AB40,1504 20Section 1504. 77.9951 (2) of the statutes is amended to read:
AB40,740,221 77.9951 (2) Sections 77.51 (3r), (12m), (14), (14g), (15a), and (15b), 77.52 (1b),
22(3), (5), (13), (14), (18), and (19), 77.58 (1) to (5), (6m), and (7), 77.522, 77.585, 77.59,
2377.60, 77.61 (2), (3m), (5), (6), (8), (9), and (12) to (15), and (19m), and 77.62, as they
24apply to the taxes under subch. III, apply to the fee under this subchapter. The renter

1shall collect the fee under this subchapter from the person to whom the vehicle is
2rented.
AB40,1505 3Section 1505. 77.996 (6) of the statutes is amended to read:
AB40,740,74 77.996 (6) "Gross receipts" means the sales price, as defined in s. 77.51 (15b),
5except as provided in s. 77.585 (7), of tangible personal property and taxable services
6sold by a dry cleaning facility. "Gross receipts" does not include the license fee
7imposed under s. 77.9961 (1m) that is passed on to customers.
AB40,1506 8Section 1506. 78.07 (1) of the statutes is amended to read:
AB40,740,189 78.07 (1) Motor Except as provided in subs. (1a) and (3), motor vehicle fuel that
10is produced, refined, blended or manufactured, or imported for manufacturing, by
11any person at a refinery, marine terminal, pipeline terminal, pipeline tank farm or
12place of manufacture is received by a supplier when the motor vehicle fuel is removed
13from a refinery, marine terminal, pipeline terminal, pipeline tank farm or place of
14manufacture and placed in tank cars, tank trucks, tank wagons or other types of
15transportation equipment, containers or facilities at such refinery, marine terminal,
16pipeline terminal, pipeline tank farm or place of manufacture or when the motor
17vehicle fuel is placed in any tank or other container from which sales or deliveries
18not involving transportation of the motor vehicle fuel are made directly.
AB40,1507 19Section 1507. 78.07 (1a) of the statutes is created to read:
AB40,740,2320 78.07 (1a) Motor vehicle fuel shipped by pipeline spur to an airport hydrant
21system is received when the motor vehicle fuel is received from the main pipeline into
22the initial or primary storage facility or holding terminal by the owner of the storage
23facility or holding terminal.
AB40,1508 24Section 1508. 78.07 (3) of the statutes is amended to read:
AB40,741,3
178.07 (3) Except as provided in sub. subs. (1) and (1a), motor vehicle fuel
2imported is received at the time and place of unloading by the person for whose
3account that shipment or delivery is made.
AB40,1509 4Section 1509. 78.68 (10) of the statutes is amended to read:
AB40,741,95 78.68 (10) Except as provided in ss. 78.19, 78.20 (2) and 78.75 (1m) (b), s. 71.75
6(2), and (4) to (7) and (10) as it applies to the taxes under ch. 71 applies to the taxes
7under this chapter. Section Sections 71.74 (13), 71.75 (9) and (10), 71.80 (3), 71.93,
871.935, and 73.03 (52), (52m), and (52n),
as it applies they apply to refunds of the
9taxes under ch. 71 applies apply to the refund of the taxes under this chapter.
AB40,1510 10Section 1510. 79.05 (6) (a) of the statutes is amended to read:
AB40,741,1811 79.05 (6) (a) If a municipality transfers to another governmental unit
12responsibility for providing any service that the municipality provided in the
13preceding year, its budget for the preceding year shall be decreased to reflect the cost
14that the municipality incurred to provide that service, as determined by the
15department of revenue, except that, if the municipality makes payments to the other
16governmental unit for providing the service, pursuant to a contract, the amount of
17the payments are included in its budget for the year the payments are made for the
18purpose of determining eligibility under sub. (2) (c)
.
AB40,1511 19Section 1511. 79.05 (6) (b) of the statutes is amended to read:
AB40,742,220 79.05 (6) (b) If a municipality increases the services that it provides by adding
21responsibility for providing a service transferred to it from another governmental
22unit in any year, its budget for the preceding year shall be increased to reflect the cost
23of that service, as determined by the department of revenue, except that, if the
24municipality receives payments from the other governmental unit for providing the
25service, pursuant to a contract, the amount of the payments are not included in its

1budget for the year in which the payments are received for the purpose of
2determining eligibility under sub. (2) (c)
.
AB40,1512 3Section 1512. 79.095 (2) (a) of the statutes is amended to read:
AB40,742,64 79.095 (2) (a) On or before May 1 the 2nd Monday in June, the value of the
5property that is exempt under s. 70.11 (39) and (39m) in each taxing jurisdiction for
6which the municipality assesses property.
AB40,1513 7Section 1513. 79.095 (4) of the statutes is amended to read:
AB40,742,188 79.095 (4) Payment. The department shall calculate the payments due each
9taxing jurisdiction under this section by multiplying the full value as of the January
101 of the preceding year of the property that is exempt under s. 70.11 (39) and (39m)
11and that is located in the jurisdiction by the full-value gross tax rate of the
12jurisdiction for the preceding year. The department shall certify the amount of the
13payment due each taxing jurisdiction to the department of administration, which
14shall make the payments on or before the first Monday in May except that, beginning
15in 2007, the department of administration shall make the payments on or before
the
164th Monday in July. For purposes of ch. 121, school districts shall treat the payments
17made in July under this subsection as if they had been received in the previous school
18year.
AB40,1514 19Section 1514. 79.10 (4) of the statutes is amended to read:
AB40,742,2320 79.10 (4) School levy tax credit. Except as provided in sub. (5m), the amounts
21amount appropriated under s. 20.835 (3) (b) and (qb) shall be distributed to
22municipalities in proportion to their share of the sum of average school tax levies for
23all municipalities.
AB40,1515 24Section 1515. 83.015 (2) (b) of the statutes is amended to read:
AB40,743,12
183.015 (2) (b) In any county with a highway commissioner appointed under s.
283.01 (1) (b) or (c), the county highway committee shall be only a policy-making body
3determining the broad outlines and principles governing administration and the
4county highway commissioner shall have the administrative powers and duties
5prescribed for the county highway committee under par. (a), sub. (3) (a) and ss.
627.065 (4) (b) and (13), 32.05 (1) (a), 82.08, 83.01 (6), 83.013, 83.018, 83.025 (1) and
7(3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18,
883.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4),
984.10 (1), 86.04 (1) and (2), 86.07 (2), 86.19 (3), 86.34 (1) (1m), 114.33 (5), 349.07 (2),
10349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified
11elsewhere for the county highway commissioner may be deemed impliedly repealed
12for the sole reason that reference to it has been omitted in this paragraph.
AB40,1516 13Section 1516. 84.01 (30) (g) 3. of the statutes is amended to read:
AB40,743,1914 84.01 (30) (g) 3. Notwithstanding any other statute except ss. 13.48 (14) (am)
15and 16.848 (1)
, the department may sell, at the appraised value, the real estate upon
16which a park-and-ride facility is or may be located, if the department determines
17that the sale is in the best interests of the public and the department determines that
18the real estate will be used in a manner consistent with the state's transportation
19interests.
AB40,1517 20Section 1517. 84.01 (33) (intro.) of the statutes is amended to read:
AB40,744,221 84.01 (33) Highway project design inventory. (intro.) By July 1, 2014, and
22continuously thereafter, the department shall maintain an inventory of completed
23designs for highway projects such that the estimated costs of the inventory of projects
24for each program is not less than 65 20 percent of the annual amount of funding

1provided to each program. The department shall maintain an inventory for each of
2the following:
AB40,1518 3Section 1518. 84.01 (36) of the statutes is created to read:
AB40,744,44 84.01 (36) Sponsorship and partnership agreements. (a) In this subsection:
AB40,744,65 1. "Partner" means any person, whether public or private, that enters into an
6agreement with the department under par. (c).
AB40,744,87 2. "Sponsor" means any person, whether public or private, that enters into an
8agreement with the department under par. (b).
AB40,744,139 (b) Notwithstanding ss. 86.19 (1) and 86.191 (1), the department may enter into
10sponsorship agreements under which the department displays advertising,
11promotional, or sponsorship material, or other information, associated with the
12sponsor at locations owned or controlled by the department in exchange for the
13sponsor's payment of fees or provision of services to the department.
AB40,744,1714 (c) Notwithstanding s. 84.25 (11), the department may enter into partnership
15agreements under which the department authorizes a partner to engage in
16commercial activity at locations owned or controlled by the department in exchange
17for the partner's payment of fees or provision of services to the department.
AB40,744,1918 (d) All fees received under this subsection shall be deposited in the general fund
19and credited to the appropriation account under s. 20.395 (3) (eg).
AB40,745,520 (e) For each agreement under par. (b) or (c), the contract shall be awarded on
21the basis of competitive proposals in accordance with procedures established by the
22department. Requests for proposals shall be advertised in the manner determined
23by the department. Each contract shall be awarded to the person submitting the
24most advantageous competitive proposal as determined by the department. If the
25proposal of the person submitting the most advantageous competitive proposal is

1determined by the department to be less than the estimated reasonable value to the
2department or not in the public interest, the department may reject all proposals.
3The secretary shall enter into each contract on behalf of the state. Every such
4contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87, and 16.89, but
5ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract.
AB40,1519 6Section 1519. 84.013 (3) (ak) of the statutes is repealed.
AB40,1520 7Section 1520. 84.013 (3) (dm) of the statutes is repealed.
AB40,1521 8Section 1521. 84.013 (3) (kb) of the statutes is repealed.
AB40,1522 9Section 1522. 84.013 (3) (pe) of the statutes is repealed.
AB40,1523 10Section 1523. 84.013 (3) (rg) of the statutes is repealed.
AB40,1524 11Section 1524. 84.013 (3) (rp) of the statutes is repealed.
AB40,1525 12Section 1525. 84.013 (3) (te) of the statutes is repealed.
AB40,1526 13Section 1526. 84.013 (3) (tg) of the statutes is repealed.
AB40,1527 14Section 1527. 84.013 (3) (tm) of the statutes is repealed.
AB40,1528 15Section 1528. 84.013 (3) (tp) of the statutes is repealed.
AB40,1529 16Section 1529. 84.013 (3) (tv) of the statutes is repealed.
AB40,1530 17Section 1530. 84.013 (3) (tx) of the statutes is repealed.
AB40,1531 18Section 1531. 84.013 (3) (wg) of the statutes is repealed.
AB40,1532 19Section 1532. 84.013 (3) (yd) of the statutes is repealed.
AB40,1533 20Section 1533. 84.013 (3m) (a) of the statutes is repealed.
AB40,1534 21Section 1534. 84.013 (3m) (b) of the statutes is repealed.
AB40,1535 22Section 1535. 84.014 (5r) of the statutes is repealed.
AB40,1536 23Section 1536. 84.0145 (2) of the statutes is amended to read:
AB40,746,3
184.0145 (2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway
2megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq),
3(av), (ax), and (ct) and 20.866 (2) (uup) and (uur).
AB40,1537 4Section 1537. 84.017 (2) of the statutes is amended to read:
AB40,746,75 84.017 (2) Subject to sub. (3) and s. 86.255, any high-cost state highway bridge
6project may be funded only from the appropriations under s. ss. 20.395 (3) (dr), (dw),
7and (dy) and 20.866 (2) (uup).
AB40,1538 8Section 1538. 84.02 (5) (a) of the statutes is amended to read:
AB40,746,199 84.02 (5) (a) As often as it deems necessary, the department shall publish
10highway service maps showing the state trunk highway system and such other main
11highways and other features as may seem desirable. Such highway service maps
12shall be sold by the department at a price to be fixed by it, which shall be not less than
13cost. The department may permit the use of the base plates its digital base map data
14for other maps and publications in consideration of and may charge a fair fee for such
15use. The department shall make and publish or duplicate such highway service
16maps as are required for its use, and, in only one fiscal year of each fiscal biennium,
17shall publish folded highway maps of Wisconsin for free distribution to the public.
18The department shall ensure that the folded highway maps bear information
19regarding the requirements of s. 347.48 (4).
AB40,1539 20Section 1539. 84.06 (1) of the statutes is renumbered 84.06 (1) (intro.) and
21amended to read:
AB40,746,2222 84.06 (1) Definitions. (intro.) In this section,:
AB40,746,24 23(a) Subject to par. (b), "improvement" or "highway improvement" includes
24construction, all of the following:
AB40,747,3
11. Construction, reconstruction, rehabilitation, and processes incidental to
2building, fabricating, or bettering a highway or street, but not maintenance. The
3terms do not include the
.
AB40,747,7 4(b) 2. The installation, replacement, rehabilitation, or maintenance of highway
5signs, traffic control signals, highway lighting, or pavement markings, or the
6maintenance of traffic control signals or
intelligent transportation systems, unless
7incidental to building, fabricating, or bettering a highway or street.
AB40,1540 8Section 1540. 84.06 (1) (a) 2. of the statutes is created to read:
AB40,747,129 84.06 (1) (a) 2. Highway operations or activities that are life-cycle or
10investment driven and that are based on an asset management philosophy in which
11taking action adds service life by preventing or delaying deterioration of highway
12system functionality.
AB40,1541 13Section 1541. 84.06 (1) (b) (intro.) and 1. of the statutes are created to read:
AB40,747,1514 84.06 (1) (b) (intro.) "Improvement" or "highway improvement" does not
15include any of the following:
AB40,747,1616 1. Maintenance activities described in s. 84.07 (1).
AB40,1542 17Section 1542. 84.06 (13) of the statutes is created to read:
AB40,747,2218 84.06 (13) Certain expenditures limited. The department may not encumber
19or expend, from the appropriations under s. 20.395 (3) (aq), (cq), and (cr), more than
20a total of $20,000,000 in any fiscal year for the installation, replacement, or
21rehabilitation, not incidental to another highway improvement, of traffic control
22signals and intelligent transportation systems.
AB40,1543 23Section 1543. 84.07 (1) of the statutes is amended to read:
AB40,748,2424 84.07 (1) State expense; when done by county or municipality Routine
25maintenance
. The Subject to sub. (1r), the state trunk highway system shall be

1maintained by the state at state expense. The department shall prescribe by rule
2specifications for such maintenance and may contract with any county highway
3committee or municipality to have all or certain parts of the work of maintaining the
4state trunk highways within or beyond the limits of the county or municipality,
5including interstate bridges, performed by the county or municipality, and any
6county or municipality may enter into such contract. General maintenance
7Maintenance activities include the application of protective coatings, the removal
8and control of snow, the removal, treatment and sanding of ice, interim repair of
9highway surfaces and adjacent structures, and all other operations, activities and
10processes required on a regular, continuing basis for the preservation of the
11highways on the state trunk system, and including the care and protection of trees
12and other roadside vegetation and suitable planting to prevent soil erosion or to
13beautify highways pursuant to s. 66.1037, and all routine measures deemed
14necessary to provide adequate traffic service. Special maintenance activities include
15the restoration, reinforcement, complete repair or other activities which the
16department deems are necessary on an individual basis for specified portions of the
17state trunk system.
Maintenance activities also include the installation,
18replacement, rehabilitation, or maintenance of highway signs, traffic control signals,
19highway lighting, and pavement markings, and the maintenance of traffic control
20signals and
intelligent transportation systems. The department may contract with
21a private entity for services or materials or both associated with the installation,
22replacement, rehabilitation, or maintenance of highway signs, traffic control signals,
23highway lighting, and pavement markings, and the maintenance of traffic control
24signals and
intelligent transportation systems.
AB40,1544 25Section 1544. 84.07 (1r) of the statutes is created to read:
AB40,749,4
184.07 (1r) Sponsorship and partnership agreements. The department may
2enter into sponsorship and partnership agreements under s. 84.01 (36) that require
3the sponsor or partner to perform maintenance activities, in accordance with the
4department's standards, for the benefit of the department.
AB40,1545 5Section 1545. 84.07 (2) of the statutes is renumbered 84.07 (2) (a) and
6amended to read:
AB40,749,177 84.07 (2) (a) When Except as provided in par. (b), when any county or
8municipality maintains the state trunk highways within or beyond the limits of the
9county or municipality, including interstate bridges, in compliance with the
10arrangement with the department, the department shall pay the actual cost of the
11maintenance, including the allowance for materials and the use of county or
12municipal machinery and overhead expenses agreed upon in advance. The Except
13as provided in par. (b), the
payments shall be made upon presentation by the county
14highway committee or municipal clerk of a properly itemized and verified account.
15The For payments made under this paragraph, the county highway committee or
16municipal clerk shall present the itemized accounts for general maintenance work
17no later than one month following the period during which the work is performed.
AB40,1546 18Section 1546. 84.07 (2) (b) of the statutes is created to read:
AB40,749,2519 84.07 (2) (b) When any county or municipality maintains the state trunk
20highways within or beyond the limits of the county or municipality, including
21interstate bridges, in compliance with the arrangement with the department, the
22department and the county or municipality may agree to a payment method and
23terms other than that specified in par. (a), including payment according to a contract
24price for maintenance services rather than payment of the actual cost of the
25maintenance.
AB40,1547
1Section 1547. 84.09 (1) of the statutes is amended to read:
AB40,751,72 84.09 (1) The department may acquire by gift, devise, purchase or
3condemnation any lands for establishing, laying out, widening, enlarging,
4extending, constructing, reconstructing, improving and maintaining highways and
5other transportation related facilities, or interests in lands in and about and along
6and leading to any or all of the same; and after establishment, layout and completion
7of such improvements, the department may, subject to any prior action under s. 13.48
8(14) (am) or 16.848 (1),
convey such lands thus acquired and not necessary for such
9improvements, with reservations concerning the future use and occupation of such
10lands so as to protect such public works and improvements and their environs and
11to preserve the view, appearance, light, air and usefulness of such public works.
12Whenever the department deems it necessary to acquire any such lands or interests
13therein for any transportation related purpose, it shall so order and in such order or
14on a map or plat show the old and new locations and the lands and interests required,
15and shall file a copy of the order and map with the county clerk and county highway
16committee of each county in which such lands or interests are required or, in lieu of
17filing a copy of the order and map, may file or record a plat in accordance with s.
1884.095. For the purposes of this section the department may acquire private or public
19lands or interests in such lands. When so provided in the department's order, such
20land shall be acquired in fee simple. Unless it elects to proceed under sub. (3), the
21department shall endeavor to obtain easements or title in fee simple by conveyance
22of the lands or interests required at a price, including any damages, deemed
23reasonable by the department. The instrument of conveyance shall name the state
24as grantee and shall be recorded in the office of the register of deeds. The purchase
25or acquisition of lands or interests therein under this section is excepted and exempt

1from s. 20.914 (1). The department may purchase or accept donations of remnants
2of tracts or parcels of land existing at the time or after it has acquired portions of such
3tracts or parcels by purchase or condemnation for transportation purposes where in
4the judgment of the department such action would assist in making whole the
5landowner, a part of whose lands have been taken for transportation purposes and
6would serve to minimize the overall costs of such taking by the public. This
7subsection does not apply to lands that are sold under s. 16.848.
AB40,1548 8Section 1548. 84.09 (5) (a) of the statutes is amended to read:
AB40,752,39 84.09 (5) (a) Subject to pars. (b) and (c) and any prior action under s. 13.48 (14)
10(am) or 16.848 (1),
and subject to the approval of the governor, the department may
11sell at public or private sale property of whatever nature owned by the state and
12under the jurisdiction of the department when the department determines that the
13property is no longer necessary for the state's use for transportation purposes and,
14if real property, the real property is not the subject of a petition under s. 16.310 (2).
15The department shall present to the governor a full and complete report of the
16property to be sold, the reason for the sale, and the minimum price for which the same
17should be sold, together with an application for the governor's approval of the sale.
18The governor shall thereupon make such investigation as he or she may deem
19necessary and approve or disapprove the application. Upon such approval and
20receipt of the full purchase price, the department shall by appropriate deed or other
21instrument transfer the property to the purchaser. The approval of the governor is
22not required for public or private sale of property having an appraised value at the
23time of sale of not more than $15,000, for the transfer of surplus state real property
24to the department of administration under s. 16.310, or for the transfer of surplus
25state personal property to the department of tourism under sub. (5s). The funds

1derived from sales under this subsection shall be deposited in the transportation
2fund, and the expense incurred by the department in connection with the sale shall
3be paid from such fund.
AB40,1549 4Section 1549. 84.09 (5) (c) 1. (intro.) of the statutes is amended to read:
AB40,752,135 84.09 (5) (c) 1. (intro.) Prior Subject to any prior action under s. 13.48 (14) (am)
6or 16.848 (1), prior
to conducting a public sale on a generally marketable surplus land
7parcel under par. (b), the department shall contact the county, municipality, and the
8local school district where the land parcel is located and the department of natural
9resources to solicit interest in acquiring the parcel for public use. Upon notification
10from the department, the county, municipality, local school district, and department
11of natural resources must respond to the department, stating their interest in the
12land for public use, within 60 days. Failure to respond within 60 days constitutes
13noninterest in the land parcel.
AB40,1550 14Section 1550. 84.09 (5) (c) 2. (intro.) of the statutes is amended to read:
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