2007 Wisconsin Act 20

20,2550p Section 2550p. 85.62 of the statutes is created to read:

85.62 Transportation fund balance and appropriation reductions. (1) During any fiscal biennium, if at any time the department determines that, at the close of the fiscal biennium, net appropriations and fund reserves from the transportation fund will exceed estimated transportation fund revenues by more than $30,000,000, the department shall develop a plan to eliminate, by the close of the fiscal biennium, this projected deficit by reducing all state funds appropriations under s. 20.395, other than those for debt service and sum sufficient appropriations, from the transportation fund as equitably as reasonable . This plan may not include the reduction of any state funds appropriation if the reduction would violate a condition imposed by the federal government on the receipt of federal funds or if the reduction would violate the federal or state constitution. The secretary shall submit this plan to the joint committee on finance.

(2) If the cochairpersons of the joint committee on finance do not notify the secretary within 14 working days after the date on which the secretary submits the plan under sub. (1) that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary shall implement the plan. If, within 14 working days after the date on which the secretary submits the plan, the cochairpersons of the joint committee on finance notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the secretary may implement the plan only as approved, or modified and approved, by the committee.

(3) Notwithstanding ss. 13.101 (6) and 20.001 (3) (c), if a plan is implemented as provided under sub. (2), the appropriation accounts shall be reduced as specified in the plan implemented under sub. (2).

20,2550s Section 2550s. 86.07 (2) of the statutes is amended to read:

86.07 (2) No Subject to sub. (2m), no person shall make any excavation or fill or install any culvert or make any other alteration in any highway or in any manner disturb any highway or bridge without a permit therefor from the highway authority maintaining the highway. Such permit shall contain the statement and be subject to the condition that the work shall be constructed subject to such rules and regulations as may be prescribed by said authority and be performed and completed to its satisfaction, and in the case of temporary alterations that the highway or bridge shall be restored to its former condition, and that the permittee shall be liable to the town or county or state, as the case may be, for all damages which occur during the progress of said work or as a result thereof. Nothing herein shall abridge the right of the department or the county board or its highway committee to make such additional rules, regulations and conditions not inconsistent herewith as may be deemed necessary and proper for the preservation of highways, or for the safety of the public, and to make the granting of any such permit conditional thereon. If Subject to sub. (2m), if any culvert is installed or any excavation or fill or any other alteration is made in violation of the provisions of this subsection, the highway may be restored to its former condition by the highway authority in charge of the maintenance thereof; and any person who violates this subsection shall be punished by a fine of not less than $5 nor more than $100, or by imprisonment not exceeding 6 months, or both.

20,2550t Section 2550t. 86.07 (2m) of the statutes is created to read:

86.07 (2m) Notwithstanding s. 86.073, if the department denies an application for a permit under sub. (2), or fails to approve a permit under sub. (2) within 60 days after application for the permit is made to the department, related to any part of a state trunk highway located within a municipality, that municipality may issue a permit under sub. (2) approving and authorizing the work, activity, or alteration, with respect to this state trunk highway, that was the subject of the permit application made to the department, regardless of what authority maintains the highway or whether the highway has been designated a connecting highway under s. 86.32.

20,2551m Section 2551m. 86.196 (6) of the statutes is created to read:

86.196 (6) Notwithstanding any eligibility criteria established under this section and rules promulgated under this section, the department shall install and maintain, on I 94 in Milwaukee County, 2 signs meeting the specifications under this section and rules promulgated under this section. One sign shall be viewable from the northbound lanes of I 94 and shall be located between Rawson Avenue and College Avenue. The other sign shall be viewable from the eastbound lanes of I 94 and shall be located in the proximity of the Waukesha County line. Both signs shall highlight lakefront attractions in the city of Milwaukee and shall include information about the Milwaukee Art Museum, the Betty Brinn Children's Museum, Discovery World, Summerfest, and the Milwaukee County War Memorial.

20,2552 Section 2552. 86.30 (2) (a) 3. of the statutes is 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 $1,825 in calendar years 2004 and 2005, $1,862 in calendar year 2006, and $1,899 in calendar year 2007, $1,956 in calendar year 2008, and $2,015 in calendar year 2009 and thereafter.

20,2553 Section 2553. 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 $90,044,600 in calendar years 2004 and 2005, $91,845,500 in calendar year 2006, and $93,682,400 in calendar year 2007, $96,492,900 in calendar year 2008, and $99,387,700 in calendar year 2009 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.

20,2554 Section 2554. 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 $283,291,100 in calendar years 2004 and 2005, $288,956,900 in calendar year 2006, and $294,736,000 in calendar year 2007, $303,578,100 in calendar year 2008, and $312,685,400 in calendar year 2009 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.

20,2555 Section 2555. 86.31 (3g) of the statutes is amended to read:

86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,250,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $5,355,000 in fiscal year 2007-08, and $5,462,100 in fiscal year 2008-09 and each fiscal year thereafter, 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).

20,2556 Section 2556. 86.31 (3m) of the statutes is amended to read:

86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $750,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $765,000 in fiscal year 2007-08, and $780,300 in fiscal year 2008-09 and each fiscal year thereafter, 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).

20,2557 Section 2557. 86.31 (3r) of the statutes is amended to read:

86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $1,000,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $1,020,000 in fiscal year 2007-08, and $1,040,400 in fiscal year 2008-09 and each fiscal year thereafter, 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).

20,2557m Section 2557m. 86.31 (3t) of the statutes is created to read:

86.31 (3t) Payments related to environmental review of local projects. 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 any applicable interagency agreement between the department of transportation and the department of natural resources, the department of transportation may make a payment in each fiscal year to the department of natural resources to support 3.0 full-time equivalent positions in the department of natural resources related to the environmental review of local transportation projects. Notwithstanding sub. (3), any payment under this subsection shall be made from the appropriation under s. 20.395 (2) (fr) before making any other allocation of funds under sub. (3). After the department of transportation makes the payment under this subsection, the allocation of funds under sub. (3) shall be reduced proportionately to reflect the amount of the payment.

20,2558 Section 2558. 88.15 of the statutes is repealed.

20,2558d Section 2558d. 88.68 (4) of the statutes is amended to read:

88.68 (4) Whenever the cleaning out, deepening or reconstruction of a drain crossing a public highway requires the lowering of a culvert through such highway in order to provide effective drainage, the drainage board may proceed to lower such culvert only after obtaining a permit under s. 86.07 (2) or (2m). In lieu of issuing a permit, the authority in charge of maintenance of the highway may proceed to do the work itself. Except as provided in s. 86.075, the expenses involved in such lowering shall be borne by the drainage district, or as provided by mutual agreement between the highway authority and the drainage board.

20,2589 Section 2589. 93.06 (1q) of the statutes is amended to read:

93.06 (1q) Marketing Agricultural development services. Provide marketing agricultural development services upon request and charge a fee for those services, but the fee may not exceed the department's cost of providing those services.

20,2590 Section 2590. 93.135 (1m) (a) of the statutes is amended to read:

93.135 (1m) (a) If an individual who applies for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) does not have a social security number, the department shall require the applicant, as a condition of issuing or renewing the license, registration, registration certificate or certification, to submit a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The statement shall be in the form prescribed by the department of workforce development children and families.

20,2591 Section 2591. 93.135 (2) of the statutes is amended to read:

93.135 (2) The department of agriculture, trade and consumer protection may not disclose any information received under sub. (1) to any person except to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

20,2592 Section 2592. 93.135 (3) of the statutes is amended to read:

93.135 (3) The department shall deny an application for the issuance or renewal of a license, registration, registration certificate or certification specified in sub. (1) or shall suspend or restrict a license, registration, registration certificate or certification specified in sub. (1) for failure to make court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or a former spouse or failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings, as required in a memorandum of understanding under s. 49.857.

20,2592g Section 2592g. 93.23 (1) (a) 1. (intro.) of the statutes is amended to read:

93.23 (1) (a) 1. (intro.) To each county, and any organized agricultural society, association, or board in the state that complies with the requirements of this section, 50% of the amount actually paid in net premiums in the junior division 95 percent of the first $8,000 paid in net premiums and 70 percent of all net premiums paid in excess of $8,000 at its annual fair upon livestock, articles of production, educational exhibits, agricultural implements and tools, domestic manufactures, mechanical implements, and productions, but not more than $10,000 per fair, subject to all of the following:

20,2593p Section 2593p. 93.45 of the statutes is created to read:

93.45 Buy local, buy Wisconsin. The department shall conduct a program to increase awareness and consumption of locally produced foods and related products and to increase the production and improve the distribution of foods and related products for local consumption. In the program, the department shall emphasize the development of regional food and cultural tourism trails and the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption; creating or supporting networks of producers; and strengthening connections between producers, retailers, institutions, and consumers and nearby producers.

20,2594c Section 2594c. 93.48 of the statutes is created to read:

93.48 Buy local grant program. (1) The department may award grants from the appropriation under s. 20.115 (4) (am) to individuals or organizations to fund projects that are designed to increase the sale of agricultural products grown in this state that are purchased in close proximity to where they are produced. The department shall promulgate rules for the program under this section.

(2) The department may make grants under this section for any of the following purposes:

(a) To create, promote, and support regional food and cultural tourism trails.

(b) To promote the development of regional food systems through activities such as creating or expanding facilities for the processing and distribution of food for local consumption; creating or supporting networks of producers; and strengthening connections between producers, retailers, institutions, and consumers and nearby producers.

20,2594g Section 2594g. 93.55 (2) of the statutes is amended to read:

93.55 (2) Collection grants. The department may award a grant to a county for a chemical and container collection program. A grant under this subsection shall may not fund all or a part more than 75 percent of the cost of a program. Costs eligible for funding include the cost of establishing a collection site for chemicals and chemical containers, the cost of transporting chemical containers to a dealer or distributor for refill and reuse or to a hazardous waste facility, as defined in s. 291.01 (8), and costs associated with the proper use and handling and disposal or recycling of chemicals and chemical containers. Grants shall be paid from the appropriation under s. 20.115 (7) (va).

20,2594i Section 2594i. 93.57 of the statutes is amended to read:

93.57 Household hazardous waste. The department shall administer a grant program to assist municipalities and regional planning commissions in creating and operating local programs for the collection and disposal of household hazardous waste. The department may also provide grants under this section for county, municipal, and regional planning commission programs to collect unwanted prescription drugs. The department may not make a grant under this section in an amount that exceeds 75 percent of the cost of a program. The department shall allocate two-thirds of the funds available from the appropriation account under s. 20.115 (7) (va) in each fiscal year for grants under this section.

20,2594p Section 2594p. 93.60 of the statutes is created to read:

93.60 Grazing lands conservation grant. The department shall award a grant in each fiscal year, from the appropriation account under s. 20.115 (4) (s), for technical education and research under the Wisconsin grazing lands conservation initiative.

20,2595 Section 2595. 93.75 of the statutes is repealed.

20,2595n Section 2595n. 94.64 (3r) (b) of the statutes is amended to read:

94.64 (3r) (b) Beginning with the license year that begins on August 15, 2000 2007, a person applying for a license under sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes lower different surcharges under s. 94.73 (15) after the effective date of this paragraph .... [revisor inserts date]:

1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under s. 94.685 or 94.703, $20 $14.

2. If the applicant distributes, but does not manufacture, fertilizer in this state, $20 $14.

20,2595p Section 2595p. 94.64 (4) (a) 5. of the statutes is amended to read:

94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 63 44 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 2005 2007, unless the department establishes a lower different surcharge under s. 94.73 (15) after the effective date of this subdivision .... [revisor inserts date].

20,2595r Section 2595r. 94.681 (3) (a) of the statutes is amended to read:

94.681 (3) (a) If the applicant sells less than $25,000 of the product during the payment period for use in this state, $5 $3.50.

20,2595s Section 2595s. 94.681 (3) (b) of the statutes is amended to read:

94.681 (3) (b) If the applicant sells at least $25,000 but less than $75,000 of that product during the payment period for use in this state, $170 $120.

20,2595t Section 2595t. 94.681 (3) (c) of the statutes is amended to read:

94.681 (3) (c) If the applicant sells at least $75,000 of that product during the payment period for use in this state, an amount equal to 1.1% 0.75 percent of gross revenues from sales of the product during the payment period for use in this state.

20,2595w Section 2595w. 94.685 (3) (a) 2. of the statutes is amended to read:

94.685 (3) (a) 2. An agricultural chemical cleanup surcharge of $40 $28, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the dealer or distributor need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

20,2596 Section 2596. 94.695 of the statutes is repealed.

20,2596e Section 2596e. 94.703 (3) (a) 2. of the statutes is amended to read:

94.703 (3) (a) 2. An agricultural chemical cleanup surcharge of $55 $38, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

20,2596g Section 2596g. 94.704 (3) (a) 2. of the statutes is amended to read:

94.704 (3) (a) 2. An agricultural chemical cleanup surcharge of $20 $14, unless the department establishes a lower different surcharge under s. 94.73 (15), except that the person need not pay the surcharge for the license years that begin on January 1, 1999, and on January 1, 2000 after the effective date of this subdivision .... [revisor inserts date].

20,2597 Section 2597. 94.73 (2) (c) of the statutes is amended to read:

94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.

20,2598 Section 2598. 94.73 (7) (a) of the statutes is amended to read:

94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.

20,2598e Section 2598e. 94.73 (15) (a) of the statutes is amended to read:

94.73 (15) (a) The Subject to par. (am), the department may, by rule, reduce modify any of the surcharges in ss. 94.64 (3r) (b) and (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., and 94.704 (3) (a) 2. below the amounts specified in those provisions. The department shall adjust surcharge amounts as necessary to maintain a balance in the agricultural chemical cleanup fund at the end of each fiscal year of not more than $2,500,000, but may not increase a surcharge amount over the amount specified in s. 94.64 (3r) (b) or (4) (a) 5., 94.681 (3), 94.685 (3) (a) 2., 94.703 (3) (a) 2., or 94.704 (3) (a) 2.

20,2598f Section 2598f. 94.73 (15) (am) of the statutes is created to read:

94.73 (15) (am) The department may not increase a surcharge above the following amount:

1. Under s. 94.64 (3r) (b) 1. and 2., $20.

2. Under s. 94.64 (4) (a) 5., 63 cents per ton.

3. Under s. 94.681 (3) (a), $5.

4. Under s. 94.681 (3) (b), $170.

5. Under s. 94.681 (3) (c), 1.1 percent of gross revenues.

6. Under s. 94.685 (3) (a) 2., $40.

7. Under s. 94.703 (3) (a) 2., $55.

8. Under s. 94.704 (3) (a) 2., $20.

20,2599 Section 2599. 94.74 of the statutes is created to read:

94.74 Prevention of pollution from agricultural chemicals. (1) In this section, "agricultural chemical" has the meaning given in s. 94.73 (1) (a).

(2) The department may provide financial assistance to a business to pay not more than 50 percent of the costs of capital improvements designed to prevent pollution from agricultural chemicals. Under this section, the department may not provide funding for capital improvements at any site in an amount that exceeds $500,000 less any amount received under s. 94.73 for the site. The department may not expend more than $250,000 per fiscal year under this section.