SB55-ASA1-AA1,704,12
12"
Section 2311g. 85.061 (3) (b) of the statutes is repealed and recreated to read:
SB55-ASA1-AA1,704,1613
85.061
(3) (b) The department may not use any proceeds from the bond issue
14authorized under s. 20.866 (2) (up) unless the use of the proceeds is specifically
15enumerated in a list under par. (c) and state funds are used for not more than 20%
16of the cost of an enumerated project.
SB55-ASA1-AA1,704,1918
85.061
(3) (c) The department may use proceeds from the bond issue authorized
19under s. 20.866 (2) (up) for the following purposes:
SB55-ASA1-AA1,704,2120
1. No purposes enumerated under this subdivision as of the effective date of
21this subdivision .... [revisor inserts date].".
SB55-ASA1-AA1,705,9
185.09
(4i) Disposal of rail property. The department shall sell at public or
2private sale rail property acquired under sub. (4) when the department determines
3that the rail property is not necessary for a public purpose and, if real property, the
4real property is not the subject of a petition under s. 16.375 (2). Upon receipt of the
5full purchase price, the department shall, by appropriate deed or other instrument,
6transfer the rail property to the purchaser. The funds derived from sales under this
7subsection shall be deposited in the
public transportation account in the 8transportation fund, and the expense incurred by the department in connection with
9the sale shall be paid from the appropriation under s. 20.395 (2) (bq).".
SB55-ASA1-AA1,705,1712
85.12
(5) Beginning with fiscal year 2001-02, from the appropriations under
13s. 20.395 (5) (dk) of moneys received by the department from the department and
14under s. 20.395 (5) (dq), the amount provided by the department in any fiscal year
15for the statewide public safety radio management program under this section may
16not exceed 50% of the costs of the statewide public safety radio management program
17or $138,000, whichever is less.".
SB55-ASA1-AA1,705,20
19"
Section 2321mb. 85.12 (4) of the statutes, as created by 2001 Wisconsin Act
20.... (this act), is amended to read:
SB55-ASA1-AA1,706,221
85.12
(4) Beginning with fiscal year 2001-02, if the department of
22transportation provides radio services under this section to the department of
23natural resources fish, wildlife, parks, and forestry in any fiscal year, the department
24of
natural resources fish, wildlife, parks, and forestry shall make quarterly
1payments from the appropriation under s. 20.370
(8) (mu) (1) (su) of $111,450 to the
2department of transportation.
SB55-ASA1-AA1,706,84
85.19
(1) Standards. The department, in consultation with the department of
5natural resources environmental management, shall, by rule, establish standards
6for the control of soil erosion related to highway and bridge construction that is
7funded in whole or in part with state or federal funds. At a minimum, the standards
8shall require the use of best management practices.
SB55-ASA1-AA1,706,1210
85.19
(2) (c) The department shall establish the training program in
11consultation with the department of
natural resources
environmental
12management.".
SB55-ASA1-AA1,706,15
1585.205 (title)
Prohibited expenditures
and construction for light rail.
SB55-ASA1-AA1,707,1018
85.205
(1) Notwithstanding ss. 85.022, 85.062 and 85.063, the department may
19not encumber or expend any federal funds received under P.L.
102-240, section 1045,
20or P.L.
105-277, section 373, or state funds for any purpose related to a light rail mass
21transit system.
This section Notwithstanding any other provision of ch. 59, 60, 61,
2262, or 66, no governing body of any city, village, town, or county and no agency,
23corporation, instrumentality, or subunit of a city, village, town, or county may enter
24into a contract for any purpose related to a light rail mass transit system if the cost
1of any of the contracted items would be paid for by, or reimbursed with, federal funds
2received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or any funds
3received from the state. This subsection does not apply to any light rail mass transit
4system that is being constructed on October 29, 1999. This
section subsection does
5not apply to any funds expended or activity related to a mass transit system that is
6done under the memorandum of agreement concerning USH 12 between Middleton
7and Lake Delton, Wisconsin, that was executed by the governor, the secretary of
8transportation, the secretary of natural resources, the county executive of Dane
9County, the administrative coordinator of Sauk County, and others, and that became
10effective on April 22, 1999.
This section does not apply after June 30, 2001.
SB55-ASA1-AA1,707,1612
85.205
(2) A light rail mass transit system may not be constructed in
13Milwaukee County after the effective date of this subsection .... [revisor inserts date],
14unless the Milwaukee County board authorizes construction of the light rail mass
15transit system by resolution and the resolution is ratified by the electors of
16Milwaukee County at a referendum held at the next general election.".
SB55-ASA1-AA1,708,919
85.21
(3) (c) To make and execute contracts with counties to ensure the
20provision of specialized transportation service. Payments under such contracts to
21eligible applicants shall not exceed the county proportionate share, except as
22supplemented under par. (e) or (f). A contract under this section shall require the
23county to make a matching contribution of 20% of the contract amount and to furnish
24information determined necessary by the department for periodic program
1monitoring and year-end auditing and evaluation. A contract may permit a county
2to hold aids received under this section on or after July 2, 1983, in trust, according
3to rules promulgated by the department, for the exclusive purpose of acquiring or
4maintaining equipment used for services authorized under this section. All aids held
5in trust, as well as any accumulated interest, not expended for the authorized
6purposes, shall be returned to the department for deposit in the
public
7transportation account in the transportation fund. Nothing in this paragraph
8entitles a county to any investment interest accumulated prior to the time the aid
9payment is actually received by the county.".
SB55-ASA1-AA1,708,1612
85.25
(5) Moral obligation. Recognizing its moral obligation to do so, the
13legislature expresses its expectation and aspiration that, if ever called upon to do so,
14it shall make an appropriation from the
state and local highways account in the 15transportation fund to meet all demands for funds relating to defaulted mobilization
16loans and deficiencies under this section.".
SB55-ASA1-AA1,708,2321
86.255
(2) (a) The purchase of any land that is acquired as compensatory
22mitigation for another wetland, as defined in s.
23.32
278.32 (1), that will suffer an
23adverse impact by degradation or destruction as part of a highway project.".
SB55-ASA1-AA1,709,2
1"
Section 2340m. 85.52 (3) (cm) of the statutes is renumbered 85.52 (3) (cm)
21. and amended to read:
SB55-ASA1-AA1,709,143
85.52
(3) (cm) 1. The joint committee on finance may transfer moneys, at the
4request of the department, in amounts not to exceed the amounts necessary to meet
5the requirements under P.L.
104-59, section 350, from the
state and local highways
6account in the transportation fund to the
highway account in the transportation
7infrastructure loan fund. The department shall submit to the joint committee on
8finance for its review and approval proposed reductions among the transportation
9fund appropriations to the department equal to the amount transferred under this
10paragraph subdivision. The joint committee on finance may approve, disapprove or
11modify the proposed reductions. Upon approval of the proposed reductions, as may
12be modified by the committee, an amount equivalent to each approved reduction is
13lapsed from the appropriation account for each reduced appropriation to the
state
14and local highways account in the transportation fund.
SB55-ASA1-AA1,710,216
85.52
(3) (cm) 2. The joint committee on finance may transfer moneys, at the
17request of the department, in amounts not to exceed the amounts necessary to meet
18the requirements under P.L.
104-59, section 350, from the public transportation
19account in the transportation fund to the transit account in the transportation
20infrastructure loan fund. The department shall submit to the joint committee on
21finance for its review and approval proposed reductions among the transportation
22fund appropriations to the department equal to the amount transferred under this
23subdivision. The joint committee on finance may approve, disapprove, or modify the
24proposed reductions. Upon approval of the proposed reductions, as may be modified
25by the committee, an amount equivalent to each approved reduction is lapsed from
1the appropriation account for each reduced appropriation to the public
2transportation account in the transportation fund.".
SB55-ASA1-AA1,710,65
86.03
(5m) Trees and other vegetation blocking view of business or sign.
6(a) In this subsection, "vegetation" means any tree, shrub, hedge, or other foliage.
SB55-ASA1-AA1,710,177
(b) Notwithstanding any other provision of this section, if any vegetation
8located in a highway right-of-way prevents the operator of a vehicle traveling on a
9highway at the posted speed limit from viewing for 6 uninterrupted seconds a
10business premises located adjacent to the highway right-of-way, a sign located on
11a business premises adjacent to the highway right-of-way that advertises the
12business to motorists on the adjacent highway, or any sign erected under this chapter
13or s. 84.30 that is permitted to be located in or adjacent to the highway right-of-way,
14any person who maintains a majority ownership interest in the business adjacent to
15the highway right-of-way or who owns a sign identified in this paragraph may trim
16or remove any obstructing vegetation located in the highway right-of-way if all of
17the following requirements are met:
SB55-ASA1-AA1,710,1818
1. The person obtains a permit from the department under par. (c).
SB55-ASA1-AA1,710,2219
2. The person pays for the cost of trimming or removing the obstructing
20vegetation, including the cost of cleanup and disposal, and for replacing any removed
21vegetation, including the cost of purchasing and planting the replacement
22vegetation.
SB55-ASA1-AA1,711,323
3. If the person has removed vegetation, the person replaces the removed
24vegetation with comparable vegetation along the same highway right-of-way,
1provided that the person may not locate replacement vegetation in a manner that
2obstructs, or will obstruct in the foreseeable future, the view from the highway of
3another existing business or sign identified in this paragraph.
SB55-ASA1-AA1,711,84
(c) The department shall issue permits to eligible applicants for the trimming
5or removal of vegetation located in a highway right-of-way under par. (b). Any
6permit issued under this paragraph shall specify the vegetation or the portion of the
7highway right-of-way to which the permit applies. The department shall grant or
8deny an application for a permit within 30 days of receipt of the application.".
SB55-ASA1-AA1,711,14
1286.193 Agricultural tourism signs. (1) In this section, "agricultural
13tourism facility" means a facility located in this state that is open to the public at
14least 4 days a week for a minimum of 3 months and which does any of the following:
SB55-ASA1-AA1,711,1515
(a) Markets Wisconsin farm products.
SB55-ASA1-AA1,711,1716
(b) Processes and markets agricultural products, of which at least 50% are
17grown and produced in this state.
SB55-ASA1-AA1,711,1918
(c) Promotes tourism by providing tours and on-site sales or samples of
19Wisconsin agricultural products.
SB55-ASA1-AA1,711,23
20(2) The department shall develop and, no later than March 1, 2002, implement
21a plan, consistent with federal and state laws, to promote and maximize the erection
22of agricultural tourism signs on highways in this state to identify and provide
23directional information to any agricultural tourism facility.
SB55-ASA1-AA1,712,3
1(3) (a) Except as provided in par. (b), the department may assess and collect
2from an agricultural tourism facility the actual costs of erection of any agricultural
3tourism sign that identifies and provides directional information to the facility.
SB55-ASA1-AA1,712,94
(b) A local authority shall permit erection of a trailblazer sign that identifies
5and provides directional information to an agricultural tourism facility on a highway
6under the jurisdiction of the local authority if the facility is located more than 5 miles
7from the highway and the local authority assesses and collects from the facility the
8actual costs of erection of the trailblazer sign. The department shall promulgate
9rules defining "trailblazer sign" for purposes of this paragraph.
SB55-ASA1-AA1,712,11
10(4) In developing and implementing the plan under sub. (2), the department
11shall consult with the department of agriculture, trade and consumer protection.".
SB55-ASA1-AA1,713,1514
86.21
(2) (a) Before any such toll bridge is constructed or acquired under this
15section, a resolution authorizing the construction or acquisition thereof, and
16specifying the method of payment therefor, shall be adopted by a majority of the
17members of the governing body of such county, town, village or city at a regular
18meeting, after publication of said resolution, as a class 2 notice, under ch. 985. The
19resolution shall include a general description of the property it is proposed to acquire
20or construct. Any county, town, village or city constructing or acquiring a toll bridge
21under this section may provide for the payment of the same or any part thereof from
22the general fund, from taxation, or from the proceeds of either municipal bonds,
23revenue bonds or as otherwise provided by law. Such resolution shall not be effective
24until 15 days after its passage and publication. If within said 15 days a petition
1conforming to the requirements of s. 8.40 is filed with the clerk of such municipality,
2and filed as provided in s. 8.37, signed by at least 20% of the electors thereof
3requesting that the question of acquiring such toll bridge be submitted to the said
4electors, such question shall be submitted at
any general or regular municipal the
5next election
authorized under s. 8.065 (2) or an election authorized under s. 8.065
6(3) that is held not sooner than 42 days from the date of filing such petition.
In case
7no such general or regular municipal election is to be held within such stated period,
8then the governing body of such municipality shall order a special election to be held
9within 30 days from the filing of such petition upon the question of whether such toll
10bridge shall be acquired by said municipality. The question submitted to the electors
11shall specify the method of payment for such toll bridge as provided in the resolution
12for the acquisition thereof. If no such petition is filed, or if the majority of votes cast
13at such referendum election are in favor of the acquisition of such toll bridge, then
14the resolution of the governing body for the acquisition of such toll bridge shall be in
15effect.".
SB55-ASA1-AA1,713,2019
88.11
(1) (f) Assist districts in applying for permits under
s. 88.31 chs. 30 and
2031.".
SB55-ASA1-AA1,714,823
86.315
(1) From the appropriation under s. 20.395 (1) (fu), the department
24shall annually, on March 10, pay to counties having county forests established under
1ch. 28, for the improvement of public roads within the county forests which are open
2and used for travel and which are not state or county trunk highways or town roads
3and for which no aids are paid under s. 86.30, the amount of $336 per mile of road
4designated in the comprehensive county forest land use plan as approved by the
5county board and the department of
natural resources
fish, wildlife, parks, and
6forestry. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make
7the payments required under this subsection, the department shall prorate the
8amount appropriated in the manner it considers desirable.
SB55-ASA1-AA1,714,1110
87.01
(1) "Department" means the department of
natural resources 11environmental management.
SB55-ASA1-AA1,714,14
1387.02 Powers of department. (intro.) To accomplish the purposes of ss. 87.01
14to 87.17, the department
of natural resources is hereby authorized and empowered:
SB55-ASA1-AA1,715,12
1687.14 Operation and maintenance. The flood control board is authorized
17to sell, lease, or lease with power to purchase, any reservoir proposed to be
18constructed, in the process of construction or completed, to a duly organized river
19improvement company as defined by s. 182.016, on such terms and conditions as are
20approved by the department
of natural resources as hereinafter provided. Unless so
21leased or sold it shall be the duty of the flood control board to maintain and operate
22said improvement. The cost of operation and maintenance during the period
23intervening between the completion of said improvement and the date when funds
24provided under this section become available shall be paid from the funds provided
25for maintenance pursuant to the estimate made by the department as provided in s.
187.07 (3). Prior to the first day of November in each year the flood control board shall
2certify to the clerk of each town, village and city in which lands to be benefited by the
3improvement are located an estimated budget, detailed as far as practicable, of the
4cost of operation and maintenance of said improvement for the succeeding calendar
5year, together with the amount due upon any judgments outstanding against the
6board, except those judgments from which the board has appealed or intends to
7appeal, and shall certify at the same time the portion of such cost to be borne by each
8such town, village and city. This shall be determined in the same manner and
9according to the same proportions as provided in s. 87.10 (1) (c). It shall thereupon
10become the duty of each such town, village and city to include in its next succeeding
11tax levy the amount so certified and to forward such amount, on or before March 15
12following, to the flood control board.
SB55-ASA1-AA1,716,14
1487.18 Lease, sale and lease with option to purchase the project. 15Whenever the flood control project consists of a storage reservoir and authority to
16create, operate and maintain a reservoir on the river affected by such storage
17reservoir is vested in a duly organized river improvement company as defined by s.
18182.016, and the petitioners file with the department
of natural resources a petition
19and a proposed contract with such improvement company for a lease, sale, or lease
20with option to purchase said reservoir, and the department finds the terms and
21conditions of such contract are sufficient to assure the payment of the amount the
22board will be obligated to pay for the cost of the reservoir and the maintenance and
23operation of the same, and the project will secure effective flood control and
24promotion of the public welfare, then notices, proceedings and assessments provided
25by ss. 87.04 to 87.12 are not required. The department, however, shall make findings
1as required by s. 87.05 and shall order that the flood control board be appointed and
2shall so certify to the governor as provided by s. 87.12. The governor shall thereupon
3appoint the board as provided in said s. 87.12. The proposed contract filed with the
4department by petitioners for the sale, lease, or lease with option to purchase said
5reservoir property shall not be binding upon the board so appointed unless the board
6approves such contract. Upon approval the board shall so report to the department
7and file with it a final contract executed by the board and lessee or purchaser. The
8department has authority to approve or disapprove such contract. If the department
9approves such contract, then it shall be final and the department shall thereupon
10order the board to proceed with the work. When such reservoir property is sold and
11the purchase price has been fully paid and any indebtedness assumed by the
12purchaser has been paid and discharged, including the fees and expenses of the
13board, and the department so finds, the said board shall thereupon be dissolved by
14order of the department.
SB55-ASA1-AA1,716,2116
88.05
(4) (a) The chairperson of the county highway committee except in a
17county with a highway commissioner appointed under s. 83.01 (1) (c), the highway
18commissioner; the chairperson of the county land conservation committee in the
19county involved; the secretary of
natural resources
environmental management; the
20state drainage engineer; and, where a railroad company is involved, the person
21specified in sub. (6).
SB55-ASA1-AA1,716,2423
88.11
(1) (e) Coordinate district activities with the department of
natural
24resources environmental management.
SB55-ASA1-AA1,717,5
188.11
(1) (i) Establish, by rule, performance standards for drainage district
2structures, ditches, maintenance and operations, in order to minimize adverse
3effects on water quality. The performance standards shall be consistent with any
4requirements imposed by the department of
natural resources environmental
5management under s. 88.31.
SB55-ASA1-AA1,717,107
88.11
(2) The state drainage engineer shall provide technical assistance to
8improve district operations on the request of the department of
natural resources 9environmental management, drainage board, landowners in the district or the
10judge.".