Amendment ASA1-AB100

AB100-ASA1,1141,9 (cm) The joint committee on finance may transfer moneys, at the request of the department, in amounts not to exceed the amounts necessary to meet the requirements under P.L. 104-59, section 350, from the transportation fund to the transportation infrastructure loan fund. The department shall submit to the joint committee on finance for its review and approval proposed reductions among the transportation fund appropriations to the department equal to the amount transferred under this paragraph. The joint committee on finance may approve, disapprove or modify the proposed reductions. Upon approval of the proposed reductions, as may be modified by the committee, an amount equivalent to each approved reduction is lapsed from the appropriation account for each reduced appropriation to the transportation fund.

AB100-ASA1,1141,12 (dm) Except as provided in this section, the department may not encumber or expend any funds on highway projects or transit capital projects for which a loan or other assistance is provided under this section.

AB100-ASA1,1141,18 (4) Rules. (a) The department of transportation and the department of administration shall promulgate rules necessary to implement the transportation infrastructure loan program. The rules shall specify the terms and conditions of loans or other assistance provided under the program and shall establish criteria for determining which eligible applicants and which projects are eligible to receive loans or other assistance under the program. The criteria shall include all of the following:

AB100-ASA1,1141,20 1. The impact of funding a project under the program on accelerating the completion of a major highway project under s. 84.013.

AB100-ASA1,1141,21 2. The statewide and local economic impact of the projects.

AB100-ASA1,1141,22 3. The level of commitment by the eligible applicant to the project.

AB100-ASA1,1141,24 4. The type and quality of intermodal transportation facilities affected by the project.

AB100-ASA1,1142,3 (b) The department of transportation and the department of administration may charge and collect fees, established jointly by rules, from eligible applicants to recover the costs of administering the program.

AB100-ASA1,1142,4 (4m) Investment management. The department of administration may:

AB100-ASA1,1142,7 1. Subject to par. (b), direct the investment board under s. 25.17 (2) (e) to make any investment of the fund, or in the collection of the principal and interest of all moneys loaned or invested from such fund.

AB100-ASA1,1142,14 2. Subject to par. (b), purchase or acquire, commit on a standby basis to purchase or acquire, sell, discount, assign, negotiate, or otherwise dispose of, or pledge, hypothecate or otherwise create a security interest in, loans as the department of administration may determine, or portions or portfolios of participations in loans, made or purchased under this section. The disposition may be at the price and under the terms that the department of administration determines to be reasonable and may be at public or private sale.

AB100-ASA1,1142,16 (b) The department of administration shall take an action under par. (a) only if all of the following conditions occur:

AB100-ASA1,1142,18 1. The action provides a financial benefit to the transportation infrastructure fund.

AB100-ASA1,1142,20 2. The action does not contradict or weaken the purposes of the transportation infrastructure loan fund.

AB100-ASA1,1142,22 3. The building commission approves the action before the department of administration acts.

AB100-ASA1,1142,24 (5) Revenue obligations. (a) The transportation infrastructure loan program is a revenue-producing enterprise or program as defined in s. 18.52 (6).

AB100-ASA1,1143,5 (b) Deposits, appropriations or transfers to the fund for the purposes specified in s. 20.395 (2) (pq) may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18. Revenue obligations issued under this section shall not exceed $100 in principal amount, excluding obligations issued to refund outstanding revenue obligations.

AB100-ASA1,1143,12 (c) The department of administration may, under s. 18.56 (5) and (9) (j), deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.405 (2). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.

AB100-ASA1,1143,15 (d) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (c) or the transportation infrastructure loan fund to secure revenue obligations issued under this subsection.

AB100-ASA1,1143,18 (e) The department of administration has all other powers necessary and convenient to distribute the pledged revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18.

AB100-ASA1,1143,22 (f) The department of administration may enter into agreements with the federal government, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.

AB100-ASA1,1144,2 (g) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received by the fund.

AB100-ASA1,1144,7 (h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with subch. II of ch. 18.

AB100-ASA1, s. 2485m Section 2485m. 85.54 of the statutes is created to read:

AB100-ASA1,1145,2 85.54 Major highway development finance plan. Biennially, beginning on October 1, 1998, the secretary of transportation and the secretary of administration jointly shall submit a biennial major highway development finance plan to the state building commission and the joint committee on finance and to the chief clerk of each house of the legislature for distribution to the appropriate legislative standing committees under s. 13.172 (3). The plan shall contain estimates over the next 5 biennia of transportation fund revenues, funding for the major highway development program summarized by funding source, proceeds from the sale of transportation revenue obligation bonds, vehicle registration fees pledged against the repayment of revenue obligation bonds, debt service payments paid from transportation fund revenues for transportation revenue obligation bonds and general obligation bonds, total transportation fund revenues, and the assumptions used to arrive at those estimates. The plan shall include information on the impact of the level of bonding authorization included in the plan relative to a guideline that total transportation debt service expenditures should not exceed 10% of total transportation fund revenues, and to a guideline that transportation revenue obligation bond proceeds should be used to fund not more than 55% of the major highway development program.

AB100-ASA1, s. 1932 Section 1932. 85.60 of the statutes is created to read:

AB100-ASA1,1145,11 85.60 Aid to professional baseball park districts. The department may make aid payments from the appropriation under s. 20.395 (1) (gr) to a local professional baseball park district created under subch. III of ch. 229 for this state's share of costs for the development, construction, reconstruction or improvement of bridges, highways, parking lots, garages, transportation facilities or other functionally related or auxiliary facilities or structures associated with the construction of a new stadium to be used as a home field by a major league professional baseball team in the district.

AB100-ASA1, s. 2486ag Section 2486ag. 85.60 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 2486am Section 2486am. 86.19 (7) of the statutes is created to read:

AB100-ASA1,1146,2 86.19 (7) The department shall accept from interested persons a petition for the replacement of any sign that is lawfully erected within the right-of-way of a state trunk highway and that, because of damage or deterioration, is in need of replacement. The department by rule shall establish the contents required of a petition submitted under this subsection, the criteria the department will use to consider such a petition and specifications for the construction and erection of signs replaced under this subsection. Whenever the department approves a petition under this subsection, the petitioners may choose to have the sign replaced by the department or by any person authorized by the department to construct or erect such signs, and shall pay the department or the private company for the sign and its erection. The department shall erect a replacement for the sign that is the subject of a petition approved under this subsection upon receipt of payment for the sign and its erection.

AB100-ASA1, s. 2486b Section 2486b. 86.30 (2) (a) 3. d. and e. of the statutes are repealed.

AB100-ASA1, s. 2486bg Section 2486bg. 86.30 (2) (a) 3. f. of the statutes is amended to read:

AB100-ASA1,1146,5 86.30 (2) (a) 3. f. In calendar year 1997 and thereafter, $1,432.

AB100-ASA1, s. 2486bj Section 2486bj. 86.30 (2) (a) 3. g. of the statutes is created to read:

AB100-ASA1,1146,7 86.30 (2) (a) 3. g. In calendar year 1998 and thereafter, $1,604.

AB100-ASA1, s. 2486g Section 2486g. 86.30 (2) (e) of the statutes is amended to read:

AB100-ASA1,1146,15 86.30 (2) (e) Aid payments. General transportation aids under this section shall be calculated and distributed on the basis of a calendar year. General transportation aids shall be paid in 4 12 equal instalments on the first Monday in January, April, July and October of each month. If adjustments are necessary, the department may adjust any of the scheduled aid payments in a calendar year. The payments shall be made from the appropriation under s. 20.395 (1) (as) or (at) for the fiscal year in which the payments are made.

AB100-ASA1, s. 2486gm Section 2486gm. 86.30 (9) of the statutes is amended to read:

AB100-ASA1,1146,22 86.30 (9) Aids calculations. (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $66,588,900 in calendar year 1995, $68,586,600 in calendar year 1996 and $70,644,200 in calendar year 1997 and $79,121,500 in calendar year 1998 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.

AB100-ASA1,1147,3 (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $209,496,900 in calendar year 1995, $215,781,800 in calendar year 1996 and $222,255,300 in calendar year 1997 and $248,925,900 in calendar year 1998 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.

AB100-ASA1, s. 2486i Section 2486i. 86.312 of the statutes is created to read:

AB100-ASA1,1147,5 86.312 Snow removal assistance program. (1) In this section:

AB100-ASA1,1147,8 (a) "Eligible costs" include excessive costs associated with a snow removal emergency for machinery and equipment, labor, materials and hauling, as determined by the department.

AB100-ASA1,1147,11 (b) "Snow removal emergency" means an emergency requiring the removal of snow from a public highway, street, alley or bridge not on the state trunk highway system resulting from an extraordinary or unusually heavy snow storm.

AB100-ASA1,1147,19 (2) (a) The department shall administer a snow removal assistance program to reimburse counties and municipalities for eligible costs associated with a snow removal emergency. The county highway committee, or the governing body of the municipality having jurisdiction over the maintenance of any public highway, street, alley or bridge not on the state trunk highway system may adopt a petition for aid under this section and file a certified copy of the petition with the department. To be eligible for aid under this section, the petition shall be filed by May 15 for eligible costs incurred during the previous winter season.

AB100-ASA1,1147,24 (b) A county or municipality having jurisdiction over the public highway, street, alley or bridge affected by the snow removal emergency may apply for both state and federal aid for such snow removal pending a determination of eligibility. If federal aid is granted for such snow removal, the federal aid shall be in lieu of aid otherwise available for the snow removal under this section.

AB100-ASA1,1148,4 (3) The department shall make payments of aid under this section from the appropriation under s. 20.395 (1) (fr). If the eligible costs for aid under this section exceed the funds available under s. 20.395 (1) (fr) on June 30 of any fiscal year, the department shall prorate the payments of aid under this section.

AB100-ASA1, s. 2486j Section 2486j. 86.315 (1) of the statutes is amended to read:

AB100-ASA1,1148,15 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $300 $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the $300 per mile payments required under this subsection, the department shall prorate the amount appropriated in the manner it deems considers desirable.

AB100-ASA1, s. 2486k Section 2486k. 86.32 (2) (am) 5. and 6. of the statutes are repealed.

AB100-ASA1, s. 2486L Section 2486L. 86.32 (2) (am) 7. of the statutes is amended to read:

AB100-ASA1,1148,23 86.32 (2) (am) 7. For 1995 and thereafter ,1996 and 1997, $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.

AB100-ASA1, s. 2486Lm Section 2486Lm. 86.32 (2) (am) 8. of the statutes is created to read:

AB100-ASA1,1149,6 86.32 (2) (am) 8. For 1998 and thereafter, $11,724 per lane mile for municipalities having a population over 500,000; $10,860 per lane mile for municipalities having a population of 150,001 to 500,000; $9,678 per lane mile for municipalities having a population of 35,001 to 150,000; $8,525 per lane mile for municipalities having a population of 10,000 to 35,000; and $7,345 per lane mile for municipalities having a population under 10,000.

AB100-ASA1, s. 2486m Section 2486m. 86.32 (2) (b) 4. of the statutes is amended to read:

AB100-ASA1,1149,16 86.32 (2) (b) 4. Annual connecting highway aids shall be paid in 4 12 equal instalments on the first Monday in July, October, January and April. Unless fiscal year adjustments are necessary, the July and October instalments shall equal the January and April instalments of the previous fiscal year. If fiscal year of each month. If adjustments are necessary, the department shall make these fiscal year adjustments in the July instalment. If a fiscal year adjustment is made in the July instalment, the next subsequent October instalment shall equal the average of the most recent January, April and July instalments may adjust any of the scheduled aid payments in a calendar year.

AB100-ASA1, s. 1933 Section 1933. 88.145 of the statutes is amended to read:

AB100-ASA1,1149,25 88.145 Limitation of damages and suits. In any action against a drainage district, drainage board, drainage board member, drainage board employe or an owner of land within the district who undertakes work approved by the drainage board, s. 893.80 is applicable and the limit on the amount recoverable by any person under s. 893.80 (3) applies to the drainage board, the members and employes of the drainage board, the drainage district and any owner of land within the district who undertakes work approved by the drainage board. This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100-ASA1, s. 1934 Section 1934. 88.40 (2) of the statutes is amended to read:

AB100-ASA1,1150,6 88.40 (2) From the time of recordation of recording the order confirming such assessments for costs until they are paid, such assessments and the interest thereon are a first lien upon the lands assessed and take priority over all other liens or mortgages except liens for general taxes and liens under ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81, regardless of the priority in time of such other liens or mortgages.

AB100-ASA1, s. 2488g Section 2488g. 92.04 (2) (b) of the statutes is amended to read:

AB100-ASA1,1150,11 92.04 (2) (b) (title) Review erosion control land and water resource management plans. The board shall review soil erosion control land and water resource management plans prepared under s. 92.10 and make recommendations to the department on approval or disapproval of those plans.

AB100-ASA1, s. 2488i Section 2488i. 92.07 (2) of the statutes is amended to read:

AB100-ASA1,1150,23 92.07 (2) Standards. Each land conservation committee may develop and adopt standards and specifications for management practices to control erosion, sedimentation and nonpoint source water pollution. The standards and specifications for agricultural facilities and practices that are constructed or begun on or after the effective date of this subsection .... [revisor inserts date], and, if cost-sharing is available to the owner or operator under s. 92.14, 281.16 (5) or 281.65 or from any other source, for agricultural facilities and practices that are constructed or begun before that date shall be consistent with the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3). The land conservation committee shall use the rules promulgated under s. 281.16 (3) (e) to determine whether cost-sharing is available.

AB100-ASA1, s. 2488s Section 2488s. 92.10 (title), (1) and (2) of the statutes are amended to read:

AB100-ASA1,1151,5 92.10 (title) Erosion control Land and water resource management planning program. (1) Creation. There is created an erosion control a land and water resource management planning program. The department, board and land conservation committees in identified priority counties jointly shall develop and administer this program.

AB100-ASA1,1151,9 (2) Purposes. The purposes of the erosion control land and water resource management planning program are to conserve long-term soil productivity, protect the quality of related natural resources, enhance water quality and focus on severe soil erosion problems in identified priority counties.

AB100-ASA1, s. 2488t Section 2488t. 92.10 (3) (a) of the statutes is amended to read:

AB100-ASA1,1151,13 92.10 (3) (a) Identification. The department shall identify priority soil erosion control counties. Identified priority counties are required to prepare soil erosion control plans.

AB100-ASA1, s. 2488u Section 2488u. 92.10 (3) (c) of the statutes is repealed.

AB100-ASA1, s. 2489ad Section 2489ad. 92.10 (4) (a) of the statutes is amended to read:

AB100-ASA1,1151,19 92.10 (4) (a) Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion. The department shall cooperate with the land information board under s. 16.967 in developing this methodology or any related activities related to land information collection.

AB100-ASA1, s. 2489c Section 2489c. 92.10 (4) (c) of the statutes is amended to read:

AB100-ASA1,1152,2 92.10 (4) (c) Plan assistance. The department shall assist land conservation committees in identified priority counties in preparing soil erosion control land and water resource management plans. The department may allocate funds appropriated under s. 20.115 (7) (c) to land conservation committees in identified priority counties to cover up to 50% of the cost of preparing soil erosion control land and water resource management plans.

AB100-ASA1, s. 2489d Section 2489d. 92.10 (4) (d) of the statutes is amended to read:

AB100-ASA1,1152,8 92.10 (4) (d) Plan review. The department shall review and approve or disapprove soil erosion control land and water resource management plans submitted by the land conservation committees in identified priority counties. The department may require land conservation committees to indicate specific projects to be funded under each plan and the related cost-sharing rates.

AB100-ASA1, s. 2489e Section 2489e. 92.10 (5) (a) of the statutes is amended to read:

AB100-ASA1,1152,12 92.10 (5) (a) Plan review. The board shall review soil erosion control land and water resource management plans submitted by the land conservation committees and make recommendations to the department.

AB100-ASA1, s. 2489f Section 2489f. 92.10 (6) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,1152,16 92.10 (6) (a) Plan preparation. (intro.) A land conservation committee in an identified priority county shall prepare a soil erosion control land and water resource management plan which does all of the following:

AB100-ASA1, s. 2489g Section 2489g. 92.10 (6) (a) 6. and 7. of the statutes are created to read:

AB100-ASA1,1152,19 92.10 (6) (a) 6. Identifies causes, other than soil erosion, of nonpoint source water pollution.

AB100-ASA1,1152,21 7. Describes all proposed county activities related to nonpoint source water pollution.

AB100-ASA1, s. 2489h Section 2489h. 92.10 (6) (b) of the statutes is amended to read:

AB100-ASA1,1153,3 92.10 (6) (b) Notification. A land conservation committee in an identified priority county shall notify landowners and land users of the results of any determinations of concerning soil erosion rates and nonpoint source water pollution, and provide an opportunity for landowners and land users to present information relating to the accuracy of the determinations during preparation of the soil erosion control land and water resource management plan.

AB100-ASA1, s. 2489j Section 2489j. 92.10 (6) (c) of the statutes is amended to read:

AB100-ASA1,1153,7 92.10 (6) (c) Hearings. A land conservation committee in an identified priority county shall hold one or more public hearings on the soil erosion control land and water resource management plan.

AB100-ASA1, s. 2489k Section 2489k. 92.10 (6) (d) of the statutes is amended to read:

AB100-ASA1,1153,11 92.10 (6) (d) Plan submission. A land conservation committee in an identified priority county shall submit the soil erosion control land and water resource management plan to the board and department.