AB150: Bill Text

AB150, s. 3511 Section 3511. 79.14 of the statutes is amended to read:

AB150,1242,12 79.14 (title) School levy tax credit. The appropriation under s. 20.835 (3) (b) is $319,305,000 in 1994, 1995 and 1996 and is $469,305,000 in 1997 and thereafter.

AB150, s. 3512 Section 3512. 80.025 of the statutes is amended to read:

AB150,1242,22 80.025 (title) Highways abutted by state park lands in the state park system; discontinuance or relocation. Any part of a highway lying wholly within state park the boundaries of lands in the state park system may be discontinued or relocated by the state agency having jurisdiction over such abutting lands by filing written notice of such discontinuance or relocation with the town clerk or county clerk and upon approval by the supervisors after holding a hearing as provided in s. 80.05 unless such discontinuance or relocation would deprive any other owner of lands access thereto from a highway. This section does not apply to state trunk highways or connecting highways.

AB150, s. 3513 Section 3513. 80.05 (2) (b) of the statutes is amended to read:

AB150,1243,3 80.05 (2) (b) Give notice by registered mail to the department of natural resources, the department of tourism and parks and to the county land conservation committee in each county through which the highway may pass.

AB150, s. 3514 Section 3514. 80.38 (2) of the statutes is amended to read:

AB150,1243,24 80.38 (2) If 6 or more freeholders residing within the limits of the village or other plat wish any streets in the plat to be so declared public highways and opened to public use, they may apply to the town board for that purpose in the manner provided in s. 80.02. Upon that application, the town board shall make and file an order, within 10 days, declaring the streets to be public highways or refusing so to do. In either case, any person considering himself or herself aggrieved by the order may appeal to the circuit court for the same county by filing with the town clerk a notice of appeal, specifying the grounds of appeal, within 20 days from the filing of the order, together with a written undertaking of the appellant, with one or more sufficient sureties, to be approved by the town clerk for the payment of all costs that may be awarded against the appellant, and paying to the clerk the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1. Within 20 days thereafter the town clerk shall deliver to the clerk of the circuit court all the papers in the case, together with the notice of appeal, with the date of service endorsed thereon, and pay the fee prescribed in s. 814.61 (8) (a) 1. or (am) 1.; whereupon the clerk of the circuit court shall enter an action in the court record in which the appellant is the plaintiff and the town is the defendant. The issues as shown by the papers and the appeal shall be tried without further pleading, the same as in personal actions in circuit court, and judgment rendered and enforced as in other actions in which persons and municipal corporations are parties.

AB150, s. 3515 Section 3515. 80.39 (2) of the statutes is amended to read:

AB150,1244,8 80.39 (2) Notice. Upon such petition the county board or the commissioners appointed by the board shall give notice of the time and place they will meet to decide on the petition. The notice shall be published as a class 2 notice, under ch. 985. The notice shall also be given to the department secretary of natural resources and to the secretary of tourism and parks by serving a copy upon the secretary of natural resources either by registered mail or personally. If the board appoints a committee to act, the notice shall state the fact and the notice shall be signed by the commissioners, or otherwise by the chairperson of the board.

AB150, s. 3516 Section 3516. 84.01 (17) of the statutes is amended to read:

AB150,1244,16 84.01 (17) Improvements for next 6 years. In each odd-numbered year, the department of transportation shall determine, as far as possible, what improvements will be made during the following 6-year period, and shall notify the county clerks prior to November 1 of each odd-numbered year, as to the improvements in their respective counties. Such notice shall also be given to the department of natural resources, to the department of tourism and parks and to the department of agriculture, trade and consumer protection.

AB150, s. 3517 Section 3517. 84.02 (3) (a) of the statutes is amended to read:

AB150,1245,14 84.02 (3) (a) Changes may be made in the state trunk system by the department, if it deems that the public good is best served by making the changes. The department, in making the changes, may lay out new highways by the procedure under this subsection. Due notice shall be given to the localities concerned of the intention to make changes or discontinuances, and if the change proposes to lay a highway via a new location and the distance along such deviation from the existing location exceeds 2 1/2 miles, then a hearing in or near the region affected by the proposed change shall be held prior to making the change effective. The notice shall also be given to the secretary of natural resources and to the secretary of tourism and parks either by registered mail or personally. Whenever the department decides to thus change more than 2 1/2 miles of the system the change shall not be effective until the decision of the department has been referred to and approved by the county board of each county in which any part of the proposed change is situated. A copy of the decision shall be filed in the office of the clerk of each county in which a change is made or proposed. Where the distance along the deviation from the existing location exceeds 5 miles the change shall constitute an addition to the state trunk highway system. The preexisting route shall continue to be a state trunk highway unless the county board of each county in which any part of the relocation lies and the department mutually agree to its discontinuance as a state trunk highway. Whenever such county board or boards and the department cannot so agree the department shall report the problem to the next ensuing session of the legislature for determination.

AB150, s. 3518 Section 3518. 84.02 (4) (b) of the statutes is amended to read:

AB150,1246,5 84.02 (4) (b) No person shall mark any other highway routes or trails unless the route marked shall coincide exactly with the state trunk system. No such routes shall be marked until exact descriptions of the routes selected for marking have been filed with and the routes and markings approved by the department. Every route laid out and marked shall be made to conform to the state trunk system, and the person responsible for the marking of such route shall remove or erase such marks from every portion of such route which does not coincide with the state trunk highway system. The department shall report to the secretary of state department of revenue any violations of or failure to comply with the provisions of this subsection, and the secretary of state department of revenue shall thereupon revoke the privilege, license or incorporation of the offender, and the department shall cause the offending marks to be erased, removed or destroyed. The expense of such erasure, removal or destruction shall be paid out of funds appropriated to the department, and may be recovered in the name of the state from the person responsible for such unauthorized marking.

AB150, s. 3519 Section 3519. 84.05 of the statutes is amended to read:

AB150,1247,7 84.05 Railroad crossing improvements. On a highway which the department has authority to construct and which crosses a railroad, if the department determines that the construction or reconstruction of a grade separation or the rearrangement or elimination of a grade crossing or other rearrangement of the highway or tracks is necessary in the interest of public safety or for convenience of public travel, the department shall make a plan of the construction proposed and an estimate of the cost thereof, including the cost of needed right-of-way; and shall endeavor to make an arrangement with all persons concerned as to all matters involved in the plan, including the portion of the cost of the contemplated work which the persons shall defray. If the department is unable to contract with the persons concerned as to the distribution and payment of the cost of the work or the maintenance thereof, the department shall lay the matter before the office of the commissioner of railroads, and the office of the commissioner of railroads shall review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of the construction and of the maintenance which is to be paid by the persons or corporations concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be paid from the transportation fund, and issue an appropriate order. The office of the commissioner of railroads department shall determine the benefits, if any, which will inure to other highways, and apportion and charge to the units of government responsible for the construction of such other highways a fair portion of the cost. The department shall promulgate a rule establishing criteria with respect to the allocation of costs under this section. A person who is aggrieved by an order of the department under this section may, within 20 days after the date that the order is issued, request review of the order by the division of hearings and appeals. The division of hearings and appeals shall review the order in the manner provided in s. 195.325.

AB150, s. 3520 Section 3520. 84.25 (11) of the statutes is amended to read:

AB150,1247,13 84.25 (11) Commercial enterprises. No commercial enterprise, except a vending facility which is licensed by the department of health and social services industry, labor and human relations and operated by blind or visually impaired persons, shall be authorized or conducted within or on property acquired for or designated as a controlled-access highway.

AB150, s. 3521 Section 3521. 84.28 (1) of the statutes is amended to read:

AB150,1248,6 84.28 (1) Moneys from the appropriation under s. 20.370 (1) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources or the department of tourism and parks. Moneys from the appropriation under s. 20.370 (1) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Wisconsin state riverway as defined in s. 30.40 (15). Outside the lower Wisconsin state riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property, moneys from the appropriation under s. 20.370 (1) (mr) may be expended for the renovation, marking and maintenance of roads which the department of natural resources certifies are certified under sub. (1m) as being utilized by a substantial number of visitors to state parks, state forests or other property under the jurisdiction of the department of natural resources . The department of natural resources shall authorize expenditures under this subsection. The department of natural resources shall rank projects eligible for assistance under a priority system and funding may be restricted to those projects with highest priority or the department of parks and tourism.

AB150, s. 3522 Section 3522. 84.28 (1m) of the statutes is created to read:

AB150,1248,10 84.28 (1m) (a) For each fiscal year, the department of natural resources and the department of tourism and parks shall enter into an agreement to do all of the following to determine the expenditures under sub. (1):

AB150,1248,13 1. Certify which roads are being used by a substantial number of visitors to state parks, state forests or other properties under the jurisdiction of either department.

AB150,1248,14 2. Establish a priority system to rank projects eligible for assistance.

AB150,1248,16 3. Determine which projects are eligible for assistance and authorize the expenditures for those projects.

AB150,1248,18 (b) The secretary of administration shall resolve any disputes between the departments concerning the agreement regarding the duties specified in par. (a).

AB150, s. 3523 Section 3523. 84.28 (2) of the statutes is amended to read:

AB150,1249,19 84.28 (2) The department of transportation may administer a program for the construction, maintenance and marking of roads, including fire roads, service areas, trailer or vehicle parking stalls or parking areas and other facilities consistent with highway construction and for the marking of scenic routes in the state parks, state forests, the lower Wisconsin state riverway as defined under s. 30.40 (15), state fish hatcheries, other public used areas under the jurisdiction of the department of natural resources or the department of tourism and parks and other public lands as defined in ch. 24, for highways or fire roads leading from the most convenient state trunk highways to such lands, and for the relocation and construction of state trunk highways in or near state parks when required in the interests of public safety. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority or with the approval of the department of transportation, upon the request for such work filed by the department of natural resources having jurisdiction as to the lower Wisconsin state riverway, as defined in s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of the public lands as to other classes of public lands. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest and public land areas, direct connections to the most convenient state trunk highway may be built or maintained under this section. Roads in unincorporated areas within 5 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh wildlife area may be built or maintained under this section upon request of the town board, if the department of transportation certifies that such roads are or will be used by a substantial number of visitors to such area. Costs incurred under this section shall be the responsibility of the department of natural resources, department of tourism and parks, commissioners of public lands or town board, as appropriate.

AB150, s. 3524 Section 3524. 85.013 (3) of the statutes is created to read:

AB150,1250,4 85.013 (3) The division of hearings and appeals shall, in conducting any hearing or review for the department under s. 227.43 (1) (bk), give due weight to the experience, technical competence and specialized knowledge of the department as well as discretionary authority conferred upon the department, and great weight to the department's interpretation of the statutes that it administers and rules promulgated under those statutes. If there is a conflict between this subsection and any other statute relating to any hearing or review conducted by the division of hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of this subsection control.

AB150, s. 3525 Section 3525. 85.09 (4m) of the statutes is amended to read:

AB150,1250,10 85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of industry, labor and human relations development.

AB150, s. 3526 Section 3526. 85.14 (2) of the statutes is amended to read:

AB150,1250,17 85.14 (2) The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under s. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the state treasurer shall pay the charges from moneys under s. 59.20 (8) and (8m) that are reserved for payment of the charges under s. 14.58 (21) 16.413 (1) (s).

AB150, s. 3527 Section 3527. 86.12 (2) of the statutes is amended to read:

AB150,1250,24 86.12 (2) If a railroad company fails to comply with the resolution in sub. (1) within 30 days after service of the resolution, the county board, common council, village board or town board may file a complaint with the office department alleging the failure. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.

AB150, s. 3528 Section 3528. 86.13 (3) of the statutes is amended to read:

AB150,1251,8 86.13 (3) If any railroad company fails to grade, construct, pave, surface or otherwise improve or maintain in good and safe condition for public travel as required by this section any street or highway crossing after having been notified so to do by the officer in charge thereof or of the highway improvement for 30 days after such notification, the highway authorities may file a complaint with the office department. The office department shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.

AB150, s. 3529 Section 3529. 88.05 (6) of the statutes is amended to read:

AB150,1251,12 88.05 (6) Railroad companies shall file with the secretary of state department of revenue a document stating the name and post-office address of the person upon whom any notice required by this chapter may be served.

AB150, s. 3530 Section 3530. 88.66 (2) of the statutes is amended to read:

AB150,1252,2 88.66 (2) Every district whose drains cross the right-of-way of a railway company is liable to such company for the reasonable cost of opening its right-of-way and also for the cost of the culverts and bridges made necessary by such drain. The drainage board shall include such costs in its cost of construction, as set forth in its report of benefits and damages, and shall award them as damages to the railway company. The bridge or culvert shall be designed by the district's engineer and the design submitted to the railway company for approval. If a dispute arises as to the adequacy of the design, either party may submit the dispute to the office of the commissioner of railroads division of hearing and appeals in the department of administration by filing with the office division of hearings and appeals a statement as to the facts involved and the nature of the dispute. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB150, s. 3531 Section 3531. 88.87 (4) of the statutes is amended to read:

AB150,1252,10 88.87 (4) If a railway company fails to comply with sub. (2), any person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearing and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB150, s. 3532 Section 3532. 88.88 (2) of the statutes is amended to read:

AB150,1252,18 88.88 (2) If the railway company fails to comply with sub. (1), the person aggrieved thereby may file a complaint with the office of the commissioner of railroads division of hearings and appeals in the department of administration setting forth the facts. The office division of hearings and appeals shall investigate and determine the matter in controversy in accordance with ch. 195, and any order it makes in such proceeding has the same effect as an order in any other proceeding properly brought under ch. 195.

AB150, s. 3533 Section 3533. 91.01 (6) of the statutes is amended to read:

AB150,1253,3 91.01 (6) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted primarily to agricultural use, including land designated by the department of natural resources as part of the ice age trail under s. 23.17 27.0135, which during the year preceding application for a farmland preservation agreement produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding application produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which at least 35 acres, during part or all of the year preceding application, were enrolled in the conservation reserve program under 16 USC 3831 to 3836.

AB150, s. 3534 Section 3534. 91.07 of the statutes is repealed.

AB150, s. 3535 Section 3535. 91.13 (8) (c) of the statutes is amended to read:

AB150,1253,11 91.13 (8) (c) A structure or improvement made as an incident to a scenic, access or utility easement or license, a lease for oil and natural gas exploration and extraction, and an easement granted for the purpose of using land as, or land used as, part of the ice age trail under ss. 23.17 and 23.293 27.0135 and 27.0136 and structures and improvements made as an incident to that use or those easements, is consistent with agricultural use under pars. (a) and (b).

AB150, s. 3536 Section 3536. 91.13 (8) (fm) of the statutes is repealed.

AB150, s. 3537 Section 3537. 91.17 of the statutes is amended to read:

AB150,1253,19 91.17 Change of ownership. (1) Land subject to a farmland preservation agreement may be sold without a lien being filed under s. 91.19, subject to the reservation of rights contained in the agreement. The seller shall notify the department of any such transfer. The purchaser shall be liable under any subsequent lien under s. 91.19 only for the amount of tax credits paid on that portion of the land purchased.

AB150,1253,23 (2) When the owner of land subject to a farmland preservation agreement dies or is certified by a physician to be totally and permanently disabled, the land may be released from the program under this chapter and shall not be subject to a lien under s. 91.19 (8).

AB150,1254,5 (3) A residence or structure located on a parcel of 5 acres or less which is subject to an agreement and which may, for purposes of farm consolidation and, be separated from other land subject to that agreement in compliance with the ordinances of the city, village or town and county in which it is located, is separated from other land subject to that agreement is not subject to a lien under s. 91.19 when that agreement expires if the residence or structure existed prior to the effective date of that agreement.

AB150, s. 3538 Section 3538. 91.19 (3) of the statutes is amended to read:

AB150,1254,15 91.19 (3) If the request for relinquishment of the farmland preservation agreement or release of part of the land from the agreement is approved by the local governing body having jurisdiction, a copy of the application, along with the comments and recommendations of the reviewing agencies, shall be forwarded to the board. The board shall, within 60 days, upon consideration of the factors in sub. (2) (b) and (c) 2., approve or reject the application for relinquishment or release. If the board approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

AB150, s. 3539 Section 3539. 91.19 (5) of the statutes is amended to read:

AB150,1255,2 91.19 (5) If the application for relinquishment of the agreement or release of part of the land from the agreement is rejected by the local governing body having jurisdiction, the application shall be returned to the applicant with a written statement regarding the reasons for rejection. Within 30 days after receipt of the rejected application, the applicant may appeal the rejection to the board. The board shall, within 60 days after the appeal has been received, upon consideration of the factors listed in sub. (2) (b) and (c) 2., approve or reject the request for relinquishment or release. If the board approves the application it shall notify the local governing body having jurisdiction and the department of revenue, prepare an instrument under sub. (7) and record it with the register of deeds of the county in which the land is located.

AB150, s. 3540 Section 3540. 91.19 (6s) (a) (intro.) of the statutes is amended to read:

AB150,1255,7 91.19 (6s) (a) (intro.) The department may release from a farmland preservation agreement any land acquired or to be acquired by a local unit of government, as defined in s. 16.20 106.215 (1) (e), for public improvements or structures, including highway improvements, if all of the following occur:

AB150, s. 3541 Section 3541. 91.19 (7) to (13) of the statutes are repealed.

AB150, s. 3542 Section 3542. 91.23 of the statutes is amended to read:

AB150,1255,14 91.23 Conversion. An owner under a farmland preservation agreement may at any time apply for a transition area agreement, and an owner under a transition area agreement may at any time apply for a farmland preservation agreement. If such an application is approved, the prior agreement shall be relinquished without a lien being filed under s. 91.19.

AB150, s. 3543 Section 3543. 91.24 of the statutes is created to read:

AB150,1255,18 91.24 Liens have no effect. A lien recorded under s. 91.19 (7) to (13), 1993 stats., s. 91.37, 1993 stats., s. 91.77 (2), 1993 stats., or s. 91.79, 1993 stats., has no effect.

AB150, s. 3544 Section 3544. 91.37 of the statutes is repealed.

AB150, s. 3545 Section 3545. 91.41 of the statutes is amended to read:

AB150,1256,2 91.41 Conversion. Any person subject to a farmland preservation agreement under this subchapter may apply under subch. II whenever the county in which the land is located adopts a certified agricultural preservation plan under subch. IV or whenever the farmland becomes subject to a certified exclusive agricultural use zoning ordinance under subch. V. In such case, the farmland preservation agreement under this chapter subchapter shall be relinquished under s. 91.19 without a lien being filed.

AB150, s. 3546 Section 3546. 91.75 (6) of the statutes is amended to read:

AB150,1256,9 91.75 (6) For purposes of farm consolidation and if permitted by local regulation, farm residences or structures which existed prior to the adoption of the ordinance may be separated from a larger farm parcel. Farm residences or structures with up to 5 acres of land which are separated from a larger farm parcel under this section are not subject to the lien under s. 91.19 (8) to (10), as required in s. 91.77 (2) or 91.79.

AB150, s. 3547 Section 3547. 91.75 (7) of the statutes is amended to read:

AB150,1256,16 91.75 (7) A structure or improvement made as an incident to a lease for oil and natural gas exploration and extraction, and an easement granted for the purpose of using land as, or land used as, part of the ice age trail under ss. 23.17 and 23.293 27.0135 and 27.0136 and structures and improvements made as an incident to that use or those easements, is consistent with agricultural uses under sub. (3) and may be permitted as a special exception or conditional use under sub. (5).

AB150, s. 3548 Section 3548. 91.77 (2) of the statutes is repealed.

AB150, s. 3549 Section 3549. 91.79 of the statutes is repealed.

AB150, s. 3550 Section 3550. 92.14 (4r) of the statutes is amended to read:

AB150,1256,23 92.14 (4r) Requesting transfer of funds. The department shall submit a request to the joint committee on finance for the transfer of funds from the appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7) (qd) if necessary to provide grants under sub. (4) (c).

AB150, s. 3551 Section 3551. 92.14 (5) (b) of the statutes is amended to read:

AB150,1257,4 92.14 (5) (b) The department, with the approval of the board, may request the department of natural resources to transfer funds from the appropriation account under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s. 20.115 (7) (km) if the funds are needed to pay grants under par. (a).

AB150, s. 3552 Section 3552. 93.02 of the statutes is amended to read:

AB150,1257,10 93.02 Staff. The secretary shall appoint all staff necessary for the carrying out of the duties of the department, all of whom shall be under the classified service except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a), the administrators of divisions. Each such deputy secretary, executive assistant or administrator shall be appointed by the secretary with the approval of the board.

AB150, s. 3553 Section 3553. 93.06 (10m) of the statutes is repealed.

AB150, s. 3554 Section 3554. 93.07 (10) (a) of the statutes is renumbered 93.07 (10) and amended to read:

AB150,1257,22 93.07 (10) Animal health; quarantine. To protect the health of domestic animals of the state; to determine and employ the most efficient and practical means for the prevention, suppression, control and eradication of communicable diseases among domestic animals, and for these purposes it may establish, maintain, enforce and regulate such quarantine and such other measures relating to the importation, movement and care of animals and their products, the disinfection of suspected localities and articles, and the disposition of animals, as the department may deem necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply to this paragraph subsection.

AB150, s. 3555 Section 3555. 93.07 (10) (b) of the statutes is repealed.

AB150, s. 3556 Section 3556. 93.07 (22) of the statutes is repealed.