Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,455,20 (6) Reciprocal certification agreements. Notwithstanding sub. (2) (a), the department may enter into a reciprocal agreement with any other state establishing a joint unified certification program that strictly conforms to 49 CFR 26. The agreement may authorize the other state to certify as a disadvantaged business any business that is based in this state, or may authorize the department to certify as a disadvantaged business any business based in that other state.

SB55-SSA1-CA1,455,24 (7) Certification appeals and complaints. (a) Any business whose application for certification is denied, or is not reviewed within the time limits prescribed in sub. (2) (a), or whose certification is removed, may appeal that action as provided in 49 CFR 26.89 to the department.

SB55-SSA1-CA1,456,7 (b) Any person may file with the department a signed, written complaint that a business that a certifying authority has certified under this section is not eligible for such certification. The department shall investigate complaints that it finds are supported by credible evidence. If, upon investigation, the department finds reasonable cause to believe that a business is not eligible for certification, the department shall notify the business of its findings in writing and shall proceed in the manner provided under 49 CFR 26.87.

SB55-SSA1-CA1,456,11 (8) Applicability. This section does not apply if federal law does not require, as a condition of using federal funds, this state to establish goals for the participation of disadvantaged businesses or the employment of disadvantaged individuals in projects using federal funds.

SB55-SSA1-CA1, s. 2307de Section 2307de. 84.076 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,456,17 84.076 (1) (a) "Disadvantaged individual" means a minority group member, a woman or any other individual found by the department to be socially and economically disadvantaged by the department as provided within the meaning given in 49 CFR 23.62 26.5, unless successfully challenged as provided in 49 CFR 23.69 26.89.

SB55-SSA1-CA1, s. 2307dg Section 2307dg. 84.076 (1) (b) (intro.) of the statutes is renumbered 84.076 (1) (b) and amended to read:

SB55-SSA1-CA1,456,23 84.076 (1) (b) "Disadvantaged business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements, as certified by the department: has the meaning given in s. 84.072 (1) (b).

SB55-SSA1-CA1, s. 2307dh Section 2307dh. 84.076 (1) (b) 1., 2. and 3. of the statutes are repealed.

SB55-SSA1-CA1, s. 2307dj Section 2307dj. 84.076 (3) (intro.) and (a) of the statutes are consolidated, renumbered 84.076 (3) and amended to read:

SB55-SSA1-CA1,457,11 84.076 (3) Bids, contracts. Section 84.06 (2) applies to bids and contracts under this section, except that the secretary shall reject low bids that do not satisfy the requirements under sub. (4). The secretary shall establish a list of disadvantaged businesses that are eligible to submit bids for contracts awarded under this section and subcontractors who meet the requirements under sub. (4) (b). Each bid submitted under this section shall include the agreement specified under sub. (4) and all of the following conditions: (a) A, as a condition, a goal that at least 25% of the total number of workers in all construction trades employed on the project will be disadvantaged individuals.

SB55-SSA1-CA1, s. 2307dk Section 2307dk. 84.076 (3) (b) of the statutes is repealed.

SB55-SSA1-CA1, s. 2307dm Section 2307dm. 84.076 (4) (b) of the statutes is amended to read:

SB55-SSA1-CA1,457,23 84.076 (4) (b) Obtain from a subcontractor that has experience in providing training to disadvantaged individuals a program of preapprenticeship training that satisfies the requirements established by the secretary under sub. (2) (b), and assure that the subcontractor has experience in providing a program of management and technical assistance to disadvantaged business contractors, and that the subcontractor's management and technical assistance program satisfies the requirements established by the secretary under sub. (2) (b) and includes all of the requirements of par. (a) 2. A subcontractor under this paragraph need not be a disadvantaged business, but if the subcontractor is not a disadvantaged business, it may not be included within the goal established under sub. (3) (b).".

SB55-SSA1-CA1,457,24 1116. Page 865, line 20: after that line insert:

SB55-SSA1-CA1,458,1 " Section 2307g. 84.06 (1) of the statutes is amended to read:

SB55-SSA1-CA1,458,9 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-SSA1-CA1, s. 2307h Section 2307h. 84.07 (1) of the statutes is amended to read:

SB55-SSA1-CA1,459,8 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 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 county or municipality, and any 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. The department may contract with a private entity for services or materials or both associated with the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.".

SB55-SSA1-CA1,459,9 1117. Page 865, line 20: after that line insert:

SB55-SSA1-CA1,459,10 " Section 2307cf. 84.09 (9) of the statutes is created to read:

SB55-SSA1-CA1,459,12 84.09 (9) Subsections (5), (5m), and (6) do not apply to residual state property subject to s. 20.9145.

SB55-SSA1-CA1, s. 2307cg Section 2307cg. 84.09 (9) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.".

SB55-SSA1-CA1,459,15 1118. Page 866, line 2: after that line insert:

SB55-SSA1-CA1,459,16 " Section 2307m. 84.1040 of the statutes is created to read:

SB55-SSA1-CA1,459,23 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-SSA1-CA1,460,7 (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-SSA1-CA1,460,8 1119. Page 868, line 2: after that line insert:

SB55-SSA1-CA1,460,10 " Section 2308r. 84.30 (10m) of the statutes is renumbered 84.30 (10m) (intro.) and amended to read:

SB55-SSA1-CA1,460,16 84.30 (10m) Annual permit fee requirement. (intro.) 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-SSA1-CA1, s. 2308s Section 2308s. 84.30 (10m) (a) and (b) of the statutes are created to read:

SB55-SSA1-CA1,460,19 84.30 (10m) (a) An off-premises advertising sign that is owned by a religious organization.

SB55-SSA1-CA1,460,21 (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-SSA1-CA1,460,22 1120. Page 868, line 2: after that line insert:

SB55-SSA1-CA1,460,23 " Section 2308p. 84.28 (1) of the statutes is amended to read:

SB55-SSA1-CA1,462,3 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) 20.375 (3) (b) 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 , other than a southern state forest. 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 or any southern state forest, in the lower Wisconsin state riverway, as defined in s. 30.40 (15), or on other property under the jurisdiction of the department of natural resources. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or other property under the jurisdiction of the department of natural resources, 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 certifies are utilized by a substantial number of visitors to these state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures from the appropriation under s. 20.370 (7) (mc) under this subsection. The department of natural resources shall rank projects eligible for assistance funding from the appropriation under s. 20.370 (7) (mc) under a priority system and funding may be restricted to those projects with highest priority. Outside the boundaries of the state forests under the jurisdiction of the department of forestry, moneys from the appropriation under s. 20.375 (3) (b) may be expended for the renovation, marking, and maintenance of roads which the department of forestry certifies are utilized by a substantial number of visitors to these state forests. The department of forestry shall authorize expenditures from the appropriation under s. 20.375 (3) (b) under this subsection. The department of forestry shall rank projects eligible for funding from the appropriation under s. 20.375 (3) (b) under a priority system and funding may be restricted to those projects with the highest priority.

SB55-SSA1-CA1, s. 2308s Section 2308s. 84.28 (2) of the statutes is amended to read:

SB55-SSA1-CA1,463,4 84.28 (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 Wisconsin 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 or the department of 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 of transportation, upon the request for such work filed by the department of natural resources having jurisdiction as to the lower Wisconsin 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 Wisconsin 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 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, department of forestry, commissioners of public lands or town board, as appropriate.".

SB55-SSA1-CA1,463,5 1121. Page 868, line 24: after that line insert:

SB55-SSA1-CA1,463,6 " Section 2310m. 85.027 of the statutes is created to read:

SB55-SSA1-CA1,463,7 85.027 Highway corridor planning grant program. (1) In this section:

SB55-SSA1-CA1,463,11 (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-SSA1-CA1,463,14 (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-SSA1-CA1,463,19 (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-SSA1-CA1,463,20 1122. Page 869, line 1: before that line insert:

SB55-SSA1-CA1,463,22 " Section 2311g. 85.061 (3) (b) of the statutes is renumbered 85.061 (3) (b) 1. and amended to read:

SB55-SSA1-CA1,464,4 85.061 (3) (b) 1. The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) unless the joint committee on finance approves the use of the proceeds and, with state funds are used for not more than 20% of the cost of the project. This subdivision does not apply to the use of any bond proceeds approved by the joint committee on finance before the effective date of this subdivision .... [revisor inserts date].

SB55-SSA1-CA1,464,8 2. With respect to a route under par. (a) 1. or 2., the department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) unless the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that route.

SB55-SSA1-CA1,464,10 (c) The department may contract with Amtrak, railroads or other persons to perform the activities under the program.".

SB55-SSA1-CA1,464,11 1123. Page 868, line 25: delete that line.

SB55-SSA1-CA1,464,12 1124. Page 870, line 22: after that line insert:

SB55-SSA1-CA1,464,13 " Section 2321p. 85.12 (5) of the statutes is created to read:

SB55-SSA1-CA1,464,19 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-SSA1-CA1,464,20 1125. Page 873, line 18: after that line insert:

SB55-SSA1-CA1,464,21 " Section 2330g. 85.205 (title) of the statutes is amended to read:

SB55-SSA1-CA1,464,22 85.205 (title) Prohibited expenditures and construction for light rail.

SB55-SSA1-CA1, s. 2330h Section 2330h. 85.205 of the statutes is renumbered 85.205 (1) and amended to read:

SB55-SSA1-CA1,465,13 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 on or after the effective date of this subsection .... [revisor inserts date]. 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 subsection does not apply after June 30, 2001 2002.

SB55-SSA1-CA1, s. 2330j Section 2330j. 85.205 (2) of the statutes is created to read:

SB55-SSA1-CA1,465,19 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-SSA1-CA1,465,20 1126. Page 878, line 10: after that line insert:

SB55-SSA1-CA1,465,21 " Section 2340q. 85.53 (3) of the statutes is amended to read:

SB55-SSA1-CA1,465,24 85.53 (3) Grants under this section shall be paid from the appropriations under s. 20.395 (5) (jr) and (jt). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program.".

SB55-SSA1-CA1,466,1 1127. Page 878, line 23: after that line insert:

SB55-SSA1-CA1,466,2 " Section 2340vg. 86.03 (5m) of the statutes is created to read:

SB55-SSA1-CA1,466,4 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-SSA1-CA1,466,16 (b) Notwithstanding any other provision of this section, if any vegetation located in the right-of-way of any highway under the jurisdiction of the department 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 in any business advertised on 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-SSA1-CA1,466,17 1. The person obtains a permit from the department under par. (c).

SB55-SSA1-CA1,466,21 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-SSA1-CA1,467,2 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-SSA1-CA1,467,4 4. No state funds are expended for the trimming, removal, or replacement of vegetation under this paragraph.

SB55-SSA1-CA1,467,6 5. With respect to a sign identified in this paragraph, the owner of the land on which the sign is erected does not object to the trimming or removal of vegetation.

SB55-SSA1-CA1,467,11 (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-SSA1-CA1,467,12 1128. Page 878, line 24: delete that line.

SB55-SSA1-CA1,467,13 1129. Page 879, line 1: delete lines 1 to 6 and substitute:

SB55-SSA1-CA1,467,14 " Section 2340y. 86.193 of the statutes is created to read:

SB55-SSA1-CA1,467,17 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-SSA1-CA1,467,18 (a) Markets Wisconsin farm products.

SB55-SSA1-CA1,467,20 (b) Processes and markets agricultural products, of which at least 50% are grown and produced in this state.

SB55-SSA1-CA1,467,22 (c) Promotes tourism by providing tours and on-site sales or samples of Wisconsin agricultural products.

SB55-SSA1-CA1,468,2 (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-SSA1-CA1,468,5 (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-SSA1-CA1,468,11 (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-SSA1-CA1,468,13 (4) In developing and implementing the plan under sub. (2), the department shall consult with the department of agriculture, trade and consumer protection.".

SB55-SSA1-CA1,468,14 1130. Page 879, line 12: delete "$1,790" and substitute "$1,825".

SB55-SSA1-CA1,468,15 1131. Page 879, line 19: delete "$88,312,900" and substitute "$90,044,600".

SB55-SSA1-CA1,468,16 1132. Page 880, line 1: delete "$277,843,200" and substitute "$283,291,100".

SB55-SSA1-CA1,468,17 1133. Page 880, line 3: after that line insert:

SB55-SSA1-CA1,468,18 " Section 2345m. 86.30 (10c) of the statutes is created to read: