Amendment AA2-ASA1-AB133

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.

AB133-ASA1-AA2,288,6 (c) Assign each cost of a publicly owned urban mass transit system to one of the following categories:

AB133-ASA1-AA2,288,8 1. Costs that depend on the number of vehicle hours operated, including operators' salaries and fringe benefits.

AB133-ASA1-AA2,288,10 2. Costs that depend on the number of vehicle miles traveled, including fuel costs, maintenance costs and maintenance personnel salaries and fringe benefits.

AB133-ASA1-AA2,288,12 3. Costs that depend on the maximum number of vehicles that are in service during the day, including administrative and capital costs.".

AB133-ASA1-AA2,288,13 683. Page 971, line 16: after that line insert:

AB133-ASA1-AA2,288,14 " Section 1849m. 85.205 of the statutes is created to read:

AB133-ASA1-AA2,288,20 85.205 Prohibited expenditures for transportation by rail. (1) Notwithstanding s. 85.20 (3), the department may not pay state aids for transportation services provided by rail unless the transportation services by rail are being constructed on the effective date of this subsection .... [revisor inserts date], and are providing services on or before April 1, 2000. This subsection does not apply to Amtrak, as defined in s. 85.06 (1) (a).

AB133-ASA1-AA2,288,24 (2) Notwithstanding ss. 85.022, 85.062 and 85.063, the department may not expend any state funds for any purpose related to light rail. This subsection does not apply to any light rail system that is being constructed on the effective date of this subsection .... [revisor inserts date].".

AB133-ASA1-AA2,289,1 684. Page 972, line 10: after that line insert:

AB133-ASA1-AA2,289,2 " Section 1852g. 85.243 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,289,12 85.243 (2) (a) The Subject to par. (am), the department shall administer a surface transportation discretionary grants program to promote the development and implementation of surface transportation projects that foster the diverse transportation needs of the people of this state. Annually, the department may make grants to eligible applicants for surface transportation projects that promote nonhighway use or that otherwise supplement existing transportation activities. A grant may not exceed 80% of the total cost of a project. The department shall give priority to funding projects that foster alternatives to single-occupancy automobile trips. In deciding whether to award a grant under this section, the department may consider whether other funding sources are available for the proposed project.

AB133-ASA1-AA2, s. 1852gd Section 1852gd. 85.243 (2) (am) of the statutes is created to read:

AB133-ASA1-AA2,289,22 85.243 (2) (am) The department may not approve a grant under par. (a) 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 par. (a) may not exceed the amounts appropriated under s. 20.395 (2) (jq), (jv) and (jx) for the biennium during which the grants are awarded. If the department determines that a grant was awarded under par. (a) 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 paragraph.".

AB133-ASA1-AA2,289,23 685. Page 974, line 24: after that line insert:

AB133-ASA1-AA2,289,24 " Section 1855t. 86.21 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,291,2 86.21 (2) (a) Before any such toll bridge is constructed or acquired under this section, a resolution authorizing the construction or acquisition thereof, and specifying the method of payment therefor, shall be adopted by a majority of the members of the governing body of such county, town, village or city at a regular meeting, after publication of said resolution, as a class 2 notice, under ch. 985. The resolution shall include a general description of the property it is proposed to acquire or construct. Any county, town, village or city constructing or acquiring a toll bridge under this section may provide for the payment of the same or any part thereof from the general fund, from taxation, or from the proceeds of either municipal bonds, revenue bonds or as otherwise provided by law. Such resolution shall not be effective until 15 days after its passage and publication. If within said 15 days a petition conforming to the requirements of s. 8.40 is filed with the clerk of such municipality signed by at least 20% of the electors thereof requesting that the question of acquiring such toll bridge be submitted to the said electors, such question shall be submitted at any general or regular municipal the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that may be is held not less sooner than 10 nor more than 40 45 days from the date of filing such petition. In case no such general or regular municipal election is to be held within such stated period, then the governing body of such municipality shall order a special election to be held within 30 days from the filing of such petition upon the question of whether such toll bridge shall be acquired by said municipality. The question submitted to the electors shall specify the method of payment for such toll bridge as provided in the resolution for the acquisition thereof. If no such petition is filed, or if the majority of votes cast at such referendum election are in favor of the acquisition of such toll bridge, then the resolution of the governing body for the acquisition of such toll bridge shall be in effect.".

AB133-ASA1-AA2,291,3 686. Page 974, line 24: after that line insert:

AB133-ASA1-AA2,291,4 " Section 1855rm. 86.255 of the statutes is created to read:

AB133-ASA1-AA2,291,14 86.255 Limitation on moneys used to purchase land remote from highway project. (1) Notwithstanding ss. 84.09 and 86.25, beginning with purchase contracts executed on the effective date of this subsection .... [revisor inserts date], and with relocation orders initially filed under ch. 32 on the effective date of this subsection .... [revisor inserts date], the department may not encumber or expend any moneys from the appropriations under s. 20.395 (3) for purposes related to the purchase of land, easements, or development rights in land, unless the land or interest in land is purchased in association with a highway improvement project and the land or interest in land is located within one-quarter mile of the centerline or proposed centerline of the highway.

AB133-ASA1-AA2,291,15 (2) Subsection (1) does not apply to any of the following:

AB133-ASA1-AA2,291,18 (a) The purchase of any land that is acquired as compensatory mitigation for another wetland, as defined in s. 23.32 (1), that will suffer an adverse impact by degradation or destruction as part of a highway project.

AB133-ASA1-AA2,291,22 (b) The purchase of any land, easements, or development rights in land, under an agreement executed in the name of the department before the effective date of this paragraph .... [revisor inserts date], or under a relocation order filed under ch. 32 before the effective date of this paragraph .... [revisor inserts date].".

AB133-ASA1-AA2,291,23 687. Page 975, line 1: delete ", sub. (10)".

AB133-ASA1-AA2,291,24 688. Page 975, line 11: after "2000" insert "and thereafter".

AB133-ASA1-AA2,292,1 689. Page 975, line 12: delete lines 12 and 13.

AB133-ASA1-AA2,292,2 690. Page 975, line 17: after "1999," insert "and".

AB133-ASA1-AA2,292,3 691. Page 975, line 18: delete "$84,303,700 in calendar year 2001 and".

AB133-ASA1-AA2,292,4 692. Page 975, line 24: after "1999," insert "and".