Amendment SSA1-AB133

AB133-SSA1,958,19 84.01 (30) (g) If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under ss. 84.25 (11) and 86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of ss. 84.25 (11) and 86.19 (1).

AB133-SSA1, s. 1819 Section 1819. 84.013 (3) (zb) of the statutes is created to read:

AB133-SSA1,958,22 84.013 (3) (zb) USH 41 extending from 1.5 miles south of Frog Pond Road in Oconto County to 1.3 miles north of Schacht Road in Marinette County.

AB133-SSA1, s. 1819c Section 1819c. 84.013 (4) (a) of the statutes is amended to read:

AB133-SSA1,959,3 84.013 (4) (a) In Subject to s. 13.489 (1m), in preparation for future major highway projects, the department may perform preliminary engineering and design work and studies for possible major highway projects not listed under sub. (3), but no major highway may be constructed unless the project is listed under sub. (3) or approved under sub. (6).

AB133-SSA1, s. 1819d Section 1819d. 84.013 (4) (b) of the statutes is amended to read:

AB133-SSA1,959,10 84.013 (4) (b) The department may not, within any 6-year period, construct a highway project consisting of separate contiguous projects which do not individually qualify as major highway projects but which in their entirety would constitute a major highway project without first submitting the project to the transportation projects commission for its recommendations and report and without specific authorization under sub. (3), except as provided in par. (c) and sub. (6).

AB133-SSA1, s. 1819e Section 1819e. 84.013 (4) (c) of the statutes is created to read:

AB133-SSA1,959,17 84.013 (4) (c) The department may construct highway projects involving STH 59 between STH 164 on the eastern edge of the city of Waukesha and Calhoun Road in Waukesha County and STH 59 from Calhoun Road to the Waukesha County line in Waukesha County without first submitting the projects to the transportation projects commission for its recommendations and report and without specific authorization under sub. (3).

AB133-SSA1, s. 1819m Section 1819m. 84.1044 of the statutes is created to read:

AB133-SSA1,959,24 84.1044 John R. Plewa Memorial Lake Parkway. The department shall designate and mark I 794 and STH 794 in Milwaukee County commencing from the Daniel Webster Hoan Memorial Bridge and proceeding southerly to the intersection with East Layton Avenue as the "John R. Plewa Memorial Lake Parkway" in recognition and appreciation of the life of John R. Plewa and his public service as a member of the Wisconsin legislature for more than 20 years.

AB133-SSA1, s. 1820 Section 1820. 84.106 of the statutes is created to read:

AB133-SSA1,960,7 84.106 Scenic byways program. (1) Designation. The department shall develop, implement and administer a program to designate highways, as defined in s. 340.01 (22), or portions of highways in this state that have outstanding scenic, historic, cultural, natural, recreational or archeological qualities as scenic byways. The department may seek designation by the federal government of a highway designated as a scenic byway under this section as a national scenic byway or as an All-American Road.

AB133-SSA1,960,9 (2) Rules. The department shall promulgate rules under this section consistent with 23 USC 162 and regulations established under that section.

AB133-SSA1, s. 1820k Section 1820k. 84.11 (5n) of the statutes is created to read:

AB133-SSA1,960,13 84.11 (5n) Design-build contracts. (a) In this subsection, "design-build contract" means a contract for a project under which the engineering, design and construction services are provided by a single entity.

AB133-SSA1,960,19 (b) Notwithstanding any other provision of this section and ss. 84.01 (13) and 84.06 (2), the department may enter into a design-build contract for the design and construction of a bridge for which funding is provided under s. 84.11 (5), 1993 stats., and for which no contract for construction is awarded before May 1, 1999. The department may enter into a contract under this paragraph only if all of the following conditions are met:

AB133-SSA1,960,24 1. The design-build contract is awarded through a competitive selection process that utilizes, at a minimum, contractor qualifications, quality, completion time and cost as award criteria. In order to be eligible to participate in the selection process, the contractor must be prequalified by the department as a design consultant and as a contractor.

AB133-SSA1,961,4 2. The design-build contract is approved by the secretary of the federal department of transportation under an experimental program described under section 1307 (d) of P.L. 105-178 pursuant to the authority granted under section 1307 (e) of P.L. 105-178.

AB133-SSA1,961,5 3. The design-build contract is approved by the governor.

AB133-SSA1,961,9 (c) No later than 5 years after the effective date of this paragraph .... [revisor inserts date], the department shall submit a report to the governor, and to the legislature under s. 13.172 (2), describing the effectiveness of the design-build process contracting procedures under this subsection.

AB133-SSA1, s. 1820L Section 1820L. 84.11 (5r) of the statutes is created to read:

AB133-SSA1,961,16 84.11 (5r) Milwaukee 6th street viaduct cost sharing. Notwithstanding sub. (5m), the costs for any project governed by an agreement that is in effect before June 30, 1993, for which funding is provided under s. 84.11 (5), 1993 stats., and for which no contract for construction is awarded before May 1, 1999, shall be paid as specified in an agreement entered into on or after April 20, 1999, by the city and county in which the bridge is wholly located and this state.

AB133-SSA1, s. 1820m Section 1820m. 84.185 (10) of the statutes is created to read:

AB133-SSA1,961,19 84.185 (10) Priority of brownfields. The department shall promote the program under this section as required under s. 85.61.

AB133-SSA1, s. 1820n Section 1820n. 84.25 (11) of the statutes is amended to read:

AB133-SSA1,962,2 84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of workforce development and operated by blind or visually impaired persons, or a commercial enterprise exempted from this subsection by an agreement under s. 84.01 (30) (g), shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

AB133-SSA1, s. 1821 Section 1821. 84.30 (2m) of the statutes is created to read:

AB133-SSA1,962,7 84.30 (2m) Conditional uses and special exceptions not considered. No uses of real property that are authorized by special zoning permission, including uses by conditional use, special exception, zoning variance or conditional permit, may be considered when determining whether the area is a business area.

AB133-SSA1, s. 1822 Section 1822. 84.30 (3) (c) (intro.) of the statutes is amended to read:

AB133-SSA1,962,18 84.30 (3) (c) (intro.) Signs advertising activities conducted on the property on which they are located if such on-property signs comply with applicable federal law and the June 1961 agreement between the department and the federal highway administrator relative to control of advertising adjacent to interstate highways. Additionally, any such sign located outside the incorporated area of a city or village shall comply with the following criteria No on-property sign may be erected in a location where it constitutes a traffic hazard. If the department issues permits for outdoor advertising signs, the department is not required to issue permits for on-property signs that conform to the requirements of this paragraph. On-property signs may be illuminated, subject to the following restrictions:

AB133-SSA1, s. 1823 Section 1823. 84.30 (3) (c) 1. to 3. of the statutes are repealed and recreated to read:

AB133-SSA1,962,23 84.30 (3) (c) 1. Signs which contain, include or are illuminated by any flashing, intermittent or moving light or lights are prohibited, except electronic signs permitted by rule of the department.

AB133-SSA1,963,3 2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or federal-aid primary highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

AB133-SSA1,963,5 3. No sign may be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device or signal.

AB133-SSA1, s. 1824 Section 1824. 84.30 (3) (c) 5. of the statutes is repealed.

AB133-SSA1, s. 1824f Section 1824f. 84.30 (10m) of the statutes is created to read:

AB133-SSA1,963,13 84.30 (10m) Annual permit fee requirement. The department may promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. If the department establishes an annual permit fee under this subsection, failure to pay the fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. TRANS 201.10 (2) (f), Wis. Adm. Code.

AB133-SSA1, s. 1825 Section 1825. 84.59 (2) of the statutes is amended to read:

AB133-SSA1,963,20 84.59 (2) The department may, under s. 18.56 (5) and (9) (j) 18.561 or 18.562, deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, revenues derived under s. 341.25. The revenues deposited 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 section.

AB133-SSA1, s. 1826 Section 1826. 84.59 (6) of the statutes is amended to read:

AB133-SSA1,964,10 84.59 (6) Revenue obligations may be contracted by the The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Revenue Except as provided in this subsection, the principal amount of revenue obligations issued under this section shall may not exceed $1,348,058,900 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $1,255,499,900 of the $1,348,058,900 may $1,440,665,900 and may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

AB133-SSA1, s. 1828m Section 1828m. 85.021 of the statutes is created to read:

AB133-SSA1,964,16 85.021 Long-range transportation plans. (1) In this section, "long-range transportation plan" means a plan for the development or maintenance of airports, highways, bicycle and pedestrian facilities, railroads, railroad facilities, harbor facilities, harbors or mass transit systems that covers a time period of more than 6 years.

AB133-SSA1,965,3 (2) If the department proposes to adopt a long-range transportation plan the secretary shall, prior to the department's adoption of the plan, submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may adopt the plan. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may adopt the plan only upon approval of the committee. If the committee directs the department to reconsider parts of the plan, the department may adopt the plan only after reconsidering the plan, resubmitting a revised plan to the committee and receiving the committee's approval.

AB133-SSA1, s. 1830 Section 1830. 85.024 (2) of the statutes is amended to read:

AB133-SSA1,965,13 85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the The department shall award from the appropriation under s. 20.395 (2) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.

AB133-SSA1, s. 1830g Section 1830g. 85.026 (2) of the statutes is amended to read:

AB133-SSA1,965,19 85.026 (2) Program. The Subject to s. 85.61, the department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under 23 USC 133 (b) (8). The grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx).

AB133-SSA1, s. 1830h Section 1830h. 85.05 of the statutes is amended to read:

AB133-SSA1,966,3 85.05 Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under s. 13.489 (4).

AB133-SSA1, s. 1830j Section 1830j. 85.055 of the statutes is created to read:

AB133-SSA1,966,7 85.055 Passenger railroad station improvements. (1) In this section, "Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.

AB133-SSA1,966,14 (2) The department shall administer a passenger railroad station improvement grant program. From the appropriation under s. 20.395 (2) (ct), the department shall award grants to local governmental units or private entities for the construction or rehabilitation of passenger railroad stations along existing or proposed rail passenger routes. The amount of a grant awarded under this section shall be limited to an amount equal to 33% of the cost of the project or $60,000, whichever is less.

AB133-SSA1,966,17 (3) The department may not award a grant under this section to a public entity unless the governing body of the city, town, village or county has adopted a resolution supporting the proposed project.

AB133-SSA1,966,18 (4) The department shall promulgate rules to administer the program.

AB133-SSA1, s. 1830p Section 1830p. 85.07 (7) of the statutes is renumbered 85.07 (7) (a).

AB133-SSA1, s. 1830q Section 1830q. 85.07 (7) (b) of the statutes is created to read:

AB133-SSA1,967,3 85.07 (7) (b) When evaluating and selecting proposed hazard elimination projects to be funded using federal funds available under 23 USC 152, the department shall consider the reduction in motor vehicle accidents that will result from the proposed projects, except that, if a proposed project will reduce the response time of emergency vehicles, the department shall consider both the reduction in motor vehicle accidents that will result from the proposed project and the public safety benefits that will result from a reduction in the response time of emergency vehicles.

AB133-SSA1, s. 1832 Section 1832. 85.12 (3) of the statutes is created to read:

AB133-SSA1,967,7 85.12 (3) The department may contract with any local governmental unit, as defined in s. 16.97 (7), to provide that local governmental unit with services under this section.

AB133-SSA1, s. 1834 Section 1834. 85.20 (1) (g) of the statutes is amended to read:

AB133-SSA1,967,24 85.20 (1) (g) "Operating expenses" mean costs accruing to an urban mass transit system by virtue of its operations, including costs to subsidize fares paid by disabled persons for transportation within the urban area of the eligible applicant, and, for eligible applicants receiving aid under sub. (4m) (a) 7. or 8., maintenance. For a publicly owned system, operating expenses do not include profit, return on investment or depreciation as costs. If a local public body contracts for the services of a privately owned system on the basis of competitive bids, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance, profit and return on investment. If a local public body contracts for the services of a privately owned system on the basis of negotiated procurement, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance. In an urban area which is served exclusively by shared-ride taxicab systems, operating expenses may include costs to subsidize reasonable fares paid by all users for transportation within the urban area of the eligible applicant.

AB133-SSA1, s. 1836m Section 1836m. 85.20 (4m) (a) (intro.) of the statutes is amended to read:

AB133-SSA1,968,15 85.20 (4m) (a) (intro.) An amount shall be allocated 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 specified in subd. 6. d. The department shall allocate an amount to each eligible applicant described in subd. 7. or 8. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the 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-SSA1, s. 1837 Section 1837. 85.20 (4m) (a) 1., 2., 3., 4. and 5. of the statutes are repealed.

AB133-SSA1, s. 1837m Section 1837m. 85.20 (4m) (a) 6. a. of the statutes is amended to read:

AB133-SSA1,968,21 85.20 (4m) (a) 6. a. From the appropriation under s. 20.395 (1) (hq), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses in excess of $20,000,000. This subd. 6. a. does not apply to aid payable for calendar year 2000 or thereafter.

AB133-SSA1, s. 1838 Section 1838. 85.20 (4m) (a) 6. b. of the statutes is amended to read:

AB133-SSA1,969,3 85.20 (4m) (a) 6. b. For the purpose of making allocations under subd. 6. a., the amounts amount for aids are $60,984,900 in calendar year 1998 and is $63,119,300 in calendar year 1999 and thereafter. These amounts, . This amount, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year 1999. This subd. 6. b. does not apply to aid payable for calendar year 2000 or thereafter.

AB133-SSA1, s. 1839mm Section 1839mm. 85.20 (4m) (a) 6. cm. of the statutes is created to read:

AB133-SSA1,969,12 85.20 (4m) (a) 6. cm. Beginning with aid payable for calendar year 2000, from the appropriation under s. 20.395 (1) (ht), the department shall pay $53,555,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB133-SSA1, s. 1839mr Section 1839mr. 85.20 (4m) (a) 6. d. of the statutes is created to read:

AB133-SSA1,969,21 85.20 (4m) (a) 6. d. Beginning with aid payable for calendar year 2000, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,297,600 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB133-SSA1, s. 1841 Section 1841. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB133-SSA1,970,2 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $17,799,600 in calendar year 1998 and $18,422,500 in calendar year 1999 and $19,804,200 in calendar year 2000 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB133-SSA1, s. 1844 Section 1844. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB133-SSA1,970,8 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $4,807,600 in calendar year 1998 and $4,975,900 in calendar year 1999 and $5,349,100 in calendar year 2000 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB133-SSA1, s. 1847m Section 1847m. 85.20 (4r) of the statutes is created to read:

AB133-SSA1,970,22 85.20 (4r) Expansion of service. An eligible applicant that receives aid under sub. (4m) (a) 7. or 8. shall notify the department if the eligible applicant anticipates receiving new or expanded services provided by an urban mass transit system in a manner that will increase operating expenses. The eligible applicant shall provide the notice during the calendar year preceding the calendar year in which the new or expanded services will first be provided. The notice shall include an estimate of the projected annual operating expenses of the new or expanded services. The department may modify the projected annual operating expenses to an amount that the department considers reasonable. The department shall adjust the projected annual operating expenses for inflation and, for each calendar year for which actual operating costs of the new or expanded services are not known, shall add the adjusted projected annual operating expenses to the operating expenses used to determine the uniform percentage under sub. (4m) (a) (intro.).

AB133-SSA1, s. 1847q Section 1847q. 85.20 (4s) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB133-SSA1,971,5 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hq), (hr) or, (hs) , (ht) or (hu).

AB133-SSA1, s. 1848 Section 1848. 85.20 (6) (c) of the statutes is created to read:

AB133-SSA1,971,10 85.20 (6) (c) Disclose to the department the amount of federal aid over which the eligible applicant has spending discretion and that the eligible applicant intends to apply towards operating expenses for a calendar year. This paragraph applies only to an eligible applicant that receives aid under sub. (4m) (a) 7. or 8.

AB133-SSA1, s. 1849g Section 1849g. 85.20 (7) (c) of the statutes is created to read:

AB133-SSA1,971,16 85.20 (7) (c) Beginning with contracts for aid payable for calendar year 2000, the department may not enter into a contract for payment of state aids under sub. (4m) unless the rules promulgated under this subsection are in effect and unless the contract requires the urban mass transit system to comply with those rules as a condition of receiving aid under sub. (4m).

AB133-SSA1, s. 1850 Section 1850. 85.22 (2) (am) (intro.) of the statutes is amended to read:

AB133-SSA1,971,20 85.22 (2) (am) (intro.) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under 49 USC 1612 (b) (2) 5310 (a) and is one of the following:

AB133-SSA1, s. 1851 Section 1851. 85.22 (4) of the statutes is renumbered 85.22 (4) (a) (intro.) and amended to read: