Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,271,15 81.01 (3) (b) The town board by resolution submits to the electors of the town as a referendum at a general or special town an election authorized under s. 8.065 the question of exceeding the $10,000 limit set under this subsection. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:

AB133-ASA1-AA2,271,17 Shall the town of ... spend $... over the annual limit of $10,000 for the construction and repair of its highways and bridges?

AB133-ASA1-AA2,271,18 FOR SPENDING ⍽ AGAINST SPENDING ⍽".

AB133-ASA1-AA2,271,19 648. Page 958, line 14: after that line insert:

AB133-ASA1-AA2,271,20 " Section 1818Lb. 79.10 (11) (b) of the statutes is amended to read:

AB133-ASA1-AA2,272,8 79.10 (11) (b) Before October 16, the department of administration shall determine the total funds available for distribution under the lottery credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all existing and projected lottery proceeds and interest for the fiscal year of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r), 20.566 (2) (r) and 20.835 (2) (q) and less the required reserve under s. 20.003 (5). The joint committee on finance may revise the total amount to be distributed if it does so at a meeting that takes place before November 1. If the joint committee on finance does not schedule a meeting to take place before November 1, the total determined by the department of administration shall be the total amount estimated to be distributed under the lottery credit in the following year.

AB133-ASA1-AA2, s. 1818Lb Section 1818Lb. 79.10 (11) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1-AA2,272,22 79.10 (11) (b) Before October 16, the department of administration shall determine the total funds available for distribution under the lottery credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all existing and projected lottery proceeds and interest for the fiscal year of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r), 20.566 (2) (r) and 20.835 (2) (q) and less the required reserve under s. 20.003 (5). The joint committee on finance may revise the total amount to be distributed if it does so at a meeting that takes place before November 1. If the joint committee on finance does not schedule a meeting to take place before November 1, the total determined by the department of administration shall be the total amount estimated to be distributed under the lottery credit in the following year.".

AB133-ASA1-AA2,272,23 649. Page 958, line 14: after that line insert:

AB133-ASA1-AA2,272,24 " Section 1818Ld. 79.13 of the statutes is created to read:

AB133-ASA1-AA2,273,3 79.13 Farmland tax relief credit. (1) In the 1999-2000 fiscal year, the amount estimated to be expended from the appropriation under s. 20.835 (2) (q) is $20,000,000.

AB133-ASA1-AA2,273,8 (2) In the 2000-01 fiscal year, the amount estimated to be expended from the appropriation under s. 20.835 (2) (q) is $20,000,000, plus the amount that was estimated to be expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year and less the actual amount that was expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year.

AB133-ASA1-AA2,273,14 (3) In the 2001-02 fiscal year, and in each fiscal year thereafter, the amount estimated to be expended from the appropriation under s. 20.835 (2) (q) is $15,000,000, plus the amount that was estimated to be expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year and less the actual amount that was expended from the appropriation under s. 20.835 (2) (q) in the previous fiscal year.".

AB133-ASA1-AA2,273,15 650. Page 958, line 14: after that line insert:

AB133-ASA1-AA2,273,16 " Section 1818Le. 78.55 (1) of the statutes is amended to read:

AB133-ASA1-AA2,273,18 78.55 (1) "Air carrier company" has the meaning given in s. 76.02 (1) 70.11 (40).".

AB133-ASA1-AA2,273,19 651. Page 958, line 19: after that line insert:

AB133-ASA1-AA2,273,20 " Section 1818w. 84.013 (3) (ra) of the statutes is created to read:

AB133-ASA1-AA2,273,22 84.013 (3) (ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.".

AB133-ASA1-AA2,273,23 652. Page 958, line 19: after that line insert:

AB133-ASA1-AA2,273,24 " Section 1818p. 84.01 (31) of the statutes is created to read:

AB133-ASA1-AA2,274,7 84.01 (31) State highway rehabilitation funds. The department may not use funds from the appropriations under s. 20.395 (3) (cq) to (cx) for the maintenance or replacement of curb and pavement or other markings, or for the operation, maintenance or replacement of highway signs, traffic signals or highway lighting, unless the maintenance, replacement or operation is in conjunction with activities related to a state trunk highway reconditioning, reconstruction or resurfacing project.".

AB133-ASA1-AA2,274,8 653. Page 958, line 19: after that line insert:

AB133-ASA1-AA2,274,9 " Section 1818r. 84.013 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,274,12 84.013 (2) (a) Major Subject to s. 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (4) (jq) and 20.866 (2) (ur) to (uu).

AB133-ASA1-AA2, s. 1818t Section 1818t. 84.013 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,274,16 84.013 (2) (b) Reconditioning Subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under s. 20.395 (3) (cq) to (cx).".

AB133-ASA1-AA2,274,17 654. Page 959, line 17: after that line insert:

AB133-ASA1-AA2,274,19 " Section 1819gd. 84.06 (2) (a) of the statutes is renumbered 84.06 (2) and amended to read:

AB133-ASA1-AA2,275,15 84.06 (2) Bids, contracts. All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the The secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and 16.754 apply to the contract. Contracts under this section are subject to s. 85.017. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB133-ASA1-AA2, s. 1819ge Section 1819ge. 84.06 (2) (b) of the statutes is repealed.".

AB133-ASA1-AA2,275,17 655. Page 959, line 17: after that line insert:

AB133-ASA1-AA2,275,18 " Section 1819g. 84.02 (14) of the statutes is created to read:

AB133-ASA1-AA2,276,2 84.02 (14) I 39 interchange. If a waiver from the federal department of transportation is required for the construction of an interchange at the intersection of I 39 and Kowalski Road in Marathon County, the state department of transportation shall request a waiver to permit construction of the interchange. If a waiver is granted or if the state department of transportation determines that a waiver is not required, the department of transportation shall design the interchange specified in this subsection and allocate funds from the appropriations under s. 20.395 (3) (cq) to (cx) sufficient to construct the interchange.".

AB133-ASA1-AA2,276,3 656. Page 959, line 17: after that line insert:

AB133-ASA1-AA2,276,4 " Section 1819gg. 84.03 (9) (a) of the statutes is amended to read:

AB133-ASA1-AA2,276,24 84.03 (9) (a) That Subject to s. 86.255, that part of the appropriation made by s. 20.395 (3), not required for the other purposes therein provided, may be used by the department for the improvement and traffic service of the state trunk highway system and connecting highways, for the purchase and operation of equipment, making surveys for locating local road materials, testing of materials, and for other purposes provided in this section, and to match or supplement federal aid for the construction, reconstruction or improvement of the federal aid highway system, secondary or feeder roads, the elimination of hazards at railroad grade crossings and for any other highway purpose for which the state may match or supplement federal aid funds pursuant to any act of congress. Where such funds are used for the improvement of the state trunk highway system or connecting highways or to match or supplement federal aid they shall be expended in accordance with s. 84.06 and any applicable act of congress. Any funds expended pursuant to this paragraph shall be expended by the department on such projects within the provisions of this paragraph, and executed in such manner as the department shall from time to time determine will best meet the needs of travel and best promote the general welfare. Such funds may be used for improvements, within the provisions of this paragraph, independent of or in conjunction with other funds available for such improvements. The Subject to s. 86.255, the requirements of any federal highway act, or regulations issued thereunder, may be met from such appropriation.

AB133-ASA1-AA2, s. 1819gm Section 1819gm. 84.065 (4) of the statutes is amended to read:

AB133-ASA1-AA2,277,4 84.065 (4) Funds. The Subject to s. 86.255, the department may make loans under this section from the appropriations under s. 20.395 (3) (bv) and (cv). The total outstanding balance of loans under this section may not exceed $500,000.".

AB133-ASA1-AA2,277,5 657. Page 961, line 19: after that line insert:

AB133-ASA1-AA2,277,6 " Section 1820mg. 84.20 of the statutes is amended to read:

AB133-ASA1-AA2,277,16 84.20 State repair and maintenance of highways and streets. Damage to any county trunk or town highway or city or village street caused by reason of its use as a detour designated by the department or for hauling materials incident to the maintenance, repair or construction by the department of any state trunk highway or street over which a state trunk highway is routed, shall be repaired by the department. Such highway or street shall also be maintained by the department during such use. The Subject to s. 86.255, the cost of such repairs and maintenance shall be paid from funds appropriated and available to the department for the maintenance and improvement of state trunk highways and connecting highways under s. 20.395 (3).".

AB133-ASA1-AA2,277,17 658. Page 963, line 13: after that line insert:

AB133-ASA1-AA2,277,18 " Section 1824fm. 84.31 (8) (b) of the statutes is amended to read:

AB133-ASA1-AA2,278,5 84.31 (8) (b) The department and another state agency may enter into agreements for the purpose of assigning to the other state agency the responsibility for the administration of this section and rules adopted under this section. To the extent responsibility for administration is assigned to the other agency under such agreements, the other state agency shall have the same powers and duties conferred on the department under this section. The department shall reimburse the other state agency from the appropriation under s. 20.395 (3) (cq) and (cx) for all expenses, including administrative expenses, incurred by the other state agency in connection with the screening, relocation, removal or disposal of junkyards under the authority assigned to the other state agency, except that no moneys may be reimbursed for the acquisition of land or interests in land contrary to s. 86.255.".

AB133-ASA1-AA2,278,7 659. Page 964, line 5: delete "$1,440,665,900" and substitute "$1,437,365,900".

AB133-ASA1-AA2,278,8 660. Page 964, line 10: after that line insert:

AB133-ASA1-AA2,278,9 " Section 1826m. 85.017 of the statutes is created to read:

AB133-ASA1-AA2,278,12 85.017 Contracts conditioned on use of labor organizations prohibited. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2,278,15 (2) The secretary shall ensure that the specifications for bids, contracts for construction or maintenance projects entered into by the secretary or the department do not do any of the following:

AB133-ASA1-AA2,278,18 (a) Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,278,21 (b) Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,278,24 (c) Require any bidder, contractor or subcontractor to enter into, continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB133-ASA1-AA2,279,1 1. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,279,4 2. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB133-ASA1-AA2,279,9 (3) Any taxpayer of this state or any other person who enters into contracts or subcontracts for construction services subject to sub. (2) may bring an action against the secretary to require compliance with this section. If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.".

AB133-ASA1-AA2,279,11 661. Page 964, line 11: delete the material beginning with that line and ending with page 965, line 3.

AB133-ASA1-AA2,279,12 662. Page 965, line 19: after that line insert:

AB133-ASA1-AA2,279,13 " Section 1830gb. 85.026 (3) of the statutes is created to read:

AB133-ASA1-AA2,279,23 85.026 (3) Procedure. The department may not approve a grant under sub. (2) until after enactment of the biennial budget act for the biennium during which the grant will be awarded. The total amount of grants awarded under sub. (2) may not exceed the amounts appropriated under s. 20.395 (2) (nv) and (nx) for the purposes of transportation enhancement activities for the biennium during which the grants are awarded. If the department determines that a grant was awarded under sub. (2) for a project on which construction will not be completed within a reasonable time after the grant is awarded, the department may withdraw that grant and the amount of the grant so withdrawn may not be counted under this subsection.".

AB133-ASA1-AA2,279,24 663. Page 965, line 19: after that line insert:

AB133-ASA1-AA2,280,1 " Section 1830gm. 85.037 of the statutes is amended to read:

AB133-ASA1-AA2,280,6 85.037 Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under s. ss. 101.9208 (1) (dm) and 342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under s. 20.855 (4) (f) during the current fiscal year.".

AB133-ASA1-AA2,280,7 664. Page 967, line 7: after that line insert:

AB133-ASA1-AA2,280,8 " Section 1832m. 85.197 of the statutes is created to read:

AB133-ASA1-AA2,280,9 85.197 Baraboo land acquisition. (1) Definitions. In this section:

AB133-ASA1-AA2,280,11 (a) "Ice Age Trail" means the state scenic trail as designated under s. 23.17 (2) and includes corridors for the trail that have been approved by the department.

AB133-ASA1-AA2,280,13 (b) "Land" means land in fee simple, easements in land and development rights in land.

AB133-ASA1-AA2,280,15 (c) "Northwestern Dane county" means the area that is located in the towns of Berry, Black Earth, Dane, Mazomanie, Roxbury, Springfield and Westport.

AB133-ASA1-AA2,280,17 (2) Land acquisitions authorized. From the appropriations under s. 20.395 (3) (bq), (br) and (bx), the department may expend moneys as provided in subs. (3) to (6).

AB133-ASA1-AA2,280,22 (3) Forest land acquisitions. The department may annually encumber or expend not more than $1,000,000, beginning with fiscal year 1999-2000 and ending with fiscal year 2003-04, to acquire land that will protect the forest resources that are located within the boundaries of the Baraboo Range National Natural Landmark.

AB133-ASA1-AA2,281,3 (4) Scenic, conservation and agricultural acquisition; Dane County. (a) The department may annually encumber or expend not more than $1,000,000, beginning with fiscal year 1999-2000 and ending with fiscal year 2003-04, to purchase land that is located in northwestern Dane County for scenic, conservation or agricultural purposes.

AB133-ASA1-AA2,281,9 (5) Scenic, conservation and agricultural acquisition; Sauk County. The department may encumber or expend not more than $250,000 during the period beginning with fiscal year 1999-2000 and ending with fiscal year 2003-04, to purchase land that is located in Sauk County and that is located outside the boundaries of the Baraboo Range National Natural Landmark for scenic, conservation or agricultural purposes.

AB133-ASA1-AA2,281,16 (6) Ice Age Trail. (a) During the period beginning with fiscal year 1999-2000 and ending with fiscal year 2003-04, the department may encumber or expend moneys for the development or improvement of the portion of the Ice Age Trail that is located in Sauk County or Dane County and that is in the vicinity of USH 12. The amount expended may not exceed $2,000,000 or an amount equal to the amount allocated by the federal government for that portion of the Ice Age Trail during that period of time, whichever is less.

AB133-ASA1-AA2,281,18 (b) For purposes of par. (a), the department of transportation shall by rule specify what constitutes the vicinity of USH 12.

AB133-ASA1-AA2,281,23 (7) Certification of expenditures. No later than August 1, 2000, and no later than August 1 of each of the subsequent 4 years, the secretary of transportation shall certify to the secretary of natural resources and to the secretary of administration the amount encumbered or expended under s. 85.197 during the preceding fiscal year.

AB133-ASA1-AA2,281,25 (8) Sunset. (a) Except as provided in par. (b), this section does not apply after June 30, 2004.

AB133-ASA1-AA2,282,1 (b) Subsection (7) does not apply after August 1, 2004.".

AB133-ASA1-AA2,282,2 665. Page 967, line 12: delete "(a) 7." and substitute "(a) 6. d., 7.".

AB133-ASA1-AA2,282,7 666. Page 967, line 12: after that line insert ""Operating expenses" do not include costs accruing to an urban mass transit system from services provided by a publicly owned urban mass transit system under a contract awarded on the basis of competitive bids unless the urban mass transit system's bid used the fully allocated cost methodology described in sub. (8).".

AB133-ASA1-AA2,282,8 667. Page 967, line 24: after that line insert:

AB133-ASA1-AA2,282,9 " Section 1834m. 85.20 (1) (h) of the statutes is amended to read:

AB133-ASA1-AA2,282,14 85.20 (1) (h) "Operating revenues" mean income accruing to an urban mass transit system by virtue of its operations, but do not include income accruing from operations under a contract awarded on the basis of competitive bids to a publicly owned urban mass transit system that did not use the fully allocated cost methodology described in sub. (8).".

AB133-ASA1-AA2,282,15 668. Page 967, line 24: after that line insert:

AB133-ASA1-AA2,282,16 " Section 1835b. 85.20 (3) (cr) of the statutes is amended to read:

AB133-ASA1-AA2,282,22 85.20 (3) (cr) To conduct a management performance audit of all urban mass transit systems participating in the program at least once every 5 years. If a management performance audit is required of all urban mass transit systems participating in the program, an eligible applicant served exclusively by a shared-ride taxicab system may be exempted from an audit if the eligible applicant voluntarily complies with sub. (4m) (b).".

AB133-ASA1-AA2,282,24 669. Page 967, line 25: delete the material beginning with that line and ending with page 968, line 15, and substitute:

AB133-ASA1-AA2,283,2 " Section 1836mr. 85.20 (4m) (a) (intro.) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,283,15 85.20 (4m) (a) (intro.) The department shall pay annually to the eligible applicant described in subd. 6. cm. the amount of aid specified in subd. 6. cm. The department shall pay annually to the eligible applicant described in subd. 6. d. the amount of aid determined under subd. 6. d. The department shall allocate to each eligible applicant described in subd. 7. or 8. an amount equal to a uniform percentage, established by the department, of the operating expenses of each eligible applicant's mass transit system for the calendar year. For calendar year 1999, the operating expenses used to establish the uniform percentage shall be the projected operating expenses of an urban mass transit system. Subject to sub. (4r), for calendar year 2000 and thereafter the operating expenses used to establish the uniform percentage shall be the operating expenses incurred during the 2nd calendar year preceding the calendar year for which aid is paid under this section. The department shall make allocations as follows:".