Amendment CA1-ASA1-AB133

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a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant so withdrawn may not be counted under this subsection.".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".

AB133-ASA1-CA1,372,23 1043. Page 974, line 24: after that line insert:

AB133-ASA1-CA1,372,24 " Section 1855rm. 86.255 of the statutes is created to read:

AB133-ASA1-CA1,373,10 86.255 Limitation on moneys used to purchase land remote from highway project. (1) Notwithstanding ss. 84.09 and 86.25, beginning with purchase contracts executed on the effective date of this subsection .... [revisor inserts date], and with relocation orders initially filed under ch. 32 on the effective date of this subsection .... [revisor inserts date], the department may not encumber or expend any moneys from the appropriations under s. 20.395 (3) for purposes related to the purchase of land, easements, or development rights in land, unless the land or interest in land is purchased in association with a highway improvement project and the land or interest in land is located within one-quarter mile of the centerline or proposed centerline of the highway.

AB133-ASA1-CA1,373,11 (2) Subsection (1) does not apply to any of the following:

AB133-ASA1-CA1,373,14 (a) The purchase of any land that is acquired as compensatory mitigation for another wetland, as defined in s. 23.32 (1), that will suffer an adverse impact by degradation or destruction as part of a highway project.

AB133-ASA1-CA1,373,18 (b) The purchase of any land, easements, or development rights in land, under an agreement executed in the name of the department before the effective date of this paragraph .... [revisor inserts date], or under a relocation order filed under ch. 32 before the effective date of this paragraph .... [revisor inserts date].".

AB133-ASA1-CA1,373,19 1044. Page 974, line 24: after that line insert:

AB133-ASA1-CA1,373,20 " Section 1855rm. 86.195 (2) (ag) 16m. of the statutes is created to read:

AB133-ASA1-CA1,373,22 86.195 (2) (ag) 16m. STH 172 from I 43 southeast of Green Bay to USH 41 at Ashwaubenon.".

AB133-ASA1-CA1,373,24 1045. Page 975, line 11: delete ", $1,692" and substitute "and thereafter, $1,704".

AB133-ASA1-CA1,374,1 1046. Page 975, line 12: delete lines 12 and 13.

AB133-ASA1-CA1,374,3 1047. Page 975, line 17: delete "$83,469,000" and substitute "and $84,059,500".

AB133-ASA1-CA1,374,4 1048. Page 975, line 18: delete "$84,303,700 in calendar year 2001 and".

AB133-ASA1-CA1,374,6 1049. Page 975, line 24: delete "$262,603,400" and substitute "and $264,461,500".

AB133-ASA1-CA1,374,7 1050. Page 975, line 25: delete "$265,229,400 in calendar year 2001 and".

AB133-ASA1-CA1,374,8 1051. Page 976, line 4: delete lines 4 to 23, and substitute:

AB133-ASA1-CA1,374,13 "86.30 (10) Aid payments for calendar year 2001. (a) 1. For calendar year 2001, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to counties for calendar year 2001 and the amount of moneys appropriated for distribution under this section to counties for calendar year 2000.

AB133-ASA1-CA1,374,17 2. Notwithstanding sub. (2) (a), (b) and (d) and s. 86.303 (5) (e), (f), (h) and (i), the amount of aid payable to each county in calendar year 2001 shall be the amount paid to that county for calendar year 2000, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the county for calendar year 2000.

AB133-ASA1-CA1,374,22 (b) 1. For calendar year 2001, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2001 and the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2000.

AB133-ASA1-CA1,375,3 2. Notwithstanding sub. (2) (a), (b) and (d) and s. 86.303 (5) (e), (f), (h) and (i), the amount of aid payable to each municipality in calendar year 2001 shall be the amount paid to that municipality for calendar year 2000, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the municipality for calendar year 2000.".

AB133-ASA1-CA1,375,4 1052. Page 976, line 23: after that line insert:

AB133-ASA1-CA1,375,5 " Section 1863md. 86.30 (11) of the statutes is created to read:

AB133-ASA1-CA1,375,8 86.30 (11) Local segregated account required. (a) Notwithstanding sub. (2), the department may not pay state aid under this section to a municipality or county unless the municipality or county does all of the following:

AB133-ASA1-CA1,375,10 1. Establishes and administers a separate segregated account from which moneys may be used only for purposes related to local highways.

AB133-ASA1-CA1,375,11 2. Deposits in the account established under subd. 1. all of the following:

AB133-ASA1-CA1,375,13 a. All moneys received from this state and from the federal government for local highway purposes.

AB133-ASA1-CA1,375,16 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-CA1,375,18 c. All local moneys allocated for local highway purposes by the local governing body.

AB133-ASA1-CA1,375,20 d. All moneys received from a local revenue source that is dedicated to local highways.

AB133-ASA1-CA1,376,5 (b) If a municipality or county 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 municipality or county meets the requirements under par. (a). When the municipality or county meets the requirements under par. (a), the department shall pay the aid withheld under this paragraph, without interest, except that, if the municipality or county 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 municipality or county. Aid that is forfeited under this paragraph shall be counted under sub. (2) as if the aid had been paid.

AB133-ASA1-CA1,376,8 (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-CA1,376,10 1. Pay expenses related to law enforcement using moneys from an account established under this subsection.

AB133-ASA1-CA1,376,14 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-CA1,376,19 1053. Page 978, line 13: before "The department" insert "Not later than December 15, 2001, and biennially thereafter, each municipality and county shall assess the physical condition of highways under its jurisdiction, using a pavement rating system approved by the department and report the results of that assessment to the department.".

AB133-ASA1-CA1,376,21 1054. Page 978, line 13: after "mileage" insert "or other data concerning highways".

AB133-ASA1-CA1,376,22 1055. Page 978, line 15: delete "mileage" and substitute "data".

AB133-ASA1-CA1,376,24 1056. Page 978, line 17: delete "jurisdictional mileage" and substitute "jurisdictional mileage".

AB133-ASA1-CA1,377,2 1057. Page 978, line 18: delete "determination efforts" and substitute "determination efforts under this subsection".

AB133-ASA1-CA1,377,5 1058. Page 978, line 19: delete "years." and substitute "years Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.".

AB133-ASA1-CA1,377,6 1059. Page 979, line 25: after that line insert: