Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,286,10 1606. Page 1180, line 4: delete the material beginning with that line and ending with page 1182, line 24.

SB40-ASA1-AA1,286,12 1607. Page 1182, line 25: delete the material beginning with that line and ending with page 1187, line 9, and substitute:

SB40-ASA1-AA1,286,13 " Section 2506d. 79.043 (5) of the statutes is amended to read:

SB40-ASA1-AA1,286,18 79.043 (5) Except as provided under s. 79.02 (3) (e), for the distribution beginning in 2005 and subsequent years ending in 2007, each county and municipality shall receive a payment under this section and s. 79.035 that is equal to the amount of the payment determined for the county or municipality under this section and s. 79.035 in 2004.

SB40-ASA1-AA1, s. 2507d Section 2507d. 79.043 (6) of the statutes is created to read:

SB40-ASA1-AA1,286,22 79.043 (6) (a) Except as provided in s. 79.02 (3) (e), in 2008 each county shall receive a payment under this section and s. 79.035 that is equal to the amount it received in 2007, minus 5 percent of the amount it received in 2007.

SB40-ASA1-AA1,287,3 (b) Except as provided in s. 79.02 (3) (e) and par. (c), in 2008 each municipality shall receive a payment under this section and s. 79.035 that is equal to the amount it received in 2007.

SB40-ASA1-AA1,287,9 (c) Except as provided in s. 79.02 (3) (e), in 2008 each municipality shall receive a payment under this section and s. 79.035 that is equal to the amount it received in 2007, minus 12.5 percent of the amount it received in 2007, if the municipality's 2007 population exceeded 20,000 and if its distribution under this section and s. 79.035 in 2007 exceeded an amount equal to the municipality's 2007 population multiplied by $250.

SB40-ASA1-AA1, s. 2507e Section 2507e. 79.043 (7) of the statutes is created to read:

SB40-ASA1-AA1,287,14 79.043 (7) Except as provided under s. 79.02 (3) (e), for the distribution in 2009 and subsequent years, each county and municipality shall receive a payment under this section and s. 79.035 that is equal to the amount of the payment determined for the county or municipality under this section and s. 79.035 in 2008.".

SB40-ASA1-AA1,287,15 1608. Page 1187, line 9: after that line insert:

SB40-ASA1-AA1,287,16 " Section 2505d. 79.04 (1) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,288,3 79.04 (1) (intro.) Annually, except for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, and except as provided in sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute to a municipality having within its boundaries a production plant, general structure, or substation, 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 or substation is owned or operated by a local governmental unit located outside of the municipality, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 the amount determined as follows:

SB40-ASA1-AA1, s. 2505e Section 2505e. 79.04 (1) (b) 1. of the statutes is amended to read:

SB40-ASA1-AA1,288,10 79.04 (1) (b) 1. Beginning with the distribution under this subsection in 1991, and ending with the distribution under this subsection in 2008, the amount determined under par. (a) to value property used by a light, heat or power company in a municipality may not be less than the amount determined to value the property for the distribution to the municipality under this subsection in 1990, subject to subds. 2., 3. and 4.

SB40-ASA1-AA1, s. 2505f Section 2505f. 79.04 (2) (a) of the statutes is amended to read:

SB40-ASA1-AA1,289,20 79.04 (2) (a) Annually, except for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, and except as provided in sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., to any county having within its boundaries a production plant, general structure, or substation, 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 or substation is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant or substation 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 "production plant, exclusive of land," "general structures," and "substations," 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 or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., 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 substations 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 under this subsection and sub. (6) in any year shall not exceed $100 times the population of the county.

SB40-ASA1-AA1, s. 2505g Section 2505g. 79.04 (2) (am) 1. of the statutes is amended to read:

SB40-ASA1-AA1,290,2 79.04 (2) (am) 1. Beginning with the distribution under this subsection in 1991, and ending with the distribution under this subsection in 2008, the amount determined under par. (a) to value property used by a light, heat or power company in a county may not be less than the amount determined to value the property for the distribution to the county under this subsection in 1990, subject to subds. 2. and 3.

SB40-ASA1-AA1, s. 2505h Section 2505h. 79.04 (4m) of the statutes is created to read:

SB40-ASA1-AA1,290,10 79.04 (4m) Beginning with distributions in 2009, for production plants described under subs. (1) and (2), if in any year the payments to the municipality and county in which the production plant is located would be greater under subs. (6) and (7) (c) 1. based on the production plant's name-plate capacity than under sub. (1) or (2) based on the depreciated net book value of the production plant, the municipality and county shall receive payments under subs. (6) and (7) (c) 1., rather than under sub. (1) or (2), beginning in that year and in each year thereafter.

SB40-ASA1-AA1, s. 2505i Section 2505i. 79.04 (6) (a) of the statutes is amended to read:

SB40-ASA1-AA1,290,24 79.04 (6) (a) Annually, beginning in 2005, for production plants that begin operation after December 31, 2003, or begin operation as a repowered production plant after December 31, 2003, except as provided in sub. (4m), the department of administration, upon certification by the department of revenue, shall distribute payments from the public utility account, as determined under par. (b), to each municipality and county in which a production plant is located, if the production plant has a name-plate capacity of at least one megawatt and is 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 located outside of the municipality; by a qualified wholesale electric company, as defined in s. 76.28 (1) (gm); by a wholesale merchant plant, as defined in s. 196.491 (1) (w); by an electric cooperative assessed under ss. 76.07 and 76.48, respectively; or by a municipal electric company under s. 66.0825.

SB40-ASA1-AA1, s. 2505j Section 2505j. 79.04 (6) (c) 1. of the statutes is amended to read:

SB40-ASA1-AA1,291,13 79.04 (6) (c) 1. If the production plant is located in a city or village, the city or village receives a payment equal to two-thirds of the amount determined under par. (b) and the county in which the city or village is located receives a payment equal to one-third of the amount determined under par. (b). If the production plant is located in a town, the town receives a payment equal to one-third of the amount determined under par. (b), and the county in which the town is located receives a payment equal to two-thirds of the amount determined under par. (b), except that with regard to a production plant that generates electricity from wind power the town where the plant is located receives a payment equal to two-thirds of the amount determined under par. (b) and the county where the plant is located receives a payment equal to one-third of the amount determined under par. (b). If a municipality is located in more than one county, the county in which the production plant is located shall receive the county portion of the payment.".

SB40-ASA1-AA1,291,14 1609. Page 1187, line 9: after that line insert:

SB40-ASA1-AA1,291,15 " Section 2505d. 79.04 (1) (a) of the statutes is amended to read:

SB40-ASA1-AA1,292,15 79.04 (1) (a) An amount from the shared revenue account or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of 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 "production plant, exclusive of land," "general structures," and "substations," in the case of light, heat and power companies, electric cooperatives or municipal electric companies, for all property within a 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 or, for the distribution in 2003, from the appropriation under s. 20.835 (1) (t), 2003 stats., determined by multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village, of the first $125,000,000 of the total original cost of production plant, general structures, and substations 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 municipality under this subsection and sub. (6) in any year shall not exceed $300 times the population of the municipality.".

SB40-ASA1-AA1,292,17 1610. Page 1187, line 10: delete the material beginning with that line and ending with page 1190, line 21, and substitute:

SB40-ASA1-AA1,292,18 " Section 2522d. 79.14 of the statutes is amended to read:

SB40-ASA1-AA1,292,22 79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b) is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; and $593,050,000 beginning in 2007 and ending in 2008; and $793,050,000 in each year thereafter.".

SB40-ASA1-AA1,292,23 1611. Page 1190, line 21: after that line insert:

SB40-ASA1-AA1,292,24 " Section 2524g. 84.013 (3m) (d) of the statutes is created to read:

SB40-ASA1-AA1,293,3 84.013 (3m) (d) The department shall begin construction of the major highway project enumerated under sub. (3) (ra) no later than July 1, 2009, and shall complete construction of this project no later than July 1, 2011.".

SB40-ASA1-AA1,293,4 1612. Page 1190, line 21: after that line insert:

SB40-ASA1-AA1,293,5 " Section 2523p. 84.013 (4) (a) of the statutes is amended to read:

SB40-ASA1-AA1,293,10 84.013 (4) (a) Subject to s. ss. 13.489 (1m) and 84.06 (1r), in preparation for future major highway projects, the department may perform preliminary engineering and design work and studies for possible major highway projects not listed under sub. (3), but no major highway may be constructed unless the project is listed under sub. (3) or approved under sub. (6).".

SB40-ASA1-AA1,293,11 1613. Page 1190, line 21: after that line insert:

SB40-ASA1-AA1,293,12 " Section 2523p. 83.015 (2) (b) of the statutes is amended to read:

SB40-ASA1-AA1,293,24 83.015 (2) (b) In any county with a highway commissioner appointed under s. 83.01 (1) (b) or (c), the county highway committee shall be only a policy-making body determining the broad outlines and principles governing administration and the county highway commissioner shall have the administrative powers and duties prescribed for the county highway committee under par. (a), sub. (3) (a) and ss. 27.065 (4) (b) and (13), 32.05 (1) (a), 82.08, 83.01 (6), 83.013, 83.018, 83.025 (1) and (3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18, 83.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4), 84.10 (1), 86.04 (1) and (2), 86.07 (2) and (2m), 86.19 (3), 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified elsewhere for the county highway commissioner may be deemed impliedly repealed for the sole reason that reference to it has been omitted in this paragraph.".

SB40-ASA1-AA1,294,1 1614. Page 1190, line 21: after that line insert:

SB40-ASA1-AA1,294,2 " Section 2524p. 84.01 (21) of the statutes is amended to read:

SB40-ASA1-AA1,294,11 84.01 (21) Motor vehicle weighing stations. The department, as a part of the improvement and maintenance of highways, may acquire, construct and maintain lands and facilities, including scales or weighing stations, for weighing, measuring or inspecting vehicles and loads operating on any public highway in the state. Lands necessary may be adjacent or contiguous to the highway and weighing station facilities may be constructed and maintained upon the traveled portion of the highway or any other part thereof. The department may not construct or locate a motor vehicle weighing facility in or adjacent to the village of Rockland in La Crosse County.".

SB40-ASA1-AA1,294,12 1615. Page 1191, line 18: after that line insert:

SB40-ASA1-AA1,294,13 " Section 2528g. 84.02 (5) (a) of the statutes is amended to read:

SB40-ASA1-AA1,294,23 84.02 (5) (a) As often as it deems necessary, the department shall publish highway service maps showing the state trunk highway system and such other main highways and other features as may seem desirable. Such highway service maps shall be sold by the department at a price to be fixed by it, which shall be not less than cost. The department may permit the use of the base plates for other maps and publications in consideration of a fair fee for such use. The department shall make and publish or duplicate such highway service maps as are required for its use, and, in only one fiscal year of each fiscal biennium, shall publish folded highway maps of Wisconsin for free distribution to the public. The department shall ensure that the folded highway maps bear information regarding the requirements of s. 347.48 (4).".

SB40-ASA1-AA1,294,24 1616. Page 1192, line 2: after that line insert:

SB40-ASA1-AA1,295,1 " Section 2531c. 84.06 (1m) of the statutes is amended to read:

SB40-ASA1-AA1,295,8 84.06 (1m) Plans. The Subject to sub. (1r), the department may prepare plans, estimates, and specifications and undertake and perform all surveys, investigations, and engineering work for any highway improvement within its jurisdiction. When provision has been made for the necessary funds for any such highway improvement and, if federal aid is to be utilized, when the project has been approved by the proper federal authorities, the department may proceed as provided in this section, with due regard to any applicable federal requirement or regulation.

SB40-ASA1-AA1, s. 2531e Section 2531e. 84.06 (1r) of the statutes is created to read:

SB40-ASA1-AA1,295,11 84.06 (1r) Value engineering for certain projects. (a) In this subsection, "value engineering" has the meaning given in 23 CFR 627.3.

SB40-ASA1-AA1,295,20 (b) The department shall employ value engineering for any highway improvement project under sub. (1m) for which the cost of construction, utilities, and rights-of-way is in excess of $5,000,000, as adjusted under par. (g), or that otherwise meets criteria established by the department under par. (c), and shall assure that a value engineering study and analysis is performed on each such project. Any value engineering study and analysis related to engineering work performed by a consultant under contract with the department under s. 84.01 (13) may not be performed by the same consultant unless that consultant maintains separate and distinct organizational separation of its value engineering and design sections.

SB40-ASA1-AA1,295,23 (c) The department shall establish criteria for determining which projects, in addition to those having total project costs in excess of $5,000,000, as adjusted under par. (g), on which the department will employ value engineering.

SB40-ASA1-AA1,296,3 (d) After review and for compelling reasons, the secretary may waive the requirement under par. (b) for any project. Any such waiver shall be in writing, state the reasons for the waiver, and apply only to a single project.

SB40-ASA1-AA1,296,9 (e) For each project for which the department performs a value engineering study and analysis under this subsection, the department shall include in the study and analysis an identification of the cost of all design elements for the project that are considered by the department to be context-sensitive design elements and the department's justification for any increased project costs resulting from these design elements.

SB40-ASA1-AA1,296,17 (f) Annually, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the department's employment of value engineering under par. (b), the criteria established by the department under par. (c), and all waivers made under par. (d). All project information included in any report required under this paragraph shall be reported on both a cumulative basis from the inception of the project and on an updated basis for the period since the department's last report under this paragraph. The report under this paragraph shall also include all of the following information:

SB40-ASA1-AA1,296,18 1. The number of value engineering studies conducted.

SB40-ASA1-AA1,296,19 2. The cost of conducting the studies.

SB40-ASA1-AA1,296,20 3. The estimated construction cost of the projects studied.

SB40-ASA1-AA1,296,21 4. The total number of study recommendations.

SB40-ASA1-AA1,296,23 5. The total estimated savings that would result from all recommendations if approved and implemented.

SB40-ASA1-AA1,296,24 6. The number of recommendations approved.

SB40-ASA1-AA1,296,25 7. The total savings that resulted from the approved recommendations.

SB40-ASA1-AA1,297,2 8. The cost of all context-sensitive design elements included in completed projects.

SB40-ASA1-AA1,297,7 (g) Beginning on the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], and annually thereafter, the department shall adjust the dollar amounts specified in pars. (b) and (c) in proportion to any change in the cost of construction, utilities, and rights-of-way since the effective date of this paragraph.".

SB40-ASA1-AA1,297,8 1617. Page 1193, line 8: after that line insert:

SB40-ASA1-AA1,297,9 " Section 2532h. 84.101 of the statutes is created to read:

SB40-ASA1-AA1,297,15 84.101 Ronald Reagan Memorial Highway. The department shall designate and mark the route of USH 14 from the Wisconsin-Illinois border to Madison as the "Ronald Reagan Memorial Highway" in recognition and appreciation of the public career of Ronald Reagan, who served 2 terms of office with distinction as the 40th president of the United States and who subsequently demonstrated grace and dignity in his struggle with Alzheimer's disease.".

SB40-ASA1-AA1,297,16 1618. Page 1193, line 9: delete lines 9 to 14.

SB40-ASA1-AA1,297,17 1619. Page 1193, line 19: after that line insert:

SB40-ASA1-AA1,297,19 " Section 2534p. 84.25 (4) of the statutes is renumbered 84.25 (4) (a) and amended to read:

SB40-ASA1-AA1,298,2 84.25 (4) (a) After Except as provided in par. (b), after the establishment of any controlled-access highway, no street or highway or private driveway, shall be opened into or connected with any controlled-access highway without the previous consent and approval of the department in writing, which shall be given only if the public interest shall be served thereby and shall specify the terms and conditions on which such consent and approval is given.

SB40-ASA1-AA1, s. 2534r Section 2534r. 84.25 (4) (b) of the statutes is created to read:

SB40-ASA1-AA1,298,10 84.25 (4) (b) Notwithstanding any other provision of this chapter, if the department denies approval under par. (a), or fails to provide approval under par. (a) within 60 days after a request for approval is made to the department, related to any access point to any part of a controlled-access highway located within a municipality, that municipality may approve any access point specified in the request for approval made to the department. Any approval under this paragraph shall be in writing and shall specify the terms and conditions on which the approval is given.".

SB40-ASA1-AA1,298,11 1620. Page 1193, line 20: delete lines 20 to 25.

SB40-ASA1-AA1,298,12 1621. Page 1194, line 1: delete lines 1 to 12.

SB40-ASA1-AA1,298,13 1622. Page 1194, line 25: after "(6w)," insert "(6y),".

SB40-ASA1-AA1,298,14 1623. Page 1194, line 25: delete "and (b)" and substitute "and (b) to (c)".

SB40-ASA1-AA1,298,16 1624. Page 1195, line 4: delete the material beginning with ", and from" and ending with "section" on line 6.

SB40-ASA1-AA1,298,18 1625. Page 1195, line 19: delete "$2,708,341,000" and substitute "$2,668,661,500".

SB40-ASA1-AA1,298,20 1626. Page 1195, line 25: delete the material beginning with ", to make" and ending with "this section," on page 1196, line 2.

SB40-ASA1-AA1,298,21 1627. Page 1196, line 3: after that line insert:

SB40-ASA1-AA1,298,22 " Section 2540c. 85.024 (2) of the statutes is amended to read:

SB40-ASA1-AA1,299,11 85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development, or construction of bicycle and pedestrian facilities. For purposes of this subsection, "bicycle and pedestrian facilities" do not include sidewalks or street beautification measures. The department shall award from the appropriation under s. 20.395 (2) (nx) (ox) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% 20 percent of the amount awarded under this section. Any improvement project for which a political subdivision receives a grant under this section shall be let by contract based on bids and the contract shall be awarded to the lowest competent and responsible bidder.".

SB40-ASA1-AA1,299,12 1628. Page 1196, line 23: after that line insert:

SB40-ASA1-AA1,299,13 " Section 2541r. 85.035 of the statutes is amended to read:

SB40-ASA1-AA1,299,18 85.035 Reduction of department appropriations. Where Subject to ss. 16.50 (1) (c) and 85.62, where the secretary deems that economic conditions warrant, the secretary, in conjunction with submission of estimates under s. 16.50, may recommend to the secretary of administration that authorized department appropriations be reduced to reflect revenue deficiencies.".

SB40-ASA1-AA1,299,19 1629. Page 1196, line 24: delete that line.

SB40-ASA1-AA1,299,20 1630. Page 1197, line 1: delete lines 1 to 5.