AB40-ASA1,916,1410
85.063
(3) (b) 1. Upon completion of a planning study under sub. (2), or, to the
11satisfaction of the department, of a study under s. 85.022, a political subdivision in
12a county
, or a transit authority created under s. 66.1039, that includes the urban area
13may apply to the department for a grant for property acquisition for an urban rail
14transit system.
AB40-ASA1,916,1916
85.064
(1) (b) "Political subdivision" means any city, village, town, county,
or 17transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s.
1866.0301
, or transit authority created under s. 66.1039 within this state
or the
19southeastern regional transit authority under s. 59.58 (7).
AB40-ASA1, s. 2237p
20Section 2237p. 85.08 (4m) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,917,1821
85.08
(4m) (c)
Railroad facilities acquisition grants and loans. (intro.) The
22department may make grants to eligible applicants for the purpose of preserving
23freight rail service through the acquisition of rail property. The grant may be
24composed of state funds, federal funds, state property, the use of state property, or
25any combination of state funds, federal funds, state property
, and the use of state
1property. No grant for the acquisition of rail property improvements may exceed 80%
2of the acquisition cost. No grant for the acquisition of rail property exclusive of rail
3property improvements may exceed 100% of the acquisition cost.
The department
4shall give priority in awarding grants to those projects for which the applicant agrees
5to pay greater than 20% of the cost of the acquisition of rail property improvements. 6A grant may be made to an eligible applicant before or after abandonment of a
7railroad line as defined in s. 85.09 (3). The department may permit an eligible
8applicant's share of an increase in the acquisition cost of rail property or rail property
9improvements to be paid in installments if the increase in acquisition cost is caused
10by negotiation or litigation. No grant may be made under this paragraph for the
11acquisition of rail property if the acquisition price exceeds an amount deemed
12reasonable by the department. If a grant is made to an eligible applicant under this
13paragraph, the department may award a loan to the eligible applicant for not more
14than 15% of the acquisition cost. A grant of money or a loan made under this
15paragraph shall be paid from the appropriation under s. 20.395 (2) (bq), (bu)
, or (bx)
16or 20.866 (2) (uw). The department shall administer this program and shall have all
17powers necessary and convenient to implement this paragraph and par. (d),
18including the following powers:
AB40-ASA1,918,1020
85.08
(4m) (d)
Railroad rehabilitation and construction grants and loans. The
21department may make grants to eligible applicants for the purpose of rehabilitating
22or constructing rail property improvements. Construction shall be limited to that
23which is required to continue rail service on a particular line or to provide alternative
24rail service when a line has been abandoned. A grant under this paragraph may be
25composed of state funds, federal funds, state property, the use of state property,
1technical assistance, or any combination of state funds, federal funds, state property,
2the use of state property
, and technical assistance. The value of a grant may not
3exceed 80% of the costs of rehabilitation or construction.
The department shall give
4priority in awarding grants to those projects for which the applicant agrees to pay
5greater than 20% of the costs of rehabilitation or construction. If a grant is made to
6an eligible applicant under this paragraph, the department may award a loan to the
7eligible applicant for not more than 15% of the rehabilitation or construction costs.
8A grant may be made before or after abandonment of a railroad line as defined in s.
985.09 (3). A grant or loan made under this paragraph shall be paid from the
10appropriation under s. 20.395 (2) (bq), (bu)
, or (bx) or 20.866 (2) (uw).
AB40-ASA1,918,2112
85.09
(4i) Disposal of rail property. The department shall sell at public or
13private sale rail property acquired under sub. (4) when the department determines
14that the rail property is not necessary for a public purpose and, if real property, the
15real property is not the subject of a petition under s.
568.9810 16.310 (2). Upon
16receipt of the full purchase price, the department shall, by appropriate deed or other
17instrument, transfer the rail property to the purchaser. The funds derived from sales
18under this subsection shall be deposited in the transportation fund, and the expense
19incurred by the department in connection with the sale shall be paid from the
20appropriation under s. 20.395 (2) (bq). This subsection does not apply to real
21property that is sold under s. 16.848.
AB40-ASA1,919,223
85.09
(4m) Relocation plan. The department is exempt from s. 32.25 (1) if the
24department determines that acquiring rail property under this section will not result
25in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a
1statement of its determinations with the
department of commerce Wisconsin
2Housing and Economic Development Authority.
AB40-ASA1,919,84
85.095
(2) (b) To establish criteria for evaluating applications for harbor
5assistance grants in order to provide for the disbursement of grants. In establishing
6these criteria, the department
shall consult with the department of commerce and 7shall give priority to applicants based on the amount of tonnage and waterborne
8transportation handled in the harbor.
AB40-ASA1,919,12
1185.14 (title)
Payments of fees and deposits by credit card, debit card,
12or other electronic payment mechanism; electronic transactions.
AB40-ASA1,919,2514
85.14
(1) (a) The department may accept payment by credit card, debit card,
15or any other electronic payment mechanism of
a
any fee that is required to be paid
16to the department
under ch. 194, 218, 341, 342, 343 or 348. The department shall
17determine which fees may be paid by credit card, debit card, or any other electronic
18payment mechanism and the manner in which the payments may be made. If the
19department permits the payment of a fee by credit card, debit card, or any other
20electronic payment mechanism, the department may charge a convenience fee for
21each transaction in an amount to be established by rule. The convenience fee shall
22approximate the cost to the department for providing this service to persons who
23request it. If the department permits the payment of a fee by credit card, debit card,
24or any other electronic payment mechanism, the department may charge a service
25fee of $2.50 for each transaction until a rule is promulgated under this paragraph.
AB40-ASA1,920,52
85.14
(3) The department may establish procedures for conducting any
3transaction in an electronic format or using an electronic process. Any form
4prescribed by the department may be prescribed in an automated format to facilitate
5the department's authority under this subsection.
AB40-ASA1,920,177
85.14
(4) The department may promulgate rules requiring a person to pay an
8additional fee for conducting an in-person, telephone, or paper transaction in lieu
9of using an electronic filing or submission option when the department has made an
10electronic filing or submission option available. These rules providing for an
11additional fee shall not apply to individuals unless the department offered an
12electronic filing or submission option in connection with a service on the effective
13date of this subsection .... [LRB inserts date], and the department charged an
14additional fee to individuals for electing this option as of that date. These rules may
15provide for exemptions from the additional fee for designated categories of persons
16or transactions. The fee authorized under this subsection is in addition to any other
17fee that may be imposed by the department.
AB40-ASA1,920,20
1985.193 Borrow and material disposal sites for transportation projects. 20(1) Definitions. In this section:
AB40-ASA1,920,2321
(a) "Borrow" means soil or a mixture of soil and stone, gravel, or other material
22suitable for use in the construction of embankments or other similar earthworks
23constructed as part of a transportation project.
AB40-ASA1,920,2524
(b) "Borrow site" means a site off of the transportation project property from
25which borrow is excavated for use in a transportation project.
AB40-ASA1,921,7
1(c) "Material disposal site" means a site off of the transportation project
2property used for the lawful disposal of surplus materials from a transportation
3project and that is under the direct control of the transportation project contractor
4or a transportation project subcontractor. "Material disposal site" does not include
5a private landfill that is not managed by the transportation project contractor or a
6transportation project subcontractor or a landfill that is owned or directly controlled
7by a political subdivision.
AB40-ASA1,921,88
(d) "Political subdivision" means a city, village, town, or county.
AB40-ASA1,921,129
(e) "Transportation project" means a construction or maintenance project
10directed and supervised by the department that relates to an airport, railroad,
11highway, bridge, or other transportation facility and that is subject to an agreement
12under s. 30.2022.
AB40-ASA1,921,15
13(2) Exemption from local zoning. No zoning ordinance enacted under s. 59.69,
1460.61, 60.62, 61.35, or 62.23 may apply to a borrow site or material disposal site if
15all of the following apply:
AB40-ASA1,921,1716
(a) The owner of the property consents to the establishment of a site on his or
17her property.
AB40-ASA1,921,2018
(b) The department determines that the site is not a commercial establishment
19that has a fixed place of business from which the establishment regularly supplies
20processed or manufactured materials or products.
AB40-ASA1,921,2221
(c) The transportation project contractor assumes sole responsibility for the
22operation of the site.
AB40-ASA1,921,2423
(d) The site is used solely for the specified transportation project and solely
24during the period of construction of the specified transportation project.
AB40-ASA1,922,4
1(e) The transportation project contractor or a transportation project
2subcontractor does not crush, screen, wash, blast, or apply another manufacturing
3process to mineral aggregate from the borrow site, on or off the borrow site, to
4produce finished aggregate products.
AB40-ASA1,922,55
(g) The transportation project contractor complies with all of the following:
AB40-ASA1,922,76
1. Any applicable noise limit standards for mine and quarry operations
7established under s. 101.15 (2) (e).
AB40-ASA1,922,108
2. Any applicable restoration requirements for construction site erosion control
9established under s. 85.19 (1) and any applicable restoration requirements
10established under an agreement under s. 30.2022.
AB40-ASA1, s. 2246
11Section
2246. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
AB40-ASA1,922,2212
85.20
(4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the
13department shall pay
$63,784,700 for aid payable for calendar year 2008,
14$65,299,200 for aid payable for calendar year 2009, $66,585,600 for aid payable for
15calendar year 2010,
and $68,583,200 for aid payable for calendar year 2011
, and
16$61,724,900 for aid payable for calendar year 2012 and thereafter, to the eligible
17applicant that pays the local contribution required under par. (b) 1. for an urban
18mass transit system that has annual operating expenses of $80,000,000 or more. If
19the eligible applicant that receives aid under this subd. 6. cm. is served by more than
20one urban mass transit system, the eligible applicant may allocate the aid between
21the urban mass transit systems in any manner the eligible applicant considers
22desirable.
AB40-ASA1, s. 2248
23Section
2248. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
AB40-ASA1,923,924
85.20
(4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the
25department shall pay
$16,754,000 for aid payable for calendar year 2008,
1$17,158,400 for aid payable for calendar year 2009, $17,496,400 for aid payable for
2calendar year 2010,
and $18,021,300 for aid payable for calendar year 2011
, and
3$16,219,200 for aid payable for calendar year 2012 and thereafter, to the eligible
4applicant that pays the local contribution required under par. (b) 1. for an urban
5mass transit system that has annual operating expenses in excess of $20,000,000 but
6less than $80,000,000. If the eligible applicant that receives aid under this subd. 6.
7d. is served by more than one urban mass transit system, the eligible applicant may
8allocate the aid between the urban mass transit systems in any manner the eligible
9applicant considers desirable.
AB40-ASA1, s. 2252
10Section
2252. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
AB40-ASA1,923,1611
85.20
(4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the
12amounts for aids are
$24,034,400 in calendar year 2008, $24,614,500 in calendar
13year 2009, $25,099,500 in calendar year 2010,
and $25,852,500 in calendar year
142011
, and $23,267,200 in calendar year 2012 and thereafter. These amounts, to the
15extent practicable, shall be used to determine the uniform percentage in the
16particular calendar year.
AB40-ASA1, s. 2254
17Section
2254. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
AB40-ASA1,923,2318
85.20
(4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the
19amounts for aids are
$5,440,500 in calendar year 2008, $5,571,800 in calendar year
202009, $5,681,600 in calendar year 2010,
and $5,852,200 in calendar year 2011
, and
21$5,267,000 in calendar year 2012 and thereafter. These amounts, to the extent
22practicable, shall be used to determine the uniform percentage in the particular
23calendar year.
AB40-ASA1,923,25
2585.205 Paratransit aids. (1) Definitions. In this section:
AB40-ASA1,924,1
1(a) "Eligible applicant" has the meaning given in s. 85.20 (1) (b).
AB40-ASA1,924,42
(b) "Paratransit service" means comparable transportation service required by
3the federal Americans with Disabilities Act for individuals with disabilities who are
4unable to use fixed route transportation services.
AB40-ASA1,924,55
(c) "Urban mass transit system" has the meaning given in s. 85.20 (1) (L).
AB40-ASA1,924,10
6(2) Administration. (a) From the appropriation under s. 20.395 (1) (hq), the
7department shall provide aid payments to eligible applicants that receive state aid
8payments under s. 85.20 (4m) and that are served by an urban mass transit system
9that provides paratransit service to assist those eligible applicants in providing
10paratransit service.
AB40-ASA1,924,1211
(b) In awarding grants under par. (a), the department shall do all of the
12following:
AB40-ASA1,924,1413
1. Maximize the level of paratransit service provided by urban mass transit
14systems serving eligible applicants.
AB40-ASA1,924,1715
2. Give priority to eligible applicants for maintaining paratransit service
16provided by urban mass transit systems on the effective date of this subdivision ....
17[LRB inserts date].
AB40-ASA1, s. 2256
18Section
2256. 85.25 (2) (c) 1m. b. of the statutes is amended to read:
AB40-ASA1,924,2019
85.25
(2) (c) 1m. b. It is currently performing a useful business function as
20defined in s.
560.036 16.287 (1) (h).
AB40-ASA1,924,2322
86.25
(4) Sections 61.54, 62.15 and 66.0901
(1) and (2) to (9) shall not apply to
23funds provided or agreements made pursuant to this section.
AB40-ASA1,925,4
186.30
(2) (a) 3. For each mile of road or street under the jurisdiction of a
2municipality as determined under s. 86.302, the mileage aid payment shall be
$1,956
3in calendar year 2008, $2,015 in calendar year 2009, $2,055 in calendar year 2010
, 4and $2,117 in calendar year 2011 and thereafter.
AB40-ASA1,925,106
86.30
(2) (b) 1. Except as provided under par. (d) and s. 86.303 (5), no
7municipality whose aid is determined under par. (a) 2. may receive an increase in its
8annual transportation aid payment in excess of 15% of its last previous calendar year
9aid payment or a decrease in its annual transportation aid payment in excess of
5% 1010 percent of its last previous calendar year transportation aid payment.
AB40-ASA1,925,1512
86.30
(2) (b) 1g. Except as provided under par. (d) and s. 86.303 (5), no
13municipality whose aid is determined under par. (a) 3. may receive a decrease in its
14annual transportation aid payment in excess of
5%
10 percent of its last previous
15calendar year transportation aid payment.
AB40-ASA1,925,2117
86.30
(2) (b) 1r. Except as provided under s. 86.303, no county may receive an
18increase in its annual transportation aid payment in excess of 15% of its last previous
19calendar year aid payment. Except as provided under par. (dm) and s. 86.303, no
20county may receive a decrease in its annual transportation aid payment in excess of
212% 10 percent of its last previous calendar year transportation aid payment.
AB40-ASA1,925,2523
86.30
(2) (dr)
Aid reduction related to outdoor advertising sign condemnation. 24The department may reduce aids paid to a county or municipality under par. (e) as
25provided in s. 84.30 (5r) (c).
AB40-ASA1,926,72
86.30
(9) (b) For the purpose of calculating and distributing aids under sub. (2),
3the amounts for aids to counties are
$96,492,900 in calendar year 2008, $99,387,700
4in calendar year 2009, $101,375,500 in calendar year 2010,
and $104,416,800 in
5calendar year 2011
, and $102,615,600 in calendar year 2012 and thereafter. These
6amounts, to the extent practicable, shall be used to determine the statewide county
7average cost-sharing percentage in the particular calendar year.
AB40-ASA1,926,159
86.30
(9) (c) For the purpose of calculating and distributing aids under sub. (2),
10the amounts for aids to municipalities are
$303,578,100 in calendar year 2008,
11$312,685,400 in calendar year 2009, $318,939,100 in calendar year 2010,
and 12$328,507,300 in calendar year 2011
, and $308,904,300 in calendar year 2012 and
13thereafter. These amounts, to the extent practicable, shall be used to determine the
14statewide municipal average cost-sharing percentage in the particular calendar
15year.
AB40-ASA1,926,2417
86.31
(2) (a) The department shall administer a local roads improvement
18program to accelerate the improvement of seriously deteriorating local roads by
19reimbursing political subdivisions for improvements. The selection of improvements
20that may be funded under the program shall be performed by officials of each political
21subdivision, consistent with
par. (h) and the requirements of subs. (3), (3g), (3m)
, and
22(3r). The department shall notify each county highway commissioner of any deadline
23that affects eligibility for reimbursement under the program no later than 15 days
24before such deadline.
AB40-ASA1,927,7
186.31
(2) (b) Except as provided in par.
(d) (g), improvements for highway
2construction projects funded under the program shall be under contracts. Such
3contracts shall be awarded on the basis of competitive bids and shall be awarded to
4the lowest responsible bidder.
If a city or village does not receive a responsible bid
5for an improvement, the city or village may contract with a county for the
6improvement. A town may contract with a county for
the an improvement subject
7to the criteria and procedures promulgated as rules under sub. (6) (h).
AB40-ASA1,927,1310
86.31
(2) (f) Notwithstanding par. (d), if a county has prepared a written and
11sealed estimate of the cost of an improvement in connection with or anticipation of
12competitive bidding for the award of a contract for the improvement, the county may
13not itself perform the work on the improvement.
AB40-ASA1, s. 2278h
14Section 2278h. 86.31 (2) (f) of the statutes, as created by 2011 Wisconsin Act
15.... (this act), is amended to read:
AB40-ASA1,927,1916
86.31
(2) (f)
Notwithstanding par. (d), if If a county has prepared a written and
17sealed estimate of the cost of an improvement in connection with or anticipation of
18competitive bidding for the award of a contract for the improvement, the county may
19not itself perform the work on the improvement.
AB40-ASA1,927,2321
86.31
(2) (g) 1. Except as provided in par. (f), if the cost of an improvement on
22a county trunk highway is less than $100,000, the county having jurisdiction over
23the highway may perform the work on the improvement itself.
AB40-ASA1,928,3
12. If the cost of an improvement on a street is less than $100,000, the city or
2village having jurisdiction over the street may contract with the county in which the
3street is located to perform the work on the improvement.
AB40-ASA1,928,95
86.31
(2) (h) A double seal coat project on a town road may be funded under the
6program if it has a projected life of at least 10 years, similar projects in the same
7geographic area have performed satisfactorily, and the county highway
8commissioner of the county in which the project is located approves the project's
9eligibility for funding.