AB40: Bill Text

AB40,911,21 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.

AB40, s. 2239 Section 2239. 85.09 (4m) of the statutes is amended to read:

AB40,912,2 85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of commerce Wisconsin Housing and Economic Development Authority.

AB40, s. 2240 Section 2240. 85.095 (2) (b) of the statutes is repealed.

AB40, s. 2241 Section 2241. 85.11 of the statutes is repealed.

AB40, s. 2242 Section 2242. 85.14 (title) of the statutes is amended to read:

AB40,912,7 85.14 (title) Payments of fees and deposits by credit card, debit card, or other electronic payment mechanism; electronic transactions.

AB40, s. 2243 Section 2243. 85.14 (1) (a) of the statutes is amended to read:

AB40,912,20 85.14 (1) (a) The department may accept payment by credit card, debit card, or any other electronic payment mechanism of a any fee that is required to be paid to the department under ch. 194, 218, 341, 342, 343 or 348. The department shall determine which fees may be paid by credit card, debit card, or any other electronic payment mechanism and the manner in which the payments may be made. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a convenience fee for each transaction in an amount to be established by rule. The convenience fee shall approximate the cost to the department for providing this service to persons who request it. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a service fee of $2.50 for each transaction until a rule is promulgated under this paragraph.

AB40, s. 2244 Section 2244. 85.14 (3) of the statutes is created to read:

AB40,912,25 85.14 (3) The department may establish procedures for conducting any transaction in an electronic format or using an electronic process. Any form prescribed by the department may be prescribed in an automated format to facilitate the department's authority under this subsection.

AB40, s. 2245 Section 2245. 85.14 (4) of the statutes is created to read:

AB40,913,8 85.14 (4) The department may promulgate rules requiring a person to pay an additional fee for conducting an in-person, telephone, or paper transaction in lieu of using an electronic filing or submission option when the department has made an electronic filing or submission option available. These rules may provide for exemptions from the additional fee for designated categories of persons or transactions. The fee authorized under this subsection is in addition to any other fee that may be imposed by the department.

AB40, s. 2246 Section 2246. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB40,913,20 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $63,784,700 for aid payable for calendar year 2008, $65,299,200 for aid payable for calendar year 2009, $66,585,600 for aid payable for calendar year 2010, and $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year 2012 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 of $80,000,000 or more. 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.

AB40, s. 2247 Section 2247 . 85.20 (4m) (a) 6. cm. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,914,6 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht) (hc), the department shall pay $66,585,600 for aid payable for calendar year 2010, $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year 2012 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 of $80,000,000 or more. 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.

AB40, s. 2248 Section 2248. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB40,914,18 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,754,000 for aid payable for calendar year 2008, $17,158,400 for aid payable for calendar year 2009, $17,496,400 for aid payable for calendar year 2010, and $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year 2012 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.

AB40, s. 2249 Section 2249 . 85.20 (4m) (a) 6. d. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,915,4 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu) (hd), the department shall pay $17,496,400 for aid payable for calendar year 2010, $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year 2012 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.

AB40, s. 2250 Section 2250. 85.20 (4m) (a) 6. e. of the statutes is amended to read:

AB40,915,10 85.20 (4m) (a) 6. e. From the appropriation under s. 20.395 (1) (hw) (he), the department may pay the uniform percentage for each eligible applicant for a commuter or light rail system that has been enumerated under s. 85.062 (3). An eligible applicant may not receive aid under subd. 6. cm. or d., 7., or 8. for a commuter rail or light rail transit system.

AB40, s. 2251 Section 2251. 85.20 (4m) (a) 7. a. of the statutes is amended to read:

AB40,915,17 85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr) (ha), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2000 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.

AB40, s. 2252 Section 2252. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB40,915,24 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,034,400 in calendar year 2008, $24,614,500 in calendar year 2009, $25,099,500 in calendar year 2010, and $25,852,500 in calendar year 2011, and $23,267,200 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40, s. 2253 Section 2253. 85.20 (4m) (a) 8. a. of the statutes is amended to read:

AB40,916,6 85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs) (hb), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2000 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.

AB40, s. 2254 Section 2254. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB40,916,13 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,440,500 in calendar year 2008, $5,571,800 in calendar year 2009, $5,681,600 in calendar year 2010, and $5,852,200 in calendar year 2011, and $5,267,000 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40, s. 2255 Section 2255. 85.20 (4s) of the statutes is amended to read:

AB40,916,19 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hr), (hs), (ht), (hu), or (hw) (ha), (hb), (hc), (hd), or (he).

AB40, s. 2256 Section 2256. 85.25 (2) (c) 1m. b. of the statutes is amended to read:

AB40,916,22 85.25 (2) (c) 1m. b. It is currently performing a useful business function as defined in s. 560.036 490.04 (1) (h).

AB40, s. 2257 Section 2257. 85.26 (1) (title) of the statutes is repealed.

AB40, s. 2258 Section 2258. 85.26 (1) (intro.) and (a) of the statutes are consolidated, renumbered 85.26 (1) and amended to read:

AB40,917,6 85.26 (1) In this section: (a) "Intercity, "intercity bus service" means regularly scheduled bus service for the general public that operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity, that has the capacity for transporting baggage carried by passengers, and that makes meaningful connections with scheduled intercity bus service to more distant points if service to more distant points is available.

AB40, s. 2259 Section 2259. 85.26 (1) (b) of the statutes is repealed.

AB40, s. 2260 Section 2260. 85.26 (1) (c) of the statutes is repealed.

AB40, s. 2261 Section 2261. 85.26 (2) (title) of the statutes is repealed.

AB40, s. 2262 Section 2262. 85.26 (2) (a) (intro.) and 1. of the statutes are consolidated, renumbered 85.26 (2) (a) and amended to read:

AB40,917,16 85.26 (2) (a) The department shall develop and administer an intercity bus assistance program to increase the availability of intercity bus service in this state. Under this program, the department may do any of the following: 1. Contract may contract with private providers of intercity bus service to support intercity bus service routes of the provider.

AB40, s. 2263 Section 2263. 85.26 (2) (a) 2. of the statutes is repealed.

AB40, s. 2264 Section 2264. 85.26 (2) (b) (intro.) of the statutes is amended to read:

AB40,917,23 85.26 (2) (b) (intro.) All expenditures under the program for contracts under par. (a) shall be made from the appropriations appropriation under s. 20.395 (1) (bq), (bv), and (bx). The department may not enter into any contract under par. (a) 1., or award any grant under par. (a) 2., that provides funds to support any intercity bus service route in an amount exceeding the lesser of the following:

AB40, s. 2265 Section 2265. 85.26 (2) (b) 1. of the statutes is repealed.

AB40, s. 2266 Section 2266. 85.26 (2) (b) 2. of the statutes is repealed.

AB40, s. 2267 Section 2267. 85.26 (2) (c) of the statutes is repealed.

AB40, s. 2268 Section 2268. 86.30 (2) (a) 3. of the statutes is amended to read:

AB40,918,6 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 $1,956 in calendar year 2008, $2,015 in calendar year 2009, $2,055 in calendar year 2010, and $2,117 in calendar year 2011, and $2,053 in calendar year 2012 and thereafter.

AB40, s. 2269 Section 2269. 86.30 (2) (b) 1. of the statutes is amended to read:

AB40,918,12 86.30 (2) (b) 1. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 2. may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment or a decrease in its annual transportation aid payment in excess of 5% 15 percent of its last previous calendar year transportation aid payment.

AB40, s. 2270 Section 2270. 86.30 (2) (b) 1g. of the statutes is amended to read:

AB40,918,17 86.30 (2) (b) 1g. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 3. may receive a decrease in its annual transportation aid payment in excess of 5% 15 percent of its last previous calendar year transportation aid payment.

AB40, s. 2271 Section 2271. 86.30 (2) (b) 1r. of the statutes is amended to read:

AB40,918,23 86.30 (2) (b) 1r. Except as provided under s. 86.303, no county may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment. Except as provided under par. (dm) and s. 86.303, no county may receive a decrease in its annual transportation aid payment in excess of 2% 15 percent of its last previous calendar year transportation aid payment.

AB40, s. 2272 Section 2272. 86.30 (9) (b) of the statutes is amended to read:

AB40,919,6 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $96,492,900 in calendar year 2008, $99,387,700 in calendar year 2009, $101,375,500 in calendar year 2010, and $104,416,800 in calendar year 2011, and $93,975,100 in calendar year 2012 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.

AB40, s. 2273 Section 2273. 86.30 (9) (c) of the statutes is amended to read:

AB40,919,14 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $303,578,100 in calendar year 2008, $312,685,400 in calendar year 2009, $318,939,100 in calendar year 2010, and $328,507,300 in calendar year 2011, and $295,656,600 in calendar year 2012 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.

AB40, s. 2274 Section 2274. 86.303 (5) (e) of the statutes is amended to read:

AB40,919,20 86.303 (5) (e) Except as provided in par. (f), if a county or municipality fails to submit a substantially complete and accurate financial report form by the applicable date under par. (c) or (d) each year, the aids payable to the county or municipality during the following year shall be equal to 90% 85 percent of the aids actually paid to the county or municipality under s. 86.30 (2) during the preceding year.

AB40, s. 2275 Section 2275. 86.303 (5) (f) 2. of the statutes is amended to read:

AB40,919,25 86.303 (5) (f) 2. The amount of aids payable to the county or municipality under s. 86.30 (2) during the following year may not be reduced to less than 90% 85 percent of the aids actually paid to the county or municipality under s. 86.30 (2) during the preceding year.

AB40, s. 2276 Section 2276. 86.303 (5) (h) of the statutes is amended to read:

AB40,920,6 86.303 (5) (h) Except as provided in par. (i), if a county or municipality under par. (g) fails to submit the financial reports required under par. (g) by July 31 each year, the aids payable to the county or municipality during the following year shall be equal to 90% 85 percent of the aids actually paid to the county or municipality under s. 86.30 (2) during the preceding year.

AB40, s. 2277 Section 2277. 86.303 (5) (i) 2. of the statutes is amended to read:

AB40,920,11 86.303 (5) (i) 2. The amount of aids payable to the county or municipality under s. 86.30 (2) during the following year may not be reduced to less than 90% 85 percent of the aids actually paid to the county or municipality under s. 86.30 (2) during the preceding year.

AB40, s. 2278 Section 2278. 86.303 (7) (b) of the statutes is amended to read:

AB40,920,21 86.303 (7) (b) If the county or municipality fails to conduct an independent audit when ordered to do so by the department, the aids payable during the following year shall be equal to 90% 85 percent of the aids actually paid during the preceding year. If the department has reason to believe that the 90% 85 percent payment will be greater than the actual payment should be, the department may itself order an independent audit and deduct the audit costs from the transportation aids paid to the county or municipality under s. 86.30 (2). Any underpayment or overpayment of aids resulting from financial reporting errors shall be rectified by adjusting aids paid in the following year.

AB40, s. 2279 Section 2279. 91.04 (2) (j) of the statutes is amended to read:

AB40,920,25 91.04 (2) (j) Rezoning of land out of farmland preservation zoning districts under s. 91.48, including the amounts of conversion fees paid to political subdivisions under s. 91.48 (1) (b).

AB40, s. 2280 Section 2280. 91.48 (1) (intro.) of the statutes is amended to read:

AB40,921,5 91.48 (1) (intro.) A political subdivision with a certified farmland preservation zoning ordinance may rezone land out of a farmland preservation zoning district without having the rezoning certified under s. 91.36, if all of the following apply the political subdivision finds all of the following, after public hearing:

AB40, s. 2281 Section 2281. 91.48 (1) (a) (intro.) of the statutes is repealed.

AB40, s. 2282 Section 2282. 91.48 (1) (a) 1. to 4. of the statutes are renumbered 91.48 (1) (a) to (d).

AB40, s. 2283 Section 2283. 91.48 (1) (b) of the statutes is repealed.

AB40, s. 2284 Section 2284. 91.48 (2) (intro.) and (a) of the statutes are consolidated, renumbered 91.48 (2) and amended to read:

AB40,921,16 91.48 (2) A political subdivision shall by March of 1 of each year provide all of the following to the department: (a) A a report of the number of acres that the political subdivision has rezoned out of a farmland preservation zoning district under sub. (1) during the previous year and a map that clearly shows the location of those acres.

AB40, s. 2285 Section 2285. 91.48 (2) (b) and (c) of the statutes are repealed.

AB40, s. 2286 Section 2286. 91.48 (3) of the statutes is amended to read:

AB40,921,21 91.48 (3) A political subdivision that is not a county shall by March 1 of each year submit a copy of the information that it reports to the department under sub. (2) (a) and (b) to the county in which the political subdivision is located.

AB40, s. 2287 Section 2287. 91.49 of the statutes is repealed.

AB40, s. 2288 Section 2288. 92.025 (4) of the statutes is amended to read:

AB40,922,2 92.025 (4) Interim goal; state-run farms. The soil erosion rate on individual cropland fields of farms owned by the University of Wisconsin System , the University of Wisconsin–Madison, or any other department or agency of state government does not exceed the tolerable soil erosion level on or after July 1, 1990.

AB40, s. 2289 Section 2289. 92.04 (2) (g) of the statutes is amended to read:

AB40,922,7 92.04 (2) (g) Advise the University of Wisconsin System and University of Wisconsin–Madison. The board shall advise the University of Wisconsin System and University of Wisconsin–Madison annually on needed research and educational programs relating to soil and water conservation.

AB40, s. 2290 Section 2290. 92.05 (3) (d) of the statutes is amended to read: