2003 Wisconsin Act 33

84.11 (4) Finding, determination, and order. After such hearing the department shall make such investigation as it considers necessary in order to make a decision in the matter. If the department finds that the construction is necessary it shall determine the location of the project and whether the project is eligible for construction under this section. The department shall also determine the character and kind of bridge most suitable for such location and estimate separately the cost of the bridge portion and the entire project. The department shall make its finding, determination, and order, in writing, and file a certified copy thereof with the clerk of each county, city, village, and town in which any portion of the bridge project will be located and also with the secretary of state and the state treasurer secretary of administration. The determination of the location of the project made by the department and set forth in its finding, determination, and order, shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of highways made necessary for the construction of the project and for acquirement of any lands necessary for such streets or highways, relocation or construction. The estimate of cost made by the department shall be conclusive insofar as cost may determine eligibility of construction under this section.

33,1687 Section 1687. 84.12 (4) of the statutes is amended to read:

84.12 (4) Finding, determination, and order. If the department finds that the construction is necessary, and that provision has been made or will be made by the adjoining state or its subdivisions to bear its or their portions of the cost of the project, the department, in cooperation with the state highway department of the adjoining state, shall determine the location thereof, the character and kind of bridge and other construction most suitable at such location, estimate the cost of the project, and determine the respective portions of the estimated cost to be paid by each state and its subdivisions. In the case of projects eligible to construction under sub. (1) (a) the department shall further determine the respective portions of the cost to be paid by this state and by its subdivisions which are required to pay portions of the cost. The department, after such hearing, investigation, and negotiations, shall make its finding, determination, and order in writing and file a certified copy thereof with the clerk of each county, city, village, or town in this state in which any part of the bridge project will be located, with the secretary of state, and the state treasurer secretary of administration and with the state highway department of the adjoining state. The determination of the location set forth in the finding, determination, and order of the department shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of the highways made necessary for the construction of the project and for acquiring lands necessary for such streets or highways, relocation or construction.

33,1694f Section 1694f. 84.555 (1m) of the statutes is created to read:

84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the Marquette interchange reconstruction project under s. 84.014 may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) if all of the following conditions are satisfied:

(a) Funds allocated under s. 20.395 (3) (cr) and (cy), other than funds transferred under s. 84.014 (4) (b) or (c), for the Marquette interchange reconstruction project for the fiscal year in which the bonds are issued are not sufficient to meet expenditure obligations for the project in that fiscal year and the bond issuance results in an amount of bond proceeds in that fiscal year that does not exceed the difference between the expenditure obligations for the project in that fiscal year and the amount of funds allocated under s. 20.395 (3) (cr) and (cy), other than funds transferred under s. 84. 014 (4) (b) or (c), for the project for that fiscal year.

(b) No payment of principal and interest on the bonds is required after June 30, 2009.

(c) The department has expended or encumbered all funds allocated under s. 20.395 (3) (cr) and (cy), other than funds transferred under s. 84.014 (4) (b) or (c), for the Marquette interchange reconstruction project for the fiscal year in which the bonds are issued, has maximized the use of any other state or federal funds available for the project in that fiscal year, and has exhausted other viable options for funding expenditure obligations for the project in that fiscal year by means other than the issuance of bonds under s. 20.866 (2) (uum) .

33,1696 Section 1696. 84.59 (2) of the statutes is renumbered 84.59 (2) (a).

33,1697 Section 1697. 84.59 (2) (b) of the statutes is created to read:

84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), (4), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r). The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

33,1698 Section 1698. 84.59 (3) of the statutes is amended to read:

84.59 (3) The secretary may pledge revenues received or to be received in the any fund established in under sub. (2) to secure revenue obligations issued under this section. The pledge shall provide for the transfer to this state of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.395 (6) (as). The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the transportation fund and that the transferred amounts are free of any prior pledge.

33,1699 Section 1699. 84.59 (6) of the statutes is amended to read:

84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $1,753,067,500 $2,095,583,900, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

33,1699q Section 1699q. 84. 595 of the statutes is created to read:

84. 595 General obligation bonding for major highway and rehabilitation projects. (1) Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uur).

(2) Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq) , may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut) .

33,1701m Section 1701m. 85.027 of the statutes is created to read:

85.027 Traffic marking enhancement grants. (1) Administration. Subject to 2003 Wisconsin Act .... (this act), section 9153 (4q), the department shall administer a program to provide grants to local units of government for the installation of traffic marking enhancements with the intent of improving visibility for elderly drivers and pedestrians. The enhancements may include pavement markings for center lines, lane lines, edge lines, lane-use arrows, and cross walks that are brighter or more reflective than the markings that are typically used, traffic signs with enhanced reflectivity and with larger letters than are typically used, redundant street name signs in advance of intersections, and overhead mounted street name signs at major intersections.

(2) Grants. (a) A local unit of government that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the total estimated cost of the project for which moneys are awarded under this section.

(b) The department shall award grants annually to at least one project in each of the following:

1. An urban area.

2. A suburban area.

3. A rural area.

(c) The department shall consider the following in awarding a grant for a proposed project:

1. The crash history of the proposed project area.

2. The prevalence of older drivers and pedestrians in the area of the proposed project.

3. The extent to which the proposed improvements would produce demonstrable benefits.

4. Whether a project is proposed cooperatively by more than one local unit of government and coordinates improvements on highways in more than one jurisdiction. The department shall favor cooperative projects.

5. The geographic distribution of all of the projects that are awarded grants. The department shall distribute projects throughout the state.

(d) The department shall award grants under this section from the appropriation under s. 20.395 (2) (ev).

33,1702 Section 1702. 85.062 (1) (c) of the statutes is created to read:

85.062 (1) (c) Initial construction or expansion of a commuter rail transit system. In this paragraph, "commuter rail" has the meaning given in s. 85.064 (1) (a).

33,1703 Section 1703. 85.064 of the statutes is created to read:

85.064 Commuter rail transit system development. (1) In this section:

(a) "Commuter rail" means rail passenger service, operating primarily on a dedicated right-of-way on existing railroad tracks used for rail freight service or intercity rail passenger service between and within metropolitan and suburban areas, connecting these areas with large business or urban centers in this state or another. Commuter rail usually operates during peak travel times with limited stops and in conjunction with other transit modes as part of a regional transit system. "Commuter rail" does not include rail passenger service provided by a light rail transit system.

(b) "Political subdivision" means any city, village, town, county, transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or regional transportation authority organized under s. 59.58 (6) within this state.

(2) (a) The department shall administer a commuter rail transit system development grant program. From the appropriations under s. 20.395 (2) (ct), (cu), and (cx), the department may award grants to political subdivisions for preliminary engineering related to the development or extension of commuter rail transit systems in this state.

(b) Upon completion of a planning study to the satisfaction of the department, any political subdivision may apply to the department for a grant for the purpose specified in par. (a). No grant may be awarded under this section for a project unless the project meets the eligibility criteria established by the department under sub. (3).

(c) The amount of a grant awarded under this section shall be limited to an amount equal to 50% of the portion of the project cost in excess of the federal aid funding for the project or 25% of the total project cost, whichever is less.

(3) The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this section and shall establish criteria for evaluating applications and determining eligibility for the award of grants under this section.

(4) No grant may be awarded under this section for any project related to the planning, initial construction, or expansion of a light rail transit system.

33,1704 Section 1704. 85.09 (2) (a) of the statutes is amended to read:

85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located thereon, which on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05. In addition to its property management authority under s. 85.15, the department of transportation may lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. In exercising its property management authority, the department of transportation, to the greatest extent practicable, shall encourage and utilize the Wisconsin conservation corps for appropriate projects. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

33,1705 Section 1705. 85.09 (4i) of the statutes is amended to read:

85.09 (4i) Disposal of rail property. The department shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 16.375 560.9810 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under s. 20.395 (2) (bq).

33,1706 Section 1706. 85.12 (3) of the statutes is amended to read:

85.12 (3) The department may contract with any local governmental unit, as defined in s. 22.01 16.97 (7), to provide that local governmental unit with services under this section.

33,1707 Section 1707. 85.14 (1) (b) of the statutes is amended to read:

85.14 (1) (b) Except for charges associated with a contract under par. (c), the department shall pay to the state treasurer secretary of administration the amount of charges associated with the use of credit cards under par. (a) that are assessed to the department.

33,1708 Section 1708. 85.14 (2) of the statutes is amended to read:

85.14 (2) The department shall certify to the state treasurer secretary of administration the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the state treasurer secretary of administration shall pay the charges from moneys under s. 59.25 (3) (j) and (k) that are reserved for payment of the charges under s. 14.58 (21) 20.907 (5) (e) 12e.

33,1709 Section 1709. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

85.20 (4m) (a) 6. cm. For aid payable for calendar years 2000 and 2001, from the appropriation under s. 20.395 (1) (ht), the department shall pay $53,555,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (ht), the department shall pay $55,697,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. Beginning with For aid payable for calendar year 2003 and for each calendar year thereafter, from the appropriation under s. 20.395 (1) (ht), the department shall pay $56,811,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

33,1710 Section 1710. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

85.20 (4m) (a) 6. d. For aid payable for calendar years 2000 and 2001, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,297,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,869,500 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. Beginning with For aid payable for calendar year 2003 and for each calendar year thereafter, from the appropriation under s. 20.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

33,1711 Section 1711. 85.20 (4m) (a) 7. a. of the statutes is amended to read:

85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr), for aid payable for calendar year 2001, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 1990 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6. From the appropriation under s. 20.395 (1) (hr), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2000 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.

33,1712 Section 1712. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $19,804,200 in calendar years 2000 and 2001, $20,596,400 in calendar year 2002, and $21,008,300 $21,008,300 in calendar year 2003, and $21,757,600 in calendar year 2004 and in each calendar year thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

33,1713 Section 1713. 85.20 (4m) (a) 8. a. of the statutes is amended to read:

85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs), for aid payable for calendar year 2001, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 1990 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area. From the appropriation under s. 20.395 (1) (hs), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2000 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.

33,1714 Section 1714. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,349,100 in calendar years 2000 and 2001, $5,563,100 in calendar year 2002, and $5,674,400 $5,674,400 in calendar year 2003, and $4,925,100 in calendar year 2004 and in each calendar year thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

33,1715 Section 1715. 85.55 of the statutes is amended to read:

85.55 Safe-ride grant program. The department may award grants to any county or municipality or to any nonprofit corporation, as defined in s. 46.93 (1m) (c) 66.0129 (6) (b), to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. The liability of a provider of a safe-ride program to persons transported under the program is limited to the amounts required for an automobile liability policy under s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (ek).

33,1719 Section 1719. 86.30 (2) (a) 1. of the statutes is amended to read:

86.30 (2) (a) 1. Except as provided in pars. (b), (d) and (dm), sub. (10) and s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under subd. 2. and to each municipality shall be the aids amount calculated under subd. 2. or 3., whichever is greater. If the amounts calculated for a municipality under subd. 2. or 3. are the same, transportation aids to that municipality shall be paid under subd. 2.

33,1720 Section 1720. 86.30 (2) (a) 3. of the statutes is amended to read:

86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $1,704 in calendar year 2001, $1,755 in calendar year 2002, and $1,825 in calendar year 2003 and thereafter.

33,1721 Section 1721. 86.30 (9) (b) of the statutes is amended to read:

86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $84,059,500 in calendar years 2000 and 2001, $86,581,300 in calendar year 2002, and $90,044,600 in calendar year 2003 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

33,1722 Section 1722. 86.30 (9) (c) of the statutes is amended to read:

86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $264,461,500 in calendar years 2000 and 2001, $272,395,300 in calendar year 2002, and $283,291,100 in calendar year 2003 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

33,1723 Section 1723. 86.30 (10) of the statutes is repealed.

33,1723m Section 1723m. 86.31 (2) (e) of the statutes is amended to read:

86.31 (2) (e) The department of transportation may not require as a condition of reimbursement that the design and construction of any improvement with eligible costs totaling $50,000 $65,000 or less be certified by a registered professional engineer.

33,1724 Section 1724. 86.31 (3s) of the statutes is amended to read:

86.31 (3s) West Canal Street reconstruction and extension. Notwithstanding limitations on the amount and use of aids provided under this section, or on eligibility requirements for receiving aids under this section, and subject to s. 84.03 (3) (b), the department shall award a grant of $2,500,000 to the city of Milwaukee for the purpose purposes specified under s. 84.03 (3) (a). Notwithstanding subs. (3) (b), (3g), (3m), and (3r), payment of the grant under this subsection shall be made from the appropriation under s. 20.395 (2) (fr) before making any other allocation of funds under subs. (3) (b), (3g), (3m), and (3r), and the allocation of funds under subs. (3) (b), (3g), (3m), and (3r) shall be reduced proportionately to reflect the amount of the grant made under this subsection. This subsection does not apply after December 31, 2005.

33,1725 Section 1725. 87.07 (4) of the statutes is amended to read:

87.07 (4) Benefits and costs decisive. If the aggregate of the amounts collectible, as thus found by the department, exceeds the estimated cost of construction of the improvement, the department shall order that the work of constructing such improvement proceed. If such aggregate amount collectible is less than the estimated cost of such improvement, the department shall enter an order dismissing the petition, unless the difference between said aggregate amounts be deposited in cash with the state treasurer secretary of administration within one year. Such deposit may be made by any person or any public or private corporation. Upon the making of such deposit, the department shall enter a further order that the work of constructing the improvement proceed.

33,1726 Section 1726. 87.11 (2) of the statutes is amended to read:

87.11 (2) But should the total cost, as ascertained and certified by the flood control board after the letting of the contracts, in the manner hereinabove set forth, exceed the total amount found by the department to be collectible under s. 87.09, all contracts for the construction of the work shall be null and void. At the expiration of one year after such certification, any moneys held by the state treasurer secretary of administration on account of the project shall be refunded to the persons by whom they were paid to such treasurer the secretary of administration; and funds in the hands of the flood control board shall be refunded to the public corporation by which they were paid to such board; any funds held by any town, village, or city, having been collected by special assessments against property benefited, shall be refunded to the owners of such property; any funds raised by any public corporation by the issuance of bonds on account of such proposed improvements shall constitute a fund for the retirement or payment of such bonds; and any fund held by any public corporation, having been raised otherwise than by special assessments or bond issues, shall be available for the general purposes of such public corporation. Provided, however, that if within one year after the last mentioned certification of the flood control board there shall be deposited with the treasurer of said board a sum equal to the difference between the aggregate cost of constructing the improvement as estimated by the department and the aggregate cost thereof as determined and certified by the flood control board after the letting of the contracts, said board shall proceed to relet the contracts for the construction of the improvement and to complete the same unless the aggregate of such new contract prices, together with the department's estimate of the cost of acquiring lands and of overhead expenses and of the first 18 months' operation and maintenance, shall again exceed the amount found by the department to be collectible under s. 87.09. The deposit herein referred to may be made by any person or any public or private corporation.

33,1727 Section 1727. 87.13 of the statutes is amended to read:

87.13 Disbursements by board. All sums which shall be deposited with the state treasurer secretary of administration under s. 87.07 (4) for the construction of the improvement shall be paid by said treasurer the secretary of administration to the flood control board upon requisitions from said board. If any moneys, other than those for operation and maintenance during the first 18 months, remain unexpended in the hands of the flood control board or subject to their requisition after the completion of the construction of the improvement, and if the funds for construction of the improvement shall have been in part raised through voluntary contributions under s. 87.07 (4) or 87.11 (2), the amounts thus contributed, or such proportion thereof as the funds remaining in the hands of the board or subject to its requisition will pay, shall be returned to the persons or corporations who made such voluntary contributions, in proportion to the amounts contributed by them.

33,1731 Section 1731. 91.19 (6s) (a) (intro.) of the statutes is amended to read:

91.19 (6s) (a) (intro.) The department may release from a farmland preservation agreement any land acquired or to be acquired by a local unit of government a school board or the governing body of a municipality, as defined in s. 106.215 (1) (e) 281.59 (1) (c), for public improvements or structures, including highway improvements, if all of the following occur:

33,1731ec Section 1731ec. 91.19 (7) of the statutes is amended to read: