SB44,718,2011 76.48 (3) On or before May 1 in each year, the department of revenue shall
12compute and assess the license fees provided for in sub. (1r) and certify the amounts
13due to the state treasurer and file a duplicate thereof with the department secretary
14of administration. The department shall notify each electric cooperative of the
15amount of the license fees so assessed. The fees shall become delinquent if not paid
16when due and when delinquent shall be subject to interest at the rate of 1.5% per
17month on the amount of license fee until paid. The interest shall be collected by the
18department and, upon collection, forwarded to the state treasurer secretary of
19administration
and retained by the state. The payment dates provided for in sub.
20(3a) shall apply.
SB44, s. 1644 21Section 1644. 76.48 (5) of the statutes is amended to read:
SB44,719,822 76.48 (5) Additional assessments may be made, if notice of such assessment is
23given, within 4 years of the date the annual return was filed, but if no return was
24filed, or if the return filed was incorrect and was filed with intent to defeat or evade
25the tax, an additional assessment may be made at any time upon the discovery of

1gross revenues by the department. Refunds may be made if a claim for the refund
2is filed in writing with the department within 4 years of the date the annual return
3was filed. Refunds shall bear interest at the rate of 9% per year and shall be certified
4by the department to the secretary of administration who shall audit the amounts
5of such overpayments and the state treasurer shall pay the amount audited.
6Additional assessments shall bear interest at the rate of 12% per year from the time
7they should have been paid to the date upon which they shall become delinquent if
8unpaid.
SB44, s. 1645 9Section 1645. 76.48 (6) of the statutes is amended to read:
SB44,719,1510 76.48 (6) All additional assessments and claims for refund shall be subject to
11the same procedure for review and final determination as is provided with respect
12to additional assessments and refunds of income or franchise taxes under chs. 71 and
1373, except that appeals of denials of claims for refunds shall be made directly to the
14office of the commissioner of tax appeals commission and except as such procedure
15conflicts with this section.
SB44, s. 1646 16Section 1646. 76.82 of the statutes is amended to read:
SB44,719,20 1776.82 Assessment. The department, using the methods that it uses used to
18assess property under s. 70.995, shall assess the property that is taxable under s.
1976.81, including property that is exempt under s. 70.11 (27) from the tax under ch.
2070, at its value as of January 1.
SB44, s. 1647 21Section 1647. 77.14 of the statutes is amended to read:
SB44,720,4 2277.14 Forest croplands information, protection, appropriation. The
23department of natural resources shall publish and distribute information regarding
24the method of taxation of forest croplands under this subchapter, and may employ
25a fire warden in charge of fire prevention in forest croplands. All actual and

1necessary expenses incurred by the department of natural resources or by the
2department of revenue in the performance of their duties under this subchapter shall
3be paid from the appropriation made in s. 20.370 (1) (mu) (mv) upon certification by
4the department incurring such expenses.
SB44, s. 1648 5Section 1648. 77.59 (6) (b) of the statutes is amended to read:
SB44,720,106 77.59 (6) (b) Appeals from the department's redeterminations shall be
7governed by the statutes applicable to income or franchise tax appeals but all appeals
8from decisions of the office of the commissioner of tax appeals commission with
9respect to the taxes imposed by this subchapter shall be appealed to the circuit court
10for Dane County.
SB44, s. 1649 11Section 1649. 77.59 (7) of the statutes is amended to read:
SB44,720,2512 77.59 (7) If the department believes that the collection of any tax imposed by
13this subchapter will be jeopardized by delay, it shall notify the person determined to
14owe the tax of its intention to proceed under s. 71.91 (5) for collection of the amount
15determined to be owing, including penalties and interest. Such notice shall be by
16certified or registered mail or by personal service and the warrant of the department
17shall not issue if the person, within 10 days after such notice furnishes a bond in such
18amount not exceeding double the amount determined to be owing and with such
19sureties as the department approves, conditioned upon the payment of so much of
20the taxes, interest, and penalties as shall finally be determined to be due. Nothing
21in this subsection shall affect the review of determinations of tax as provided in this
22subchapter and any amounts collected under this subsection shall be deposited with
23the state treasurer secretary of administration and disbursed after final
24determination of the taxes as are amounts deposited under ss. 71.89 (1) and 71.90
25(2).
SB44, s. 1650
1Section 1650. 77.60 (2) (c) of the statutes is amended to read:
SB44,721,62 77.60 (2) (c) In the case of deficiency determinations, on or before the due date
3specified in the notice of deficiency, except that if the determination is contested
4before the office of the commissioner of tax appeals commission or in the courts, on
5or before the 30th day following the date on which the order or judgment
6representing the final determination becomes final.
SB44, s. 1651 7Section 1651. 77.66 of the statutes is created to read:
SB44,721,12 877.66 Refusal to collect taxes; certification. The secretary of revenue shall
9determine and periodically certify to the secretary of administration the names of
10persons, and affiliates, as defined in s. 16.70 (1b), of persons, who refuse to collect and
11remit the taxes imposed under ss. 77.52 and 77.53 on their sales delivered to this
12state.
SB44, s. 1652 13Section 1652. 77.91 (4) of the statutes is amended to read:
SB44,721,1614 77.91 (4) Expenses. Except as provided in sub. (5), the department's expenses
15for the administration of this subchapter shall be paid from the appropriation under
16s. 20.370 (1) (mu) (mv).
SB44, s. 1653 17Section 1653. 77.91 (5) of the statutes is amended to read:
SB44,721,2418 77.91 (5) Recording. Each register of deeds who receives notice of an order
19under this subchapter shall record the action as provided under s. 59.43 (1). The
20department shall pay the register of deeds the fee specified under s. 59.43 (2) (ag) 1.
21from the appropriation under s. 20.370 (1) (cr). If the amount in the appropriation
22under s. 20.370 (1) (cr) in any fiscal year is insufficient to pay the full amount
23required under this subsection in that fiscal year, the department shall pay the
24balance from the appropriation under s. 20.370 (1) (mu) (mv).
SB44, s. 1654 25Section 1654. 79.015 of the statutes is amended to read:
SB44,722,5
179.015 Statement of estimated payments. The department of revenue, on
2or before September 15 of each year, shall provide to each municipality and county
3a statement of estimated payments to be made in the next calendar year to the
4municipality or county under ss. 79.03, 79.035, 79.036, 79.04, 79.05, 79.058, and
579.06.
SB44, s. 1655 6Section 1655. 79.02 (2) (b) of the statutes is amended to read:
SB44,722,97 79.02 (2) (b) Subject to s. 59.605 (4), payments in July shall equal 15% of the
8municipality's or county's estimated payments under ss. 79.03, 79.035, 79.036, 79.04,
979.058, and 79.06 and 100% of the municipality's estimated payments under s. 79.05.
SB44, s. 1656 10Section 1656. 79.02 (3) of the statutes is amended to read:
SB44,722,1411 79.02 (3) (a) Subject to s. 59.605 (4), payments to each municipality and county
12in November shall equal that municipality's or county's entitlement to shared
13revenues under ss. 79.03, 79.035, 79.036, 79.04, 79.05, 79.058, and 79.06 for the
14current year, minus the amount distributed to the municipality or county in July.
SB44,722,20 15(b) In November 2002, the amount of the payments to each municipality and
16county under ss. 79.03, 79.04, 79.05, 79.058, and 79.06 to be paid from the
17appropriation account under s. 20.855 (4) (rb) shall be the amount of such payments
18to the municipality or county multiplied by the quotient of an amount equal to the
19moneys available, as determined by the department of administration, from the
20appropriation account under s. 20.855 (4) (rb) divided by $826,068,930.
SB44, s. 1657 21Section 1657. 79.02 (3) (c) of the statutes is created to read:
SB44,722,2522 79.02 (3) (c) In November 2003, the total amount of the payments to each
23municipality and county under ss. 79.03, 79.04, and 79.06 to be paid from the
24appropriation account under s. 20.835 (1) (t) shall equal $230,000,000 and shall be
25applied to the payments in the manner determined by the department of revenue.
SB44, s. 1658
1Section 1658. 79.02 (3) (d) of the statutes is created to read:
SB44,723,52 79.02 (3) (d) 1. In November 2004, the total amount of the payments to each
3municipality and county under s. 79.035 to be paid from the appropriation account
4under s. 20.835 (1) (t) shall equal $170,000,000 and shall be applied to the payments
5in the manner determined by the department of revenue.
SB44,723,96 2. In November 2004, the total amount of the payments to each municipality
7and county under s. 79.035 to be paid from the appropriation account under s. 20.835
8(1) (u) shall equal $20,000,000 and shall be applied to the payments in the manner
9determined by the department of revenue.
SB44, s. 1659 10Section 1659. 79.03 (3) (a) of the statutes is amended to read:
SB44,723,1611 79.03 (3) (a) The amount in the shared revenue account for municipalities and
12the amount in the shared revenue account for counties, less the payments under sub.
13(2) and s. 79.04, and, for the distribution in 2003, the amount appropriated under s.
1420.835 (1) (t),
shall be allocated to each municipality and county respectively in
15proportion to its entitlement. In this paragraph, "entitlement" means the product
16of aidable revenues and tax base weight.
SB44, s. 1660 17Section 1660. 79.03 (4) of the statutes is amended to read:
SB44,724,718 79.03 (4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and
1979.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be
20distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300.
21In 1993, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s.
2220.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this
23section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to
24municipalities and $168,981,800 to counties. Beginning in 1995 and ending in 2001,
25the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835

1(1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the
2total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from ss. 20.835 (1)
3(d) and 20.855 (4) (rb) are $769,092,800 to municipalities and $170,671,600 to
4counties. In 2003, the total amounts to be distributed under ss. 79.03, 79.04, and
579.06 from s. 20.835 (1) (d) and (t) are $776,783,700 to municipalities, less the
6reductions under s. 79.034,
and $172,378,300 to counties, less the reductions under
7s. 79.034
.
SB44, s. 1661 8Section 1661. 79.034 of the statutes is created to read:
SB44,724,17 979.034 Reductions. In 2003, after the total amount of the payments to each
10county and municipality under ss. 79.03, 79.04, 79.058, and 79.06 has been
11determined, the department of revenue shall reduce the total amount of such
12payments to each county and municipality by subtracting from such payments an
13amount based on the county's or municipality's population, as determined by the
14department, so that the total amount of the reduction to all such payments in 2003
15is $10,000,000, except that the reduction applied to any county's or municipality's
16payments shall not exceed the amount of the payments distributed to the county or
17municipality under ss. 79.03, 79.04, 79.058, and 79.06 in 2003.
SB44, s. 1662 18Section 1662. 79.035 (1) of the statutes is amended to read:
SB44,724,2219 79.035 (1) Subject to reductions under s. 79.036 (3), in In 2004 and subsequent
20years, each county and municipality shall receive a payment from the county and
21municipal aid account and, for distributions in 2004, from the appropriation
22accounts under s. 20.835 (1) (t) and (u)
in an amount determined under sub. (2).
SB44, s. 1663 23Section 1663. 79.035 (2) (a) 1. of the statutes is amended to read:
SB44,725,324 79.035 (2) (a) 1. For the distribution in 2004, each county and municipality will
25receive a payment that is equal to the amount of the payments the county or

1municipality would have received in 2003 under ss. 79.03, 79.058, and 79.06, if not
2for the reductions under s. 79.034,
less the amount of the reduction under subd. 2.
3and, for a municipality, the reduction under subd. 3.
SB44, s. 1664 4Section 1664. 79.035 (2) (a) 2. of the statutes is amended to read:
SB44,725,125 79.035 (2) (a) 2. The department of revenue shall reduce the amount of the
6payments to be distributed to each county and municipality, as determined under
7subd. 1., by subtracting from such payments an amount based on the county's or
8municipality's population, as determined by the department, so that the total
9amount of the reduction to all such payments in 2004 is $40,000,000 $50,000,000,
10except that the reduction applied to any county's or municipality's payment shall not
11exceed the amount of the payments specified under subd. 1. distributed to the county
12or municipality in 2003.
SB44, s. 1665 13Section 1665. 79.035 (2) (a) 3. of the statutes is created to read:
SB44,725,2014 79.035 (2) (a) 3. After the reduction under subd. 2., the department of revenue
15shall reduce the amount of the payments to be distributed to each municipality, as
16determined under subd. 2., by subtracting from such payments an amount based on
17the municipality's population, as determined by the department, so that the total
18amount of the reduction to all such payments in 2004 is $70,000,000, except that the
19reduction applied to any municipality's payment shall not exceed the amount of the
20payments specified under subd. 1. distributed to the municipality in 2003.
SB44, s. 1666 21Section 1666. 79.035 (2) (b) of the statutes is amended to read:
SB44,725,2522 79.035 (2) (b) For the distribution in 2005 and subsequent years, each county
23and municipality shall receive a payment under this section that is equal to the
24amount of the payment determined for the county or municipality under par. (a) in
252004 prior to the reductions under s. 79.036.
SB44, s. 1667
1Section 1667. 79.036 of the statutes is repealed.
SB44, s. 1668 2Section 1668. 79.04 (1) (a) of the statutes is amended to read:
SB44,727,23 79.04 (1) (a) An amount from the shared revenue account or, for the
4distribution in 2003, from the appropriation under s. 20.835 (1) (t)
determined by
5multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village,
6the first $125,000,000 of the amount shown in the account, plus leased property, of
7each public utility except qualified wholesale electric companies, as defined in s.
876.28 (1) (gm), on December 31 of the preceding year for either "production plant,
9exclusive of land" and "general structures", or "work in progress" for production
10plants and general structures under construction, in the case of light, heat and power
11companies, electric cooperatives or municipal electric companies, for all property
12within a municipality in accordance with the system of accounts established by the
13public service commission or rural electrification administration, less depreciation
14thereon as determined by the department of revenue and less the value of treatment
15plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as
16determined by the department of revenue plus an amount from the shared revenue
17account or, for the distribution in 2003, from the appropriation under s. 20.835 (1)
18(t)
determined by multiplying by 3 mills in the case of a town, and 6 mills in the case
19of a city or village, of the first $125,000,000 of the total original cost of production
20plant, general structures and work-in-progress less depreciation, land and
21approved waste treatment facilities of each qualified wholesale electric company, as
22defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property
23within the municipality. The total of amounts, as depreciated, from the accounts of
24all public utilities for the same production plant is also limited to not more than

1$125,000,000. The amount distributable to a municipality in any year shall not
2exceed $300 times the population of the municipality.
SB44, s. 1669 3Section 1669. 79.04 (2) (a) of the statutes is amended to read:
SB44,728,114 79.04 (2) (a) Annually, the department of administration, upon certification by
5the department of revenue, shall distribute from the shared revenue account or, for
6the distribution in 2003, from the appropriation under s. 20.835 (1) (t)
to any county
7having within its boundaries a production plant or a general structure, including
8production plants and general structures under construction, used by a light, heat
9or power company assessed under s. 76.28 (2) or 76.29 (2), except property described
10in s. 66.0813 unless the production plant is owned or operated by a local
11governmental unit that is located outside of the municipality in which the production
12plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48,
13respectively, or by a municipal electric company under s. 66.0825 an amount
14determined by multiplying by 6 mills in the case of property in a town and by 3 mills
15in the case of property in a city or village the first $125,000,000 of the amount shown
16in the account, plus leased property, of each public utility except qualified wholesale
17electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding
18year for either "production plant, exclusive of land" and "general structures", or
19"work in progress" for production plants and general structures under construction,
20in the case of light, heat and power companies, electric cooperatives or municipal
21electric companies, for all property within the municipality in accordance with the
22system of accounts established by the public service commission or rural
23electrification administration, less depreciation thereon as determined by the
24department of revenue and less the value of treatment plant and pollution
25abatement equipment, as defined under s. 70.11 (21) (a), as determined by the

1department of revenue plus an amount from the shared revenue account or, for the
2distribution in 2003, from the appropriation under s. 20.835 (1) (t)
determined by
3multiplying by 6 mills in the case of property in a town, and 3 mills in the case of
4property in a city or village, of the total original cost of production plant, general
5structures and work-in-progress less depreciation, land and approved waste
6treatment facilities of each qualified wholesale electric company, as defined in s.
776.28 (1) (gm), as reported to the department of revenue of all property within the
8municipality. The total of amounts, as depreciated, from the accounts of all public
9utilities for the same production plant is also limited to not more than $125,000,000.
10The amount distributable to a county in any year shall not exceed $100 times the
11population of the county.
SB44, s. 1670 12Section 1670. 79.058 (3) (e) of the statutes is amended to read:
SB44,728,1313 79.058 (3) (e) In 2003, $21,181,100, less the reductions under s. 79.034.
SB44, s. 1671 14Section 1671. 84.013 (2) (b) of the statutes is amended to read:
SB44,728,1715 84.013 (2) (b) Except as provided in ss. 84.014, 84.03 (3), and 84.555, and
16subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall
17be funded from the appropriations under s. 20.395 (3) (cq) to (cx) and (4) (jq).
SB44, s. 1672 18Section 1672. 84.014 (2) of the statutes is amended to read:
SB44,728,2319 84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway
20rehabilitation projects, including the Marquette interchange reconstruction project
21and projects that involve adding one or more lanes 5 miles or more in length to the
22existing freeway, may be funded only from the appropriations under ss. 20.395 (3)
23(cr), (cw), and (cy) and (4) (jq) and 20.866 (2) (uum).
SB44, s. 1673 24Section 1673. 84.014 (5m) (a) of the statutes is amended to read:
SB44,729,5
184.014 (5m) (a) Notwithstanding any other provision of this section, the
2department may not expend any moneys from the appropriations under s. 20.395 (3)
3(cr), (cw), and (cy) and (4) (jr) for a southeast Wisconsin freeway rehabilitation project
4that involves adding one or more lanes 5 miles or more in length to the existing
5freeway unless the project is specifically enumerated in a list under par. (b).
SB44, s. 1674 6Section 1674. 84.03 (3) (title), (a) and (b) of the statutes are amended to read:
SB44,729,167 84.03 (3) (title) West Canal Street reconstruction and extension project.
8(a) Subject to par. (b), the department shall, from the appropriations under s. 20.395
9(3) (cr) and (cy), award a grant of $5,000,000 from the amounts allocated for the
10Marquette interchange reconstruction project under 2001 Wisconsin Act 16, section
119152 (5w), shall award a grant of $2,500,000 under s. 86.31 (3s), and shall award
12grants totaling $2,500,000 from the appropriation under s. 20.395 (3) (ck), to the city
13of Milwaukee for reconstruction of West Canal Street and extension of West Canal
14Street to USH 41 at Miller Park
in the city of Milwaukee to serve as a transportation
15corridor for the purpose of mitigating traffic associated with the reconstruction of the
16Marquette interchange.
SB44,729,1917 (b) No grant may be awarded under par. (a) or s. 86.31 (3s) unless the city of
18Milwaukee contributes $10,000,000 toward the West Canal Street reconstruction
19and extension project.
SB44, s. 1675 20Section 1675. 84.04 (3) of the statutes is repealed.
SB44, s. 1676 21Section 1676. 84.05 of the statutes is amended to read:
SB44,730,22 2284.05 Railroad crossing improvements. On a highway which the
23department has authority to construct and which crosses a railroad, if the
24department determines that the construction or reconstruction of a grade separation
25or the rearrangement or elimination of a grade crossing or other rearrangement of

1the highway or tracks is necessary in the interest of public safety or for convenience
2of public travel, the department shall make a plan of the construction proposed and
3an estimate of the cost thereof, including the cost of needed right-of-way; and shall
4endeavor to make an arrangement with all persons concerned as to all matters
5involved in the plan, including the portion of the cost of the contemplated work which
6the persons shall defray. If the department is unable to contract with the persons
7concerned as to the distribution and payment of the cost of the work or the
8maintenance thereof, the department shall lay the matter before the office of the
9commissioner of railroads, and the office of the commissioner of railroads shall
10review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and
11195.29, and shall
fix the portion of the cost of the construction and of the maintenance
12which is to be paid by the persons or corporations concerned, and the portion of the
13cost, if any, to be paid by the public, which portion shall be paid from the
14transportation fund, and issue an appropriate order. The office of the commissioner
15of railroads
department shall determine the benefits, if any, which will inure to other
16highways, and apportion and charge to the units of government responsible for the
17construction of such other highways a fair portion of the cost. The department shall
18promulgate a rule establishing criteria with respect to the allocation of costs under
19this section. A person who is aggrieved by an order of the department under this
20section may, within 20 days after the date that the order is issued, request review of
21the order by the division of hearings and appeals. The division of hearings and
22appeals shall review the order in the manner provided in s. 195.325.
SB44, s. 1677 23Section 1677. 84.06 (1) of the statutes is amended to read:
SB44,731,524 84.06 (1) Definitions. In this section, "improvement" or "highway
25improvement" includes construction, reconstruction, rehabilitation, and processes

1incidental to building, fabricating, or bettering a highway or street, but not
2maintenance. The terms do not include the installation, replacement, rehabilitation,
3or maintenance of highway signs, traffic control signals, highway lighting, pavement
4markings, or intelligent transportation systems, unless incidental to building,
5fabricating, or bettering a highway or street.
SB44, s. 1678 6Section 1678. 84.06 (2) (a) of the statutes is amended to read:
SB44,732,27 84.06 (2) (a) All such highway improvements shall be executed by contract
8based on bids unless the department finds that another method as provided in sub.
9(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
10the manner determined by the department. Except as provided in s. 84.075, the
11contract shall be awarded to the lowest competent and responsible bidder as
12determined by the department. If the bid of the lowest competent bidder is
13determined by the department to be in excess of the estimated reasonable value of
14the work or not in the public interest, all bids may be rejected. The department shall,
15so far as reasonable, follow uniform methods of advertising for bids and may
16prescribe and require uniform forms of bids and contracts. Except as provided in par.
17(b), the secretary shall enter into the contract on behalf of the state. Every such
18contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
19ss. 16.528, 16.752 and 16.754 apply to the contract. Any such contract involving an
20expenditure of $1,000 or more shall not be valid until approved by the governor. The
21secretary may require the attorney general to examine any contract and any bond
22submitted in connection with the contract and report on its sufficiency of form and
23execution. The bond required by s. 779.14 (1m) is exempt from approval by the
24governor and shall be subject to approval by the secretary. This subsection also

1applies to contracts with private contractors based on bids under s. 84.067 and on
2bids for maintenance under s. 84.07.
SB44, s. 1679 3Section 1679. 84.067 of the statutes is created to read:
SB44,732,8 484.067 Contracts with private entities for certain services and
5materials.
The department may contract with a private entity for services or
6materials or both associated with the installation, replacement, rehabilitation, or
7maintenance of highway signs, traffic control signals, highway lighting, pavement
8markings, and intelligent transportation systems.
SB44, s. 1680 9Section 1680. 84.07 (1) of the statutes is amended to read:
SB44,733,710 84.07 (1) State expense; when done by county or municipality. The state trunk
11highway system shall be maintained by the state at state expense. The department
12shall prescribe by rule specifications for such maintenance and may contract with
13any county highway committee or municipality to have all or certain parts of the
14work of maintaining the state trunk highways within or beyond the limits of the
15county or municipality, including interstate bridges, performed by the county or
16municipality, and any county or municipality may enter into such contract. General
17maintenance activities include the application of protective coatings, the removal
18and control of snow, the removal, treatment and sanding of ice, interim repair of
19highway surfaces and adjacent structures, and all other operations, activities and
20processes required on a continuing basis for the preservation of the highways on the
21state trunk system, and including the care and protection of trees and other roadside
22vegetation and suitable planting to prevent soil erosion or to beautify highways
23pursuant to s. 80.01 (3), and all measures deemed necessary to provide adequate
24traffic service. Special maintenance activities include the restoration,
25reinforcement, complete repair or other activities which the department deems are

1necessary on an individual basis for specified portions of the state trunk system.
2Maintenance activities also include the installation, replacement, rehabilitation, or
3maintenance of highway signs, traffic control signals, highway lighting, pavement
4markings, and intelligent transportation systems. The department may contract
5with a private entity for services or materials or both associated with the installation,
6replacement, rehabilitation, or maintenance of highway signs, traffic control signals,
7highway lighting, pavement markings, and intelligent transportation systems.
SB44, s. 1681 8Section 1681. 84.07 (5) of the statutes is repealed.
SB44, s. 1682 9Section 1682. 84.075 (1) of the statutes is amended to read:
SB44,733,1710 84.075 (1) In purchasing services under s. 84.01 (13), in awarding construction
11contracts under s. 84.06 and in contracting with private contractors and agencies
12under s. ss. 84.067 and 84.07, the department shall attempt to ensure that 5% of the
13total amount expended in each fiscal year is paid to contractors, subcontractors and
14vendors which are minority businesses, as defined under s. 560.036 (1) (e) 1. In
15attempting to meet this goal, the department may award any contract to a minority
16business that submits a qualified responsible bid that is no more than 5% higher
17than the low bid.
SB44, s. 1683 18Section 1683. 84.075 (3) of the statutes is amended to read:
SB44,733,2519 84.075 (3) The department shall at least semiannually, or more often if
20required by the department of administration, report to the department of
21administration the total amount of money it has paid to contractors, subcontractors
22and vendors which are minority businesses under ss. 84.01 (13), 84.06 , 84.067, and
2384.07 and the number of contacts with minority businesses in connection with
24proposed purchases and contracts. In its reports, the department shall include only
25amounts paid to businesses certified by the department as minority businesses.
SB44, s. 1684
1Section 1684. 84.09 (5) of the statutes is amended to read:
SB44,734,202 84.09 (5) Subject to the approval of the governor, the department may sell at
3public or private sale property of whatever nature owned by the state and under the
4jurisdiction of the department when the department determines that the property
5is no longer necessary for the state's use for highway purposes and, if real property,
6the real property is not the subject of a petition under s. 16.375 560.9810 (2). The
7department shall present to the governor a full and complete report of the property
8to be sold, the reason for the sale, and the minimum price for which the same should
9be sold, together with an application for the governor's approval of the sale. The
10governor shall thereupon make such investigation as he or she may deem necessary
11and approve or disapprove the application. Upon such approval and receipt of the
12full purchase price, the department shall by appropriate deed or other instrument
13transfer the property to the purchaser. The approval of the governor is not required
14for public or private sale of property having a fair market value at the time of sale
15of not more than $3,000, for the transfer of surplus state real property to the
16department of administration under s. 16.375 560.9810 or for the transfer of surplus
17state personal property to the department of tourism under sub. (5s). The funds
18derived from sales under this subsection shall be deposited in the transportation
19fund, and the expense incurred by the department in connection with the sale shall
20be paid from such fund.
SB44, s. 1685 21Section 1685. 84.09 (5r) of the statutes is amended to read:
SB44,735,1922 84.09 (5r) In lieu of the sale or conveyance of property under sub. (5) or (5m),
23the department may, subject to the approval of the governor, donate real property
24that is adjacent to the veterans memorial site located at The Highground in Clark
25County and owned by the state and under the jurisdiction of the department to the

1Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans
2memorial site located at The Highground in Clark County for the purpose of a
3memorial hall specified in s. 70.11 (9). The department may donate property under
4this subsection only when the department determines that the property is no longer
5necessary for the state's use for highway purposes and is not the subject of a petition
6under s. 16.375 560.9810 (2) and is transferred with a restriction that the donee may
7not subsequently transfer the real property to any person except to this state, which
8shall not be charged for any improvements thereon. Such restriction shall be
9recorded in the office of the register of deeds in the county in which the property is
10located. The department shall present to the governor a full and complete report of
11the property to be donated, the reason for the donation, and the minimum price for
12which the property could likely be sold under sub. (5), together with an application
13for the governor's approval of the donation. The governor shall thereupon make such
14investigation as he or she considers necessary and approve or disapprove the
15application. Upon such approval, the department shall by appropriate deed or other
16instrument transfer the property to the donee. The approval of the governor is not
17required for donation of property having a fair market value at the time of donation
18of not more than $3,000. Any expense incurred by the department in connection with
19the donation shall be paid from the transportation fund.
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