AB100: Bill Text Engrossed

AB100-engrossed,1264,14 81.01 (3) (b) The town board by resolution submits to the electors of the town as a referendum at a general or special town an election authorized under s. 8.065 the question of exceeding the $10,000 limit set under this subsection. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:

AB100-engrossed,1264,16 Shall the town of ... spend $... over the annual limit of $10,000 for the construction and repair of its highways and bridges?

AB100-engrossed,1264,17 FOR SPENDING - AGAINST SPENDING -

AB100-engrossed, s. 2465hm Section 2465hm. 83.013 (2) of the statutes is amended to read:

AB100-engrossed,1264,24 83.013 (2) The department shall furnish each commission with traffic accident data and uniform traffic citation data for the rural, federal, state, and county highways in the jurisdictions represented in each commission, which shall identify the accident rates and arrest rates on their highways, in the form prescribed by the council on traffic law enforcement, and shall also furnish a suitable map for use in spotting accidents.

AB100-engrossed, s. 2465j Section 2465j. 83.015 (2) (b) of the statutes is amended to read:

AB100-engrossed,1265,12 83.015 (2) (b) In any county with a highway commissioner appointed under s. 83.01 (1) (b) or (c), the county highway committee shall be only a policy-making body determining the broad outlines and principles governing administration and the county highway commissioner shall have the administrative powers and duties prescribed for the county highway committee under par. (a), sub. (3) (a) and ss. 27.065 (4) (b) and (13), 32.05 (1) (a), 81.38 (1), (3) and (4), 83.01 (6), 83.013, 83.018, 83.025 (1) and (3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18, 83.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4), 84.10 (1), 86.04 (1) and (2), 86.07 (2), 86.19 (3), 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified elsewhere for the county highway commissioner may be deemed impliedly repealed for the sole reason that reference to it has been omitted in this paragraph.

AB100-engrossed, s. 2465L Section 2465L. 84.01 (28) of the statutes is amended to read:

AB100-engrossed,1265,16 84.01 (28) Transportation administrative facilities. The department may acquire, construct, develop, enlarge or improve administrative or operating facilities for its use under s. 13.48 (10) or 84.01 (30).

AB100-engrossed, s. 2465m Section 2465m. 84.01 (30) of the statutes is created to read:

AB100-engrossed,1266,6 84.01 (30) Build-operate-lease or transfer agreements. The department may enter into build-operate-lease or transfer agreements with private entities for the construction of transportation projects, including any projects to be financed under s. 84.59 for transportation administrative facilities under s. 84.01 (28) and, for projects that are not purchased by the state upon their completion, for the maintenance and operation of such projects. A project under this subsection may be constructed on state-owned land. An agreement under this subsection may not be entered into unless the department determines that the agreement advances the public interest, and the private entity has prior experience in design, construction, site development and environmental impact analysis and, for a project that is not expected to be purchased by the state upon its completion, has the capability of maintaining and operating the facility upon completion of the project. The following provisions shall be contained in any build-operate-lease or transfer agreement under this subsection:

AB100-engrossed,1266,10 (a) A provision specifying that title is held by the private entity until title is transferred to the department pursuant to a lease with option to purchase at fair market value or purchase at fair market value of the constructed project upon its completion.

AB100-engrossed,1266,14 (b) If the agreement contains a lease that provides for payments to be made by the state from moneys that have not been appropriated at the time that the agreement is entered into, a provision containing the statement required under s. 16.75 (3).

AB100-engrossed,1266,18 (c) A provision specifying that the project shall be constructed in accordance with requirements and specifications approved by the department of administration or, if the project is not a transportation administrative facility, approved by the department of transportation.

AB100-engrossed,1266,21 (d) A provision permitting inspection by agents of the department of transportation until title transfers as provided under par. (a) or by agents of the department of administration during construction.

AB100-engrossed,1266,24 (e) If applicable, a provision specifying that any operation and maintenance under the agreement by the private entity shall be conducted in accordance with requirements and specifications approved by the department.

AB100-engrossed,1266,25 (f) A provision establishing a mechanism for the resolution of disputes.

AB100-engrossed, s. 2466 Section 2466. 84.013 (3) (ab) of the statutes is created to read:

AB100-engrossed,1267,4 84.013 (3) (ab) STH 11 extending approximately 7.6 miles from west of Burlington to STH 36/83 east of Burlington, designated as the Burlington bypass, in Walworth and Racine counties.

AB100-engrossed, s. 2467 Section 2467. 84.013 (3) (ac) of the statutes is created to read:

AB100-engrossed,1267,8 84.013 (3) (ac) USH 12 extending approximately 11.6 miles from the junction of USH 12 and I 90/94 to approximately 0.75 miles south of Ski Hi Road in Sauk County.

AB100-engrossed, s. 2468 Section 2468. 84.013 (3) (ae) of the statutes is created to read:

AB100-engrossed,1267,11 84.013 (3) (ae) USH 53 extending approximately 6.2 miles between I 90 and USH 14/61 near 7th Street in La Crosse, La Crosse County.

AB100-engrossed, s. 2469 Section 2469. 84.013 (3) (ag) of the statutes is created to read:

AB100-engrossed,1267,14 84.013 (3) (ag) STH 57 extending approximately 17.3 miles from the junction of STH 57 with CTH "A" to STH 42 in Kewaunee and Door counties.

AB100-engrossed, s. 2470 Section 2470. 84.013 (3) (ai) of the statutes is created to read:

AB100-engrossed,1267,17 84.013 (3) (ai) USH 141 extending approximately 15.4 miles between Lemere Road and 6th Road in Oconto and Marinette counties.

AB100-engrossed, s. 2471 Section 2471. 84.013 (3) (ak) of the statutes is created to read:

AB100-engrossed,1267,21 84.013 (3) (ak) USH 151 extending approximately 18 miles between the junction of USH 151 and CTH "HH" south of Dickeyville to west of Belmont in Grant and Lafayette counties.

AB100-engrossed, s. 2471d Section 2471d. 84.03 (2) of the statutes is created to read:

AB100-engrossed,1268,6 84.03 (2) Appropriation adjustments. (a) In the 1997-98 fiscal year and in each fiscal year thereafter, the department shall submit to the joint committee on finance for review and approval a plan identifying how the department proposes to adjust its appropriations for the applicable fiscal year to reflect the actual levels of federal aid for this state for that fiscal year under the federal Intermodal Surface Transportation Efficiency Act of 1991, as amended, or a substantially similar subsequent federal legislative act establishing levels of federal aid for this state. The plan shall be submitted not later than December 1, or 30 days after the applicable federal legislation for that fiscal year has been enacted, whichever is later.

AB100-engrossed,1268,8 (b) The appropriation adjustments in a plan submitted under par. (a) may not be implemented as proposed without the approval of the joint committee on finance.

AB100-engrossed, s. 2471g Section 2471g. 84.076 (5) of the statutes is renumbered 84.076 (5) (intro.) and amended to read:

AB100-engrossed,1268,12 84.076 (5) Sunset. (intro.) This section does not apply after the later of the following:

AB100-engrossed,1268,13 (a) September 30, 1997.

AB100-engrossed, s. 2471m Section 2471m. 84.076 (5) (b) of the statutes is created to read:

AB100-engrossed,1268,18 84.076 (5) (b) The date on which federal law does not require, as a condition of using federal funds, that this state establish goals for the participation of disadvantaged businesses or the employment of disadvantaged individuals in projects using federal funds.

AB100-engrossed, s. 2472 Section 2472. 84.09 (5) of the statutes is amended to read:

AB100-engrossed,1269,13 84.09 (5) Subject to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for highway purposes and, if real property, the real property is not the subject of a petition under s. 16.375 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having a fair market value at the time of sale of not more than $3,000 or, for the transfer of surplus state real property to the department of administration under s. 16.375 or for the transfer of surplus state personal property to the department of tourism under sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.

AB100-engrossed, s. 2473 Section 2473. 84.09 (5s) of the statutes is created to read:

AB100-engrossed,1269,20 84.09 (5s) In lieu of the sale or conveyance of personal property under sub. (5), the department of transportation may, upon the request of the department of tourism, transfer to the department of tourism, at no cost, personal property that is owned by the state and under the jurisdiction of the department of transportation and that the department of transportation has determined is no longer necessary for the state's use for highway purposes.

AB100-engrossed, s. 2473e Section 2473e. 84.10 of the statutes is renumbered 84.10 (1) and amended to read:

AB100-engrossed,1270,12 84.10 (1) The amounts allocated under s. 20.395 (3) (cq) and (eq) for the purposes described in this section subsection shall be expended by the department for the maintenance and operation of bridges not on the state trunk highway system which were constructed, reconstructed, or purchased under s. 84.11 before August 9, 1989, and under s. 84.12 and free bridges located in connecting highways in 4th class cities, and towns, which have a length, not including approaches, of 300 feet or more, or a swing or lift span. Except as provided in a jurisdictional transfer agreement under s. 84.16, all matters relating to the maintenance and operation of such bridges shall be under the control of the department. Maintenance and operation shall not include the roadway lighting system and shall not include snow and ice removal and control for bridges located on connecting highways. The department may arrange with any county highway committee or with any city, village or town for the operation or maintenance or both of any such bridge; and any county highway committee, city, village or town may enter into such arrangement. This subsection does not apply to sub. (2).

AB100-engrossed, s. 2473g Section 2473g. 84.10 (2) of the statutes is created to read:

AB100-engrossed,1270,19 84.10 (2) The joint committee on finance may transfer moneys to s. 20.395 (3) (cq) from any other segregated revenue appropriations of the department for state operations from the transportation fund, upon request of the department, for the purpose of supplementing moneys allocated under s. 20.395 (3) (cq) for the rehabilitation of a local bridge for which improvement is a state responsibility and which has been posted with a weight limitation as provided in s. 349.16 (2).

AB100-engrossed, s. 2474m Section 2474m. 84.28 (1) of the statutes is amended to read:

AB100-engrossed,1271,11 84.28 (1) Moneys from the appropriation under s. 20.370 (1) (mr) (7) (mc) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources. Moneys from the appropriation under s. 20.370 (1) (mr) (7) (mc) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Wisconsin state riverway as defined in s. 30.40 (15). Outside the lower Wisconsin state riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property, moneys from the appropriation under s. 20.370 (1) (mr) (7) (mc) may be expended for the renovation, marking and maintenance of roads which the department of natural resources certifies are utilized by a substantial number of visitors to state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures under this subsection. The department of natural resources shall rank projects eligible for assistance under a priority system and funding may be restricted to those projects with highest priority.

AB100-engrossed, s. 2474p Section 2474p. 84.30 (3) (j) of the statutes is created to read:

AB100-engrossed,1271,19 84.30 (3) (j) 1. Signs erected by the Crime Stoppers, the nationwide organization affiliated with local police departments, on or before the effective date of this subdivision .... [revisor inserts date], without regard to whether the department has issued a license for the sign. The department may not remove a sign authorized under this paragraph unless the sign does not conform to federal requirements. The requirements under s. 86.19 do not apply to signs described in this subdivision.

AB100-engrossed,1271,23 2. Notwithstanding subd. 1., whenever a sign authorized under this paragraph requires replacement due to damage or deterioration, the department shall require the sign to be licensed under sub. (10) and to meet all of the requirements of this section and s. 86.19.

AB100-engrossed, s. 2475 Section 2475. 84.59 (6) of the statutes is amended to read:

AB100-engrossed,1272,9 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 $1,123,638,100 $1,348,058,900 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $1,041,341,000 $1,255,499,900 of the $1,083,638,100 $1,348,058,900 may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.

AB100-engrossed, s. 2475g Section 2475g. 84.61 (1) of the statutes is renumbered 84.61 and amended to read:

AB100-engrossed,1272,21 84.61 Milwaukee Brewers stadium project; East-West Freeway. There is established in the transportation fund a reserve account consisting of $15,000,000 for the purpose of funding state highway rehabilitation associated with the construction of a new stadium to be used by the Milwaukee Brewers, a professional baseball team located in Milwaukee County, or construction activities relating to highway resurfacing or bridge repair on the East-West Freeway from downtown Milwaukee to Waukesha. The department may supplement, from the reserve account, the appropriation under s. 20.395 (3) (cq), for either of the projects. The reserve account shall be reduced by the amount of any supplemental appropriation made under this subsection section.

AB100-engrossed, s. 2475m Section 2475m. 84.61 (2), (3) and (4) of the statutes are repealed.

AB100-engrossed, s. 2475mg Section 2475mg. 85.01 (2m) of the statutes is created to read:

AB100-engrossed,1272,24 85.01 (2m) "Municipality" means a city, village or town.

AB100-engrossed, s. 2475mh Section 2475mh. 85.021 of the statutes is created to read:

AB100-engrossed,1273,3 85.021 Light rail transit systems; funding prohibition. Notwithstanding ss. 85.022 and 85.063, no state or federal funds may be expended by the department for any purpose related to a light rail transit system.

AB100-engrossed, s. 2475mj Section 2475mj. 85.0215 of the statutes is created to read:

AB100-engrossed,1273,8 85.0215 High-occupancy vehicle lanes; funding prohibition. Notwithstanding s. 85.022, the department may not expend any state or federal funds for construction of a separate roadway designated for use by buses or other high-occupancy modes of travel.

AB100-engrossed, s. 2475mm Section 2475mm. 85.022 (3) of the statutes is amended to read:

AB100-engrossed,1273,11 85.022 (3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town municipality or county.

AB100-engrossed, s. 2475mr Section 2475mr. 85.024 (1) of the statutes is amended to read:

AB100-engrossed,1273,14 85.024 (1) In this section, "political subdivision" means a municipality or county, city, village or town.

AB100-engrossed, s. 2475r Section 2475r. 85.024 (2) of the statutes is amended to read:

AB100-engrossed,1273,24 85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the department shall award from the appropriation under s. 20.395 (2) (fx) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.

AB100-engrossed, s. 2476 Section 2476. 85.026 of the statutes is created to read:

AB100-engrossed,1274,2 85.026 Transportation enhancement activities program. (1) Definitions. In this section:

AB100-engrossed,1274,3 (a) "Political subdivision" means any city, village, town or county.

AB100-engrossed,1274,5 (b) "Transportation enhancement activities" has the meaning given in 23 USC 101 (a).

AB100-engrossed,1274,10 (2) Program. The department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under 23 USC 133 (b) (8). The grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx).

AB100-engrossed, s. 2476g Section 2476g. 85.037 of the statutes is created to read:

AB100-engrossed,1274,16 85.037 Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under s. 342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under s. 20.855 (4) (f) during the current fiscal year.

AB100-engrossed, s. 2476m Section 2476m. 85.05 of the statutes is created to read:

AB100-engrossed,1274,25 85.05 Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under s. 13.489.

AB100-engrossed, s. 2477 Section 2477. 85.06 (2) (b) of the statutes is amended to read:

AB100-engrossed,1275,8 85.06 (2) (b) Contract with Amtrak or an applicable railroad, railroads or other persons to provide rail passenger service or support services, equipment, station improvements, passenger platforms, equipment maintenance shops, parking areas or other support facilities for rail passenger service. The contract may provide for the sale or lease of any equipment or facilities acquired by the department under par. (g). Notwithstanding s. 16.75 (1) and (2m), the department may contract under this paragraph without competitive bidding or competitive sealed proposals.

AB100-engrossed, s. 2478 Section 2478. 85.06 (2) (e) of the statutes is amended to read:

AB100-engrossed,1275,13 85.06 (2) (e) Subject to sub. (3), Conduct or contract for marketing studies and promotional activities to increase rail passenger service ridership in this state, to identify potential riders and to educate the public about the availability and advantages of rail passenger service.

AB100-engrossed, s. 2479 Section 2479. 85.06 (2) (g) of the statutes is created to read:

AB100-engrossed,1275,16 85.06 (2) (g) Acquire equipment or facilities for the purpose of providing rail passenger service or support services for rail passenger service.

AB100-engrossed, s. 2480 Section 2480. 85.06 (2) (h) of the statutes is created to read:

AB100-engrossed,1275,19 85.06 (2) (h) Enter into agreements with other states to assist or promote rail passenger service.

AB100-engrossed, s. 2481 Section 2481. 85.06 (3) of the statutes is repealed.

AB100-engrossed, s. 2481g Section 2481g. 85.061 (3) of the statutes is renumbered 85.061 (3) (a) (intro.) and amended to read:

AB100-engrossed,1275,25 85.061 (3) Program. (a) (intro.) The department shall administer a rail passenger route development program. From the appropriation under s. 20.866 (2) (up), the department may fund capital any of the following:

AB100-engrossed,1276,5 1. 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. 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.

AB100-engrossed,1276,13 (b) The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) for a route under this subsection unless the joint committee on finance approves the use of the proceeds and, with respect to a route under par. (a) 1. or 2., 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 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 the program.