SB44,739,222
84.30
(6) (b) Signs lawfully in existence on land adjoining any highway made
23an interstate or primary highway after March 18, 1972
, or on land adjoining that
24portion of an interstate or primary highway designated by the department as a scenic
1byway under s. 84.106 after the effective date of this paragraph .... [revisor inserts
2date].
SB44, s. 1695
3Section
1695. 84.59 (1) of the statutes is amended to read:
SB44,739,104
84.59
(1) Transportation facilities under s. 84.01 (28)
and, major highway
5projects as defined under s. 84.013 (1) (a) for the purposes under ss. 84.06 and 84.09
,
6state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq)
7and the purposes under ss. 84.06 and 84.09, and the Marquette interchange
8reconstruction project under s. 84.014 for the purposes under ss. 84.06 and 84.09 may
9be funded with the proceeds of revenue obligations issued subject to and in
10accordance with subch. II of ch. 18.
SB44, s. 1696
11Section
1696. 84.59 (2) of the statutes is renumbered 84.59 (2) (a).
SB44, s. 1697
12Section
1697. 84.59 (2) (b) of the statutes is created to read:
SB44,739,2513
84.59
(2) (b) The department may, under s. 18.562, deposit in a separate and
14distinct special fund outside the state treasury, in an account maintained by a
15trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2),
16(2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2),
17and (2m), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am),
18(3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2)
19(b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), and 342.14, except s. 342.14 (1r). The
20revenues deposited are the trustee's revenues in accordance with the agreement
21between this state and the trustee or in accordance with the resolution pledging the
22revenues to the repayment of revenue obligations issued under this section. Revenue
23obligations issued for the purposes specified in sub. (1) and deposited under this
24paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special
25fund programs, as defined in s. 18.52 (8).
SB44, s. 1698
1Section
1698. 84.59 (3) of the statutes is amended to read:
SB44,740,92
84.59
(3) The secretary may pledge revenues received or to be received in
the 3any fund established
in under sub. (2) to secure revenue obligations issued under this
4section. The pledge shall provide for the transfer to this state of all pledged revenues,
5including any interest earned on the revenues, which are in excess of the amounts
6required to be paid under s. 20.395 (6) (as). The pledge shall provide that the
7transfers be made at least twice yearly, that the transferred amounts be deposited
8in the transportation fund and that the transferred amounts are free of any prior
9pledge.
SB44, s. 1699
10Section
1699. 84.59 (6) of the statutes is amended to read:
SB44,741,211
84.59
(6) The building commission may contract revenue obligations when it
12reasonably appears to the building commission that all obligations incurred under
13this section can be fully paid from moneys received or anticipated and pledged to be
14received on a timely basis. Except as provided in this subsection, the principal
15amount of revenue obligations issued under this section may not exceed
16$1,753,067,500 $2,916,403,000, excluding any obligations that have been defeased
17under a cash optimization program administered by the building commission, to be
18used for transportation facilities under s. 84.01 (28)
and
, major highway projects for
19the purposes under ss. 84.06 and 84.09
, state highway rehabilitation projects for the
20purposes specified in s. 20.395 (3) (cq) and the purposes under ss. 84.06 and 84.09,
21and the Marquette interchange reconstruction project under s. 84.014 for the
22purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
23amount, the building commission may contract revenue obligations under this
24section as the building commission determines is desirable to refund outstanding
1revenue obligations contracted under this section and to pay expenses associated
2with revenue obligations contracted under this section.
SB44, s. 1700
3Section
1700. 85.013 (2) (b) (intro.) of the statutes is amended to read:
SB44,741,64
85.013
(2) (b) (intro.) Any hearing under s. 227.42 shall be held before the
office
5of the commissioner of tax appeals
commission under s. 73.01 if the hearing concerns
6an additional assessment, refund or denial of refund under any of the following:
SB44, s. 1701
7Section
1701. 85.013 (3) of the statutes is created to read:
SB44,741,168
85.013
(3) The division of hearings and appeals shall, in conducting any
9hearing or review for the department under s. 227.43 (1) (bk), give due weight to the
10experience, technical competence, and specialized knowledge of the department as
11well as discretionary authority conferred upon the department, and great weight to
12the department's interpretation of the statutes that it administers and rules
13promulgated under those statutes. If there is a conflict between this subsection and
14any other statute relating to any hearing or review conducted by the division of
15hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of
16this subsection control.
SB44, s. 1702
17Section
1702. 85.062 (1) (c) of the statutes is created to read:
SB44,741,2018
85.062
(1) (c) Initial construction or expansion of a commuter rail transit
19system. In this paragraph, "commuter rail" has the meaning given in s. 85.064 (1)
20(a).
SB44, s. 1703
21Section
1703. 85.064 of the statutes is created to read:
SB44,741,22
2285.064 Commuter rail transit system development. (1) In this section:
SB44,742,323
(a) "Commuter rail" means rail passenger service, operating primarily on a
24dedicated right-of-way on existing railroad tracks used for rail freight service or
25intercity rail passenger service between and within metropolitan and suburban
1areas, connecting these areas with large business or urban centers in this state or
2another. Commuter rail usually operates during peak travel times with limited stops
3and in conjunction with other transit modes as part of a regional transit system.
SB44,742,64
(b) "Political subdivision" means any city, village, town, county, transit
5commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301,
6or regional transportation authority organized under s. 59.58 (6) within this state.
SB44,742,12
7(2) (a) The department shall administer a commuter rail transit system
8development grant program. From the appropriations under s. 20.395 (1) (dq), (dv),
9and (dx), the department may award grants to political subdivisions for preliminary
10engineering, property acquisition, equipment acquisition, and infrastructure
11construction projects related to the development or extension of commuter rail
12transit systems in this state.
SB44,742,1613
(b) Upon completion of a planning study to the satisfaction of the department,
14any political subdivision may apply to the department for a grant for any purpose
15specified in par. (a). No grant may be awarded under this section for a project unless
16the project meets the eligibility criteria established by the department under sub. (3).
SB44,742,2217
(c) The amount of a grant awarded under this section shall be limited to an
18amount equal to 50% of the portion of the project cost in excess of the federal aid
19funding for the project or 25% of the total project cost, whichever is less. No grant
20may be awarded under this section for a project involving the acquisition of property
21or equipment or infrastructure construction unless the political subdivision
22contributes funds for the project that at least equal 20% of the total project cost.
SB44,743,2
23(3) The department shall prescribe the form, nature, and extent of information
24that shall be contained in applications for grants under this section and shall
1establish criteria for evaluating applications and determining eligibility for the
2award of grants under this section.
SB44, s. 1704
3Section
1704. 85.09 (2) (a) of the statutes is amended to read:
SB44,744,74
85.09
(2) (a) The department of transportation shall have the first right to
5acquire, for present or future transportational or recreational purposes, any
6property used in operating a railroad or railway, including land and rails, ties,
7switches, trestles, bridges
, and the like located
thereon, which on that property, that 8has been abandoned. The department of transportation may, in connection with
9abandoned rail property, assign this right to a state agency, the board of regents of
10the University of Wisconsin System, any county or municipality
, or any transit
11commission. Acquisition by the department of transportation may be by gift,
12purchase
, or condemnation in accordance with the procedure under s. 32.05. In
13addition to its property management authority under s. 85.15, the department of
14transportation may lease and collect rents and fees for any use of rail property
15pending discharge of the department's duty to convey property that is not necessary
16for a public purpose.
In exercising its property management authority, the
17department of transportation, to the greatest extent practicable, shall encourage and
18utilize the Wisconsin conservation corps for appropriate projects. No person owning
19abandoned rail property, including any person to whom ownership reverts upon
20abandonment, may convey or dispose of any abandoned rail property without first
21obtaining a written release from the department of transportation indicating that
22the first right of acquisition under this subsection will not be exercised or assigned.
23No railroad or railway may convey any rail property prior to abandonment if the rail
24property is part of a rail line shown on the railroad's system map as in the process
25of abandonment, expected to be abandoned
, or under study for possible
1abandonment unless the conveyance or disposal is for the purpose of providing
2continued rail service under another company or agency. Any conveyance made
3without obtaining such release is void. The first right of acquisition of the
4department of transportation under this subsection does not apply to any rail
5property declared by the department to be abandoned before January 1, 1977. The
6department of transportation may acquire any abandoned rail property under this
7section regardless of the date of its abandonment.
SB44, s. 1705
8Section
1705. 85.09 (4i) of the statutes is amended to read:
SB44,744,179
85.09
(4i) Disposal of rail property. The department shall sell at public or
10private sale rail property acquired under sub. (4) when the department determines
11that the rail property is not necessary for a public purpose and, if real property, the
12real property is not the subject of a petition under s.
16.375 560.9810 (2). Upon
13receipt of the full purchase price, the department shall, by appropriate deed or other
14instrument, transfer the rail property to the purchaser. The funds derived from sales
15under this subsection shall be deposited in the transportation fund, and the expense
16incurred by the department in connection with the sale shall be paid from the
17appropriation under s. 20.395 (2) (bq).
SB44, s. 1706
18Section
1706. 85.12 (3) of the statutes is amended to read:
SB44,744,2119
85.12
(3) The department may contract with any local governmental unit, as
20defined in s.
22.01 16.97 (7), to provide that local governmental unit with services
21under this section.
SB44, s. 1707
22Section
1707. 85.14 (1) (b) of the statutes is amended to read:
SB44,745,223
85.14
(1) (b) Except for charges associated with a contract under par. (c), the
24department shall pay to the
state treasurer secretary of administration the amount
1of charges associated with the use of credit cards under par. (a) that are assessed to
2the department.
SB44, s. 1708
3Section
1708. 85.14 (2) of the statutes is amended to read:
SB44,745,104
85.14
(2) The department shall certify to the
state treasurer secretary of
5administration the amount of charges associated with the use of credit cards that is
6assessed to the department on deposits accepted under s. 345.26 (3) (a) by state
7traffic patrol officers and state motor vehicle inspectors, and the
state treasurer 8secretary of administration shall pay the charges from moneys under s. 59.25 (3) (j)
9and (k) that are reserved for payment of the charges under s.
14.58 (21) 20.907 (5)
10(e) 12e.
SB44, s. 1709
11Section
1709. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
SB44,746,1012
85.20
(4m) (a) 6. cm.
For aid payable for calendar years 2000 and 2001, from
13the appropriation under s. 20.395 (1) (ht), the department shall pay $53,555,600 to
14the eligible applicant that pays the local contribution required under par. (b) 1. for
15an urban mass transit system that has annual operating expenses in excess of
16$80,000,000. For aid payable for calendar year 2002, from the appropriation under
17s. 20.395 (1) (ht), the department shall pay $55,697,800 to the eligible applicant that
18pays the local contribution required under par. (b) 1. for an urban mass transit
19system that has annual operating expenses in excess of $80,000,000.
Beginning with 20For aid payable for calendar year 2003
and for each calendar year thereafter, from
21the appropriation under s. 20.395 (1) (ht), the department shall pay $56,811,800 to
22the eligible applicant that pays the local contribution required under par. (b) 1. for
23an urban mass transit system that has annual operating expenses in excess of
24$80,000,000.
For aid payable for calendar year 2004, from the appropriation under
25s. 20.395 (1) (ht), the department shall pay $58,192,000 to the eligible applicant that
1pays the local contribution required under par. (b) 1. for an urban mass transit
2system that has annual operating expenses in excess of $80,000,000. Beginning with
3aid payable for calendar year 2005 and for each calendar year thereafter, from the
4appropriation under s. 20.395 (1) (ht), the department shall pay $59,572,900 to the
5eligible applicant that pays the local contribution required under par. (b) 1. for an
6urban mass transit system that has annual operating expenses in excess of
7$80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is
8served by more than one urban mass transit system, the eligible applicant may
9allocate the aid between the urban mass transit systems in any manner the eligible
10applicant considers desirable.
SB44, s. 1710
11Section
1710. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
SB44,747,1112
85.20
(4m) (a) 6. d.
For aid payable for calendar years 2000 and 2001, from the
13appropriation under s. 20.395 (1) (hu), the department shall pay $14,297,600 to the
14eligible applicant that pays the local contribution required under par. (b) 1. for an
15urban mass transit system that has annual operating expenses in excess of
16$20,000,000 but less than $80,000,000. For aid payable for calendar year 2002, from
17the appropriation under s. 20.395 (1) (hu), the department shall pay $14,869,500 to
18the eligible applicant that pays the local contribution required under par. (b) 1. for
19an urban mass transit system that has annual operating expenses in excess of
20$20,000,000 but less than $80,000,000.
Beginning with
For aid payable for calendar
21year 2003
and for each calendar year thereafter, from the appropriation under s.
2220.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that
23pays the local contribution required under par. (b) 1. for an urban mass transit
24system that has annual operating expenses in excess of $20,000,000 but less than
25$80,000,000.
For aid payable for calendar year 2004, from the appropriation under
1s. 20.395 (1) (hu), the department shall pay $15,536,600 to the eligible applicant that
2pays the local contribution required under par. (b) 1. for an urban mass transit
3system that has annual operating expenses in excess of $20,000,000 but less than
4$80,000,000. Beginning with aid payable for calendar year 2005 and for each
5calendar year thereafter, from the appropriation under s. 20.395 (1) (hu), the
6department shall pay $15,908,200 to the eligible applicant that pays the local
7contribution required under par. (b) 1. for an urban mass transit system that has
8annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the
9eligible applicant that receives aid under this subd. 6. d. is served by more than one
10urban mass transit system, the eligible applicant may allocate the aid between the
11urban mass transit systems in any manner the eligible applicant considers desirable.
SB44, s. 1711
12Section
1711. 85.20 (4m) (a) 7. a. of the statutes is amended to read:
SB44,747,2313
85.20
(4m) (a) 7. a.
From the appropriation under s. 20.395 (1) (hr), for aid
14payable for calendar year 2001, the uniform percentage for each eligible applicant
15served by an urban mass transit system operating within an urbanized area having
16a population as shown in the 1990 federal decennial census of at least 50,000 or
17receiving federal mass transit aid for such area, and not specified in subd. 6. From
18the appropriation under s. 20.395 (1) (hr), beginning with aid payable for calendar
19year 2002 and for each calendar year thereafter, the uniform percentage for each
20eligible applicant served by an urban mass transit system operating within an
21urbanized area having a population as shown in the 2000 federal decennial census
22of at least 50,000 or receiving federal mass transit aid for such area, and not specified
23in subd. 6.
SB44, s. 1712
24Section
1712. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
SB44,748,6
185.20
(4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the
2amounts for aids are
$19,804,200 in calendar years 2000 and 2001, $20,596,400 in
3calendar year 2002,
and $21,008,300 $21,008,300 in calendar year 2003
, $21,555,300
4in calendar year 2004, and $22,133,700 in calendar year 2005 and in each calendar
5year thereafter. These amounts, to the extent practicable, shall be used to determine
6the uniform percentage in the particular calendar year.
SB44, s. 1713
7Section
1713. 85.20 (4m) (a) 8. a. of the statutes is amended to read:
SB44,748,178
85.20
(4m) (a) 8. a.
From the appropriation under s. 20.395 (1) (hs), for aid
9payable for calendar year 2001, the uniform percentage for each eligible applicant
10served by an urban mass transit system operating within an area having a
11population as shown in the 1990 federal decennial census of less than 50,000 or
12receiving federal mass transit aid for such area. From the appropriation under s.
1320.395 (1) (hs), beginning with aid payable for calendar year 2002 and for each
14calendar year thereafter, the uniform percentage for each eligible applicant served
15by an urban mass transit system operating within an area having a population as
16shown in the 2000 federal decennial census of less than 50,000 or receiving federal
17mass transit aid for such area.
SB44, s. 1714
18Section
1714. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
SB44,748,2419
85.20
(4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the
20amounts for aids are
$5,349,100 in calendar years 2000 and 2001, $5,563,100 in
21calendar year 2002,
and $5,674,400 $5,674,400 in calendar year 2003
, $5,844,100 in
22calendar year 2004, and $6,041,400 in calendar year 2005 and in each calendar year
23thereafter. These amounts, to the extent practicable, shall be used to determine the
24uniform percentage in the particular calendar year.
SB44, s. 1715
25Section
1715. 85.55 of the statutes is amended to read:
SB44,749,10
185.55 Safe-ride grant program. The department may award grants to any
2county or municipality or to any nonprofit corporation, as defined in s.
46.93 (1m) (c) 366.0129 (6) (b), to cover the costs of transporting persons suspected of having a
4prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises
5licensed under ch. 125 to sell alcohol beverages to their places of residence. The
6amount of a grant under this section may not exceed 50% of the costs necessary to
7provide the service. The liability of a provider of a safe-ride program to persons
8transported under the program is limited to the amounts required for an automobile
9liability policy under s. 344.15 (1). Grants awarded under this section shall be paid
10from the appropriation under s. 20.395 (5) (ek).
SB44, s. 1716
11Section
1716. 86.001 (2m) of the statutes is repealed.
SB44, s. 1717
12Section
1717. 86.12 (2) of the statutes is amended to read:
SB44,749,1913
86.12
(2) If a railroad company fails to comply with the resolution in sub. (1)
14within 30 days after service of the resolution, the county board, common council,
15village board or town board may file a complaint with the
office department alleging
16the failure. The
office department shall investigate and determine the matter in
17controversy
as provided in ch. 195. An order issued by the office under this
18subsection has the same effect as an order in a proceeding brought under ch. 195, and
19may issue an appropriate order.
SB44, s. 1718
20Section
1718. 86.13 (3) of the statutes is amended to read:
SB44,750,421
86.13
(3) If any railroad company fails to grade, construct, pave, surface or
22otherwise improve or maintain in good and safe condition for public travel as
23required by this section any street or highway crossing after having been notified so
24to do by the officer in charge thereof or of the highway improvement for 30 days after
25such notification, the highway authorities may file a complaint with the
office
1department. The
office
department shall investigate and determine the matter in
2controversy
as provided in ch. 195. An order issued by the office under this
3subsection has the same effect as an order in a proceeding brought under ch. 195, and
4may issue an appropriate order.
SB44, s. 1719
5Section
1719. 86.30 (2) (a) 1. of the statutes is amended to read:
SB44,750,116
86.30
(2) (a) 1. Except as provided in pars. (b), (d) and (dm)
, sub. (10) and s.
786.303, the amount of transportation aids payable by the department to each county
8shall be the aids amount calculated under subd. 2. and to each municipality shall be
9the aids amount calculated under subd. 2. or 3., whichever is greater. If the amounts
10calculated for a municipality under subd. 2. or 3. are the same, transportation aids
11to that municipality shall be paid under subd. 2.
SB44, s. 1720
12Section
1720. 86.30 (2) (a) 3. of the statutes is amended to read:
SB44,750,1613
86.30
(2) (a) 3. For each mile of road or street under the jurisdiction of a
14municipality as determined under s. 86.302, the mileage aid payment shall be
$1,704 15in calendar year 2001, $1,755 in calendar year 2002,
and $1,825 in calendar year
162003
, $1,871 in calendar year 2004, and $1,917 in calendar year 2005 and thereafter.
SB44, s. 1721
17Section
1721. 86.30 (9) (b) of the statutes is amended to read:
SB44,750,2318
86.30
(9) (b) For the purpose of calculating and distributing aids under sub. (2),
19the amounts for aids to counties are
$84,059,500 in calendar years 2000 and 2001, 20$86,581,300 in calendar year 2002,
and $90,044,600 in calendar year 2003
,
21$92,295,700 in calendar year 2004, and $94,603,100 in calendar year 2005 and
22thereafter. These amounts, to the extent practicable, shall be used to determine the
23statewide county average cost-sharing percentage in the particular calendar year.
SB44, s. 1722
24Section
1722. 86.30 (9) (c) of the statutes is amended to read:
SB44,751,7
186.30
(9) (c) For the purpose of calculating and distributing aids under sub. (2),
2the amounts for aids to municipalities are
$264,461,500 in calendar years 2000 and
32001, $272,395,300 in calendar year 2002,
and $283,291,100 in calendar year 2003
,
4$290,373,400 in calendar year 2004, and $297,632,700 in calendar year 2005 and
5thereafter. These amounts, to the extent practicable, shall be used to determine the
6statewide municipal average cost-sharing percentage in the particular calendar
7year.
SB44, s. 1723
8Section
1723. 86.30 (10) of the statutes is repealed.
SB44, s. 1724
9Section
1724. 86.31 (3s) of the statutes is amended to read:
SB44,751,2010
86.31
(3s) West Canal Street reconstruction and extension. 11Notwithstanding limitations on the amount and use of aids provided under this
12section, or on eligibility requirements for receiving aids under this section, and
13subject to s. 84.03 (3) (b), the department shall award a grant of $2,500,000 to the city
14of Milwaukee for the
purpose purposes specified under s. 84.03 (3) (a).
15Notwithstanding subs. (3) (b), (3g), (3m), and (3r), payment of the grant under this
16subsection shall be made from the appropriation under s. 20.395 (2) (fr) before
17making any other allocation of funds under subs. (3) (b), (3g), (3m), and (3r), and the
18allocation of funds under subs. (3) (b), (3g), (3m), and (3r) shall be reduced
19proportionately to reflect the amount of the grant made under this subsection. This
20subsection does not apply after December 31, 2005.
SB44, s. 1725
21Section
1725. 87.07 (4) of the statutes is amended to read:
SB44,752,622
87.07
(4) Benefits and costs decisive. If the aggregate of the amounts
23collectible, as thus found by the department, exceeds the estimated cost of
24construction of the improvement, the department shall order that the work of
25constructing such improvement proceed. If such aggregate amount collectible is less
1than the estimated cost of such improvement, the department shall enter an order
2dismissing the petition, unless the difference between said aggregate amounts be
3deposited in cash with the
state treasurer secretary of administration within one
4year. Such deposit may be made by any person or any public or private corporation.
5Upon the making of such deposit, the department shall enter a further order that the
6work of constructing the improvement proceed.
SB44, s. 1726
7Section
1726. 87.11 (2) of the statutes is amended to read:
SB44,753,88
87.11
(2) But should the total cost, as ascertained and certified by the flood
9control board after the letting of the contracts, in the manner hereinabove set forth,
10exceed the total amount found by the department to be collectible under s. 87.09, all
11contracts for the construction of the work shall be null and void. At the expiration
12of one year after such certification, any moneys held by the
state treasurer secretary
13of administration on account of the project shall be refunded to the persons by whom
14they were paid to
such treasurer the secretary of administration; and funds in the
15hands of the flood control board shall be refunded to the public corporation by which
16they were paid to such board; any funds held by any town, village
, or city, having been
17collected by special assessments against property benefited, shall be refunded to the
18owners of such property; any funds raised by any public corporation by the issuance
19of bonds on account of such proposed improvements shall constitute a fund for the
20retirement or payment of such bonds; and any fund held by any public corporation,
21having been raised otherwise than by special assessments or bond issues, shall be
22available for the general purposes of such public corporation. Provided, however,
23that if within one year after the last mentioned certification of the flood control board
24there shall be deposited with the treasurer of said board a sum equal to the difference
25between the aggregate cost of constructing the improvement as estimated by the
1department and the aggregate cost thereof as determined and certified by the flood
2control board after the letting of the contracts, said board shall proceed to relet the
3contracts for the construction of the improvement and to complete the same unless
4the aggregate of such new contract prices, together with the department's estimate
5of the cost of acquiring lands and of overhead expenses and of the first 18 months'
6operation and maintenance, shall again exceed the amount found by the department
7to be collectible under s. 87.09. The deposit herein referred to may be made by any
8person or any public or private corporation.
SB44, s. 1727
9Section
1727. 87.13 of the statutes is amended to read:
SB44,753,21
1087.13 Disbursements by board. All sums which shall be deposited with the
11state treasurer secretary of administration under s. 87.07 (4) for the construction of
12the improvement shall be paid by
said treasurer the secretary of administration to
13the flood control board upon requisitions from said board. If any moneys, other than
14those for operation and maintenance during the first 18 months, remain unexpended
15in the hands of the flood control board or subject to their requisition after the
16completion of the construction of the improvement, and if the funds for construction
17of the improvement shall have been in part raised through voluntary contributions
18under s. 87.07 (4) or 87.11 (2), the amounts thus contributed, or such proportion
19thereof as the funds remaining in the hands of the board or subject to its requisition
20will pay, shall be returned to the persons or corporations who made such voluntary
21contributions, in proportion to the amounts contributed by them.
SB44, s. 1728
22Section
1728. 88.66 (2) of the statutes is amended to read:
SB44,754,1123
88.66
(2) Every district whose drains cross the right-of-way of a railway
24company is liable to such company for the reasonable cost of opening its right-of-way
25and also for the cost of the culverts and bridges made necessary by such drain. The
1drainage board shall include such costs in its cost of construction, as set forth in its
2report of benefits and damages, and shall award them as damages to the railway
3company. The bridge or culvert shall be designed by the district's engineer and the
4design submitted to the railway company for approval. If a dispute arises as to the
5adequacy of the design, either party may submit the dispute to the
office of the
6commissioner of railroads division of hearings and appeals in the department of
7administration by filing with the
office division of hearings and appeals a statement
8as to the facts involved and the nature of the dispute. The
office division of hearings
9and appeals shall
investigate and determine the matter in controversy
in accordance
10with ch. 195, and any order it makes in such proceeding has the same effect as an
11order in any other proceeding properly brought under ch. 195.
SB44, s. 1729
12Section
1729. 88.87 (4) of the statutes is amended to read:
SB44,754,1913
88.87
(4) If a railway company fails to comply with sub. (2), any person
14aggrieved thereby may file a complaint with the
office of the commissioner of
15railroads division of hearings and appeals in the department of administration 16setting forth the facts. The
office division of hearings and appeals shall
investigate
17and determine the matter in controversy
in accordance with ch. 195, and any order
18it makes in such proceeding has the same effect as an order in any other proceeding
19properly brought under ch. 195.
SB44, s. 1730
20Section
1730. 88.88 (2) of the statutes is amended to read:
SB44,755,221
88.88
(2) If the railway company fails to comply with sub. (1), the person
22aggrieved thereby may file a complaint with the
office of the commissioner of
23railroads division of hearings and appeals in the department of administration 24setting forth the facts. The
office division of hearings and appeals shall
investigate
25and determine the matter in controversy
in accordance with ch. 195, and any order
1it makes in such proceeding has the same effect as an order in any other proceeding
2properly brought under ch. 195.
SB44, s. 1731
3Section
1731. 91.19 (6s) (a) (intro.) of the statutes is amended to read:
SB44,755,84
91.19
(6s) (a) (intro.) The department may release from a farmland
5preservation agreement any land acquired or to be acquired by
a local unit of
6government the governing body of a municipality, as defined in s.
106.215 (1) (e) 7281.59 (1) (c), for public improvements or structures, including highway
8improvements, if all of the following occur:
SB44, s. 1732
9Section
1732. 93.07 (1) of the statutes is amended to read:
SB44,755,1510
93.07
(1) Regulations. To make and enforce such regulations, not inconsistent
11with law, as it may deem necessary for the exercise and discharge of all
of the powers
12and duties of the department, and to adopt such measures and make such
13regulations as are necessary and proper for the
enforcement by the state of
14department to carry out its duties and powers under chs. 93 to 100
, which regulations
15shall have the force of law.
SB44, s. 1733
16Section
1733. 93.07 (23) of the statutes is created to read:
SB44,755,1917
93.07
(23) Consumer protection administration. To administer ss. 100.01 to
18100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
19100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
SB44, s. 1734
20Section
1734. 93.07 (24) of the statutes is amended to read:
SB44,755,2321
93.07
(24) Enforcement of laws. To enforce
or assist in the enforcement of chs.
2288 and 93 to
99, those laws under ch. 100
administered by the department, and all
23other laws entrusted to its administration, and especially:
SB44,756,3
1(a) To enforce the laws
administered by the department regarding the
2production, manufacture and sale, offering or exposing for sale or having in
3possession with intent to sell, of any dairy, food or drug product.
SB44,756,54
(b) To enforce the laws
administered by the department regarding the
5adulteration or misbranding of any articles of food, drink, condiment or drug.
SB44,756,10
6(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
7of food, drink, condiment or drug made or offered for sale within this state which it
8may suspect or have reason to believe
, under the laws administered by the
9department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or
10in any way unlawful.