Amendment AA2-ASA1-AB133

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".

AB133-ASA1-AA2,292,5 693. Page 975, line 25: delete "$265,229,400 in calendar year 2001 and".

AB133-ASA1-AA2,292,6 694. Page 976, line 3: delete lines 3 to 23.

AB133-ASA1-AA2,292,7 695. Page 976, line 23: after that line insert:

AB133-ASA1-AA2,292,8 " Section 1863md. 86.30 (11) of the statutes is created to read:

AB133-ASA1-AA2,292,11 86.30 (11) Local segregated fund required. (a) Notwithstanding sub. (2), the department may not pay state aid under this section to a municipality or county unless the municipality or county does all of the following:

AB133-ASA1-AA2,292,13 1. Establishes and administers a separate segregated fund from which moneys may be used only for purposes related to local highways.

AB133-ASA1-AA2,292,14 2. Deposits in the fund established under subd. 1. all of the following:

AB133-ASA1-AA2,292,16 a. All moneys received from this state and from the federal government for local highway purposes.

AB133-ASA1-AA2,292,19 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-AA2,292,21 c. All local moneys allocated for local highway purposes by the local governing body.

AB133-ASA1-AA2,292,23 d. All moneys received from a local revenue source that is dedicated to local highways.

AB133-ASA1-AA2,293,3 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-AA2,293,5 a. Determine, for each of the preceding 5 years, the annual sum of deposits, made by the municipality or county, of moneys described in subd. 2. c.

AB133-ASA1-AA2,293,6 b. Add the 3 lowest annual totals determined under subd. 3. a.

AB133-ASA1-AA2,293,7 c. Divide the sum determined under subd. 3. b. by 3.

AB133-ASA1-AA2,293,16 (b) If a municipality or county 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 municipality or county meets the requirements under par. (a). When the municipality or county meets the requirements under par. (a), the department shall pay the aid withheld under this paragraph, without interest, except that, if the municipality or county 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 municipality or county. Aid that is forfeited under this paragraph shall be counted under sub. (2) as if the aid had been paid.

AB133-ASA1-AA2,293,17 (c) The department shall promulgate rules implementing this subsection.".

AB133-ASA1-AA2,293,22 696. Page 978, line 13: before "The department" insert "Not later than December 15, 2001, and biennially thereafter, each municipality and county shall assess the physical condition of highways under its jurisdiction, using a pavement rating system approved by the department and report the results of that assessment to the department.".

AB133-ASA1-AA2,293,24 697. Page 978, line 13: after "mileage" insert "or other data concerning highways".

AB133-ASA1-AA2,294,1 698. Page 978, line 15: delete "mileage" and substitute "data".

AB133-ASA1-AA2,294,3 699. Page 978, line 17: delete "jurisdictional mileage" and substitute "jurisdictional mileage".

AB133-ASA1-AA2,294,5 700. Page 978, line 18: delete "determination efforts" and substitute "determination efforts under this subsection".

AB133-ASA1-AA2,294,8 701. Page 978, line 19: delete "years." and substitute "years Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.".

AB133-ASA1-AA2,294,9 702. Page 979, line 25: after that line insert:

AB133-ASA1-AA2,294,10 " Section 1875d. 86.31 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,294,19 86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such The contracts are subject to ss. 59.52 (29) (c), 60.47 (5m), 61.55 (3) and 62.15 (15). The contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city, village or town or village does not receive a responsible bid for an improvement, the city, village or town or village may contract with a county for the improvement. A town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h)".

AB133-ASA1-AA2,294,20 703. Page 979, line 25: after that line insert:

AB133-ASA1-AA2,294,21 " Section 1875cb. 86.31 (1) (am) of the statutes is amended to read:

AB133-ASA1-AA2,295,3 86.31 (1) (am) "County highway improvement program district committee" means a committee established by the department by rule under sub. (6) (f) consisting of not more than 5 county executives or county board chairpersons in counties that do not have county executives, or their designees, all of the county highway commissioners from counties within a county highway improvement program district.

AB133-ASA1-AA2, s. 1875dc Section 1875dc. 86.31 (2) (d) 1. of the statutes is repealed.

AB133-ASA1-AA2, s. 1875dd Section 1875dd. 86.31 (2) (d) 1m. of the statutes is created to read:

AB133-ASA1-AA2,295,10 86.31 (2) (d) 1m. The county highway department demonstrates that it is cost-effective for it to perform the work and that competitive bidding is to be used for improvements with an estimated total cost at least equal to the total funds allocated for its county trunk highway improvements under the program during the current biennium.

AB133-ASA1-AA2, s. 1875de Section 1875de. 86.31 (2) (d) 2. of the statutes is repealed.

AB133-ASA1-AA2, s. 1875df Section 1875df. 86.31 (2) (d) 3. of the statutes is repealed.

AB133-ASA1-AA2, s. 1875dg Section 1875dg. 86.31 (2) (d) 5. of the statutes is renumbered 86.31 (2) (d) 5. (intro.) and amended to read:

AB133-ASA1-AA2,295,18 86.31 (2) (d) 5. (intro.) Each county highway improvement program district committee shall be responsible for ensuring compliance with this paragraph. do all of the following with respect to any work to be performed by any county highway department within the county highway improvement program district:

AB133-ASA1-AA2, s. 1875dh Section 1875dh. 86.31 (2) (d) 5. a. and b. of the statutes are created to read:

AB133-ASA1-AA2,295,21 86.31 (2) (d) 5. a. Review the proposed work and determine that it is cost-effective for the county highway department to perform the work.

AB133-ASA1-AA2,295,23 b. Approve the proposed work prior to its being performed by the county highway department.".

AB133-ASA1-AA2,295,24 704. Page 980, line 6: after that line insert:

AB133-ASA1-AA2,296,1 " Section 1876e. 87.30 (1) (d) of the statutes is created to read:

AB133-ASA1-AA2,296,5 87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.".

AB133-ASA1-AA2,296,6 705. Page 980, line 6: after that line insert:

AB133-ASA1-AA2,296,7 " Section 1875gd. 86.31 (6) (g) of the statutes is created to read:

AB133-ASA1-AA2,296,11 86.31 (6) (g) Specific criteria for making determinations of cost-effectiveness under sub. (2) (d) 5. a. and procedures for review by the department of disputes relating to whether proposed work to be performed by a county highway department is cost-effective for purposes of sub. (2) (d) 5. a.

AB133-ASA1-AA2, s. 1875ge Section 1875ge. 86.31 (6) (h) of the statutes is created to read:

AB133-ASA1-AA2,296,14 86.31 (6) (h) Criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:

AB133-ASA1-AA2,296,18 1. A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids.

AB133-ASA1-AA2,296,23 2. A requirement that all bids may be rejected and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under subd. 1. by at least 10% and the town board notifies the 2 lowest bidders or, if only one bid was received, the bidder to provide information on the accuracy of the cost estimate under subd. 1.

AB133-ASA1-AA2,297,2 3. A requirement that the amount of the contract with a county for the improvement be at least 10% below the lowest bid received for the improvement.

AB133-ASA1-AA2,297,5 4. A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10% below the lowest bid received for the improvement.".

AB133-ASA1-AA2,297,6 706. Page 980, line 6: after that line insert:

AB133-ASA1-AA2,297,7 " Section 1876b. 88.11 (1) (f) of the statutes is amended to read:

AB133-ASA1-AA2,297,9 88.11 (1) (f) Assist districts in applying for permits under s. 88.31 chs. 30 and 31 from the department of natural resources.

AB133-ASA1-AA2, s. 1876m Section 1876m. 88.11 (1) (i) of the statutes is amended to read:

AB133-ASA1-AA2,297,14 88.11 (1) (i) Establish, by rule, performance standards for drainage district structures, ditches, maintenance and operations, in order to minimize adverse effects on water quality. The performance standards shall be consistent with any requirements imposed by the department of natural resources under s. 88.31.".

AB133-ASA1-AA2,297,15 707. Page 980, line 11: substitute "60%" for "40%".

AB133-ASA1-AA2,297,16 708. Page 980, line 17: substitute "2006" for "2004".

AB133-ASA1-AA2,297,17 709. Page 980, line 17: after that line insert:

AB133-ASA1-AA2,297,18 " Section 1909m. 92.05 (3) (L) of the statutes is created to read:

AB133-ASA1-AA2,298,2 92.05 (3) (L) Technical assistance; performance standards. The department shall provide technical assistance to county land conservation committees and local units of government for the development of ordinances that implement standards adopted under s. 92.07 (2), 92.105 (1), 92.15 (2) or (3) or 281.16 (3). The department's technical assistance shall include preparing model ordinances, providing data concerning the standards and reviewing draft ordinances to determine whether the draft ordinances comply with applicable statutes and rules.".

AB133-ASA1-AA2,298,3 710. Page 980, line 17: after that line insert: