SB40: Bill Text

SB40, s. 2546 Section 2546. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

SB40,1214,2 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, s. 2547 Section 2547. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

SB40,1214,9 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, s. 2548 Section 2548. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

SB40,1214,16 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, s. 2549 Section 2549. 85.24 (4) (b) of the statutes is amended to read:

SB40,1214,22 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, s. 2550 Section 2550. 85.24 (4) (c) of the statutes is amended to read:

SB40,1215,5 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, s. 2551 Section 2551. 86.195 (3) (b) 3. of the statutes is amended to read:

SB40,1215,10 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, s. 2552 Section 2552. 86.30 (2) (a) 3. of the statutes is amended to read:

SB40,1215,16 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, s. 2553 Section 2553. 86.30 (9) (b) of the statutes is amended to read:

SB40,1215,23 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, s. 2554 Section 2554. 86.30 (9) (c) of the statutes is amended to read:

SB40,1216,7 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, s. 2555 Section 2555. 86.31 (3g) of the statutes is amended to read:

SB40,1216,15 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, s. 2556 Section 2556. 86.31 (3m) of the statutes is amended to read:

SB40,1216,23 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, s. 2557 Section 2557. 86.31 (3r) of the statutes is amended to read:

SB40,1217,7 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, s. 2558 Section 2558. 88.15 of the statutes is repealed.

SB40, s. 2559 Section 2559. 91.06 of the statutes is renumbered 91.06 (1) and amended to read:

SB40,1217,16 91.06 (1) Certification by board. The Before the effective date of this subsection .... [revisor inserts date], the board shall review farmland preservation plans and exclusive agricultural use zoning ordinances submitted to it under ss. 91.61 and 91.78 and shall certify to the appropriate zoning authority whether the plans and ordinances meet the standards of subchs. IV and V, respectively. Certifications may be in whole or in part.

SB40, s. 2560 Section 2560. 91.06 (2) and (3) of the statutes are created to read:

SB40,1217,19 91.06 (2) Certification of plans. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:

SB40,1217,22 1. The department may certify a county farmland preservation plan or revision to a county farmland preservation plan based on the county certification under s. 91.61 (2) (d).

SB40,1217,24 2. The department may do any of the following before it determines whether to certify a county's farmland preservation plan or revision to a plan:

SB40,1217,25 a. Review the plan or revision for compliance with ss. 91.51 to 91.59.

SB40,1218,1 b. Review and audit the application for certification under s. 91.61 (2).

SB40,1218,4 (b) The department shall grant or deny an application for certification under s. 91.61 (2) in writing no later than the 90th day following receipt of a complete application, unless the county agrees to an extension.

SB40,1218,8 (c) The department may grant an application for certification under s. 91.61 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county does not make the required changes by a deadline specified by the department.

SB40,1218,12 (d) For the purposes of this chapter and subch. IX of ch. 71, a certified farmland preservation plan does not include a revision to the plan adopted after the effective date of this paragraph .... [revisor inserts date], unless the department certifies the revision under par. (b).

SB40,1218,14 (3) Certification of ordinances. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:

SB40,1218,16 1. The department may certify an exclusive agricultural use zoning ordinance or revision to an ordinance based on the certification under s. 91.78 (2) (d).

SB40,1218,18 2. The department may do any of the following before it determines whether to certify an exclusive agricultural use zoning ordinance or revision to an ordinance:

SB40,1218,19 a. Review the ordinance or revision for compliance with ss. 91.75 and 91.77.

SB40,1218,20 b. Review and audit the application for certification under s. 91.78 (2).

SB40,1218,23 (b) The department shall grant or deny an application for certification under s. 91.78 (2) in writing no later than the 90th day following receipt of a complete application, unless the county, city, village, or town agrees to an extension.

SB40,1219,2 (c) The department may grant an application for certification under s. 91.78 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county, city, village, or town does not make the required changes by a deadline specified by the department.

SB40, s. 2561 Section 2561. 91.13 (8) (fm) of the statutes is amended to read:

SB40,1219,7 91.13 (8) (fm) A statement in boldface uppercase type that contains the following language: "UPON RELINQUISHMENT (WITHDRAWAL OR EXPIRATION) OF FROM THIS AGREEMENT, A PAYBACK OF CREDITS WITH INTEREST PAYMENT TO THE STATE MAY BE REQUIRED."

SB40, s. 2562 Section 2562. 91.17 (1) of the statutes is amended to read:

SB40,1219,14 91.17 (1) Land subject to a farmland preservation agreement may be sold without a lien being filed payment being made under s. 91.19 (7m), subject to the reservation of rights contained in the agreement. The seller shall notify the department of any such transfer. The purchaser shall be liable under any subsequent lien under s. 91.19 only for the amount of tax credits paid on that portion of the land purchased.

SB40, s. 2563 Section 2563. 91.17 (2) of the statutes is amended to read:

SB40,1219,19 91.17 (2) When the owner of land subject to a farmland preservation agreement dies or is certified by a physician to be totally and permanently disabled, the land may be released from the program under this chapter and shall not be subject to a lien payment under s. 91.19 (8) (7m).

SB40, s. 2564 Section 2564. 91.17 (3) of the statutes is repealed.

SB40, s. 2565 Section 2565. 91.19 (2) (intro.) of the statutes is amended to read:

SB40,1219,25 91.19 (2) (intro.) The Subject to sub. (7m), the department may relinquish the farmland preservation agreement or may release part of the land from a farmland preservation agreement prior to the termination date contained in the instrument as follows:

SB40, s. 2566 Section 2566. 91.19 (3) of the statutes is amended to read:

SB40,1220,11 91.19 (3) If the request for relinquishment of the farmland preservation agreement or release of part of the land from the agreement is approved by the local governing body having jurisdiction, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the board department. The board department shall, within 60 days, upon consideration of the factors in sub. (2) (b) and (c) 2., approve or reject the application for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

SB40, s. 2567 Section 2567. 91.19 (5) of the statutes is amended to read:

SB40,1220,23 91.19 (5) If the application for relinquishment of the agreement or release of part of the land from the agreement is rejected by the local governing body having jurisdiction, the application shall be returned to the applicant with a written statement regarding the reasons for rejection. Within 30 days after receipt of the rejected application, the applicant may appeal the rejection to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request for relinquishment or release. If the board department approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

SB40, s. 2568 Section 2568. 91.19 (6p) of the statutes is repealed.

SB40, s. 2569 Section 2569. 91.19 (6s) (a) 1. of the statutes is amended to read:

SB40,1221,3 91.19 (6s) (a) 1. An application for release of the land, made by either the owner or the local unit of government, is approved by the local governing body having jurisdiction and the board department under the procedures of subs. (2) to (5).

SB40, s. 2570 Section 2570. 91.19 (6s) (b) of the statutes is amended to read:

SB40,1221,8 91.19 (6s) (b) If an owner of land subject to a farmland preservation agreement opposes an application brought by a local unit of government for release of that land, the owner may appeal the approval of that application by the local governing body having jurisdiction to the board department according to the procedures in par. (c).

SB40, s. 2571 Section 2571. 91.19 (6s) (c) of the statutes is amended to read:

SB40,1221,18 91.19 (6s) (c) If the application for release of any land from the agreement is approved by the local governing body having jurisdiction, the application shall be returned to the applicant, and a copy of the application to the owner, with a written statement regarding the reasons for approval. Within 30 days after receipt of a copy of the approved application, the owner may appeal the approval to the board department. The board department shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request to disapprove the release. If the board department approves the owner's appeal it shall notify the local governing body having jurisdiction.

SB40, s. 2572 Section 2572. 91.19 (6s) (d) of the statutes is amended to read:

SB40,1221,21 91.19 (6s) (d) The board department may waive its approval authority under this subsection for applications affecting less than 5 acres of land.

SB40, s. 2573 Section 2573. 91.19 (6t) of the statutes is amended to read:

SB40,1221,25 91.19 (6t) The Subject to sub. (7m), the department shall relinquish from a farmland preservation agreement land that has been subject to a farmland preservation agreement for at least 10 years if the owner of the land so requests.

SB40, s. 2574 Section 2574. 91.19 (7) of the statutes is repealed.

SB40, s. 2575 Section 2575. 91.19 (7m) of the statutes is created to read:

SB40,1222,7 91.19 (7m) (a) Except as provided in par. (b), the department may not relinquish a farmland preservation agreement under sub. (3), (5), or (6t) or release land from a farmland preservation agreement under sub. (3) or (5) until the owner pays to the department $100 per acre of land that is no longer covered by the farmland preservation agreement.

SB40,1222,9 (b) The payment under par. (a) does not apply to land that is zoned exclusively for agricultural use under an ordinance certified under subch. V.

SB40, s. 2576 Section 2576. 91.19 (8) to (13) of the statutes are repealed.

SB40, s. 2577 Section 2577. 91.21 (1) of the statutes is amended to read:

SB40,1222,19 91.21 (1) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter changes the use of the land to a prohibited use without first acting under ss. 91.17 and 91.19 and the land is not relinquished under s. 91.19 (6p) or (6t), the owner or successor in title may be enjoined by the state, acting through the attorney general, or by the local governing body having jurisdiction, acting through its attorney, and is subject to a civil penalty for actual damages, but in no case to exceed double the value of the land as established at the time the application for the agreement was approved.

SB40, s. 2578 Section 2578. 91.23 of the statutes is amended to read:

SB40,1222,25 91.23 Conversion. An owner under a farmland preservation agreement may at any time apply for a transition area agreement, and an owner under a transition area agreement may at any time apply for a farmland preservation agreement. If such an application is approved, the prior agreement shall be relinquished without a lien being filed payment being made under s. 91.19 (7m).

SB40, s. 2579 Section 2579. Subchapter III of chapter 91 [precedes 91.31] of the statutes is repealed.

SB40, s. 2580 Section 2580. 91.59 (title) of the statutes is amended to read:

SB40,1223,4 91.59 (title) Coordination; public comment.

SB40, s. 2581 Section 2581. 91.59 (2m) of the statutes is created to read:

SB40,1223,8 91.59 (2m) A county shall make a proposed agricultural preservation plan or revision to a plan available to the public for at least 30 days before the public hearing under s. 59.69 (3) (d) and shall accept comments from the public during that time.

SB40, s. 2582 Section 2582. 91.61 of the statutes is renumbered 91.61 (1) and amended to read:

SB40,1223,14 91.61 (1) Upon Before the effective date of this subsection .... [revisor inserts date], upon completion of a county agricultural preservation plans plan described in this subchapter, copies of the plan may be submitted to the board for review and certification under s. 91.06.

SB40, s. 2583 Section 2583. 91.61 (2) of the statutes is created to read:

SB40,1223,19 91.61 (2) Beginning on the effective date of this subsection .... [revisor inserts date], to apply for certification under s. 91.06 for a county agricultural preservation plan or a revision to the plan, a county shall submit all of the following to the department:

SB40,1223,20 (a) A copy of the plan or revision to the plan.

SB40,1223,22 (b) A description of how the plan or revision to the plan complies with ss. 91.51 to 91.59.

SB40,1223,23 (c) Other relevant information required by the department by rule.

SB40,1223,25 (d) A statement signed by the county corporation counsel certifying that the plan or revision to the plan complies with ss. 91.51 to 91.59.