Amendment AA26-ASA1-AB150

AB150-ASA1-AA26,119,7 (2) Certification. (a) If, on November 1, 1995, or November 1, 1996, or both, the secretary of transportation determines that there will be a federal revenue shortage for the period beginning on the previous October 1 and ending on the succeeding September 30, the secretary shall certify the amount of that shortage to the secretary of revenue.

AB150-ASA1-AA26,119,17 (b) If the secretary of revenue receives a certification under par. (a), the secretary shall estimate the adjustment in the rate for the tax that is imposed under s. 78.01 (1) that, with the same adjustment in the rate of the tax imposed under s. 78.40 (1), will, during the period beginning on the December 1 after the certification under par. (a) and ending on the November 30 of the year after that certification, offset the certified federal revenue shortage. The secretary shall adjust the rate for the tax that is imposed under s. 78.01 (1) by the amount that the secretary has estimated, rounded to the nearest 0.1 cent, but not to exceed 2 cents. That adjustment is effective on December 1 and continues until November 30 of the next year.".

AB150-ASA1-AA26,119,18 455. Page 1196, line 16: after that line insert:

AB150-ASA1-AA26,119,19 " Section 3500cd. 78.12 (2) (intro.) of the statutes is amended to read:

AB150-ASA1-AA26,119,24 78.12 (2) Reports of licensees. (intro.) Each licensee shall, not later than the last 20th day of each month, file with the department, or, if the department so requires, file electronically with any state agency that the department specifies, on forms prescribed and furnished by the department, a report that indicates for the month before the month during which the report is due the following:

AB150-ASA1-AA26, s. 3500cg Section 3500cg. 78.12 (4) (a) 4. of the statutes is amended to read:

AB150-ASA1-AA26,120,3 78.12 (4) (a) 4. Multiply the number of gallons under subd. 3. by the rate under s. 78.015, as adjusted under s. 78.017.

AB150-ASA1-AA26, s. 3500cj Section 3500cj. 78.12 (4) (b) 2. of the statutes is amended to read:

AB150-ASA1-AA26,120,6 78.12 (4) (b) 2. Multiply the number of gallons under subd. 1. by the rate under s. 78.015, as adjusted under s. 78.017.

AB150-ASA1-AA26, s. 3500cm Section 3500cm. 78.12 (5) (a) of the statutes is amended to read:

AB150-ASA1-AA26,120,23 78.12 (5) (a) Licensed suppliers shall pay taxes on motor vehicle fuel no later than the 15th 20th day of the month for motor vehicle fuel sold during the previous month. At the option of a wholesaler distributor, a licensed supplier shall allow the wholesaler distributor to delay paying the tax to the licensed supplier until the date that the tax is due to this state. A wholesaler distributor who makes delayed payments shall make the payments by electronic funds transfer. If a wholesaler distributor fails to make timely payments, the licensed supplier may terminate the right of the wholesaler distributor to make delayed payments. Each licensed supplier shall notify the department of each wholesaler distributor who makes delayed payments of the tax. The department may require any wholesaler distributor who makes delayed payments of the tax to file with the department a surety bond payable to this state in an amount not to exceed 3 times the highest estimated monthly tax owed by the wholesaler distributor. Whenever the wholesaler distributor pays the licensed supplier, the licensed supplier shall credit the wholesaler distributor's account for the amount of tax reduction that results from the calculation under s. 78.12 (4) (a) 2.

AB150-ASA1-AA26, s. 3500cp Section 3500cp. 78.40 (1) of the statutes is amended to read:

AB150-ASA1-AA26,121,14 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under s. 78.405, as adjusted under s. 78.407, is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.

AB150-ASA1-AA26, s. 3500cr Section 3500cr. 78.407 of the statutes is created to read:

AB150-ASA1-AA26,121,19 78.407 Temporary federal revenue decrease adjustment. If the rate for the tax that is imposed under s. 78.01 (1) is adjusted under s. 78.017, the rate for the tax that is imposed under s. 78.40 (1) is adjusted by the same amount on the same day.".

AB150-ASA1-AA26,121,20 456. Page 1196, line 20: after that line insert:

AB150-ASA1-AA26,121,21 " Section 3500eg. 78.49 (1) (a) of the statutes is amended to read:

AB150-ASA1-AA26,122,10 78.49 (1) (a) For the purpose of determining the amount of liability to the state for the tax under this subchapter, except as provided in par. (b), each alternate fuels licensee shall, not later than the last 20th day of each month, file a monthly report for the next preceding month with the department on forms furnished and prescribed by it. Such report shall contain a declaration by the licensee that the statements contained therein are accurate and are a true return of the amount of the alternate fuels tax due and shall be subscribed by the licensee or the licensee's duly authorized agent. The report shall show, with reference to each location at which an alternate fuel is delivered or placed by such licensee into a fuel supply tank of any motor vehicle, the information that the department reasonably requires for the proper administration and enforcement of the tax under this subchapter. The department shall give due consideration to the varying types of operations and transactions in specifying the information required.

AB150-ASA1-AA26, s. 3500em Section 3500em. 78.49 (1) (b) of the statutes is amended to read:

AB150-ASA1-AA26,122,16 78.49 (1) (b) The department may allow alternate fuels licensees whose tax liability is less than $500 per quarter to file on a quarterly basis. Quarterly reports shall be mailed on or before the last 20th day of the next month following the end of each calendar quarter. The report shall contain the declaration, subscription and information specified in par. (a).".

AB150-ASA1-AA26,122,17 457. Page 1196, line 24: after that line insert:

AB150-ASA1-AA26,122,18 " Section 3503g. 78.75 (1m) (a) 2. of the statutes is amended to read:

AB150-ASA1-AA26,122,24 78.75 (1m) (a) 2. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating a snowmobile, as defined under s. 340.01 (58a), an aircraft, as defined under s. 78.55 (2), or a motorboat, as defined under s. 30.50 (6), unless the motorboat is exempt from registration as a motor vehicle under s. 341.05 (20) not a recreational motorboat, may not be reimbursed or repaid the amount of tax paid.

AB150-ASA1-AA26, s. 3503j Section 3503j. 78.75 (1m) (a) 3. of the statutes is amended to read:

AB150-ASA1-AA26,123,15 78.75 (1m) (a) 3. Claims under subd. 1 shall be made and filed upon forms prescribed and furnished by the department. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) and shall indicate that estimated all-terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.".

AB150-ASA1-AA26,123,16 458. Page 1200, line 15: delete lines 15 to 19.

AB150-ASA1-AA26,123,17 459. Page 1201, line 2: delete lines 2 to 14.

AB150-ASA1-AA26,123,18 460. Page 1204, line 24: after that line insert:

AB150-ASA1-AA26,123,19 " Section 3518b. 84.02 (4) (b) of the statutes is amended to read:

AB150-ASA1-AA26,124,10 84.02 (4) (b) No person shall mark any other highway routes or trails unless the route marked shall coincide exactly with the state trunk system. No such routes shall be marked until exact descriptions of the routes selected for marking have been filed with and the routes and markings approved by the department. Every route laid out and marked shall be made to conform to the state trunk system, and the person responsible for the marking of such route shall remove or erase such marks from every portion of such route which does not coincide with the state trunk highway system. The department shall report to the secretary of state department of financial institutions any violations of or failure to comply with the provisions of this subsection, and the secretary of state department of financial institutions shall thereupon revoke the privilege, license or incorporation of the offender, and the department shall cause the offending marks to be erased, removed or destroyed. The expense of such erasure, removal or destruction shall be paid out of funds appropriated to the department, and may be recovered in the name of the state from the person responsible for such unauthorized marking.".

AB150-ASA1-AA26,124,11 461. Page 1204, line 24: after that line insert:

AB150-ASA1-AA26,124,12 " Section 3516g. 84.01 (30) of the statutes is created to read:

AB150-ASA1-AA26,124,18 84.01 (30) Environmental clean-up activities. From the appropriation under s. 20.395 (3) (aq), the department may fund environmental clean-up activities on lands acquired by the department that are not eligible to receive funding for such activities as part of a highway improvement project. Nothing in this subsection relieves a person from any responsibility to reimburse the department for any costs incurred by the department under this subsection.

AB150-ASA1-AA26, s. 3516m Section 3516m. 84.013 (2) (c) of the statutes is created to read:

AB150-ASA1-AA26,124,22 84.013 (2) (c) The department shall give priority to the completion of the major highway project authorized in sub. (3) (vL) in programming the expenditure of funds for major highway projects.

AB150-ASA1-AA26, s. 3516r Section 3516r. 84.013 (3) (kb) to (km) of the statutes are created to read:

AB150-ASA1-AA26,125,3 84.013 (3) (kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.

AB150-ASA1-AA26,125,7 (kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.

AB150-ASA1-AA26,125,11 (km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire freeway, in Eau Claire and Chippewa counties.

AB150-ASA1-AA26, s. 3517c Section 3517c. 84.013 (3) (ye) of the statutes is amended to read:

AB150-ASA1-AA26,125,14 84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.

AB150-ASA1-AA26, s. 3517m Section 3517m. 84.06 (1) of the statutes is amended to read:

AB150-ASA1-AA26,125,20 84.06 (1) (title) Definitions, plans. "Improvement" In this section, "improvement" or "highway improvement" as used in this section includes construction, reconstruction and the activities, operations and processes incidental to building, fabricating or bettering a highway, public mass transportation system or street, but not maintenance.

AB150-ASA1-AA26,126,2 (1m) (title) Plans. 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.".

AB150-ASA1-AA26,126,3 462. Page 1206, line 15: after that line insert:

AB150-ASA1-AA26,126,4 " Section 3519jc. 84.076 (5) of the statutes is amended to read:

AB150-ASA1-AA26,126,6 84.076 (5) Sunset. This section does not apply after June 30, 1995 September 30, 1997.

AB150-ASA1-AA26, s. 3519je Section 3519je. 84.078 (1) (a) of the statutes is renumbered 84.078 (1) (bm).

AB150-ASA1-AA26, s. 3519jg Section 3519jg. 84.078 (1) (am) of the statutes is created to read:

AB150-ASA1-AA26,126,11 84.078 (1) (am) "High-volume industrial waste" means fly ash, bottom ash, paper mill sludge or foundry process waste, or any other waste with similar characteristics specified by the department of natural resources by rule.

AB150-ASA1-AA26, s. 3519jm Section 3519jm. 84.078 (1) (ar) of the statutes is created to read:

AB150-ASA1-AA26,126,13 84.078 (1) (ar) "Highway improvement" has the meaning given in s. 84.06 (1).

AB150-ASA1-AA26, s. 3519jp Section 3519jp. 84.078 (1) (b) of the statutes is repealed.

AB150-ASA1-AA26, s. 3519jr Section 3519jr. 84.078 (2) of the statutes is amended to read:

AB150-ASA1-AA26,126,23 84.078 (2) The department shall use or encourage the use of the maximum possible amount of recovered material, including ash from industrial or utility boilers, foundry sand, glass, paper mill sludge, wastepaper, pavement and rubber recovered from waste tires high-volume industrial waste as surfacing material, structural material, landscaping material and fill for all highway improvements, as defined under s. 84.06 (1), consistent with standard engineering practices. The department shall specify the proportion of recovered material that may be used in various types of highway improvements.

AB150-ASA1-AA26, s. 3519jt Section 3519jt. 84.078 (3) of the statutes is created to read:

AB150-ASA1-AA26,127,4 84.078 (3) (a) Notwithstanding chs. 144, 147 and 160, no person is required to take or pay for any remedial or corrective action as a result of environmental pollution resulting from the use of high-volume industrial waste in a highway improvement project if all of the following apply:

AB150-ASA1-AA26,127,8 1. The high-volume industrial waste is incorporated into the highway improvement in accordance with the policies, guidelines and rules applicable to the highway improvement at the time of the design of the improvement and at the time of certification under subd. 2.

AB150-ASA1-AA26,127,14 2. The department of natural resources certifies to the department of transportation, before the time that the department of transportation advertises for bids for the improvement, that the high-volume industrial waste intended to be used and the design for the use of the high-volume industrial waste comply with all applicable state requirements or standards administered by the department of natural resources.

AB150-ASA1-AA26,127,20 (b) The exemption under par. (a) extends to the transportation of high-volume industrial waste to or from the site of a highway improvement and to the storage of high-volume industrial waste at the site of a highway improvement. The exemption provided under par. (a) continues to apply after the date of certification by the department of natural resources under par. (a) 2., notwithstanding the occurrence of any of the following:

AB150-ASA1-AA26,127,22 1. Statutes or rules are amended that would impose greater responsibilities on the department of transportation.

AB150-ASA1-AA26,128,2 2. Alterations due to construction, maintenance, utility installation or other activities by the department of transportation or approved by the department of transportation after the completion of the highway improvement affect the high-volume industrial waste at the site of the highway improvement.

AB150-ASA1-AA26,128,9 (c) The department of transportation and the department of natural resources may enter into agreements establishing standard lists of high-volume industrial waste that may be used in highway improvements and designs for the use of high-volume industrial waste in highway improvements that comply with rules of the department of natural resources applicable at the time of the design of the highway improvement in order to simplify certification under par. (a) 2. to the greatest extent possible.

AB150-ASA1-AA26,128,13 (d) 1. No state agency may commence an action or proceeding under federal or state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.

AB150-ASA1-AA26,128,17 2. No person may commence an action under state law to require remedial action or to recover the costs of remedying environmental pollution related to the use of high-volume industrial waste in a highway improvement certified under par. (a) 2.".

AB150-ASA1-AA26,128,19 463. Page 1206, line 16: delete the material beginning with that line and ending with page 1208, line 4.

AB150-ASA1-AA26,128,20 464. Page 1208, line 10: after that line insert:

AB150-ASA1-AA26,128,21 " Section 3523g. 84.59 (6) of the statutes is amended to read:

AB150-ASA1-AA26,129,5 84.59 (6) Revenue obligations may be contracted by the building commission 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. Revenue obligations issued under this section shall not exceed $950,834,000 $1,089,701,500 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $841,634,000 $1,046,821,300 of the $950,834,000 $1,089,701,500 may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.

AB150-ASA1-AA26, s. 3524g Section 3524g. 85.012 of the statutes is created to read:

AB150-ASA1-AA26,129,12 85.012 Plans and programs exempt from consideration of environmental impacts. A plan or program under the jurisdiction of the department is not a major action significantly affecting the quality of the human environment under s. 1.11 (2). For purposes of this section, a plan or program of the department does not include a transportation project under the jurisdiction of the department.".

AB150-ASA1-AA26,129,13 465. Page 1208, line 16: after that line insert:

AB150-ASA1-AA26,129,14 " Section 3524pe. 85.022 (1) (m) of the statutes is repealed.

AB150-ASA1-AA26, s. 3524pg Section 3524pg. 85.022 (2) of the statutes is created to read:

AB150-ASA1-AA26,129,19 85.022 (2) (a) The department shall allocate $250,000 in each fiscal year of the 1995-97 biennium from the appropriation under s. 20.395 (2) (hq) for a study of high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.

AB150-ASA1-AA26,129,21 (b) 1. Except as provided in subd. 2., funds may be expended under par. (a) only to match funds, at the ratio of one-to-one from the state of Minnesota for the study.

AB150-ASA1-AA26,129,24 2. No funds may be expended under par. (a) unless the federal government contributes funds for a study under par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.

AB150-ASA1-AA26, s. 3524pj Section 3524pj. 85.026 of the statutes is created to read:

AB150-ASA1-AA26,130,4 85.026 Urban rail transit system studies. Notwithstanding any other provision of this chapter, the department may not expend any moneys for the study of an urban rail transit system, including any light rail transit system.

AB150-ASA1-AA26, s. 3524pm Section 3524pm. 85.061 (3) of the statutes is amended to read:

AB150-ASA1-AA26,130,19 85.061 (3) Program. The department shall administer a rail passenger route development program. From the appropriation under s. 20.866 (2) (up), the department may fund capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and between the cities of Milwaukee and Green Bay. The extension of the Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible. The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) for the extension of a route under this subsection unless the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that extension route and the joint committee on finance approves the use of the proceeds. The department may contract with Amtrak, railroads or other persons to perform the activities under this subsection.

AB150-ASA1-AA26, s. 3524pr Section 3524pr. 85.08 (4m) (e) 1. of the statutes is amended to read:

AB150-ASA1-AA26,131,4 85.08 (4m) (e) 1. Upon the request of an eligible applicant, the department may negotiate and enter into a loan agreement with the eligible applicant for purposes of rehabilitating a rail line or to finance an economic development and transportation efficiency project, including a project designed to promote safety or the viability of a statewide system of freight rail service, to assist intermodal freight movement or to provide industry access to a rail line. A loan made under this paragraph shall finance a project that confers a public benefit or enhances economic development in this state. Loans made under this paragraph shall be paid from the appropriation under s. 20.395 (2) (bt), (bu), (bw) or (bx).

AB150-ASA1-AA26, s. 3524pt Section 3524pt. 85.085 (1) of the statutes is renumbered 85.085 (1m).

AB150-ASA1-AA26, s. 3524pv Section 3524pv. 85.085 (1b) of the statutes is created to read:

AB150-ASA1-AA26,131,10 85.085 (1b) In this section, "rehabilitated" means a significant rebuilding of railroad track that restores severely deteriorated track to a minimum service standard or, for track that is at or above a minimum service standard, that increases the service standard of the track.

AB150-ASA1-AA26, s. 3524px Section 3524px. 85.085 (3) of the statutes is amended to read:

AB150-ASA1-AA26,131,17 85.085 (3) The department shall not make any payment under this section unless the applicable private road crossing permit provides that the rail transit commission shall, at the user's sole cost and expense, maintain, repair and renew the private road crossing. "Maintain, repair and renew" does not include any rebuilding of a private road crossing that is required because the applicable tracks have been rehabilitated.".

AB150-ASA1-AA26,131,19 466. Page 1208, line 23: delete the material beginning with that line and ending with page 1211, line 12.