2001 Wisconsin Act 16

85.24 (3) (a) The department of transportation shall be the lead state agency in demand management and ride-sharing activities and shall collaborate with the department of workforce development in job access and employment transportation assistance programs. The department of transportation shall have all powers necessary to develop and implement a state demand management and ride-sharing assistance program which shall include transportation employment and mobility program that includes the coordination of demand management and, ride-sharing, and job access and employment transportation assistance activities in this state, ; the promotion and marketing of demand management and, ride-sharing, and job access and employment transportation assistance activities,; the dissemination of technical information,; the provision of technical and financial assistance to public and private organizations for the planning, development, and implementation of demand management and, ride-sharing, and job access and employment transportation assistance programs,; and the development and distribution of computer and manual ride-matching systems.

16,2336 Section 2336. 85.24 (3) (c) of the statutes is amended to read:

85.24 (3) (c) The department may administer a program for the distribution of any federal funds for ride sharing and, demand management, and job access and employment transportation assistance that are made available to the state.

16,2337 Section 2337. 85.24 (3) (d) (intro.) of the statutes is amended to read:

85.24 (3) (d) (intro.) The department may award grants from the appropriation under s. 20.395 (1) (bs) to public and private organizations for the development and implementation of demand management and, ride-sharing, and job access and employment transportation assistance programs. As a condition of obtaining a grant under this paragraph, a public or private organization may be required to provide matching funds at any percentage. The For demand management and ride-sharing purposes, the department shall give priority in the awarding of grants to those programs that provide the greatest reduction in automobile trips, especially during peak hours of traffic congestion. The department shall have all powers necessary and convenient to implement this paragraph, including the following powers:

16,2337k Section 2337k. 85.285 of the statutes is created to read:

85.285 Extrication training grants. From the appropriation under s. 20.395 (5) (ds), the department shall award a grant of $375,000 in fiscal year 2002-03 and in each fiscal year thereafter to a nonprofit corporation that has experience providing training that meets the standards of the National Fire Protection Association and that prepares trained individuals to teach extrication techniques for all types of vehicles to rescue personnel. A grant made under this section may be used to provide training, acquire extrication equipment, or develop extrication training curricula. The department may not award a grant under this section unless the recipient of the grant enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including the use of any training curriculum developed with grant proceeds.

16,2338 Section 2338. 85.51 (title) of the statutes is amended to read:

85.51 (title) State traffic patrol services ; special events fee.

16,2339 Section 2339. 85.51 of the statutes is renumbered 85.51 (1) (a) and amended to read:

85.51 (1) (a) The Except as provided in par. (b), the department may charge the an event sponsor, as defined by rule, a fee, in an amount calculated under a uniform method established by rule, for security and traffic enforcement services provided by the state traffic patrol at any public event for which an admission fee is charged for spectators if the event is organized by a private organization. The department may not impose a fee for such services except as provided in this section paragraph.

(3) Use of fees. All moneys received under this subsection section shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (5) (dg).

16,2339g Section 2339g. 85.51 (1) (title) of the statutes is created to read:

85.51 (1) (title) Special events fee.

16,2339m Section 2339m. 85.51 (1) (b) of the statutes is created to read:

85.51 (1) (b) Paragraph (a) does not apply to farm progress days subject to s. 85.511.

16,2340 Section 2340. 85.51 (2) of the statutes is created to read:

85.51 (2) Security and traffic enforcement services fee. The department may charge any person a fee, in an amount calculated under a uniform method established by rule, for security and traffic enforcement services provided by the state traffic patrol during that person's installation, inspection, removal, relocation, or repair of a utility facility, as defined in s. 30.40 (19), located on a highway, as defined in s. 340.01 (22), if that person requests such services in writing.

16,2340i Section 2340i. 85.511 of the statutes is created to read:

85.511 Farm progress days. (1) The department is prohibited from charging any sponsor of farm progress days for any costs incurred by the department associated with farm progress days.

(2) The department shall promulgate rules specifying eligibility as a sponsor under sub. (1) and determining the conditions that shall be satisfied to qualify as farm progress days under sub. (1).

16,2340k Section 2340k. 85.517 of the statutes is created to read:

85.517 Database redesign; division of motor vehicles. By January 2, 2002, and biennially by January 2 thereafter, the department shall submit to the joint committee on finance, and to the appropriate standing committees of the legislature under s. 13.172 (3), a report on the progress of the division of motor vehicles database redesign. The report shall include all of the following:

(1) The identification of all portions of the database redesign that have been completed and all portions planned for completion within 12 months following the report.

(2) The identification of any change in data processing, administrative, or other process efficiencies realized from those portions of the database redesign that have been completed, or anticipated from those portions of the database redesign that are planned for completion within 12 months following the report.

(3) A timetable for completion of the database redesign, including the identification of all portions of the database redesign that remain to be completed and their projected dates of completion.

(4) Any recommended statutory changes or funding levels to facilitate the database redesign or any data processing, administrative, or other process efficiencies associated with the database redesign.

16,2340q Section 2340q. 85.53 (3) of the statutes is amended to read:

85.53 (3) Grants under this section shall be paid from the appropriations under s. 20.395 (5) (jr) and (jt). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program.

16,2340t Section 2340t. 85.56 of the statutes is created to read:

85.56 Joint committee on finance review of transportation safety contracts. The department may not enter into any contract relating to alcohol or traffic enforcement activities to be funded in whole or in part with federal transportation safety funds unless the department first notifies the joint committee on finance in writing of the proposed contract. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed contract, the department may enter into the proposed contract. If, within 14 working days after the date of the department's notification, the chairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed contract, the department may enter into the proposed contract only upon approval of the committee.

16,2340vg Section 2340vg. 86.03 (5m) of the statutes is created to read:

86.03 (5m) Trees and other vegetation blocking view of business or sign. (a) In this subsection, "vegetation" means any tree, shrub, hedge, or other foliage.

(b) Notwithstanding any other provision of this section, if any vegetation located in the right-of-way of any highway under the jurisdiction of the department prevents the operator of a vehicle traveling on a highway at the posted speed limit from viewing for 6 uninterrupted seconds a business premises located adjacent to the highway right-of-way, a sign located on a business premises adjacent to the highway right-of-way that advertises the business to motorists on the adjacent highway, or any sign erected under this chapter or s. 84.30 that is permitted to be located in or adjacent to the highway right-of-way, any person who maintains a majority ownership interest in the business adjacent to the highway right-of-way or in any business advertised on a sign identified in this paragraph may trim or remove any obstructing vegetation located in the highway right-of-way if all of the following requirements are met:

1. The person obtains a permit from the department under par. (c).

2. The person pays for the cost of trimming or removing the obstructing vegetation, including the cost of cleanup and disposal, and for replacing any removed vegetation, including the cost of purchasing and planting the replacement vegetation.

3. If the person has removed vegetation, the person replaces the removed vegetation with comparable vegetation along the same highway right-of-way, provided that the person may not locate replacement vegetation in a manner that obstructs, or will obstruct in the foreseeable future, the view from the highway of another existing business or sign identified in this paragraph.

4. No state funds are expended for the trimming, removal, or replacement of vegetation under this paragraph.

5. With respect to a sign identified in this paragraph, the owner of the land on which the sign is erected does not object to the trimming or removal of vegetation.

(c) The department shall issue permits to eligible applicants for the trimming or removal of vegetation located in a highway right-of-way under par. (b). Any permit issued under this paragraph shall specify the vegetation or the portion of the highway right-of-way to which the permit applies. The department shall grant or deny an application for a permit within 30 days of receipt of the application.

16,2340y Section 2340y. 86.193 of the statutes is created to read:

86.193 Agricultural tourism signs. (1) In this section, "agricultural tourism facility" means a facility located in this state that is open to the public at least 4 days a week for a minimum of 3 months and which does any of the following:

(a) Markets Wisconsin farm products.

(b) Processes and markets agricultural products, of which at least 50% are grown and produced in this state.

(c) Promotes tourism by providing tours and on-site sales or samples of Wisconsin agricultural products.

(2) The department shall develop and, no later than March 1, 2002, implement a plan, consistent with federal and state laws, to promote and maximize the erection of agricultural tourism signs on highways in this state to identify and provide directional information to any agricultural tourism facility.

(3) (a) Except as provided in par. (b), the department may assess and collect from an agricultural tourism facility the actual costs of erection of any agricultural tourism sign that identifies and provides directional information to the facility.

(b) A local authority shall permit erection of a trailblazer sign that identifies and provides directional information to an agricultural tourism facility on a highway under the jurisdiction of the local authority if the facility is located more than 5 miles from the highway and the local authority assesses and collects from the facility the actual costs of erection of the trailblazer sign. The department shall promulgate rules defining "trailblazer sign" for purposes of this paragraph.

(4) In developing and implementing the plan under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection.

16,2341 Section 2341. 86.30 (2) (a) 3. (intro.) of the statutes is renumbered 86.30 (2) (a) 3. and amended to read:

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 an amount equal to the following: $1,704 in calendar year 2001, $1,755 in calendar year 2002, and $1,825 in calendar year 2003 and thereafter.

16,2342 Section 2342. 86.30 (2) (a) 3. g. of the statutes is repealed.

16,2343 Section 2343. 86.30 (2) (a) 3. h. of the statutes is repealed.

16,2344 Section 2344. 86.30 (9) (b) of the statutes is amended to read:

86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $78,744,300 in calendar years 1998 and 1999, and $84,059,500 in calendar year years 2000 and 2001, $86,581,300 in calendar year 2002, and $90,044,600 in calendar year 2003 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.

16,2345 Section 2345. 86.30 (9) (c) of the statutes is amended to read:

86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $247,739,100 in calendar years 1998 and 1999, and $264,461,500 in calendar year years 2000 and 2001, $272,395,300 in calendar year 2002, and $283,291,100 in calendar year 2003 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.

16,2345m Section 2345m. 86.30 (10c) of the statutes is created to read:

86.30 (10c) Aid payments for calendar year 2002. (a) 1. For calendar year 2002, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to counties for calendar year 2002 and the amount of moneys appropriated for distribution under this section to counties for calendar year 2001.

2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each county in calendar year 2002 shall be the amount paid to that county for calendar year 2001, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the county for calendar year 2001.

(b) 1. For calendar year 2002, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2002 and the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2001.

2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each municipality in calendar year 2002 shall be the amount paid to that municipality for calendar year 2001, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the municipality for calendar year 2001.

16,2345n Section 2345n. 86.30 (10g) of the statutes is created to read:

86.30 (10g) Aid payments for calendar year 2003. (a) 1. For calendar year 2003, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to counties for calendar year 2003 and the amount of moneys appropriated for distribution under this section to counties for calendar year 2002.

2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each county in calendar year 2003 shall be the amount paid to that county for calendar year 2002, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the county for calendar year 2002.

(b) 1. For calendar year 2003, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2003 and the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2002.

2. Notwithstanding sub. (2) (a), (b), and (d) and s. 86.303 (5) (e), (f), (h), and (i), the amount of aid payable to each municipality in calendar year 2003 shall be the amount paid to that municipality for calendar year 2002, plus an amount equal to the percentage determined under subd. 1. of the amount paid to the municipality for calendar year 2002.

16,2346m Section 2346m. 86.31 (2) (f) of the statutes is created to read:

86.31 (2) (f) With respect to town road improvements, the department shall give priority to town road improvements under subs. (3) and (3m) that fund improvements of town roads that have been damaged as a result of heavy motor truck loads.

16,2347f Section 2347f. 86.31 (3g) of the statutes is amended to read:

86.31 (3g) County trunk highway improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $5,000,000 $5,250,000 in each fiscal year, beginning in fiscal year 2001-02, 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).

16,2347k Section 2347k. 86.31 (3m) of the statutes is amended to read:

86.31 (3m) Town road improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $2,000,000 in fiscal year 1999-2000 and $500,000 in each following fiscal year $750,000 in each fiscal year, beginning in fiscal year 2001-02, 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).

16,2347r Section 2347r. 86.31 (3r) of the statutes is amended to read:

86.31 (3r) Municipal street improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $1,250,000 in fiscal year 1999-2000, and $750,000 in each fiscal year thereafter $1,000,000 in each fiscal year, beginning in fiscal year 2001-02, 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).

16,2348m Section 2348m. 86.31 (3s) of the statutes is created to read:

86.31 (3s) West Canal Street reconstruction. Notwithstanding limitations on the amount and use of aids provided under this section, or on eligibility requirements for receiving aids under this section, and subject to s. 84.03 (3) (b), the department shall award a grant of $2,500,000 to the city of Milwaukee for the purpose specified under s. 84.03 (3) (a). Notwithstanding subs. (3) (b), (3g), (3m), and (3r), payment of the grant under this subsection shall be made from the appropriation under s. 20.395 (2) (fr) before making any other allocation of funds under subs. (3) (b), (3g), (3m), and (3r), and the allocation of funds under subs. (3) (b), (3g), (3m), and (3r) shall be reduced proportionately to reflect the amount of the grant made under this subsection. This subsection does not apply after December 31, 2005.

16,2349m Section 2349m. 86.315 (1) of the statutes is amended to read:

86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources forestry. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.

16,2351h Section 2351h. 88.15 (2m) of the statutes is created to read:

88.15 (2m) The department of agriculture, trade and consumer protection shall create and maintain a secure Internet site on which drainage districts may post engineering projects in order to obtain bids electronically for engineering services. The department shall promulgate rules that specify fees designed to cover the costs of creating and maintaining the Internet site.

16,2380g Section 2380g. 92.14 (5g) of the statutes is renumbered 92.14 (5g) (a) and amended to read:

92.14 (5g) (a) If Except as provided in par. (b), if a grant under sub. (3) provides funding for salary and fringe benefits for more than one county staff person, a county shall provide matching funds, as determined by the department by rule, equal to 30% of the cost of salary and fringe benefits for the 2nd staff person and 50% of the cost of salary and fringe benefits for any additional staff persons for whom the grant provides funding.

16,2380i Section 2380i. 92.14 (5g) (b) of the statutes is created to read:

92.14 (5g) (b) For a grant awarded for a year before 2010, the department shall require a county to provide matching funds for priority watershed project staff equal to not less than 10% nor more than 30% of the staff funding that was provided to the county for 1997 for a priority watershed that was designated before July 1, 1998. This paragraph does not apply to matching funds for priority watershed project staff after the termination date that was in effect on October 6, 1998, for the priority watershed project.

16,2382 Section 2382. 93.06 (8) of the statutes is amended to read:

93.06 (8) Prescribe conditions of licenses. Except as provided in s. 93.135, issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93 to 100, ch. 127 126, a rule promulgated by the department or a regulation adopted under s. 97.41 (7) within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.

16,2383 Section 2383. 93.06 (12) of the statutes is created to read:

93.06 (12) Federal Agricultural policy reform. Provide at least $50,000 in each fiscal year to organizations to seek the reform of federal agricultural policy for the benefit of agricultural producers in this state. This subsection does not apply after June 30, 2005.