Amendment AA1-ASA1-SB40

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.

SB40-ASA1-AA1,299,21 1631. Page 1199, line 19: delete lines 19 to 25.

SB40-ASA1-AA1,299,22 1632. Page 1200, line 1: delete lines 1 to 7.

SB40-ASA1-AA1,299,23 1633. Page 1200, line 7: after that line insert:

SB40-ASA1-AA1,299,24 " Section 2550e. 85.243 of the statutes is repealed.".

SB40-ASA1-AA1,300,1 1634. Page 1201, line 8: after that line insert:

SB40-ASA1-AA1,300,2 " Section 2550s. 86.07 (2) of the statutes is amended to read:

SB40-ASA1-AA1,300,22 86.07 (2) No Subject to sub. (2m), no person shall make any excavation or fill or install any culvert or make any other alteration in any highway or in any manner disturb any highway or bridge without a permit therefor from the highway authority maintaining the highway. Such permit shall contain the statement and be subject to the condition that the work shall be constructed subject to such rules and regulations as may be prescribed by said authority and be performed and completed to its satisfaction, and in the case of temporary alterations that the highway or bridge shall be restored to its former condition, and that the permittee shall be liable to the town or county or state, as the case may be, for all damages which occur during the progress of said work or as a result thereof. Nothing herein shall abridge the right of the department or the county board or its highway committee to make such additional rules, regulations and conditions not inconsistent herewith as may be deemed necessary and proper for the preservation of highways, or for the safety of the public, and to make the granting of any such permit conditional thereon. If Subject to sub. (2m), if any culvert is installed or any excavation or fill or any other alteration is made in violation of the provisions of this subsection, the highway may be restored to its former condition by the highway authority in charge of the maintenance thereof; and any person who violates this subsection shall be punished by a fine of not less than $5 nor more than $100, or by imprisonment not exceeding 6 months, or both.

SB40-ASA1-AA1, s. 2550t Section 2550t. 86.07 (2m) of the statutes is created to read:

SB40-ASA1-AA1,301,9 86.07 (2m) Notwithstanding s. 86.073, if the department denies an application for a permit under sub. (2), or fails to approve a permit under sub. (2) within 60 days after application for the permit is made to the department, related to any part of a state trunk highway located within a municipality, that municipality may issue a permit under sub. (2) approving and authorizing the work, activity, or alteration, with respect to this state trunk highway, that was the subject of the permit application made to the department, regardless of what authority maintains the highway or whether the highway has been designated a connecting highway under s. 86.32.".

SB40-ASA1-AA1,301,10 1635. Page 1201, line 8: after that line insert:

SB40-ASA1-AA1,301,11 " Section 2550u. 85.62 of the statutes is created to read:

SB40-ASA1-AA1,301,23 85.62 Transportation fund balance and appropriation reductions. (1) During any fiscal biennium, if at any time the department determines that, at the close of the fiscal biennium, net appropriations and fund reserves from the transportation fund will exceed estimated transportation fund revenues by more than $30,000,000, the department shall develop a plan to eliminate, by the close of the fiscal biennium, this projected deficit by reducing all state funds appropriations under s. 20.395, other than those for debt service and sum sufficient appropriations, from the transportation fund as equitably as reasonable. This plan may not include the reduction of any state funds appropriation if the reduction would violate a condition imposed by the federal government on the receipt of federal funds or if the reduction would violate the federal or state constitution. The secretary shall submit this plan to the joint committee on finance.

SB40-ASA1-AA1,302,8 (2) If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date on which the secretary submits the plan under sub. (1) that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary shall implement the plan. If, within 14 working days after the date on which the secretary submits the plan, the cochairpersons of the joint committee on finance notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary may implement the plan only as approved, or modified and approved, by the committee.

SB40-ASA1-AA1,302,11 (3) Notwithstanding ss. 13.101 (6) and 20.001 (3) (c), if a plan is implemented as provided under sub. (2), the appropriation accounts shall be reduced as specified in the plan implemented under sub. (2).".

SB40-ASA1-AA1,302,12 1636. Page 1201, line 9: delete lines 9 to 13.

SB40-ASA1-AA1,302,14 1637. Page 1203, line 20: delete the material beginning with that line and ending with page 1204, line 8.

SB40-ASA1-AA1,302,15 1638. Page 1204, line 9: after that line insert:

SB40-ASA1-AA1,302,16 " Section 2558d. 88.68 (4) of the statutes is amended to read:

SB40-ASA1-AA1,302,24 88.68 (4) Whenever the cleaning out, deepening or reconstruction of a drain crossing a public highway requires the lowering of a culvert through such highway in order to provide effective drainage, the drainage board may proceed to lower such culvert only after obtaining a permit under s. 86.07 (2) or (2m). In lieu of issuing a permit, the authority in charge of maintenance of the highway may proceed to do the work itself. Except as provided in s. 86.075, the expenses involved in such lowering shall be borne by the drainage district, or as provided by mutual agreement between the highway authority and the drainage board.".

SB40-ASA1-AA1,303,1 1639. Page 1204, line 13: after that line insert:

SB40-ASA1-AA1,303,2 " Section 2589f. 93.07 (25) of the statutes is repealed.".

SB40-ASA1-AA1,303,3 1640. Page 1204, line 14: delete lines 14 to 25.

SB40-ASA1-AA1,303,4 1641. Page 1205, line 1: delete lines 1 to 13.

SB40-ASA1-AA1,303,5 1642. Page 1205, line 13: after that line insert:

SB40-ASA1-AA1,303,6 " Section 2592d. 93.46 (2) (e) of the statutes is amended to read:

SB40-ASA1-AA1,303,8 93.46 (2) (e) The department may not make a grant under this subsection or s. 93.47 that exceeds 75 percent of project costs.

SB40-ASA1-AA1, s. 2592f Section 2592f. 93.47 of the statutes is repealed.".

SB40-ASA1-AA1,303,10 1643. Page 1206, line 19: substitute "$13" for "$14".

SB40-ASA1-AA1,303,11 1644. Page 1206, line 21: substitute "$13" for "$14".

SB40-ASA1-AA1,303,12 1645. Page 1206, line 23: substitute "41" for "44".

SB40-ASA1-AA1,303,13 1646. Page 1207, line 5: substitute "$3.25" for "$3.50".

SB40-ASA1-AA1,303,14 1647. Page 1207, line 8: substitute "$110" for "$120".

SB40-ASA1-AA1,303,15 1648. Page 1207, line 11: substitute "0.72" for "0.75".

SB40-ASA1-AA1,303,16 1649. Page 1207, line 14: substitute "$26" for "$28".

SB40-ASA1-AA1,303,17 1650. Page 1207, line 21: substitute "$36" for "$38".

SB40-ASA1-AA1,303,18 1651. Page 1208, line 2: substitute "$13" for "$14".

SB40-ASA1-AA1,303,19 1652. Page 1210, line 10: after that line insert:

SB40-ASA1-AA1,303,20 " Section 2602h. 96.11 (3) of the statutes is created to read:

SB40-ASA1-AA1,304,3 96.11 (3) (a) 1. Except as provided under par. (c), a corn producer who sells corn that is subject to the assessment levied under sub. (1) under the marketing order for corn shall pay an additional assessment of 0.4 cents per bushel, to be collected and remitted to the marketing board in the manner provided in the marketing order for the assessment under sub. (1).

SB40-ASA1-AA1,304,7 2. If the marketing order for corn provides for rebates under s. 96.13 (2), a producer to whom subd. 1. applies may obtain a rebate of the assessment paid under subd. 1. in the manner provided in the marketing order for obtaining a rebate of the assessment levied under sub. (1).

SB40-ASA1-AA1,304,9 (b) The marketing board for corn shall use the moneys received under par. (a) for the purposes of the marketing order for corn.

SB40-ASA1-AA1,304,15 (c) 1. The department shall conduct a referendum on whether to terminate the assessment under par. (a) if after June 30, 2011, and before January 1, 2012, 10 percent of the producers who sell corn that is subject to the assessment levied under sub. (1) petition for a referendum. The assessment under par. (a) does not apply after June 30, 2012, if a referendum to terminate the assessment is approved by affected producers.

SB40-ASA1-AA1,304,16 2. If the marketing order for corn is terminated, pars. (a) and (b) do not apply.

SB40-ASA1-AA1, s. 2602j Section 2602j. 96.17 (1) of the statutes is amended to read:

SB40-ASA1-AA1,305,3 96.17 (1) Any due and payable assessment levied under a marketing order or under s. 96.11 (3) (a) and every sum due under either a marketing order or agreement in a specified amount shall constitute a personal debt of every person so assessed or who is otherwise liable and the same sum shall be due and payable to the secretary or the marketing board according to the terms and conditions of the marketing order or agreement. In the event any person fails to pay the full amount of such assessment or such other sum on or before the due date, the secretary may add to such unpaid assessment or sum an amount not exceeding 10% of the amount due to defray the cost of enforcing collection. In the event any person fails to pay any due and payable assessment or sum, the secretary may bring a civil action against such person for collection, together with the above specified 10%.".