Amendment SSA1-SB44

SB44-SSA1,714,8 2. A person who is eligible for a credit under subd. 1. but whose property tax bill does not reflect the credit may claim the credit by applying to the treasurer of the taxation district in which the property is located for the credit by January 31 following the issuance of the person's property tax bill. Claims made after January 31, but no later than October 1 following the issuance of the person's property tax bill, shall be made to the department of revenue. Paragraph (bm), as it applies to processing claims made under that paragraph, applies to processing claims made under this subdivision, except that a claim that is made under this subdivision is valid for the year in which the person took possession of the transferred property under subd. 1.

SB44-SSA1, s. 1670dt Section 1670dt. 79.10 (10) (f) of the statutes is created to read:

SB44-SSA1,714,16 79.10 (10) (f) 1. Each county and city that administers the credit under sub. (9) (bm) shall implement a procedure to periodically verify the eligibility of properties for which a credit is claimed. In 2004, and every 5th year thereafter, each county and city that administers the credit under sub. (9) (bm) shall file a report with the department of revenue, in the manner and at the time prescribed by the department of revenue, that describes the procedures that the county or city uses to verify the credits claimed under this subsection and evaluates the efficacy of such procedures.

SB44-SSA1,714,22 2. On or before January 31, 2005, and every 5th year thereafter, the department of revenue shall submit a report to the joint committee on finance that summarizes the procedures described in the reports filed under subd. 1. A report submitted under this subdivision shall include a recommendation as to whether the process for certifying credits claimed under this subsection should continue unchanged or be modified to increase compliance with the constitution.

SB44-SSA1, s. 1670f Section 1670f. 79.10 (11) (b) of the statutes is amended to read:

SB44-SSA1,715,11 79.10 (11) (b) Before October 16, the department of administration shall determine the total funds available for distribution under the lottery and gaming credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all moneys projected to be transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), (g) and (jm) and all existing and projected lottery proceeds and interest for the fiscal year of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r), 20.566 (2) (r), and 20.835 (2) (q) and (3) (r) and less the required reserve under s. 20.003 (5). The joint committee on finance may revise the total amount to be distributed if it does so at a meeting that takes place before November 1. If the joint committee on finance does not schedule a meeting to take place before November 1, the total determined by the department of administration shall be the total amount estimated to be distributed under the lottery and gaming credit in the following year.

SB44-SSA1, s. 1670m Section 1670m. 84.013 (2) (a) of the statutes is amended to read:

SB44-SSA1,715,15 84.013 (2) (a) Subject to ss. 84.555 and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (4) (jq) and 20.866 (2) (ur) to (uum) (uur).

SB44-SSA1, s. 1671 Section 1671. 84.013 (2) (b) of the statutes is amended to read:

SB44-SSA1,715,20 84.013 (2) (b) Except as provided in ss. 84.014, 84.03 (3), and 84.555, and subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under s. ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uut).

SB44-SSA1, s. 1671d Section 1671d. 84.013 (3) (zd) of the statutes is created to read:

SB44-SSA1,715,23 84.013 (3) (zd) USH 14 from approximately 2 miles west of Westby to 1.5 miles south of Viroqua in Vernon County.

SB44-SSA1, s. 1671h Section 1671h. 84.013 (3) (zh) of the statutes is created to read:

SB44-SSA1,716,2 84.013 (3) (zh) USH 18 from Main Street in the city of Prairie du Chien to STH 60 in the town of Bridgeport in Crawford County.

SB44-SSA1, s. 1671p Section 1671p. 84.013 (3) (zp) of the statutes is created to read:

SB44-SSA1,716,5 84.013 (3) (zp) USH 41 from 0.5 miles south of STH 26 to 0.5 miles north of Breezewood Lane in the city of Neenah in Winnebago County.

SB44-SSA1, s. 1671t Section 1671t. 84.013 (3) (zt) of the statutes is created to read:

SB44-SSA1,716,8 84.013 (3) (zt) USH 41 from Orange Lane in the town of Lawrence, one mile south of CTH "F" to CTH "M" in Brown County.

SB44-SSA1, s. 1672c Section 1672c. 84.014 (3m) of the statutes is created to read:

SB44-SSA1,716,21 84.014 (3m) (a) Beginning in fiscal year 2003-04, and in each fiscal year thereafter until the end of fiscal year 2010-11, from the amounts appropriated under s. 20.395 (3) (cr) or (cy) or both, the department shall allocate a total of at least $49,350,000 in each fiscal year, or the total unencumbered balance of both appropriations at the beginning of the fiscal year for each fiscal year, whichever is less, for southeast Wisconsin freeway rehabilitation projects other than the Marquette interchange reconstruction project. The department shall allocate the full amount under this paragraph in each fiscal year, and any amount allocated under this paragraph that remains unencumbered at the end of the fiscal year shall be added to the allocation under this paragraph for the subsequent fiscal year, and shall not otherwise affect the subsequent fiscal year's allocation under this paragraph.

SB44-SSA1,717,2 (b) Notwithstanding par. (a), the department may, in any fiscal year, reallocate funds for purposes of the Marquette interchange reconstruction project that were, for the same fiscal year, previously allocated under par. (a) for southeast Wisconsin freeway rehabilitation projects other than the Marquette interchange reconstruction project if all of the following apply:

SB44-SSA1,717,5 1. The department did not reduce under this paragraph, in the preceding fiscal year, the allocation under par. (a) for southeast Wisconsin freeway rehabilitation projects other than the Marquette interchange reconstruction project.

SB44-SSA1,717,8 2. The department has submitted to the joint committee on finance a request to reallocate funds under this paragraph and the request is approved, or modified and approved, under par. (d).

SB44-SSA1,717,16 (c) If funds are reallocated in any fiscal year under par. (b), in the subsequent fiscal year, the department shall, from funds that otherwise would have been allocated to the Marquette interchange reconstruction project, increase the allocation under par. (a) for the subsequent fiscal year for southeast Wisconsin freeway rehabilitation projects other than the Marquette interchange reconstruction project by an amount equal to the amount reallocated to the Marquette interchange reconstruction project under par. (b) in the preceding fiscal year.

SB44-SSA1,718,2 (d) If the department submits a request under par. (b) 2., and the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal that the committee has scheduled a meeting for the purpose of reviewing the request, the request is considered approved for purposes of par. (b) 2. and the department may take the action specified in the request. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the department may not take the action specified in the request until it is approved by the committee, as submitted or as modified.

SB44-SSA1, s. 1672g Section 1672g. 84.014 (4) of the statutes is renumbered 84.014 (4) (a).

SB44-SSA1, s. 1672h Section 1672h. 84.014 (4) (b) of the statutes is created to read:

SB44-SSA1,718,12 84.014 (4) (b) If the Marquette interchange reconstruction project is funded under s. 84.555 (1m) with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum), in each fiscal year in which bond obligations are outstanding, the department shall, to the maximum extent possible, transfer funds allocated for the Marquette interchange reconstruction project under s. 20.395 (3) (cr) to the appropriation account under s. 20.395 (6) (at) for the payment, in that fiscal year, of principal and interest costs incurred in financing the project with bonds issued under s. 20.866 (2) (uum).

SB44-SSA1, s. 1672i Section 1672i. 84.014 (4) (c) of the statutes is created to read:

SB44-SSA1,719,9 84.014 (4) (c) Beginning in fiscal year 2003-04, and in each fiscal year thereafter until the end of fiscal year 2010-11, the department may submit to the joint committee on finance a request to transfer funds, other than federal funds specifically allotted by act of Congress for the Marquette interchange reconstruction project, that are allocated under s. 20.395 (3) (cy) to the Marquette interchange reconstruction project or that are appropriated under s. 20.395 (3) (cy) and unallocated, from the appropriation account under s. 20.395 (3) (cy) to the appropriation account under s. 20.395 (3) (bx) or (cx), and to transfer an equal amount of segregated revenue funds from the appropriation account under s. 20.395 (3) (bq) or (cq) to the appropriation account under s. 20.395 (6) (at), for the payment of principal and interest costs incurred in financing the Marquette interchange reconstruction project by the issuance of bonds under s. 20.866 (2) (uum). If the department submits a request under this paragraph and the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal that the committee has scheduled a meeting for the purpose of reviewing the request, the department may take the action specified in the request. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the department may not take the action specified in the request until it is approved by the committee, as submitted or as modified.

SB44-SSA1, s. 1674 Section 1674. 84.03 (3) (title), (a) and (b) of the statutes are amended to read:

SB44-SSA1,719,20 84.03 (3) (title) West Canal Street reconstruction and extension project. (a) Subject to par. (b), the department shall, from the appropriations under s. 20.395 (3) (cr) and (cy), award a grant of $5,000,000 from the amounts allocated for the Marquette interchange reconstruction project under 2001 Wisconsin Act 16, section 9152 (5w), shall award a grant of $2,500,000 under s. 86.31 (3s), and shall award grants totaling $2,500,000 from the appropriation under s. 20.395 (3) (ck), to the city of Milwaukee for reconstruction of West Canal Street and extension of West Canal Street to USH 41 at Miller Park in the city of Milwaukee to serve as a transportation corridor for the purpose of mitigating traffic associated with the reconstruction of the Marquette interchange.

SB44-SSA1,719,23 (b) No grant may be awarded under par. (a) or s. 86.31 (3s) unless the city of Milwaukee contributes $10,000,000 toward the West Canal Street reconstruction and extension project.

SB44-SSA1, s. 1675 Section 1675. 84.04 (3) of the statutes is repealed.

SB44-SSA1, s. 1681 Section 1681. 84.07 (5) of the statutes is repealed.

SB44-SSA1, s. 1684 Section 1684. 84.09 (5) of the statutes is amended to read:

SB44-SSA1,720,20 84.09 (5) Subject to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for highway purposes and, if real property, the real property is not the subject of a petition under s. 16.375 560.9810 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having a fair market value at the time of sale of not more than $3,000, for the transfer of surplus state real property to the department of administration under s. 16.375 560.9810 or for the transfer of surplus state personal property to the department of tourism under sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.

SB44-SSA1, s. 1685 Section 1685. 84.09 (5r) of the statutes is amended to read:

SB44-SSA1,721,19 84.09 (5r) In lieu of the sale or conveyance of property under sub. (5) or (5m), the department may, subject to the approval of the governor, donate real property that is adjacent to the veterans memorial site located at The Highground in Clark County and owned by the state and under the jurisdiction of the department to the Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans memorial site located at The Highground in Clark County for the purpose of a memorial hall specified in s. 70.11 (9). The department may donate property under this subsection only when the department determines that the property is no longer necessary for the state's use for highway purposes and is not the subject of a petition under s. 16.375 560.9810 (2) and is transferred with a restriction that the donee may not subsequently transfer the real property to any person except to this state, which shall not be charged for any improvements thereon. Such restriction shall be recorded in the office of the register of deeds in the county in which the property is located. The department shall present to the governor a full and complete report of the property to be donated, the reason for the donation, and the minimum price for which the property could likely be sold under sub. (5), together with an application for the governor's approval of the donation. The governor shall thereupon make such investigation as he or she considers necessary and approve or disapprove the application. Upon such approval, the department shall by appropriate deed or other instrument transfer the property to the donee. The approval of the governor is not required for donation of property having a fair market value at the time of donation of not more than $3,000. Any expense incurred by the department in connection with the donation shall be paid from the transportation fund.

SB44-SSA1, s. 1686 Section 1686. 84.11 (4) of the statutes is amended to read:

SB44-SSA1,722,13 84.11 (4) Finding, determination, and order. After such hearing the department shall make such investigation as it considers necessary in order to make a decision in the matter. If the department finds that the construction is necessary it shall determine the location of the project and whether the project is eligible for construction under this section. The department shall also determine the character and kind of bridge most suitable for such location and estimate separately the cost of the bridge portion and the entire project. The department shall make its finding, determination, and order, in writing, and file a certified copy thereof with the clerk of each county, city, village, and town in which any portion of the bridge project will be located and also with the secretary of state and the state treasurer secretary of administration. The determination of the location of the project made by the department and set forth in its finding, determination, and order, shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of highways made necessary for the construction of the project and for acquirement of any lands necessary for such streets or highways, relocation or construction. The estimate of cost made by the department shall be conclusive insofar as cost may determine eligibility of construction under this section.

SB44-SSA1, s. 1687 Section 1687. 84.12 (4) of the statutes is amended to read:

SB44-SSA1,723,9 84.12 (4) Finding, determination, and order. If the department finds that the construction is necessary, and that provision has been made or will be made by the adjoining state or its subdivisions to bear its or their portions of the cost of the project, the department, in cooperation with the state highway department of the adjoining state, shall determine the location thereof, the character and kind of bridge and other construction most suitable at such location, estimate the cost of the project, and determine the respective portions of the estimated cost to be paid by each state and its subdivisions. In the case of projects eligible to construction under sub. (1) (a) the department shall further determine the respective portions of the cost to be paid by this state and by its subdivisions which are required to pay portions of the cost. The department, after such hearing, investigation, and negotiations, shall make its finding, determination, and order in writing and file a certified copy thereof with the clerk of each county, city, village, or town in this state in which any part of the bridge project will be located, with the secretary of state, and the state treasurer secretary of administration and with the state highway department of the adjoining state. The determination of the location set forth in the finding, determination , and order of the department shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of the highways made necessary for the construction of the project and for acquiring lands necessary for such streets or highways, relocation or construction.

SB44-SSA1, s. 1694f Section 1694f. 84.555 (1m) of the statutes is created to read:

SB44-SSA1,723,14 84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the Marquette interchange reconstruction project under s. 84.014 may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) if all of the following conditions are satisfied:

SB44-SSA1,723,22 (a) Funds allocated under s. 20.395 (3) (cr) and (cy), other than funds transferred under s. 84.014 (4) (b) or (c), for the Marquette interchange reconstruction project for the fiscal year in which the bonds are issued are not sufficient to meet expenditure obligations for the project in that fiscal year and the bond issuance results in an amount of bond proceeds in that fiscal year that does not exceed the difference between the expenditure obligations for the project in that fiscal year and the amount of funds allocated under s. 20.395 (3) (cr) and (cy), other than funds transferred under s. 84.014 (4) (b) or (c), for the project for that fiscal year.

SB44-SSA1,723,24 (b) No payment of principal and interest on the bonds is required after June 30, 2009.

SB44-SSA1,724,7 (c) The department has expended or encumbered all funds allocated under s. 20.395 (3) (cr) and (cy), other than funds transferred under s. 84.014 (4) (b) or (c), for the Marquette interchange reconstruction project for the fiscal year in which the bonds are issued, has maximized the use of any other state or federal funds available for the project in that fiscal year, and has exhausted other viable options for funding expenditure obligations for the project in that fiscal year by means other than the issuance of bonds under s. 20.866 (2) (uum).

SB44-SSA1, s. 1694m Section 1694m. 84.557 of the statutes is created to read:

SB44-SSA1,724,13 84.557 General obligation bonding for major highway and rehabilitation projects. (1) Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uur).

SB44-SSA1,724,16 (2) Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq), may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut).

SB44-SSA1, s. 1696 Section 1696. 84.59 (2) of the statutes is renumbered 84.59 (2) (a).

SB44-SSA1, s. 1697 Section 1697. 84.59 (2) (b) of the statutes is created to read:

SB44-SSA1,725,7 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), (4), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r). The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

SB44-SSA1, s. 1698 Section 1698. 84.59 (3) of the statutes is amended to read:

SB44-SSA1,725,16 84.59 (3) The secretary may pledge revenues received or to be received in the any fund established in under 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.

SB44-SSA1, s. 1699 Section 1699. 84.59 (6) of the statutes is amended to read:

SB44-SSA1,726,5 84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $1,753,067,500 $2,095,583,900, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

SB44-SSA1, s. 1701m Section 1701m. 85.027 of the statutes is created to read:

SB44-SSA1,726,16 85.027 Traffic marking enhancement grants. (1) Administration. Subject to 2003 Wisconsin Act .... (this act), section 9153 (4q), the department shall administer a program to provide grants to local units of government for the installation of traffic marking enhancements with the intent of improving visibility for elderly drivers and pedestrians. The enhancements may include pavement markings for center lines, lane lines, edge lines, lane-use arrows, and cross walks that are brighter or more reflective than the markings that are typically used, traffic signs with enhanced reflectivity and with larger letters than are typically used, redundant street name signs in advance of intersections, and overhead mounted street name signs at major intersections.

SB44-SSA1,726,19 (2) Grants. (a) A local unit of government that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the total estimated cost of the project for which moneys are awarded under this section.

SB44-SSA1,726,21 (b) The department shall award grants annually to at least one project in each of the following:

SB44-SSA1,726,22 1. An urban area.

SB44-SSA1,726,23 2. A suburban area.

SB44-SSA1,726,24 3. A rural area.

SB44-SSA1,727,2 (c) The department shall consider the following in awarding a grant for a proposed project:

SB44-SSA1,727,3 1. The crash history of the proposed project area.

SB44-SSA1,727,5 2. The prevalence of older drivers and pedestrians in the area of the proposed project.

SB44-SSA1,727,7 3. The extent to which the proposed improvements would produce demonstrable benefits.

SB44-SSA1,727,10 4. Whether a project is proposed cooperatively by more than one local unit of government and coordinates improvements on highways in more than one jurisdiction. The department shall favor cooperative projects.

SB44-SSA1,727,12 5. The geographic distribution of all of the projects that are awarded grants. The department shall distribute projects throughout the state.

SB44-SSA1,727,14 (d) The department shall award grants under this section from the appropriation under s. 20.395 (2) (fg).

SB44-SSA1, s. 1702 Section 1702. 85.062 (1) (c) of the statutes is created to read:

SB44-SSA1,727,18 85.062 (1) (c) Initial construction or expansion of a commuter rail transit system. In this paragraph, "commuter rail" has the meaning given in s. 85.064 (1) (a).

SB44-SSA1, s. 1703 Section 1703. 85.064 of the statutes is created to read:

SB44-SSA1,727,20 85.064 Commuter rail transit system development. (1) In this section:

SB44-SSA1,728,3 (a) "Commuter rail" means rail passenger service, operating primarily on a dedicated right-of-way on existing railroad tracks used for rail freight service or intercity rail passenger service between and within metropolitan and suburban areas, connecting these areas with large business or urban centers in this state or another. Commuter rail usually operates during peak travel times with limited stops and in conjunction with other transit modes as part of a regional transit system. "Commuter rail" does not include rail passenger service provided by a light rail transit system.

SB44-SSA1,728,6 (b) "Political subdivision" means any city, village, town, county, transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or regional transportation authority organized under s. 59.58 (6) within this state.

SB44-SSA1,728,11 (2) (a) The department shall administer a commuter rail transit system development grant program. From the appropriations under s. 20.395 (1) (dq), (dv), and (dx), the department may award grants to political subdivisions for preliminary engineering related to the development or extension of commuter rail transit systems in this state.

SB44-SSA1,728,15 (b) Upon completion of a planning study to the satisfaction of the department, any political subdivision may apply to the department for a grant for the purpose specified in par. (a). No grant may be awarded under this section for a project unless the project meets the eligibility criteria established by the department under sub. (3).

SB44-SSA1,728,18 (c) The amount of a grant awarded under this section shall be limited to an amount equal to 50% of the portion of the project cost in excess of the federal aid funding for the project or 25% of the total project cost, whichever is less.

SB44-SSA1,728,22 (3) The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this section and shall establish criteria for evaluating applications and determining eligibility for the award of grants under this section.

SB44-SSA1,728,24 (4) No grant may be awarded under this section for any project related to the planning, initial construction, or expansion of a light rail transit system.

SB44-SSA1, s. 1704 Section 1704. 85.09 (2) (a) of the statutes is amended to read:

SB44-SSA1,730,4 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located thereon, which on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05. In addition to its property management authority under s. 85.15, the department of transportation may lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. In exercising its property management authority, the department of transportation, to the greatest extent practicable, shall encourage and utilize the Wisconsin conservation corps for appropriate projects. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

SB44-SSA1, s. 1705 Section 1705. 85.09 (4i) of the statutes is amended to read:

SB44-SSA1,730,14 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. 16.375 560.9810 (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 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).

SB44-SSA1, s. 1706 Section 1706. 85.12 (3) of the statutes is amended to read:

SB44-SSA1,730,18 85.12 (3) The department may contract with any local governmental unit, as defined in s. 22.01 16.97 (7), to provide that local governmental unit with services under this section.