SB77-SSA1, s. 2481py
17Section 2481py. 85.20 (7) (a) 2. of the statutes, as affected by 1997 Wisconsin
18Act .... (this act), is amended to read:
SB77-SSA1,1138,2019
85.20
(7) (a) 2. Reduce the amount of state aid allocation under sub. (4m)
(a)
20or (ag).
SB77-SSA1,1139,5
2285.51 State traffic patrol services; special events fee. (1) Except as
23provided in sub. (2), the department may charge the event sponsor, as defined by rule,
24a fee, in an amount calculated under a uniform method established by rule, for
25security and traffic enforcement services provided by the state traffic patrol at any
1public event for which an admission fee is charged for spectators if the event is
2organized by a private organization. The department may not impose a fee for such
3services except as provided in this section. All moneys received under this subsection
4shall be deposited in the general fund and credited to the appropriation account
5under s. 20.395 (5) (dg).
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6(2) Subsection (1) does not apply to farm progress days subject to s. 85.515.
SB77-SSA1,1139,12
885.515 Farm progress days. (1) Except for the costs associated with the
9installation and maintenance of any highway signs specifically identifying farm
10progress days, the department is prohibited from charging any sponsor of farm
11progress days for any costs incurred by the department associated with farm
12progress days.
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13(2) The department shall promulgate rules specifying eligibility as a sponsor
14under sub. (1) and determining the conditions that shall be satisfied to qualify as
15farm progress days under sub. (1).
SB77-SSA1,1139,18
1785.52 Transportation infrastructure loan program. (1) Definitions. In
18this section:
SB77-SSA1,1139,1919
(ac) "Capital project" has the meaning given in
49 USC 5302.
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(ag) "Eligible applicant" means a county, city, village, town or combination
21thereof, Amtrak, as defined in s. 85.061 (1), a railroad, as defined in s. 85.01 (5), a
22private nonprofit organization that is an eligible applicant under s. 85.22 (2) (am),
23or a transit commission created under s. 59.58 (2) or 66.943.
SB77-SSA1,1139,2524
(am) "Fund" means the transportation infrastructure loan fund established
25under s. 25.405.
SB77-SSA1,1140,2
1(bm) "Other assistance" has the meaning given in P.L.
104-59, section 350 (L)
2(3).
SB77-SSA1,1140,33
(c) "Revenue obligation" has the meaning given in s. 18.52 (5).
SB77-SSA1,1140,8
4(2) Acceptance of federal capitalization grants. The department may enter
5into an agreement with the U.S. department of transportation to receive a
6capitalization grant under P.L.
104-59, section 350. The agreement may contain any
7provision required by P.L.
104-59, section 350, and any regulation, guideline or
8policy adopted under that section.
SB77-SSA1,1140,18
9(3) Administration. (a) The department shall administer a transportation
10infrastructure loan program to make loans, and to provide other assistance, to
11eligible applicants for highway projects or transit capital projects. The department
12of transportation may not make a loan or provide other assistance under the program
13unless the secretary of administration approves of the loan or other assistance and
14determines that the amounts in the fund, together with anticipated receipts, will be
15sufficient to fully pay principal and interest costs incurred on the revenue obligations
16issued under sub. (5). Loans or other assistance under the program for highway
17projects shall be credited to the highway account. Loans or other assistance under
18the program for transit capital projects shall be credited to the transit account.
SB77-SSA1,1140,2319(bm) Any loan made under the program shall comply with P.L.
104-59, section
20350, and any regulation, guideline or policy adopted under that section. The
21department may not provide other assistance under the program to an eligible
22applicant unless such assistance complies with P.L.
104-59, section 350, and any
23regulation, guideline or policy adopted under that section.
SB77-SSA1,1141,924
(cm) The joint committee on finance may transfer moneys, at the request of the
25department, in amounts not to exceed the amounts necessary to meet the
1requirements under P.L.
104-59, section 350, from the transportation fund to the
2transportation infrastructure loan fund. The department shall submit to the joint
3committee on finance for its review and approval proposed reductions among the
4transportation fund appropriations to the department equal to the amount
5transferred under this paragraph. The joint committee on finance may approve,
6disapprove or modify the proposed reductions. Upon approval of the proposed
7reductions, as may be modified by the committee, an amount equivalent to each
8approved reduction is lapsed from the appropriation account for each reduced
9appropriation to the transportation fund.
SB77-SSA1,1141,1210
(dm) Except as provided in this section, the department may not encumber or
11expend any funds on highway projects or transit capital projects for which a loan or
12other assistance is provided under this section.
SB77-SSA1,1141,18
13(4) Rules. (a) The department of transportation and the department of
14administration shall promulgate rules necessary to implement the transportation
15infrastructure loan program. The rules shall specify the terms and conditions of
16loans or other assistance provided under the program and shall establish criteria for
17determining which eligible applicants and which projects are eligible to receive loans
18or other assistance under the program. The criteria shall include all of the following:
SB77-SSA1,1141,2019
1. The impact of funding a project under the program on accelerating the
20completion of a major highway project under s. 84.013.
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2. The statewide and local economic impact of the projects.
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3. The level of commitment by the eligible applicant to the project.
SB77-SSA1,1141,2423
4. The type and quality of intermodal transportation facilities affected by the
24project.
SB77-SSA1,1142,3
1(b) The department of transportation and the department of administration
2may charge and collect fees, established jointly by rules, from eligible applicants to
3recover the costs of administering the program.
SB77-SSA1,1142,4
4(4m) Investment management. The department of administration may:
SB77-SSA1,1142,75
1. Subject to par. (b), direct the investment board under s. 25.17 (2) (e) to make
6any investment of the fund, or in the collection of the principal and interest of all
7moneys loaned or invested from such fund.
SB77-SSA1,1142,148
2. Subject to par. (b), purchase or acquire, commit on a standby basis to
9purchase or acquire, sell, discount, assign, negotiate, or otherwise dispose of, or
10pledge, hypothecate or otherwise create a security interest in, loans as the
11department of administration may determine, or portions or portfolios of
12participations in loans, made or purchased under this section. The disposition may
13be at the price and under the terms that the department of administration
14determines to be reasonable and may be at public or private sale.
SB77-SSA1,1142,1615
(b) The department of administration shall take an action under par. (a) only
16if all of the following conditions occur:
SB77-SSA1,1142,1817
1. The action provides a financial benefit to the transportation infrastructure
18fund.
SB77-SSA1,1142,2019
2. The action does not contradict or weaken the purposes of the transportation
20infrastructure loan fund.
SB77-SSA1,1142,2221
3. The building commission approves the action before the department of
22administration acts.
SB77-SSA1,1142,24
23(5) Revenue obligations. (a) The transportation infrastructure loan program
24is a revenue-producing enterprise or program as defined in s. 18.52 (6).
SB77-SSA1,1143,5
1(b) Deposits, appropriations or transfers to the fund for the purposes specified
2in s. 20.395 (2) (pq) may be funded with the proceeds of revenue obligations issued
3subject to and in accordance with subch. II of ch. 18. Revenue obligations issued
4under this section shall not exceed $100 in principal amount, excluding obligations
5issued to refund outstanding revenue obligations.
SB77-SSA1,1143,126
(c) The department of administration may, under s. 18.56 (5) and (9) (j), deposit
7in a separate and distinct fund in the state treasury or in an account maintained by
8a trustee outside the state treasury, any portion of the revenues derived under s.
925.405 (2). The revenues deposited with a trustee outside the state treasury are the
10trustee's revenues in accordance with the agreement between this state and the
11trustee or in accordance with the resolution pledging the revenues to the repayment
12of revenue obligations issued under this subsection.
SB77-SSA1,1143,1513
(d) The building commission may pledge any portion of revenues received or
14to be received in the fund established in par. (c) or the transportation infrastructure
15loan fund to secure revenue obligations issued under this subsection.
SB77-SSA1,1143,1816
(e) The department of administration has all other powers necessary and
17convenient to distribute the pledged revenues and to distribute the proceeds of the
18revenue obligations in accordance with subch. II of ch. 18.
SB77-SSA1,1143,2219
(f) The department of administration may enter into agreements with the
20federal government, political subdivisions of this state, individuals or private
21entities to insure or in any other manner provide additional security for the revenue
22obligations issued under this subsection.
SB77-SSA1,1144,223
(g) Revenue obligations may be contracted by the building commission when
24it reasonably appears to the building commission that all obligations incurred under
1this subsection can be fully paid on a timely basis from moneys received or
2anticipated to be received by the fund.
SB77-SSA1,1144,73
(h) Unless otherwise expressly provided in resolutions authorizing the
4issuance of revenue obligations or in other agreements with the holders of revenue
5obligations, each issue of revenue obligations under this subsection shall be on a
6parity with every other revenue obligation issued under this subsection and in
7accordance with subch. II of ch. 18.
SB77-SSA1,1145,2
985.54 Major highway development finance plan. Biennially, beginning
10on October 1, 1998, the secretary of transportation and the secretary of
11administration jointly shall submit a biennial major highway development finance
12plan to the state building commission and the joint committee on finance and to the
13chief clerk of each house of the legislature for distribution to the appropriate
14legislative standing committees under s. 13.172 (3). The plan shall contain estimates
15over the next 5 biennia of transportation fund revenues, funding for the major
16highway development program summarized by funding source, proceeds from the
17sale of transportation revenue obligation bonds, vehicle registration fees pledged
18against the repayment of revenue obligation bonds, debt service payments paid from
19transportation fund revenues for transportation revenue obligation bonds and
20general obligation bonds, total transportation fund revenues, and the assumptions
21used to arrive at those estimates. The plan shall include information on the impact
22of the level of bonding authorization included in the plan relative to a guideline that
23total transportation debt service expenditures should not exceed 10% of total
24transportation fund revenues, and to a guideline that transportation revenue
1obligation bond proceeds should be used to fund not more than 55% of the major
2highway development program.
SB77-SSA1,1145,11
485.60 Aid to professional baseball park districts. The department may
5make aid payments from the appropriation under s. 20.395 (1) (gr) to a local
6professional baseball park district created under subch. III of ch. 229 for this state's
7share of costs for the development, construction, reconstruction or improvement of
8bridges, highways, parking lots, garages, transportation facilities or other
9functionally related or auxiliary facilities or structures associated with the
10construction of a new stadium to be used as a home field by a major league
11professional baseball team in the district.
SB77-SSA1, s. 2486ag
12Section 2486ag. 85.60 of the statutes, as created by 1997 Wisconsin Act ....
13(this act), is repealed.
SB77-SSA1,1146,215
86.19
(7) The department shall accept from interested persons a petition for
16the replacement of any sign that is lawfully erected within the right-of-way of a
17state trunk highway and that, because of damage or deterioration, is in need of
18replacement. The department by rule shall establish the contents required of a
19petition submitted under this subsection, the criteria the department will use to
20consider such a petition and specifications for the construction and erection of signs
21replaced under this subsection. Whenever the department approves a petition under
22this subsection, the petitioners may choose to have the sign replaced by the
23department or by any person authorized by the department to construct or erect such
24signs, and shall pay the department or the private company for the sign and its
25erection. The department shall erect a replacement for the sign that is the subject
1of a petition approved under this subsection upon receipt of payment for the sign and
2its erection.
SB77-SSA1,1146,55
86.30
(2) (a) 3. f. In calendar year 1997
and thereafter, $1,432.
SB77-SSA1,1146,77
86.30
(2) (a) 3. g. In calendar year 1998 and thereafter, $1,604.
SB77-SSA1,1146,159
86.30
(2) (e)
Aid payments. General transportation aids under this section
10shall be calculated and distributed on the basis of a calendar year. General
11transportation aids shall be paid in
4 12 equal instalments on the first Monday
in
12January, April, July and October of each month. If adjustments are necessary, the
13department may adjust any of the scheduled aid payments in a calendar year. The
14payments shall be made from the appropriation under s. 20.395 (1) (as) or (at) for the
15fiscal year in which the payments are made.
SB77-SSA1,1146,2217
86.30
(9) Aids calculations. (b) For the purpose of calculating and
18distributing aids under sub. (2), the amounts for aids to counties are
$66,588,900 in
19calendar year 1995, $68,586,600 in calendar year 1996 and $70,644,200 in calendar
20year 1997
and $79,121,500 in calendar year 1998 and thereafter. These amounts,
21to the extent practicable, shall be used to determine the statewide county average
22cost-sharing percentage in the particular calendar year.
SB77-SSA1,1147,323
(c) For the purpose of calculating and distributing aids under sub. (2), the
24amounts for aids to municipalities are
$209,496,900 in calendar year 1995,
25$215,781,800 in calendar year 1996 and $222,255,300 in calendar year 1997
and
1$248,925,900 in calendar year 1998 and thereafter. These amounts, to the extent
2practicable, shall be used to determine the statewide municipal average
3cost-sharing percentage in the particular calendar year.
SB77-SSA1,1147,5
586.312 Snow removal assistance program.
(1) In this section:
SB77-SSA1,1147,86
(a) "Eligible costs" include excessive costs associated with a snow removal
7emergency for machinery and equipment, labor, materials and hauling, as
8determined by the department.
SB77-SSA1,1147,119
(b) "Snow removal emergency" means an emergency requiring the removal of
10snow from a public highway, street, alley or bridge not on the state trunk highway
11system resulting from an extraordinary or unusually heavy snow storm.
SB77-SSA1,1147,19
12(2) (a) The department shall administer a snow removal assistance program
13to reimburse counties and municipalities for eligible costs associated with a snow
14removal emergency. The county highway committee, or the governing body of the
15municipality having jurisdiction over the maintenance of any public highway, street,
16alley or bridge not on the state trunk highway system may adopt a petition for aid
17under this section and file a certified copy of the petition with the department. To
18be eligible for aid under this section, the petition shall be filed by May 15 for eligible
19costs incurred during the previous winter season.
SB77-SSA1,1147,2420
(b) A county or municipality having jurisdiction over the public highway, street,
21alley or bridge affected by the snow removal emergency may apply for both state and
22federal aid for such snow removal pending a determination of eligibility. If federal
23aid is granted for such snow removal, the federal aid shall be in lieu of aid otherwise
24available for the snow removal under this section.
SB77-SSA1,1148,4
1(3) The department shall make payments of aid under this section from the
2appropriation under s. 20.395 (1) (fr). If the eligible costs for aid under this section
3exceed the funds available under s. 20.395 (1) (fr) on June 30 of any fiscal year, the
4department shall prorate the payments of aid under this section.
SB77-SSA1,1148,156
86.315
(1) From the appropriation under s. 20.395 (1) (fu), the department
7shall annually, on March 10, pay to counties having county forests established under
8ch. 28, for the improvement of public roads within the county forests which are open
9and used for travel and which are not state or county trunk highways or town roads
10and for which no aids are paid under s. 86.30, the amount of
$300 $336 per mile of
11road designated in the comprehensive county forest land use plan as approved by the
12county board and the department of natural resources. If the amount appropriated
13under s. 20.395 (1) (fu) is insufficient to make the
$300 per mile payments
required 14under this subsection, the department shall prorate the amount appropriated in the
15manner it
deems considers desirable.
SB77-SSA1,1148,2318
86.32
(2) (am) 7. For 1995
and thereafter
,1996 and 1997, $10,468 per lane mile
19for municipalities having a population over 500,000; $9,696 per lane mile for
20municipalities having a population of 150,001 to 500,000; $8,641 per lane mile for
21municipalities having a population of 35,001 to 150,000; $7,612 per lane mile for
22municipalities having a population of 10,000 to 35,000; and $6,558 per lane mile for
23municipalities having a population under 10,000.
SB77-SSA1,1149,6
186.32
(2) (am) 8. For 1998 and thereafter, $11,724 per lane mile for
2municipalities having a population over 500,000; $10,860 per lane mile for
3municipalities having a population of 150,001 to 500,000; $9,678 per lane mile for
4municipalities having a population of 35,001 to 150,000; $8,525 per lane mile for
5municipalities having a population of 10,000 to 35,000; and $7,345 per lane mile for
6municipalities having a population under 10,000.
SB77-SSA1,1149,168
86.32
(2) (b) 4. Annual connecting highway aids shall be paid in
4 12 equal 9instalments on the first Monday
in July, October, January and April. Unless fiscal
10year adjustments are necessary, the July and October instalments shall equal the
11January and April instalments of the previous fiscal year. If fiscal year of each
12month. If adjustments are necessary, the department
shall make these fiscal year
13adjustments in the July instalment. If a fiscal year adjustment is made in the July
14instalment, the next subsequent October instalment shall equal the average of the
15most recent January, April and July instalments may adjust any of the scheduled aid
16payments in a calendar year.
SB77-SSA1,1149,25
1888.145 Limitation of damages and suits. In any action against a drainage
19district, drainage board, drainage board member, drainage board employe or an
20owner of land within the district who undertakes work approved by the drainage
21board, s. 893.80 is applicable and the limit on the amount recoverable by any person
22under s. 893.80 (3) applies to the drainage board, the members and employes of the
23drainage board, the drainage district and any owner of land within the district who
24undertakes work approved by the drainage board. This section does not apply to
25actions commenced under s. 19.37
or, 19.97
or 281.99.
SB77-SSA1,1150,62
88.40
(2) From the time of
recordation of recording the order confirming such
3assessments for costs until they are paid, such assessments and the interest thereon
4are a first lien upon the lands assessed and take priority over all other liens or
5mortgages except liens for general taxes and liens under ss. 292.31 (8) (i)
, 292.41 (6)
6(d) and 292.81, regardless of the priority in time of such other liens or mortgages.
SB77-SSA1,1150,118
92.04
(2) (b) (title)
Review erosion control land and water resource management
9plans. The board shall review
soil erosion control land and water resource
10management plans prepared under s. 92.10 and make recommendations to the
11department on approval or disapproval of those plans.
SB77-SSA1,1150,2313
92.07
(2) Standards. Each land conservation committee may develop and
14adopt standards and specifications for management practices to control erosion,
15sedimentation and nonpoint source water pollution.
The standards and
16specifications for agricultural facilities and practices that are constructed or begun
17on or after the effective date of this subsection .... [revisor inserts date], and, if
18cost-sharing is available to the owner or operator under s. 92.14, 281.16 (5) or 281.65
19or from any other source, for agricultural facilities and practices that are constructed
20or begun before that date shall be consistent with the performance standards,
21prohibitions, conservation practices and technical standards under s. 281.16 (3). The
22land conservation committee shall use the rules promulgated under s. 281.16 (3) (e)
23to determine whether cost-sharing is available.
SB77-SSA1, s. 2488s
24Section 2488s. 92.10 (title), (1) and (2) of the statutes are amended to read:
SB77-SSA1,1151,5
192.10 (title)
Erosion control Land and water resource management
2planning program. (1) Creation. There is created
an erosion control a land and
3water resource management planning program. The department, board and land
4conservation committees
in identified priority counties jointly shall develop and
5administer this program.
SB77-SSA1,1151,9
6(2) Purposes. The purposes of the
erosion control land and water resource
7management planning program are to conserve long-term soil productivity, protect
8the quality of related natural resources, enhance water quality and focus on severe
9soil erosion problems
in identified priority counties.
SB77-SSA1,1151,1311
92.10
(3) (a)
Identification. The department shall identify priority soil erosion
12control counties.
Identified priority counties are required to prepare soil erosion
13control plans.