AB100: Bill Text

AB100, s. 1711 Section 1711. 79.10 (2) of the statutes is amended to read:

AB100,853,25 79.10 (2) Notice to municipalities. On or before December 1 of the year preceding the distribution distributions under sub. (7m) (a), the department of revenue shall notify the clerk of each town, village and city of the estimated fair market value, as determined under sub. (11), to be used to calculate the lottery and gaming credit under sub. (5) and of the amount amounts to be distributed to it under sub. (7m) (a) on in the following 4th Monday in July year. The anticipated receipt of such distribution distributions shall not be taken into consideration in determining the tax rate of the municipality but shall be applied as tax credits.

AB100, s. 1712 Section 1712. 79.10 (4) of the statutes is amended to read:

AB100,854,7 79.10 (4) School levy tax credit. The amount appropriated under s. 20.835 (3) (b) shall be distributed to municipalities in proportion to their share of the sum of average school tax levies for all municipalities, as adjusted under sub. (7) except that $150,000,000 of the amount appropriated shall be distributed to municipalities in proportion to their share of general school aids paid under s. 20.255 (2) (ac), (af), and (r) in the year of notification, as determined by the department of revenue.

AB100, s. 1713 Section 1713. 79.10 (7m) (a) 1. of the statutes is renumbered 79.10 (7m) (a) 1. a. and amended to read:

AB100,854,12 79.10 (7m) (a) 1. a. The Except as provided in subd. 1. b., the amount determined under sub. (4) shall be distributed by the department of administration on the 4th Monday in July.

AB100, s. 1714 Section 1714. 79.10 (7m) (a) 1. b. of the statutes is created to read:

AB100,854,24 79.10 (7m) (a) 1. b. No later than September 15, 2006, the department of administration shall determine whether general fund revenue during the 2005-07 biennium will exceed the amount of general fund revenue estimated under the 2005-07 biennial budget, plus any amount expended under s. 20.255 (2) (af). An amount equal to the amount of any excess determined under this subd. 1. b., not to exceed $150,000,000, but reduced by the amount transferred to the health care quality improvement fund under s. 16.518 (4), shall be distributed by the department of administration on June 15, 2007, and on each June 15 thereafter an identical amount shall be distributed, and the balance of the amount determined under sub. (4) shall be distributed on the 4th Monday in July 2007, and on each 4th Monday in July thereafter.

AB100, s. 1715 Section 1715. 79.10 (7m) (a) 2. of the statutes is amended to read:

AB100,855,6 79.10 (7m) (a) 2. The town, village or city treasurer shall settle for the amounts distributed under this paragraph on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the town, village or city treasurer to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages and cities except 1st class cities, in the county.

AB100, s. 1716 Section 1716. 79.10 (9) (b) of the statutes is amended to read:

AB100,855,15 79.10 (9) (b) Property tax relief credit. Except as provided in ss. 79.175 and 79.18, every property taxpayer of the municipality having assessed property shall receive a tax credit in an amount determined by applying the percentage of the amount of the value of property assessed to the taxpayer to the amount of the distribution distributions to be made to the municipality under sub. (7m) (a), as stated in the December 1 notification from the department of revenue, except that no taxpayer may receive a credit larger than the total amount of property taxes to be paid on each parcel for which tax is levied for that year by that taxpayer.

AB100, s. 1717 Section 1717. 79.14 of the statutes is amended to read:

AB100,855,19 79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b) is $319,305,000 in 1994, 1995, and 1996 and is; $469,305,000 beginning in 1997 and ending in 2006; and $619,305,000 in 2007 and in each year thereafter.

AB100, s. 1718 Section 1718. 84.01 (13) of the statutes is amended to read:

AB100,856,2 84.01 (13) Engineering services. The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82 and, 16.85 to 16.87, and 16.875 to 16.89, but ss. 16.528, 16.752 and, 16.771, 16.871, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor.

AB100, s. 1719 Section 1719. 84.014 (2) of the statutes is amended to read:

AB100,856,8 84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under ss. 20.395 (3) (cr), (cw), and (cy) and 20.866 (2) (uum) and (uup).

AB100, s. 1720 Section 1720. 84.06 (2) (a) of the statutes is amended to read:

AB100,857,4 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752 and, 16.771, 16.871, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB100, s. 1721 Section 1721. 84.06 (3) of the statutes is amended to read:

AB100,857,22 84.06 (3) Contracts with county or municipality; direct labor; materials. If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, the department may, by arrangement with the county highway committee of the county, enter into a contract satisfactory to the department to have the work done by the county forces and equipment. In such contract the department may authorize the county to purchase, deliver, and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except s. ss. 16.754, 16.771, and 16.871. If the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town, or a village and the state. In such cases, the governing body of the city, town, or village shall enter into the agreement on behalf of the municipality.

AB100, s. 1722 Section 1722. 84.06 (4) of the statutes is amended to read:

AB100,858,17 84.06 (4) Special contracts with railroads and utilities. If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging, or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.528, 16.752 and, 16.754, 16.771, and 16.871. No such contract in which the total estimated debt to be incurred exceeds $5,000 shall be valid until approved by the governor. As used in this subsection, "public utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier as defined in s. 196.01 (8m), and "railroad" means the same as in s. 195.02. "Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations, and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty, or responsibility otherwise provided by law relative to such property.

AB100, s. 1723 Section 1723. 84.09 (9) of the statutes is created to read:

AB100,858,20 84.09 (9) Subsections (5), (5m), and (6) do not apply to state surplus property that is sold under s. 16.848.

AB100, s. 1724 Section 1724. 84.185 (1) (ce) of the statutes is amended to read:

AB100,858,22 84.185 (1) (ce) "Job" has the meaning specified in s. 560.60 (10) 560.17 (1) (bm).

AB100, s. 1725 Section 1725. 84.185 (1) (cm) of the statutes is amended to read:

AB100,858,25 84.185 (1) (cm) "Political subdivision" has the meaning specified in s. 560.60 (13) means a county, city, town, or village.

AB100, s. 1726 Section 1726. 84.28 (1) of the statutes is amended to read:

AB100,859,18 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources. Moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15). Outside the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property, moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of roads which the department of natural resources certifies are utilized by a substantial number of visitors to state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures under this subsection. The department of natural resources shall rank projects eligible for assistance under a priority system and funding may be restricted to those projects with highest priority.

AB100, s. 1727 Section 1727. 84.555 (1m) of the statutes is amended to read:

AB100,859,24 84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) are allocated for expenditure obligations under s. 84.014.

AB100, s. 1728 Section 1728. 84.59 (6) of the statutes is amended to read:

AB100,860,13 84.59 (6) The building commission may contract revenue obligations 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. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $2,095,583,900 $2,516,117,900, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.

AB100, s. 1729 Section 1729. 85.013 (2) (a) of the statutes is amended to read:

AB100,860,16 85.013 (2) (a) The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under ch. 344.

AB100, s. 1730 Section 1730. 85.015 of the statutes is amended to read:

AB100,860,22 85.015 Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528 and, 16.752,16.771, and 16.871 but are exempt from ss. 16.70 to 16.75, 16.755 to 6.77, 16.78 to 16.82 and, 16.85 to 16.87, and 16.875 to 16.89.

AB100, s. 1731 Section 1731. 85.037 of the statutes is repealed.

AB100, s. 1732 Section 1732. 85.061 (3) (a) 1. of the statutes is amended to read:

AB100,861,7 85.061 (3) (a) 1. Capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and, between the cities of Milwaukee and Green Bay, between the cities of Milwaukee and Chicago, and between the cities of Madison and La Crosse. Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible.

AB100, s. 1733 Section 1733. 85.103 (6) of the statutes is amended to read:

AB100,861,12 85.103 (6) The department may disclose the personal identifier of any person who has made a designation under sub. (2) or (3) if the department discloses the personal identifier under s. 341.17 (9), 342.06, 343.027, 343.14, 343.234, 343.235, 343.24 (3) and (4), or 343.245 (3m).

AB100, s. 1734 Section 1734. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB100,862,5 85.20 (4m) (a) 6. cm. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (ht), the department shall pay $55,697,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. For aid payable for calendar year 2003 and for each calendar year thereafter years 2004 and 2005, from the appropriation under s. 20.395 (1) (ht), the department shall pay $56,811,800 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. From the appropriation under s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar year 2006, and $59,107,000 for aid payable for calendar year 2007 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $80,000,000. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB100, s. 1735 Section 1735. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB100,862,24 85.20 (4m) (a) 6. d. For aid payable for calendar year 2002, from the appropriation under s. 20.395 (1) (hu), the department shall pay $14,869,500 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. For aid payable for calendar year 2003 and for each calendar year thereafter years 2004 and 2005, from the appropriation under s. 20.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. From the appropriation under s. 20.395 (1) (hu), the department shall pay $15,470,200 for aid payable for calendar year 2006, and $15,779,600 for aid payable for calendar year 2007 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB100, s. 1736 Section 1736. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB100,863,6 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $20,596,400 in calendar year 2002, $21,008,300 in calendar year 2003, and $21,757,600 in calendar year 2004 and in each calendar year thereafter years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700 in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB100, s. 1737 Section 1737. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB100,863,13 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,563,100 in calendar year 2002, $5,674,400 in calendar year 2003, and $4,925,100 in calendar year 2004 and in each calendar year thereafter years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar year 2007 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB100, s. 1738 Section 1738. 86.195 (3) (b) 3. of the statutes is amended to read:

AB100,863,17 86.195 (3) (b) 3. Fifty percent of the gross receipts of the business are from meal, food, the sale of food product and beverage sales and food ingredients, as defined in s. 77.51 (3t), that are taxable under s. 77.54 (20) (c) subch. III of ch. 77; and

AB100, s. 1739 Section 1739. 86.30 (2) (a) 3. of the statutes is amended to read:

AB100,863,22 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $1,755 in calendar year 2002, and $1,825 in calendar year 2003 years 2004 and 2005, $1,862 in calendar year 2006, and $1,899 in calendar year 2007 and thereafter.

AB100, s. 1740 Section 1740. 86.30 (9) (b) of the statutes is amended to read:

AB100,864,4 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $86,581,300 in calendar year 2002, and $90,044,600 in calendar year 2003 years 2004 and 2005, $91,845,500 in calendar year 2006, and $93,682,400 in calendar year 2007 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.

AB100, s. 1741 Section 1741. 86.30 (9) (c) of the statutes is amended to read:

AB100,864,11 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $272,395,300 in calendar year 2002, and $283,291,100 in calendar year 2003 years 2004 and 2005, $286,124,000 in calendar year 2006, and $297,736,000 in calendar year 2007 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.

AB100, s. 1742 Section 1742. 92.10 (4) (a) of the statutes is repealed and recreated to read:

AB100,864,16 92.10 (4) (a) Data. The department shall develop a systematic method of collecting and organizing data related to soil erosion. The department shall cooperate with the department of administration under s. 16.967 in developing this methodology or any related activities related to land information collection.

AB100, s. 1743 Section 1743. 93.06 (1qm) of the statutes is created to read:

AB100,864,21 93.06 (1qm) Loans for rural development. Make loans, and charge interest and origination fees and take security for those loans, as required to receive federal funding for the development of rural business enterprises or for rural economic development.

AB100, s. 1744 Section 1744. 93.07 (1) of the statutes is amended to read:

AB100,865,3 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all of the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of department to carry out its powers and duties under chs. 93 to 100, which regulations shall have the force of law.

AB100, s. 1745 Section 1745. 93.07 (23) of the statutes is created to read:

AB100,865,7 93.07 (23) Consumer protection administration. To administer ss. 100.01 to 100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265, 100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.

AB100, s. 1746 Section 1746. 93.07 (24) of the statutes is amended to read:

AB100,865,11 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs. 88 and 93 to 99, those laws under ch. 100 administered by the department, and all other laws entrusted to its administration, and especially:

AB100,865,14 (a) To enforce the laws administered by the department regarding the production, manufacture and sale, offering or exposing for sale or having in possession with intent to sell, of any dairy, food or drug product.

AB100,865,16 (b) To enforce the laws administered by the department regarding the adulteration or misbranding of any articles of food, drink, condiment or drug.

AB100,865,21 (c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which it may suspect or have reason to believe, under the laws administered by the department, to be impure, unhealthful, misbranded, adulterated or counterfeit, or in any way unlawful.

AB100,866,2 (d) To prosecute or cause to be prosecuted, under the laws administered by the department, any person engaged in the manufacture or sale, offering or exposing for sale or having in possession with intent to sell, of any adulterated dairy product or of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles of food, drink, condiment or drug.

AB100, s. 1747 Section 1747. 93.18 (3) of the statutes is amended to read:

AB100,866,15 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41 to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric, product or related material ceased, shall give written notice of its finding to the manufacturer, seller or other person responsible for placing the item in the channels of trade in this state. After such notice no person may sell, remove or otherwise dispose of such item except as directed by the department of justice. Any person affected by such notice may demand a prompt hearing to determine the validity of the department's findings of the department of justice. The hearing, if requested, shall be held as expeditiously as possible but not later than 30 days after notice. A request for hearing does not operate to stay enforcement of the order during the pendency of the hearing. The person petitioning for a hearing shall be entitled to the same rights specified under sub. (2).

AB100, s. 1748 Section 1748. 93.18 (7) of the statutes is created to read:

AB100,866,19 93.18 (7) The department of justice shall follow the procedures under subs. (1), (2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the department of justice.

AB100, s. 1749 Section 1749. 93.20 (1) of the statutes is amended to read:

AB100,866,24 93.20 (1) Definition. In this section, "action" means an action that is commenced in court by, or on behalf of, the department of agriculture, trade, and consumer protection rural resources to enforce chs. 88, 91 to 100 or 126 or an action that is commenced in court by the department of justice to enforce ch. 100.

AB100, s. 1750 Section 1750. 93.22 (1) of the statutes is amended to read:

AB100,867,2 93.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51, the department may be represented by its attorney.

AB100, s. 1751 Section 1751. 93.22 (2) of the statutes is amended to read:

AB100,867,7 93.22 (2) The department may, with the approval of the governor, appoint special counsel to prosecute or assist in the prosecution of any case arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such special counsel shall be charged to the appropriation for the department.

AB100, s. 1752 Section 1752. 93.46 (3) of the statutes is created to read:

AB100,867,9 93.46 (3) (a) The department may make grants for any of the following:

AB100,867,11 1. Research and development of technologies, including digesters, for using agricultural products or agricultural waste as energy sources.

AB100,867,13 2. Encouraging the use of agricultural products or agricultural waste as energy sources.