Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,360,15 2. If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under ss. 84.25 (11) and 86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of ss. 84.25 (11) and 86.19 (1). This subdivision applies only to park-and-ride facilities.".

AB133-ASA1-CA1,360,16 1018. Page 958, line 19: after that line insert:

AB133-ASA1-CA1,360,17 " Section 1818w. 84.013 (3) (ra) of the statutes is created to read:

AB133-ASA1-CA1,360,19 84.013 (3) (ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.".

AB133-ASA1-CA1,360,20 1019. Page 958, line 19: after that line insert:

AB133-ASA1-CA1,360,21 " Section 1818p. 84.01 (31) of the statutes is created to read:

AB133-ASA1-CA1,361,4 84.01 (31) State highway rehabilitation funds. The department may not use funds from the appropriations under s. 20.395 (3) (cq) to (cx) for the maintenance or replacement of curb and pavement or other markings, or for the operation, maintenance or replacement of highway signs, traffic signals or highway lighting, unless the maintenance, replacement or operation is in conjunction with activities related to a state trunk highway reconditioning, reconstruction or resurfacing project.".

AB133-ASA1-CA1,361,5 1020. Page 958, line 19: after that line insert:

AB133-ASA1-CA1,361,6 " Section 1818r. 84.013 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,361,9 84.013 (2) (a) Major Subject to s. 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (4) (jq) and 20.866 (2) (ur) to (uu).

AB133-ASA1-CA1, s. 1818t Section 1818t. 84.013 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,361,13 84.013 (2) (b) Reconditioning Subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under s. 20.395 (3) (cq) to (cx).".

AB133-ASA1-CA1,361,14 1021. Page 959, line 17: after that line insert:

AB133-ASA1-CA1,361,15 " Section 1819gg. 84.03 (9) (a) of the statutes is amended to read:

AB133-ASA1-CA1,362,11 84.03 (9) (a) That Subject to s. 86.255, that part of the appropriation made by s. 20.395 (3), not required for the other purposes therein provided, may be used by the department for the improvement and traffic service of the state trunk highway system and connecting highways, for the purchase and operation of equipment, making surveys for locating local road materials, testing of materials, and for other purposes provided in this section, and to match or supplement federal aid for the construction, reconstruction or improvement of the federal aid highway system, secondary or feeder roads, the elimination of hazards at railroad grade crossings and for any other highway purpose for which the state may match or supplement federal aid funds pursuant to any act of congress. Where such funds are used for the improvement of the state trunk highway system or connecting highways or to match or supplement federal aid they shall be expended in accordance with s. 84.06 and any applicable act of congress. Any funds expended pursuant to this paragraph shall be expended by the department on such projects within the provisions of this paragraph, and executed in such manner as the department shall from time to time determine will best meet the needs of travel and best promote the general welfare. Such funds may be used for improvements, within the provisions of this paragraph, independent of or in conjunction with other funds available for such improvements. The Subject to s. 86.255, the requirements of any federal highway act, or regulations issued thereunder, may be met from such appropriation.

AB133-ASA1-CA1, s. 1819gm Section 1819gm. 84.065 (4) of the statutes is amended to read:

AB133-ASA1-CA1,362,15 84.065 (4) Funds. The Subject to s. 86.255, the department may make loans under this section from the appropriations under s. 20.395 (3) (bv) and (cv). The total outstanding balance of loans under this section may not exceed $500,000.".

AB133-ASA1-CA1,362,16 1022. Page 959, line 17: after that line insert:

AB133-ASA1-CA1,362,17 " Section 1819g. 84.02 (14) of the statutes is created to read:

AB133-ASA1-CA1,363,5 84.02 (14) I 39 interchange. If a waiver from the federal department of transportation is required for the construction of an interchange at the intersection of I 39 and Kowalski Road in Marathon County, and if the state department of transportation determines that construction of the interchange will have no adverse impact on safety in the vicinity of the intersection, the state department of transportation shall request a waiver to permit construction of the interchange. If a waiver is granted, or if the state department of transportation determines both that a waiver is not required and that such construction will have no adverse impact on safety in the vicinity of the intersection, the department of transportation shall design the interchange specified in this subsection and allocate funds from the appropriations under s. 20.395 (3) (cq) to (cx) sufficient to construct the interchange.".

AB133-ASA1-CA1,363,6 1023. Page 959, line 17: after that line insert:

AB133-ASA1-CA1,363,7 " Section 1819j. 84.014 of the statutes is created to read:

AB133-ASA1-CA1,363,13 84.014 Intelligent transportation systems. (1) In this section, "intelligent transportation system" means a specialized computer or other technical system, including roadway detector loops, closed circuit television, variable message signs, ramp meters or an integrated traffic signal system, that is used for the purpose of traffic flow measurement and management, congestion avoidance, incident management, travel time information or other similar purposes.

AB133-ASA1-CA1,363,19 (2) The department may fund the installation, maintenance and replacement of intelligent transportation systems. After June 30, 2000, the department may encumber funds for intelligent transportation systems only from the appropriation accounts under s. 20.395 (3) (gq) to (gx) unless the intelligent transportation system is physically integrated with and installed as part of a highway project that includes construction or improvement in addition to the intelligent transportation system.".

AB133-ASA1-CA1,363,20 1024. Page 961, line 19: after that line insert:

AB133-ASA1-CA1,363,21 " Section 1820mg. 84.20 of the statutes is amended to read:

AB133-ASA1-CA1,364,7 84.20 State repair and maintenance of highways and streets. Damage to any county trunk or town highway or city or village street caused by reason of its use as a detour designated by the department or for hauling materials incident to the maintenance, repair or construction by the department of any state trunk highway or street over which a state trunk highway is routed, shall be repaired by the department. Such highway or street shall also be maintained by the department during such use. The Subject to s. 86.255, the cost of such repairs and maintenance shall be paid from funds appropriated and available to the department for the maintenance and improvement of state trunk highways and connecting highways under s. 20.395 (3).".

AB133-ASA1-CA1,364,8 1025. Page 963, line 13: after that line insert:

AB133-ASA1-CA1,364,9 " Section 1824fm. 84.31 (8) (b) of the statutes is amended to read:

AB133-ASA1-CA1,364,20 84.31 (8) (b) The department and another state agency may enter into agreements for the purpose of assigning to the other state agency the responsibility for the administration of this section and rules adopted under this section. To the extent responsibility for administration is assigned to the other agency under such agreements, the other state agency shall have the same powers and duties conferred on the department under this section. The department shall reimburse the other state agency from the appropriation under s. 20.395 (3) (cq) and (cx) for all expenses, including administrative expenses, incurred by the other state agency in connection with the screening, relocation, removal or disposal of junkyards under the authority assigned to the other state agency, except that no moneys may be reimbursed for the acquisition of land or interests in land contrary to s. 86.255.".

AB133-ASA1-CA1,364,22 1026. Page 964, line 5: delete "$1,440,665,900" and substitute "$1,447,085,500".

AB133-ASA1-CA1,364,24 1027. Page 964, line 11: delete the material beginning with that line and ending with page 965, line 3.

AB133-ASA1-CA1,365,1 1028. Page 965, line 8: delete "(nx)" and substitute "(nx) (ox)".

AB133-ASA1-CA1,365,10 1029. Page 965, line 13: delete "year." and substitute " year The total amount of the grants awarded under this subsection and ss. 85.026 (2) (b) and 85.243 (2) (am) and projects approved under s. 85.245 (1m) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the grants are awarded or the projects are approved. If the department determines that a grant was awarded under this subsection for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant withdrawn may not be counted under this subsection.".

AB133-ASA1-CA1,365,11 1030. Page 965, line 14: delete lines 14 to 19 and substitute:

AB133-ASA1-CA1,365,13 " Section 1830gb. 85.026 (2) of the statutes is renumbered 85.026 (2) (a) and amended to read:

AB133-ASA1-CA1,365,19 85.026 (2) (a) The Subject to s. 85.61, 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 Except as provided in par. (b), the grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx).

AB133-ASA1-CA1, s. 1830gc Section 1830gc. 85.026 (2) (b) of the statutes is created to read:

AB133-ASA1-CA1,366,7 85.026 (2) (b) Grants awarded under this section for the planning, design and construction of bicycle and pedestrian facilities shall be only awarded from the appropriation under s. 20.395 (2) (ox). The total amount of the grants awarded under this paragraph and ss. 85.024 and 85.243 (2) (am) and projects approved under s. 85.245 (1m) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the grants are awarded or the projects are approved. If the department determines that a grant was awarded under this paragraph for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant withdrawn may not be counted under this paragraph.".

AB133-ASA1-CA1,366,8 1031. Page 965, line 19: after that line insert:

AB133-ASA1-CA1,366,9 " Section 1830gm. 85.037 of the statutes is amended to read:

AB133-ASA1-CA1,366,14 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. ss. 101.9208 (1) (dm) and 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.".

AB133-ASA1-CA1,366,15 1032. Page 965, line 19: after that line insert:

AB133-ASA1-CA1,366,16 " Section 1830gb. 85.026 (3) of the statutes is created to read:

AB133-ASA1-CA1,367,2 85.026 (3) Procedure. The department may not approve a grant under sub. (2) until after enactment of the biennial budget act for the biennium during which the grant will be awarded. The total amount of grants awarded under sub. (2) and paid from the appropriations under s. 20.395 (2) (nv) and (nx) may not exceed the amounts appropriated under s. 20.395 (2) (nv) and (nx) for the purposes of transportation enhancement activities for the biennium during which the grants are awarded. If the department determines that a grant was awarded under sub. (2) for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant so withdrawn may not be counted under this subsection.".

AB133-ASA1-CA1,367,7 1033. Page 967, line 12: after that line insert ""Operating expenses" do not include costs accruing to an urban mass transit system from services provided by a publicly owned urban mass transit system under a contract awarded on the basis of competitive bids unless the urban mass transit system's bid used the fully allocated cost methodology described in sub. (8).".

AB133-ASA1-CA1,367,8 1034. Page 967, line 24: after that line insert:

AB133-ASA1-CA1,367,9 " Section 1834m. 85.20 (1) (h) of the statutes is amended to read:

AB133-ASA1-CA1,367,14 85.20 (1) (h) "Operating revenues" mean income accruing to an urban mass transit system by virtue of its operations, but do not include income accruing from operations under a contract awarded on the basis of competitive bids to a publicly owned urban mass transit system that did not use the fully allocated cost methodology described in sub. (8).".

AB133-ASA1-CA1,367,15 1035. Page 971, line 10: after that line insert:

AB133-ASA1-CA1,367,16 " Section 1849d. 85.20 (6m) of the statutes is created to read:

AB133-ASA1-CA1,367,19 85.20 (6m) Local segregated account required. (a) Notwithstanding sub. (4m), the department may not pay state aid under this section to an eligible applicant unless the eligible applicant does all of the following:

AB133-ASA1-CA1,367,21 1. Establishes and administers a separate segregated account from which moneys may be used only for purposes related to a mass transit system.

AB133-ASA1-CA1,367,22 2. Deposits in the account established under subd. 1. all of the following:

AB133-ASA1-CA1,367,24 a. All moneys received from this state and from the federal government for a mass transit system.

AB133-ASA1-CA1,368,3 b. All local moneys required by this state, or by the federal government, to match moneys described under subd. 2. a. as a condition of receiving or expending those state or federal moneys.

AB133-ASA1-CA1,368,4 c. All local moneys allocated for a mass transit system by the eligible applicant.

AB133-ASA1-CA1,368,6 d. All moneys received from a local revenue source that is dedicated to a mass transit system.

AB133-ASA1-CA1,368,15 (b) If an eligible applicant does not meet the requirements under par. (a) at the time that aid should be paid under this section, the department shall withhold the aid payment until the eligible applicant meets the requirements under par. (a). When the eligible applicant meets the requirements under par. (a), the department shall pay the aid withheld under this paragraph, without interest, except that, if the eligible applicant fails to meet the requirements under par. (a) within 180 days after the time that the aid should be paid, that aid is forfeited and may not be paid to that eligible applicant. Aid that is forfeited under this paragraph shall be counted under this section as if the aid had been paid.

AB133-ASA1-CA1,368,18 (c) The department, in consultation with the representatives appointed under s. 86.303 (5) (am), shall promulgate rules implementing this subsection. The department may not require any eligible applicant to do any of the following:

AB133-ASA1-CA1,368,20 1. Pay expenses related to law enforcement using moneys from an account established under this subsection.

AB133-ASA1-CA1,368,24 2. Maintain separate checking accounts to implement this subsection, if the eligible applicant implements this subsection by segregating revenues and expenditures described in this subsection in the eligible applicant's bookkeeping system.".

AB133-ASA1-CA1,369,1 1036. Page 971, line 16: after that line insert:

AB133-ASA1-CA1,369,2 " Section 1849gm. 85.20 (8) of the statutes is created to read:

AB133-ASA1-CA1,369,6 85.20 (8) Fully allocated cost bidding. If a local public body solicits bids to contract for services, the bids of a publicly owned urban mass transit system shall use a fully allocated cost methodology established by the department by rule. The fully allocated cost methodology shall do all of the following:

AB133-ASA1-CA1,369,7 (a) Be based on generally accepted accounting principles.

AB133-ASA1-CA1,369,11 (b) Consider all shared costs and direct costs of the mass transit system that are related to and support the service being considered. A publicly owned urban mass transit system's costs include all subsidies provided to the system, including operating subsidies, capital grants and the use of public facilities.

AB133-ASA1-CA1,369,13 (c) Assign each cost of a publicly owned urban mass transit system to one of the following categories:

AB133-ASA1-CA1,369,15 1. Costs that depend on the number of vehicle hours operated, including operators' salaries and fringe benefits.

AB133-ASA1-CA1,369,17 2. Costs that depend on the number of vehicle miles traveled, including fuel costs, maintenance costs and maintenance personnel salaries and fringe benefits.

AB133-ASA1-CA1,369,19 3. Costs that depend on the maximum number of vehicles that are in service during the day, including administrative and capital costs.".

AB133-ASA1-CA1,369,20 1037. Page 971, line 16: after that line insert:

AB133-ASA1-CA1,369,21 " Section 1849gm. 85.205 of the statutes is created to read:

AB133-ASA1-CA1,370,9 85.205 Prohibited expenditures for light rail. Notwithstanding ss. 85.022, 85.062 and 85.063, the department may not encumber or expend any federal funds received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or state funds for any purpose related to a light rail mass transit system. This section does not apply to any light rail mass transit system that is being constructed on the effective date of this section .... [revisor inserts date]. This section does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This section does not apply after June 30, 2001.".

AB133-ASA1-CA1,370,10 1038. Page 972, line 10: after that line insert:

AB133-ASA1-CA1,370,11 " Section 1852g. 85.243 (2) (am) of the statutes is created to read:

AB133-ASA1-CA1,370,22 85.243 (2) (am) Grants awarded under this section for the planning, design or construction of bicycle and pedestrian facilities shall be only awarded from the appropriation under s. 20.395 (2) (ox). The total amount of the grants awarded under this paragraph and ss. 85.024 and 85.026 (2) (b) and projects approved under s. 85.245 (1m) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the grants are awarded or the projects are approved. If the department determines that a grant was awarded under this paragraph for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant withdrawn may not be counted under this paragraph.

AB133-ASA1-CA1, s. 1852j Section 1852j. 85.245 (1) of the statutes is amended to read:

AB133-ASA1-CA1,371,5 85.245 (1) The department may administer a program for the distribution of federal funds for congestion mitigation and air quality improvement projects made available to the state under 23 USC 149. The Except as provided in sub. (1m), the cost of any project shall be funded from the appropriations under s. 20.395 (2) (kv) and (kx).

AB133-ASA1-CA1, s. 1852k Section 1852k. 85.245 (1m) of the statutes is created to read:

AB133-ASA1-CA1,371,17 85.245 (1m) The cost of any project funded under this section for the planning, design or construction of a bicycle and pedestrian facility shall be only funded from the appropriation under s. 20.395 (2) (ox). The total amount of any project approved under this subsection and the amount of grants awarded under ss. 85.024, 85.026 (2) (b) and 85.243 (2) (am) for the planning, design or construction of bicycle and pedestrian facilities may not exceed $9,755,000 in the fiscal year in which the projects are approved or the grants are awarded. If the department determines that a project was approved under this subsection on which construction will not be completed within a reasonable time after the project is approved, the department may withdraw its approval of that project and the cost of the project for which approval was withdrawn may not be counted under this subsection.".

AB133-ASA1-CA1,371,18 1039. Page 972, line 10: after that line insert:

AB133-ASA1-CA1,371,19 " Section 1852f. 85.243 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,372,5 85.243 (2) (a) The Subject to par. (ar), the department shall administer a surface transportation discretionary grants program to promote the development and implementation of surface transportation projects that foster the diverse transportation needs of the people of this state. Annually, the department may make grants to eligible applicants for surface transportation projects that promote nonhighway use or that otherwise supplement existing transportation activities. A grant may not exceed 80% of the total cost of a project. The department shall give priority to funding projects that foster alternatives to single-occupancy automobile trips. In deciding whether to award a grant under this section, the department may consider whether other funding sources are available for the proposed project.

AB133-ASA1-CA1, s. 1852gd Section 1852gd. 85.243 (2) (ar) of the statutes is created to read:

AB133-ASA1-CA1,372,15 85.243 (2) (ar) The department may not approve a grant under par. (a) until after enactment of the biennial budget act for the biennium during which the grant will be awarded. The total amount of grants awarded under par. (a) and paid from the appropriations under s. 20.395 (2) (jq), (jv) and (jx) may not exceed the amounts appropriated under s. 20.395 (2) (jq), (jv) and (jx) for the biennium during which the grants are awarded. If the department determines that a grant was awarded under par. (a) for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant so withdrawn may not be counted under this paragraph.".

AB133-ASA1-CA1,372,17 1040. Page 974, line 21: delete that line and substitute: "86.19 (1r) The department shall maintain".

AB133-ASA1-CA1,372,20 1041. Page 974, line 22: delete "directional signs along I 43" and substitute "the directional sign existing on the effective date of this subsection .... (revisor inserts date), that is located along I 43".

AB133-ASA1-CA1,372,22 1042. Page 974, line 23: delete "any sign erected and" and substitute "the sign".