20,1567
Section
1567. 85.09 (4i) of the statutes is amended to read:
85.09 (4i) Disposal of rail property. The department, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 16.310 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under s. 20.395 (2) (bq). This subsection does not apply to real property that is sold under s. 16.848.
20,1568
Section
1568. 85.15 (1) of the statutes is amended to read:
85.15 (1) The Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the department may improve, use, maintain or lease any property acquired for highway, airport or any other transportation purpose until the property is actually needed for any such purpose and may permit use of the property for purposes and upon such terms and conditions as the department deems in the public interest.
20,1568m
Section 1568m. 85.19 (1) of the statutes is amended to read:
85.19 (1) Standards. The department, in consultation with the department of natural resources under s. 281.33 (3) (a) 2., shall, by rule, establish standards for the control of soil erosion related to highway and bridge construction that is funded in whole or in part with state or federal funds. At a minimum, the The standards shall require the use of best management practices.
20,1569b
Section 1569b. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $66,585,600 for aid payable for calendar year 2010, $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year years 2012 to 2014 and $64,193,900 for calendar year 2015 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
20,1571d
Section 1571d. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $17,496,400 for aid payable for calendar year 2010, $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year years 2012 to 2014 and $16,868,000 for calendar year 2015 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.
20,1574
Section
1574. 85.20 (4m) (a) 7. a. of the statutes is amended to read:
85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2000 2010 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.
20,1576
Section
1576. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $25,099,500 in calendar year 2010, $25,852,500 in calendar year 2011, and $23,267,200 in calendar year
years 2012 and 2013, $23,544,900 in calendar year 2014, and $24,486,700 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
20,1577
Section
1577. 85.20 (4m) (a) 8. a. of the statutes is amended to read:
85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2000 2010 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.
20,1579
Section
1579. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,681,600 in calendar year 2010, $5,852,200 in calendar year 2011, and $5,267,000 in calendar year
years 2012 and 2013, $4,989,300 in calendar year 2014, and $5,188,900 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
20,1581
Section
1581. 85.63 of the statutes is created to read:
85.63 Surveying reference station system. (1) The department shall administer a surveying reference station system consisting of all of the following:
(a) A passive system consisting of a network of monuments located throughout the state that are used to generate latitude, longitude, and elevation data.
(b) An active surveying reference station system consisting of reference stations statewide that continuously transmit global positioning system data to a system server, and the server that receives and processes the data received from the reference stations.
(2) The department may charge a fee for providing access to the system under sub. (1) in an amount to be established by rule. All fees received under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (3) (jg).
20,1581t
Section 1581t. 86.19 (1g) of the statutes is created to read:
86.19 (1g) The department shall erect and maintain 3 directional signs, one viewable from the southbound lane of I 43 near the Highland Avenue and 11th Street exit in Milwaukee County, one viewable from the northbound lane of I 43 near the Michigan Street and 10th Street exit in Milwaukee County, and one viewable from the eastbound lane of I 794 near the James Lovell Street and St. Paul Avenue exit in Milwaukee County, for the Milwaukee Central Library. Each sign shall contain the words "Historic Milwaukee Public Library." The department may not charge any fee related to any sign erected and maintained under this subsection.
20,1581m
Section 1581m. 86.195 (3) (b) 3. of the statutes is amended to read:
86.195 (3) (b) 3. Fifty percent of the sales price, as defined in s. 77.51 (15b), of the business is from the sale of food and food ingredients, as defined in s. 77.51 (3t), that are taxable under subch. III of ch. 77 or that are bakery items produced by the seller; and
20,1581q
Section 1581q. 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 $2,055 in calendar year 2010 and $2,117 in calendar year 2011
years 2013 and 2014 and $2,202 in calendar year 2015 and thereafter.
20,1581s
Section 1581s. 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 $101,375,500 in calendar year 2010, $104,416,800 in calendar year 2011, and $94,615,600 in calendar year 2012 years 2013 and 2014 and $98,400,200 in calendar year 2015 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.
20,1581u
Section 1581u. 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 $318,939,100 in calendar year 2010, $328,507,300 in calendar year 2011, and $308,904,300 in calendar year 2012 years 2013 and 2014 and $321,260,500 in calendar year 2015 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.
20,1582
Section
1582. 86.34 (title) of the statutes is amended to read:
86.34 (title) Flood Disaster damage aids.
20,1583
Section
1583. 86.34 (1) of the statutes is renumbered 86.34 (1m), and 86.34 (1m) (a) and (b), as renumbered, are amended to read:
86.34 (1m) (a) When any public highway
, street, alley or bridge not on the state trunk highway system is damaged by flood a disaster, the county highway committee, or the governing body of the municipality having jurisdiction over the maintenance thereof of the highway, may adopt a petition for aid under this section and file a certified copy thereof of the petition with the department. To be eligible for aid the petition shall be filed not later than 2 months after the occurrence of the flood disaster damage, except as provided in par. (b). All such petitions shall state the dates on which the flood disaster damage occurred and as nearly as practical state the location, nature, and extent of the damage.
(b) The department may extend the filing deadline under par. (a) if it appears reasonably likely that federal disaster aid may be forthcoming or when widespread or continuous flooding disaster damage makes an evaluation of flood damage difficult.
20,1584
Section
1584. 86.34 (1g) of the statutes is created to read:
86.34 (1g) In this section:
(a) "Catastrophic highway failure" means the sudden failure of a major element or segment of the highway system due to a cause that is external to a highway, but does not include any failure primarily attributable to gradual and progressive deterioration or lack of proper maintenance of a highway.
(b) "Disaster" means any of the following:
1. A severe storm, flood, fire, tornado, mudslide, or other natural event external to a highway or a catastrophic highway failure.
2. An event or recurring damage caused by any governmental unit or person acting under the direction or approval of, or permit issued by, any governmental unit and in response to an event described in subd. 1.
(c) "Governmental unit" means the state or any state agency, as defined in s. 20.001 (1); any county, city, village, town, or other political subdivision of the state; or the federal government or any of its agencies.
(d) "Highway" means a highway, as defined in s. 340.01 (22), that is not on the state trunk highway system.
20,1585
Section
1585. 86.34 (2) of the statutes is amended to read:
86.34 (2) The department shall make such investigation as it deems necessary and within 6 months from the date of filing the petition shall make its determination as to the granting of aid, the amount thereof, and the conditions under which it is granted. In making its determination the department shall cause an estimate to be made of the cost of repairing or replacing the facilities damaged or destroyed by the flood to standards and efficiency similar to those previously existing immediately before the damage or destruction, and also an estimate of the cost of reconstructing the facilities to a higher type or improving any such facilities if determined to be warranted and advisable. Except as provided in sub. subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 1. shall be three-fourths 75 percent of the cost of repair or replacement to standards similar to those previously existing immediately before the damage or destruction, plus 50% of the increased cost of the reconstruction to a higher type or the improvement of any of the facilities. Except as provided in subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 2. shall be 70 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction. The department may revise estimates on the basis of additional facts. The county, town, village, or city shall pay the remainder of the cost not allowed as aid, but this shall not invalidate any other provision of the statutes whereby the cost may be shared by the county and the town, village, or city.
20,1586
Section
1586. 86.34 (2m) of the statutes is amended to read:
86.34 (2m) If Subject to sub. (6), if the department's estimate under sub. (2) of the cost of repair or improvement of the facilities determined by the department to be eligible for aid is $15,000 or less, the department shall offer the petitioner an amount of aid equal to 75% of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 1. or 70 percent of the total amount of the department's estimate for damage caused by a disaster described in sub. (1g) (b) 2. If the petitioner accepts aid under this subsection, the aid shall be paid to the petitioner or, subject to sub. (5), the county, and no other form of aid is available under this section for the repair or improvement of such facilities.
20,1587
Section
1587. 86.34 (6) of the statutes is created to read:
86.34 (6)
(a) The department may not pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, unless the payment of aid is approved by the governor
and approved as provided in par. (b) .
(b) If the department proposes to pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, the department shall notify the joint committee on finance in writing of the proposed payment. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed payment within 14 working days after the date of the department's notification, the department may consider the proposed payment approved for purposes of par. (a). If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed payment, the proposed payment is not approved for purposes of par. (a) unless it is expressly approved by the committee.
20,1587m
Section 1587m. 86.34 (7) of the statutes is created to read:
86.34 (7) Beginning in the 2nd fiscal year of the 2013-15 fiscal biennium, and in the 2nd fiscal year of each fiscal biennium thereafter, the department shall calculate the amount of aid paid under this section, during the biennium, in excess of $1,000,000, in connection with disaster damage resulting from a single disaster. The amount calculated under this subsection shall be transferred under s. 20.855 (4) (fr) from the general fund to the transportation fund in the 2nd fiscal year of each fiscal biennium.
20,1587p
Section 1587p. 91.01 (15) (intro.) of the statutes is amended to read:
91.01 (15) (intro.) "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 or grants:
20,1587pb
Section 1587pb. 91.04 (2) (intro.) of the statutes is amended to read:
91.04 (2) (intro.) A review and analysis of relevant information related to the farmland preservation program under this chapter and associated tax credit claims under
subch. IX of ch. 71 and grant applications under s. 91.90, including information related to all of the following:
20,1587pc
Section 1587pc. 91.04 (2) (b) of the statutes is amended to read:
91.04 (2) (b) Tax credit claims by landowners and grants paid to landowners, including the number of claimants and applicants for grants, the amount of credits claimed and grants paid, acreage covered by tax credit claims and grant applications, the amount of credits claimed and grant applications made under zoning ordinances and under farmland preservation agreements, and relevant projections and trends.
20,1587pd
Section 1587pd. 91.60 (3) (c) of the statutes is amended to read:
91.60 (3) (c) The department and an owner of land who entered into a farmland preservation agreement before July 1, 2009, may agree to modify the farmland preservation agreement in order to allow the owner to claim the tax credit under s. 71.613 for a taxable year beginning before January 1, 2014, rather than the tax credit for which the owner would otherwise be eligible. The department and an owner of land who entered into a farmland preservation agreement before July 1, 2009, may agree to modify the farmland preservation agreement in order to allow the owner to receive a grant under s. 91.90 rather than the tax credit to which the owner would otherwise be eligible.
20,1587pe
Section 1587pe. 91.64 (1) of the statutes is amended to read:
91.64 (1) Submitting an application. An owner who wishes to enter into a farmland preservation agreement shall submit an application signed by the owner and each person required to be identified under sub. (2) (f), on a form provided by the department, to the county clerk of the county in which the land is located.
20,1587pg
Section 1587pg. 91.64 (2) (g) of the statutes is repealed.
20,1587q
Section 1587q. 91.80 of the statutes is amended to read:
91.80 Soil and water conservation by persons claiming tax credits or applying for grants. An owner claiming farmland preservation tax credits under s. 71.613 or applying for a grant under s. 91.90 shall comply with applicable land and water conservation standards promulgated by the department under ss. 92.05 (3) (c) and (k), 92.14 (8), and 281.16 (3) (b) and (c).
20,1587r
Section 1587r. 91.82 (1) (b) of the statutes is amended to read:
91.82 (1) (b) For the purpose of par. (a), a county land conservation committee shall inspect each farm for which the owner claims farmland preservation tax credits under subch. IX of ch. 71 or applies for grants under s. 91.90 at least once every 4 years.
20,1587s
Section 1587s. 91.82 (2) (b) of the statutes is amended to read:
91.82 (2) (b) A county land conservation committee shall provide to the department of revenue and the department of agriculture, trade and consumer protection a copy of each notice of noncompliance issued under par. (a).
20,1587t
Section 1587t. Subchapter VII of chapter 91 [precedes 91.90] of the statutes is created to read:
Chapter 91
Subchapter VII
Farmland preservation Grants
91.90 Farmland preservation grants.
(1) Definitions. In this section:
(a) "Eligible farm" means a farm that has produced at least $6,000 in gross farm revenues during the taxable year to which an application relates or, in the taxable year to which the application relates and the 2 immediately preceding taxable years, at least $18,000 in gross farm revenues.
(b) "Household" means an individual and his or her spouse and all minor dependents.
(c) "Qualifying acres" means the number of acres of an eligible farm that correlate to an applicant's percentage of ownership interest in the eligible farm to which one of the following applies:
1. The eligible farm is wholly or partially covered by a farmland preservation agreement, except that if the eligible farm is only partially covered, the qualifying acres calculation includes only those acres that are covered by a farmland preservation agreement.
2. The eligible farm is located in a farmland preservation zoning district at the end of the taxable year to which the application relates.
3. If the applicant transferred the applicant's ownership interest in the eligible farm during the taxable year to which the application relates, the eligible farm was wholly or partially covered by a farmland preservation agreement, or the eligible farm was located in a farmland preservation zoning district, on the date on which the applicant transferred the ownership interest. For the purposes of this subdivision, a land contract is a transfer of ownership interest.
(2) Eligible applicant. An owner of farmland, domiciled in this state during the entire taxable year to which an application under this section relates, is eligible for a grant under this section, subject to the following:
(a) If 2 or more individuals of a household are able to qualify individually as an applicant, they may determine between them who the applicant will be. If they are unable to agree, the matter shall be referred to the secretary of agriculture, trade and consumer protection, whose decision is final.
(b) If any person in a household has claimed or will claim credit under subch. VIII of ch. 71, all persons from that household are ineligible to receive a grant under this
section for the year to which the credit under subch. VIII of ch. 71 pertains.
(c) For partnerships, except publicly traded partnerships treated as corporations under s. 71.22 (1k), each individual partner is an eligible applicant.
(d) For limited liability companies, except limited liability companies treated as corporations under s. 71.22 (1k), each individual member is an eligible applicant.
(e) For purposes of filing an application under this section, the personal representative of an estate and the trustee of a trust are considered owners of farmland. The estate of a person who is a nonresident of this state on the person's date of death, a trust created by a nonresident person, a trust that receives Wisconsin real property from a nonresident person, or a trust in which a nonresident settlor retains a beneficial interest is not an eligible applicant under this section.
