Wisconsin Legislature: 20,2527

79.10 (6m) (a) 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), and (5m) 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), and (5m), 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 paragraph. Any overpayment shall be corrected by reducing the subsequent year's distribution, as determined under subs. (4) and, (5), and (5m), 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), and (5m), 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.

20,2518 Section 2518. 79.10 (7m) (c) of the statutes is created to read:

79.10 (7m) (c) First dollar credit. 1. The amount determined under sub. (5m) shall be distributed from the appropriation under s. 20.835 (3) (b) by the department of administration on the 4th Monday in July.

2. The town, village, or city treasurer shall settle for the amounts distributed on the 4th Monday in July under this paragraph with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the town, village, or city treasurer to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities except 1st class cities, in the county.

20,2519 Section 2519. 79.10 (9) (bn) of the statutes is created to read:

79.10 (9) (bn) First dollar credit. Except as provided in ss. 79.175 and 79.18, and subject to s. 79.15, the first dollar credit shall be allocated to every parcel of real estate on which improvements are located in an amount determined by multiplying the estimated fair market value of the property, not exceeding the value determined under sub. (11) (d), by the school tax rate.

20,2520 Section 2520. 79.10 (9) (c) 3. of the statutes is created to read:

79.10 (9) (c) 3. The credit under par. (bn) shall reduce the property taxes otherwise payable.

20,2521 Section 2521. 79.10 (11) (d) of the statutes is created to read:

79.10 (11) (d) Before December 1, the department of revenue shall calculate, to the nearest $100, the estimated fair market value necessary to distribute the total amount available for distribution under s. 79.15.

20,2522 Section 2522. 79.14 of the statutes is amended to read:

79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; and $593,050,000 in 2007; $672,400,000 in 2008; and $747,400,000 in 2009 and in each year thereafter.

20,2523 Section 2523. 79.15 of the statutes is created to read:

79.15 Improvements credit. Beginning in 2009, the total amount paid each year to municipalities from the appropriation account under s. 20.835 (3) (b) for the payments under s. 79.10 (5m) is $75,000,000.

20,2523m Section 2523m. 83.015 (2) (b) of the statutes is amended to read:

83.015 (2) (b) In any county with a highway commissioner appointed under s. 83.01 (1) (b) or (c), the county highway committee shall be only a policy-making body determining the broad outlines and principles governing administration and the county highway commissioner shall have the administrative powers and duties prescribed for the county highway committee under par. (a), sub. (3) (a) and ss. 27.065 (4) (b) and (13), 32.05 (1) (a), 82.08, 83.01 (6), 83.013, 83.018, 83.025 (1) and (3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18, 83.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4), 84.10 (1), 86.04 (1) and (2), 86.07 (2) and (2m), 86.19 (3), 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified elsewhere for the county highway commissioner may be deemed impliedly repealed for the sole reason that reference to it has been omitted in this paragraph.

20,2523p Section 2523p. 84.01 (21) of the statutes is amended to read:

84.01 (21) Motor vehicle weighing stations. The department, as a part of the improvement and maintenance of highways, may acquire, construct and maintain lands and facilities, including scales or weighing stations, for weighing, measuring or inspecting vehicles and loads operating on any public highway in the state. Lands necessary may be adjacent or contiguous to the highway and weighing station facilities may be constructed and maintained upon the traveled portion of the highway or any other part thereof. The department may not construct or locate a motor vehicle weighing facility in or adjacent to the village of Rockland in La Crosse County.

20,2523w Section 2523w. 84.013 (3m) (d) of the statutes is created to read:

84.013 (3m) (d) If the department reconstructs any part of STH 78 located in the village of Merrimac in Sauk County and requires water and sewer utilities lying beneath this reconstructed part of STH 78 to be relocated to a lower depth, the department shall pay 75 percent of the cost of relocating these water and sewer utilities.

20,2524g Section 2524g. 84.013 (3m) (e) of the statutes is created to read:

84.013 (3m) (e) The department shall begin construction of the major highway project enumerated under sub. (3) (ra) no later than July 1, 2009 , and shall complete construction of this project no later than July 1, 2011 .

20,2524p Section 2524p. 84.013 (4) (a) of the statutes is amended to read:

84.013 (4) (a) Subject to s. ss. 13.489 (1m) and 84.06 (1r), in preparation for future major highway projects, the department may perform preliminary engineering and design work and studies for possible major highway projects not listed under sub. (3), but no major highway may be constructed unless the project is listed under sub. (3) or approved under sub. (6).

20,2525 Section 2525. 84.014 (5m) (a) of the statutes is renumbered 84.014 (5m) (am).

20,2526 Section 2526. 84.014 (5m) (ag) of the statutes is created to read:

84.014 (5m) (ag) In this subsection:

1. "I 94 north-south corridor" means the Mitchell interchange of I 43, I 94, and I 894 in Milwaukee County, I 94 from the Illinois-Wisconsin state line in Kenosha County proceeding northerly through the Mitchell interchange to Howard Avenue in Milwaukee County, I 43/894 from the Mitchell interchange proceeding westerly to 35th Street in Milwaukee County, the STH 119 Airport Spur Parkway between I 94 and General Mitchell International Airport in Milwaukee County, and all freeways, roadways, shoulders, interchange ramps, frontage roads, and collector road systems adjacent or related to these routes or interchanges.

2. "Zoo interchange" means all freeways, including related interchange ramps, roadways, and shoulders, and all adjacent frontage roads and collector road systems, encompassing I 94, I 894, and USH 45 in Milwaukee County within the area bordered by I 894/USH 45 at the Union Pacific railroad underpass near Burnham Street in Milwaukee County to the south, I 94 at 76th Street to the east, I 94 at 116th Street to the west, and USH 45 at Center Street to the north.

20,2527 Section 2527. 84.014 (5m) (b) 1. of the statutes is repealed.

20,2528 Section 2528. 84.014 (5m) (b) 2. and 3. of the statutes are created to read:

84.014 (5m) (b) 2. Reconstruction of the I 94 north-south corridor.

3. Reconstruction of the Zoo interchange.

20,2528d Section 2528d. 84.014 (5r) of the statutes is created to read:

84.014 (5r) Notwithstanding subs. (5) and (5m), no southeast Wisconsin freeway rehabilitation project may include the addition of any lane for vehicular traffic on I 94 adjacent to Wood National Cemetery, between Hawley Road and the Stadium interchange, in Milwaukee County.

20,2528g Section 2528g. 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, in only one fiscal year of each fiscal biennium, 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).

20,2528m Section 2528m. 84.02 (15) of the statutes is created to read:

84.02 (15) USH 51 reconstruction project in Dane County. The department shall commence, in the 2007-08 fiscal year, the preparation of an environmental impact statement or environmental assessment, as applicable, for the USH 51 north segment reconstruction project in Dane County, which includes expanding USH 51 to a 4-lane divided highway from the intersection of USH 51 and Reardon Road to just north of the intersection of USH 51 and CTH "V"/Grinde Road in the village of DeForest. The department shall commence construction of this project no later than December 31, 2012.

20,2531c Section 2531c. 84.06 (1m) of the statutes is amended to read:

84.06 (1m) Plans. The Subject to sub. (1r), the department may prepare plans, estimates, and specifications and undertake and perform all surveys, investigations, and engineering work for any highway improvement within its jurisdiction. When provision has been made for the necessary funds for any such highway improvement and, if federal aid is to be utilized, when the project has been approved by the proper federal authorities, the department may proceed as provided in this section, with due regard to any applicable federal requirement or regulation.

20,2531e Section 2531e. 84.06 (1r) of the statutes is created to read:

84.06 (1r) Value engineering for certain projects. (a) In this subsection, "value engineering" has the meaning given in 23 CFR 627.3.

(b) The department shall employ value engineering for any highway improvement project under sub. (1m) for which the cost of construction, utilities, and rights-of-way is in excess of $5,000,000, as adjusted under par. (g), or that otherwise meets criteria established by the department under par. (c), and shall assure that a value engineering study and analysis is performed on each such project. Any value engineering study and analysis related to engineering work performed by a consultant under contract with the department under s. 84.01 (13) may not be performed by the same consultant unless that consultant maintains separate and distinct organizational separation of its value engineering and design sections.

(c) The department shall establish criteria for determining which projects, in addition to those having total project costs in excess of $5,000,000, as adjusted under par. (g), on which the department will employ value engineering.

(d) After review and for compelling reasons, the secretary may waive the requirement under par. (b) for any project. Any such waiver shall be in writing, state the reasons for the waiver, and apply only to a single project.

(e) For each project for which the department performs a value engineering study and analysis under this subsection, the department shall include in the study and analysis an identification of the cost of all design elements for the project that are considered by the department to be context-sensitive design elements and the department's justification for any increased project costs resulting from these design elements.

(f) Annually, the department shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3), on the department's employment of value engineering under par. (b), the criteria established by the department under par. (c), and all waivers made under par. (d). All project information included in any report required under this paragraph shall be reported on both a cumulative basis from the inception of the project and on an updated basis for the period since the department's last report under this paragraph. The report under this paragraph shall also include all of the following information:

1. The number of value engineering studies conducted.

2. The cost of conducting the studies.

3. The estimated construction cost of the projects studied.

4. The total number of study recommendations.

5. The total estimated savings that would result from all recommendations if approved and implemented.

6. The number of recommendations approved.

7. The total savings that resulted from the approved recommendations.

8. The cost of all context-sensitive design elements included in completed projects.

(g) Beginning on the first day of the 13th month beginning after the effective date of this paragraph .... [revisor inserts date], and annually thereafter, the department shall adjust the dollar amounts specified in pars. (b) and (c) in proportion to any change in the cost of construction, utilities, and rights-of-way since the effective date of this paragraph.

20,2532 Section 2532. 84.09 (1) of the statutes is amended to read:

84.09 (1) The department may acquire by gift, devise, purchase or condemnation any lands for establishing, laying out, widening, enlarging, extending, constructing, reconstructing, improving and maintaining highways and other transportation related facilities, or interests in lands in and about and along and leading to any or all of the same; and after establishment, layout and completion of such improvements, the department may convey such lands thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such lands so as to protect such public works and improvements and their environs and to preserve the view, appearance, light, air and usefulness of such public works. Whenever the department deems it necessary to acquire any such lands or interests therein for any transportation related purpose, it shall so order and in such order or on a map or plat show the old and new locations and the lands and interests required, and shall file a copy of the order and map with the county clerk and county highway committee of each county in which such lands or interests are required or, in lieu of filing a copy of the order and map, may file or record a plat in accordance with s. 84.095. For the purposes of this section the department may acquire private or public lands or interests in such lands. When so provided in the department's order, such land shall be acquired in fee simple. Unless it elects to proceed under sub. (3), the department shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required at a price, including any damages, deemed reasonable by the department. The instrument of conveyance shall name the state as grantee and shall be recorded in the office of the register of deeds. The purchase or acquisition of lands or interests therein under this section is excepted and exempt from s. 20.914 (1). The department may purchase or accept donations of remnants of tracts or parcels of land existing at the time or after it has acquired portions of such tracts or parcels by purchase or condemnation for transportation purposes where in the judgment of the department such action would assist in making whole the landowner, a part of whose lands have been taken for transportation purposes and would serve to minimize the overall costs of such taking by the public. This subsection does not apply to lands that are sold under s. 16.848.

20,2533 Section 2533. 84.185 (1) (ce) of the statutes is amended to read:

84.185 (1) (ce) "Job" has the meaning specified in s. 560.60 (10) 560.17 (1) (bm).

20,2534 Section 2534. 84.185 (1) (cm) of the statutes is amended to read:

84.185 (1) (cm) "Political subdivision" has the meaning specified in s. 560.60 (13) means a county, city, town, or village.

20,2534p Section 2534p. 84.25 (4) of the statutes is renumbered 84.25 (4) (a) and amended to read:

84.25 (4) (a) After Except as provided in par. (b), after the establishment of any controlled-access highway, no street or highway or private driveway, shall be opened into or connected with any controlled-access highway without the previous consent and approval of the department in writing, which shall be given only if the public interest shall be served thereby and shall specify the terms and conditions on which such consent and approval is given.

20,2534r Section 2534r. 84.25 (4) (b) of the statutes is created to read:

84.25 (4) (b) Notwithstanding any other provision of this chapter, if the department denies approval under par. (a), or fails to provide approval under par. (a) within 60 days after a request for approval is made to the department, related to any access point to any part of a controlled-access highway located within a municipality, that municipality may approve any access point specified in the request for approval made to the department. Any approval under this paragraph shall be in writing and shall specify the terms and conditions on which the approval is given.

20,2535h Section 2535h. 84.30 (5m) of the statutes is created to read:

84.30 (5m) Mars Cheese Castle signs in Kenosha County. Notwithstanding any other provision of law and any local ordinance or other restrictions on signs, the Mars Cheese Castle business in Kenosha County may relocate its on-premises signs located near the intersection of I 94 and STH 142 in Kenosha County and maintain such signs at their new location.

20,2536 Section 2536. 84.555 (1m) (a) of the statutes is amended to read:

84.555 (1m) (a) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014 and for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1.

20,2537 Section 2537. 84.59 (2) (b) of the statutes is amended to read:

84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), (4), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

20,2538 Section 2538. 84.59 (6) of the statutes is amended to read:

84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $2,324,377,900 $2,708,341,000, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

20,2540c Section 2540c. 85.024 (2) of the statutes is amended to read:

85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development, or construction of bicycle and pedestrian facilities. For purposes of this subsection, "bicycle and pedestrian facilities" do not include sidewalks or street beautification measures. The department shall award from the appropriation under s. 20.395 (2) (nx) (ox) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% 20 percent of the amount awarded under this section. Any improvement project for which a political subdivision receives a grant under this section shall be let by contract based on bids and the contract shall be awarded to the lowest competent and responsible bidder.

20,2541 Section 2541. 85.029 of the statutes is created to read:

85.029 Safe routes to school program. (1) In this section:

(a) "Local governmental unit" has the meaning given in s. 59.72 (1) (c).

(b) "Political subdivision" has the meaning given in s. 85.026 (1) (a).

(d) "Indian tribe" has the meaning given in s. 139.30 (5).

(2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).

(3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).

(4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).

(5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.

(6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).

20,2541r Section 2541r. 85.035 of the statutes is amended to read: