SB30-SSA1,700,5 (c) Not later than 6 months after the effective date of this paragraph .... [LRB inserts date], the governing body of the transferor and transferee municipalities or counties under par. (b) adopt resolutions stating the intent of the municipality or county to revert jurisdiction of the highway to the department and provide a copy of the resolution to the department.

SB30-SSA1,1221m Section 1221m. 84.06 (14) of the statutes is created to read:

SB30-SSA1,700,10 84.06 (14) Replace-in-kind alternatives required. (a) In this subsection, “replace-in-kind alternative” means a project plan that does not include bicycle lanes, added lanes of travel, or significant design modifications that would include geometric or safety modifications, changes to highway alignment, or access points.

SB30-SSA1,700,12 (b) The department shall conduct a study of and provide a cost estimate for a replace-in-kind alternative for each highway improvement project.

SB30-SSA1,1222 Section 1222 . 84.062 of the statutes is repealed.

SB30-SSA1,1222m Section 1222m. 84.07 (1) of the statutes is amended to read:

SB30-SSA1,701,12 84.07 (1) Routine maintenance. Subject to sub. (1r), the state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and may contract with any county highway committee or municipality to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the county or municipality, and any county or municipality may enter into such contract. Maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a regular, continuing basis for the preservation of the highways on the state trunk system, and including the care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to s. 66.1037, and all routine measures deemed necessary to provide adequate traffic service. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, highway lighting, and pavement markings, and the maintenance of traffic control signals and intelligent transportation systems. Maintenance activities do not include the removal and disposal of deer killed by vehicles on state trunk highways. The department may contract with a private entity for services or materials or both associated with the installation, replacement, rehabilitation, or maintenance of highway signs, highway lighting, and pavement markings and the maintenance of traffic control signals and intelligent transportation systems.

SB30-SSA1,1223 Section 1223 . 84.41 (3) of the statutes is repealed.

SB30-SSA1,1224 Section 1224 . 84.59 (6) of the statutes is amended to read:

SB30-SSA1,702,4 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 $3,931,472,900 $4,055,372,900, 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, 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.

SB30-SSA1,1224m Section 1224m. 85.062 (3) (b) of the statutes is repealed.

SB30-SSA1,1224o Section 1224o. 85.066 (3) of the statutes is renumbered 85.066 (3) (intro.) and amended to read:

SB30-SSA1,702,13 85.066 (3) Counties containing Expenditures related to certain transportation systems in a first class city. (intro.) A county containing a 1st class city The following may not incur any direct or indirect expenses, including the forfeiture of any revenue, relating to the operation or construction of a rail fixed guideway transportation system in the a 1st class city unless the expense incurred or revenue forfeited will be fully reimbursed by the 1st class city .:

SB30-SSA1,1224p Section 1224p. 85.066 (3) (a) to (c) of the statutes are created to read:

SB30-SSA1,702,16 85.066 (3) (a) Except as required to comply with the requirements under 59 USC 5329, the state.

SB30-SSA1,702,17 (b) An agency, as defined in s. 16.52 (7).

SB30-SSA1,702,18 (c) A county in which the 1st class city is located.

SB30-SSA1,1224r Section 1224r. 85.066 (4) of the statutes is created to read:

SB30-SSA1,702,24 85.066 (4) Reimbursement. If a person restricted from incurring expenses under sub. (3), with the approval of the 1st class city, incurs a direct or indirect expense, including the forfeiture of any revenue, relating to the operation or construction of a rail fixed guideway transportation system in a 1st class city, the 1st class city shall fully reimburse the person for the expense.

SB30-SSA1,1224t Section 1224t. 85.09 (2) (a) of the statutes is amended to read:

SB30-SSA1,704,5 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05, except that the power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

SB30-SSA1,1225g Section 1225g. 85.20 (9) of the statutes is created to read:

SB30-SSA1,704,9 85.20 (9) Prohibited expenditures. An eligible applicant may not use aids provided under this section for any purpose related to the operation of a rail fixed guideway transportation system, as defined in s. 85.066 (1), in a 1st class city.

SB30-SSA1,1226 Section 1226 . 86.07 (2) (a) of the statutes is amended to read:

SB30-SSA1,705,6 86.07 (2) (a) Subject to par. (b) and s. 86.16 (1m) (a) 2. and (c) and (6), no person shall make any excavation or fill or install any culvert or make any other alteration in any highway or in any manner disturb any highway or bridge without a permit therefor from the highway authority maintaining the highway. Such permit shall contain the statement and be subject to the condition that the work shall be constructed subject to such rules and regulations as may be prescribed by said authority and be performed and completed to its satisfaction, and in the case of temporary alterations that the highway or bridge shall be restored to its former condition, and that the permittee shall be liable to the town or county or state, as the case may be, for all damages which occur during the progress of said work or as a result thereof. Nothing herein shall abridge the right of the department, the county board or its highway committee, or any other local authority to make such additional rules, regulations and conditions not inconsistent herewith as may be deemed necessary and proper for the preservation of highways, or for the safety of the public, and to make the granting of any such permit conditional thereon. If any culvert is installed or any excavation or fill or any other alteration is made in violation of the provisions of this paragraph, the highway or bridge may be restored to its former condition by the highway authority in charge of the maintenance thereof at the expense of the violator; and any person who violates this paragraph shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment not exceeding 6 months, or both.

SB30-SSA1,1226m Section 1226m. 86.16 (1) of the statutes is amended to read:

SB30-SSA1,705,16 86.16 (1) Any person, firm, or corporation, including any foreign corporation authorized to transact business in this state, may, subject to ss. 30.44 (3m), 30.45 and 196.491 (3) (d) 3m., with the written consent of the department with respect to state trunk highways, and with the written consent of local authorities with respect to highways under their jurisdiction, including connecting highways, construct and operate lines, wires, or fiber for telecommunications service, as defined in s. 182.017 (1g) (cq), telegraph, telephone, or electric lines, or pipes or pipelines, for the purpose of transmitting voice, video, data, messages, water, liquid manure, heat, light, or power along, across, under, or within the limits of the highway.

SB30-SSA1,1227 Section 1227 . 86.16 (6) of the statutes is created to read:

SB30-SSA1,705,22 86.16 (6) If the department consents under sub. (1) to the construction of broadband infrastructure in underserved areas, as designated under s. 196.504 (2) (d), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.