Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,696,17 84.1040 Donald K. "Deke" Slayton Memorial Highway. (1) The department shall designate and, subject to sub. (2), mark STH 27 in Monroe County commencing at Sparta and proceeding southerly to Cashton as the "Donald K. `Deke' Slayton Memorial Highway" as a living memorial to and in honor of Donald K. "Deke" Slayton, who brought credit to this state and, in particular, Monroe County for his contribution to this country's space program as one of the 7 original astronauts and as a participant in the first joint United States-Soviet space mission.

SB55-ASA1-AA1,696,24 (2) Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the cost of erecting and maintaining markers along the route specified in sub. (1) to clearly identify to motorists the designation of the route as the "Donald K. `Deke' Slayton Memorial Highway," the department shall erect and maintain the markers. No state funds, other than from the receipt of contributions under this subsection, may be expended for the erection or maintenance of the markers.".

SB55-ASA1-AA1,697,1 1320. Page 866, line 7: after that line insert:

SB55-ASA1-AA1,697,2 " Section 2307u. 84.11 (3) of the statutes is amended to read:

SB55-ASA1-AA1,697,11 84.11 (3) Hearing. Within 60 days of the receipt of a petition under sub. (2), the department shall fix a time and place for a hearing and give notice of the hearing by publication of a class 2 notice, under ch. 985, in the vicinity of the proposed bridge project. Notice shall also be given by registered letter addressed to the clerks of the counties, cities, villages and towns in which any part of the bridge project will be located. The notice shall also be given to the secretary of natural resources fish, wildlife, parks, and forestry and the secretary of environmental management either by registered mail or personally. The hearing may be held in any county, city, village or town in which any part of the bridge project will be located.

SB55-ASA1-AA1, s. 2307w Section 2307w. 84.11 (7m) of the statutes is amended to read:

SB55-ASA1-AA1,698,5 84.11 (7m) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred by law upon the department of natural resources environmental management, and the control exercised by the United States, the construction under this section of any bridge project shall be wholly under the supervision and control of the department. The secretary shall make and execute all contracts and have complete supervision over all matters pertaining to such construction and shall have the power to suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project under sub. (1m), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys provided by counties, cities, villages and towns shall be deposited in the state treasury, when required by the secretary, and paid out on order of the secretary. Any of such moneys deposited for a project eligible for construction under sub. (1m) which remain in the state treasury after the completion of the project shall be repaid to the respective counties, cities, villages and towns in such amounts as to result in the distribution provided in sub. (5m).

SB55-ASA1-AA1, s. 2307y Section 2307y. 84.12 (7) of the statutes is amended to read:

SB55-ASA1-AA1,699,8 84.12 (7) Execution and control of work. Subject to the control and supervision over the navigable waters of the state conferred upon the department of natural resources environmental management, and the control exercised by the United States, the construction under this section of any bridge project shall be under the joint supervision and control of the department and of the transportation department of the other state concerned. If the transportation department of the other state is not authorized to act jointly with this state in such bridge project arrangements may be made with such subdivisions of the other state as may have proper authority, represented by their proper officers. Control shall be exercised in the manner deemed most expedient by the secretary and such department or by the secretary and the officers of the subdivisions of the other state concerned in the construction. Contracts for the construction of said bridge projects may be made and executed by the secretary and the transportation department of the other state jointly, or jointly by the secretary and such subdivisions of the other state as may participate in the construction, or by appropriate agreement between the parties with respect to financing and control of the work, the authority of either state may contract for all or part of the construction. The secretary may suspend or discontinue proceedings or construction relative to any bridge project at any time in the event any county, city, village or town fails to pay the amount required of it as to any project eligible to construction under sub. (1) (a) or offered by it as to any project eligible to construction under sub. (1) (b), or in the event the secretary determines that sufficient funds to pay the state's part of the cost of the bridge project are not available. All moneys available from this state, or its subdivisions, shall be deposited in the state treasury when required by the secretary and shall be paid out only upon the order of the secretary. Moneys deposited by such subdivisions which remain in the state treasury after the completion of such project shall be repaid to the respective subdivisions in the proportion paid in.".

SB55-ASA1-AA1,699,10 1321. Page 866, line 24: delete the material beginning with that line and ending with page 868, line 2.

SB55-ASA1-AA1,699,11 1322. Page 868, line 2: after that line insert:

SB55-ASA1-AA1,699,13 "Section 2308r. 84.30 (10m) of the statutes is renumbered 84.30 (10m) (intro.) and amended to read:

SB55-ASA1-AA1,699,19 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. This subsection does not apply to any of the following:

SB55-ASA1-AA1, s. 2308s Section 2308s. 84.30 (10m) (a) and (b) of the statutes are created to read:

SB55-ASA1-AA1,699,22 84.30 (10m) (a) An off-premises advertising sign that is owned by a nonprofit organization.

SB55-ASA1-AA1,699,24 (b) A sign that has been permanently removed by the owner of the sign, even if the department was not notified of the sign's removal.".

SB55-ASA1-AA1,700,1 1323. Page 868, line 2: after that line insert:

SB55-ASA1-AA1,700,3 " Section 2308n. 84.205 (2) (intro.) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,700,15 84.205 (2) (intro.) From funds appropriated and available to the department under s. 20.395 (3) in the state and local highways account, the department shall pay, in whole or in part, any claims submitted to the department by a political subdivision, on a form prescribed by the department, for damage to any gravel road maintained by the political subdivision that is determined by the department to be caused by reason of the road's use as a detour incident to the maintenance, repair, or construction by the department of any state trunk highway, if the gravel road is not part of a detour route designated by the department. The political subdivision shall include with the claim a description of the nature and cause of the alleged damage, the asserted value of the claim, and all known evidence in support of the claim. In making its determination after submittal of the claim, the department shall consider each of the following factors:

SB55-ASA1-AA1, s. 2308t Section 2308t. 84.30 (17) of the statutes is amended to read:

SB55-ASA1-AA1,700,19 84.30 (17) Transportation fund. All fees collected for the issuance of permits provided for under this section shall be paid into the state and local highways account in the transportation fund.".

SB55-ASA1-AA1,700,20 1324. Page 868, line 2: after that line insert:

SB55-ASA1-AA1,700,21 " Section 2308t. 84.28 of the statutes is amended to read:

SB55-ASA1-AA1,701,15 84.28 State park, forest and riverway roads. (1) Moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources fish, wildlife, parks, and forestry. Moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Wisconsin state riverway as defined in s. 30.40 (15). Outside the lower Wisconsin state riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property, moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking and maintenance of roads which the department of natural resources fish, wildlife, parks, and forestry certifies are utilized by a substantial number of visitors to state parks, state forests or other property under the jurisdiction of the department of natural resources fish, wildlife, parks, and forestry. The department of natural resources fish, wildlife, parks, and forestry shall authorize expenditures under this subsection. The department of natural resources fish, wildlife, parks, and forestry shall rank projects eligible for assistance under a priority system and funding may be restricted to those projects with highest priority.

SB55-ASA1-AA1,702,16 (2) The department may administer a program for the construction, maintenance and marking of roads, including fire roads, service areas, trailer or vehicle parking stalls or parking areas and other facilities consistent with highway construction and for the marking of scenic routes in the state parks, state forests, the lower Lower Wisconsin state riverway State Riverway as defined under s. 30.40 (15), state fish hatcheries, other public used areas under the jurisdiction of the department of natural resources fish, wildlife, parks, and forestry and other public lands as defined in ch. 24, for highways or fire roads leading from the most convenient state trunk highways to such lands, and for the relocation and construction of state trunk highways in or near state parks when required in the interests of public safety. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority or with the approval of the department, upon the request for such work filed by the department of natural resources fish, wildlife, parks, and forestry as to the lower Lower Wisconsin state riverway State Riverway, as defined in s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of the public lands as to other classes of public lands. Outside the lower Lower Wisconsin state riverway State Riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest and public land areas, direct connections to the most convenient state trunk highway may be built or maintained under this section. Roads in unincorporated areas within 5 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh Marsh wildlife area may be built or maintained under this section upon request of the town board, if the department of transportation certifies that such roads are or will be used by a substantial number of visitors to such area. Costs incurred under this section shall be the responsibility of the department of natural resources fish, wildlife, parks, and forestry, commissioners of public lands or town board, as appropriate.".

SB55-ASA1-AA1,702,17 1325. Page 868, line 10: after that line insert:

SB55-ASA1-AA1,702,18 " Section 2309m. 84.59 (3) of the statutes is amended to read:

SB55-ASA1-AA1,703,3 84.59 (3) The secretary may pledge revenues received or to be received in the fund established in sub. (2) to secure revenue obligations issued under this section. The pledge shall provide for the transfer to this state of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under s. 20.395 (6) (as). The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the transportation fund and that the transferred amounts are free of any prior pledge. The secretary shall deposit any amounts transferred under this subsection in the state and local highways account in the transportation fund.".

SB55-ASA1-AA1,703,4 1326. Page 868, line 24: after that line insert:

SB55-ASA1-AA1,703,5 " Section 2310m. 85.027 of the statutes is created to read:

SB55-ASA1-AA1,703,6 85.027 Highway corridor planning grant program. (1) In this section:

SB55-ASA1-AA1,703,10 (a) "Highway corridor" means the area up to 10 miles on either side of a state trunk highway that is expected by the department to need additional capacity for vehicular traffic or to have possible safety or operational problems resulting from pressure for development adjacent to the highway.

SB55-ASA1-AA1,703,13 (b) "Local governmental unit" means a city, village, town, county, regional planning commission, or metropolitan planning organization, as defined in s. 85.243 (1) (c).

SB55-ASA1-AA1,703,18 (2) The department shall administer a highway corridor planning grant program. From the appropriation under s. 20.395 (3) (bq), the department shall award grants to local governmental units for highway corridor planning activities. In any fiscal year, the department may not expend more than $500,000 for grants under this subsection.".

SB55-ASA1-AA1,703,19 1327. Page 868, line 24: after that line insert:

SB55-ASA1-AA1,703,20 " Section 2310m. 85.028 of the statutes is amended to read:

SB55-ASA1-AA1,704,4 85.028 Milwaukee east-west transportation corridor. Upon implementation of a funding source to provide local funds for a Milwaukee east-west transportation corridor project, local units of government that will be affected by such a project shall reimburse the transportation fund for 50% of the nonfederal share of preliminary engineering costs relating to a Milwaukee east-west transportation corridor project. The department shall deposit any moneys received under this section in the state and local highways account in the transportation fund.".

SB55-ASA1-AA1,704,5 1328. Page 868, line 25: after that line insert:

SB55-ASA1-AA1,704,6 " Section 2311p. 85.103 (6) of the statutes is amended to read:

SB55-ASA1-AA1,704,10 85.103 (6) The department may disclose the personal identifier of any person who has made a designation under sub. (2) or (3) if the department discloses the personal identifier under s. 341.17 (9), 343.234, 343.235, 343.24 (3) and (4), or 343.245 (3m).".

SB55-ASA1-AA1,704,11 1329. Page 868, line 25: after that line insert:

SB55-ASA1-AA1,704,12 " Section 2311g. 85.061 (3) (b) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,704,16 85.061 (3) (b) The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) unless the use of the proceeds is specifically enumerated in a list under par. (c) and state funds are used for not more than 20% of the cost of an enumerated project.

SB55-ASA1-AA1, s. 2311j Section 2311j. 85.061 (3) (c) of the statutes is created to read:

SB55-ASA1-AA1,704,19 85.061 (3) (c) The department may use proceeds from the bond issue authorized under s. 20.866 (2) (up) for the following purposes:

SB55-ASA1-AA1,704,21 1. No purposes enumerated under this subdivision as of the effective date of this subdivision .... [revisor inserts date].".

SB55-ASA1-AA1,704,22 1330. Page 868, line 25: after that line insert:

SB55-ASA1-AA1,704,23 " Section 2311m. 85.09 (4i) of the statutes is amended to read:

SB55-ASA1-AA1,705,9 85.09 (4i) Disposal of rail property. The department shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 16.375 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the public transportation account in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under s. 20.395 (2) (bq).".

SB55-ASA1-AA1,705,10 1331. Page 870, line 22: after that line insert:

SB55-ASA1-AA1,705,11 " Section 2321p. 85.12 (5) of the statutes is created to read:

SB55-ASA1-AA1,705,17 85.12 (5) Beginning with fiscal year 2001-02, from the appropriations under s. 20.395 (5) (dk) of moneys received by the department from the department and under s. 20.395 (5) (dq), the amount provided by the department in any fiscal year for the statewide public safety radio management program under this section may not exceed 50% of the costs of the statewide public safety radio management program or $138,000, whichever is less.".

SB55-ASA1-AA1,705,18 1332. Page 870, line 22: after that line insert:

SB55-ASA1-AA1,705,20 " Section 2321mb. 85.12 (4) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,706,2 85.12 (4) Beginning with fiscal year 2001-02, if the department of transportation provides radio services under this section to the department of natural resources fish, wildlife, parks, and forestry in any fiscal year, the department of natural resources fish, wildlife, parks, and forestry shall make quarterly payments from the appropriation under s. 20.370 (8) (mu) (1) (su) of $111,450 to the department of transportation.

SB55-ASA1-AA1, s. 2321p Section 2321p. 85.19 (1) of the statutes is amended to read:

SB55-ASA1-AA1,706,8 85.19 (1) Standards. The department, in consultation with the department of natural resources environmental management, shall, by rule, establish standards for the control of soil erosion related to highway and bridge construction that is funded in whole or in part with state or federal funds. At a minimum, the standards shall require the use of best management practices.

SB55-ASA1-AA1, s. 2321q Section 2321q. 85.19 (2) (c) of the statutes is amended to read:

SB55-ASA1-AA1,706,12 85.19 (2) (c) The department shall establish the training program in consultation with the department of natural resources environmental management.".

SB55-ASA1-AA1,706,13 1333. Page 873, line 18: after that line insert:

SB55-ASA1-AA1,706,14 " Section 2330g. 85.205 (title) of the statutes is amended to read:

SB55-ASA1-AA1,706,15 85.205 (title) Prohibited expenditures and construction for light rail.

SB55-ASA1-AA1, s. 2330h Section 2330h. 85.205 of the statutes is renumbered 85.205 (1) and amended to read:

SB55-ASA1-AA1,707,10 85.205 (1) Notwithstanding ss. 85.022, 85.062 and 85.063, the department may not encumber or expend any federal funds received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or state funds for any purpose related to a light rail mass transit system. This section Notwithstanding any other provision of ch. 59, 60, 61, 62, or 66, no governing body of any city, village, town, or county and no agency, corporation, instrumentality, or subunit of a city, village, town, or county may enter into a contract for any purpose related to a light rail mass transit system if the cost of any of the contracted items would be paid for by, or reimbursed with, federal funds received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or any funds received from the state. This subsection does not apply to any light rail mass transit system that is being constructed on October 29, 1999. This section subsection does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This section does not apply after June 30, 2001.

SB55-ASA1-AA1, s. 2330j Section 2330j. 85.205 (2) of the statutes is created to read:

SB55-ASA1-AA1,707,16 85.205 (2) A light rail mass transit system may not be constructed in Milwaukee County after the effective date of this subsection .... [revisor inserts date], unless the Milwaukee County board authorizes construction of the light rail mass transit system by resolution and the resolution is ratified by the electors of Milwaukee County at a referendum held at the next general election.".

SB55-ASA1-AA1,707,17 1334. Page 873, line 18: after that line insert:

SB55-ASA1-AA1,707,18 " Section 2330m. 85.21 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,708,9 85.21 (3) (c) To make and execute contracts with counties to ensure the provision of specialized transportation service. Payments under such contracts to eligible applicants shall not exceed the county proportionate share, except as supplemented under par. (e) or (f). A contract under this section shall require the county to make a matching contribution of 20% of the contract amount and to furnish information determined necessary by the department for periodic program monitoring and year-end auditing and evaluation. A contract may permit a county to hold aids received under this section on or after July 2, 1983, in trust, according to rules promulgated by the department, for the exclusive purpose of acquiring or maintaining equipment used for services authorized under this section. All aids held in trust, as well as any accumulated interest, not expended for the authorized purposes, shall be returned to the department for deposit in the public transportation account in the transportation fund. Nothing in this paragraph entitles a county to any investment interest accumulated prior to the time the aid payment is actually received by the county.".

SB55-ASA1-AA1,708,10 1335. Page 875, line 21: after that line insert:

SB55-ASA1-AA1,708,11 " Section 2337d. 85.25 (5) of the statutes is amended to read:

SB55-ASA1-AA1,708,16 85.25 (5) Moral obligation. Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if ever called upon to do so, it shall make an appropriation from the state and local highways account in the transportation fund to meet all demands for funds relating to defaulted mobilization loans and deficiencies under this section.".

SB55-ASA1-AA1,708,17 1336. Page 875, line 21: after that line insert:

SB55-ASA1-AA1,708,18 " Section 2337c. 85.245 (1) of the statutes is renumbered 85.245.

SB55-ASA1-AA1, s. 2337d Section 2337d. 85.245 (2) of the statutes is repealed.

SB55-ASA1-AA1, s. 2337f Section 2337f. 86.255 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,708,23 86.255 (2) (a) The purchase of any land that is acquired as compensatory mitigation for another wetland, as defined in s. 23.32 278.32 (1), that will suffer an adverse impact by degradation or destruction as part of a highway project.".

SB55-ASA1-AA1,708,24 1337. Page 878, line 10: after that line insert:

SB55-ASA1-AA1,709,2 " Section 2340m. 85.52 (3) (cm) of the statutes is renumbered 85.52 (3) (cm) 1. and amended to read:

SB55-ASA1-AA1,709,14 85.52 (3) (cm) 1. The joint committee on finance may transfer moneys, at the request of the department, in amounts not to exceed the amounts necessary to meet the requirements under P.L. 104-59, section 350, from the state and local highways account in the transportation fund to the highway account in the transportation infrastructure loan fund. The department shall submit to the joint committee on finance for its review and approval proposed reductions among the transportation fund appropriations to the department equal to the amount transferred under this paragraph subdivision. The joint committee on finance may approve, disapprove or modify the proposed reductions. Upon approval of the proposed reductions, as may be modified by the committee, an amount equivalent to each approved reduction is lapsed from the appropriation account for each reduced appropriation to the state and local highways account in the transportation fund.

SB55-ASA1-AA1, s. 2340n Section 2340n. 85.52 (3) (cm) 2. of the statutes is created to read:

SB55-ASA1-AA1,710,2 85.52 (3) (cm) 2. The joint committee on finance may transfer moneys, at the request of the department, in amounts not to exceed the amounts necessary to meet the requirements under P.L. 104-59, section 350, from the public transportation account in the transportation fund to the transit account in the transportation infrastructure loan fund. The department shall submit to the joint committee on finance for its review and approval proposed reductions among the transportation fund appropriations to the department equal to the amount transferred under this subdivision. The joint committee on finance may approve, disapprove, or modify the proposed reductions. Upon approval of the proposed reductions, as may be modified by the committee, an amount equivalent to each approved reduction is lapsed from the appropriation account for each reduced appropriation to the public transportation account in the transportation fund.".

SB55-ASA1-AA1,710,3 1338. Page 878, line 23: after that line insert:

SB55-ASA1-AA1,710,4 " Section 2340vg. 86.03 (5m) of the statutes is created to read:

SB55-ASA1-AA1,710,6 86.03 (5m) Trees and other vegetation blocking view of business or sign. (a) In this subsection, "vegetation" means any tree, shrub, hedge, or other foliage.

SB55-ASA1-AA1,710,17 (b) Notwithstanding any other provision of this section, if any vegetation located in a highway right-of-way prevents the operator of a vehicle traveling on a highway at the posted speed limit from viewing for 6 uninterrupted seconds a business premises located adjacent to the highway right-of-way, a sign located on a business premises adjacent to the highway right-of-way that advertises the business to motorists on the adjacent highway, or any sign erected under this chapter or s. 84.30 that is permitted to be located in or adjacent to the highway right-of-way, any person who maintains a majority ownership interest in the business adjacent to the highway right-of-way or who owns a sign identified in this paragraph may trim or remove any obstructing vegetation located in the highway right-of-way if all of the following requirements are met:

SB55-ASA1-AA1,710,18 1. The person obtains a permit from the department under par. (c).

SB55-ASA1-AA1,710,22 2. The person pays for the cost of trimming or removing the obstructing vegetation, including the cost of cleanup and disposal, and for replacing any removed vegetation, including the cost of purchasing and planting the replacement vegetation.

SB55-ASA1-AA1,711,3 3. If the person has removed vegetation, the person replaces the removed vegetation with comparable vegetation along the same highway right-of-way, provided that the person may not locate replacement vegetation in a manner that obstructs, or will obstruct in the foreseeable future, the view from the highway of another existing business or sign identified in this paragraph.