Amendment ASA1-SB40

SB40-ASA1,1196,9 (d) "Indian tribe" has the meaning given in s. 139.30 (5).

SB40-ASA1,1196,12 (2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).

SB40-ASA1,1196,15 (3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).

SB40-ASA1,1196,18 (4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).

SB40-ASA1,1196,21 (5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.

SB40-ASA1,1196,23 (6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).

SB40-ASA1, s. 2227 Section 2227. 85.037 of the statutes is amended to read:

SB40-ASA1,1197,5 85.037 Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under s. 342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under s. 20.855 (4) (f) (rm) during the current fiscal year.

SB40-ASA1, s. 2228 Section 2228. 85.061 (3) (a) 1. of the statutes is amended to read:

SB40-ASA1,1197,13 85.061 (3) (a) 1. Capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and, between the cities of Milwaukee and Green Bay, between the cities of Milwaukee and Chicago, and between the cities of Madison and La Crosse. Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible.

SB40-ASA1, s. 2229 Section 2229. 85.09 (4i) of the statutes is amended to read:

SB40-ASA1,1197,24 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. 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). This subsection does not apply to real property that is sold under s. 16.848.

SB40-ASA1, s. 2230 Section 2230. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

SB40-ASA1,1198,14 85.20 (4m) (a) 6. cm. For aid payable for calendar years 2004 and 2005, 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. From the appropriation under s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar year 2006, and $59,107,000 for aid payable for calendar year 2007, $60,289,100 for aid payable for calendar year 2008, and $61,494,900 for aid payable for calendar year 2009 and thereafter, 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.

SB40-ASA1, s. 2231 Section 2231. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

SB40-ASA1,1199,4 85.20 (4m) (a) 6. d. For aid payable for calendar years 2004 and 2005, 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. From the appropriation under s. 20.395 (1) (hu), the department shall pay $15,470,200 for aid payable for calendar year 2006, and $15,779,600 for aid payable for calendar year 2007, $16,095,200 for aid payable for calendar year 2008, and $16,417,100 for aid payable for calendar year 2009 and thereafter, 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.

SB40-ASA1, s. 2232 Section 2232. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

SB40-ASA1,1199,11 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $21,757,600 in calendar years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700 in calendar year 2007, $23,089,100 in calendar year 2008, and $23,551,200 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB40-ASA1, s. 2233 Section 2233. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

SB40-ASA1,1199,18 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $4,925,100 in calendar years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar year 2007, $5,225,600 in calendar year 2008, and $5,331,100 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB40-ASA1, s. 2234 Section 2234. 85.24 (4) (b) of the statutes is amended to read:

SB40-ASA1,1199,24 85.24 (4) (b) Paragraph (a) does not prohibit the disclosure of the information to the extent necessary to administer the ride-sharing program nor, if requested under s. 49.22 (2m), does it prohibit disclosure of the name or address of a person or of his or her employer to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2235 Section 2235. 85.24 (4) (c) of the statutes is amended to read:

SB40-ASA1,1200,7 85.24 (4) (c) Any person who willfully discloses or who, under false pretenses, willfully requests or obtains information in violation of par. (a) may be required to forfeit not more than $500 for each violation. This paragraph does not apply to information disclosed, requested or obtained to the extent necessary to administer the ride-sharing program or, if requested under s. 49.22 (2m), to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40-ASA1, s. 2550m Section 2550m. 85.515 of the statutes is created to read:

SB40-ASA1,1200,16 85.515 Federal REAL ID Act implementation date. (1) If the secretary determines, prior to May 11, 2008, that the department will be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, the secretary shall, prior to May 11, 2008, send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states that the provisions of 2007 Wisconsin Act .... (this act) related to implementation of the federal REAL ID Act will become effective on May 11, 2008.

SB40-ASA1,1200,20 (2) If the secretary determines that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, the secretary shall do all of the following:

SB40-ASA1,1201,2 (a) As soon as the secretary determines that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008, send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states that the department will not be ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), by May 11, 2008.

SB40-ASA1,1201,8 (b) As soon as the department is ready to complete full implementation of the provisions of the federal REAL ID Act, as incorporated into 2007 Wisconsin Act .... (this act), send a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register that states the date on which the provisions of 2007 Wisconsin Act .... (this act) related to implementation of the federal REAL ID Act will become effective.

SB40-ASA1, s. 2236 Section 2236. 86.195 (3) (b) 3. of the statutes is amended to read:

SB40-ASA1,1201,13 86.195 (3) (b) 3. Fifty percent of the gross receipts sales price, as defined in s. 77.51 (15b), of the business are from meal, food, the sale of food product and beverage sales and food ingredients, as defined in s. 77.51 (3t), that are taxable under s. 77.54 (20) (c) subch. III of ch. 77; and

SB40-ASA1, s. 2551m Section 2551m. 86.196 (6) of the statutes is created to read:

SB40-ASA1,1201,24 86.196 (6) Notwithstanding any eligibility criteria established under this section and rules promulgated under this section, the department shall install and maintain, on I 94 in Milwaukee County, 2 signs meeting the specifications under this section and rules promulgated under this section. One sign shall be viewable from the northbound lanes of I 94 and shall be located between Rawson Avenue and College Avenue. The other sign shall be viewable from the eastbound lanes of I 94 and shall be located in the proximity of the Waukesha County line. Both signs shall highlight lakefront attractions in the city of Milwaukee and shall include information about the Milwaukee Art Museum, the Betty Brinn Children's Museum, Discovery World, Summerfest, and the Milwaukee County War Memorial.

SB40-ASA1, s. 2237 Section 2237. 86.30 (2) (a) 3. of the statutes is amended to read:

SB40-ASA1,1202,5 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 $1,825 in calendar years 2004 and 2005, $1,862 in calendar year 2006, and $1,899 in calendar year 2007, $1,937 in calendar year 2008, and $1,976 in calendar year 2009 and thereafter.

SB40-ASA1, s. 2238 Section 2238. 86.30 (9) (b) of the statutes is amended to read:

SB40-ASA1,1202,12 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $90,044,600 in calendar years 2004 and 2005, $91,845,500 in calendar year 2006, and $93,682,400 in calendar year 2007, $95,556,000 in calendar year 2008, and $97,467,100 in calendar year 2009 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.

SB40-ASA1, s. 2239 Section 2239. 86.30 (9) (c) of the statutes is amended to read:

SB40-ASA1,1202,20 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $283,291,100 in calendar years 2004 and 2005, $288,956,900 in calendar year 2006, and $294,736,000 in calendar year 2007, $300,630,700 in calendar year 2008, and $306,643,300 in calendar year 2009 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.

SB40-ASA1, s. 2240 Section 2240. 86.31 (3g) of the statutes is amended to read:

SB40-ASA1,1203,3 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,250,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $5,355,000 in fiscal year 2007-08, and $5,567,100 in fiscal year 2008-09 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB40-ASA1, s. 2241 Section 2241. 86.31 (3m) of the statutes is amended to read:

SB40-ASA1,1203,11 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $750,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $765,000 in fiscal year 2007-08, and $795,300 in fiscal year 2008-09 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB40-ASA1, s. 2242 Section 2242. 86.31 (3r) of the statutes is amended to read:

SB40-ASA1,1203,19 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $1,000,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $1,020,000 in fiscal year 2007-08, and $1,060,400 in fiscal year 2008-09 and each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB40-ASA1, s. 2557m Section 2557m. 86.31 (3t) of the statutes is created to read:

SB40-ASA1,1204,8 86.31 (3t) Payments related to environmental review of local projects. 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 any applicable interagency agreement between the department of transportation and the department of natural resources, the department of transportation may make a payment in each fiscal year to the department of natural resources to support 3.0 full-time equivalent positions in the department of natural resources related to the environmental review of local transportation projects. Notwithstanding sub. (3), any payment under this subsection shall be made from the appropriation under s. 20.395 (2) (fr) before making any other allocation of funds under sub. (3). After the department of transportation makes the payment under this subsection, the allocation of funds under sub. (3) shall be reduced proportionately to reflect the amount of the payment.

SB40-ASA1, s. 2243 Section 2243. 88.15 of the statutes is repealed.

SB40-ASA1, s. 2244 Section 2244. 93.06 (1q) of the statutes is amended to read:

SB40-ASA1,1204,13 93.06 (1q) Marketing Agricultural development services. Provide marketing agricultural development services upon request and charge a fee for those services, but the fee may not exceed the department's cost of providing those services.

SB40-ASA1, s. 2245 Section 2245. 93.135 (1m) (a) of the statutes is amended to read:

SB40-ASA1,1204,22 93.135 (1m) (a) If an individual who applies for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration, registration certificate or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development children and families.

SB40-ASA1, s. 2246 Section 2246. 93.135 (2) of the statutes is amended to read:

SB40-ASA1,1205,2 93.135 (2) The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-ASA1, s. 2247 Section 2247. 93.135 (3) of the statutes is amended to read:

SB40-ASA1,1205,13 93.135 (3) The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

SB40-ASA1, s. 2594g Section 2594g. 93.55 (2) of the statutes is amended to read:

SB40-ASA1,1205,23 93.55 (2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall may not fund all or a part more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (va).

SB40-ASA1, s. 2594i Section 2594i. 93.57 of the statutes is amended to read:

SB40-ASA1,1206,9 93.57 Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va) in each fiscal year for grants under this section.

SB40-ASA1, s. 2248 Section 2248. 93.75 of the statutes is repealed.

SB40-ASA1, s. 2595n Section 2595n. 94.64 (3r) (b) of the statutes is amended to read:

SB40-ASA1,1206,16 94.64 (3r) (b) Beginning with the license year that begins on August 15, 2000 2007, a person applying for a license under sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes lower different surcharges under s. 94.73 (15) after the effective date of this paragraph .... [revisor inserts date]:

SB40-ASA1,1206,19 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under s. 94.685 or 94.703, $20 $14.

SB40-ASA1,1206,21 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $20 $14.

SB40-ASA1, s. 2595p Section 2595p. 94.64 (4) (a) 5. of the statutes is amended to read:

SB40-ASA1,1207,2 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 63 44 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 2005 2007, unless the department establishes a lower different surcharge under s. 94.73 (15) after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2595r Section 2595r. 94.681 (3) (a) of the statutes is amended to read:

SB40-ASA1,1207,5 94.681 (3) (a) If the applicant sells less than $25,000 of the product during the payment period for use in this state, $5 $3.50.

SB40-ASA1, s. 2595s Section 2595s. 94.681 (3) (b) of the statutes is amended to read:

SB40-ASA1,1207,8 94.681 (3) (b) If the applicant sells at least $25,000 but less than $75,000 of that product during the payment period for use in this state, $170 $120.

SB40-ASA1, s. 2595t Section 2595t. 94.681 (3) (c) of the statutes is amended to read:

SB40-ASA1,1207,12 94.681 (3) (c) If the applicant sells at least $75,000 of that product during the payment period for use in this state, an amount equal to 1.1% 0.75 percent of gross revenues from sales of the product during the payment period for use in this state.

SB40-ASA1, s. 2595w Section 2595w. 94.685 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1207,18 94.685 (3) (a) 2. An agricultural chemical cleanup surcharge of $40 $28, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the dealer or distributor need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2249 Section 2249. 94.695 of the statutes is repealed.

SB40-ASA1, s. 2596e Section 2596e. 94.703 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1207,25 94.703 (3) (a) 2. An agricultural chemical cleanup surcharge of $55 $38, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2596g Section 2596g. 94.704 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1208,6 94.704 (3) (a) 2. An agricultural chemical cleanup surcharge of $20 $14, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

SB40-ASA1, s. 2250 Section 2250. 94.73 (2) (c) of the statutes is amended to read:

SB40-ASA1,1208,18 94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.

SB40-ASA1, s. 2251 Section 2251. 94.73 (7) (a) of the statutes is amended to read:

SB40-ASA1,1209,3 94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

SB40-ASA1, s. 2598e Section 2598e. 94.73 (15) (a) of the statutes is amended to read:

SB40-ASA1,1209,12 94.73 (15) (a) The Subject to par. (am), the department may, by rule, reduce modify any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the agricultural chemical cleanup fund at the end of each fiscal year of not more than $2,500,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., or 94.704 (3) (a) 2.

SB40-ASA1, s. 2598f Section 2598f. 94.73 (15) (am) of the statutes is created to read:

SB40-ASA1,1209,15 94.73 (15) (am) The department may not increase a surcharge above the following amount:

SB40-ASA1,1209,16 1. Under s. 94.64 (3r) (b) 1. and 2., $20.