Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,319,3 (5) Cooperating states. The agreement entered into under this section is an accord among cooperating states to further their governmental functions and provides a mechanism among the cooperating states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes that are imposed by each state that is a signatory to the agreement.

SB55-SSA1-SA2,319,7 (6) Limited binding and beneficial effect. (a) The agreement entered into under this section binds, and inures to the benefit of, only the states that are signatories to the agreement. Any benefit that a person may receive from the agreement is established by this state's law and not by the terms of the agreement.

SB55-SSA1-SA2,319,12 (b) No person shall have any cause of action or defense under the agreement or because of the department entering into the agreement. No person may challenge any action or inaction by any department, agency, other instrumentality of this state, or any political subdivision of this state on the ground that the action or inaction is inconsistent with the agreement.

SB55-SSA1-SA2,319,15 (c) No law of this state, or the application of such law, may be declared invalid on the ground that the law, or the application of such law, is inconsistent with the agreement.

SB55-SSA1-SA2,319,18 (7) Relationship to state law. No provision of the agreement in whole or in part invalidates or amends any law of this state and the state becoming a signatory to the agreement shall not amend or modify any law of this state.".

SB55-SSA1-SA2,319,19 977. Page 847, line 15: after that line insert:

SB55-SSA1-SA2,319,20 " Section 2246md. 77.54 (46) of the statutes is created to read:

SB55-SSA1-SA2,319,24 77.54 (46) The gross receipts from the sale of and the storage, use, or other consumption of water slides, including support structures, attachments, and parts for water slides, but excluding underground piping, foundations, and wholly or partially underground pools that are additions or improvements to real property.".

SB55-SSA1-SA2,320,1 978. Page 847, line 15: after that line insert:

SB55-SSA1-SA2,320,2 " Section 2246s. 77.54 (46) of the statutes is created to read:

SB55-SSA1-SA2,320,5 77.54 (46) The gross receipts from the sale of and the storage, use, or other consumption of digital broadcasting equipment purchased and used by a radio or television station.

SB55-SSA1-SA2, s. 2246v Section 2246v. 77.65 of the statutes is created to read:

SB55-SSA1-SA2,320,8 77.65 Onetime rebate of sales tax paid for digital broadcasting equipment. (1) Definitions. In this section:

SB55-SSA1-SA2,320,10 (a) "Claimant" means a sole proprietorship, a partnership, a limited liability company, or a corporation that files a claim under this section.

SB55-SSA1-SA2,320,11 (b) "Department" means the department of revenue.

SB55-SSA1-SA2,320,18 (2) Claims. A claimant may claim a rebate under this section in an amount equal to the amount of the tax imposed under s. 77.52 or 77.53 that the claimant paid beginning on July 1, 2001, and ending on June 30, 2003, on the purchase of digital broadcasting equipment that the claimant uses in the operation of a radio or television station. The claimant shall claim the rebate on a form prescribed by the department and shall submit the form to the department no earlier than July 1, 2003, and no later than November 1, 2003.

SB55-SSA1-SA2,320,22 (3) Payment. The department shall certify the amount of the rebate for which the claimant is eligible to the department of administration for payment to the claimant by check, share draft, or other draft paid from the appropriation under s. 20.835 (2) (an) no later than November 30, 2003.

SB55-SSA1-SA2,321,3 (4) Limitation. If a claimant who is eligible to claim a rebate under this section does not submit a claim to the department, as provided under sub. (2), by November 1, 2003, the claimant's right to the rebate lapses.

SB55-SSA1-SA2,321,4 (5) Sunset. This section does not apply after November 30, 2003.".

SB55-SSA1-SA2,321,5 979. Page 849, line 13: delete "and (3g),".

SB55-SSA1-SA2,321,7 980. Page 850, line 2: delete the material beginning with that line and ending on page 851, line 15.

SB55-SSA1-SA2,321,8 981. Page 852, line 11: after that line insert:

SB55-SSA1-SA2,321,9 " Section 2258d. 79.01 (1) of the statutes is amended to read:

SB55-SSA1-SA2,321,15 79.01 (1) There is established an account in the general fund entitled the "Expenditure Restraint Program Account". Account." There shall be appropriated to that account $25,000,000 in 1991, in 1992, and in 1993,; $42,000,000 in 1994,; $48,000,000 in each year beginning in 1995 and ending in 1999 and; $57,000,000 in the year 2000 and in the year 2001; $57,570,000 in 2002; and $58,145,700 in 2003 and in each year thereafter.

SB55-SSA1-SA2, s. 2280m Section 2280m. 79.03 (3c) (f) of the statutes is amended to read:

SB55-SSA1-SA2,321,22 79.03 (3c) (f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999 and; $11,000,000 in the year 2000 and in the year 2001; $11,110,000 in 2002; and $11,221,100 in 2003 and in each year thereafter.

SB55-SSA1-SA2, s. 2281d Section 2281d. 79.03 (4) of the statutes is amended to read:

SB55-SSA1-SA2,322,14 79.03 (4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04 , and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. In Beginning in 1995 and subsequent years ending in 2001, the total amounts to be distributed under ss. 79.03, 79.04 and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $769,092,800 to municipalities and $170,671,600 to counties. In 2003 and subsequent years, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $776,783,700 to municipalities and $172,378,300 to counties.

SB55-SSA1-SA2, s. 2281e Section 2281e. 79.03 (5) of the statutes is created to read:

SB55-SSA1-SA2,322,20 79.03 (5) (a) In 2002 and 2003, each municipality shall receive a shared revenue payment under this section that is equal to the amount of the payment it received in the previous year, multiplied by 101%. In 2004 and in subsequent years, each municipality shall receive a shared revenue payment under this section that is equal to the amount of the payment it received in 2003.

SB55-SSA1-SA2,323,2 (b) The department of revenue shall use the population amounts it used to determine the November 2000, shared revenue payments to municipalities to calculate corrections to such payments in 2001, as provided under s. 79.08. The department of revenue shall use the population amounts it used to estimate payments under s. 79.015 in September 2000, to calculate actual and corrected 2001 shared revenue payments to municipalities.".

SB55-SSA1-SA2,323,3 982. Page 854, line 3: after that line insert:

SB55-SSA1-SA2,323,4 " Section 2285d. 79.058 (3) (c) of the statutes is amended to read:

SB55-SSA1-SA2,323,5 79.058 (3) (c) In the year 2000 and subsequent years in 2001, $20,763,800.

SB55-SSA1-SA2, s. 2285e Section 2285e. 79.058 (3) (d) of the statutes is created to read:

SB55-SSA1-SA2,323,7 79.058 (3) (d) In 2002, $20,971,400.

SB55-SSA1-SA2, s. 2285f Section 2285f. 79.085 (3) (e) of the statutes is created to read:

SB55-SSA1-SA2,323,9 79.085 (3) (e) In 2003 and subsequent years, $21,181,100.".

SB55-SSA1-SA2,323,10 983. Page 854, line 3: after that line insert:

SB55-SSA1-SA2,323,11 " Section 2285m. 79.05 (2) (c) of the statutes is amended to read:

SB55-SSA1-SA2,323,19 79.05 (2) (c) Its municipal budget,; exclusive of principal and interest on long-term debt and exclusive of payments of the revenue sharing payments under s. 66.0305 and recycling fee payments under s. 289.645,; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6),; exclusive of principal and interest on long-term debt and exclusive of payments of the revenue sharing payments under s. 66.0305 and recycling fee payments under s. 289.645,; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10%.".

SB55-SSA1-SA2,323,20 984. Page 858, line 25: after that line insert:

SB55-SSA1-SA2,323,21 " Section 2302k. 84.013 (6g) of the statutes is created to read:

SB55-SSA1-SA2,324,8 84.013 (6g) Notwithstanding s. 13.489 (1m) the department shall conduct a study of the STH 11/USH 14 transportation corridor between Janesville and I 43 in Rock and Walworth counties to evaluate alternatives to improve the capacity and safety of transportation in the corridor. The department shall consult with local units of government to determine the design and methodology of the study, and shall cooperate with the city of Janesville and the counties of Rock and Walworth in completing the study. If the department concludes after the study that improvements in the corridor require construction of a major highway project on STH 11 and USH 14, the department shall include the project in its report submitted to the transportation projects commission under s. 13.489 (2) no later than September 15, 2004, for review by the commission under s. 13.489 (4).".

SB55-SSA1-SA2,324,9 985. Page 861, line 17: after that line insert:

SB55-SSA1-SA2,324,13 "(7g) The Marquette interchange reconstruction project shall include an exit at the intersection of Plankinton Avenue and I 794. Notwithstanding ss. 84.29 (6) and 84.295 (7), the department shall keep an exit at Plankinton Avenue open for travel during the Marquette interchange reconstruction project.

SB55-SSA1-SA2,324,15 (7m) Construction work on the Marquette interchange reconstruction project shall be performed on a 24-hour basis.

SB55-SSA1-SA2,324,22 (7r) Notwithstanding ss. 84.01 (13), 84.06 (2) (a), and 84.075 (1), in the use of any state funds for the Marquette interchange reconstruction project, the department shall attempt to ensure that 5% of the total amount expended in each fiscal year is paid to minority businesses certified by the department of commerce under s. 560.036 (2). In attempting to meet this goal, the department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the low bid.".

SB55-SSA1-SA2,324,23 986. Page 865, line 20: after that line insert:

SB55-SSA1-SA2,324,24 " Section 2307g. 84.076 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,325,9 84.076 (2) (a) The secretary shall administer a demonstration and training program for the purpose of developing the capability of disadvantaged businesses to participate in construction projects funded under s. 20.395 (3) (bq), (bv), (bx), (cq), (cv), (cx), (eq), (ev), and (ex). From the amounts appropriated under those paragraphs, the secretary shall allocate $4,000,000 each fiscal year for the awarding of contracts under this section. The secretary shall attempt to ensure that 75% of the amount so allocated each fiscal year is for the awarding of contracts under this section to minority businesses. The secretary may award 100% of the amount so allocated each fiscal year to one disadvantaged business.

SB55-SSA1-SA2, s. 2307gm Section 2307gm. 84.077 of the statutes is created to read:

SB55-SSA1-SA2,325,14 84.077 Small business demonstration and training program. (1) In this section, "small business" means a business whose average gross receipts over the previous 3 years is $4,500,000 or less, if the person or persons owning the business have a net worth of $750,000 or less.

SB55-SSA1-SA2,326,2 (2) (a) The secretary shall administer a demonstration and training program for the purpose of developing the capability of small businesses to participate in construction projects funded under s. 20.395 (2) (dq), (dv), (dx), (fq), (fv), and (fx) and (3) (bq), (bv), (bx), (cq), (cv), (cx), (eq), (ev), and (ex). From the amounts appropriated under those paragraphs, the secretary shall allocate $25,000,000 each fiscal year for the awarding of contracts under this section. The estimated cost of contracts funded from the allocation under this section shall be between $50,000 and $750,000. The secretary may award a contract from the amount allocated to a joint venture that includes a small business. In deciding which contracts to award from the amount allocated each fiscal year, the department shall consult with representatives of the transportation contracting industry, including businesses owned by minorities and women.

SB55-SSA1-SA2,326,5 (b) The secretary shall establish requirements for programs of preapprenticeship training and management and technical assistance designed to develop the expertise of small businesses in transportation construction.".

SB55-SSA1-SA2,326,6 987. Page 865, line 20: after that line insert:

SB55-SSA1-SA2,326,7 " Section 2307h. 84.075 (1) of the statutes is amended to read:

SB55-SSA1-SA2,326,16 84.075 (1) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department of transportation shall attempt to ensure that 5% of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors which are minority businesses, as defined under s. 560.036 (1) (e) 1 that are minority businesses certified by the department of commerce under s. 560.036 (2). In attempting to meet this goal, the department of transportation may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the low bid.

SB55-SSA1-SA2, s. 2307i Section 2307i. 84.075 (2) of the statutes is amended to read:

SB55-SSA1-SA2,326,20 84.075 (2) The contractor shall report to the department of transportation any amount of the contract paid to subcontractors and vendors which that are minority businesses certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2307j Section 2307j. 84.075 (3) of the statutes is amended to read:

SB55-SSA1-SA2,327,5 84.075 (3) The department of transportation shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors which that are minority businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses in connection with proposed purchases and contracts. In its reports, the department of transportation shall include only amounts paid to businesses certified by the department of commerce under s. 560.036 (2) as minority businesses.

SB55-SSA1-SA2, s. 2307jk Section 2307jk. 84.076 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,327,9 84.076 (1) (c) "Minority business" has the meaning given under s. 560.036 (1) (e) 1 means a business that is certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-SA2,327,10 988. Page 865, line 20: after that line insert:

SB55-SSA1-SA2,327,11 " Section 2307c. 84.06 (2) (a) of the statutes is amended to read:

SB55-SSA1-SA2,328,7 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. ss. 84.014 (7r) and 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 , and 16.89, but ss. 16.528, 16.752, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.".

SB55-SSA1-SA2,328,8 989. Page 868, line 25: after that line insert:

SB55-SSA1-SA2,328,9 " Section 2311m. 85.07 (9) of the statutes is created to read:

SB55-SSA1-SA2,328,12 85.07 (9) Highway safety and motor vehicle contacts; analysis of information; annual report. (a) In this subsection, "motor vehicle contact" has the meaning given in s. 165.842 (1) (d).

SB55-SSA1-SA2,328,16 (b) Annually the department shall analyze the information forwarded to the department under s. 165.842 (4) (c) by the department of justice concerning motor vehicle contacts made during the previous year by law enforcement agencies to determine, along with any other relevant information, all of the following:

SB55-SSA1-SA2,328,18 1. The effects, if any, of motor vehicle contacts on state and local traffic law enforcement.

SB55-SSA1-SA2,328,20 2. Whether certain motor vehicle driving patterns and driver behavior have contributed to the frequency of motor vehicle accidents, injuries, and death.

SB55-SSA1-SA2,328,22 3. Specific enforcement strategies that may promote highway safety, including the selection of specified areas for increased traffic law enforcement.

SB55-SSA1-SA2,328,24 4. Other activities that may promote highway safety, such as highway redesigning, increased signage, and modifying any existing speed limits.

SB55-SSA1-SA2,329,6 (c) For each year, the department shall prepare an annual report that summarizes the analysis of the information under par. (b) and that describes the methods and conclusions of its analysis of the information. On or before June 30, 2003, and on or before each June 30 thereafter, the department shall submit the annual report required under this subsection to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.".

SB55-SSA1-SA2,329,7 990. Page 868, line 25: delete that line.

SB55-SSA1-SA2,329,8 991. Page 870, line 13: delete lines 13 to 16.

SB55-SSA1-SA2,329,9 992. Page 871, line 11: delete "$56,811,800" and substitute "$57,368,700".

SB55-SSA1-SA2,329,10 993. Page 872, line 4: delete "$15,166,900" and substitute "$15,315,600".

SB55-SSA1-SA2,329,11 994. Page 872, line 24: delete "$21,008,300" and substitute "$21,214,300".

SB55-SSA1-SA2,329,12 995. Page 873, line 16: delete "$5,674,400" and substitute "$5,730,000".

SB55-SSA1-SA2,329,13 996. Page 878, line 10: after that line insert:

SB55-SSA1-SA2,329,14 " Section 2340q. 85.53 (3) of the statutes is amended to read:

SB55-SSA1-SA2,329,17 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-SA2,329,18 997. Page 878, line 23: after that line insert:

SB55-SSA1-SA2,329,19 " Section 2340vg. 86.03 (5m) of the statutes is created to read:

SB55-SSA1-SA2,329,21 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-SA2,330,9 (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 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: