the department of transportation.

AB150-engrossed,1232,22 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.

AB150-engrossed,1233,4 (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.

AB150-engrossed,1233,8 (d) 1. No state agency may 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 a highway improvement certified under par. (a) 2.

AB150-engrossed,1233,12 2. 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.

AB150-engrossed, s. 3520 Section 3520. 84.25 (11) of the statutes is amended to read:

AB150-engrossed,1233,18 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.

AB150-engrossed, s. 3523g Section 3523g. 84.59 (6) of the statutes is amended to read:

AB150-engrossed,1234,2 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 $1,089,701,500 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $841,634,000 $1,046,821,300 of the $950,834,000 $1,089,701,500 may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.

AB150-engrossed, s. 3524g Section 3524g. 85.012 of the statutes is created to read:

AB150-engrossed,1234,9 85.012 Plans and programs exempt from consideration of environmental impacts. A plan or program under the jurisdiction of the department is not a major action significantly affecting the quality of the human environment under s. 1.11 (2). For purposes of this section, a plan or program of the department does not include a transportation project under the jurisdiction of the department.

AB150-engrossed, s. 3524m Section 3524m. 85.015 of the statutes is amended to read:

AB150-engrossed,1234,15 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.

AB150-engrossed, s. 3524pe Section 3524pe. 85.022 (1) (m) of the statutes is repealed.

AB150-engrossed, s. 3524pg Section 3524pg. 85.022 (2) of the statutes is created to read:

AB150-engrossed,1234,21 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.

AB150-engrossed,1234,23 (b) 1. Except as provided in subd. 2., funds may be expended under par. (a) only to match funds, at the ratio of one-to-one from the state of Minnesota for the study.

AB150-engrossed,1235,3 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.

AB150-engrossed, s. 3524pj Section 3524pj. 85.026 of the statutes is created to read:

AB150-engrossed,1235,7 85.026 Urban rail transit system studies. Notwithstanding any other provision of this chapter, the department may not expend any moneys for the study of an urban rail transit system, including any light rail transit system.

AB150-engrossed, s. 3524pm Section 3524pm. 85.061 (3) of the statutes is amended to read:

AB150-engrossed,1235,22 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.

AB150-engrossed, s. 3524pr Section 3524pr. 85.08 (4m) (e) 1. of the statutes is amended to read:

AB150-engrossed,1236,7 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).

AB150-engrossed, s. 3524pt Section 3524pt. 85.085 (1) of the statutes is renumbered 85.085 (1m).

AB150-engrossed, s. 3524pv Section 3524pv. 85.085 (1b) of the statutes is created to read:

AB150-engrossed,1236,13 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.

AB150-engrossed, s. 3524px Section 3524px. 85.085 (3) of the statutes is amended to read:

AB150-engrossed,1236,20 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.

AB150-engrossed, s. 3525 Section 3525. 85.09 (4m) of the statutes is amended to read:

AB150-engrossed,1237,2 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.

AB150-engrossed, s. 3526fg Section 3526fg. 85.145 of the statutes is created to read:

AB150-engrossed,1237,7 85.145 Television and video services. The department shall use other publicly owned television or video production facilities to the maximum extent possible before contracting with any private entity to provide any television or video services to the department.

AB150-engrossed, s. 3526fm Section 3526fm. 85.19 (1) of the statutes is amended to read:

AB150-engrossed,1237,16 85.19 (1) Standards. The department, in consultation with the department of natural resources, shall, by rule, establish standards for the control of soil erosion related to highway and bridge construction that is funded in whole or in part with state or federal funds. At a minimum, the standards shall require the use of best management practices No standard established under this section applicable to the construction, rehabilitation or improvement of any highway may be more stringent than the standards required under federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).