Amendment AA1-ASA1-SB55

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.

SB55-ASA1-AA1,711,8 (c) The department shall issue permits to eligible applicants for the trimming or removal of vegetation located in a highway right-of-way under par. (b). Any permit issued under this paragraph shall specify the vegetation or the portion of the highway right-of-way to which the permit applies. The department shall grant or deny an application for a permit within 30 days of receipt of the application.".

SB55-ASA1-AA1,711,9 1339. Page 878, line 24: delete that line.

SB55-ASA1-AA1,711,10 1340. Page 879, line 1: delete lines 1 to 6 and substitute:

SB55-ASA1-AA1,711,11 " Section 2340y. 86.193 of the statutes is created to read:

SB55-ASA1-AA1,711,14 86.193 Agricultural tourism signs. (1) In this section, "agricultural tourism facility" means a facility located in this state that is open to the public at least 4 days a week for a minimum of 3 months and which does any of the following:

SB55-ASA1-AA1,711,15 (a) Markets Wisconsin farm products.

SB55-ASA1-AA1,711,17 (b) Processes and markets agricultural products, of which at least 50% are grown and produced in this state.

SB55-ASA1-AA1,711,19 (c) Promotes tourism by providing tours and on-site sales or samples of Wisconsin agricultural products.

SB55-ASA1-AA1,711,23 (2) The department shall develop and, no later than March 1, 2002, implement a plan, consistent with federal and state laws, to promote and maximize the erection of agricultural tourism signs on highways in this state to identify and provide directional information to any agricultural tourism facility.

SB55-ASA1-AA1,712,3 (3) (a) Except as provided in par. (b), the department may assess and collect from an agricultural tourism facility the actual costs of erection of any agricultural tourism sign that identifies and provides directional information to the facility.

SB55-ASA1-AA1,712,9 (b) A local authority shall permit erection of a trailblazer sign that identifies and provides directional information to an agricultural tourism facility on a highway under the jurisdiction of the local authority if the facility is located more than 5 miles from the highway and the local authority assesses and collects from the facility the actual costs of erection of the trailblazer sign. The department shall promulgate rules defining "trailblazer sign" for purposes of this paragraph.

SB55-ASA1-AA1,712,11 (4) In developing and implementing the plan under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection.".

SB55-ASA1-AA1,712,12 1341. Page 879, line 6: after that line insert:

SB55-ASA1-AA1,712,13 " Section 2340zg. 86.21 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,713,15 86.21 (2) (a) Before any such toll bridge is constructed or acquired under this section, a resolution authorizing the construction or acquisition thereof, and specifying the method of payment therefor, shall be adopted by a majority of the members of the governing body of such county, town, village or city at a regular meeting, after publication of said resolution, as a class 2 notice, under ch. 985. The resolution shall include a general description of the property it is proposed to acquire or construct. Any county, town, village or city constructing or acquiring a toll bridge under this section may provide for the payment of the same or any part thereof from the general fund, from taxation, or from the proceeds of either municipal bonds, revenue bonds or as otherwise provided by law. Such resolution shall not be effective until 15 days after its passage and publication. If within said 15 days a petition conforming to the requirements of s. 8.40 is filed with the clerk of such municipality, and filed as provided in s. 8.37, signed by at least 20% of the electors thereof requesting that the question of acquiring such toll bridge be submitted to the said electors, such question shall be submitted at any general or regular municipal the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that is held not sooner than 42 days from the date of filing such petition. In case no such general or regular municipal election is to be held within such stated period, then the governing body of such municipality shall order a special election to be held within 30 days from the filing of such petition upon the question of whether such toll bridge shall be acquired by said municipality. The question submitted to the electors shall specify the method of payment for such toll bridge as provided in the resolution for the acquisition thereof. If no such petition is filed, or if the majority of votes cast at such referendum election are in favor of the acquisition of such toll bridge, then the resolution of the governing body for the acquisition of such toll bridge shall be in effect.".

SB55-ASA1-AA1,713,16 1342. Page 881, line 4: after that line insert:

SB55-ASA1-AA1,713,17 " Section 2348g. 88.01 (8m) of the statutes is repealed.

SB55-ASA1-AA1, s. 2348r Section 2348r. 88.11 (1) (f) of the statutes is amended to read:

SB55-ASA1-AA1,713,20 88.11 (1) (f) Assist districts in applying for permits under s. 88.31 chs. 30 and 31.".

SB55-ASA1-AA1,713,21 1343. Page 881, line 4: after that line insert:

SB55-ASA1-AA1,713,22 " Section 2349c. 86.315 (1) of the statutes is amended to read:

SB55-ASA1-AA1,714,8 86.315 (1) From the appropriation under s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s. 86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources fish, wildlife, parks, and forestry. If the amount appropriated under s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.

SB55-ASA1-AA1, s. 2349g Section 2349g. 87.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,714,11 87.01 (1) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2349n Section 2349n. 87.02 (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,714,14 87.02 Powers of department. (intro.) To accomplish the purposes of ss. 87.01 to 87.17, the department of natural resources is hereby authorized and empowered:

SB55-ASA1-AA1, s. 2349r Section 2349r. 87.14 of the statutes is amended to read:

SB55-ASA1-AA1,715,12 87.14 Operation and maintenance. The flood control board is authorized to sell, lease, or lease with power to purchase, any reservoir proposed to be constructed, in the process of construction or completed, to a duly organized river improvement company as defined by s. 182.016, on such terms and conditions as are approved by the department of natural resources as hereinafter provided. Unless so leased or sold it shall be the duty of the flood control board to maintain and operate said improvement. The cost of operation and maintenance during the period intervening between the completion of said improvement and the date when funds provided under this section become available shall be paid from the funds provided for maintenance pursuant to the estimate made by the department as provided in s. 87.07 (3). Prior to the first day of November in each year the flood control board shall certify to the clerk of each town, village and city in which lands to be benefited by the improvement are located an estimated budget, detailed as far as practicable, of the cost of operation and maintenance of said improvement for the succeeding calendar year, together with the amount due upon any judgments outstanding against the board, except those judgments from which the board has appealed or intends to appeal, and shall certify at the same time the portion of such cost to be borne by each such town, village and city. This shall be determined in the same manner and according to the same proportions as provided in s. 87.10 (1) (c). It shall thereupon become the duty of each such town, village and city to include in its next succeeding tax levy the amount so certified and to forward such amount, on or before March 15 following, to the flood control board.

SB55-ASA1-AA1, s. 2349w Section 2349w. 87.18 of the statutes is amended to read:

SB55-ASA1-AA1,716,14 87.18 Lease, sale and lease with option to purchase the project. Whenever the flood control project consists of a storage reservoir and authority to create, operate and maintain a reservoir on the river affected by such storage reservoir is vested in a duly organized river improvement company as defined by s. 182.016, and the petitioners file with the department of natural resources a petition and a proposed contract with such improvement company for a lease, sale, or lease with option to purchase said reservoir, and the department finds the terms and conditions of such contract are sufficient to assure the payment of the amount the board will be obligated to pay for the cost of the reservoir and the maintenance and operation of the same, and the project will secure effective flood control and promotion of the public welfare, then notices, proceedings and assessments provided by ss. 87.04 to 87.12 are not required. The department, however, shall make findings as required by s. 87.05 and shall order that the flood control board be appointed and shall so certify to the governor as provided by s. 87.12. The governor shall thereupon appoint the board as provided in said s. 87.12. The proposed contract filed with the department by petitioners for the sale, lease, or lease with option to purchase said reservoir property shall not be binding upon the board so appointed unless the board approves such contract. Upon approval the board shall so report to the department and file with it a final contract executed by the board and lessee or purchaser. The department has authority to approve or disapprove such contract. If the department approves such contract, then it shall be final and the department shall thereupon order the board to proceed with the work. When such reservoir property is sold and the purchase price has been fully paid and any indebtedness assumed by the purchaser has been paid and discharged, including the fees and expenses of the board, and the department so finds, the said board shall thereupon be dissolved by order of the department.

SB55-ASA1-AA1, s. 2350e Section 2350e. 88.05 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,716,21 88.05 (4) (a) The chairperson of the county highway committee except in a county with a highway commissioner appointed under s. 83.01 (1) (c), the highway commissioner; the chairperson of the county land conservation committee in the county involved; the secretary of natural resources environmental management; the state drainage engineer; and, where a railroad company is involved, the person specified in sub. (6).

SB55-ASA1-AA1, s. 2350v Section 2350v. 88.11 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,716,24 88.11 (1) (e) Coordinate district activities with the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2351c Section 2351c. 88.11 (1) (i) of the statutes is amended to read:

SB55-ASA1-AA1,717,5 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 environmental management under s. 88.31.

SB55-ASA1-AA1, s. 2351e Section 2351e. 88.11 (2) of the statutes is amended to read:

SB55-ASA1-AA1,717,10 88.11 (2) The state drainage engineer shall provide technical assistance to improve district operations on the request of the department of natural resources environmental management, drainage board, landowners in the district or the judge.".

SB55-ASA1-AA1,717,11 1344. Page 881, line 10: after that line insert:

SB55-ASA1-AA1,717,12 " Section 2353b. 88.31 (title) of the statutes is amended to read:

SB55-ASA1-AA1,717,14 88.31 (title) Special procedure in cases affecting Drainage work in navigable waters.

SB55-ASA1-AA1, s. 2353e Section 2353e. 88.31 (1) to (7m) of the statutes are repealed.