AB40: Bill Text

AB40,757,21 (2) Program. (a) The department may administer a program to award grants of assistance to any political subdivision for transportation alternatives activities consistent with federal regulations promulgated under 23 USC 213. The grants shall be awarded from the appropriations under s. 20.395 (2) (js), (jv), and (jx).

AB40,757,25 (b) Any project for which a grant is awarded under par. (a) shall be commenced within 4 years from the date that the grant is awarded. For purposes of this paragraph, a planning project is commenced when a planning study is begun and an infrastructure project is commenced when construction is begun.

AB40,1561 Section 1561. 85.024 of the statutes is repealed.

AB40,1562 Section 1562. 85.026 of the statutes is repealed.

AB40,1563 Section 1563. 85.027 of the statutes is repealed.

AB40,1564 Section 1564. 85.029 of the statutes is repealed.

AB40,1565 Section 1565. 85.09 (2) (a) of the statutes is amended to read:

AB40,759,7 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05. In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

AB40,1566 Section 1566. 85.09 (4) of the statutes is amended to read:

AB40,761,6 85.09 (4) Acquisition and conveyance. Upon its own initiative, the department may determine at any time whether the rail property is abandoned, and whether it is in the best interest of the state to acquire the rail property. Within 90 days after being requested by any state agency, any railroad or any county or municipality in which the rail property is located, the department shall, subject to sub. (5) (b), make a determination of the abandonment status and, if found to be abandoned, shall determine whether it is in the best interest of the public to acquire the rail property. If it is determined to acquire the rail property or any part or interest therein, the department shall, within 180 days of the determination of its abandoned status, or the interstate commerce commission's final order permitting the abandonment, or the termination of any efforts to negotiate an agreement for continual operation of rail service on the line, whichever occurs last, determine the fair market value of the rail property and acquire the rail property at a price deemed reasonable by the department or make a relocation order under s. 32.05. In making its determination, the department shall consider long-range potential for use of the rail property for restoration of railroad service and for other transportation related purposes. The department shall solicit the opinions of appropriate state agencies, affected counties and municipalities and other interested persons. The department shall give due consideration to an expressed desire by a state agency or an affected county or municipality to acquire, in whole or in part, the rail property under consideration. Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1) and subject to sub. (6), all or part of any interest in abandoned rail property acquired by the department under this section or under s. 66.941 (7), 1975 stats., may be subsequently conveyed to another state agency or a county or municipality for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, or to a railroad for continued railroad transportation operations when the railroad has operated on the rail property for 5 years and the department may make such conveyances for such purposes. Any determination of the department under this section that rail property is not abandoned shall not preclude the undertaking of a subsequent investigation and determination concerning the same rail property or any portion thereof. If at any time subsequent to the acquisition of rail property under this section the department determines that the rail property is not suitable for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, or that the rail property or any interest therein may be conveyed to any other person on terms which are not inconsistent with the potential use of the rail property for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution or which yield a benefit, including financial benefits, to the state which outweighs the benefit derived from the rail property if used for transportational purposes, recreational purposes, scenic purposes or for the purpose of constructing a correctional institution, the department may convey the rail property or such interest therein, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1) and subject to sub. (6). The department shall give notice of its intention to make the conveyance, and state and local units of government shall have the first 6 months in which to exercise their opportunity to acquire the rail property or interest therein. The railroad from which the rail property was acquired shall have the next 6 months in which to exercise its opportunity to reacquire the rail property or interest therein.

AB40,1567 Section 1567. 85.09 (4i) of the statutes is amended to read:

AB40,761,18 85.09 (4i) Disposal of rail property. The department, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), 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. 16.310 (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.

AB40,1568 Section 1568. 85.15 (1) of the statutes is amended to read:

AB40,761,24 85.15 (1) The Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the department may improve, use, maintain or lease any property acquired for highway, airport or any other transportation purpose until the property is actually needed for any such purpose and may permit use of the property for purposes and upon such terms and conditions as the department deems in the public interest.

AB40,1569 Section 1569. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB40,762,15 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $66,585,600 for aid payable for calendar year 2010, $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year years 2012 and thereafter 2013 and, prorated, for the 1st quarter of calendar year 2014, 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 of $80,000,000 or more. From the appropriation under s. 20.395 (1) (hc), the department shall pay $61,724,900 for aid payable for calendar year 2015 and thereafter and, prorated, for the 2nd, 3rd, and 4th quarters of calendar year 2014, 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 of $80,000,000 or more. 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.

AB40,1570 Section 1570 . 85.20 (4m) (a) 6. cm. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB40,763,7 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $66,585,600 for aid payable for calendar year 2010, $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar years 2012 and 2013 and, prorated, for the 1st quarter of calendar year 2014, 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 of $80,000,000 or more. From the appropriation under s. 20.395 (1) (hc), the department shall pay $61,724,900 for aid payable for calendar year 2015 and thereafter and, prorated, for the 2nd, 3rd, and 4th quarters of calendar year 2014, 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 of $80,000,000 or more. 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.

AB40,1571 Section 1571. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB40,763,23 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $17,496,400 for aid payable for calendar year 2010, $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year years 2012 and thereafter 2013 and, prorated, for the 1st quarter of calendar year 2014, 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) (hd), the department shall pay $16,219,200 for aid payable for calendar year 2015 and thereafter, and, prorated, for the 2nd, 3rd, and 4th quarters of calendar year 2014, 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.

AB40,1572 Section 1572 . 85.20 (4m) (a) 6. d. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB40,764,15 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $17,496,400 for aid payable for calendar year 2010, $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar years 2012 and 2013 and, prorated, for the 1st quarter of calendar year 2014, 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) (hd), the department shall pay $16,219,200 for aid payable for calendar year 2015 and thereafter, and, prorated, for the 2nd, 3rd, and 4th quarters of calendar year 2014, 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.

AB40,1573 Section 1573. 85.20 (4m) (a) 6. e. of the statutes is amended to read:

AB40,764,21 85.20 (4m) (a) 6. e. From the appropriation under s. 20.395 (1) (hw) (he), the department may pay the uniform percentage for each eligible applicant for a commuter or light rail system that has been enumerated under s. 85.062 (3). An eligible applicant may not receive aid under subd. 6. cm. or d., 7., or 8. for a commuter rail or light rail transit system.

AB40,1574 Section 1574. 85.20 (4m) (a) 7. a. of the statutes is amended to read:

AB40,765,3 85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2000 2010 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.

AB40,1575 Section 1575 . 85.20 (4m) (a) 7. a. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB40,765,11 85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr) (ha), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2010 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.

AB40,1576 Section 1576. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB40,765,17 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $25,099,500 in calendar year 2010, $25,852,500 in calendar year 2011, and $23,267,200 in calendar year years 2012 and 2013 and $23,544,900 in calendar year 2014 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40,1577 Section 1577. 85.20 (4m) (a) 8. a. of the statutes is amended to read:

AB40,765,24 85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2000 2010 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.

AB40,1578 Section 1578 . 85.20 (4m) (a) 8. a. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB40,766,8 85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs) (hb), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2010 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.

AB40,1579 Section 1579. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB40,766,14 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,681,600 in calendar year 2010, $5,852,200 in calendar year 2011, and $5,267,000 in calendar year years 2012 and 2013 and $4,989,300 in calendar year 2014 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40,1580 Section 1580. 85.20 (4s) of the statutes is amended to read:

AB40,766,20 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hr), (hs), (ht), (hu), or (hw) (ha), (hb), (hc), (hd), or (he).

AB40,1581 Section 1581. 85.63 of the statutes is created to read:

AB40,766,23 85.63 Surveying reference station system. (1) The department shall administer a surveying reference station system consisting of all of the following:

AB40,766,25 (a) A passive system consisting of a network of monuments located throughout the state that are used to generate latitude, longitude, and elevation data.

AB40,767,4 (b) An active surveying reference station system consisting of reference stations statewide that continuously transmit global positioning system data to a system server, and the server that receives and processes the data received from the reference stations.

AB40,767,8 (2) The department may charge a fee for providing access to the system under sub. (1) in an amount to be established by rule. All fees received under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (3) (jg).

AB40,1582 Section 1582. 86.34 (title) of the statutes is amended to read:

AB40,767,10 86.34 (title) Flood Disaster damage aids.

AB40,1583 Section 1583. 86.34 (1) of the statutes is renumbered 86.34 (1m), and 86.34 (1m) (a) and (b), as renumbered, are amended to read:

AB40,767,21 86.34 (1m) (a) When any public highway , street, alley or bridge not on the state trunk highway system is damaged by flood a disaster, the county highway committee, or the governing body of the municipality having jurisdiction over the maintenance thereof of the highway, may adopt a petition for aid under this section and file a certified copy thereof of the petition with the department. To be eligible for aid the petition shall be filed not later than 2 months after the occurrence of the flood disaster damage, except as provided in par. (b). All such petitions shall state the dates on which the flood disaster damage occurred and as nearly as practical state the location, nature, and extent of the damage.

AB40,767,25 (b) The department may extend the filing deadline under par. (a) if it appears reasonably likely that federal disaster aid may be forthcoming or when widespread or continuous flooding disaster damage makes an evaluation of flood damage difficult.

AB40,1584 Section 1584. 86.34 (1g) of the statutes is created to read:

AB40,768,2 86.34 (1g) In this section:

AB40,768,6 (a) "Catastrophic highway failure" means the sudden failure of a major element or segment of the highway system due to a cause that is external to a highway, but does not include any failure primarily attributable to gradual and progressive deterioration or lack of proper maintenance of a highway.

AB40,768,7 (b) "Disaster" means any of the following:

AB40,768,9 1. A severe storm, flood, fire, tornado, mudslide, or other natural event external to a highway or a catastrophic highway failure.

AB40,768,12 2. An event or recurring damage caused by any governmental unit or person acting under the direction or approval of, or permit issued by, any governmental unit and in response to an event described in subd. 1.

AB40,768,15 (c) "Governmental unit" means the state or any state agency, as defined in s. 20.001 (1); any county, city, village, town, or other political subdivision of the state; or the federal government or any of its agencies.

AB40,768,17 (d) "Highway" means a highway, as defined in s. 340.01 (22), that is not on the state trunk highway system.

AB40,1585 Section 1585. 86.34 (2) of the statutes is amended to read:

AB40,769,13 86.34 (2) The department shall make such investigation as it deems necessary and within 6 months from the date of filing the petition shall make its determination as to the granting of aid, the amount thereof, and the conditions under which it is granted. In making its determination the department shall cause an estimate to be made of the cost of repairing or replacing the facilities damaged or destroyed by the flood to standards and efficiency similar to those previously existing immediately before the damage or destruction, and also an estimate of the cost of reconstructing the facilities to a higher type or improving any such facilities if determined to be warranted and advisable. Except as provided in sub. subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 1. shall be three-fourths 75 percent of the cost of repair or replacement to standards similar to those previously existing immediately before the damage or destruction, plus 50% of the increased cost of the reconstruction to a higher type or the improvement of any of the facilities. Except as provided in subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 2. shall be 70 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction. The department may revise estimates on the basis of additional facts. The county, town, village, or city shall pay the remainder of the cost not allowed as aid, but this shall not invalidate any other provision of the statutes whereby the cost may be shared by the county and the town, village, or city.

AB40,1586 Section 1586. 86.34 (2m) of the statutes is amended to read:

AB40,769,23 86.34 (2m) If Subject to sub. (6), if the department's estimate under sub. (2) of the cost of repair or improvement of the facilities determined by the department to be eligible for aid is $15,000 or less, the department shall offer the petitioner an amount of aid equal to 75% of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 1. or 70 percent of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 2. If the petitioner accepts aid under this subsection, the aid shall be paid to the petitioner or, subject to sub. (5), the county, and no other form of aid is available under this section for the repair or improvement of such facilities.

AB40,1587 Section 1587. 86.34 (6) of the statutes is created to read:

AB40,770,3 86.34 (6) The department may not pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, unless the payment of aid is approved by the governor.

AB40,1588 Section 1588. 93.02 of the statutes is amended to read:

AB40,770,10 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant deputy secretary, and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, executive assistant deputy secretary, or administrator shall be appointed by the secretary with the approval of the board.

AB40,1589 Section 1589. 93.135 (title) of the statutes is amended to read:

AB40,770,13 93.135 (title) License denial, nonrenewal, suspension or restriction based on failure to pay support or taxes.

AB40,1590 Section 1590. 93.135 (1) (rg) of the statutes is created to read:

AB40,770,15 93.135 (1) (rg) A certification or registration under s. 168.23 (3).

AB40,1591 Section 1591. 93.135 (4) of the statutes is created to read:

AB40,770,21 93.135 (4) The department shall deny an application for the issuance or renewal of certification or registration under s. 168.23 (3), or shall suspend or restrict such a certification or registration, if the department of revenue certifies under s. 73.0301 that the holder of the certification or registration is liable for delinquent taxes.

AB40,1592 Section 1592. 93.40 (1) (g) of the statutes is amended to read:

AB40,770,25 93.40 (1) (g) Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers and grants to persons operating processing plants.

AB40,1593 Section 1593. 93.60 of the statutes is repealed.

AB40,1594 Section 1594. 98.246 (1) of the statutes is amended to read:

AB40,771,4 98.246 (1) In this section, "petroleum products" has the meaning given under s. 168.03 168.01 (3).

AB40,1595 Section 1595. 101.02 (18m) of the statutes is renumbered 93.06 (1pm) and amended to read:

AB40,771,14 93.06 (1pm) Testing of petroleum products. The department may perform, or contract for the performance of, testing of petroleum products other than testing provided under ch. 168. The department may establish a schedule of fees for such petroleum product testing services. The department shall credit all revenues received from fees established under this subsection to the appropriation account under s. 20.165 (2) (ga) 20.115 (1) (gc). Revenues from fees established under this subsection may be used by the department to pay for testing costs, including laboratory supplies and equipment amortization, for such products.

AB40,1596 Section 1596. 101.02 (18r) of the statutes is created to read:

AB40,771,18 101.02 (18r) The department shall promulgate a rule specifying fees for plan reviews relating to the storage, handling, or use of flammable or combustible liquids or federally regulated hazardous substances, as defined in s. 168.21 (3).

AB40,1597 Section 1597. 101.02 (20) (a) of the statutes is amended to read:

AB40,772,2 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.

AB40,1598 Section 1598. 101.02 (21) (a) of the statutes is amended to read:

AB40,772,10 101.02 (21) (a) In this subsection, "license" means a license, permit, or certificate of certification or registration issued by the department for an occupation or profession under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.147, 101.15 (2) (e), 101.16 (3g), 101.17, 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.96 (2), 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18, or 167.10 (6m) or under rules promulgated under ch. 101 or 145.