Amendment SA1-AB557

LRBa2514/1

TNF/PEN/JS:skg:ch

1995 - 1996 LEGISLATURE

SENATE AMENDMENT 1, To 1995 ASSEMBLY BILL 557

November 7, 1995 - Offered by Committee on Transportation, Agriculture and Local Affairs.

AB557-SA1,1,1 At the locations indicated, amend the engrossed bill as follows:

AB557-SA1,1,4 1. Page 3, line 2: after the semicolon insert: "exempting certain equipment from the utility tax on railroads; exempting certain state highway construction projects from performance and payment bonding requirements;".

AB557-SA1,1,6 2. Page 3, line 3: delete "transportation facilities economic assistance and development aid;".

AB557-SA1,1,7 3. Page 3, line 10: delete "aids for county forest roads;".

AB557-SA1,1,9 4. Page 3, line 13: after the semicolon insert: "signs informing motorists of gaming operations;".

AB557-SA1,1,11 5. Page 3, line 16: after the semicolon insert: "creating a rail passenger service grant program;".

AB557-SA1,1,14 6. Page 10, line 11: increase the dollar amount for fiscal year 1995-96 by $1,200,000 and increase the dollar amount for fiscal year 1996-97 by $2,400,000 to increase funding for the purpose for which the appropriation is made.

AB557-SA1,2,3 7. Page 10, line 12: increase the dollar amount for fiscal year 1995-96 by $17,871,000 and increase the dollar amount for fiscal year 1996-97 by $72,019,500 to increase funding for the purpose for which the appropriation is made.

AB557-SA1,2,6 8. Page 10, line 19: increase the dollar amount for fiscal year 1995-96 by $597,100 and increase the dollar amount for fiscal year 1996-97 by $2,403,300 to increase funding for the purpose for which the appropriation is made.

AB557-SA1,2,7 9. Page 11, line 13: delete lines 13 to 20.

AB557-SA1,2,10 10. Page 12, line 2: decrease the dollar amount for fiscal year 1995-96 by $180,500 and decrease the dollar amount for fiscal year 1996-97 by $180,500 to decrease funding for the purpose for which the appropriation is made.

AB557-SA1,2,13 11. Page 12, line 15: decrease the dollar amount for fiscal year 1995-96 by $9,000 and decrease the dollar amount for fiscal year 1996-97 by $9,000 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,2,16 12. Page 13, line 3: increase the dollar amount for fiscal year 1995-96 by $8,200 and increase the dollar amount for fiscal year 1996-97 by $8,200 to increase funding for the purposes for which the appropriation is made.

AB557-SA1,2,19 13. Page 13, line 4: decrease the dollar amount for fiscal year 1995-96 by $22,200 and decrease the dollar amount for fiscal year 1996-97 by $22,200 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,2,22 14. Page 13, line 10: decrease the dollar amount for fiscal year 1995-96 by $52,300 and decrease the dollar amount for fiscal year 1996-97 by $52,300 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,3,3 15. Page 14, line 4: decrease the dollar amount for fiscal year 1995-96 by $250,000 and decrease the dollar amount for fiscal year 1996-97 by $250,000 to decrease funding for the purpose for which the appropriation is made.

AB557-SA1,3,6 16. Page 14, line 10: decrease the dollar amount for fiscal year 1995-96 by $250,000 and decrease the dollar amount for fiscal year 1996-97 by $250,000 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,3,9 17. Page 15, line 10: increase the dollar amount for fiscal year 1995-96 by $112,500 and increase the dollar amount for fiscal year 1996-97 by $112,500 to increase funding for the purposes for which the appropriation is made.

AB557-SA1,3,12 18. Page 15, line 17: increase the dollar amount for fiscal year 1995-96 by $2,046,500 and increase the dollar amount for fiscal year 1996-97 by $6,141,800 to increase funding for the purposes for which the appropriation is made.

AB557-SA1,3,15 19. Page 16, line 4: decrease the dollar amount for fiscal year 1995-96 by $12,854,200 and decrease the dollar amount for fiscal year 1996-97 by $1,390,700 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,3,18 20. Page 16, line 10: decrease the dollar amount for fiscal year 1995-96 by $163,900 and decrease the dollar amount for fiscal year 1996-97 by $163,900 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,3,21 21. Page 16, line 16: increase the dollar amount for fiscal year 1995-96 by $843,200 and increase the dollar amount for fiscal year 1996-97 by $843,200 to increase funding for the purpose for which the appropriation is made.

AB557-SA1,4,3 22. Page 17, line 3: decrease the dollar amount for fiscal year 1995-96 by $2,283,300 and decrease the dollar amount for fiscal year 1996-97 by $2,259,900 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,4,6 23. Page 17, line 5: decrease the dollar amount for fiscal year 1995-96 by $1,800 and decrease the dollar amount for fiscal year 1996-97 by $1,800 to decrease funding for the purpose for which the appropriation is made.

AB557-SA1,4,9 24. Page 18, line 8: decrease the dollar amount for fiscal year 1995-96 by $73,300 and decrease the dollar amount for fiscal year 1996-97 by $96,700 to decrease funding for the purposes for which the appropriation is made.

AB557-SA1,4,12 25. Page 18, line 15: increase the dollar amount for fiscal year 1995-96 by $228,600 and increase the dollar amount for fiscal year 1996-97 by $228,600 to increase funding for the purposes for which the appropriation is made.

AB557-SA1,4,13 26. Page 20, line 10: delete lines 10 and 11.

AB557-SA1,4,14 27. Page 21, line 1: delete lines 1 to 16.

AB557-SA1,4,15 28. Page 25, line 25: after that line insert:

AB557-SA1,4,16 " Section 24m. 20.490 (3) of the statutes is created to read:

AB557-SA1,4,19 20.490 (3) Rail passenger service grant program. (q) Transfer for grants. From the transportation fund, all moneys received from the appropriation account under s. 20.865 (4) (u) for the purpose of making the grants under s. 234.665.".

AB557-SA1,4,20 29. Page 26, line 19: after that line insert:

AB557-SA1,4,21 " Section 36r. 25.40 (2) (b) 20d. of the statutes is created to read:

AB557-SA1,4,22 25.40 (2) (b) 20d. Section 20.490 (3) (q).".

AB557-SA1,4,23 30. Page 27, line 1: delete "(2) (L)".

AB557-SA1,5,1 31. Page 27, line 2: after that line insert:

AB557-SA1,5,2 " Section 40t. 76.02 (10) of the statutes is amended to read:

AB557-SA1,5,14 76.02 (10) The property taxable under s. 76.13 shall include all franchises, and all real and personal property of the company used or employed in the operation of its business, except such motor vehicles as are exempt under s. 70.112 (5) and treatment plant and pollution abatement equipment exempt under s. 70.11 (21) (a) and, in the case of railroad companies, rolling stock. The taxable property shall include all title and interest of the company referred to in such property as owner, lessee or otherwise, and in case any portion of the property is jointly used by 2 or more companies, the unit assessment shall include and cover a proportionate share of that portion of the property jointly used so that the assessments of the property of all companies having any rights, title or interest of any kind or nature whatsoever in any such property jointly used shall, in the aggregate, include only one total full value of such property.

AB557-SA1, s. 40u Section 40u. 76.03 (1) of the statutes is amended to read:

AB557-SA1,5,20 76.03 (1) The property, both real and personal, including all rights, franchises and privileges used in and necessary to the prosecution of the business of any company enumerated in s. 76.02, but excluding property that is exempt under s. 76.02 (10), shall be deemed personal property for the purposes of taxation, and shall be valued and assessed together as a unit.

AB557-SA1, s. 40v Section 40v. 76.07 (1) of the statutes is amended to read:

AB557-SA1,6,4 76.07 (1) Duty of department. The department on or before August 1 in each year in the case of railroad companies and sleeping car companies, and on or before September 15 in the case of air carrier companies, telephone companies, conservation and regulation companies and pipeline companies, shall, according to its best knowledge and judgment, ascertain and determine the full market value of the property, except the property of railroad companies that is exempt under s. 76.02 (10), of each company within the state.

AB557-SA1, s. 40w Section 40w. 76.07 (2) of the statutes is amended to read:

AB557-SA1,7,2 76.07 (2) Relation to state valuation; description. The value of the property of each of said companies for assessment shall be made on the same basis and for the same period of time, as near as may be, as the value of the general property of the state is ascertained and determined. The department shall prepare an assessment roll and place thereon after the name of each of said companies assessed, the following general description of the property of such company, to wit: "Real estate, right-of-way, tracks, stations, terminals, appurtenances, rolling stock, equipment, franchises and all other real estate and personal property, except property that is exempt under s. 76.02 (10), of said company," in the case of railroads, and "Real estate, right-of-way, poles, wires, conduits, cables, devices, appliances, instruments, franchises and all other real and personal property of said company," in the case of conservation and regulation companies, and "Real estate, appurtenances, rolling stock, equipment, franchises, and all other real estate and personal property of said company," in the case of sleeping car and air carrier companies, and "Land and land rights, structures, improvements, mains, pumping and regulation equipment, services, appliances, instruments, franchises and all other real and personal property of said company," in the case of pipeline companies, and "All property of the company used in the operation of the company's telephone business" in the case of telephone companies, which description shall be deemed and held to include the entire property and franchises of the company specified and all title and interest therein.

AB557-SA1, s. 40x Section 40x. 76.07 (4g) (a) 16. of the statutes is amended to read:

AB557-SA1,7,6 76.07 (4g) (a) 16. Multiply the fraction under subd. 15. by the full market value of the company's property, except the property that is exempt under s. 76.02 (10), everywhere.".

AB557-SA1,7,10 32. Page 29, line 5: delete the material beginning with "the" and ending with "1," on line 6, and substitute: "any major highway project involving STH 29 from Green Bay to Chippewa Falls in Brown, Shawano, Marathon, Clark and Chippewa counties by December 31,".

AB557-SA1,7,11 33. Page 29, line 21: after that line insert:

AB557-SA1,7,12 " Section 54m. 84.014 of the statutes is created to read:

AB557-SA1,7,16 84.014 State highway construction projects. Major highway projects under s. 84.013 and all other state highway construction or improvement projects funded from the appropriations under s. 20.395 (3) or (9) are exempted from s. 779.14.".

AB557-SA1,7,20 34. Page 30, line 5: delete the material beginning with "From" and ending with "following" on line 6 and substitute: "Except as provided in sub. (3), the department may not encumber less than any of the following from the appropriations under s. 20.395 (3) (cq), (cv) and (cx)".

AB557-SA1,7,21 35. Page 30, line 11: after that line insert:

AB557-SA1,8,7 "(3) The department may encumber less in any fiscal year than the applicable amount specified in sub. (2) if the department first notifies the joint committee on finance in writing of the proposed encumbrance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed encumbrance, the department may make the proposed encumbrance. 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 to review the proposed encumbrance, the department may make the proposed encumbrance only upon approval of the committee.".

AB557-SA1,8,9 36. Page 30, line 12: delete the material beginning with that line and ending with page 31, line 15.

AB557-SA1,8,10 37. Page 31, line 15: after that line insert:

AB557-SA1,8,11 " Section 56t. 84.41 (4) of the statutes is amended to read:

AB557-SA1,8,15 84.41 (4) Contractor's liens; performance and payment bonds. The provisions of s. 779.15 pertaining to contractor's liens and related matters, and s. 779.14 relating to performance and payment bonds, shall apply in the same manner as such law applies to other state highway construction projects.".

AB557-SA1,8,16 38. Page 34, line 8: after that line insert:

AB557-SA1,8,17 " Section 57q. 85.06 (4) of the statutes is created to read:

AB557-SA1,8,22 85.06 (4) Rail passenger service grants. (a) There is established in the transportation fund a reserve account consisting of $250,000 for the purpose of funding rail passenger service grants under s. 234.665. The reserve account under this paragraph shall be reduced by the amount of any supplemental appropriation made under s. 234.665 (3).

AB557-SA1,8,23 (b) This subsection does not apply after December 31, 1999.".

AB557-SA1,9,2 39. Page 35, line 23: delete the material beginning with that line and ending with page 37, line 9.

AB557-SA1,9,3 40. Page 37, line 21: after that line insert:

AB557-SA1,9,4 " Section 75m. 86.19 (2m) of the statutes is created to read:

AB557-SA1,9,7 86.19 (2m) Except for activities licensed by the gaming commission, the department may not erect or maintain any sign informing motorists of any gaming operation.".

AB557-SA1,9,8 41. Page 38, line 4: delete lines 4 to 11.

AB557-SA1,9,9 42. Page 38, line 21: substitute "$215,781,800" for "$213,381,800".

AB557-SA1,9,10 43. Page 38, line 22: substitute "$222,255,300" for "$219,855,300".

AB557-SA1,9,12 44. Page 38, line 25: delete the material beginning with that line and ending with page 39, line 10 and substitute:

AB557-SA1,9,13 " Section 83m. 86.32 (2) (am) 7. of the statutes is amended to read:

AB557-SA1,9,19 86.32 (2) (am) 7. For 1995 and thereafter, $10,468 per lane mile for municipalities having a population over 500,000; $9,696 per lane mile for municipalities having a population of 150,001 to 500,000; $8,641 per lane mile for municipalities having a population of 35,001 to 150,000; $7,612 per lane mile for municipalities having a population of 10,000 to 35,000; and $6,558 per lane mile for municipalities having a population under 10,000.".

AB557-SA1,9,20 45. Page 49, line 8: after that line insert:

AB557-SA1,9,21 " Section 118m. 234.665 of the statutes is created to read:

AB557-SA1,9,22 234.665 Rail passenger service grants. (1) Definitions. In this section:

AB557-SA1,9,23 (a) "Amtrak" means the national railroad passenger corporation.

AB557-SA1,10,2 (b) "Eligible applicant" means a private entity that provides or intends to provide rail passenger service.