SB45: Bill Text

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SB45, s. 1864 Section 1864. 86.302 (title) of the statutes is repealed and recreated to read: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

SB45,930,7 91.19 (8) Subject to subs. (12) and (13), upon the relinquishment of a farmland preservation agreement under sub. (1) or (1m), the department shall cause to be prepared and recorded a lien against the property formerly subject to the farmland preservation agreement for the total amount of the credits received by all owners thereof 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 6% interest per year compounded from the time of relinquishment. 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. 1893 Section 1893. 91.19 (10) of the statutes is amended to read:

SB45,930,17 91.19 (10) The lien may be paid and discharged at any time and shall become payable to the state by the owner of record at the time the land or any portion of it is sold by the owner of record to any person except the owner's child or if the land is converted to a use prohibited by the former farmland preservation agreement. Upon reentry in an agreement under this subchapter or upon zoning for exclusively agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats., the portion of the lien on the land reentered or so zoned shall be discharged. The discharge of a lien does not affect the calculation of any subsequent lien under sub. (7) or (8). The proceeds from the payment shall be paid into the general fund.

SB45, s. 1894 Section 1894. 91.19 (12) of the statutes is amended to read:

SB45,930,22 91.19 (12) No lien may be filed under sub. (7) or (8), on the date of relinquishment, release or termination, for tax credits paid on lands or any portion of them which are zoned for exclusively agricultural use under an ordinance certified under subch. V s. 91.06, 1997 stats.

SB45, s. 1895 Section 1895. 91.19 (13) of the statutes is amended to read:

SB45,931,3 91.19 (13) No lien may be filed under sub. (7) or (8) for any amount of tax credits paid under subch. IX of ch. 71 ss. 71.59 and 71.60 to any owner of farmland if, up to the date of relinquishment under sub. (1) or (1m) of the applicable farmland preservation agreement or transition area agreement, all of the requirements under this subchapter that relate to the agreement have been satisfied by the owner.

SB45, s. 1896 Section 1896. 91.21 (3) of the statutes is amended to read:

SB45,931,8 91.21 (3) If the owner or a successor in title of the land upon which a farmland preservation agreement has been recorded under this chapter fails to comply with s. 91.13 (8) (d) or (dm), such person shall be given one year to restore compliance before the remedies of sub. (1) shall be applicable.

SB45, s. 1897 Section 1897. 91.25 of the statutes is created to read:

SB45,931,12 91.25 Phaseout of agreements. The department may not enter into, or extend, an agreement under this subchapter after the effective date of this section .... [revisor inserts date].

SB45, s. 1898 Section 1898. Subchapter III of chapter 91 [precedes 91.31] of the statutes is repealed.

SB45, s. 1899 Section 1899. Subchapter IV of chapter 91 [precedes 91.51] of the statutes is repealed.

SB45, s. 1900 Section 1900. 91.71 of the statutes is repealed.

SB45, s. 1901 Section 1901. 91.73 (2) of the statutes is repealed.

SB45, s. 1902 Section 1902. 91.75 (intro.) of the statutes is amended to read:

SB45,932,2 91.75 Ordinance standards. (intro.) A zoning ordinance shall be deemed an "exclusive agricultural use ordinance" if it includes those jurisdictional, organizational or enforcement provisions necessary for its proper administration, if the land in exclusive agricultural use districts is limited to agricultural use and is identified as an agricultural preservation area under any agricultural preservation plans adopted under subch. IV and if the regulations on the use of agricultural lands in such districts meet the following standards which, except for sub. (4), are minimum standards:

SB45, s. 1903 Section 1903. 91.75 (1) of the statutes is repealed and recreated to read:

SB45,932,4 91.75 (1) A minimum lot size is specified.

SB45, s. 1904 Section 1904. 91.75 (6) of the statutes is amended to read:

SB45,932,11 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.

SB45, s. 1905 Section 1905. 91.77 (2) of the statutes is repealed.

SB45, s. 1906 Section 1906. 91.78 of the statutes is repealed.

SB45, s. 1907 Section 1907. 91.79 of the statutes is repealed.

SB45, s. 1908 Section 1908. 91.80 (1) of the statutes is amended to read:

SB45,932,20 91.80 (1) Ordinance. Any county, city, village or town may require by separate ordinance that land for which an owner receives a zoning certificate under s. 71.59 (1) (b) applies for a farmland preservation credit under ss. 71.59 and 71.60 be farmed in compliance with reasonable soil and water conservation standards established by the county land conservation committee.

SB45, s. 1909 Section 1909. 92.04 (2) (b) of the statutes is amended to read: