85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hr), (hs), (ht), or (hu), or (hw).
28,1937m
Section 1937m. 85.205 of the statutes is repealed.
28,1938
Section
1938. 85.215 of the statutes is created to read:
85.215 Tribal elderly transportation grant program. The department shall award grants to federally recognized American Indian tribes or bands to assist in providing transportation services for elderly persons. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (1) (ck). The department shall prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The department shall establish criteria for evaluating applications and for awarding grants under this section.
28,1939
Section
1939. 85.26 of the statutes is created to read:
85.26 Intercity bus assistance program.
(1) Definitions. In this section:
(a) "Intercity bus service" means regularly scheduled bus service for the general public that operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity, that has the capacity for transporting baggage carried by passengers, and that makes meaningful connections with scheduled intercity bus service to more distant points if service to more distant points is available.
(b) "Net operating loss" means the portion of the reasonable costs of operating an intercity bus service route that cannot reasonably be financed from revenues derived from the route.
(c) "Political subdivision" means a city, village, town, or county.
(2) Administration. (a) The department shall develop and administer an intercity bus assistance program to increase the availability of intercity bus service in this state. Under this program, the department may do any of the following:
1. Contract with private providers of intercity bus service to support intercity bus service routes of the provider.
2. Make grants to political subdivisions to support intercity bus service routes having an origin or destination in the political subdivision.
(b) All expenditures under the program shall be made from the appropriations under s. 20.395 (1) (bq), (bv), and (bx). The department may not enter into any contract under par. (a) 1., or award any grant under par. (a) 2., that provides funds to support any intercity bus service route in an amount exceeding the lesser of the following:
1. Fifty percent of the net operating loss of the intercity bus service route.
2. The portion of the net operating loss of the intercity bus service route for which federal funds are not available.
(c) 1. The department shall prescribe the form, nature, and extent of the information which shall be contained in an application for a grant under par. (a) 2.
2. The department shall establish criteria for evaluating applications for grants under par. (a) 2.
28,1940m
Section 1940m. 86.195 (3) (e) 2. of the statutes is amended to read:
86.195 (3) (e) 2. Regional significance. For purposes of this subdivision, an agricultural research station owned or managed by a university has regional significance regardless of the number of visitors to the station.
28,1941
Section
1941. 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 $1,862 in calendar year 2006, $1,899 in calendar year 2007, $1,956 in calendar year 2008, and $2,015 in calendar year 2009
, $2,055 in calendar year 2010, and $2,117 in calendar year 2011 and thereafter.
28,1942
Section
1942. 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 $91,845,500 in calendar year 2006, $93,682,400 in calendar year 2007, $96,492,900 in calendar year 2008, and $99,387,700 in calendar year 2009, $101,375,500 in calendar year 2010, and $104,416,800 in calendar year 2011 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.
28,1943
Section
1943. 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 $288,956,900 in calendar year 2006, $294,736,000 in calendar year 2007, $303,578,100 in calendar year 2008, and $312,685,400 in calendar year 2009, $318,939,100 in calendar year 2010, and $328,507,300 in calendar year 2011 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.
28,1944
Section
1944. 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 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 $5,127,000 in fiscal year 2009-10 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).
28,1945
Section
1945. 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 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 $732,500 in fiscal year 2009-10 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).
28,1946
Section
1946. 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 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 $976,500 in fiscal year 2009-10 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).
28,1947
Section
1947. Chapter 91 of the statutes is repealed and recreated to read:
Chapter 91
Farmland preservation
Subchapter I
Definitions and General provisions
91.01 Definitions. In this chapter:
(1) "Accessory use" means any of the following land uses on a farm:
(a) A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use.
(b) An activity or business operation that is an integral part of, or incidental to, an agricultural use.
(c) A farm residence.
(d) A business, activity, or enterprise, whether or not associated with an agricultural use, that is conducted by the owner or operator of a farm, that requires no buildings, structures, or improvements other than those described in par. (a) or (c), that employs no more than 4 full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.
(e) Any other use that the department, by rule, identifies as an accessory use.
(1m) "Agricultural enterprise area" means an area designated in accordance with s. 91.84.
(2) "Agricultural use" means any of the following:
(a) Any of the following activities conducted for the purpose of producing an income or livelihood:
1. Crop or forage production.
2. Keeping livestock.
3. Beekeeping.
4. Nursery, sod, or Christmas tree production.
4m. Floriculture.
5. Aquaculture.
6. Fur farming.
7. Forest management.
8. Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.
(b) Any other use that the department, by rule, identifies as an agricultural use.
(3) "Agriculture-related use" means any of the following:
(a) An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.
(b) Any other use that the department, by rule, identifies as an agriculture-related use.
(5) "Base farm tract" means one of the following:
(a) All land, whether one parcel or 2 or more contiguous parcels, that is in a farmland preservation zoning district and that is part of a single farm on the date that the department under s. 91.36 (1) first certifies the farmland preservation zoning ordinance covering the land or on an earlier date specified in the farmland preservation zoning ordinance, regardless of any subsequent changes in the size of the farm.
(b) Any other tract that the department by rule defines as a base farm tract.
(6) "Certified farmland preservation plan" means a farmland preservation plan that is certified as determined under s. 91.12.
(7) "Certified farmland preservation zoning ordinance" means a zoning ordinance that is certified as determined under s. 91.32.
(8) "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, the town board chairperson of a town, or the county executive of a county, or, if the county does not have a county executive, the chairperson of the county board of supervisors.
(9) "Comprehensive plan" has the meaning given in s. 66.1001 (1) (a).
(10) "Conditional use" means a use allowed under a conditional use permit, special exception, or other special zoning permission issued by a political subdivision.
(11) "County land conservation committee" means a committee created under s. 92.06 (1).
(12) "Department" means the department of agriculture, trade and consumer protection.
(13) "Farm" means all land under common ownership that is primarily devoted to agricultural use.
(14) "Farm acreage" means size of a farm in acres.
(15) "Farmland preservation agreement" means any of the following agreements between an owner of land and the department under which the owner agrees to restrict the use of land in return for tax credits:
(a) A farmland preservation agreement or transition area agreement entered into under s. 91.13, 2007 stats., or s. 91.14, 2007 stats.
(b) An agreement entered into under s. 91.60 (1).
(16) "Farmland preservation area" means an area that is planned primarily for agricultural use or agriculture-related use, or both, and that is one of the following:
(a) Identified as an agricultural preservation area or transition area in a farmland preservation plan described in s. 91.12 (1).
(b) Identified under s. 91.10 (1) (d) in a farmland preservation plan described in s. 91.12 (2).
(17) "Farmland preservation plan" means a plan for the preservation of farmland in a county, including an agricultural preservation plan under subch. IV of ch. 91, 2007 stats.
(18) "Farmland preservation zoning district" means any of the following:
(a) An area zoned for exclusive agricultural use under an ordinance described in s. 91.32 (1).
(b) A farmland preservation zoning district designated under s. 91.38 (1) (c) in an ordinance described in s. 91.32 (2).
(19) "Farm residence" means any of the following structures that is located on a farm:
(a) A single-family or duplex residence that is the only residential structure on the farm or is occupied by any of the following:
1. An owner or operator of the farm.
2. A parent or child of an owner or operator of the farm.
3. An individual who earns more than 50 percent of his or her gross income from the farm.
(b) A migrant labor camp that is certified under s. 103.92.
(20) "Gross farm revenues" has the meaning given in s. 71.613 (1) (g).
(20m) "Livestock" means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm-raised fish.
(21) "Nonfarm residence" means a single-family or multi-family residence other than a farm residence.
(22) "Nonfarm residential acreage" means the total number of acres of all parcels on which nonfarm residences are located.
