Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 2294g Section 2294g. 80.39 (2) of the statutes is amended to read:

SB55-ASA1-AA1,672,19 80.39 (2) Notice. Upon such petition the county board or the commissioners appointed by the board shall give notice of the time and place they will meet to decide on the petition. The notice shall be published as a class 2 notice, under ch. 985. The notice shall also be given to the department of natural resources fish, wildlife, parks, and forestry by serving a copy upon the secretary of natural resources fish, wildlife, parks, and forestry either by registered mail or personally and to the department of environmental management by serving a copy upon the secretary of environmental management. If the board appoints a committee to act, the notice shall state the fact and the notice shall be signed by the commissioners, otherwise by the chairperson of the board.

SB55-ASA1-AA1, s. 2294n Section 2294n. 80.41 of the statutes is amended to read:

SB55-ASA1-AA1,673,2 80.41 Discontinuing ways to waters. No resolution, ordinance, order or similar action of any town board or county board or committee thereof discontinuing any highway, street, alley or right-of-way that provides public access to any navigable lake or stream shall be effective until such resolution, ordinance, order or similar action is approved by the department of natural resources fish, wildlife, parks, and forestry and the department of environmental management.

SB55-ASA1-AA1, s. 2294r Section 2294r. 84.01 (17) of the statutes is amended to read:

SB55-ASA1-AA1,673,10 84.01 (17) Improvements for next 6 years. In each odd-numbered year, the department shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to February 1 of each even-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of natural resources, fish, wildlife, parks, and forestry, to the department of environmental management, and to the department of agriculture, trade and consumer protection.

SB55-ASA1-AA1, s. 2294w Section 2294w. 84.01 (23) of the statutes is amended to read:

SB55-ASA1-AA1,673,17 84.01 (23) Bridge standards. The department shall adopt standards and specifications for the design and construction of county, town, village and city bridges, arches or culverts. The standards shall be developed after consultation with the department of natural resources fish, wildlife, parks, and forestry and the department of environmental management, and shall be directed at preventing undue impairment of public rights in navigable waters.".

SB55-ASA1-AA1,673,18 1295. Page 856, line 3: after that line insert:

SB55-ASA1-AA1,673,20 " Section 2294ec. 79.10 (10) (bm) of the statutes is renumbered 79.10 (10) (bm) 1. and amended to read:

SB55-ASA1-AA1,674,7 79.10 (10) (bm) 1. A person who is eligible for a credit under sub. (9) (bm) but whose property tax bill does not reflect the credit may claim the credit by applying to the treasurer of the taxation district in which the property is located for the credit under par. (a) by January 31 following the issuance of the person's property tax bill. The treasurer of the taxation district in which the property is located shall compute the amount of the credit; subtract the amount of the credit from the person's property tax bill; notify the person of the reduced amount of the property taxes due; issue a refund to the person if the person has paid the property taxes in full; and enter the person's property on the next tax roll as property that qualifies for a lottery and gaming credit. Claims made under this paragraph subdivision become invalid when claims made under par. (a) become invalid.

SB55-ASA1-AA1, s. 2294ee Section 2294ee. 79.10 (10) (bm) 2. of the statutes is created to read:

SB55-ASA1-AA1,674,19 79.10 (10) (bm) 2. A person who may apply for a credit under subd. 1. but who does not timely apply for the credit under subd. 1. may apply to the department of revenue no later than October 1 following the issuance of the person's property tax bill. Subject to review by the department, the department shall compute the amount of the credit; issue a check to the person in the amount of the credit; and notify the treasurer of the county in which the person's property is located or the treasurer of the taxation district in which the person's property is located, if the taxation district collects taxes under s. 74.87. The treasurer shall enter the person's property on the next tax roll as property that qualifies for a lottery and gaming credit. Claims made under this subdivision become invalid when claims made under par. (a) become invalid.

SB55-ASA1-AA1, s. 2294eg Section 2294eg. 79.10 (10) (bn) of the statutes is renumbered 79.10 (10) (bn) 1. and amended to read:

SB55-ASA1-AA1,675,6 79.10 (10) (bn) 1. If a person who owns and uses property as specified under sub. (1) (dm), as of the certification date under par. (a), transfers the property after the certification date, the transferee may apply to the treasurer of the county in which the property is located or, if the property is located in a city that collects taxes under s. 74.87, to the treasurer of the city in which the property is located for the credit under sub. (9) (bm) on a form prescribed by the department of revenue. The transferee shall attest that, to the transferee's knowledge, the transferor used the property in the manner specified under sub. (1) (dm) as of the certification date under par. (a). A claim that is made under this paragraph subdivision is valid for the year in which the property is transferred.

SB55-ASA1-AA1, s. 2294eh Section 2294eh. 79.10 (10) (bn) 2. of the statutes is created to read:

SB55-ASA1-AA1,675,17 79.10 (10) (bn) 2. A person who is eligible for a credit under subd. 1. but whose property tax bill does not reflect the credit may claim the credit by applying to the treasurer of the taxation district in which the property is located for the credit by January 31 following the issuance of the person's property tax bill. Claims made after January 31, but no later than October 1 following the issuance of the person's property tax bill, shall be made to the department of revenue. Paragraph (bm), as it applies to processing claims made under that paragraph, applies to processing claims made under this subdivision, except that a claim that is made under this subdivision is valid for the year in which the person took possession of the transferred property under subd. 1.".

SB55-ASA1-AA1,675,18 1296. Page 856, line 3: after that line insert:

SB55-ASA1-AA1,675,19 " Section 2294p. 81.01 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,676,4 81.01 (3) (intro.) Provide machinery, implements, material, and equipment needed to construct, maintain, and repair said highways and bridges, and for that purpose may acquire by purchase or by condemnation in the manner provided by ch. 32 gravel pits and stone quarries, but the total sum spent under this subsection shall not exceed $10,000 in any year for construction, maintenance, and repair of highways and bridges may not exceed the product of $5,000 multiplied by the miles of highway under the jurisdiction of the town measured by the most recent highway mileage for the town, as determined under s. 86.302, unless one of the following occurs:

SB55-ASA1-AA1, s. 2294pc Section 2294pc. 81.01 (3) (b) of the statutes is amended to read:

SB55-ASA1-AA1,676,10 81.01 (3) (b) The town board, by resolution, submits to the electors of the town as a referendum at a general or special town election the question of exceeding the $10,000 limit set under this subsection. A copy of the resolution shall be filed as provided in s. 8.37. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:

SB55-ASA1-AA1,676,15 Shall the town of ... .... spend $... $.... over the annual limit of $10,000 the product of $5,000 multiplied by the miles of highway under the jurisdiction of the town measured by the most recent highway mileage for the town, as determined under section 86.302 of the Wisconsin Statutes, for the construction , maintenance, and repair of its highways and bridges?

SB55-ASA1-AA1,676,16 FOR SPENDING ⍽ AGAINST SPENDING ⍽".

SB55-ASA1-AA1,676,17 1297. Page 856, line 3: after that line insert:

SB55-ASA1-AA1,676,18 " Section 2294m. 81.01 (3) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,676,24 81.01 (3) (b) (intro.) The town board by resolution submits to the electors of the town as a referendum at a general or special town an election authorized under s. 8.065 the question of exceeding the $10,000 limit set under this subsection. A copy of the resolution shall be filed as provided in s. 8.37. The board shall abide by the majority vote of the electors of the town on the question. The question shall read as follows:".

SB55-ASA1-AA1,677,1 1298. Page 857, line 13: after that line insert:

SB55-ASA1-AA1,677,2 "Section 2296r. 84.013 (1) (a) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,677,6 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:".

SB55-ASA1-AA1,677,7 1299. Page 857, line 13: after that line insert:

SB55-ASA1-AA1,677,8 " Section 2296p. 84.01 (34) of the statutes is created to read:

SB55-ASA1-AA1,677,11 84.01 (34) Hazard elimination. Hazard elimination activities authorized under 23 USC 130 or 152 may not be funded from the appropriations under s. 20.395 (3) (cq) to (cx).".

SB55-ASA1-AA1,677,12 1300. Page 857, line 13: after that line insert:

SB55-ASA1-AA1,677,13 "Section 2296p. 84.01 (34) of the statutes is created to read:

SB55-ASA1-AA1,677,18 84.01 (34) Stillwater Bridge project. (a) Not later than April 1, 2002, the department shall develop and submit to the joint committee on finance a proposal specifying the amount of anticipated expenditures to be made by the department for mitigation in connection with the Stillwater Bridge project across the St. Croix River between Houlton in St. Croix County and Stillwater, Minnesota.

SB55-ASA1-AA1,677,23 (b) If, after submission of the proposal under par. (a), the department determines that it will exceed the amount of anticipated expenditures specified in the proposal under par. (a), the department shall submit to the joint committee on finance a proposal for the additional amount of anticipated expenditures for mitigation in connection with the project.".

SB55-ASA1-AA1,678,3 1301. Page 858, line 15: delete the material beginning with "and Old" and ending with "33" on line 16 and substitute "in the town of Delton and Terrytown Road in the town of Baraboo".

SB55-ASA1-AA1,678,4 1302. Page 858, line 25: after that line insert:

SB55-ASA1-AA1,678,5 " Section 2302gg. 84.013 (3m) (g) of the statutes is created to read:

SB55-ASA1-AA1,678,8 84.013 (3m) (g) The department shall complete any major highway project involving USH 10 from Marshfield to Stevens Point in Portage and Wood counties by December 31, 2010.".

SB55-ASA1-AA1,678,10 1303. Page 859, line 10: delete "reconstruction" and substitute "rehabilitation".

SB55-ASA1-AA1,678,11 1304. Page 859, line 22: after that line insert:

SB55-ASA1-AA1,678,14 "(d) "Rehabilitation" means the reconditioning, reconstruction, or resurfacing, as defined in s. 84.013 (1) (b) to (d), of a freeway or the adding of one or more lanes to the freeway, and includes interim repairs.

SB55-ASA1-AA1,678,18 (e) "Southeast Wisconsin freeway" means a state trunk highway, located in Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, or Waukesha county, that has 4 or more lanes of traffic physically separated by a median or barrier and that gives preference to through traffic by limiting access to interchanges only.".

SB55-ASA1-AA1,678,20 1305. Page 859, line 23: after "86.255," insert "any southeast Wisconsin freeway rehabilitation projects, including".

SB55-ASA1-AA1,678,21 1306. Page 859, line 24: delete "project" and substitute "project,".

SB55-ASA1-AA1,678,23 1307. Page 860, line 7: on lines 7 and 13, delete "reconstruction" and substitute "rehabilitation".

SB55-ASA1-AA1,679,1 1308. Page 861, line 17: after that line insert:

SB55-ASA1-AA1,679,6 "(8m) The department shall design the reconstruction of the Marquette interchange and I 94 in Milwaukee and Waukesha counties to allow for expansion of capacity for vehicular traffic on the Marquette interchange and I 94 in these counties to meet the projected vehicular traffic capacity needs, as determined by the department, for 30 years following the completion of such reconstruction.".

SB55-ASA1-AA1,679,7 1309. Page 861, line 17: after that line insert:

SB55-ASA1-AA1,679,8 " Section 2304p. 84.02 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,679,19 84.02 (5) (a) As often as it deems necessary, the department shall publish highway service maps showing the state trunk highway system and such other main highways and other features as may seem desirable. Such highway service maps shall be sold by the department at a price to be fixed by it, which shall be not less than cost. The department may permit the use of the base plates for other maps and publications in consideration of a fair fee for such use. The department shall make and publish or duplicate such highway service maps as are required for its use, and shall publish folded highway maps of Wisconsin for free distribution to the public. The department shall ensure that the folded highway maps bear information regarding the requirements of s. 347.48 (4) and do not bear information regarding toll-free telephone service under s. 13.205.".

SB55-ASA1-AA1,679,20 1310. Page 861, line 17: after that line insert:

SB55-ASA1-AA1,679,21 " Section 2304t. 84.02 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,680,19 84.02 (3) (a) Changes may be made in the state trunk system by the department, if it deems that the public good is best served by making the changes. The department, in making the changes, may lay out new highways by the procedure under this subsection. Due notice shall be given to the localities concerned of the intention to make changes or discontinuances, and if the change proposes to lay a highway via a new location and the distance along such deviation from the existing location exceeds 2 1/2 miles, then a hearing in or near the region affected by the proposed change shall be held prior to making the change effective. The notice shall also be given to the secretary of natural resources fish, wildlife, parks, and forestry and to the secretary of environmental management either by registered mail or personally. Whenever the department decides to thus change more than 2 1/2 miles of the system the change shall not be effective until the decision of the department has been referred to and approved by the county board of each county in which any part of the proposed change is situated. A copy of the decision shall be filed in the office of the clerk of each county in which a change is made or proposed. Where the distance along the deviation from the existing location exceeds 5 miles the change shall constitute an addition to the state trunk highway system. The preexisting route shall continue to be a state trunk highway unless the county board of each county in which any part of the relocation lies and the department mutually agree to its discontinuance as a state trunk highway. Whenever such county board or boards and the department cannot so agree the department shall report the problem to the next ensuing session of the legislature for determination.".

SB55-ASA1-AA1,680,21 1311. Page 861, line 19: delete the material beginning with that line and ending with page 864, line 2.

SB55-ASA1-AA1,680,23 1312. Page 865, line 2: delete the material beginning with "and" and ending with "(ck)," on line 4.

SB55-ASA1-AA1,680,24 1313. Page 865, line 8: delete "$10,000,000" and substitute "$5,000,000".

SB55-ASA1-AA1,681,1 1314. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,681,2 " Section 2307f. 84.04 (4) of the statutes is created to read:

SB55-ASA1-AA1,681,9 84.04 (4) Notwithstanding sub. (2), after the effective date of this subsection .... [revisor inserts date], the department may not construct any rest area along or in close proximity with a state trunk highway at a location that is within a radius of 5 miles from an exit from the highway that provides access to motorist services described under s. 86.195 (3). This subsection does not apply to any rest area that is located no more than 5 miles from the border of this state or to any rest area that may be located near the village of Belmont in Lafayette County.".

SB55-ASA1-AA1,681,10 1315. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,681,11 "Section 2307g. 84.06 (1) of the statutes is amended to read:

SB55-ASA1-AA1,681,19 84.06 (1) Definitions. In this section, "improvement" or "highway improvement" includes construction, reconstruction, rehabilitation, and the activities, operations and processes incidental to building, fabricating, or bettering a highway, public mass transportation system or street, but not maintenance. The terms do not include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, or intelligent transportation systems, unless incidental to building, fabricating, or bettering a highway or street.

SB55-ASA1-AA1, s. 2307h Section 2307h. 84.07 (1) of the statutes is amended to read:

SB55-ASA1-AA1,682,17 84.07 (1) State expense; when done by county or municipality. The state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and may contract with a private entity or any county highway committee or municipality to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the private entity, county, or municipality, and any private entity, county, or municipality may enter into such contract. General maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a continuing basis for the preservation of the highways on the state trunk system, and including the care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to s. 80.01 (3), and all measures deemed necessary to provide adequate traffic service. Special maintenance activities include the restoration, reinforcement, complete repair or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.".

SB55-ASA1-AA1,682,18 1316. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,682,19 " Section 2307dc. 84.072 of the statutes is created to read:

SB55-ASA1-AA1,682,21 84.072 Unified disadvantaged business certification program. (1) Definitions. In this section:

SB55-ASA1-AA1,682,23 (a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that is operated for profit.

SB55-ASA1-AA1,683,2 (am) "Certifying authority" means the department or, if authorized under sub. (5m), a municipality or county.

SB55-ASA1-AA1,683,3 (b) "Disadvantaged business" means a business that is all of the following:

SB55-ASA1-AA1,683,6 1. At least 51% owned by one or more disadvantaged individuals who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined in 8 USC 1101 (a) (20).

SB55-ASA1-AA1,683,8 2. Controlled in its management and daily business operations by one or more of the disadvantaged individuals who own the business.

SB55-ASA1-AA1,683,9 3. A small business concern within the meaning given in 49 CFR 26.5.

SB55-ASA1-AA1,683,12 (c) "Disadvantaged individual" means an individual found by a certifying authority to be socially and economically disadvantaged within the meaning given in 49 CFR 26.5.

SB55-ASA1-AA1,683,13 (d) "Municipality" means a city, village, or town.

SB55-ASA1-AA1,684,3 (2) Certification. (a) Any business may apply to a certifying authority for certification as a disadvantaged business. All applications shall be sworn and notarized. A certifying authority shall certify as a disadvantaged business any business that meets the requirements under 49 CFR 26, subpart D, for such certification. A certifying authority shall follow all certification procedures and standards provided in 49 CFR 26 and all certification determinations shall strictly conform with 49 CFR 26 and federal guidelines established under that section. A certifying authority shall complete review and issue a decision concerning an application within 90 days after receiving the completed application, except that a certifying authority may extend its review period to not more than 150 days if, within those 90 days, the certifying authority provides written notice to the applicant specifying the reasons for the extension. No person may certify a business as a disadvantaged business for purposes of 49 CFR 26, except as provided in this section. A certifying authority may charge and collect reasonable fees for reviewing an application submitted under this paragraph.

SB55-ASA1-AA1,684,8 (b) 1. Except as provided in sub. (6), a certifying authority is not required to review an application submitted by a business that has its principal place of business in another state, unless the business is certified as a disadvantaged business under a unified certification program that strictly conforms to 49 CFR 26 and to which that other state is a party.

SB55-ASA1-AA1,684,11 2. If the department receives an application for a business that is certified as a disadvantaged business under a federally approved unified certification program pursuant to 49 CFR 26, the department may do any of the following:

SB55-ASA1-AA1,684,13 a. Grant certification in reliance of the certification determination under the federally approved unified certification program.

SB55-ASA1-AA1,684,16 b. Make an independent certification determination based on material submitted by the other certifying agency, supplemented by whatever additional information the department may request from the applicant.

SB55-ASA1-AA1,684,18 c. Require the applicant to undergo the application process without regard to the other certification.

SB55-ASA1-AA1,684,23 3. If a certifying authority that is a municipality or county receives an application for a business that is certified as a disadvantaged business under a federally approved unified certification program pursuant to 49 CFR 26, the certifying authority shall forward the application to the department for purposes of subd. 2.

SB55-ASA1-AA1,685,3 (c) A certifying authority shall cooperate with any directive from the federal government under authority of 49 CFR 26 concerning certification under this section.

SB55-ASA1-AA1,685,8 (d) Certification under this section is valid for 3 years, unless the department removes certification under sub. (4) or the certification is removed as provided in 49 CFR 26.87 or 26.89. A certifying authority may not require a business that is certified under this section to reapply during the 3-year period after its certification, unless the factual basis on which the certification is made materially changes.

SB55-ASA1-AA1,685,16 (e) No certification of a business as a disadvantaged business for purposes of federal transportation assistance programs before the effective date of this paragraph .... [revisor inserts date], is valid for contracts executed after the last day of the 5th month beginning after the effective date of this paragraph .... [revisor inserts date]. Beginning on the first day of the 6th month beginning after the effective date of this paragraph.... [revisor inserts date], only a business certified under this section qualifies as a disadvantaged business enterprise for purposes of 49 CFR 26.

SB55-ASA1-AA1,685,22 (2m) Confidentiality. (a) A certifying authority may not disclose to any person any information that relates to an individual's statement of net worth, a statement of experience, or a company's financial statement, including the gross receipts of a bidder, or to any documentation submitted in support of those statements, if the information was obtained for the purpose of complying with 49 CFR 26, as that section existed on October 1, 1999.