Amendment ASA1-AB40

AB40-ASA1,925,25 86.30 (2) (dr) Aid reduction related to outdoor advertising sign condemnation. The department may reduce aids paid to a county or municipality under par. (e) as provided in s. 84.30 (5r) (c).

AB40-ASA1, s. 2272 Section 2272. 86.30 (9) (b) of the statutes is amended to read:

AB40-ASA1,926,7 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $96,492,900 in calendar year 2008, $99,387,700 in calendar year 2009, $101,375,500 in calendar year 2010, and $104,416,800 in calendar year 2011, and $102,615,600 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

AB40-ASA1, s. 2273 Section 2273. 86.30 (9) (c) of the statutes is amended to read:

AB40-ASA1,926,15 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $303,578,100 in calendar year 2008, $312,685,400 in calendar year 2009, $318,939,100 in calendar year 2010, and $328,507,300 in calendar year 2011, and $308,904,300 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

AB40-ASA1, s. 2278d Section 2278d. 86.31 (2) (a) of the statutes is amended to read:

AB40-ASA1,926,24 86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with par. (h) and the requirements of subs. (3), (3g), (3m), and (3r). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.

AB40-ASA1, s. 2278e Section 2278e. 86.31 (2) (b) of the statutes is amended to read:

AB40-ASA1,927,7 86.31 (2) (b) Except as provided in par. (d) (g), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A town may contract with a county for the an improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).

AB40-ASA1, s. 2278f Section 2278f. 86.31 (2) (d) of the statutes is repealed.

AB40-ASA1, s. 2278g Section 2278g. 86.31 (2) (f) of the statutes is created to read:

AB40-ASA1,927,13 86.31 (2) (f) Notwithstanding par. (d), if a county has prepared a written and sealed estimate of the cost of an improvement in connection with or anticipation of competitive bidding for the award of a contract for the improvement, the county may not itself perform the work on the improvement.

AB40-ASA1, s. 2278h Section 2278h. 86.31 (2) (f) of the statutes, as created by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,927,19 86.31 (2) (f) Notwithstanding par. (d), if If a county has prepared a written and sealed estimate of the cost of an improvement in connection with or anticipation of competitive bidding for the award of a contract for the improvement, the county may not itself perform the work on the improvement.

AB40-ASA1, s. 2278i Section 2278i. 86.31 (2) (g) of the statutes is created to read:

AB40-ASA1,927,23 86.31 (2) (g) 1. Except as provided in par. (f), if the cost of an improvement on a county trunk highway is less than $100,000, the county having jurisdiction over the highway may perform the work on the improvement itself.

AB40-ASA1,928,3 2. If the cost of an improvement on a street is less than $100,000, the city or village having jurisdiction over the street may contract with the county in which the street is located to perform the work on the improvement.

AB40-ASA1, s. 2278j Section 2278j. 86.31 (2) (h) of the statutes is created to read:

AB40-ASA1,928,9 86.31 (2) (h) A double seal coat project on a town road may be funded under the program if it has a projected life of at least 10 years, similar projects in the same geographic area have performed satisfactorily, and the county highway commissioner of the county in which the project is located approves the project's eligibility for funding.

AB40-ASA1, s. 2278k Section 2278k. 86.31 (3g) of the statutes is amended to read:

AB40-ASA1,928,18 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,355,000 in fiscal year 2007-08, $5,462,100 in fiscal year 2008-09, and $5,127,000 in fiscal year 2009-10 and in fiscal year 2010-11, and $10,127,000 in fiscal year 2011-12 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB40-ASA1, s. 2278m Section 2278m. 86.31 (3m) of the statutes is amended to read:

AB40-ASA1,929,2 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $765,000 in fiscal year 2007-08, $780,300 in fiscal year 2008-09, and $732,500 in fiscal year 2009-10 and in fiscal year 2010-11, and $5,732,500 in fiscal year 2011-12 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB40-ASA1, s. 2278n Section 2278n. 86.31 (6) (g) of the statutes is repealed.

AB40-ASA1, s. 2279 Section 2279. 91.04 (2) (j) of the statutes is amended to read:

AB40-ASA1,929,7 91.04 (2) (j) Rezoning of land out of farmland preservation zoning districts under s. 91.48, including the amounts of conversion fees paid to political subdivisions under s. 91.48 (1) (b).

AB40-ASA1, s. 2280 Section 2280. 91.48 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,929,12 91.48 (1) (intro.) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if all of the following apply the political subdivision finds all of the following, after public hearing:

AB40-ASA1, s. 2281 Section 2281. 91.48 (1) (a) (intro.) of the statutes is repealed.

AB40-ASA1, s. 2282 Section 2282. 91.48 (1) (a) 1. to 4. of the statutes are renumbered 91.48 (1) (a) to (d).

AB40-ASA1, s. 2283 Section 2283. 91.48 (1) (b) of the statutes is repealed.

AB40-ASA1, s. 2284 Section 2284. 91.48 (2) (intro.) and (a) of the statutes are consolidated, renumbered 91.48 (2) and amended to read:

AB40-ASA1,929,23 91.48 (2) A political subdivision shall by March of 1 of each year provide all of the following to the department: (a) A a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres.

AB40-ASA1, s. 2285 Section 2285. 91.48 (2) (b) and (c) of the statutes are repealed.

AB40-ASA1, s. 2286 Section 2286. 91.48 (3) of the statutes is amended to read:

AB40-ASA1,930,3 91.48 (3) A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under sub. (2) (a) and (b) to the county in which the political subdivision is located.

AB40-ASA1, s. 2287 Section 2287. 91.49 of the statutes is repealed.

AB40-ASA1, s. 2292 Section 2292. 92.07 (15) of the statutes is amended to read:

AB40-ASA1,930,10 92.07 (15) Administration and enforcement of ordinances. A land conservation committee may, if authorized by the county board, administer and enforce those provisions of an ordinance enacted under s. 101.65 (1) (a) related to construction site erosion, a zoning ordinance enacted under s. 59.693 or an ordinance enacted under authority granted under s. 281.33 (3m) 101.1206.

AB40-ASA1, s. 2293 Section 2293. 93.07 (3) of the statutes is amended to read:

AB40-ASA1,930,23 93.07 (3) Promotion of agriculture. To promote the interests of agriculture, dairying, horticulture, manufacturing, commercial fishing and the domestic arts and to advertise Wisconsin and its dairy, food, and agricultural products by conducting campaigns of education throughout the United States and in foreign markets. Such campaigns shall include the distribution of educational and advertising material concerning Wisconsin and its plant, animal, food, and dairy products. The department shall coordinate efforts by the state to advertise and promote agricultural products of this state, with the department of commerce Wisconsin Economic Development Corporation where appropriate. The department shall submit its request and plan for market development program expenditures for each biennium with its biennial budget request. The plan shall include the identification and priority of expenditures for each market development program activity.

AB40-ASA1, s. 2294 Section 2294. 93.07 (18) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,931,4 93.07 (18) (b) (intro.) In consultation with the department of commerce Wisconsin Economic Development Corporation, to do all of the following for each economic development program administered by the department of agriculture, trade and consumer protection:

AB40-ASA1, s. 2295 Section 2295. 93.07 (20) (title) of the statutes is amended to read:

AB40-ASA1,931,7 93.07 (20) (title) Economic development assistance coordination and reporting.

AB40-ASA1, s. 2296 Section 2296. 93.07 (20) of the statutes is renumbered 93.07 (20) (b) and amended to read:

AB40-ASA1,931,17 93.07 (20) (b) Annually, no later than October 1, to submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (18) (a), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40-ASA1, s. 2297 Section 2297. 93.07 (20) (a) of the statutes is created to read:

AB40-ASA1,931,20 93.07 (20) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40-ASA1, s. 2298 Section 2298. 93.07 (26) of the statutes is amended to read:

AB40-ASA1,931,25 93.07 (26) Alternative fuel refueling facilities. To pursue in cooperation with the office of energy independence, the establishment and maintenance of sufficient alternative fuel refueling facilities at public retail outlets to meet the traveling needs of the public.

AB40-ASA1, s. 2299 Section 2299. 93.33 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,932,14 93.33 (5) Annual report. (intro.) In September of each year, the council shall submit a report to the appropriate standing committees of the legislature as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), the governor, the secretary of agriculture, trade and consumer protection, the state superintendent of public instruction, the secretary of workforce development, the secretary of natural resources, the secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation, the president of the University of Wisconsin System, the director of the technical college system, the chancellor of the University of Wisconsin-Extension, the chancellor of the University of Wisconsin-Madison, the chancellor of the University of Wisconsin-Platteville, the chancellor of the University of Wisconsin-River Falls, and the chancellor of the University of Wisconsin-Stevens Point. The council shall include all of the following in the report:

AB40-ASA1, s. 2299r Section 2299r. 93.40 (1) (g) of the statutes is amended to read:

AB40-ASA1,932,17 93.40 (1) (g) Promote the growth of the dairy industry through research, planning, and assistance, including grants and loans to dairy producers.

AB40-ASA1, s. 2300 Section 2300. 93.42 (1) (e) of the statutes is amended to read:

AB40-ASA1,932,21 93.42 (1) (e) Cooperating with the department of commerce Wisconsin Economic Development Corporation in promoting the state's products through the state's foreign trade offices.

AB40-ASA1, s. 2301 Section 2301. 93.42 (3) of the statutes is repealed.

AB40-ASA1, s. 2303 Section 2303. 93.46 (1) (am) of the statutes is repealed.

AB40-ASA1, s. 2305 Section 2305. 93.46 (2) (d) of the statutes is repealed.

AB40-ASA1, s. 2305c Section 2305c. 93.46 (2) (e) of the statutes is amended to read:

AB40-ASA1,933,2 93.46 (2) (e) The department may not make a grant under this subsection that exceeds 75 67 percent of project costs.

AB40-ASA1, s. 2307c Section 2307c. 93.73 (2) (b) of the statutes is amended to read:

AB40-ASA1,933,9 93.73 (2) (b) The department, after consultation with the council under sub. (13), shall solicit applications under sub. (3) at least annually. The department shall issue each solicitation in writing and shall publish a notice announcing the solicitation. In soliciting applications, the department may specify the total amount of funds available, application deadlines, application requirements and procedures, preliminary criteria for evaluating applications, and other relevant information.

AB40-ASA1, s. 2308 Section 2308. 93.80 of the statutes is amended to read:

AB40-ASA1,933,14 93.80 Arsenic in wood. The department, jointly with the department of commerce safety and professional services, shall review scientific evidence to determine whether there is a substantial likelihood that wood treated with copper, chromium, and arsenic is harmful to the environment or to human health.

AB40-ASA1, s. 2308m Section 2308m. 94.64 (4) (c) 3. of the statutes is amended to read:

AB40-ASA1,933,19 94.64 (4) (c) 3. The department shall credit pay the fee fees collected under par. (a) 3. to the appropriation account under s. 20.285 (1) (hm) Board of Regents of the University of Wisconsin System to be used for University of Wisconsin-Extension outreach services.

AB40-ASA1, s. 2309 Section 2309. 96.01 (4m) of the statutes is amended to read:

AB40-ASA1,933,23 96.01 (4m) "Bioenergy feedstock" has the meaning given in s. 16.954 (1) (b) means biomass used to produce energy, including transportation fuel, heat, or electricity.

AB40-ASA1, s. 2309g Section 2309g. 97.60 of the statutes is repealed.

AB40-ASA1, s. 2310 Section 2310. 100.14 (2) of the statutes is amended to read:

AB40-ASA1,934,5 100.14 (2) The secretary of state department of financial institutions shall, upon application of the department of agriculture, trade and consumer protection, record any such label or trademark under ss. 132.01 to 132.11. The department of agriculture, trade and consumer protection shall be entitled to protect such label or trademark under said sections and in any other manner authorized by law.

AB40-ASA1, s. 2311f Section 2311f. 100.27 (4) of the statutes is created to read:

AB40-ASA1,934,8 100.27 (4) Mercuric oxide button cell batteries. No person may sell or offer for sale a mercuric oxide button cell battery.

AB40-ASA1, s. 2311g Section 2311g. 100.27 (5) (title) of the statutes is amended to read:

AB40-ASA1,934,10 100.27 (5) (title) Mercuric Other mercuric oxide batteries.

AB40-ASA1, s. 2312 Section 2312. 100.60 (1) (b) 2. of the statutes is amended to read:

AB40-ASA1,934,16 100.60 (1) (b) 2. Any other fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a diesel-replacement renewable fuel under sub. (7) (a).

AB40-ASA1, s. 2313 Section 2313. 100.60 (1) (c) 2. of the statutes is amended to read:

AB40-ASA1,934,22 100.60 (1) (c) 2. Any other fuel that can substitute for gasoline, that is derived from a renewable resource, that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel, and that the department of commerce safety and professional services designates as a gasoline-replacement renewable fuel under sub. (7) (b).

AB40-ASA1, s. 2314 Section 2314. 100.60 (3) (a) of the statutes is amended to read:

AB40-ASA1,935,3 100.60 (3) (a) Annually, beginning in 2011, the department, in cooperation with and with assistance from the department of commerce, safety and professional services and the department of revenue, and the office of energy independence, shall determine whether the annual goals for sales of renewable fuels in sub. (2) (b) and (c), for the previous year, were met in the state in that year.

AB40-ASA1, s. 2315 Section 2315. 100.60 (6) (a) of the statutes is amended to read:

AB40-ASA1,935,14 100.60 (6) (a) The department shall consult with the department of commerce, safety and professional services and the department of revenue, and the office of energy independence to determine if information necessary to make a determination under sub. (3) (a) or an assessment under sub. (4) is being collected by these agencies under laws in effect on June 2, 2010. If the information is not being collected, the department may request the department of commerce, safety and professional services and the department of revenue, or the office of energy independence to collect the information if collection by one of these agencies is more cost-effective for state government and less burdensome for the persons subject to the reporting requirements than collection of the information by the department.

AB40-ASA1, s. 2316 Section 2316. 100.60 (7) (title) of the statutes is amended to read:

AB40-ASA1,935,17 100.60 (7) (title) Department of commerce safety and professional services authority.

AB40-ASA1, s. 2317 Section 2317. 100.60 (7) (a) of the statutes is amended to read:

AB40-ASA1,935,23 100.60 (7) (a) The department of commerce safety and professional services may promulgate a rule designating a fuel that can substitute for petroleum-based diesel fuel, that is derived from a renewable resource, and that meets all of the applicable requirements of the American Society for Testing and Materials for that fuel as a diesel-replacement renewable fuel for the purposes of this section.