(h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with subch. II of ch. 18.
27,2485g
Section 2485g. 85.53 of the statutes is created to read:
85.53 Pretrial intoxicated driver intervention grant program. (1) In this section:
(a) “Defendant" means a person accused of or charged with a 2nd or subsequent violation of operating while intoxicated.
(b) “Eligible applicant" means a city, village, town, county or private nonprofit organization.
(c) “Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.
(d) “Operating while intoxicated" means a violation of s. 346.63 (1) or (2m) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6), 940.09 (1) or 940.25.
(2) The department shall administer the pretrial intoxicated driver intervention grant program. The program shall award grants to eligible applicants to administer a local pretrial intoxicated driver intervention program that, prior to the sentencing of a defendant for operating while intoxicated, does all of the following:
(a) Identifies the defendant and notifies him or her of the availability and cost of the program and that, if the defendant is convicted, a court will consider the defendant's participation in the program when imposing a sentence.
(b) Monitors the defendant's use of intoxicants to reduce the incidence of abuse.
(c) Treats the defendant's abuse of intoxicants to reduce the incidence of abuse.
(d) Reports to the court on the defendant's participation in the program.
(e) Requires program participants to pay a reasonable fee to participate in the program. Such a fee may not exceed 20% of the actual per capita cost of the program.
(3) Grants under this section shall be paid from the appropriation under s. 20.395 (5) (jr). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program. The total amount of grants awarded under this section may not exceed $500,000.
(4) (a) Not later than December 31 of each even-numbered year, the department shall submit a report to the legislature under s. 13.172 (2) that states the number of individuals arrested for a 2nd or subsequent offense of operating while intoxicated; the number of individuals who completed a local pretrial intoxicated driver intervention program; the percentage of successful completion of all individuals who commence such a program; the number of individuals who, after completing such a program, are arrested for a 3rd or subsequent offense of operating while intoxicated; and the number of individuals eligible to participate in a program who did not complete a program and who, after becoming eligible to participate in the program, are arrested for a 3rd or subsequent offense of operating while intoxicated.
(b) An eligible applicant who receives a grant under sub. (2) shall, not later than December 31 of the year for which the grant was made, submit a report to the speaker of the assembly and to the president of the senate in the manner described in s. 13.172 (3) summarizing the results of the pretrial intoxicated driver intervention program administered by the eligible applicant and providing any additional information required by the department.
(5) Consent to participate in a local pretrial intoxicated driver intervention program funded under this section is not an admission of guilt and the consent may not be admitted in evidence in a trial for operating while intoxicated. No statement relating to operating while intoxicated, made by the defendant in connection with any discussions concerning the program or to any person involved in the program, is admissible in a trial for operating while intoxicated.
27,2485m
Section 2485m. 85.54 of the statutes is created to read:
85.54 Major highway development finance plan. Biennially, beginning on October 1, 1998, the secretary of transportation and the secretary of administration jointly shall submit a biennial major highway develop
ment finance plan to the state building commission and the joint committee on finance and to the chief clerk of each house of the legislature for distribution to the appropriate legislative standing committees under s. 13.172 (3). The plan shall contain estimates over the next 5 biennia of transportation fund revenues, funding for the major highway development program summarized by funding source, proceeds from the sale of transportation revenue obligation bonds, vehicle registration fees pledged against the repayment of revenue obligation bonds, debt service payments paid from transportation fund revenues for transportation revenue obligation bonds and general obligation bonds, total transportation fund revenues, and the assumptions used to arrive at those estimates. The plan shall include information on the impact of the level of bonding authorization included in the plan relative to a guideline that total transportation debt service expenditures should not exceed 10% of total transportation fund revenues, and to a guideline that transportation revenue obligation bond proceeds should be used to fund not more than 55% of the major highway development program.
27,2486
Section 2486
. 85.60 of the statutes is created to read:
85.60 Aid to professional baseball park districts. The department may make aid payments from the appropriation under s. 20.395 (1) (gr) to a local professional baseball park district created under subch. III of ch. 229 for this state's share of costs for the development, construction, reconstruction or improvement of bridges, highways, parking lots, garages, transportation facilities or other functionally related or auxiliary facilities or structures associated with the construction of a new stadium to be used as a home field by a major league professional baseball team in the district.
27,2486ag
Section 2486ag. 85.60 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.
27,2486am
Section 2486am. 86.19 (7) of the statutes is created to read:
86.19 (7) The department shall accept from interested persons a petition for the replacement of any sign that is lawfully erected within the right-of-way of a state trunk highway and that, because of damage or deterioration, is in need of replacement. The department by rule shall establish the contents required of a petition submitted under this subsection, the criteria the department will use to consider such a petition and specifications for the construction and erection of signs replaced under this subsection. Whenever the department approves a petition under this subsection, the petitioners may choose to have the sign replaced by the department or by any person authorized by the department to construct or erect such signs, and shall pay the department or the private company for the sign and its erection. The department shall erect a replacement for the sign that is the subject of a petition approved under this subsection upon receipt of payment for the sign and its erection.
27,2486ar
Section 2486ar. 86.195 (2) (ag) 16m. of the statutes is created to read:
86.195 (2) (ag) 16m. STH 172 from I 43 southeast of Green Bay to STH 54 west of Ashwaubenon.
27,2486b
Section 2486b. 86.30 (2) (a) 3. d. and e. of the statutes are repealed.
27,2486bg
Section 2486bg. 86.30 (2) (a) 3. f. of the statutes is amended to read:
86.30 (2) (a) 3. f. In calendar year 1997 and thereafter, $1,432.
27,2486bj
Section 2486bj. 86.30 (2) (a) 3. g. of the statutes is created to read:
86.30 (2) (a) 3. g. In calendar year 1998 and thereafter, $1,596.
27,2486gm
Section 2486gm. 86.30 (9) of the statutes is amended to read:
86.30 (9) Aids calculations. (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $66,588,900 in calendar year 1995, $68,586,600 in calendar year 1996 and $70,644,200 in calendar year 1997 and $78,744,300 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
(c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $209,496,900 in calendar year 1995, $215,781,800 in calendar year 1996 and $222,255,300 in calendar year 1997 and $247,739,100 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
27,2486gy
Section 2486gy. 86.303 (6) (e) of the statutes is amended to read:
86.303 (6) (e) Cost data shall not include state or federal contributions to the work, all other public agency fund contributions, and all private contributions other than local assessments or special assessments paid by governmental agencies.
27,2486hc
Section 2486hc. 86.31 (2) (a) of the statutes is amended to read:
86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with the requirements of subs. (3), (3g) and (3m). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.
27,2486he
Section 2486he. 86.31 (3) (b) (intro.) of the statutes is amended to read:
86.31 (3) (b) (intro.) From the appropriation under s. 20.395 (2) (fr), after first deducting the funds allocated under sub. subs. (3g) and (3m), the department shall allocate funds for entitlement as follows:
27,2486hg
Section 2486hg. 86.31 (3g) of the statutes is created to read:
86.31 (3g) County trunk highway improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $5,000,000 in each fiscal year to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).
27,2486hj
Section 2486hj. 86.31 (6) (d) of the statutes is amended to read:
86.31 (6) (d) Procedures for reimbursements for county trunk highway improvements under sub. (3g) and for town road improvements under sub. (3m).
27,2486j
Section 2486j. 86.315 (1) of the statutes is amended to read:
86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $300 $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the $300 per mile payments required under this subsection, the department shall prorate the amount appropriated in the manner it deems considers desirable.
27,2486k
Section 2486k. 86.32 (2) (am) 5. and 6. of the statutes are repealed.
27,2486L
Section 2486L. 86.32 (2) (am) 7. of the statutes is amended to read:
86.32 (2) (am) 7. For 1995 and thereafter,1996 and 1997, $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.
27,2486Lm
Section 2486Lm. 86.32 (2) (am) 8. of the statutes is created to read:
86.32 (2) (am) 8. For 1998 and thereafter, $11,724 per lane mile for municipalities having a population over 500,000; $10,860 per lane mile for municipalities having a population of 150,001 to 500,000; $9,678 per lane mile for municipalities having a population of 35,001 to 150,000; $8,525 per lane mile for municipalities having a population of 10,000 to 35,000; and $7,345 per lane mile for municipalities having a population under 10,000.
27,2487
Section 2487
. 88.145 of the statutes is amended to read:
88.145 Limitation of damages and suits. In any action against a drainage district, drainage board, drainage board member, drainage board employe or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on the amount recoverable by any person under s. 893.80 (3) applies to the drainage board, the members and employes of the drainage board, the drainage district and any owner of land within the district who undertakes work approved by the drainage board. This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.
27,2488
Section 2488
. 88.40 (2) of the statutes is amended to read:
88.40 (2) From the time of recordation of recording the order confirming such assessments for costs until they are paid, such assessments and the interest thereon are a first lien upon the lands assessed and take priority over all other liens or mortgages except liens for general taxes and liens under ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81, regardless of the priority in time of such other liens or mortgages.
27,2488c
Section 2488c. 88.41 (1) of the statutes is amended to read:
88.41 (1) All assessments for costs are due and payable at once 4 months after the date on which the order making the assessments is issued unless the drainage board by order directs that the assessments may be paid in instalments. Assessments shall be paid to the county treasurer as treasurer of the drainage district.
27,2488g
Section 2488g. 92.04 (2) (b) of the statutes is amended to read:
92.04 (2) (b) (title) Review
erosion control land and water resource management plans. The board shall review soil erosion control land and water resource management plans prepared under s. 92.10 and make recommendations to the department on approval or disapproval of those plans.
27,2488h
Section 2488h. 92.05 (3) (k) of the statutes is created to read:
92.05 (3) (k) Nutrient management rules. The department shall promulgate rules to improve agricultural nutrient management in this state. The rules shall be consistent with rules promulgated under s. 281.16 (3) and shall include incentives, educational and outreach provisions and compliance requirements.
27,2488i
Section 2488i. 92.07 (2) of the statutes is amended to read:
92.07 (2) Standards. Each land conservation committee may develop and adopt standards and specifications for management practices to control erosion, sedimentation and nonpoint source water pollution. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after the effective date of this subsection .... [revisor inserts date], and, if cost-sharing is available to the owner or operator under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). The land conservation committee shall use the rules promulgated under s. 281.16 (3) (e) to determine whether cost-sharing is available.
27,2488im
Section 2488im. 92.07 (7m) of the statutes is created to read:
92.07 (7m) Assistance to the department of transportation. Each land conservation committee shall cooperate with the department of transportation as requested under s. 85.195.
27,2488s
Section 2488s. 92.10 (title), (1) and (2) of the statutes are amended to read:
92.10 (title) Erosion control Land and water resource management planning program. (1) Creation. There is created an erosion control
a land and water resource management planning program. The department, board and land conservation committees in identified priority counties jointly shall develop and administer this program.
(2) Purposes. The purposes of the erosion control land and water resource management planning program are to conserve long-term soil productivity, protect the quality of related natural resources, enhance water quality and focus on severe soil erosion problems in identified priority counties.
27,2488t
Section 2488t. 92.10 (3) (a) of the statutes is amended to read:
92.10 (3) (a) Identification. The department shall identify priority soil erosion control counties. Identified priority counties are required to prepare soil erosion control plans.
27,2488u
Section 2488u. 92.10 (3) (c) of the statutes is repealed.
27,2489ad
Section 2489ad. 92.10 (4) (a) of the statutes is amended to read:
92.10 (4) (a) Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion. The department shall cooperate with the land information board under s. 16.967 in developing this methodology or any related activities related to land information collection.
27,2489c
Section 2489c. 92.10 (4) (c) of the statutes is amended to read:
92.10 (4) (c) Plan assistance. The department shall assist land conservation committees in identified priority counties in preparing soil erosion control
land and water resource management plans. The department may allocate funds appropriated under s. 20.115 (7) (c) to land conservation committees in identified priority counties to cover up to 50% of the cost of preparing soil erosion control land and water resource management plans.
27,2489d
Section 2489d. 92.10 (4) (d) of the statutes is amended to read:
92.10 (4) (d) Plan review. The department shall review and approve or disapprove soil erosion control
land and water resource management plans submitted by the land conservation committees in identified priority counties. The department may require land conservation committees to indicate specific projects to be funded under each plan and the related cost-sharing rates.
27,2489e
Section 2489e. 92.10 (5) (a) of the statutes is amended to read:
92.10 (5) (a) Plan review. The board shall review soil erosion control land and water resource management plans submitted by the land conservation committees and make recommendations to the department.
27,2489f
Section 2489f. 92.10 (6) (a) (intro.) of the statutes is amended to read:
92.10 (6) (a) Plan preparation. (intro.) A land conservation committee in an identified priority county shall prepare a soil erosion control land and water resource management plan which does all of the following:
27,2489g
Section 2489g. 92.10 (6) (a) 6. and 7. of the statutes are created to read:
92.10 (6) (a) 6. Identifies causes, other than soil erosion, of nonpoint source water pollution.
7. Describes all proposed county activities related to nonpoint source water pollution.
27,2489h
Section 2489h. 92.10 (6) (b) of the statutes is amended to read:
92.10 (6) (b) Notification. A land conservation committee in an identified priority county shall notify landowners and land users of the results of any determinations of concerning soil erosion rates and nonpoint source water pollution, and provide an opportunity for landowners and land users to present information relating to the accuracy of the determinations during preparation of the soil erosion control land and water resource management plan.
27,2489j
Section 2489j. 92.10 (6) (c) of the statutes is amended to read:
92.10 (6) (c) Hearings. A land conservation committee in an identified priority county shall hold one or more public hearings on the soil erosion control land and water resource management plan.
27,2489k
Section 2489k. 92.10 (6) (d) of the statutes is amended to read:
