SB40: Bill Text

SB40, s. 2530 Section 2530. 84.06 (3) of the statutes is amended to read:

SB40,1205,25 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 ss. 16.753 and, 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.

SB40, s. 2531 Section 2531. 84.06 (4) of the statutes is amended to read:

SB40,1206,20 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, 16.753, 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.

SB40, s. 2532 Section 2532. 84.09 (1) of the statutes is amended to read:

SB40,1208,2 84.09 (1) The department may acquire by gift, devise, purchase or condemnation any lands for establishing, laying out, widening, enlarging, extending, constructing, reconstructing, improving and maintaining highways and other transportation related facilities, or interests in lands in and about and along and leading to any or all of the same; and after establishment, layout and completion of such improvements, the department may convey such lands thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such lands so as to protect such public works and improvements and their environs and to preserve the view, appearance, light, air and usefulness of such public works. Whenever the department deems it necessary to acquire any such lands or interests therein for any transportation related purpose, it shall so order and in such order or on a map or plat show the old and new locations and the lands and interests required, and shall file a copy of the order and map with the county clerk and county highway committee of each county in which such lands or interests are required or, in lieu of filing a copy of the order and map, may file or record a plat in accordance with s. 84.095. For the purposes of this section the department may acquire private or public lands or interests in such lands. When so provided in the department's order, such land shall be acquired in fee simple. Unless it elects to proceed under sub. (3), the department shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required at a price, including any damages, deemed reasonable by the department. The instrument of conveyance shall name the state as grantee and shall be recorded in the office of the register of deeds. The purchase or acquisition of lands or interests therein under this section is excepted and exempt from s. 20.914 (1). The department may purchase or accept donations of remnants of tracts or parcels of land existing at the time or after it has acquired portions of such tracts or parcels by purchase or condemnation for transportation purposes where in the judgment of the department such action would assist in making whole the landowner, a part of whose lands have been taken for transportation purposes and would serve to minimize the overall costs of such taking by the public. This subsection does not apply to lands that are sold under s. 16.848.

SB40, s. 2533 Section 2533. 84.185 (1) (ce) of the statutes is amended to read:

SB40,1208,4 84.185 (1) (ce) "Job" has the meaning specified in s. 560.60 (10) 560.17 (1) (bm).

SB40, s. 2534 Section 2534. 84.185 (1) (cm) of the statutes is amended to read:

SB40,1208,7 84.185 (1) (cm) "Political subdivision" has the meaning specified in s. 560.60 (13) means a county, city, town, or village.

SB40, s. 2535 Section 2535. 84.28 (1) of the statutes is amended to read:

SB40,1208,25 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.

SB40, s. 2536 Section 2536. 84.555 (1m) (a) of the statutes is amended to read:

SB40,1209,8 84.555 (1m) (a) 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) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014 and for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1.

SB40, s. 2537 Section 2537. 84.59 (2) (b) of the statutes is amended to read:

SB40,1209,25 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), (4), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r) , and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

SB40, s. 2538 Section 2538. 84.59 (6) of the statutes is amended to read:

SB40,1210,16 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 $2,324,377,900 $2,708,341,000, 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, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

SB40, s. 2539 Section 2539. 85.013 (2) (a) of the statutes is amended to read:

SB40,1210,19 85.013 (2) (a) The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under ch. 344.

SB40, s. 2540 Section 2540. 85.015 of the statutes is amended to read:

SB40,1210,25 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, 16.752, and 16.753, 16.771, and 16.871 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, 16.85 to 16.87, and 16.875 to 16.89.

SB40, s. 2541 Section 2541. 85.029 of the statutes is created to read:

SB40,1211,2 85.029 Safe routes to school program. (1) In this section:

SB40,1211,3 (a) "Local governmental unit" has the meaning given in s. 59.72 (1) (c).

SB40,1211,4 (b) "Political subdivision" has the meaning given in s. 85.026 (1) (a).

SB40,1211,5 (c) "State agency" has the meaning given in s. 20.001 (1).

SB40,1211,6 (d) "Indian tribe" has the meaning given in s. 139.30 (5).

SB40,1211,9 (2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).

SB40,1211,12 (3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).

SB40,1211,15 (4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).

SB40,1211,18 (5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.

SB40,1211,20 (6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).

SB40, s. 2542 Section 2542. 85.037 of the statutes is amended to read:

SB40,1212,2 85.037 Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under s. 342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under s. 20.855 (4) (f) (rm) during the current fiscal year.

SB40, s. 2543 Section 2543. 85.061 (3) (a) 1. of the statutes is amended to read:

SB40,1212,10 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.

SB40, s. 2544 Section 2544. 85.09 (4i) of the statutes is amended to read:

SB40,1212,21 85.09 (4i) Disposal of rail property. The department shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 560.9810 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from the appropriation under s. 20.395 (2) (bq). This subsection does not apply to real property that is sold under s. 16.848.

SB40, s. 2545 Section 2545. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

SB40,1213,11 85.20 (4m) (a) 6. cm. For aid payable for calendar 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, $60,289,100 for aid payable for calendar year 2008, and $61,494,900 for aid payable for calendar year 2009 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.

SB40, s. 2546 Section 2546. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

SB40,1214,2 85.20 (4m) (a) 6. d. For aid payable for calendar 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, $16,095,200 for aid payable for calendar year 2008, and $16,417,100 for aid payable for calendar year 2009 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.

SB40, s. 2547 Section 2547. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

SB40,1214,9 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $21,757,600 in calendar years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700 in calendar year 2007, $23,089,100 in calendar year 2008, and $23,551,200 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB40, s. 2548 Section 2548. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

SB40,1214,16 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $4,925,100 in calendar years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar year 2007, $5,225,600 in calendar year 2008, and $5,331,100 in calendar year 2009 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SB40, s. 2549 Section 2549. 85.24 (4) (b) of the statutes is amended to read:

SB40,1214,22 85.24 (4) (b) Paragraph (a) does not prohibit the disclosure of the information to the extent necessary to administer the ride-sharing program nor, if requested under s. 49.22 (2m), does it prohibit disclosure of the name or address of a person or of his or her employer to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40, s. 2550 Section 2550. 85.24 (4) (c) of the statutes is amended to read:

SB40,1215,5 85.24 (4) (c) Any person who willfully discloses or who, under false pretenses, willfully requests or obtains information in violation of par. (a) may be required to forfeit not more than $500 for each violation. This paragraph does not apply to information disclosed, requested or obtained to the extent necessary to administer the ride-sharing program or, if requested under s. 49.22 (2m), to the department of workforce development children and families or a county child support agency under s. 59.53 (5).

SB40, s. 2551 Section 2551. 86.195 (3) (b) 3. of the statutes is amended to read:

SB40,1215,10 86.195 (3) (b) 3. Fifty percent of the gross receipts sales price, as defined in s. 77.51 (15b), 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

SB40, s. 2552 Section 2552. 86.30 (2) (a) 3. of the statutes is amended to read:

SB40,1215,16 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 $1,825 in calendar years 2004 and 2005, $1,862 in calendar year 2006, and $1,899 in calendar year 2007, $1,937 in calendar year 2008, and $1,976 in calendar year 2009 and thereafter.

SB40, s. 2553 Section 2553. 86.30 (9) (b) of the statutes is amended to read:

SB40,1215,23 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $90,044,600 in calendar years 2004 and 2005, $91,845,500 in calendar year 2006, and $93,682,400 in calendar year 2007, $95,556,000 in calendar year 2008, and $97,467,100 in calendar year 2009 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.

SB40, s. 2554 Section 2554. 86.30 (9) (c) of the statutes is amended to read:

SB40,1216,7 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $283,291,100 in calendar years 2004 and 2005, $288,956,900 in calendar year 2006, and $294,736,000 in calendar year 2007, $300,630,700 in calendar year 2008, and $306,643,300 in calendar year 2009 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.

SB40, s. 2555 Section 2555. 86.31 (3g) of the statutes is amended to read:

SB40,1216,15 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,250,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $5,355,000 in fiscal year 2007-08, and $5,567,100 in fiscal year 2008-09 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB40, s. 2556 Section 2556. 86.31 (3m) of the statutes is amended to read:

SB40,1216,23 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $750,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $765,000 in fiscal year 2007-08, and $795,300 in fiscal year 2008-09 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB40, s. 2557 Section 2557. 86.31 (3r) of the statutes is amended to read:

SB40,1217,7 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $1,000,000 in each fiscal year, beginning in fiscal year 2005-06 and in fiscal year 2006-07, $1,020,000 in fiscal year 2007-08, and $1,060,400 in fiscal year 2008-09 and each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

SB40, s. 2558 Section 2558. 88.15 of the statutes is repealed.

SB40, s. 2559 Section 2559. 91.06 of the statutes is renumbered 91.06 (1) and amended to read:

SB40,1217,16 91.06 (1) Certification by board. The Before the effective date of this subsection .... [revisor inserts date], the board shall review farmland preservation plans and exclusive agricultural use zoning ordinances submitted to it under ss. 91.61 and 91.78 and shall certify to the appropriate zoning authority whether the plans and ordinances meet the standards of subchs. IV and V, respectively. Certifications may be in whole or in part.

SB40, s. 2560 Section 2560. 91.06 (2) and (3) of the statutes are created to read:

SB40,1217,19 91.06 (2) Certification of plans. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:

SB40,1217,22 1. The department may certify a county farmland preservation plan or revision to a county farmland preservation plan based on the county certification under s. 91.61 (2) (d).

SB40,1217,24 2. The department may do any of the following before it determines whether to certify a county's farmland preservation plan or revision to a plan:

SB40,1217,25 a. Review the plan or revision for compliance with ss. 91.51 to 91.59.

SB40,1218,1 b. Review and audit the application for certification under s. 91.61 (2).

SB40,1218,4 (b) The department shall grant or deny an application for certification under s. 91.61 (2) in writing no later than the 90th day following receipt of a complete application, unless the county agrees to an extension.

SB40,1218,8 (c) The department may grant an application for certification under s. 91.61 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county does not make the required changes by a deadline specified by the department.

SB40,1218,12 (d) For the purposes of this chapter and subch. IX of ch. 71, a certified farmland preservation plan does not include a revision to the plan adopted after the effective date of this paragraph .... [revisor inserts date], unless the department certifies the revision under par. (b).

SB40,1218,14 (3) Certification of ordinances. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:

SB40,1218,16 1. The department may certify an exclusive agricultural use zoning ordinance or revision to an ordinance based on the certification under s. 91.78 (2) (d).

SB40,1218,18 2. The department may do any of the following before it determines whether to certify an exclusive agricultural use zoning ordinance or revision to an ordinance:

SB40,1218,19 a. Review the ordinance or revision for compliance with ss. 91.75 and 91.77.

SB40,1218,20 b. Review and audit the application for certification under s. 91.78 (2).

SB40,1218,23 (b) The department shall grant or deny an application for certification under s. 91.78 (2) in writing no later than the 90th day following receipt of a complete application, unless the county, city, village, or town agrees to an extension.

SB40,1219,2 (c) The department may grant an application for certification under s. 91.78 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county, city, village, or town does not make the required changes by a deadline specified by the department.

SB40, s. 2561 Section 2561. 91.13 (8) (fm) of the statutes is amended to read:

SB40,1219,7 91.13 (8) (fm) A statement in boldface uppercase type that contains the following language: "UPON RELINQUISHMENT (WITHDRAWAL OR EXPIRATION) OF FROM THIS AGREEMENT, A PAYBACK OF CREDITS WITH INTEREST PAYMENT TO THE STATE MAY BE REQUIRED."

SB40, s. 2562 Section 2562. 91.17 (1) of the statutes is amended to read: