(b) For the distribution in 2005 and subsequent years, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under par. (a) in 2004 prior to the reductions under s. 79.036.
109,244f
Section 244f. 79.036 of the statutes is created to read:
79.036 Consolidation incentive payment. (1) (a) In 2004 and subsequent years, counties and municipalities that agree to consolidate county or municipal services may receive payments under sub. (2), if such counties and municipalities submit a copy of the consolidation agreement to the department of revenue no later than September 1 of the year preceding the effective date of the consolidation and the department approves the payment.
(b) A consolidation agreement submitted under par. (a) shall include an estimate of the savings to each county or municipality that is subject to the agreement that will result from the consolidation of services.
(c) No later than September 15 of each year, the department of revenue shall review any agreement submitted under par. (a) and determine whether each county or municipality that is subject to the agreement will receive a payment under sub. (2).
(d) The department of revenue shall consider a consolidation ordinance under s. 66.0229 to be an agreement to consolidate municipal services for purposes of this subsection.
(2) (a) Subject to review and approval under sub. (1) (c) and the limitations provided under this subsection, each county and municipality that is eligible for a payment under this section shall receive one payment in the first year of the consolidation specified in the agreement submitted under sub. (1) (a) that is equal to 75% the estimated savings to each such county or municipality that result from the consolidation. No county or municipality may receive more than one payment under this section related to the same consolidation agreement.
(b) The total amount of all payments under par. (a) distributed in each year may not exceed $45,000,000. If in any year the department of revenue calculates that the total amount of all payments under par. (a) exceeds $45,000,000, each county and municipality that is eligible to receive a payment under par. (a) shall receive a payment that is reduced in proportion to the county's or municipality's share of the total payments under par. (a) so that the total amount of all such payments is no more than $45,000,000.
(3) Beginning with distributions in 2004, the payments under s. 79.035 to be distributed to each county and municipality shall be reduced in proportion to the county's or municipality's share of all payments under s. 79.035 in each year so that the total amount of all payments under s. 79.035 is reduced by the total amount to be distributed under sub. (2) in that year.
79.04 (1) (intro.) Annually, ending with the distributions in 2003, the department of administration, upon certification by the department of revenue, shall distribute to a municipality having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat, or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the production plant is owned or operated by a local governmental unit located outside of the municipality, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 the amount determined as follows:
79.04 (2) (a) Annually, ending with the distributions in 2003, the department of administration, upon certification by the department of revenue, shall distribute from the shared revenue account to any county having within its boundaries a production plant or a general structure, including production plants and general structures under construction, used by a light, heat, or power company assessed under s. 76.28 (2) or 76.29 (2), except property described in s. 66.0813 unless the production plant is owned or operated by a local governmental unit that is located outside of the municipality in which the production plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48, respectively, or by a municipal electric company under s. 66.0825 an amount determined by multiplying by 6 mills in the case of property in a town and by 3 mills in the case of property in a city or village the first $125,000,000 of the amount shown in the account, plus leased property, of each public utility except qualified wholesale electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding year for either "production plant, exclusive of land" and "general structures", or "work in progress" for production plants and general structures under construction, in the case of light, heat, and power companies, electric cooperatives
, or municipal electric companies, for all property within the municipality in accordance with the system of accounts established by the public service commission or rural electrification administration, less depreciation thereon as determined by the department of revenue and less the value of treatment plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as determined by the department of revenue plus an amount from the shared revenue account determined by multiplying by 6 mills in the case of property in a town, and 3 mills in the case of property in a city or village, of the total original cost of production plant, general structures, and work-in-progress less depreciation, land, and approved waste treatment facilities of each qualified wholesale electric company, as defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property within the municipality. The total of amounts, as depreciated, from the accounts of all public utilities for the same production plant is also limited to not more than $125,000,000. The amount distributable to a county in any year shall not exceed $100 times the population of the county.
109,247
Section 247. 79.04 (4) (a) of the statutes is amended to read:
79.04 (4) (a) Annually, ending with the distributions in 2003, in addition to the amount distributed under sub. (1), the department of administration shall distribute $50,000 to a municipality if spent nuclear fuel is stored within the municipality on December 31 of the preceding year. If a spent nuclear fuel storage facility is located within one mile of a municipality, that municipality shall receive $10,000 annually and the municipality where that storage facility is located shall receive $40,000 annually.
109,248
Section 248. 79.04 (4) (b) of the statutes is amended to read:
79.04 (4) (b) Annually, ending with the distributions in 2003, in addition to the amount distributed under sub. (2), the department of administration shall distribute $50,000 to a county if spent nuclear fuel is stored within the county on December 31 of the preceding year. If a spent nuclear fuel storage facility is located at a production plant located in more than one county, the payment shall be apportioned according to the formula under sub. (1) (c) 2., except that the formula, as it applies to municipalities in that subdivision, applies to counties in this paragraph. The payment under this paragraph may not be less than $10,000 annually.
109,249
Section 249. 79.04 (5) of the statutes is created to read:
79.04 (5) Beginning in 2004, no municipality or county may receive a payment under subs. (1) and (2).
109,250
Section 250. 79.05 (2) (intro.) of the statutes is amended to read:
79.05 (2) (intro.) A Ending with the distributions in 2003, a municipality is eligible for a payment under sub. (3) if it fulfills all of the following requirements:
109,251
Section 251. 79.05 (7) of the statutes is created to read:
79.05 (7) Beginning in 2004, no municipality may receive a payment under this section.
109,252
Section 252. 79.058 (1) of the statutes is amended to read:
79.058 (1) Each Ending with the distributions in 2003, each county is entitled to a mandate relief payment equal to the per person distribution under sub. (2) times the county's population for the year in which the statement under s. 79.015 is provided as determined under s. 16.96 (2).
79.058 (3) (d) In 2002, $20,971,400, less amounts paid from the appropriation account under s. 20.855 (4) (rb).
79.058 (3) (e) In 2003 and subsequent years, $21,181,100.
109,255
Section 255. 79.058 (4) of the statutes is created to read:
79.058 (4) Beginning in 2004, no county may receive a payment under this section.
109,256b
Section 256b. 79.06 (1) (b) of the statutes is amended to read:
79.06 (1) (b) If Ending with the distributions in 2003, if the payments to any municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in 1986 or any year thereafter are less than 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), for the previous year, the municipality or county has an aids deficiency. The amount of the aids deficiency is the amount by which 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year exceeds the payments to the municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in the current year.
109,256d
Section 256d. 79.06 (1) (c) of the statutes is amended to read:
79.06 (1) (c) A Ending with the distributions in 2003, a municipality or county that has an aids deficiency shall receive a payment from the amounts withheld under sub. (2) equal to its proportion of all the aids deficiencies of municipalities or counties respectively for that year.
79.06 (2) (b) If Ending with the distributions in 2003, if the payments to a municipality or county, except any county in which there are no cities or villages, or any county created in the year 1846 or 1847, with a population in the year 1990 greater than 16,000 but less than 17,000, as determined by the 1990 federal decennial census, in any year exceed its combined payments under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under sub. (1) (c).
109,257
Section 257. 79.06 (3) of the statutes is created to read:
79.06 (3) Sunset. Beginning in 2004, no municipality or county may receive a payment under this section.
109,258pr
Section 258pr. 84.013 (1) (a) (intro.) of the statutes is amended to read:
84.013 (1) (a) (intro.) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state or a southeast Wisconsin freeway rehabilitation project under s. 84.014, which has a total cost of more than $5,000,000 and which involves any of the following:
84.013 (2) (a) Subject to s. ss. 84.555 and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (4) (jq) and 20.866 (2) (ur) to (uu) (uum).
(b) Except as provided in ss. 84.014 and, 84.03 (3), and 84.555, and subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under s. 20.395 (3) (cq) to (cx).
84.014 (2) Notwithstanding s. 84.013 and subject Subject to s. ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under s.
ss. 20.395 (3) (cr), (cw), and (cy) and 20.866 (2) (uum).
109,258ptg
Section 258ptg. 84.014 (5) of the statutes is created to read:
84.014 (5) The department shall design the reconstruction of I 94 in Milwaukee and Waukesha counties, other than the Marquette interchange, to allow for expansion of capacity for vehicular traffic on I 94 in these counties to meet the projected vehicular traffic capacity needs, as determined by the department, for 25 years following the completion of such reconstruction.
109,258pu
Section 258pu. 84.014 (5m) of the statutes is created to read:
84.014 (5m) (a) Notwithstanding any other provision of this section, the department may not expend any moneys from the appropriations under s. 20.395 (3) (cr), (cw), and (cy) for a southeast Wisconsin freeway rehabilitation project that involves adding one or more lanes 5 miles or more in length to the existing freeway unless the project is specifically enumerated in a list under par. (b).
(b) The department may proceed with the following southeast Wisconsin freeway rehabilitation projects:
1. No projects are enumerated under this paragraph as of the effective date of this subdivision .... [revisor inserts date].
109,258pur
Section 258pur. 84.02 (15) of the statutes is created to read:
84.02 (15) Traffic control signal emergency preemption devices. (a) In this subsection:
1. "Additional cost" means the difference in cost between installation of a traffic control signal that is equipped with an emergency preemption device and confirmation signal and installation of a traffic control signal that is not so equipped, and includes the difference in incidental costs such as electrical wiring.
2. "Authorized emergency vehicle" has the meaning given in s. 340.01 (3) (a), (c), (g), or (i).
3. "Confirmation signal" means a white signal, located on or near a traffic control signal equipped with an emergency preemption device, that is designed to be visible to the operator of an approaching authorized emergency vehicle and that confirms to the operator that the emergency preemption device has received a transmission from the operator.
4. "Emergency preemption device" means an electrical device, located on or within a traffic control signal, that is designed to receive an electronic, radio, or sonic transmission from an approaching authorized emergency vehicle that alters the normal sequence of the traffic control signal to provide or maintain a green signal for the authorized emergency vehicle to proceed through the intersection.
5. "Political subdivision" means a county, city, village, or town.
6. "Traffic control signal" means any electrical device by which traffic is alternately directed to stop and permitted to proceed by means of exhibiting different colored lights successively.
(b) Before the department installs a new traffic control signal on a state trunk highway within the corporate limits of any political subdivision, the department shall do all of the following:
1. Notify the political subdivision of the planned traffic control signal installation.
2. Notify the political subdivision of the additional cost of equipping the traffic control signal with an emergency preemption device and confirmation signal.
3. Provide the political subdivision with the opportunity to request that the traffic control signal be equipped with an emergency preemption device and confirmation signal.
(c) If any political subdivision requests under par. (b) 3. that the department equip the traffic control signal with an emergency preemption device and confirmation signal, and one or more political subdivisions contributes a total of 50% of the additional cost specified under par. (b) 2., the department shall equip the traffic control signal with an emergency preemption device and confirmation signal when the department installs the traffic control signal.
(d) Notwithstanding pars. (b) and (c), this subsection does not prohibit the department from installing on any state trunk highway, at the department's expense, any traffic control signal equipped with an emergency preemption device and confirmation signal. The department may install a new traffic control signal equipped with an emergency preemption device and confirmation signal under this paragraph without providing notice and an opportunity to respond under par. (b) to any political subdivision. The department shall install a confirmation signal with every new emergency preemption device installed by the department under this paragraph.
(e) Any new traffic control signal installed by the department after the effective date of this paragraph .... [revisor inserts date], that is not equipped with an emergency preemption device shall include all electrical wiring necessary to equip the traffic control signal with an emergency preemption device and confirmation signal.
(f) The department shall promulgate rules to implement and administer this subsection. The rules shall include procedures and deadlines for the department's notification of political subdivisions, and for political subdivisions' requests and contributions to the department, under this subsection.
109,258puv
Section 258puv. 84.03 (2) (c) of the statutes is amended to read:
84.03 (2) (c) After receiving a plan under par. (b) 1., the cochairpersons of the joint committee on finance jointly shall determine whether the plan is complete. If the joint committee on finance meets and either approves or modifies and approves a plan submitted under par. (b) 1. within 14 days after the cochairpersons determine that the plan is complete, the secretary shall implement the plan as approved by the committee. If the joint committee on finance does not meet and either approve or modify and approve a plan submitted under par. (b) 1. within 14 days after the cochairpersons determine that the plan is complete, the secretary shall implement the proposed plan. If the joint committee on finance approves a plan under s. 84.555 for a state fiscal year, the joint committee on finance may modify a plan implemented under this paragraph for that fiscal year.
109,258puw
Section 258puw. 84.09 (9) of the statutes is created to read:
84.09 (9) Subsections (5), (5m), and (6) do not apply to state surplus property that is directed to be sold under 2001 Wisconsin Act .... (this act), section 9107 (1b).
109,258pux
Section 258pux. 84.185 (3m) of the statutes is created to read:
84.185 (3m) Review of applications. The department shall accept, review, and make determinations on applications for assistance under this section on a continuing, year-round basis. The department shall make a determination on each application for assistance under this section within a reasonable time after its receipt by the department.
109,258pv
Section 258pv. 84.30 (10m) of the statutes is amended to read:
84.30 (10m) Annual permit fee requirement. The department may promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. The rule shall specify that no permit fee may be charged for an off-premises advertising sign that is owned by a nonprofit organization. If the department establishes an annual permit fee under this subsection, failure to pay the fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. TRANS 201.10 (2) (f), Wis. Adm. Code.
109,258pw
Section 258pw. 84.555 of the statutes is created to read:
84.555 Additional funding of major highway and rehabilitation projects. (1) Notwithstanding ss. 84.51 and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, southeast Wisconsin freeway rehabilitation projects under s. 84.014, and state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq), may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) if all of the following conditions are satisfied:
(a) The department's most recent estimate of the amount of federal funds, as defined in s. 84.03 (2) (a) 1., that the department will be appropriated under s. 20.395 in the current state fiscal year is less than 95% of the amount of federal funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriations under s. 20.395 in that fiscal year.
(b) The secretary has submitted a plan to the joint committee on finance for the use of proceeds of general obligation bonds issued under s. 20.866 (2) (uum) and the joint committee on finance has approved the plan, except that the secretary may not submit, and the joint committee on finance may not approve, a plan for the use of an amount of proceeds of general obligation bonds that exceeds the difference between the amount of federal funds, as defined in s. 84.03 (2) (a) 1., actually available to the department to be appropriated under s. 20.395 in the current state fiscal year and the amount of federal funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriations under s. 20.395 in that fiscal year.
(2) The joint committee on finance may approve, or modify and approve, a plan received under sub. (1) (b) using the procedure specified in s. 84.03 (2) (c). No plan submitted under sub. (1) (b) may be implemented unless the joint committee on finance has approved, or modified and approved, the plan.
(3) The secretary may submit a plan under sub. (1) (b) at any time during a state fiscal year after the condition specified in sub. (1) (a) is satisfied for that fiscal year.
109,258x
Section 258x. 85.07 (7) (c) of the statutes is created to read:
85.07
(7) (c) Notwithstanding par. (b), the department shall, in each fiscal year, expend federal funds available under
23 USC 152 for hazard elimination projects that reduce the response time of emergency vehicles regardless of reduction in motor vehicle accidents.
85.12 (3) The department may contract with any local governmental unit, as defined in s. 22.01 16.97 (7), to provide that local governmental unit with services under this section.
109,259
Section 259. 86.192 (4) of the statutes is amended to read:
86.192 (4) Any person who violates this section shall be fined not more than $10,000 or imprisoned for not more than 3 years or both is guilty of a Class H felony if the injury, defacement or removal causes the death of a person.
109,259g
Section 259g. 86.312 (2) (a) of the statutes is amended to read:
