Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,681,11 "Section 2307g. 84.06 (1) of the statutes is amended to read:

SB55-ASA1-AA1,681,19 84.06 (1) Definitions. In this section, "improvement" or "highway improvement" includes construction, reconstruction, rehabilitation, and the activities, operations and processes incidental to building, fabricating, or bettering a highway, public mass transportation system or street, but not maintenance. The terms do not include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, or intelligent transportation systems, unless incidental to building, fabricating, or bettering a highway or street.

SB55-ASA1-AA1, s. 2307h Section 2307h. 84.07 (1) of the statutes is amended to read:

SB55-ASA1-AA1,682,17 84.07 (1) State expense; when done by county or municipality. The state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and may contract with a private entity or any county highway committee or municipality to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the private entity, county, or municipality, and any private entity, county, or municipality may enter into such contract. General maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a continuing basis for the preservation of the highways on the state trunk system, and including the care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to s. 80.01 (3), and all measures deemed necessary to provide adequate traffic service. Special maintenance activities include the restoration, reinforcement, complete repair or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.".

SB55-ASA1-AA1,682,18 1316. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,682,19 " Section 2307dc. 84.072 of the statutes is created to read:

SB55-ASA1-AA1,682,21 84.072 Unified disadvantaged business certification program. (1) Definitions. In this section:

SB55-ASA1-AA1,682,23 (a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that is operated for profit.

SB55-ASA1-AA1,683,2 (am) "Certifying authority" means the department or, if authorized under sub. (5m), a municipality or county.

SB55-ASA1-AA1,683,3 (b) "Disadvantaged business" means a business that is all of the following:

SB55-ASA1-AA1,683,6 1. At least 51% owned by one or more disadvantaged individuals who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined in 8 USC 1101 (a) (20).

SB55-ASA1-AA1,683,8 2. Controlled in its management and daily business operations by one or more of the disadvantaged individuals who own the business.

SB55-ASA1-AA1,683,9 3. A small business concern within the meaning given in 49 CFR 26.5.

SB55-ASA1-AA1,683,12 (c) "Disadvantaged individual" means an individual found by a certifying authority to be socially and economically disadvantaged within the meaning given in 49 CFR 26.5.

SB55-ASA1-AA1,683,13 (d) "Municipality" means a city, village, or town.

SB55-ASA1-AA1,684,3 (2) Certification. (a) Any business may apply to a certifying authority for certification as a disadvantaged business. All applications shall be sworn and notarized. A certifying authority shall certify as a disadvantaged business any business that meets the requirements under 49 CFR 26, subpart D, for such certification. A certifying authority shall follow all certification procedures and standards provided in 49 CFR 26 and all certification determinations shall strictly conform with 49 CFR 26 and federal guidelines established under that section. A certifying authority shall complete review and issue a decision concerning an application within 90 days after receiving the completed application, except that a certifying authority may extend its review period to not more than 150 days if, within those 90 days, the certifying authority provides written notice to the applicant specifying the reasons for the extension. No person may certify a business as a disadvantaged business for purposes of 49 CFR 26, except as provided in this section. A certifying authority may charge and collect reasonable fees for reviewing an application submitted under this paragraph.

SB55-ASA1-AA1,684,8 (b) 1. Except as provided in sub. (6), a certifying authority is not required to review an application submitted by a business that has its principal place of business in another state, unless the business is certified as a disadvantaged business under a unified certification program that strictly conforms to 49 CFR 26 and to which that other state is a party.

SB55-ASA1-AA1,684,11 2. If the department receives an application for a business that is certified as a disadvantaged business under a federally approved unified certification program pursuant to 49 CFR 26, the department may do any of the following:

SB55-ASA1-AA1,684,13 a. Grant certification in reliance of the certification determination under the federally approved unified certification program.

SB55-ASA1-AA1,684,16 b. Make an independent certification determination based on material submitted by the other certifying agency, supplemented by whatever additional information the department may request from the applicant.

SB55-ASA1-AA1,684,18 c. Require the applicant to undergo the application process without regard to the other certification.

SB55-ASA1-AA1,684,23 3. If a certifying authority that is a municipality or county receives an application for a business that is certified as a disadvantaged business under a federally approved unified certification program pursuant to 49 CFR 26, the certifying authority shall forward the application to the department for purposes of subd. 2.

SB55-ASA1-AA1,685,3 (c) A certifying authority shall cooperate with any directive from the federal government under authority of 49 CFR 26 concerning certification under this section.

SB55-ASA1-AA1,685,8 (d) Certification under this section is valid for 3 years, unless the department removes certification under sub. (4) or the certification is removed as provided in 49 CFR 26.87 or 26.89. A certifying authority may not require a business that is certified under this section to reapply during the 3-year period after its certification, unless the factual basis on which the certification is made materially changes.

SB55-ASA1-AA1,685,16 (e) No certification of a business as a disadvantaged business for purposes of federal transportation assistance programs before the effective date of this paragraph .... [revisor inserts date], is valid for contracts executed after the last day of the 5th month beginning after the effective date of this paragraph .... [revisor inserts date]. Beginning on the first day of the 6th month beginning after the effective date of this paragraph.... [revisor inserts date], only a business certified under this section qualifies as a disadvantaged business enterprise for purposes of 49 CFR 26.

SB55-ASA1-AA1,685,22 (2m) Confidentiality. (a) A certifying authority may not disclose to any person any information that relates to an individual's statement of net worth, a statement of experience, or a company's financial statement, including the gross receipts of a bidder, or to any documentation submitted in support of those statements, if the information was obtained for the purpose of complying with 49 CFR 26, as that section existed on October 1, 1999.

SB55-ASA1-AA1,685,24 (b) This subsection does not prohibit a certifying authority from disclosing information to any of the following persons:

SB55-ASA1-AA1,685,25 1. The person to whom the information relates.

SB55-ASA1-AA1,686,1 2. If the certifying authority is a municipality or county, to the department.

SB55-ASA1-AA1,686,3 3. If the certifying authority is the department, to a municipality or county authorized under sub. (5m).

SB55-ASA1-AA1,686,5 4. Any person who has the written consent of the person to whom the information relates to receive such information.

SB55-ASA1-AA1,686,8 5. Any person to whom 49 CFR 26, as that section existed on October 1, 1999, requires or specifically authorizes the certifying authority to disclose such information.

SB55-ASA1-AA1,686,11 6. The federal department of transportation, if the certifying authority discloses the information for the purposes of a certification appeal proceeding in which the disadvantaged status of the individual is in question.

SB55-ASA1-AA1,686,17 (3) Implied consent. Any municipality, county, or other person that accepts federal moneys from the appropriations under s. 20.395 (1) (bx), (2) (ax), (dx), or (fx), or (3) (bx), (cx), or (ex), or accepts other federal moneys for highway, transit, or airport purposes, after the effective date of this subsection .... [revisor inserts date], is considered to have given consent to the unified certification disadvantage business program administered under this section.

SB55-ASA1-AA1,687,7 (4) Requirements of certified businesses. A business certified as a disadvantaged business shall, within 30 days after a change in the business's size, disadvantaged status, ownership, or control that could preclude its certification as a disadvantaged business under 49 CFR 26, notify the department of such change by sworn and notarized statement. A business certified as a disadvantaged business shall submit annually to the department a sworn, notarized statement attesting that there have been no changes to business's size, disadvantaged status, ownership, or control, or gross receipts, that would preclude its certification as a disadvantaged business under 49 CFR 26. The notice shall include a statement that the business meets the size and gross receipts criteria for certification, and shall include documentary evidence supporting that statement. The department shall remove the certification of any disadvantaged business that fails to provide the statement within 13 months after certification under this section, or within 13 months after it last submitted to the department the information required under this subsection, whichever is later.

SB55-ASA1-AA1,687,17 (5) Directory of certified businesses. The department shall maintain a list of all businesses certified as a disadvantaged business by a certifying authority or by a state that is a party to an agreement under sub. (6). The list shall include the business name, address, telephone number, and types of work that the business is certified to perform as a disadvantaged business. The department shall make the list and any updated information available to any person, at no charge, on the Internet and in printed format. The department shall update the list at least annually, but shall update the electronic list available on the Internet by including additions, deletions, or other changes to the list as soon as the department makes such an addition, deletion, or other change.

SB55-ASA1-AA1,688,6 (5m) Certification by a municipality or county. The department may authorize any municipality or county to certify a business as a disadvantaged business. The authorization shall be in writing and shall require the municipality or county to conform strictly to the standards and processes provided in this section and rules promulgated under this section. The authorization shall be valid for one year. The authorization shall require the municipality or county to provide written notice to the department of any certification decision. The written notice shall include all of the information contained in the directory maintained under sub. (5). The authorization shall require the municipality or county to forward applications to the department under sub. (2) (b) 3. Certification by a municipality or county is valid for 3 years, unless the department removes certification under sub. (4) or the certification is removed as provided in 49 CFR 26.87 or 26.89. No municipality or county authorized under this subsection may hear any appeals or complaints regarding certification decisions.

SB55-ASA1-AA1,688,12 (6) Reciprocal certification agreements. Notwithstanding sub. (2) (a), the department may enter into a reciprocal agreement with any other state establishing a joint unified certification program that strictly conforms to 49 CFR 26. The agreement may authorize the other state to certify as a disadvantaged business any business that is based in this state, or may authorize the department to certify as a disadvantaged business any business based in that other state.

SB55-ASA1-AA1,688,16 (7) Certification appeals and complaints. (a) Any business whose application for certification is denied, or is not reviewed within the time limits prescribed in sub. (2) (a), or whose certification is removed, may appeal that action as provided in 49 CFR 26.89 to the department.

SB55-ASA1-AA1,688,23 (b) Any person may file with the department a signed, written complaint that a business that a certifying authority has certified under this section is not eligible for such certification. The department shall investigate complaints that it finds are supported by credible evidence. If, upon investigation, the department finds reasonable cause to believe that a business is not eligible for certification, the department shall notify the business of its findings in writing and shall proceed in the manner provided under 49 CFR 26.87.

SB55-ASA1-AA1,689,2 (8) Applicability. This section does not apply if federal law does not require, as a condition of using federal funds, this state to establish goals for the participation of disadvantaged businesses or the employment of disadvantaged individuals in projects using federal funds.

SB55-ASA1-AA1, s. 2307de Section 2307de. 84.076 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,689,8 84.076 (1) (a) "Disadvantaged individual" means a minority group member, a woman or any other individual found by the department to be socially and economically disadvantaged by the department as provided within the meaning given in 49 CFR 23.62 26.5, unless successfully challenged as provided in 49 CFR 23.69 26.89.

SB55-ASA1-AA1, s. 2307dg Section 2307dg. 84.076 (1) (b) (intro.) of the statutes is renumbered 84.076 (1) (b) and is amended to read:

SB55-ASA1-AA1,689,14 84.076 (1) (b) "Disadvantaged business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements, as certified by the department: has the meaning given in s. 84.072 (1) (b).

SB55-ASA1-AA1, s. 2307dh Section 2307dh. 84.076 (1) (b) 1., 2. and 3. of the statutes are repealed.

SB55-ASA1-AA1, s. 2307dj Section 2307dj. 84.076 (3) (intro.) and (a) of the statutes are consolidated, renumbered 84.076 (3) and amended to read:

SB55-ASA1-AA1,690,2 84.076 (3) Bids, contracts. Section 84.06 (2) applies to bids and contracts under this section, except that the secretary shall reject low bids that do not satisfy the requirements under sub. (4). The secretary shall establish a list of disadvantaged businesses that are eligible to submit bids for contracts awarded under this section and subcontractors who meet the requirements under sub. (4) (b). Each bid submitted under this section shall include the agreement specified under sub. (4) and all of the following conditions: (a) A, as a condition, a goal that at least 25% of the total number of workers in all construction trades employed on the project will be disadvantaged individuals.

SB55-ASA1-AA1, s. 2307dk Section 2307dk. 84.076 (3) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2307dm Section 2307dm. 84.076 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,690,14 84.076 (4) (b) Obtain from a subcontractor that has experience in providing training to disadvantaged individuals a program of preapprenticeship training that satisfies the requirements established by the secretary under sub. (2) (b), and assure that the subcontractor has experience in providing a program of management and technical assistance to disadvantaged business contractors, and that the subcontractor's management and technical assistance program satisfies the requirements established by the secretary under sub. (2) (b) and includes all of the requirements of par. (a) 2. A subcontractor under this paragraph need not be a disadvantaged business, but if the subcontractor is not a disadvantaged business, it may not be included within the goal established under sub. (3) (b).".

SB55-ASA1-AA1,690,15 1317. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,690,16 " Section 2307c. 84.03 (9) (a) of the statutes is amended to read:

SB55-ASA1-AA1,691,13 84.03 (9) (a) Subject to s. 86.255, that part of the appropriation made by s. 20.395 (3) in the state and local highways account, 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. Subject to s. 86.255, the requirements of any federal highway act, or regulations issued thereunder, may be met from such appropriation.

SB55-ASA1-AA1, s. 2307d Section 2307d. 84.05 of the statutes is amended to read:

SB55-ASA1-AA1,692,10 84.05 Railroad crossing improvements. On a highway which the department has authority to construct and which crosses a railroad, if the department determines that the construction or reconstruction of a grade separation or the rearrangement or elimination of a grade crossing or other rearrangement of the highway or tracks is necessary in the interest of public safety or for convenience of public travel, the department shall make a plan of the construction proposed and an estimate of the cost thereof, including the cost of needed right-of-way; and shall endeavor to make an arrangement with all persons concerned as to all matters involved in the plan, including the portion of the cost of the contemplated work which the persons shall defray. If the department is unable to contract with the persons concerned as to the distribution and payment of the cost of the work or the maintenance thereof, the department shall lay the matter before the office of the commissioner of railroads, and the office of the commissioner of railroads shall review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of the construction and of the maintenance which is to be paid by the persons or corporations concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be paid from the public transportation account in the transportation fund. The office of the commissioner of railroads shall determine the benefits, if any, which will inure to other highways, and apportion and charge to the units of government responsible for the construction of such other highways a fair portion of the cost.

SB55-ASA1-AA1, s. 2307f Section 2307f. 84.09 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,692,21 84.09 (3) (c) The county highway committee when so ordered by the department is authorized and empowered to sell and shall sell at public or private sale, subject to such conditions and terms authorized by the department, any and all buildings, structures, or parts thereof, and any other fixtures or personalty acquired in the name of the county under this section or any predecessor. Any instrument in the name of the county, transferring title to the property mentioned in the foregoing sentence, shall be executed by the county highway committee and the county clerk. The proceeds from such sale shall be deposited with the state in the appropriate in the state and local highways account in the transportation fund and the expense incurred in connection with such sale shall be paid from such fund.

SB55-ASA1-AA1, s. 2307h Section 2307h. 84.09 (5) of the statutes is amended to read:

SB55-ASA1-AA1,693,16 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, 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 state and local highways account in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such account in the transportation fund.

SB55-ASA1-AA1, s. 2307hg Section 2307hg. 84.09 (5r) of the statutes is amended to read:

SB55-ASA1-AA1,694,16 84.09 (5r) In lieu of the sale or conveyance of property under sub. (5) or (5m), the department may, subject to the approval of the governor, donate real property that is adjacent to the veterans memorial site located at The Highground in Clark County and owned by the state and under the jurisdiction of the department to the Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans memorial site located at The Highground in Clark County for the purpose of a memorial hall specified in s. 70.11 (9). The department may donate property under this subsection only when the department determines that the property is no longer necessary for the state's use for highway purposes and is not the subject of a petition under s. 16.375 (2) and is transferred with a restriction that the donee may not subsequently transfer the real property to any person except to this state, which shall not be charged for any improvements thereon. Such restriction shall be recorded in the office of the register of deeds in the county in which the property is located. The department shall present to the governor a full and complete report of the property to be donated, the reason for the donation, and the minimum price for which the property could likely be sold under sub. (5), together with an application for the governor's approval of the donation. The governor shall thereupon make such investigation as he or she considers necessary and approve or disapprove the application. Upon such approval, the department shall by appropriate deed or other instrument transfer the property to the donee. The approval of the governor is not required for donation of property having a fair market value at the time of donation of not more than $3,000. Any expense incurred by the department in connection with the donation shall be paid from the state and local highways account in the transportation fund.

SB55-ASA1-AA1, s. 2307hm Section 2307hm. 84.10 (2) of the statutes is amended to read:

SB55-ASA1-AA1,694,24 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 state and local highways account in 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).".

SB55-ASA1-AA1,695,1 1318. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,695,2 " Section 2307g. 84.078 (1) (am) of the statutes is amended to read:

SB55-ASA1-AA1,695,6 84.078 (1) (am) "High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste, or any other waste with similar characteristics specified by the department of natural resources environmental management by rule.

SB55-ASA1-AA1, s. 2307h Section 2307h. 84.078 (3) (a) 2. of the statutes is amended to read:

SB55-ASA1-AA1,695,14 84.078 (3) (a) 2. The department of natural resources environmental management certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2307i Section 2307i. 84.078 (3) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,695,22 84.078 (3) (b) (intro.) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources environmental management under par. (a) 2., notwithstanding the occurrence of any of the following:

SB55-ASA1-AA1, s. 2307j Section 2307j. 84.078 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,696,8 84.078 (3) (c) The department of transportation and the department of natural resources environmental management may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources environmental management applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.".

SB55-ASA1-AA1,696,9 1319. Page 866, line 2: after that line insert:

SB55-ASA1-AA1,696,10 " Section 2307m. 84.1040 of the statutes is created to read:

SB55-ASA1-AA1,696,17 84.1040 Donald K. "Deke" Slayton Memorial Highway. (1) The department shall designate and, subject to sub. (2), mark STH 27 in Monroe County commencing at Sparta and proceeding southerly to Cashton as the "Donald K. `Deke' Slayton Memorial Highway" as a living memorial to and in honor of Donald K. "Deke" Slayton, who brought credit to this state and, in particular, Monroe County for his contribution to this country's space program as one of the 7 original astronauts and as a participant in the first joint United States-Soviet space mission.

SB55-ASA1-AA1,696,24 (2) Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the cost of erecting and maintaining markers along the route specified in sub. (1) to clearly identify to motorists the designation of the route as the "Donald K. `Deke' Slayton Memorial Highway," the department shall erect and maintain the markers. No state funds, other than from the receipt of contributions under this subsection, may be expended for the erection or maintenance of the markers.".

SB55-ASA1-AA1,697,1 1320. Page 866, line 7: after that line insert:

SB55-ASA1-AA1,697,2 " Section 2307u. 84.11 (3) of the statutes is amended to read:

SB55-ASA1-AA1,697,11 84.11 (3) Hearing. Within 60 days of the receipt of a petition under sub. (2), the department shall fix a time and place for a hearing and give notice of the hearing by publication of a class 2 notice, under ch. 985, in the vicinity of the proposed bridge project. Notice shall also be given by registered letter addressed to the clerks of the counties, cities, villages and towns in which any part of the bridge project will be located. The notice shall also be given to the secretary of natural resources fish, wildlife, parks, and forestry and the secretary of environmental management either by registered mail or personally. The hearing may be held in any county, city, village or town in which any part of the bridge project will be located.

SB55-ASA1-AA1, s. 2307w Section 2307w. 84.11 (7m) of the statutes is amended to read:

SB55-ASA1-AA1,698,5 84.11 (7m) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred by law upon the department of natural resources environmental management, and the control exercised by the United States, the construction under this section of any bridge project shall be wholly under the supervision and control of the department. The secretary shall make and execute all contracts and have complete supervision over all matters pertaining to such construction and shall have the power to suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project under sub. (1m), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys provided by counties, cities, villages and towns shall be deposited in the state treasury, when required by the secretary, and paid out on order of the secretary. Any of such moneys deposited for a project eligible for construction under sub. (1m) which remain in the state treasury after the completion of the project shall be repaid to the respective counties, cities, villages and towns in such amounts as to result in the distribution provided in sub. (5m).

SB55-ASA1-AA1, s. 2307y Section 2307y. 84.12 (7) of the statutes is amended to read:

SB55-ASA1-AA1,699,8 84.12 (7) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred upon the department of natural resources environmental management, and the control exercised by the United States, the construction under this section of any bridge project shall be under the joint supervision and control of the department and of the transportation department of the other state concerned. If the transportation department of the other state is not authorized to act jointly with this state in such bridge project arrangements may be made with such subdivisions of the other state as may have proper authority, represented by their proper officers. Control shall be exercised in the manner deemed most expedient by the secretary and such department or by the secretary and the officers of the subdivisions of the other state concerned in the construction. Contracts for the construction of said bridge projects may be made and executed by the secretary and the transportation department of the other state jointly, or jointly by the secretary and such subdivisions of the other state as may participate in the construction, or by appropriate agreement between the parties with respect to financing and control of the work, the authority of either state may contract for all or part of the construction. The secretary may suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project eligible to construction under sub. (1) (a) or offered by it as to any project eligible to construction under sub. (1) (b), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys available from this state, or its subdivisions, shall be deposited in the state treasury when required by the secretary and shall be paid out only upon the order of the secretary. Moneys deposited by such subdivisions which remain in the state treasury after the completion of such project shall be repaid to the respective subdivisions in the proportion paid in.".

SB55-ASA1-AA1,699,10 1321. Page 866, line 24: delete the material beginning with that line and ending with page 868, line 2.

SB55-ASA1-AA1,699,11 1322. Page 868, line 2: after that line insert:

SB55-ASA1-AA1,699,13 "Section 2308r. 84.30 (10m) of the statutes is renumbered 84.30 (10m) (intro.) and amended to read:

SB55-ASA1-AA1,699,19 84.30 (10m) Annual permit fee requirement. The department may promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. If the department establishes an annual permit fee under this subsection, failure to pay the fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. TRANS 201.10 (2) (f), Wis. Adm. Code. This subsection does not apply to any of the following:

SB55-ASA1-AA1, s. 2308s Section 2308s. 84.30 (10m) (a) and (b) of the statutes are created to read: