Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 233j Section 233j. 77.525 of the statutes is amended to read:

AB1-SSA1-SA2,234,12 77.525 Reduction to prevent double taxation. Any person who is subject to the tax under s. 77.52 (2) (a) 5. a. on telecommunications services that terminate in this state and who has paid a similar tax on the same services to another state may reduce the amount of the tax remitted to this state by an amount equal to the similar tax properly paid to another state on those services or by the amount due this state on those services, whichever is less. That person shall refund proportionally to the persons to whom the tax under s. 77.52 (2) (a) 5. a. was passed on an amount equal to the amounts not remitted.

AB1-SSA1-SA2, s. 233k Section 233k. 77.54 (46m) of the statutes is created to read:

AB1-SSA1-SA2,234,19 77.54 (46m) The gross receipts from the sale of and the storage, use, or other consumption of telecommunications services, if the telecommunications services are obtained by using the rights to purchase telecommunications services, including purchasing reauthorization numbers, by paying in advance and by using an access number and authorization code; and if the tax imposed under s. 77.52 or 77.53 was previously paid on the sale or purchase of such rights.

AB1-SSA1-SA2, s. 233L Section 233L. 77.72 (3) (b) of the statutes is amended to read:

AB1-SSA1-SA2,235,2 77.72 (3) (b) Exceptions. Communication A communication service has a situs where the customer is billed for the service if the customer calls collect or pays by credit card. Services subject to s. 77.52 (2) (a) 5. b. have a situs at the customer's place of primary use of the services, as determined under 4 USC 116 to 126, as amended by P.L. 106-252. Towing services have a situs at the location to which the vehicle is delivered. Services performed on tangible personal property have a situs at the location where the property is delivered to the buyer.".

AB1-SSA1-SA2,235,4 324. Page 139, line 17: delete the material beginning with that line and ending with page 153, line 25.

AB1-SSA1-SA2,235,5 325. Page 153, line 25: after that line insert:

AB1-SSA1-SA2,235,6 " Section 258pr. 84.013 (1) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,235,10 84.013 (1) (a) (intro.) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state or a southeast Wisconsin freeway rehabilitation project under s. 84.014, which has a total cost of more than $5,000,000 and which involves any of the following:

AB1-SSA1-SA2, s. 258ps Section 258ps. 84.013 (2) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,235,15 84.013 (2) (a) Subject to s. ss. 84.555 and 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) (uum).

AB1-SSA1-SA2,235,18 (b) Except as provided in ss. 84.014 and, 84.03 (3), and 84.555, and 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).

AB1-SSA1-SA2, s. 258pt Section 258pt. 84.014 (2) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,236,2 84.014 (2) Notwithstanding s. 84.013 and subject Subject to s. ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under s. ss. 20.395 (3) (cr), (cw), and (cy) and 20.866 (2) (uum).

AB1-SSA1-SA2, s. 258pu Section 258pu. 84.014 (5m) of the statutes is created to read:

AB1-SSA1-SA2,236,8 84.014 (5m) (a) Notwithstanding any other provision of this section, the department may not expend any moneys from the appropriations under s. 20.395 (3) (cr), (cw), and (cy) for a southeast Wisconsin freeway rehabilitation project that involves adding one or more lanes 5 miles or more in length to the existing freeway unless the project is specifically enumerated in a list under par. (b).

AB1-SSA1-SA2,236,10 (b) The department may proceed with the following southeast Wisconsin freeway rehabilitation projects:

AB1-SSA1-SA2,236,12 1. No projects are enumerated under this paragraph as of the effective date of this subdivision .... [revisor inserts date].

AB1-SSA1-SA2, s. 258pv Section 258pv. 84.03 (2) (c) of the statutes is amended to read:

AB1-SSA1-SA2,236,24 84.03 (2) (c) After receiving a plan under par. (b) 1., the cochairpersons of the joint committee on finance jointly shall determine whether the plan is complete. If the joint committee on finance meets and either approves or modifies and approves a plan submitted under par. (b) 1. within 14 days after the cochairpersons determine that the plan is complete, the secretary shall implement the plan as approved by the committee. If the joint committee on finance does not meet and either approve or modify and approve a plan submitted under par. (b) 1. within 14 days after the cochairpersons determine that the plan is complete, the secretary shall implement the proposed plan. If the joint committee on finance approves a plan under s. 84.555 for a state fiscal year, the joint committee on finance may modify a plan implemented under this paragraph for that fiscal year.

AB1-SSA1-SA2, s. 258pw Section 258pw. 84.555 of the statutes is created to read:

AB1-SSA1-SA2,237,7 84.555 Additional funding of major highway and rehabilitation projects. (1) Notwithstanding ss. 84.51 and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, southeast Wisconsin freeway rehabilitation projects under s. 84.014, and state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq), may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) if all of the following conditions are satisfied:

AB1-SSA1-SA2,237,12 (a) The department's most recent estimate of the amount of federal funds, as defined in s. 84.03 (2) (a) 1., that the department will be appropriated under s. 20.395 in the current state fiscal year is less than 95% of the amount of federal funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriations under s. 20.395 in that fiscal year.

AB1-SSA1-SA2,237,21 (b) The secretary has submitted a plan to the joint committee on finance for the use of proceeds of general obligation bonds issued under s. 20.866 (2) (uum) and the joint committee on finance has approved the plan, except that the secretary may not submit, and the joint committee on finance may not approve, a plan for the use of an amount of proceeds of general obligation bonds that exceeds the difference between the amount of federal funds, as defined in s. 84.03 (2) (a) 1., actually available to the department to be appropriated under s. 20.395 in the current state fiscal year and the amount of federal funds shown in the schedule, as defined in s. 84.03 (2) (a) 2., for the appropriations under s. 20.395 in that fiscal year.

AB1-SSA1-SA2,237,25 (2) The joint committee on finance may approve, or modify and approve, a plan received under sub. (1) (b) using the procedure specified in s. 84.03 (2) (c). No plan submitted under sub. (1) (b) may be implemented unless the joint committee on finance has approved, or modified and approved, the plan.

AB1-SSA1-SA2,238,3 (3) The secretary may submit a plan under sub. (1) (b) at any time during a state fiscal year after the condition specified in sub. (1) (a) is satisfied for that fiscal year.".

AB1-SSA1-SA2,238,4 326. Page 153, line 25: after that line insert:

AB1-SSA1-SA2,238,5 " Section 258dd. 84.013 (4) (b) of the statutes is amended to read:

AB1-SSA1-SA2,238,12 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) and s. 84.014 (2m).

AB1-SSA1-SA2, s. 258dg Section 258dg. 84.014 (1) (c) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,238,21 84.014 (1) (c) "Reconstruction" means the rebuilding of highways and bridges, including improvements to enhance highway safety, design, or capacity. The term includes activities associated with such rebuilding, including design engineering, traffic mitigation, property acquisition, and utility facility relocation and, with respect to the Marquette interchange reconstruction project, includes the construction or reconstruction of alternate routes for purposes of traffic mitigation. The term does not include interim repairs.

AB1-SSA1-SA2, s. 258dj Section 258dj. 84.014 (2m) of the statutes is created to read:

AB1-SSA1-SA2,239,3 84.014 (2m) Notwithstanding s. 84.013 (4) (b), the Marquette interchange reconstruction project may include construction that consists of extending STH 794 in Milwaukee County as an alternate route for purposes of traffic mitigation.".

AB1-SSA1-SA2,239,4 327. Page 153, line 25: after that line insert:

AB1-SSA1-SA2,239,5 " Section 257m. 84.185 (3m) of the statutes is created to read:

AB1-SSA1-SA2,239,10 84.185 (3m) Review of applications. The department shall accept, review, and make determinations on applications for assistance under this section on a continuing, year-round basis. The department shall make a determination on each application for assistance under this section within a reasonable time after its receipt by the department.".

AB1-SSA1-SA2,239,11 328. Page 153, line 25: after that line insert:

AB1-SSA1-SA2,239,12 " Section 257bd. 79.097 of the statutes is created to read:

AB1-SSA1-SA2,239,18 79.097 Consolidation and annexation aid. Beginning with distributions in 2004, municipalities that consolidate shall receive a payment in each of the 3 years following the date on which the consolidation is certified and a town from which territory is annexed shall receive a payment in each of the 3 years following the date on which the annexation takes effect. The department of revenue shall promulgate rules to administer this section.".

AB1-SSA1-SA2,239,19 329. Page 153, line 25: after that line insert:

AB1-SSA1-SA2,239,21 " Section 258m. 85.12 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,239,24 85.12 (3) The department may contract with any local governmental unit, as defined in s. 22.01 16.97 (7), to provide that local governmental unit with services under this section.".

AB1-SSA1-SA2,240,1 330. Page 153, line 25: after that line insert:

AB1-SSA1-SA2,240,2 " Section 258r. 84.02 (15) of the statutes is created to read:

AB1-SSA1-SA2,240,4 84.02 (15) Traffic control signal emergency preemption devices. (a) In this subsection:

AB1-SSA1-SA2,240,8 1. "Additional cost" means the difference in cost between installation of a traffic control signal that is equipped with an emergency preemption device and confirmation signal and installation of a traffic control signal that is not so equipped, and includes the difference in incidental costs such as electrical wiring.

AB1-SSA1-SA2,240,10 2. "Authorized emergency vehicle" has the meaning given in s. 340.01 (3) (a), (c), (g), or (i).

AB1-SSA1-SA2,240,15 3. "Confirmation signal" means a white signal, located on or near a traffic control signal equipped with an emergency preemption device, that is designed to be visible to the operator of an approaching authorized emergency vehicle and that confirms to the operator that the emergency preemption device has received a transmission from the operator.

AB1-SSA1-SA2,240,20 4. "Emergency preemption device" means an electrical device, located on or within a traffic control signal, that is designed to receive an electronic, radio, or sonic transmission from an approaching authorized emergency vehicle that alters the normal sequence of the traffic control signal to provide or maintain a green signal for the authorized emergency vehicle to proceed through the intersection.

AB1-SSA1-SA2,240,21 5. "Political subdivision" means a county, city, village, or town.

AB1-SSA1-SA2,240,24 6. "Traffic control signal" means any electrical device by which traffic is alternately directed to stop and permitted to proceed by means of exhibiting different colored lights successively.

AB1-SSA1-SA2,241,3 (b) Before the department installs a new traffic control signal on a state trunk highway within the corporate limits of any political subdivision, the department shall do all of the following:

AB1-SSA1-SA2,241,5 1. Notify the political subdivision of the planned traffic control signal installation.

AB1-SSA1-SA2,241,7 2. Notify the political subdivision of the additional cost of equipping the traffic control signal with an emergency preemption device and confirmation signal.

AB1-SSA1-SA2,241,10 3. Provide the political subdivision with the opportunity to request that the traffic control signal be equipped with an emergency preemption device and confirmation signal.

AB1-SSA1-SA2,241,16 (c) If any political subdivision requests under par. (b) 3. that the department equip the traffic control signal with an emergency preemption device and confirmation signal, and one or more political subdivisions contributes a total of 50% of the additional cost specified under par. (b) 2., the department shall equip the traffic control signal with an emergency preemption device and confirmation signal when the department installs the traffic control signal.

AB1-SSA1-SA2,241,25 (d) Notwithstanding pars. (b) and (c), this subsection does not prohibit the department from installing on any state trunk highway, at the department's expense, any traffic control signal equipped with an emergency preemption device and confirmation signal. The department may install a new traffic control signal equipped with an emergency preemption device and confirmation signal under this paragraph without providing notice and an opportunity to respond under par. (b) to any political subdivision. The department shall install a confirmation signal with every new emergency preemption device installed by the department under this paragraph.

AB1-SSA1-SA2,242,5 (e) Any new traffic control signal installed by the department after the effective date of this paragraph .... [revisor inserts date], that is not equipped with an emergency preemption device shall include all electrical wiring necessary to equip the traffic control signal with an emergency preemption device and confirmation signal.

AB1-SSA1-SA2,242,9 (f) The department shall promulgate rules to implement and administer this subsection. The rules shall include procedures and deadlines for the department's notification of political subdivisions, and for political subdivisions' requests and contributions to the department, under this subsection.

AB1-SSA1-SA2, s. 258x Section 258x. 85.07 (7) (c) of the statutes is created to read:

AB1-SSA1-SA2,242,14 85.07 (7) (c) Notwithstanding par. (b), the department shall, in each fiscal year, expend federal funds available under 23 USC 152 for hazard elimination projects that reduce the response time of emergency vehicles regardless of reduction in motor vehicle accidents.".

AB1-SSA1-SA2,242,15 331. Page 154, line 4: after that line insert:

AB1-SSA1-SA2,242,16 " Section 259cd. 88.11 (1) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,242,19 88.11 (1) (intro.) The department of agriculture, trade and consumer protection natural resources shall employ an engineer, who shall be the state drainage engineer, to improve district operations. The department shall do all of the following:

AB1-SSA1-SA2, s. 259ce Section 259ce. 88.11 (1) (e) of the statutes is repealed.

AB1-SSA1-SA2, s. 259cf Section 259cf. 88.11 (1) (i) of the statutes is amended to read:

AB1-SSA1-SA2,243,2 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.

AB1-SSA1-SA2, s. 259cg Section 259cg. 88.11 (1m) of the statutes is amended to read:

AB1-SSA1-SA2,243,6 88.11 (1m) The department of agriculture, trade and consumer protection natural resources may perform any functions related to drainage districts that the department considers appropriate.

AB1-SSA1-SA2, s. 259ch Section 259ch. 88.11 (2) of the statutes is amended to read:

AB1-SSA1-SA2,243,10 88.11 (2) The state drainage engineer shall provide technical assistance to improve district operations on the request of the department of natural resources, drainage board, landowners in the district or the judge.

AB1-SSA1-SA2, s. 259ci Section 259ci. 88.11 (3) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,243,15 88.11 (3) (intro.) If the area proposed for drainage exceeds 200 acres in a single project, the board or the petitioners, before the hearing on the report under s. 88.34, 88.36 or 88.77, shall procure a report of the department of agriculture, trade and consumer protection natural resources on all of the following:

AB1-SSA1-SA2, s. 259cim Section 259cim. 88.11 (4) of the statutes is amended to read:

AB1-SSA1-SA2,243,20 88.11 (4) The board or the petitioners, with the aid of an engineer having the qualifications specified in s. 88.21 (5), shall make the necessary survey and evaluation as directed by the department of agriculture, trade and consumer protection natural resources for its report.

AB1-SSA1-SA2, s. 259cj Section 259cj. 88.11 (5) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,243,25 88.11 (5) (intro.) The report of the department of agriculture, trade and consumer protection natural resources under sub. (3) also shall include a report of the college of agriculture and life sciences of the University of Wisconsin-Madison on all of the following:

AB1-SSA1-SA2, s. 259ck Section 259ck. 88.11 (6) of the statutes is amended to read:

AB1-SSA1-SA2,244,4 88.11 (6) A drainage district shall comply with the rules promulgated under this section and any requirements imposed by the department of agriculture, trade and consumer protection natural resources under this section.

AB1-SSA1-SA2, s. 259cL Section 259cL. 88.11 (7) of the statutes is amended to read:

AB1-SSA1-SA2,244,9 88.11 (7) The department of agriculture, trade and consumer protection natural resources may issue a special order directing the immediate cessation of work regulated under this section until the necessary plan approval is obtained or until the project complies with this section.

AB1-SSA1-SA2, s. 259cn Section 259cn. 88.13 of the statutes is amended to read:

AB1-SSA1-SA2,244,19 88.13 Right to enter lands of drainage district. Whenever necessary for any purpose connected with the organization of a district or the construction, maintenance or repair of drains and other works, members of the board, representatives of the department of agriculture, trade and consumer protection natural resources, and persons intending to bid on or to whom contracts have been let for the construction of the works within a district and their respective agents and employees may go upon any lands proposed for inclusion or included within a district or on adjoining lands, and are not guilty of trespass therefor but are liable for unnecessary damage caused to crops or structures.

AB1-SSA1-SA2, s. 259cp Section 259cp. 88.15 of the statutes is amended to read:

AB1-SSA1-SA2,245,2 88.15 Drainage board grants. (1) From the appropriation under s. 20.115 (7) (d) 20.370 (6) (dd), the department of agriculture, trade and consumer protection natural resources shall make grants to boards to assist boards to comply with this chapter and rules promulgated under this chapter. A grant under this section may not exceed 60% of the costs incurred by the board to comply with this chapter and rules promulgated under this chapter.

AB1-SSA1-SA2,245,5 (2) The department of agriculture, trade and consumer protection natural resources shall promulgate rules for the administration of the program under this section.

AB1-SSA1-SA2,245,7 (3) The department of agriculture, trade and consumer protection natural resources may not make grants under this section after June 30, 2006.

AB1-SSA1-SA2, s. 259cq Section 259cq. 88.19 (4) (a) (intro.) of the statutes is amended to read: