Amendment ASA1-SB55

SB55-ASA1,855,3 79.04 (2) (a) Annually, the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account to any county having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the production plant is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures and work-in-progress less depreciation, land and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county in any year shall not exceed $100 times the population of the county.

SB55-ASA1, s. 1243 Section 1243. 79.10 (6m) of the statutes is renumbered 79.10 (6m) (a) and amended to read:

SB55-ASA1,855,19 79.10 (6m) (a) If Except as provided in pars. (b) and (c), if the department of administration or the department of revenue determines by October 1 of the year of any distribution under subs. (4) and (5) that there was an overpayment or underpayment made in that year's distribution by the department of administration to municipalities, as determined under subs. (4) and (5), because of an error by the department of administration, the department of revenue or any municipality, the overpayment or underpayment shall be corrected as provided in this subsection paragraph. Any overpayment shall be corrected by reducing the subsequent year's distribution, as determined under subs. (4) and (5), by an amount equal to the amount of the overpayment. Any underpayment shall be corrected by increasing the subsequent year's distribution, as determined under subs. (4) and (5), by an amount equal to the amount of the underpayment. Corrections shall be made in the distributions to all municipalities affected by the error. Corrections shall be without interest.

SB55-ASA1, s. 1244 Section 1244. 79.10 (6m) (b) of the statutes is created to read:

SB55-ASA1,856,13 79.10 (6m) (b) If, after March 1 of the year of any distribution under sub. (5), a municipality discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an overpayment of that year's distribution to the municipality, as determined under sub. (5), the municipality shall correct the error and notify the department of revenue of the correction on a form that the department prescribes. If, after March 1 of the year of any distribution under sub. (5), the department of administration or the department of revenue discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an overpayment of that year's distribution to the municipality, as determined under sub. (5), the department of administration or the department of revenue shall notify the municipality and the municipality shall correct the error. The municipality may pay the amount of the overpayment to the department of revenue and, if the municipality chooses to make such a payment, shall submit the payment with the form prescribed under this paragraph. If the municipality does not pay the amount of the overpayment, the department of administration may collect the amount of the overpayment as a special charge to the municipality or may correct the overpayment as provided under par. (a). Payments under this paragraph shall be without interest and shall be deposited in the lottery fund.

SB55-ASA1, s. 1245 Section 1245. 79.10 (6m) (c) of the statutes is created to read:

SB55-ASA1,857,3 79.10 (6m) (c) If, after March 1 of the year of any distribution under sub. (5), a municipality discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an underpayment of that year's distribution to the municipality, as determined under sub. (5), the municipality shall correct the error and notify the department of revenue on a form that the department prescribes. If, after March 1 of the year of any distribution under sub. (5), the department of administration or the department of revenue discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an underpayment of that year's distribution to the municipality, as determined under sub. (5), the department of administration or the department of revenue shall notify the municipality and the municipality shall correct the error. The department of revenue may either pay the amount of the underpayment to the municipality, from the appropriation under s. 20.835 (3) (q), or correct the underpayment as provided under par. (a). Payments under this paragraph shall be without interest.

SB55-ASA1, s. 1246 Section 1246. 84.01 (31) of the statutes is created to read:

SB55-ASA1,857,15 84.01 (31) Accommodation of utility facilities within highway rights-of-way. Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon finding that it is feasible and advantageous to the state, negotiate and enter into an agreement to accept any plant or equipment used for the conveyance, by wire, optics, radio signal, or other means, of voice, data, or other information at any frequency over any part of the electromagnetic spectrum, or to accept any services associated with the collection, storage, forwarding, switching, and delivery incidental to such communication, as payment for the accommodation of a utility facility, as defined in s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, and 16.754 apply to such agreement.

SB55-ASA1, s. 1247 Section 1247. 84.01 (32) of the statutes is created to read:

SB55-ASA1,857,21 84.01 (32) Confidentiality of bidder information. (a) The department may not disclose to any person any information requested by the department for the purpose of complying with 49 CFR 26, as that section existed on October 1, 1999, 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.

SB55-ASA1,857,23 (b) This subsection does not prohibit the department from disclosing information to any of the following persons:

SB55-ASA1,857,24 1. The person to whom the information relates.

SB55-ASA1,858,2 2. Any person who has the written consent of the person to whom the information relates to receive such information.

SB55-ASA1,858,4 3. Any person to whom 49 CFR 26, as that section existed on October 1, 1999, requires or specifically authorizes the department to disclose such information.

SB55-ASA1, s. 2296m Section 2296m. 84.01 (33) of the statutes is created to read:

SB55-ASA1,858,13 84.01 (33) Transportation funding report. By January 15, 2003, and biennially thereafter, the department shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committee dealing with transportation matters in each house of the legislature that shows transportation revenues and the funding for transportation programs for at least 15 years preceding the report, including changes to funding levels following the enactment of biennial budget bills and an explanation of major changes in the funding levels for appropriations included in the most recent biennial budget act.

SB55-ASA1, s. 1248 Section 1248. 84.013 (2) (a) of the statutes is amended to read:

SB55-ASA1,858,17 84.013 (2) (a) Subject to s. ss. 84.59 (1) and 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).

SB55-ASA1, s. 1249 Section 1249. 84.013 (2) (b) of the statutes is amended to read:

SB55-ASA1,858,21 84.013 (2) (b) Subject Except as provided in ss. 84.014 and 84.03 (3) and 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).

SB55-ASA1, s. 1250 Section 1250. 84.013 (3) (a), (b), (c), (d), (e), (em), (f), (g), (h), (i), (j), (k), (L), (m), (n), (o), (p), (q), (r), (s), (t), (tj), (u), (v), (vc), (vg), (vL), (vp), (vt), (vx), (w), (wr), (x), (xf), (xo), (xs), (xw), (xy), (y), (yb), (yf), (yk), (yo), (ys), (yw), (yy) and (z) of the statutes are repealed.

SB55-ASA1, s. 1251 Section 1251. 84.013 (3) (pe) of the statutes is created to read:

SB55-ASA1,859,4 84.013 (3) (pe) STH 17 extending approximately 3.25 miles from the intersection of STH 17 and Birchwood Drive to USH 8 approximately 0.16 miles east of Germond Road, designated as the Rhinelander relocation, in Oneida County.

SB55-ASA1, s. 1252 Section 1252. 84.013 (3) (pm) of the statutes is created to read:

SB55-ASA1,859,7 84.013 (3) (pm) STH 26 extending approximately 48 miles between I 90 in Janesville and STH 60 north of Watertown in Rock, Jefferson, and Dodge counties.

SB55-ASA1, s. 1253 Section 1253. 84.013 (3) (ps) of the statutes is created to read:

SB55-ASA1,859,11 84.013 (3) (ps) I 39/USH 51 extending approximately 8 miles from south of Fox Glove Road to north of Bridge Street, designated as the Wausau beltline, in Marathon County.

SB55-ASA1, s. 2302c Section 2302c. 84.013 (3m) (d) of the statutes is created to read:

SB55-ASA1,859,17 84.013 (3m) (d) In constructing the major highway project specified under sub. (3) (ac), the department shall construct USH 12, as designated on the effective date of this paragraph .... [revisor inserts date], between Fern Dell Road and Old Highway 33 in Sauk County to 5 lanes, and the department may not require a matching fund contribution from any city, village, town, or county for this construction.

SB55-ASA1, s. 2302e Section 2302e. 84.013 (3m) (e) of the statutes is created to read:

SB55-ASA1,859,21 84.013 (3m) (e) The major highway project specified under sub. (3) (tp) shall include an interchange, with grade separation at each interchange ramp, at the intersection of STH 57 and CTH "P" in Brown County.

SB55-ASA1, s. 2302g Section 2302g. 84.013 (3m) (f) of the statutes is created to read:

SB55-ASA1,859,25 84.013 (3m) (f) The major highway project specified under sub. (3) (ai) shall include an interchange, with grade separation at each interchange ramp, at the intersection of USH 141 and CTH "B" in Marinette County.

SB55-ASA1, s. 2302m Section 2302m. 84.013 (10) of the statutes is created to read:

SB55-ASA1,860,8 84.013 (10) By June 1, 2002, and annually thereafter, the department shall submit a report that shows the current schedule for the construction of major highway projects enumerated under sub. (3), including the projected expenditures in each fiscal year for each major highway project, to the transportation projects commission and to the chief clerk of each house of the legislature for distribution to the appropriate standing committee dealing with transportation matters in each house of the legislature.

SB55-ASA1, s. 2303b Section 2303b. 84.014 of the statutes is created to read:

SB55-ASA1,860,11 84.014 Southeast Wisconsin freeway reconstruction; Marquette interchange reconstruction project. (1) In this section:

SB55-ASA1,860,13 (a) "Interim repair" means any improvement not specified in a notice given under s. 84.01 (17) that is needed to remedy unanticipated roadway deficiencies.

SB55-ASA1,860,17 (b) "Marquette interchange" means all highways, including ramps and shoulders, encompassing I 43, I 94, and I 794 in Milwaukee County within the area bordered by 25th Street to the west, North Avenue to the north, the southern end of Burnham Canal to the south, and the Milwaukee River to the east.

SB55-ASA1,860,22 (c) "Reconstruction" means the rebuilding of highways and bridges, including improvements to enhance highway safety, design, or capacity. The term includes activities associated with such rebuilding, including design engineering, traffic mitigation, property acquisition, and utility facility relocation. The term does not include interim repairs.

SB55-ASA1,860,25 (2) Notwithstanding s. 84.013 and subject to s. 86.255, the Marquette interchange reconstruction project may be funded only from the appropriations under s. 20.395 (3) (cr), (cw), and (cy).

SB55-ASA1,861,11 (3) The department may not expend from the appropriations under s. 20.395 (3) (cr) and (cy) more than $160,643,900 in the 2001-03 fiscal biennium, or more than $45,918,500 in any fiscal year thereafter, for the Marquette interchange reconstruction project, unless the expenditure of more funds is approved or modified and approved by the joint committee on finance under sub. (5). From funds that would otherwise be expended from the appropriations under s. 20.395 (3) (cr) and (cy) for other southeast Wisconsin freeway reconstruction projects, the department may exceed the expenditure limit for the 2001-03 fiscal biennium or for a fiscal year thereafter to meet project deadlines if the department makes a reduction in subsequent allocations for the Marquette interchange reconstruction project that is equal to the amount by which the applicable expenditure limit was exceeded.

SB55-ASA1,861,14 (4) The department may transfer the funding of southeast Wisconsin freeway reconstruction projects between the appropriations for s. 20.395 (3) (cr) and (cy) to minimize project costs.

SB55-ASA1,861,17 (5) The department may not take any of the following actions unless the action is approved or modified and approved by the joint committee on finance under s. 13.101:

SB55-ASA1,861,19 (a) Transfer any funds from the appropriations under s. 20.395 (3) (cq), (cv), and (cx) to the appropriations under s. 20.395 (3) (cr), (cw), and (cy).

SB55-ASA1,861,23 (b) Except as otherwise provided in this section and 2001 Wisconsin Act .... (this act), section 9152 (5w), make any other adjustments to the appropriations under s. 20.395 (3) (cr), (cw), and (cy) or to the allocations for the Marquette interchange reconstruction project.

SB55-ASA1,862,12 (6) The department shall submit its proposed relocation assistance agreement with Aldrich Chemical Company, Inc., in the city of Milwaukee that is associated with the Marquette interchange reconstruction project to the joint committee on finance. The proposed relocation assistance agreement shall include a designation of the relative responsibilities of each party to the agreement with respect to remediation of any environmental contamination on the property. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submission that the committee has scheduled a meeting to review the proposed agreement, the department may enter into the proposed agreement. If, within 14 working days after the date of the department's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed agreement, the department may enter into the proposed agreement only upon approval of the committee.

SB55-ASA1,862,17 (7) The Marquette interchange reconstruction project shall include an interchange at the intersection of 13th Street and I 94. Notwithstanding ss. 84.29 (6) and 84.295 (7), the department shall keep the 13th Street interchange existing on the effective date of this subsection .... [revisor inserts date], open for travel during the Marquette interchange reconstruction project.

SB55-ASA1, s. 1254 Section 1254. 84.02 (8) (d) of the statutes is repealed.

SB55-ASA1, s. 2305c Section 2305c. 84.02 (15) of the statutes is created to read:

SB55-ASA1,862,21 84.02 (15) Traffic control signal emergency preemption devices. (a) In this subsection:

SB55-ASA1,862,25 1. "Additional cost" means the difference in cost between installation of a traffic control signal that is equipped with an emergency preemption device and confirmation signal and installation of a traffic control signal that is not so equipped, and includes the difference in incidental costs such as electrical wiring.

SB55-ASA1,863,2 2. "Authorized emergency vehicle" has the meaning given in s. 340.01 (3) (a), (c), (g), or (i).

SB55-ASA1,863,7 3. "Confirmation signal" means a white signal, located on or near a traffic control signal equipped with an emergency preemption device, that is designed to be visible to the operator of an approaching authorized emergency vehicle and that confirms to the operator that the emergency preemption device has received a transmission from the operator.

SB55-ASA1,863,12 4. "Emergency preemption device" means an electrical device, located on or within a traffic control signal, that is designed to receive an electronic, radio, or sonic transmission from an approaching authorized emergency vehicle that alters the normal sequence of the traffic control signal to provide or maintain a green signal for the authorized emergency vehicle to proceed through the intersection.

SB55-ASA1,863,13 5. "Political subdivision" means a county, city, village, or town.

SB55-ASA1,863,16 6. "Traffic control signal" means any electrical device by which traffic is alternately directed to stop and permitted to proceed by means of exhibiting different colored lights successively.

SB55-ASA1,863,19 (b) Before the department installs a new traffic control signal on a state trunk highway within the corporate limits of any political subdivision, the department shall do all of the following:

SB55-ASA1,863,21 1. Notify the political subdivision of the planned traffic control signal installation.

SB55-ASA1,863,23 2. Notify the political subdivision of the additional cost of equipping the traffic control signal with an emergency preemption device and confirmation signal.

SB55-ASA1,864,3 3. Provide the political subdivision with the opportunity to request that the traffic control signal be equipped with an emergency preemption device and confirmation signal.

SB55-ASA1,864,9 (c) If any political subdivision requests under par. (b) 3. that the department equip the traffic control signal with an emergency preemption device and confirmation signal, and one or more political subdivisions contributes a total of 50% of the additional cost specified under par. (b) 2., the department shall equip the traffic control signal with an emergency preemption device and confirmation signal when the department installs the traffic control signal.

SB55-ASA1,864,18 (d) Notwithstanding pars. (b) and (c), this subsection does not prohibit the department from installing on any state trunk highway, at the department's expense, any traffic control signal equipped with an emergency preemption device and confirmation signal. The department may install a new traffic control signal equipped with an emergency preemption device and confirmation signal under this paragraph without providing notice and an opportunity to respond under par. (b) to any political subdivision. The department shall install a confirmation signal with every new emergency preemption device installed by the department under this paragraph.

SB55-ASA1,864,23 (e) Any traffic control signal installed by the department on a state trunk highway after the effective date of this paragraph .... [revisor inserts date], that is not equipped with an emergency preemption device shall include all electrical wiring necessary to equip the traffic control signal with an emergency preemption device and confirmation signal.

SB55-ASA1,865,2 (f) The department shall promulgate rules to implement and administer this subsection. The rules shall include procedures and deadlines for the department's notification of political subdivisions, and for political subdivisions' requests and contributions to the department, under this subsection.

SB55-ASA1, s. 2305g Section 2305g. 84.02 (16) of the statutes is created to read:

SB55-ASA1,865,10 84.02 (16) State trunk highway report to legislature. By September 15, 2002, and biennially thereafter, the department shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committee dealing with transportation matters in each house of the legislature that provides statistics on the condition and performance of state trunk highways, including pavement smoothness and distress, geometric deficiencies, safety problems, structural and functional bridge deficiencies, and traffic congestion.

SB55-ASA1, s. 2305k Section 2305k. 84.02 (17) of the statutes is created to read:

SB55-ASA1,865,16 84.02 (17) Widening of USH 12; village of Cambridge. With respect to any reconstruction or repair of the portion of USH 12 in the village of Cambridge in Dane County, the department may not, between the effective date of this subsection .... [revisor inserts date], and December 31, 2011, widen the portion of USH 12 between the intersection of USH 12 and USH 18 and the Koshkonong Creek Bridge.

SB55-ASA1, s. 2305m Section 2305m. 84.03 (2) (b) 2. of the statutes is amended to read:

SB55-ASA1,865,22 84.03 (2) (b) 2. The secretary is required to submit a plan under subd. 1. only if the department's most recent estimate of the amount of federal funds that the department will be appropriated under s. 20.395 in the current state fiscal year is less than 95% 97% or more than 105% 103% of the amount of federal funds shown in the schedule for the appropriations under s. 20.395 in that fiscal year.

SB55-ASA1, s. 1255 Section 1255. 84.03 (3) of the statutes is created to read:

SB55-ASA1,866,6 84.03 (3) West Canal Street reconstruction project. (a) Subject to par. (b), the department shall, from the appropriations under s. 20.395 (3) (cr) and (cy), award a grant of $5,000,000 from the amounts allocated for the Marquette interchange reconstruction project under 2001 Wisconsin Act .... (this act), section 9152 (5w), and shall award grants totaling $5,000,000 from the appropriation under s. 20.395 (3) (ck), to the city of Milwaukee for reconstruction of West Canal Street in the city of Milwaukee to serve as a transportation corridor for the purpose of mitigating traffic associated with the reconstruction of the Marquette interchange.

SB55-ASA1,866,8 (b) No grant may be awarded under par. (a) unless the city of Milwaukee contributes $10,000,000 toward the West Canal Street reconstruction project.

SB55-ASA1,866,9 (c) This subsection does not apply after December 31, 2005.

SB55-ASA1, s. 1256 Section 1256. 84.03 (4) of the statutes is created to read:

SB55-ASA1,866,16 84.03 (4) Park East Freeway corridor cost sharing. (a) The maximum state share of costs for the project for the demolition of the Park East Freeway corridor in Milwaukee County, as provided in an agreement entered into on April 20, 1999, between the city of Milwaukee, Milwaukee County, and the state, shall be $8,000,000, of which $6,800,000 shall be federal interstate cost estimate funds received by the state.

SB55-ASA1,866,20 (b) The local share of costs of the project described in par. (a) shall be not less than the amount of $17,000,000 provided for in the agreement specified under par. (a), of which $14,450,000 shall be federal interstate cost estimate funds received by the city or county.

SB55-ASA1, s. 2307k Section 2307k. 84.1033 of the statutes is created to read:

SB55-ASA1,867,2 84.1033 Leo Frigo Memorial Bridge. Not later than June 30, 2003, the department shall designate and mark the bridge on I 43 across the Fox River in the city of Green Bay as the "Leo Frigo Memorial Bridge" in recognition and appreciation of Leo Frigo, a civic and philanthropic leader in the Green Bay area whose legacy includes one of the largest food pantry programs in the nation for feeding the hungry.

SB55-ASA1, s. 2307r Section 2307r. 84.1041 of the statutes is created to read:

SB55-ASA1,867,7 84.1041 Gateway to the North Bridge. Not later than June 30, 2003, the department shall designate and mark the bridge on USH 45 across the south branch of the Embarrass River in the village of Tigerton in Shawano County as the "Gateway to the North" to serve as a welcome to visitors to the northern part of this state.

SB55-ASA1, s. 2308h Section 2308h. 84.185 (6m) of the statutes is amended to read:

SB55-ASA1,867,23 84.185 (6m) Administration. From the appropriations under s. 20.395 (2) (iq), (iv), and (ix), upon the approval of the secretary under sub. (2), the department may make improvements to or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 1. to 3. or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 4. or 5. The department may not allocate more than 80% of the total funds appropriated under s. 20.395 (2) (iq) and (iw) in fiscal year 2002-03, and in any fiscal year thereafter, for grants under this section. The department may make loans from the appropriations under s. 20.395 (2) (iq) and (iw) for the improvement of a transportation facility. The state share of costs for the improvement of a transportation facility, including any loans made under this subsection for the improvement of the transportation facility, may not exceed 50% of the cost of the improvement. The department shall give priority to funding applications for which the applicant has indicated a willingness to accept a loan made under this subsection for all or part of the state share of costs for the improvement of the transportation facility.

SB55-ASA1, s. 2308m Section 2308m. 84.205 of the statutes is created to read:

SB55-ASA1,868,3 84.205 Claims arising from repair and maintenance of state trunk highways. (1) In this section, "political subdivision" means a city, village, town, or county.

SB55-ASA1,868,14 (2) From funds appropriated and available to the department under s. 20.395 (3), the department shall pay, in whole or in part, any claims submitted to the department by a political subdivision, on a form prescribed by the department, for damage to any gravel road maintained by the political subdivision that is determined by the department to be caused by reason of the road's use as a detour incident to the maintenance, repair, or construction by the department of any state trunk highway, if the gravel road is not part of a detour route designated by the department. The political subdivision shall include with the claim a description of the nature and cause of the alleged damage, the asserted value of the claim, and all known evidence in support of the claim. In making its determination after submittal of the claim, the department shall consider each of the following factors:

SB55-ASA1,868,15 (a) The condition of the gravel road at the time the claim was submitted.