AB150,1247,7 784.05 Railroad crossing improvements. On a highway which the
8department has authority to construct and which crosses a railroad, if the
9department determines that the construction or reconstruction of a grade separation
10or the rearrangement or elimination of a grade crossing or other rearrangement of
11the highway or tracks is necessary in the interest of public safety or for convenience
12of public travel, the department shall make a plan of the construction proposed and
13an estimate of the cost thereof, including the cost of needed right-of-way; and shall
14endeavor to make an arrangement with all persons concerned as to all matters
15involved in the plan, including the portion of the cost of the contemplated work which
16the persons shall defray. If the department is unable to contract with the persons
17concerned as to the distribution and payment of the cost of the work or the
18maintenance thereof, the department shall lay the matter before the office of the
19commissioner of railroads, and the office of the commissioner of railroads shall
20review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and
21195.29, and shall
fix the portion of the cost of the construction and of the maintenance
22which is to be paid by the persons or corporations concerned, and the portion of the
23cost, if any, to be paid by the public, which portion shall be paid from the
24transportation fund, and issue an appropriate order. The office of the commissioner
25of railroads
department shall determine the benefits, if any, which will inure to other

1highways, and apportion and charge to the units of government responsible for the
2construction of such other highways a fair portion of the cost. The department shall
3promulgate a rule establishing criteria with respect to the allocation of costs under
4this section. A person who is aggrieved by an order of the department under this
5section may, within 20 days after the date that the order is issued, request review of
6the order by the division of hearings and appeals. The division of hearings and
7appeals shall review the order in the manner provided in s. 195.325.
AB150, s. 3520 8Section 3520. 84.25 (11) of the statutes is amended to read:
AB150,1247,139 84.25 (11) Commercial enterprises. No commercial enterprise, except a
10vending facility which is licensed by the department of health and social services
11industry, labor and human relations and operated by blind or visually impaired
12persons, shall be authorized or conducted within or on property acquired for or
13designated as a controlled-access highway.
AB150, s. 3521 14Section 3521. 84.28 (1) of the statutes is amended to read:
AB150,1248,615 84.28 (1) Moneys from the appropriation under s. 20.370 (1) (mr) may be
16expended for the renovation, marking and maintenance of a town or county highway
17located within the boundaries of any state park, state forest or other property under
18the jurisdiction of the department of natural resources or the department of tourism
19and parks
. Moneys from the appropriation under s. 20.370 (1) (mr) may be expended
20for the renovation, marking and maintenance of a town or county highway located
21in the lower Wisconsin state riverway as defined in s. 30.40 (15). Outside the lower
22Wisconsin state riverway as defined in s. 30.40 (15), or outside the boundaries of
23these parks, forests or property, moneys from the appropriation under s. 20.370 (1)
24(mr) may be expended for the renovation, marking and maintenance of roads which
25the department of natural resources certifies are certified under sub. (1m) as being

1utilized by a substantial number of visitors to state parks, state forests or other
2property under the jurisdiction of the department of natural resources . The
3department of natural resources shall authorize expenditures under this subsection.
4The department of natural resources shall rank projects eligible for assistance under
5a priority system and funding may be restricted to those projects with highest
6priority
or the department of parks and tourism.
AB150, s. 3522 7Section 3522. 84.28 (1m) of the statutes is created to read:
AB150,1248,108 84.28 (1m) (a) For each fiscal year, the department of natural resources and
9the department of tourism and parks shall enter into an agreement to do all of the
10following to determine the expenditures under sub. (1):
AB150,1248,1311 1. Certify which roads are being used by a substantial number of visitors to
12state parks, state forests or other properties under the jurisdiction of either
13department.
AB150,1248,1414 2. Establish a priority system to rank projects eligible for assistance.
AB150,1248,1615 3. Determine which projects are eligible for assistance and authorize the
16expenditures for those projects.
AB150,1248,1817 (b) The secretary of administration shall resolve any disputes between the
18departments concerning the agreement regarding the duties specified in par. (a).
AB150, s. 3523 19Section 3523. 84.28 (2) of the statutes is amended to read:
AB150,1249,1920 84.28 (2) The department of transportation may administer a program for the
21construction, maintenance and marking of roads, including fire roads, service areas,
22trailer or vehicle parking stalls or parking areas and other facilities consistent with
23highway construction and for the marking of scenic routes in the state parks, state
24forests, the lower Wisconsin state riverway as defined under s. 30.40 (15), state fish
25hatcheries, other public used areas under the jurisdiction of the department of

1natural resources or the department of tourism and parks and other public lands as
2defined in ch. 24, for highways or fire roads leading from the most convenient state
3trunk highways to such lands, and for the relocation and construction of state trunk
4highways in or near state parks when required in the interests of public safety.
5Within the limitations and for the purposes of this section, work may be performed
6by or under the supervision or authority or with the approval of the department of
7transportation
, upon the request for such work filed by the department of natural
8resources
having jurisdiction as to the lower Wisconsin state riverway, as defined in
9s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of
10the public lands as to other classes of public lands. Outside the lower Wisconsin state
11riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest
12and public land areas, direct connections to the most convenient state trunk highway
13may be built or maintained under this section. Roads in unincorporated areas within
145 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh
15wildlife area may be built or maintained under this section upon request of the town
16board, if the department of transportation certifies that such roads are or will be used
17by a substantial number of visitors to such area. Costs incurred under this section
18shall be the responsibility of the department of natural resources, department of
19tourism and parks,
commissioners of public lands or town board, as appropriate.
AB150, s. 3524 20Section 3524. 85.013 (3) of the statutes is created to read:
AB150,1250,421 85.013 (3) The division of hearings and appeals shall, in conducting any
22hearing or review for the department under s. 227.43 (1) (bk), give due weight to the
23experience, technical competence and specialized knowledge of the department as
24well as discretionary authority conferred upon the department, and great weight to
25the department's interpretation of the statutes that it administers and rules

1promulgated under those statutes. If there is a conflict between this subsection and
2any other statute relating to any hearing or review conducted by the division of
3hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of
4this subsection control.
AB150, s. 3525 5Section 3525. 85.09 (4m) of the statutes is amended to read:
AB150,1250,106 85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the
7department determines that acquiring rail property under this section will not result
8in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a
9statement of its determinations with the department of industry, labor and human
10relations
development.
AB150, s. 3526 11Section 3526. 85.14 (2) of the statutes is amended to read:
AB150,1250,1712 85.14 (2) The department shall certify to the state treasurer the amount of
13charges associated with the use of credit cards that is assessed to the department on
14deposits accepted under s. 345.26 (3) (a) by state traffic patrol officers and state motor
15vehicle inspectors, and the state treasurer shall pay the charges from moneys under
16s. 59.20 (8) and (8m) that are reserved for payment of the charges under s. 14.58 (21)
1716.413 (1) (s).
AB150, s. 3527 18Section 3527. 86.12 (2) of the statutes is amended to read:
AB150,1250,2419 86.12 (2) If a railroad company fails to comply with the resolution in sub. (1)
20within 30 days after service of the resolution, the county board, common council,
21village board or town board may file a complaint with the office department alleging
22the failure. The office department shall investigate and determine the matter in
23controversy as provided in ch. 195. An order issued by the office under this
24subsection has the same effect as an order in a proceeding brought under ch. 195
.
AB150, s. 3528 25Section 3528. 86.13 (3) of the statutes is amended to read:
AB150,1251,8
186.13 (3) If any railroad company fails to grade, construct, pave, surface or
2otherwise improve or maintain in good and safe condition for public travel as
3required by this section any street or highway crossing after having been notified so
4to do by the officer in charge thereof or of the highway improvement for 30 days after
5such notification, the highway authorities may file a complaint with the office
6department. The office department shall investigate and determine the matter in
7controversy as provided in ch. 195. An order issued by the office under this
8subsection has the same effect as an order in a proceeding brought under ch. 195
.
AB150, s. 3529 9Section 3529. 88.05 (6) of the statutes is amended to read:
AB150,1251,1210 88.05 (6) Railroad companies shall file with the secretary of state department
11of revenue
a document stating the name and post-office address of the person upon
12whom any notice required by this chapter may be served.
AB150, s. 3530 13Section 3530. 88.66 (2) of the statutes is amended to read:
AB150,1252,214 88.66 (2) Every district whose drains cross the right-of-way of a railway
15company is liable to such company for the reasonable cost of opening its right-of-way
16and also for the cost of the culverts and bridges made necessary by such drain. The
17drainage board shall include such costs in its cost of construction, as set forth in its
18report of benefits and damages, and shall award them as damages to the railway
19company. The bridge or culvert shall be designed by the district's engineer and the
20design submitted to the railway company for approval. If a dispute arises as to the
21adequacy of the design, either party may submit the dispute to the office of the
22commissioner of railroads
division of hearing and appeals in the department of
23administration
by filing with the office division of hearings and appeals a statement
24as to the facts involved and the nature of the dispute. The office division of hearings
25and appeals
shall investigate and determine the matter in controversy in accordance

1with ch. 195, and any order it makes in such proceeding has the same effect as an
2order in any other proceeding properly brought under ch. 195
.
AB150, s. 3531 3Section 3531. 88.87 (4) of the statutes is amended to read:
AB150,1252,104 88.87 (4) If a railway company fails to comply with sub. (2), any person
5aggrieved thereby may file a complaint with the office of the commissioner of
6railroads
division of hearing and appeals in the department of administration
7setting forth the facts. The office division of hearings and appeals shall investigate
8and
determine the matter in controversy in accordance with ch. 195, and any order
9it makes in such proceeding has the same effect as an order in any other proceeding
10properly brought under ch. 195
.
AB150, s. 3532 11Section 3532. 88.88 (2) of the statutes is amended to read:
AB150,1252,1812 88.88 (2) If the railway company fails to comply with sub. (1), the person
13aggrieved thereby may file a complaint with the office of the commissioner of
14railroads
division of hearings and appeals in the department of administration
15setting forth the facts. The office division of hearings and appeals shall investigate
16and
determine the matter in controversy in accordance with ch. 195, and any order
17it makes in such proceeding has the same effect as an order in any other proceeding
18properly brought under ch. 195
.
AB150, s. 3533 19Section 3533. 91.01 (6) of the statutes is amended to read:
AB150,1253,320 91.01 (6) "Eligible farmland" means a parcel of 35 or more acres of contiguous
21land which is devoted primarily to agricultural use, including land designated by the
22department of natural resources
as part of the ice age trail under s. 23.17 27.0135,
23which during the year preceding application for a farmland preservation agreement
24produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or
25which, during the 3 years preceding application produced gross farm profits, as

1defined in s. 71.58 (4), of not less than $18,000, or a parcel of 35 or more acres of which
2at least 35 acres, during part or all of the year preceding application, were enrolled
3in the conservation reserve program under 16 USC 3831 to 3836.
AB150, s. 3534 4Section 3534. 91.07 of the statutes is repealed.
AB150, s. 3535 5Section 3535. 91.13 (8) (c) of the statutes is amended to read:
AB150,1253,116 91.13 (8) (c) A structure or improvement made as an incident to a scenic, access
7or utility easement or license, a lease for oil and natural gas exploration and
8extraction, and an easement granted for the purpose of using land as, or land used
9as, part of the ice age trail under ss. 23.17 and 23.293 27.0135 and 27.0136 and
10structures and improvements made as an incident to that use or those easements,
11is consistent with agricultural use under pars. (a) and (b).
AB150, s. 3536 12Section 3536. 91.13 (8) (fm) of the statutes is repealed.
AB150, s. 3537 13Section 3537. 91.17 of the statutes is amended to read:
AB150,1253,19 1491.17 Change of ownership. (1) Land subject to a farmland preservation
15agreement may be sold without a lien being filed under s. 91.19, subject to the
16reservation of rights contained in the agreement. The seller shall notify the
17department of any such transfer. The purchaser shall be liable under any
18subsequent lien under s. 91.19 only for the amount of tax credits paid on that portion
19of the land purchased.
AB150,1253,23 20(2) When the owner of land subject to a farmland preservation agreement dies
21or is certified by a physician to be totally and permanently disabled, the land may
22be released from the program under this chapter and shall not be subject to a lien
23under s. 91.19 (8)
.
AB150,1254,5 24(3) A residence or structure located on a parcel of 5 acres or less which is subject
25to an agreement and which may, for purposes of farm consolidation and, be separated

1from other land subject to that agreement
in compliance with the ordinances of the
2city, village or town and county in which it is located, is separated from other land
3subject to that agreement is not subject to a lien under s. 91.19 when that agreement
4expires
if the residence or structure existed prior to the effective date of that
5agreement.
AB150, s. 3538 6Section 3538. 91.19 (3) of the statutes is amended to read:
AB150,1254,157 91.19 (3) If the request for relinquishment of the farmland preservation
8agreement or release of part of the land from the agreement is approved by the local
9governing body having jurisdiction, a copy of the application, along with the
10comments and recommendations of the reviewing agencies, shall be forwarded to the
11board. The board shall, within 60 days, upon consideration of the factors in sub. (2)
12(b) and (c) 2., approve or reject the application for relinquishment or release. If the
13board approves the application it shall notify the local governing body having
14jurisdiction and the department of revenue, prepare an instrument under sub. (7)
15and record it with the register of deeds of the county in which the land is located
.
AB150, s. 3539 16Section 3539. 91.19 (5) of the statutes is amended to read:
AB150,1255,217 91.19 (5) If the application for relinquishment of the agreement or release of
18part of the land from the agreement is rejected by the local governing body having
19jurisdiction, the application shall be returned to the applicant with a written
20statement regarding the reasons for rejection. Within 30 days after receipt of the
21rejected application, the applicant may appeal the rejection to the board. The board
22shall, within 60 days after the appeal has been received, upon consideration of the
23factors listed in sub. (2) (b) and (c) 2., approve or reject the request for relinquishment
24or release. If the board approves the application it shall notify the local governing
25body having jurisdiction and the department of revenue, prepare an instrument

1under sub. (7) and record it with the register of deeds of the county in which the land
2is located
.
AB150, s. 3540 3Section 3540. 91.19 (6s) (a) (intro.) of the statutes is amended to read:
AB150,1255,74 91.19 (6s) (a) (intro.) The department may release from a farmland
5preservation agreement any land acquired or to be acquired by a local unit of
6government, as defined in s. 16.20 106.215 (1) (e), for public improvements or
7structures, including highway improvements, if all of the following occur:
AB150, s. 3541 8Section 3541. 91.19 (7) to (13) of the statutes are repealed.
AB150, s. 3542 9Section 3542. 91.23 of the statutes is amended to read:
AB150,1255,14 1091.23 Conversion. An owner under a farmland preservation agreement may
11at any time apply for a transition area agreement, and an owner under a transition
12area agreement may at any time apply for a farmland preservation agreement. If
13such an application is approved, the prior agreement shall be relinquished without
14a lien being filed under s. 91.19
.
AB150, s. 3543 15Section 3543. 91.24 of the statutes is created to read:
AB150,1255,18 1691.24 Liens have no effect. A lien recorded under s. 91.19 (7) to (13), 1993
17stats., s. 91.37, 1993 stats., s. 91.77 (2), 1993 stats., or s. 91.79, 1993 stats., has no
18effect.
AB150, s. 3544 19Section 3544. 91.37 of the statutes is repealed.
AB150, s. 3545 20Section 3545. 91.41 of the statutes is amended to read:
AB150,1256,2 2191.41 Conversion. Any person subject to a farmland preservation agreement
22under this subchapter may apply under subch. II whenever the county in which the
23land is located adopts a certified agricultural preservation plan under subch. IV or
24whenever the farmland becomes subject to a certified exclusive agricultural use
25zoning ordinance under subch. V. In such case, the farmland preservation agreement

1under this chapter subchapter shall be relinquished under s. 91.19 without a lien
2being filed
.
AB150, s. 3546 3Section 3546. 91.75 (6) of the statutes is amended to read:
AB150,1256,94 91.75 (6) For purposes of farm consolidation and if permitted by local
5regulation, farm residences or structures which existed prior to the adoption of the
6ordinance may be separated from a larger farm parcel. Farm residences or
7structures with up to 5 acres of land which are separated from a larger farm parcel
8under this section are not subject to the lien under s. 91.19 (8) to (10), as required in
9s. 91.77 (2) or 91.79.
AB150, s. 3547 10Section 3547. 91.75 (7) of the statutes is amended to read:
AB150,1256,1611 91.75 (7) A structure or improvement made as an incident to a lease for oil and
12natural gas exploration and extraction, and an easement granted for the purpose of
13using land as, or land used as, part of the ice age trail under ss. 23.17 and 23.293
1427.0135 and 27.0136 and structures and improvements made as an incident to that
15use or those easements, is consistent with agricultural uses under sub. (3) and may
16be permitted as a special exception or conditional use under sub. (5).
AB150, s. 3548 17Section 3548. 91.77 (2) of the statutes is repealed.
AB150, s. 3549 18Section 3549. 91.79 of the statutes is repealed.
AB150, s. 3550 19Section 3550. 92.14 (4r) of the statutes is amended to read:
AB150,1256,2320 92.14 (4r) Requesting transfer of funds. The department shall submit a
21request to the joint committee on finance for the transfer of funds from the
22appropriation under s. 20.370 (4) (cq) (6) (aq) to the appropriation under s. 20.115 (7)
23(qd) if necessary to provide grants under sub. (4) (c).
AB150, s. 3551 24Section 3551. 92.14 (5) (b) of the statutes is amended to read:
AB150,1257,4
192.14 (5) (b) The department, with the approval of the board, may request the
2department of natural resources to transfer funds from the appropriation account
3under s. 20.370 (4) (cc) or (cq) (6) (aa) or (aq) to the appropriation account under s.
420.115 (7) (km) if the funds are needed to pay grants under par. (a).
AB150, s. 3552 5Section 3552. 93.02 of the statutes is amended to read:
AB150,1257,10 693.02 Staff. The secretary shall appoint all staff necessary for the carrying out
7of the duties of the department, all of whom shall be under the classified service
8except the deputy secretary, the executive assistant and, subject to s. 230.08 (4) (a),
9the administrators of divisions. Each such deputy secretary, executive assistant or
10administrator shall be appointed by the secretary with the approval of the board.
AB150, s. 3553 11Section 3553. 93.06 (10m) of the statutes is repealed.
AB150, s. 3554 12Section 3554. 93.07 (10) (a) of the statutes is renumbered 93.07 (10) and
13amended to read:
AB150,1257,2214 93.07 (10) Animal health; quarantine. To protect the health of domestic
15animals of the state; to determine and employ the most efficient and practical means
16for the prevention, suppression, control and eradication of communicable diseases
17among domestic animals, and for these purposes it may establish, maintain, enforce
18and regulate such quarantine and such other measures relating to the importation,
19movement and care of animals and their products, the disinfection of suspected
20localities and articles, and the disposition of animals, as the department may deem
21necessary. The definition of "communicable disease" in s. 990.01 (5g) does not apply
22to this paragraph subsection.
AB150, s. 3555 23Section 3555. 93.07 (10) (b) of the statutes is repealed.
AB150, s. 3556 24Section 3556. 93.07 (22) of the statutes is repealed.
AB150, s. 3557 25Section 3557. 93.07 (24) (a) of the statutes is amended to read:
AB150,1258,3
193.07 (24) (a) To enforce the laws regarding the production, manufacture and
2sale, offering or exposing for sale or having in possession with intent to sell, of any
3dairy, food or drug product,.
AB150,1258,5 4(b) To enforce the laws regarding the adulteration or misbranding of any
5articles of food or, drink, or condiment or drug and to.
AB150,1258,9 6(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
7of food, drink or, condiment or drug made or offered for sale within this state which
8it may suspect or have reason to believe to be impure, unhealthful, misbranded,
9adulterated or counterfeit, or in any way unlawful, and to.
AB150,1258,14 10(d) To prosecute or cause to be prosecuted any person engaged in the
11manufacture or sale, offering or exposing for sale or having in possession with intent
12to sell, of any adulterated dairy product or of any adulterated, misbranded,
13counterfeit, or otherwise unlawful article or articles of food, drink, condiment or
14drug.
AB150, s. 3558 15Section 3558. 93.07 (24) (b) of the statutes is repealed.
AB150, s. 3559 16Section 3559. 93.31 of the statutes is amended to read:
AB150,1259,10 1793.31 Livestock breeders association. The secretary of the Wisconsin
18livestock breeders association shall on and after July 1 of each year make a report
19to the department, signed by the president, treasurer and secretary of the
20association, setting forth in detail the receipts and disbursements of the association
21for the preceding fiscal year in such form and detail together with such other
22information as the department may require. On receipt of such reports, if the
23department is satisfied that the business of the association has been efficiently
24conducted during the preceding fiscal year and in the interest of and for the
25promotion of the special agricultural interests of the state and for the purpose for

1which the association was organized and if the final statement shows that all the
2receipts together with the state aid have been accounted for and disbursed for the
3proper and necessary purposes of the association, and in accordance with the laws
4of the state, then the department shall file a certificate with the department
5secretary of administration and it he or she shall draw its his or her warrant and the
6state treasurer shall pay to the treasurer of the association the amount of the
7appropriations made available for the association by s. 20.115 (4) (a) and (h) for the
8conduct of junior livestock shows and other livestock educational programs. The
9association may upon application to the state purchasing agent, upon such terms as
10he or she may require, obtain printing for the association under the state contract.
AB150, s. 3560 11Section 3560. 93.40 (3) (b) of the statutes is amended to read:
AB150,1259,1512 93.40 (3) (b) Establish, manage and operate permanent or temporary dairy
13promotion centers to be operated by the department in cooperation with the
14department of development tourism and parks tourist information centers along
15major highways into the state.
AB150, s. 3561 16Section 3561. 93.41 (2m) of the statutes is repealed.
AB150, s. 3562 17Section 3562. 93.41 (3) of the statutes is repealed.
AB150, s. 3563 18Section 3563. 93.42 (title) of the statutes is repealed.
AB150, s. 3564 19Section 3564. 93.42 (1) (intro.) and (a) to (d) of the statutes are renumbered
20560.03 (12) (intro.) and (a) to (d), and 560.03 (12) (intro.), as renumbered, is amended
21to read:
AB150,1259,2522 560.03 (12) (intro.) The department shall establish Establish and operate a
23center for international agribusiness marketing. The center shall promote the
24export of this state's agricultural and agribusiness products in foreign markets by
25doing all of the following:
AB150, s. 3565
1Section 3565. 93.42 (1) (e) of the statutes is repealed.
AB150, s. 3566 2Section 3566. 93.42 (2) of the statutes is repealed.
Loading...
Loading...