SB45: Bill Text

SB45,919,18 85.20 (6) (d) Accept federal aid, if directed by the department to accept that aid. This paragraph applies only to eligible applicants described in sub. (4m) (a) 7m.

SB45, s. 1850 Section 1850. 85.22 (2) (am) (intro.) of the statutes is amended to read:

SB45,919,22 85.22 (2) (am) (intro.) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under 49 USC Appendix 1612 (b) (2) and is one of the following:

SB45, s. 1851 Section 1851. 85.22 (4) of the statutes is renumbered 85.22 (4) (a) (intro.) and amended to read:

SB45,920,4 85.22 (4) (a) (intro.) Commencing with the highest ranked application and to the extent that state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed 80% any of the following:

SB45,920,6 1. The percentage, specified by the department by rule, of the estimated capital project costs.

SB45,920,8 (b) State aids available under this section shall not be available for operating purposes.

SB45, s. 1852 Section 1852. 85.22 (4) (a) 2. of the statutes is created to read:

SB45,920,12 85.22 (4) (a) 2. For the specific type or category of capital equipment for which aid is paid, the percentage of the estimated capital costs that are eligible for federal aid.

SB45, s. 1853 Section 1853. 85.50 of the statutes is repealed.

SB45, s. 1854 Section 1854. 85.515 of the statutes, as created by 1997 Wisconsin Act 84, is amended to read:

SB45,920,23 85.515 Implementation of 1997 Wisconsin Act 84. If the secretary determines that the changes to the department's computerized information systems made necessary by 1997 Wisconsin Act 84 will be operational before May 1, 2000 2001, the secretary shall publish a notice in the Wisconsin Administrative Register that states the date on which the changes to the department's computerized information system will begin operating, and that the clearly states which portion of revisions to the operator's license suspension and revocation law made by 1997 Wisconsin Act 84 will become effective on that date.

SB45, s. 1855 Section 1855. 85.52 (5) (c) of the statutes is amended to read:

SB45,921,8 85.52 (5) (c) The department of administration may, under s. 18.56 18.561 (5) and (9) (j) or 18.562 (3) and (5) (e), deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.405 (2). The revenues deposited with a trustee outside the state treasury 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 subsection.

SB45, s. 1856 Section 1856. 86.30 (2) (a) 1. of the statutes is amended to read:

SB45,921,15 86.30 (2) (a) 1. Except as provided in pars. (b), (d) and (dm) and s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under subd. 2. and to each municipality shall be the aids amount calculated under subd. 2. or 3., whichever is greater. If the amounts calculated for a municipality under subd. 2. or 3. are the same, transportation aids to that municipality shall be paid under subd. 2.

SB45, s. 1857 Section 1857. 86.30 (2) (a) 3. f. of the statutes is repealed.

SB45, s. 1858 Section 1858. 86.30 (2) (a) 3. g. of the statutes is amended to read:

SB45,921,18 86.30 (2) (a) 3. g. In calendar year years 1998 and thereafter 1999, $1,596.

SB45, s. 1859 Section 1859. 86.30 (2) (a) 3. h. of the statutes is created to read:

SB45,921,20 86.30 (2) (a) 3. h. In calendar year 2000 and thereafter, $1,644.

SB45, s. 1860 Section 1860. 86.30 (2) (b) 1. of the statutes is amended to read:

SB45,922,2 86.30 (2) (b) 1. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 2. may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment or a decrease in its annual transportation aid payment in excess of 5% 2% of its last previous calendar year transportation aid payment.

SB45, s. 1861 Section 1861. 86.30 (2) (b) 1g. of the statutes is amended to read:

SB45,922,7 86.30 (2) (b) 1g. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 3. may receive a decrease in its annual transportation aid payment in excess of 5% 2% of its last previous calendar year transportation aid payment.

SB45, s. 1862 Section 1862. 86.30 (9) (b) of the statutes is amended to read:

SB45,922,14 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $70,644,200 in calendar year 1997 and $78,744,300 in calendar year years 1998 and 1999 and $81,106,600 in calendar year 2000 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.

SB45, s. 1863 Section 1863. 86.30 (9) (c) of the statutes is amended to read:

SB45,922,21 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $222,255,300 in calendar year 1997 and $247,739,100 in calendar year years 1998 and 1999 and $254,784,900 in calendar year 2000 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.

SB45, s. 1864 Section 1864. 86.302 (title) of the statutes is repealed and recreated to read:

SB45,922,23 86.302 (title) Local roads; inventory and assessment.

SB45, s. 1865 Section 1865. 86.302 (1) of the statutes is renumbered 86.302 (1g) and amended to read:

SB45,923,10 86.302 (1g) Except as provided in sub. (1m), beginning on January 1, 2001, the board of every town, village and county, and the governing body of every city, shall file with the department and with the county clerk not later than December 15 of every odd-numbered year, a certified plat of such town, village, city the municipality or county showing the roads and streets highways under their its jurisdiction and the mileage thereof to be open and used for travel as of the succeeding January 1, which may be used by the. The department may use the plats in making computations of transportation aids. One-half of the mileage of roads or streets highways on boundary lines shall be considered as lying in each town, village, city municipality or county.

SB45, s. 1866 Section 1866. 86.302 (1d) of the statutes is created to read:

SB45,923,12 86.302 (1d) (a) "Highway" has the meaning given in s. 340.01 (22).

SB45,923,13 (b) "Municipality" means a city, village or town.

SB45, s. 1867 Section 1867. 86.302 (1m) (a) of the statutes is renumbered 86.302 (1m) (a) 1. and amended to read:

SB45,923,21 86.302 (1m) (a) 1. The board of a town, village or county and the governing body of a city need not file a certified plat under sub. (1) if the town, village, In lieu of filing a certified plat under sub. (1g), if a municipality or county or city has not added or deleted jurisdictional mileage since filing its last preceding certified plat under sub. (1) (1g), its board or governing body may file a certified statement to that effect with the department.

SB45, s. 1868 Section 1868. 86.302 (1m) (a) 2. of the statutes is created to read:

SB45,923,25 86.302 (1m) (a) 2. Notwithstanding subd. 1., the department may require every municipality and county to file a certified plat under sub. (1g) with the department in the year after the year in which a federal decennial census is conducted.

SB45, s. 1869 Section 1869. 86.302 (1m) (b) of the statutes is amended to read:

SB45,924,8 86.302 (1m) (b) Upon incorporation of a village or city, the board of the village and the governing body of the city shall file with the department and with the county clerk a certified plat of the village or city showing the roads and streets highways under its jurisdiction and the mileage thereof to be open and used for travel as of the date of incorporation, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets highways on boundary lines shall be considered as lying in the village or city.

SB45, s. 1870 Section 1870. 86.302 (2) of the statutes is amended to read:

SB45,924,22 86.302 (2) Not later than December 15, 2001, and biennially thereafter, each municipality and county shall assess the physical condition of highways under its jurisdiction, using a pavement rating system approved by the department and report the results of that assessment to the department. The department shall assess the accuracy of mileage or other data concerning highways reported by municipalities and counties and may use field investigations to verify a portion of the data constituting a valid random sample or such specialized sample as the department considers appropriate. The department shall cooperate with and provide assistance to local units of government in their jurisdictional mileage determination efforts. The department shall inventory and verify all road mileage in a county or municipality once every 10 years under this subsection. Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.

SB45, s. 1871 Section 1871. 86.302 (3) of the statutes is amended to read:

SB45,925,5 86.302 (3) For the purposes of transportation aid determinations under s. 86.30, the department shall use changes in the road highway mileage of a city, municipality or county, town or village indicated on the certified plat filed under sub. (1) shall be used by the department (1g) in making computations of transportation aids to be paid beginning in the next odd-numbered year following the odd-numbered year in which the certified plat is filed. The department shall consider the following factors shall be considered by the department:

SB45,925,6 (a) New roads highways.

SB45,925,7 (b) Abandoned roads highways.

SB45,925,9 (c) Changes in jurisdictional mileage responsibilities for existing roads highways.

SB45, s. 1872 Section 1872. 86.303 (4) (b) of the statutes is amended to read:

SB45,925,18 86.303 (4) (b) In the case of municipalities formed within the previous 6 years, the information needed for the determinations under this section shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to the total mileage of roads and streets highways under their respective jurisdictions. In making these calculations, the department shall use the certified plats filed under s. 86.302 (1) (1g).

SB45, s. 1873 Section 1873. 86.303 (6) (c) (intro.) of the statutes is amended to read:

SB45,925,21 86.303 (6) (c) (intro.) The following other costs to the extent to which they are highway related are reportable:

SB45, s. 1874 Section 1874. 86.303 (6) (c) 4. of the statutes is amended to read:

SB45,925,23 86.303 (6) (c) 4. Traffic police and street Street lighting costs.

SB45, s. 1875 Section 1875. 86.303 (6) (cm) of the statutes is created to read:

SB45,926,4 86.303 (6) (cm) Some portion of law enforcement costs determined by the department, in consultation with the representatives appointed under sub. (5) (am), may be reported as eligible cost items. The department may establish different portions under this paragraph for different classes of counties or municipalities.

SB45, s. 1876 Section 1876. 87.30 (1) (d) of the statutes is created to read:

SB45,926,9 87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.

SB45, s. 1877 Section 1877. 88.15 of the statutes is created to read:

SB45,926,16 88.15 Drainage board grants. (1) From the appropriation under s. 20.115 (7) (d), the department of agriculture, trade and consumer protection shall make grants to boards to assist boards to comply with this chapter and rules promulgated under this chapter. A grant under this section may not exceed 60% of the costs incurred by the board to comply with this chapter and rules promulgated under this chapter.

SB45,926,18 (2) The department of agriculture, trade and consumer protection shall promulgate rules for the administration of the program under this section.

SB45, s. 1878 Section 1878. 91.01 (8) of the statutes is amended to read:

SB45,926,23 91.01 (8) "Local governing body having jurisdiction" means the city council, village board or town board if that body has adopted a certified an ordinance under subch. V that is certified under s. 91.06, 1997 stats.; or the county board where such a city, village or town zoning ordinance is not in effect.

SB45, s. 1879 Section 1879. 91.04 of the statutes is created to read:

SB45,927,5 91.04 Acquisition of development rights agreements. The department shall maintain a list of nonprofit entities with which the department has entered into agreements under s. 71.605 (3). The department shall make the list available to owners who are interested in transferring their development rights and to the department of revenue.

SB45, s. 1880 Section 1880. 91.06 of the statutes is repealed.

SB45, s. 1881 Section 1881. 91.11 (1) (a) of the statutes is amended to read:

SB45,927,9 91.11 (1) (a) The county in which the land is located has a certified in effect an agricultural preservation plan in effect certified under s. 91.06, 1997 stats.; or

SB45, s. 1882 Section 1882. 91.11 (1) (b) of the statutes is amended to read:

SB45,927,12 91.11 (1) (b) The land is in an area zoned for exclusive agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1883 Section 1883. 91.11 (2) of the statutes is amended to read:

SB45,927,18 91.11 (2) An owner of land located in a county with a population density of less than 100 persons per square mile which has adopted a certified an exclusive agricultural use zoning ordinance certified under s. 91.06, 1997 stats., may apply under this subchapter even if the town in which the land is located has not approved the ordinance.

SB45, s. 1884 Section 1884. 91.11 (3) of the statutes is amended to read:

SB45,927,24 91.11 (3) In any county with a population density of 100 or more persons per square mile, an owner may apply for a farmland preservation agreement under this subchapter only if the county in which the land is located has a certified an exclusive agricultural use zoning ordinance certified under subch. V s. 91.06, 1997 stats., and the town in which the land is located has approved the ordinance.

SB45, s. 1885 Section 1885. 91.11 (4) of the statutes is amended to read:

SB45,928,6 91.11 (4) In any city, town or village that has adopted a certified an exclusive agricultural use zoning ordinance certified under subch. V s. 91.06, 1997 stats., or in any town that has approved a certified an exclusive agricultural use zoning ordinance adopted by the county and certified under subch. V s. 91.06, 1997 stats., an owner may apply for a farmland preservation agreement only if the land is in an area zoned for exclusive agricultural use.

SB45, s. 1886 Section 1886. 91.13 (4) (a) of the statutes is amended to read:

SB45,928,11 91.13 (4) (a) Whether the farmland is designated an agricultural preservation area in a certified an agricultural preservation plan established certified under subch. IV s. 91.06, 1997 stats., or is an area zoned for exclusive agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1887 Section 1887. 91.13 (8) (d) of the statutes is repealed.

SB45, s. 1888 Section 1888. 91.14 of the statutes is amended to read:

SB45,928,20 91.14 Transition area agreements. An owner may apply for a transition area agreement under this subchapter if the farmland is located in an area identified as a transition area under a certified county agricultural preservation plan certified under subch. IV s. 91.06, 1997 stats. The provisions of this subchapter, except ss. 91.11 (1) (b) and (4), 91.13 (4) (a) and (10) and 91.15, apply to agreements under this section. Agreements under this section shall be for not less than 5 nor more than 20 years, consistent with the county agricultural preservation plan.

SB45, s. 1889 Section 1889. 91.19 (2) (c) 1. e. of the statutes is amended to read:

SB45,928,24 91.19 (2) (c) 1. e. The proposed development or use is consistent with the county's certified agricultural preservation plan certified under s. 91.06, 1997 stats., if a plan is in effect.

SB45, s. 1890 Section 1890. 91.19 (6t) of the statutes is amended to read:

SB45,929,4 91.19 (6t) The After the effective date of this subsection .... [revisor inserts date], the department shall relinquish land from a farmland preservation agreement land that has been subject to a farmland preservation agreement for at least 10 years if the owner of the land so requests.

SB45, s. 1891 Section 1891. 91.19 (7) of the statutes is amended to read:

SB45,929,21 91.19 (7) Whenever a farmland preservation agreement is relinquished under sub. (2) or (6t) or all or part of the land is released from a farmland preservation agreement under sub. (2) or (6p) or a transition area agreement is relinquished under sub. (2) or, subject to subs. (12) and (13), a transition area agreement is relinquished under sub. (1) or (1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the agreement for the total amount of all credits received by all owners of such lands under subch. IX of ch. 71 ss. 71.59 and 71.60 during the last 10 years that the land was eligible for such credit, plus interest at the rate of 9.3% per year compounded annually on the credits received from the time the credits were received until the lien is paid for farmland preservation agreements relinquished under sub. (6t) and 6% per year compounded annually on the credits received from the time the credits were received until the lien is paid for other agreements. No interest shall be compounded for any period during which the farmland is subject to a subsequent farmland preservation agreement or transition area agreement or is zoned for exclusive agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1892 Section 1892. 91.19 (8) of the statutes is amended to read: