Amendment AA2-ASA1-AB133

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:".

AB133-ASA1-AA2,283,16 670. Page 969, line 6: delete "$53,555,600" and substitute "$51,313,800".

AB133-ASA1-AA2,283,18 671. Page 969, line 14: delete "Beginning" and substitute "Subject to the limitation in this subd. 6. d. on the sum of state and federal aids, beginning".

AB133-ASA1-AA2,283,19 672. Page 969, line 15: delete "$14,297,600" and substitute "$13,699,100".

AB133-ASA1-AA2,284,3 673. Page 969, line 18: after "$80,000,000." insert "Notwithstanding par. (a) (intro.), the sum of state aids paid under this section and federal mass transit aids provided for the operating expenses of an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000 may not exceed 50% of the sum of the operating expenses of the urban mass transit system. Only federal mass transit aid that the federal government provides directly to the eligible applicant or to the urbanized area served by the mass transit system or that the department pays under this section may be counted under this subd. 6. d.".

AB133-ASA1-AA2,284,4 674. Page 969, line 25: delete "$19,804,200" and substitute "$18,975,200".

AB133-ASA1-AA2,284,15 675. Page 970, line 2: after "year." insert "For calendar years 2000 and 2001, the sum of state aid and federal aid allocated under this subdivision for each of those years may not exceed 60% of the eligible applicant's operating expenses, except that for an eligible applicant described in subd. 7. a. served by a mass transit system that operates partly in areas other than urbanized areas, and that is eligible for federal mass transit aid for providing service to those other areas, the sum of state aid and federal aid allocated under this subdivision for those other areas for each of calendar years 2000 and 2001 may not exceed 65% of the operating expenses of that service. Beginning with calendar year 2002, the sum of state aid and federal aid allocated under this subdivision to an eligible applicant may not exceed 65% of the eligible applicant's operating expenses.".

AB133-ASA1-AA2,284,16 676. Page 970, line 6: delete "$5,349,100" and substitute "$5,125,200".

AB133-ASA1-AA2,284,19 677. Page 970, line 8: after "year." insert Beginning with calendar year 2000, the sum of state aid and federal aid allocated under this subdivision to an eligible applicant may not exceed 65% of the eligible applicant's operating expenses.".

AB133-ASA1-AA2,284,20 678. Page 970, line 8: after that line insert:

AB133-ASA1-AA2,284,21 " Section 1845b. 85.20 (4m) (b) 1. of the statutes is amended to read:

AB133-ASA1-AA2,285,2 85.20 (4m) (b) 1. Except as provided in subd. 2., each eligible applicant shall provide a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 20% of state aid allocations to that eligible applicant under this section 10% of the eligible applicant's operating expenses.

AB133-ASA1-AA2, s. 1846b Section 1846b. 85.20 (4m) (b) 2. of the statutes is amended to read:

AB133-ASA1-AA2,285,19 85.20 (4m) (b) 2. Subdivision 1. does not apply to an Except as provided in this subdivision, an eligible applicant that is served exclusively by a shared-ride taxicab system is not required to meet the requirements of subd. 1. For calendar year 2000, the department may not increase the amount of state aid allocated under this subsection to an eligible applicant that is served exclusively by a shared-ride taxicab system beyond the amount allocated to that eligible applicant for calendar year 1999, unless the eligible applicant provides a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 5% of the eligible applicant's operating expenses. Beginning with calendar year 2001, the department may not increase the amount of state aid allocated under this subsection to an eligible applicant that is served exclusively by a shared-ride taxicab system beyond the amount allocated to that eligible applicant during the preceding calendar year, unless the eligible applicant complies with the requirements of subd. 1. This subdivision does not prohibit the department from allocating aid under this subsection to an eligible applicant served exclusively by a shared-ride taxicab system in its first year of service.

AB133-ASA1-AA2, s. 1847b Section 1847b. 85.20 (4m) (em) 3. of the statutes is amended to read:

AB133-ASA1-AA2,285,23 85.20 (4m) (em) 3. Five times the amount of an eligible applicant's required local contribution under par. (b) 1. This subdivision does not apply after December 31, 1999.".

AB133-ASA1-AA2,285,24 679. Page 970, line 8: after that line insert:

AB133-ASA1-AA2,286,1 " Section 3845m. 85.20 (4m) (g) of the statutes is created to read:

AB133-ASA1-AA2,286,5 85.20 (4m) (g) An eligible applicant may not use aids paid under this section to support transportation services by rail unless the services are eligible for aid under s. 85.205. This paragraph does not apply to Amtrak, as defined in s. 85.06 (1) (a).".

AB133-ASA1-AA2,286,7 680. Page 971, line 9: delete the material beginning with "This" and ending with "or 8." on line 10.

AB133-ASA1-AA2,286,8 681. Page 971, line 10: after that line insert:

AB133-ASA1-AA2,286,9 " Section 1849d. 85.20 (6m) of the statutes is created to read:

AB133-ASA1-AA2,286,12 85.20 (6m) Local segregated fund required. (a) Notwithstanding sub. (4m), the department may not pay state aid under this section to an eligible applicant unless the eligible applicant does all of the following:

AB133-ASA1-AA2,286,14 1. Establishes and administers a separate segregated fund from which moneys may be used only for purposes related to a mass transit system.

AB133-ASA1-AA2,286,15 2. Deposits in the fund established under subd. 1. all of the following:

AB133-ASA1-AA2,286,17 a. All moneys received from this state and from the federal government for a mass transit system.

AB133-ASA1-AA2,286,20 b. All local moneys required by this state, or by the federal government, to match moneys described under subd. 2. a. as a condition of receiving or expending those state or federal moneys.

AB133-ASA1-AA2,286,21 c. All local moneys allocated for a mass transit system by the eligible applicant.

AB133-ASA1-AA2,286,23 d. All moneys received from a local revenue source that is dedicated to a mass transit system.

AB133-ASA1-AA2,287,3 3. Achieves in the fund established under subd. 1., during the year for which aid is payable under this section, a balance of moneys that is at least equal to the quotient determined under subd. 3. c. as follows:

AB133-ASA1-AA2,287,5 a. Determine, for each of the preceding 5 years, the annual sum of deposits, made by the eligible applicant, of moneys described in subd. 2. c.

AB133-ASA1-AA2,287,6 b. Add the 3 lowest annual totals determined under subd. 3. a.

AB133-ASA1-AA2,287,7 c. Divide the sum determined under subd. 3. b. by 3.

AB133-ASA1-AA2,287,16 (b) If an eligible applicant does not meet the requirements under par. (a) at the time that aid should be paid under this section, the department shall withhold the aid payment until the eligible applicant meets the requirements under par. (a). When the eligible applicant meets the requirements under par. (a), the department shall pay the aid withheld under this paragraph, without interest, except that, if the eligible applicant fails to meet the requirements under par. (a) within 180 days after the time that the aid should be paid, that aid is forfeited and may not be paid to that eligible applicant. Aid that is forfeited under this paragraph shall be counted under this section as if the aid had been paid.

AB133-ASA1-AA2,287,17 (c) The department shall promulgate rules implementing this subsection.".

AB133-ASA1-AA2,287,18 682. Page 971, line 16: after that line insert:

AB133-ASA1-AA2,287,19 " Section 1849gm. 85.20 (8) of the statutes is created to read:

AB133-ASA1-AA2,287,23 85.20 (8) Fully allocated cost bidding. (intro.) If a local public body solicits bids to contract for services, the bids of a publicly owned urban mass transit system shall use a fully allocated cost methodology established by the department by rule. The fully allocated cost methodology shall do all of the following:

AB133-ASA1-AA2,287,24 (a) Be based on generally accepted accounting principles.

AB133-ASA1-AA2,288,4 (b) Consider all shared costs and direct costs of the mass transit system that are related to and support the service being considered. A publicly owned urban mass transit system's costs include all subsidies provided to the system, including operating subsidies, capital grants and the use of public facilities.