AB402: Bill Text

AB402,27,11 20.395 (3) (iq) Administration and planning, state funds. The amounts in the schedule for the administration and planning of departmental programs by the division of highways and transportation services under subs. (1) to (3) and for activities related to railroad regulation under chs. 190 to 195.

AB402,27,12 *-3069/1* Section 25. 20.395 (3) (iv) of the statutes is amended to read:

AB402,27,16 20.395 (3) (iv) Administration and planning, local funds. All moneys received from any local unit of government or other source for the administration and planning of departmental programs by the division of highways and transportation services under subs. (1) to (3), for such purposes.

AB402,27,17 *-3069/1* Section 26. 20.395 (3) (ix) of the statutes is amended to read:

AB402,27,22 20.395 (3) (ix) Administration and planning, federal funds. All moneys received from the federal government for the administration and planning of departmental programs by the division of highways and transportation services under subs. (1) to (3) and for activities related to railroad regulation under chs. 190 to 195, for such purposes.

AB402,27,23 *-3009/2.3* Section 27. 20.505 (1) (md) of the statutes is amended to read:

AB402,28,2 20.505 (1) (md) Oil overcharge restitution funds. All federal moneys received as oil overcharge funds, as defined in s. 14.065 (1), for expenditure under proposals approved by the joint committee on finance under s. 14.065 and for transfers under 1993 Wisconsin Act 16, section 9201 (1z).

AB402,28,3 *-2196/3.1* Section 28. 20.566 (1) (u) of the statutes is amended to read:

AB402,28,7 20.566 (1) (u) (title) Motor fuel tax and oil company franchise fee administration. From the transportation fund, the amounts in the schedule to cover the costs, including data processing costs, incurred in administering the motor fuel tax law, except s. 341.45, and the oil company franchise fee law.

AB402,28,8 *-2199/4.1* Section 29. 20.866 (2) (uv) of the statutes is amended to read:

AB402,28,12 20.866 (2) (uv) Transportation, harbor improvements. From the capital improvement fund, a sum sufficient for the department of transportation to provide grants for harbor improvements. The state may contract public debt in an amount not to exceed $9,000,000 $12,000,000 for this purpose.

AB402,28,13 *-2194/3.2* Section 30. 20.866 (2) (uw) of the statutes is amended to read:

AB402,28,21 20.866 (2) (uw) Transportation; rail acquisitions and improvements. From the capital improvement fund, a sum sufficient for the department of transportation to acquire railroad property under ss. 85.08 (2) (L) and 85.09; and to provide grants and loans for rail property acquisitions and improvements under s. 85.08 (4m) (c) and (d); and to credit the appropriation account under s. 20.395 (2) (bt) as reimbursement for initial temporary funding of acquisitions, grants or loans authorized under 1993 Wisconsin Act 16, section 9154 (4n). The state may contract public debt in an amount not to exceed $10,000,000 $14,500,000 for these purposes.

AB402,28,22 *-2196/3.2* Section 31. 25.40 (1) (a) 3. of the statutes is amended to read:

AB402,28,24 25.40 (1) (a) 3. Revenues collected under s. 341.25 or ch. 140 that are pledged to the fund created under s. 84.59 (2).

AB402,29,2 *-2220/2* Section 32. 32.05 (8) (a) of the statutes is repealed and recreated to read:

AB402,29,3 32.05 (8) (a) In this subsection:

AB402,29,4 1. "Comparable replacement business" has the meaning given in s. 32.19 (2) (c).

AB402,29,5 2. "Condemnor" has the meaning given in s. 32.185.

AB402,29,6 *-2220/2* Section 33. 32.05 (8) (c) of the statutes is amended to read:

AB402,29,16 32.05 (8) (c) The condemnor may not require the persons who occupied the premises on the date that title vested in the condemnor to vacate until a comparable replacement property is made available, except that whenever a business is condemned for transportation purposes, the condemnor may require the persons who occupied the business on the date that title vested in the condemnor to vacate without providing a comparable replacement business. This paragraph does not apply to any person who waives his or her right to receive relocation benefits or services under s. 32.197 or who is not a displaced person, as defined under s. 32.19 (2) (e), unless the acquired property is part of a program or project receiving federal financial assistance.

AB402,29,17 *-2220/2* Section 34. 32.25 (2) (b) of the statutes is amended to read:

AB402,29,22 32.25 (2) (b) Assist owners of displaced business concerns and farm operations in obtaining and becoming established in suitable replacement business locations or replacement farms, except that whenever a condemnor intends to condemn a business for transportation purposes, the condemnor is not required to identify specific locations in the plan.

AB402,29,23 *-2220/2* Section 35. 32.25 (2) (c) of the statutes is amended to read:

AB402,30,3 32.25 (2) (c) Assist displaced owners or renters in the location of comparable dwellings and assist persons displaced from farm operations in the location of comparable replacement farm operations.

AB402,30,4 *-1289/2.1* Section 36. 70.337 (7) of the statutes is amended to read:

AB402,30,10 70.337 (7) This section does not apply to property that is exempt under s. 70.11 (13), (13m), (15), (15m), (21) or (30), property that is exempt under s. 70.11 (18) if a payment in lieu of taxes is made for that property, lake beds owned by the state, state forests under s. 28.03 or 28.035, county forests under s. 28.10, property acquired by the department of transportation under s. 85.08 (2) (L) or 85.09 or highways, as defined in s. 340.01 (22).

AB402,30,11 *-2196/3.3* Section 37. 73.01 (4) (a) of the statutes is amended to read:

AB402,31,2 73.01 (4) (a) Subject to the provisions for judicial review contained in s. 73.015, the commission shall be the final authority for the hearing and determination of all questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss. 70.11 (21), 70.38 (4) (a), 70.397, 70.64, 70.995 (8), 76.38 (12) (a), 76.39 (4) (c), 76.48 (6), 77.26 (3), 77.59 (6) (b), 78.01, 78.22, 78.40, 78.555, 139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76 and 139.78, subch. XIV of ch. 71 and, subch. VII of ch. 77 and ch. 140. Whenever with respect to a pending appeal there is filed with the commission a stipulation signed by the department of revenue and the adverse party, under s. 73.03 (25), agreeing to an affirmance, modification or reversal of the department's position with respect to some or all of the issues raised in the appeal, the commission shall enter an order affirming or modifying in whole or in part, or canceling the assessment appealed from, or allowing in whole or in part or denying the petitioner's refund claim, as the case may be, pursuant to and in accordance with the stipulation filed. No responsibility shall devolve upon the commission, respecting the signing of an order of dismissal as to any pending appeal settled by the department without the approval of the commission.

AB402,31,3 *-1054/3.1* Section 38. 78.005 (13g) of the statutes is created to read:

AB402,31,6 78.005 (13g) "Recreational motorboat" means a motorboat used predominately for entertainment, amusement or recreation, whether or not it is used in a trade or business.

AB402,31,7 *-1054/3.2* Section 39. 78.01 (2) (e) of the statutes is amended to read:

AB402,31,11 78.01 (2) (e) Gasoline sold for nonhighway use other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat or in mobile machinery and equipment and delivered directly into the consumer's storage tank in an amount of not less than 100 gallons.

AB402,31,12 *-1054/3.3* Section 40. 78.01 (2m) (f) of the statutes is amended to read:

AB402,31,16 78.01 (2m) (f) It is sold for off-highway use other than use in a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat if no claim for a refund for the tax on the diesel fuel may be made under s. 78.75 (1m) (a) 3.

AB402,31,17 *-1054/3.4* Section 41. 78.40 (1) of the statutes is amended to read:

AB402,32,5 78.40 (1) Imposition of tax and by whom paid. An excise tax at the rate determined under s. 78.405 is imposed on the use of alternate fuels. The tax, with respect to all alternate fuel delivered by an alternate fuel dealer into supply tanks of motor vehicles in this state, attaches at the time of delivery and shall be collected by the dealer from the alternate fuels user and shall be paid to the department. The tax, with respect to alternate fuels acquired by any alternate fuels user other than by delivery by an alternate fuel dealer into a fuel supply tank of a motor vehicle, or of a snowmobile, an all-terrain vehicle that is not registered for private use under s. 23.33 (2) (d) or a recreational motorboat, attaches at the time of the use of the fuel and shall be paid to the department by the user. The department may permit any supplier of alternate fuels to report and pay to the department the tax on alternate fuels delivered into the storage facility of an alternate fuels user or retailer which will be consumed for alternate fuels tax purposes or sold at retail.

AB402,32,6 *-1054/3.5* Section 42. 78.75 (1m) (a) 2. of the statutes is amended to read:

AB402,32,12 78.75 (1m) (a) 2. A person who uses motor vehicle fuel or an alternate fuel upon which has been paid the tax required under this chapter for the purpose of operating a snowmobile, as defined under s. 340.01 (58a), an aircraft, as defined under s. 78.55 (2), or a motorboat, as defined under s. 30.50 (6), unless the motorboat is exempt from registration as a motor vehicle under s. 341.05 (20) not a recreational motorboat, may not be reimbursed or repaid the amount of tax paid.

AB402,32,13 *-1054/3.6* Section 43. 78.75 (1m) (a) 3. of the statutes is amended to read:

AB402,33,2 78.75 (1m) (a) 3. Claims under subd. 1 shall be made and filed upon forms prescribed and furnished by the department. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for motorboats, except motorboats exempt from registration as motor vehicles under s. 341.05 (20) and recreational motorboats, or motor vehicle fuel or alternate fuels used for snowmobiles and that the estimated snowmobile motor vehicle fuel or alternate fuels tax payments are used for snowmobile trails and areas. The forms shall indicate that refunds are not available for motor vehicle fuel or alternate fuels used for all-terrain vehicles unless the all-terrain vehicle is registered for private use under s. 23.33 (2) (d) and shall indicate that estimated all-terrain vehicle motor vehicle fuel or alternate fuels tax payments are used for all-terrain vehicle trails and areas. The forms shall also indicate that refunds are not available for the tax on less than 100 gallons. The department shall distribute forms in sufficient quantities to each county clerk.

AB402,33,3 *-0653/2.2* Section 44. 84.01 (30) of the statutes is created to read:

AB402,33,9 84.01 (30) Environmental clean-up activities. From the appropriation under s. 20.395 (3) (aq), the department may fund environmental clean-up activities on lands acquired by the department that are not eligible to receive funding for such activities as part of a highway improvement project. Nothing in this subsection relieves a person from any responsibility to reimburse the department for any costs incurred by the department under this subsection.

AB402,33,11 *-3079/2.1* Section 45. 84.013 (3) (kb) to (km) of the statutes are created to read:

AB402,33,14 84.013 (3) (kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.

AB402,33,18 (kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.

AB402,33,22 (km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire freeway, in Eau Claire and Chippewa counties.

AB402,33,23 *-3079/2.2* Section 46. 84.013 (3) (ye) of the statutes is amended to read:

AB402,33,25 84.013 (3) (ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.

AB402,34,1 *-0652/1.10* Section 47. 84.076 (5) of the statutes is amended to read:

AB402,34,3 84.076 (5) Sunset. This section does not apply after June 30, 1995 September 30, 1997.

AB402,34,4 *-2196/3.4* Section 48. 84.59 (2) of the statutes is amended to read:

AB402,34,10 84.59 (2) The department may, under s. 18.56 (5) and (9) (j), deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, revenues derived under s. 341.25 and ch. 140. 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.

AB402,34,11 *-2189/2.1* Section 49. 84.59 (6) of the statutes is amended to read:

AB402,34,19 84.59 (6) Revenue obligations may be contracted by the building commission 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. Revenue obligations issued under this section shall not exceed $950,834,000 $1,074,514,500 in principal amount, excluding obligations issued to refund outstanding revenue obligations. Not more than $841,634,000 $1,031,634,300 of the $950,834,000 $1,074,514,500 may be used for transportation facilities under s. 84.01 (28) and major highway projects under ss. 84.06 and 84.09.

AB402,34,20 *-2194/3.3* Section 50. 85.08 (4m) (e) 1. of the statutes is amended to read:

AB402,35,4 85.08 (4m) (e) 1. Upon the request of an eligible applicant, the department may negotiate and enter into a loan agreement with the eligible applicant for purposes of rehabilitating a rail line or to finance an economic development and transportation efficiency project, including a project designed to promote safety or the viability of a statewide system of freight rail service, to assist intermodal freight movement or to provide industry access to a rail line. A loan made under this paragraph shall finance a project that confers a public benefit or enhances economic development in this state. Loans made under this paragraph shall be paid from the appropriation under s. 20.395 (2) (bt), (bu), (bw) or (bx).

AB402,35,6 *-2201/5.5* Section 51. 85.20 (4m) (a) of the statutes is renumbered 85.20 (4m) (a) (intro.) and amended to read:

AB402,35,13 85.20 (4m) (a) (intro.) From the amounts appropriated under s. 20.395 (1) (bq), an amount equal to 42% of the projected operating expenses of each eligible applicant's urban mass transit system An amount shall be allocated to each eligible applicant. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system. The department shall make allocations as follows:

AB402,35,15 *-2201/5.6* Section 52. 85.20 (4m) (a) 1. to 3. of the statutes are created to read:

AB402,35,18 85.20 (4m) (a) 1. From the appropriation under s. 20.395 (1) (bq), the uniform percentage for an urban mass transit system operating within an urban area having a population as shown in the 1990 federal decennial census of less than 50,000.

AB402,35,23 2. From the appropriation under s. 20.395 (1) (bs), the uniform percentage for an urban mass transit system operating within an urban area having a population as shown in the 1990 federal decennial census of at least 50,000 but not more than 200,000 and meeting the federal definition of urbanized area for the purpose of federal mass transit aid.

AB402,36,2 3. From the appropriation under s. 20.395 (1) (bu), the uniform percentage for an urban mass transit system operating within an urban area having a population as shown in the 1990 fedeeral decennial census of more than 200,000 and meeting the federal definition of urbanized area for the purpose of federal mass transit aid.

AB402,36,3 *-2201/5.7* Section 53. 85.20 (4m) (am) of the statutes is repealed.

AB402,36,5 *-2197/2.1* Section 54. 85.20 (4m) (b) 2. of the statutes is renumbered 85.20 (4m) (b) 2. (intro.) and amended to read:

AB402,36,10 85.20 (4m) (b) 2. (intro.) Subdivision 1 does not apply to an An eligible applicant that is served exclusively by a shared-ride taxicab system. shall provide a local contribution, exclusive of user fees, toward operating expenses in an amount equal to the following percentages of state aid allocations to that eligible applicant under this section:

AB402,36,12 *-2197/2.2* Section 55. 85.20 (4m) (b) 2. a. to d. of the statutes are created to read:

AB402,36,13 85.20 (4m) (b) 2. a. At least 5% for calendar year 1996.

AB402,36,14 b. At least 10% for calendar year 1997.

AB402,36,15 c. At least 15% for calendar year 1998.

AB402,36,16 d. At least 20% for calendar year 1999 and for each calendar year thereafter.

AB402,36,17 *-2201/5.8* Section 56. 85.20 (4m) (e) of the statutes is repealed.

AB402,36,18 *-2201/5.9* Section 57. 85.20 (4m) (em) 1. of the statutes is amended to read:

AB402,36,21 85.20 (4m) (em) 1. An amount equal to 42% the same percentage of the audited operating expenses for the project year of the applicant's urban mass transit system that is specified for allocations to the applicant under par. (a) 1. to 3.

AB402,36,22 *-2201/5.10* Section 58. 85.20 (4s) of the statutes is amended to read:

AB402,37,2 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (bq), (bs) or (bu).

AB402,37,3 *-2201/5.11* Section 59. 85.20 (7) of the statutes is created to read:

AB402,37,10 85.20 (7) Cost-efficiency standards. (a) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. to 3. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection:

AB402,37,11 1. Exclude those costs from operating expenses for purposes of sub. (4m).

AB402,37,12 2. Reduce the amount of state aid allocation under sub. (4m) (a).

AB402,37,14 (b) The department shall specify by rule the cost-efficiency standards under this subsection, including rules for the implementation of par. (a) 1. and 2.

AB402,37,16 *-2201/5.12* Section 60. 85.24 (3) (d) (intro.) of the statutes is amended to read:

AB402,37,25 85.24 (3) (d) (intro.) The department may award grants from the appropriation under s. 20.395 (1) (bs) (ds) to public and private organizations for the development and implementation of demand management and ride-sharing programs. As a condition of obtaining a grant under this paragraph, a public or private organization may be required to provide matching funds at any percentage. The department shall give priority in the awarding of grants to those programs that provide the greatest reduction in automobile trips, especially during peak hours of traffic congestion. The department shall have all powers necessary and convenient to implement this paragraph, including the following powers:

AB402,38,1 *-2217/3.1* Section 61. 85.243 (title) of the statutes is amended to read:

AB402,38,3 85.243 (title) Surface transportation discretionary grants projects program.

AB402,38,4 *-2217/3.2* Section 62. 85.243 (2) (a) of the statutes is amended to read:

AB402,38,15 85.243 (2) (a) The department shall administer a surface transportation discretionary grants projects program to promote the development and implementation of surface transportation projects that foster the diverse transportation needs of the people of this state. Annually, the department may make grants to eligible applicants and other state agencies for surface transportation projects that promote nonhighway use or that otherwise supplement existing transportation activities. A grant may not exceed 80% of the total cost of a project. The department shall give priority to funding projects that foster alternatives to single-occupancy automobile trips. In deciding whether to award a grant under this section, the department may consider whether other funding sources are available for the proposed project.

AB402,38,16 *-2217/3.3* Section 63. 85.243 (2) (b) 5. of the statutes is created to read:

AB402,38,17 85.243 (2) (b) 5. To conduct a project.