2001 Wisconsin Act 16

79.10 (6m) (a) If Except as provided in pars. (b) and (c), if the department of administration or the department of revenue determines by October 1 of the year of any distribution under subs. (4) and (5) that there was an overpayment or underpayment made in that year's distribution by the department of administration to municipalities, as determined under subs. (4) and (5), because of an error by the department of administration, the department of revenue or any municipality, the overpayment or underpayment shall be corrected as provided in this subsection paragraph. Any overpayment shall be corrected by reducing the subsequent year's distribution, as determined under subs. (4) and (5), by an amount equal to the amount of the overpayment. Any underpayment shall be corrected by increasing the subsequent year's distribution, as determined under subs. (4) and (5), by an amount equal to the amount of the underpayment. Corrections shall be made in the distributions to all municipalities affected by the error. Corrections shall be without interest.

16,2293 Section 2293. 79.10 (6m) (b) of the statutes is created to read:

79.10 (6m) (b) If, after March 1 of the year of any distribution under sub. (5), a municipality discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an overpayment of that year's distribution to the municipality, as determined under sub. (5), the municipality shall correct the error and notify the department of revenue of the correction on a form that the department prescribes. If, after March 1 of the year of any distribution under sub. (5), the department of administration or the department of revenue discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an overpayment of that year's distribution to the municipality, as determined under sub. (5), the department of administration or the department of revenue shall notify the municipality and the municipality shall correct the error. The municipality may pay the amount of the overpayment to the department of revenue and, if the municipality chooses to make such a payment, shall submit the payment with the form prescribed under this paragraph. If the municipality does not pay the amount of the overpayment, the department of administration may collect the amount of the overpayment as a special charge to the municipality or may correct the overpayment as provided under par. (a). Payments under this paragraph shall be without interest and shall be deposited in the lottery fund.

16,2294 Section 2294. 79.10 (6m) (c) of the statutes is created to read:

79.10 (6m) (c) If, after March 1 of the year of any distribution under sub. (5), a municipality discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an underpayment of that year's distribution to the municipality, as determined under sub. (5), the municipality shall correct the error and notify the department of revenue on a form that the department prescribes. If, after March 1 of the year of any distribution under sub. (5), the department of administration or the department of revenue discovers an error in the notice that the municipality furnished under sub. (1m) that resulted in an underpayment of that year's distribution to the municipality, as determined under sub. (5), the department of administration or the department of revenue shall notify the municipality and the municipality shall correct the error. The department of revenue may either pay the amount of the underpayment to the municipality, from the appropriation under s. 20.835 (3) (q), or correct the underpayment as provided under par. (a). Payments under this paragraph shall be without interest.

16,2294ec Section 2294ec. 79.10 (10) (bm) of the statutes is renumbered 79.10 (10) (bm) 1. and amended to read:

79.10 (10) (bm) 1. A person who is eligible for a credit under sub. (9) (bm) but whose property tax bill does not reflect the credit may claim the credit by applying to the treasurer of the taxation district in which the property is located for the credit under par. (a) by January 31 following the issuance of the person's property tax bill. The treasurer of the taxation district in which the property is located shall compute the amount of the credit; subtract the amount of the credit from the person's property tax bill; notify the person of the reduced amount of the property taxes due; issue a refund to the person if the person has paid the property taxes in full; and enter the person's property on the next tax roll as property that qualifies for a lottery and gaming credit. Claims made under this paragraph subdivision become invalid when claims made under par. (a) become invalid.

16,2294ee Section 2294ee. 79.10 (10) (bm) 2. of the statutes is created to read:

79.10 (10) (bm) 2. A person who may apply for a credit under subd. 1. but who does not timely apply for the credit under subd. 1. may apply to the department of revenue no later than October 1 following the issuance of the person's property tax bill. Subject to review by the department, the department shall compute the amount of the credit; issue a check to the person in the amount of the credit; and notify the treasurer of the county in which the person's property is located or the treasurer of the taxation district in which the person's property is located, if the taxation district collects taxes under s. 74.87. The treasurer shall enter the person's property on the next tax roll as property that qualifies for a lottery and gaming credit. Claims made under this subdivision become invalid when claims made under par. (a) become invalid.

16,2294eg Section 2294eg. 79.10 (10) (bn) of the statutes is renumbered 79.10 (10) (bn) 1. and amended to read:

79.10 (10) (bn) 1. If a person who owns and uses property as specified under sub. (1) (dm), as of the certification date under par. (a), transfers the property after the certification date, the transferee may apply to the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87, to the treasurer of the city in which the property is located for the credit under sub. (9) (bm) on a form prescribed by the department of revenue. The transferee shall attest that, to the transferee's knowledge, the transferor used the property in the manner specified under sub. (1) (dm) as of the certification date under par. (a). A claim that is made under this paragraph subdivision is valid for the year in which the property is transferred.

16,2294eh Section 2294eh. 79.10 (10) (bn) 2. of the statutes is created to read:

79.10 (10) (bn) 2. A person who is eligible for a credit under subd. 1. but whose property tax bill does not reflect the credit may claim the credit by applying to the treasurer of the taxation district in which the property is located for the credit by January 31 following the issuance of the person's property tax bill. Claims made after January 31, but no later than October 1 following the issuance of the person's property tax bill, shall be made to the department of revenue. Paragraph (bm), as it applies to processing claims made under that paragraph, applies to processing claims made under this subdivision, except that a claim that is made under this subdivision is valid for the year in which the person took possession of the transferred property under subd. 1.

16,2294j Section 2294j. 80.05 (2) (b) of the statutes is amended to read:

80.05 (2) (b) Give notice by registered mail to the department of natural resources, to the department of forestry and to the county land conservation committee in each county through which the highway may pass.

16,2294m Section 2294m. 80.39 (2) of the statutes is amended to read:

80.39 (2) Notice. Upon such petition the county board or the commissioners appointed by the board shall give notice of the time and place they will meet to decide on the petition. The notice shall be published as a class 2 notice, under ch. 985. The notice shall also be given to the department secretary of natural resources by serving a copy upon the secretary of natural resources and to the secretary of forestry either by registered mail or personally. If the board appoints a committee to act, the notice shall state the fact and the notice shall be signed by the commissioners, otherwise by the chairperson of the board.

16,2294p Section 2294p. 81.01 (3) (intro.) of the statutes is amended to read:

81.01 (3) (intro.) Provide machinery, implements, material, and equipment needed to construct, maintain, and repair said highways and bridges, and for that purpose may acquire by purchase or by condemnation in the manner provided by ch. 32 gravel pits and stone quarries, but the total sum spent under this subsection shall not exceed $10,000 in any year for construction, maintenance, and repair of highways and bridges may not exceed the product of $5,000 multiplied by the miles of highway under the jurisdiction of the town measured by the most recent highway mileage for the town, as determined under s. 86.302, unless one of the following occurs:

16,2294pc Section 2294pc. 81.01 (3) (b) of the statutes is amended to read:

81.01 (3) (b) The town board, by resolution, submits to the electors of the town as a referendum at a general or special town election the question of exceeding the $10,000 limit set under this subsection. A copy of the resolution shall be filed as provided in s. 8.37. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:

Shall the town of ... .... spend $... $.... over the annual limit of $10,000 the product of $5,000 multiplied by the miles of highway under the jurisdiction of the town measured by the most recent highway mileage for the town, as determined under section 86.302 of the Wisconsin Statutes, for the construction, maintenance, and repair of its highways and bridges?

FOR SPENDING ⍽ AGAINST SPENDING ⍽

16,2294pe Section 2294pe. 84.001 (1r) of the statutes is created to read:

84.001 (1r) "Intelligent transportation system" means a specialized computer system or other electronic, information processing, communication, or technical system, including roadway detector loops, closed circuit television, permanent variable message signs, or ramp meters, that is used to improve the efficiency or safety of a surface transportation system.

16,2294pm Section 2294pm. 84.01 (17) of the statutes is amended to read:

84.01 (17) Improvements for next 6 years. In each odd-numbered year, the department of transportation shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to February 1 of each even-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of natural resources, to the department of forestry and to the department of agriculture, trade and consumer protection.

16,2295 Section 2295. 84.01 (31) of the statutes is created to read:

84.01 (31) Accommodation of utility facilities within highway rights-of-way. Notwithstanding ss. 84.06 (4), 84.063, 84.065, and 84.093, the department may, upon finding that it is feasible and advantageous to the state, negotiate and enter into an agreement to accept any plant or equipment used for the conveyance, by wire, optics, radio signal, or other means, of voice, data, or other information at any frequency over any part of the electromagnetic spectrum, or to accept any services associated with the collection, storage, forwarding, switching, and delivery incidental to such communication, as payment for the accommodation of a utility facility, as defined in s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, and 16.754 apply to such agreement.

16,2296 Section 2296. 84.01 (32) of the statutes is created to read:

84.01 (32) Confidentiality of bidder information. (a) The department may not disclose to any person any information requested by the department for the purpose of complying with 49 CFR 26, as that section existed on October 1, 1999, that relates to an individual's statement of net worth, a statement of experience, or a company's financial statement, including the gross receipts of a bidder.

(b) This subsection does not prohibit the department from disclosing information to any of the following persons:

1. The person to whom the information relates.

2. Any person who has the written consent of the person to whom the information relates to receive such information.

3. Any person to whom 49 CFR 26, as that section existed on October 1, 1999, requires or specifically authorizes the department to disclose such information.

16,2296m Section 2296m. 84.01 (33) of the statutes is created to read:

84.01 (33) Transportation funding report. By January 15, 2003, and biennially thereafter, the department shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committee dealing with transportation matters in each house of the legislature that shows transportation revenues and the funding for transportation programs for at least 15 years preceding the report, including changes to funding levels following the enactment of biennial budget bills and an explanation of major changes in the funding levels for appropriations included in the most recent biennial budget act.

16,2296p Section 2296p. 84.01 (34) of the statutes is created to read:

84.01 (34) Stillwater Bridge project. (a) Not later than April 1, 2002, the department shall develop and submit to the joint committee on finance a proposal specifying the amount of anticipated expenditures to be made by the department for mitigation in connection with the Stillwater Bridge project across the St. Croix River between Houlton in St. Croix County and Stillwater, Minnesota.

(b) If, after submission of the proposal under par. (a), the department determines that it will exceed the amount of anticipated expenditures specified in the proposal under par. (a), the department shall submit to the joint committee on finance a proposal for the additional amount of anticipated expenditures for mitigation in connection with the project.

16,2297 Section 2297. 84.013 (2) (a) of the statutes is amended to read:

84.013 (2) (a) Subject to s. ss. 84.59 (1) 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).

16,2298 Section 2298. 84.013 (2) (b) of the statutes is amended to read:

84.013 (2) (b) Subject Except as provided in ss. 84.014 and 84.03 (3) 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).

16,2299 Section 2299. 84.013 (3) (a), (b), (c), (d), (e), (em), (f), (g), (h), (i), (j), (k), (L), (m), (n), (o), (p), (q), (r), (s), (t), (tj), (u), (v), (vc), (vg), (vL), (vp), (vt), (vx), (w), (wr), (x), (xf), (xo), (xs), (xw), (xy), (y), (yb), (yf), (yk), (yo), (ys), (yw), (yy) and (z) of the statutes are repealed.

16,2300 Section 2300. 84.013 (3) (pe) of the statutes is created to read:

84.013 (3) (pe) STH 17 extending approximately 3.25 miles from the intersection of STH 17 and Birchwood Drive to USH 8 approximately 0.16 miles east of Germond Road, designated as the Rhinelander relocation, in Oneida County.

16,2301 Section 2301. 84.013 (3) (pm) of the statutes is created to read:

84.013 (3) (pm) STH 26 extending approximately 48 miles between I 90 in Janesville and STH 60 north of Watertown in Rock, Jefferson, and Dodge counties.

16,2302 Section 2302. 84.013 (3) (ps) of the statutes is created to read:

84.013 (3) (ps) I 39/USH 51 extending approximately 8 miles from south of Fox Glove Road to north of Bridge Street, designated as the Wausau beltline, in Marathon County.

16,2302c Section 2302c. 84.013 (3m) (d) of the statutes is created to read:

84.013 (3m) (d) In constructing the major highway project specified under sub. (3) (ac), the department shall construct USH 12, as designated on the effective date of this paragraph .... [revisor inserts date], between Fern Dell Road and Old Highway 33 in Sauk County to 5 lanes, and the department may not require a matching fund contribution from any city, village, town, or county for this construction.

16,2302e Section 2302e. 84.013 (3m) (e) of the statutes is created to read:

84.013 (3m) (e) The major highway project specified under sub. (3) (tp) shall include an interchange, with grade separation at each interchange ramp, at the intersection of STH 57 and CTH "P" in Brown County.

16,2302g Section 2302g. 84.013 (3m) (f) of the statutes is created to read:

84.013 (3m) (f) The major highway project specified under sub. (3) (ai) shall include an interchange, with grade separation at each interchange ramp, at the intersection of USH 141 and CTH "B" in Marinette County.

16,2302gg Section 2302gg. 84.013 (3m) (g) of the statutes is created to read:

84.013 (3m) (g) The department shall complete any major highway project involving USH 10 from Marshfield to Stevens Point in Portage and Wood counties by December 31, 2013.

16,2302k Section 2302k. 84.013 (6g) of the statutes is created to read:

84.013 (6g) Notwithstanding s. 13.489 (1m) the department shall conduct a study of the STH 11/USH 14 transportation corridor between Janesville and I 43 in Rock and Walworth counties to evaluate alternatives to improve the capacity and safety of transportation in the corridor. The department shall consult with local units of government to determine the design and methodology of the study, and shall cooperate with the city of Janesville and the counties of Rock and Walworth in completing the study. If the department concludes after the study that improvements in the corridor require construction of a major highway project on STH 11 and USH 14, the department shall include the project in its report submitted to the transportation projects commission under s. 13.489 (2) no later than September 15, 2004, for review by the commission under s. 13.489 (4).

16,2302m Section 2302m. 84.013 (10) of the statutes is created to read:

84.013 (10) By June 1, 2002, and annually thereafter, the department shall submit a report that shows the current schedule for the construction of major highway projects enumerated under sub. (3), including the projected expenditures in each fiscal year for each major highway project, to the transportation projects commission and to the chief clerk of each house of the legislature for distribution to the appropriate standing committee dealing with transportation matters in each house of the legislature.

16,2303b Section 2303b. 84.014 of the statutes is created to read:

84.014 Southeast Wisconsin freeway rehabilitation; Marquette interchange reconstruction project. (1) In this section:

(a) "Interim repair" means any improvement not specified in a notice given under s. 84.01 (17) that is needed to remedy unanticipated roadway deficiencies.

(b) "Marquette interchange" means all highways, including ramps and shoulders, encompassing I 43, I 94, and I 794 in Milwaukee County within the area bordered by 25th Street to the west, North Avenue to the north, the southern end of Burnham Canal to the south, and the Milwaukee River to the east.

(c) "Reconstruction" means the rebuilding of highways and bridges, including improvements to enhance highway safety, design, or capacity. The term includes activities associated with such rebuilding, including design engineering, traffic mitigation, property acquisition, and utility facility relocation. The term does not include interim repairs.

(d) "Rehabilitation" means the reconditioning, reconstruction, or resurfacing, as defined in s. 84.013 (1) (b) to (d), of a freeway or the adding of one or more lanes to the freeway, and includes interim repairs.

(e) "Southeast Wisconsin freeway" means a state trunk highway, located in Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, or Waukesha county, that has 4 or more lanes of traffic physically separated by a median or barrier and that gives preference to through traffic by limiting access to interchanges only.

(2) Notwithstanding s. 84.013 and subject to s. 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project, may be funded only from the appropriations under s. 20.395 (3) (cr), (cw), and (cy).

(3) The department may not expend from the appropriations under s. 20.395 (3) (cr) and (cy) more than $160,643,900 in the 2001-03 fiscal biennium , or more than $45,918,500 in any fiscal year thereafter, for the Marquette interchange reconstruction project, unless the expenditure of more funds is approved or modified and approved by the joint committee on finance under sub. (5). From funds that would otherwise be expended from the appropriations under s. 20.395 (3) (cr) and (cy) for other southeast Wisconsin freeway rehabilitation projects, the department may exceed the expenditure limit for the 2001-03 fiscal biennium or for a fiscal year thereafter to meet project deadlines if the department makes a reduction in subsequent allocations for the Marquette interchange reconstruction project that is equal to the amount by which the applicable expenditure limit was exceeded.

(4) The department may transfer the funding of southeast Wisconsin freeway rehabilitation projects between the appropriations for s. 20.395 (3) (cr) and (cy) to minimize project costs.

(5) The department may not take any of the following actions unless the action is approved or modified and approved by the joint committee on finance under s. 13.101:

(a) Transfer any funds from the appropriations under s. 20.395 (3) (cq), (cv), and (cx) to the appropriations under s. 20.395 (3) (cr), (cw), and (cy).

(b) Except as otherwise provided in this section and 2001 Wisconsin Act .... (this act), section 9152 (5w), make any other adjustments to the appropriations under s. 20.395 (3) (cr), (cw), and (cy) or to the allocations for the Marquette interchange reconstruction project.

(6) The department shall submit its proposed relocation assistance agreement with Aldrich Chemical Company, Inc., in the city of Milwaukee that is associated with the Marquette interchange reconstruction project to the joint committee on finance. The proposed relocation assistance agreement shall include a designation of the relative responsibilities of each party to the agreement with respect to remediation of any environmental contamination on the property. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submission that the committee has scheduled a meeting to review the proposed agreement, the department may enter into the proposed agreement. If, within 14 working days after the date of the department's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed agreement, the department may enter into the proposed agreement only upon approval of the committee.

(7) The Marquette interchange reconstruction project shall include an interchange at the intersection of 13th Street and I 94. Notwithstanding ss. 84.29 (6) and 84.295 (7), the department shall keep the 13th Street interchange existing on the effective date of this subsection .... [revisor inserts date], open for travel during the Marquette interchange reconstruction project.

(7fg) The Marquette interchange reconstruction project shall include an exit at the intersection of Plankinton Avenue and I 794. Notwithstanding ss. 84.29 (6) and 84.295 (7), the department shall keep an exit at Plankinton Avenue open for travel during the Marquette interchange reconstruction project.

(7fm) Construction work on the Marquette interchange reconstruction project shall be performed on a 24-hour basis.

(7fr) The department shall design the reconstruction of the Marquette interchange and I 94 in Milwaukee and Waukesha counties to allow for expansion of capacity for vehicular traffic on the Marquette interchange and I 94 in these counties to meet the projected vehicular traffic capacity needs, as determined by the department, for 30 years following the completion of such reconstruction.

16,2304g Section 2304g. 84.02 (3) (a) of the statutes is amended to read:

84.02 (3) (a) Changes may be made in the state trunk system by the department, if it deems that the public good is best served by making the changes. The department, in making the changes, may lay out new highways by the procedure under this subsection. Due notice shall be given to the localities concerned of the intention to make changes or discontinuances, and if the change proposes to lay a highway via a new location and the distance along such deviation from the existing location exceeds 2 1/2 miles, then a hearing in or near the region affected by the proposed change shall be held prior to making the change effective. The notice shall also be given to the secretary of natural resources and to the secretary of forestry either by registered mail or personally. Whenever the department decides to thus change more than 2 1/2 miles of the system the change shall not be effective until the decision of the department has been referred to and approved by the county board of each county in which any part of the proposed change is situated. A copy of the decision shall be filed in the office of the clerk of each county in which a change is made or proposed. Where the distance along the deviation from the existing location exceeds 5 miles the change shall constitute an addition to the state trunk highway system. The preexisting route shall continue to be a state trunk highway unless the county board of each county in which any part of the relocation lies and the department mutually agree to its discontinuance as a state trunk highway. Whenever such county board or boards and the department cannot so agree the department shall report the problem to the next ensuing session of the legislature for determination.

16,2304p Section 2304p. 84.02 (5) (a) of the statutes is amended to read:

84.02 (5) (a) As often as it deems necessary, the department shall publish highway service maps showing the state trunk highway system and such other main highways and other features as may seem desirable. Such highway service maps shall be sold by the department at a price to be fixed by it, which shall be not less than cost. The department may permit the use of the base plates for other maps and publications in consideration of a fair fee for such use. The department shall make and publish or duplicate such highway service maps as are required for its use, and shall publish folded highway maps of Wisconsin for free distribution to the public. The department shall ensure that the folded highway maps bear information regarding the requirements of s. 347.48 (4) and do not bear information regarding toll-free telephone service under s. 13.205.

16,2305 Section 2305. 84.02 (8) (d) of the statutes is repealed.

16,2305g Section 2305g. 84.02 (16) of the statutes is created to read:

84.02 (16) State trunk highway report to legislature. By September 15, 2002, and biennially thereafter, the department shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committee dealing with transportation matters in each house of the legislature that provides statistics on the condition and performance of state trunk highways, including pavement smoothness and distress, geometric deficiencies, safety problems, structural and functional bridge deficiencies, and traffic congestion.

16,2305k Section 2305k. 84.02 (17) of the statutes is created to read: