SB44,725,125 79.035 (2) (a) 2. The department of revenue shall reduce the amount of the
6payments to be distributed to each county and municipality, as determined under
7subd. 1., by subtracting from such payments an amount based on the county's or
8municipality's population, as determined by the department, so that the total
9amount of the reduction to all such payments in 2004 is $40,000,000 $50,000,000,
10except that the reduction applied to any county's or municipality's payment shall not
11exceed the amount of the payments specified under subd. 1. distributed to the county
12or municipality in 2003.

SB44,725,2014 79.035 (2) (a) 3. After the reduction under subd. 2., the department of revenue
15shall reduce the amount of the payments to be distributed to each municipality, as
16determined under subd. 2., by subtracting from such payments an amount based on
17the municipality's population, as determined by the department, so that the total
18amount of the reduction to all such payments in 2004 is $70,000,000, except that the
19reduction applied to any municipality's payment shall not exceed the amount of the
20payments specified under subd. 1. distributed to the municipality in 2003.

SB44,725,2522 79.035 (2) (b) For the distribution in 2005 and subsequent years, each county
23and municipality shall receive a payment under this section that is equal to the
24amount of the payment determined for the county or municipality under par. (a) in
252004 prior to the reductions under s. 79.036.

SB44,727,23 79.04 (1) (a) An amount from the shared revenue account or, for the
4distribution in 2003, from the appropriation under s. 20.835 (1) (t) determined by
5multiplying by 3 mills in the case of a town, and 6 mills in the case of a city or village,
6the first $125,000,000 of the amount shown in the account, plus leased property, of
7each public utility except qualified wholesale electric companies, as defined in s.
876.28 (1) (gm), on December 31 of the preceding year for either "production plant,
9exclusive of land" and "general structures", or "work in progress" for production
10plants and general structures under construction, in the case of light, heat and power
11companies, electric cooperatives or municipal electric companies, for all property
12within a municipality in accordance with the system of accounts established by the
13public service commission or rural electrification administration, less depreciation
14thereon as determined by the department of revenue and less the value of treatment
15plant and pollution abatement equipment, as defined under s. 70.11 (21) (a), as
16determined by the department of revenue plus an amount from the shared revenue
17account or, for the distribution in 2003, from the appropriation under s. 20.835 (1)
18(t) determined by multiplying by 3 mills in the case of a town, and 6 mills in the case
19of a city or village, of the first $125,000,000 of the total original cost of production
20plant, general structures and work-in-progress less depreciation, land and
21approved waste treatment facilities of each qualified wholesale electric company, as
22defined in s. 76.28 (1) (gm), as reported to the department of revenue of all property
23within the municipality. The total of amounts, as depreciated, from the accounts of
24all public utilities for the same production plant is also limited to not more than

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1$125,000,000. The amount distributable to a municipality in any year shall not
2exceed $300 times the population of the municipality.

SB44,728,114 79.04 (2) (a) Annually, the department of administration, upon certification by
5the department of revenue, shall distribute from the shared revenue account or, for
6the distribution in 2003, from the appropriation under s. 20.835 (1) (t) to any county
7having within its boundaries a production plant or a general structure, including
8production plants and general structures under construction, used by a light, heat
9or power company assessed under s. 76.28 (2) or 76.29 (2), except property described
10in s. 66.0813 unless the production plant is owned or operated by a local
11governmental unit that is located outside of the municipality in which the production
12plant is located, or by an electric cooperative assessed under ss. 76.07 and 76.48,
13respectively, or by a municipal electric company under s. 66.0825 an amount
14determined by multiplying by 6 mills in the case of property in a town and by 3 mills
15in the case of property in a city or village the first $125,000,000 of the amount shown
16in the account, plus leased property, of each public utility except qualified wholesale
17electric companies, as defined in s. 76.28 (1) (gm), on December 31 of the preceding
18year for either "production plant, exclusive of land" and "general structures", or
19"work in progress" for production plants and general structures under construction,
20in the case of light, heat and power companies, electric cooperatives or municipal
21electric companies, for all property within the municipality in accordance with the
22system of accounts established by the public service commission or rural
23electrification administration, less depreciation thereon as determined by the
24department of revenue and less the value of treatment plant and pollution
25abatement equipment, as defined under s. 70.11 (21) (a), as determined by the

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1department of revenue plus an amount from the shared revenue account or, for the
2distribution in 2003, from the appropriation under s. 20.835 (1) (t) determined by
3multiplying by 6 mills in the case of property in a town, and 3 mills in the case of
4property in a city or village, of the total original cost of production plant, general
5structures and work-in-progress less depreciation, land and approved waste
6treatment facilities of each qualified wholesale electric company, as defined in s.
776.28 (1) (gm), as reported to the department of revenue of all property within the
8municipality. The total of amounts, as depreciated, from the accounts of all public
9utilities for the same production plant is also limited to not more than $125,000,000.
10The amount distributable to a county in any year shall not exceed $100 times the
11population of the county.

SB44,728,1313 79.058 (3) (e) In 2003, $21,181,100, less the reductions under s. 79.034.

SB44,728,1715 84.013 (2) (b) Except as provided in ss. 84.014, 84.03 (3), and 84.555, and
16subject to s. 86.255, reconditioning, reconstruction and resurfacing of highways shall
17be funded from the appropriations under s. 20.395 (3) (cq) to (cx) and (4) (jq).

SB44,728,2319 84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway
20rehabilitation projects, including the Marquette interchange reconstruction project
21and projects that involve adding one or more lanes 5 miles or more in length to the
22existing freeway, may be funded only from the appropriations under ss. 20.395 (3)
23(cr), (cw), and (cy) and (4) (jq) and 20.866 (2) (uum).

SB44,729,5

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184.014 (5m) (a) Notwithstanding any other provision of this section, the
2department may not expend any moneys from the appropriations under s. 20.395 (3)
3(cr), (cw), and (cy) and (4) (jr) for a southeast Wisconsin freeway rehabilitation project
4that involves adding one or more lanes 5 miles or more in length to the existing
5freeway unless the project is specifically enumerated in a list under par. (b).

SB44,729,167 84.03 (3) (title) West Canal Street reconstruction and extension project.
8(a) Subject to par. (b), the department shall, from the appropriations under s. 20.395
9(3) (cr) and (cy), award a grant of $5,000,000 from the amounts allocated for the
10Marquette interchange reconstruction project under 2001 Wisconsin Act 16, section
119152 (5w), shall award a grant of $2,500,000 under s. 86.31 (3s), and shall award
12grants totaling $2,500,000 from the appropriation under s. 20.395 (3) (ck), to the city
13of Milwaukee for reconstruction of West Canal Street and extension of West Canal
14Street to USH 41 at Miller Park in the city of Milwaukee to serve as a transportation
15corridor for the purpose of mitigating traffic associated with the reconstruction of the
16Marquette interchange.

SB44,729,1917 (b) No grant may be awarded under par. (a) or s. 86.31 (3s) unless the city of
18Milwaukee contributes $10,000,000 toward the West Canal Street reconstruction
19and extension project.

SB44,730,22 2284.05 Railroad crossing improvements. On a highway which the
23department has authority to construct and which crosses a railroad, if the
24department determines that the construction or reconstruction of a grade separation
25or the rearrangement or elimination of a grade crossing or other rearrangement of

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1the highway or tracks is necessary in the interest of public safety or for convenience
2of public travel, the department shall make a plan of the construction proposed and
3an estimate of the cost thereof, including the cost of needed right-of-way; and shall
4endeavor to make an arrangement with all persons concerned as to all matters
5involved in the plan, including the portion of the cost of the contemplated work which
6the persons shall defray. If the department is unable to contract with the persons
7concerned as to the distribution and payment of the cost of the work or the
8maintenance thereof, the department shall lay the matter before the office of the
9commissioner of railroads, and the office of the commissioner of railroads shall
10review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and
11195.29, and shall fix the portion of the cost of the construction and of the maintenance
12which is to be paid by the persons or corporations concerned, and the portion of the
13cost, if any, to be paid by the public, which portion shall be paid from the
14transportation fund, and issue an appropriate order. The office of the commissioner
15of railroads department shall determine the benefits, if any, which will inure to other
16highways, and apportion and charge to the units of government responsible for the
17construction of such other highways a fair portion of the cost. The department shall
18promulgate a rule establishing criteria with respect to the allocation of costs under
19this section. A person who is aggrieved by an order of the department under this
20section may, within 20 days after the date that the order is issued, request review of
21the order by the division of hearings and appeals. The division of hearings and
22appeals shall review the order in the manner provided in s. 195.325.

SB44,731,524 84.06 (1) Definitions. In this section, "improvement" or "highway
25improvement" includes construction, reconstruction, rehabilitation, and processes

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1incidental to building, fabricating, or bettering a highway or street, but not
2maintenance. The terms do not include the installation, replacement, rehabilitation,
3or maintenance of highway signs, traffic control signals, highway lighting, pavement
4markings, or intelligent transportation systems, unless incidental to building,
5fabricating, or bettering a highway or street.

SB44,732,27 84.06 (2) (a) All such highway improvements shall be executed by contract
8based on bids unless the department finds that another method as provided in sub.
9(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
10the manner determined by the department. Except as provided in s. 84.075, the
11contract shall be awarded to the lowest competent and responsible bidder as
12determined by the department. If the bid of the lowest competent bidder is
13determined by the department to be in excess of the estimated reasonable value of
14the work or not in the public interest, all bids may be rejected. The department shall,
15so far as reasonable, follow uniform methods of advertising for bids and may
16prescribe and require uniform forms of bids and contracts. Except as provided in par.
17(b), the secretary shall enter into the contract on behalf of the state. Every such
18contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but
19ss. 16.528, 16.752 and 16.754 apply to the contract. Any such contract involving an
20expenditure of $1,000 or more shall not be valid until approved by the governor. The
21secretary may require the attorney general to examine any contract and any bond
22submitted in connection with the contract and report on its sufficiency of form and
23execution. The bond required by s. 779.14 (1m) is exempt from approval by the
24governor and shall be subject to approval by the secretary. This subsection also

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1applies to contracts with private contractors based on bids under s. 84.067 and on
2bids for maintenance under s. 84.07.

SB44,732,8 484.067 Contracts with private entities for certain services and
5materials. The department may contract with a private entity for services or
6materials or both associated with the installation, replacement, rehabilitation, or
7maintenance of highway signs, traffic control signals, highway lighting, pavement
8markings, and intelligent transportation systems.

SB44,733,710 84.07 (1) State expense; when done by county or municipality. The state trunk
11highway system shall be maintained by the state at state expense. The department
12shall prescribe by rule specifications for such maintenance and may contract with
13any county highway committee or municipality to have all or certain parts of the
14work of maintaining the state trunk highways within or beyond the limits of the
15county or municipality, including interstate bridges, performed by the county or
16municipality, and any county or municipality may enter into such contract. General
17maintenance activities include the application of protective coatings, the removal
18and control of snow, the removal, treatment and sanding of ice, interim repair of
19highway surfaces and adjacent structures, and all other operations, activities and
20processes required on a continuing basis for the preservation of the highways on the
21state trunk system, and including the care and protection of trees and other roadside
22vegetation and suitable planting to prevent soil erosion or to beautify highways
23pursuant to s. 80.01 (3), and all measures deemed necessary to provide adequate
24traffic service. Special maintenance activities include the restoration,
25reinforcement, complete repair or other activities which the department deems are

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1necessary on an individual basis for specified portions of the state trunk system.
2Maintenance activities also include the installation, replacement, rehabilitation, or
3maintenance of highway signs, traffic control signals, highway lighting, pavement
4markings, and intelligent transportation systems. The department may contract
5with a private entity for services or materials or both associated with the installation,
6replacement, rehabilitation, or maintenance of highway signs, traffic control signals,
7highway lighting, pavement markings, and intelligent transportation systems.

SB44,733,1710 84.075 (1) In purchasing services under s. 84.01 (13), in awarding construction
11contracts under s. 84.06 and in contracting with private contractors and agencies
12under s. ss. 84.067 and 84.07, the department shall attempt to ensure that 5% of the
13total amount expended in each fiscal year is paid to contractors, subcontractors and
14vendors which are minority businesses, as defined under s. 560.036 (1) (e) 1. In
15attempting to meet this goal, the department may award any contract to a minority
16business that submits a qualified responsible bid that is no more than 5% higher
17than the low bid.

SB44,733,2519 84.075 (3) The department shall at least semiannually, or more often if
20required by the department of administration, report to the department of
21administration the total amount of money it has paid to contractors, subcontractors
22and vendors which are minority businesses under ss. 84.01 (13), 84.06 , 84.067, and
2384.07 and the number of contacts with minority businesses in connection with
24proposed purchases and contracts. In its reports, the department shall include only
25amounts paid to businesses certified by the department as minority businesses.

SB44,734,202 84.09 (5) Subject to the approval of the governor, the department may sell at
3public or private sale property of whatever nature owned by the state and under the
4jurisdiction of the department when the department determines that the property
5is no longer necessary for the state's use for highway purposes and, if real property,
6the real property is not the subject of a petition under s. 16.375 560.9810 (2). The
7department shall present to the governor a full and complete report of the property
8to be sold, the reason for the sale, and the minimum price for which the same should
9be sold, together with an application for the governor's approval of the sale. The
10governor shall thereupon make such investigation as he or she may deem necessary
11and approve or disapprove the application. Upon such approval and receipt of the
12full purchase price, the department shall by appropriate deed or other instrument
13transfer the property to the purchaser. The approval of the governor is not required
14for public or private sale of property having a fair market value at the time of sale
15of not more than $3,000, for the transfer of surplus state real property to the
16department of administration under s. 16.375 560.9810 or for the transfer of surplus
17state personal property to the department of tourism under sub. (5s). The funds
18derived from sales under this subsection shall be deposited in the transportation
19fund, and the expense incurred by the department in connection with the sale shall
20be paid from such fund.

SB44,735,1922 84.09 (5r) In lieu of the sale or conveyance of property under sub. (5) or (5m),
23the department may, subject to the approval of the governor, donate real property
24that is adjacent to the veterans memorial site located at The Highground in Clark
25County and owned by the state and under the jurisdiction of the department to the

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1Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans
2memorial site located at The Highground in Clark County for the purpose of a
3memorial hall specified in s. 70.11 (9). The department may donate property under
4this subsection only when the department determines that the property is no longer
5necessary for the state's use for highway purposes and is not the subject of a petition
6under s. 16.375 560.9810 (2) and is transferred with a restriction that the donee may
7not subsequently transfer the real property to any person except to this state, which
8shall not be charged for any improvements thereon. Such restriction shall be
9recorded in the office of the register of deeds in the county in which the property is
10located. The department shall present to the governor a full and complete report of
11the property to be donated, the reason for the donation, and the minimum price for
12which the property could likely be sold under sub. (5), together with an application
13for the governor's approval of the donation. The governor shall thereupon make such
14investigation as he or she considers necessary and approve or disapprove the
15application. Upon such approval, the department shall by appropriate deed or other
16instrument transfer the property to the donee. The approval of the governor is not
17required for donation of property having a fair market value at the time of donation
18of not more than $3,000. Any expense incurred by the department in connection with
19the donation shall be paid from the transportation fund.

SB44,736,1321 84.11 (4) Finding, determination, and order. After such hearing the
22department shall make such investigation as it considers necessary in order to make
23a decision in the matter. If the department finds that the construction is necessary
24it shall determine the location of the project and whether the project is eligible for
25construction under this section. The department shall also determine the character

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1and kind of bridge most suitable for such location and estimate separately the cost
2of the bridge portion and the entire project. The department shall make its finding,
3determination, and order, in writing, and file a certified copy thereof with the clerk
4of each county, city, village, and town in which any portion of the bridge project will
5be located and also with the secretary of state and the state treasurer secretary of
6administration. The determination of the location of the project made by the
7department and set forth in its finding, determination, and order, shall be conclusive
8as to such location and shall constitute full authority for laying out new streets or
9highways or for any relocations of highways made necessary for the construction of
10the project and for acquirement of any lands necessary for such streets or highways,
11relocation or construction. The estimate of cost made by the department shall be
12conclusive insofar as cost may determine eligibility of construction under this
13section.

SB44,737,915 84.12 (4) Finding, determination, and order. If the department finds that the
16construction is necessary, and that provision has been made or will be made by the
17adjoining state or its subdivisions to bear its or their portions of the cost of the project,
18the department, in cooperation with the state highway department of the adjoining
19state, shall determine the location thereof, the character and kind of bridge and other
20construction most suitable at such location, estimate the cost of the project, and
21determine the respective portions of the estimated cost to be paid by each state and
22its subdivisions. In the case of projects eligible to construction under sub. (1) (a) the
23department shall further determine the respective portions of the cost to be paid by
24this state and by its subdivisions which are required to pay portions of the cost. The
25department, after such hearing, investigation, and negotiations, shall make its

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1finding, determination, and order in writing and file a certified copy thereof with the
2clerk of each county, city, village, or town in this state in which any part of the bridge
3project will be located, with the secretary of state, and the state treasurer secretary
4of administration and with the state highway department of the adjoining state. The
5determination of the location set forth in the finding, determination , and order of the
6department shall be conclusive as to such location and shall constitute full authority
7for laying out new streets or highways or for any relocations of the highways made
8necessary for the construction of the project and for acquiring lands necessary for
9such streets or highways, relocation or construction.

SB44,737,1611 84.30 (2) (i) "Primary highway" means any highway, other than an interstate
12highway, at any time officially designated by the department, and approved by the
13appropriate authority of the federal government, as a part of the federal-aid primary
14system by the department and approved by the appropriate authority of the federal
15government in existence on June 1, 1991, or as a part of the national highway system
16identified in 23 USC 103 (b).

SB44,737,2018 84.30 (3) Signs prohibited. (intro.) No sign visible from the main-traveled way
19of any interstate or federal-aid primary highway may be erected or maintained,
20except the following:

SB44,737,2522 84.30 (3) (d) Signs located in business areas on March 18, 1972. This
23paragraph does not apply to a sign in a business area adjoining that portion of an
24interstate or primary highway designated by the department as a scenic byway
25under s. 84.106.

SB44,738,52 84.30 (3) (e) Signs to be erected in business areas subsequent to March 18,
31972, which when erected will comply with sub. (4). This paragraph does not apply
4to a sign in a business area adjoining that portion of an interstate or primary
5highway designated by the department as a scenic byway under s. 84.106.

SB44,738,117 84.30 (3) (i) Signs on farm buildings which are utilized by owners of the
8building for agricultural purposes if the signs promote a Wisconsin agricultural
9product unless prohibited by federal law. This paragraph does not apply to a sign in
10an adjacent area adjoining that portion of an interstate or primary highway
11designated by the department as a scenic byway under s. 84.106.

SB44,738,2013 84.30 (3) (j) 1. Signs erected by the Crime Stoppers, the nationwide
14organization affiliated with local police departments, on or before October 14, 1997,
15without regard to whether the department has issued a license for the sign. The
16department may not remove a sign authorized under this paragraph unless the sign
17does not conform to federal requirements. The requirements under s. 86.19 do not
18apply to signs described in this subdivision. This subdivision does not apply to a sign
19in an adjacent area adjoining that portion of an interstate or primary highway
20designated by the department as a scenic byway under s. 84.106.

SB44,739,222 84.30 (6) (b) Signs lawfully in existence on land adjoining any highway made
23an interstate or primary highway after March 18, 1972, or on land adjoining that
24portion of an interstate or primary highway designated by the department as a scenic

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1byway under s. 84.106 after the effective date of this paragraph .... [revisor inserts
2date].

SB44,739,104 84.59 (1) Transportation facilities under s. 84.01 (28) and, major highway
5projects as defined under s. 84.013 (1) (a) for the purposes under ss. 84.06 and 84.09,
6state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq)
7and the purposes under ss. 84.06 and 84.09, and the Marquette interchange
8reconstruction project under s. 84.014 for the purposes under ss. 84.06 and 84.09 may
9be funded with the proceeds of revenue obligations issued subject to and in
10accordance with subch. II of ch. 18.

SB44,739,2513 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and
14distinct special fund outside the state treasury, in an account maintained by a
15trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2),
16(2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2),
17and (2m), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am),
18(3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2)
19(b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), and 342.14, except s. 342.14 (1r). The
20revenues deposited are the trustee's revenues in accordance with the agreement
21between this state and the trustee or in accordance with the resolution pledging the
22revenues to the repayment of revenue obligations issued under this section. Revenue
23obligations issued for the purposes specified in sub. (1) and deposited under this
24paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special
25fund programs, as defined in s. 18.52 (8).

SB44,740,92 84.59 (3) The secretary may pledge revenues received or to be received in the
3any fund established in under sub. (2) to secure revenue obligations issued under this
4section. The pledge shall provide for the transfer to this state of all pledged revenues,
5including any interest earned on the revenues, which are in excess of the amounts
6required to be paid under s. 20.395 (6) (as). The pledge shall provide that the
7transfers be made at least twice yearly, that the transferred amounts be deposited
8in the transportation fund and that the transferred amounts are free of any prior
9pledge.

SB44,741,211 84.59 (6) The building commission may contract revenue obligations when it
12reasonably appears to the building commission that all obligations incurred under
13this section can be fully paid from moneys received or anticipated and pledged to be
14received on a timely basis. Except as provided in this subsection, the principal
15amount of revenue obligations issued under this section may not exceed
16$1,753,067,500 $2,916,403,000, excluding any obligations that have been defeased
17under a cash optimization program administered by the building commission, to be
18used for transportation facilities under s. 84.01 (28) and , major highway projects for
19the purposes under ss. 84.06 and 84.09, state highway rehabilitation projects for the
20purposes specified in s. 20.395 (3) (cq) and the purposes under ss. 84.06 and 84.09,
21and the Marquette interchange reconstruction project under s. 84.014 for the
22purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
23amount, the building commission may contract revenue obligations under this
24section as the building commission determines is desirable to refund outstanding

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1revenue obligations contracted under this section and to pay expenses associated
2with revenue obligations contracted under this section.

SB44,741,64 85.013 (2) (b) (intro.) Any hearing under s. 227.42 shall be held before the office
5of the commissioner of tax appeals commission under s. 73.01 if the hearing concerns
6an additional assessment, refund or denial of refund under any of the following:

SB44,741,168 85.013 (3) The division of hearings and appeals shall, in conducting any
9hearing or review for the department under s. 227.43 (1) (bk), give due weight to the
10experience, technical competence, and specialized knowledge of the department as
11well as discretionary authority conferred upon the department, and great weight to
12the department's interpretation of the statutes that it administers and rules
13promulgated under those statutes. If there is a conflict between this subsection and
14any other statute relating to any hearing or review conducted by the division of
15hearings and appeals for the department under s. 227.43 (1) (bk), the provisions of
16this subsection control.

SB44,741,2018 85.062 (1) (c) Initial construction or expansion of a commuter rail transit
19system. In this paragraph, "commuter rail" has the meaning given in s. 85.064 (1)
20(a).

SB44,741,22 2285.064 Commuter rail transit system development. (1) In this section:

SB44,742,323 (a) "Commuter rail" means rail passenger service, operating primarily on a
24dedicated right-of-way on existing railroad tracks used for rail freight service or
25intercity rail passenger service between and within metropolitan and suburban

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1areas, connecting these areas with large business or urban centers in this state or
2another. Commuter rail usually operates during peak travel times with limited stops
3and in conjunction with other transit modes as part of a regional transit system.

SB44,742,64 (b) "Political subdivision" means any city, village, town, county, transit
5commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301,
6or regional transportation authority organized under s. 59.58 (6) within this state.

SB44,742,12 7(2) (a) The department shall administer a commuter rail transit system
8development grant program. From the appropriations under s. 20.395 (1) (dq), (dv),
9and (dx), the department may award grants to political subdivisions for preliminary
10engineering, property acquisition, equipment acquisition, and infrastructure
11construction projects related to the development or extension of commuter rail
12transit systems in this state.

SB44,742,1613 (b) Upon completion of a planning study to the satisfaction of the department,
14any political subdivision may apply to the department for a grant for any purpose
15specified in par. (a). No grant may be awarded under this section for a project unless
16the project meets the eligibility criteria established by the department under sub. (3).

SB44,742,2217 (c) The amount of a grant awarded under this section shall be limited to an
18amount equal to 50% of the portion of the project cost in excess of the federal aid
19funding for the project or 25% of the total project cost, whichever is less. No grant
20may be awarded under this section for a project involving the acquisition of property
21or equipment or infrastructure construction unless the political subdivision
22contributes funds for the project that at least equal 20% of the total project cost.

SB44,743,2 23(3) The department shall prescribe the form, nature, and extent of information
24that shall be contained in applications for grants under this section and shall

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1establish criteria for evaluating applications and determining eligibility for the
2award of grants under this section.

SB44,744,74 85.09 (2) (a) The department of transportation shall have the first right to
5acquire, for present or future transportational or recreational purposes, any
6property used in operating a railroad or railway, including land and rails, ties,
7switches, trestles, bridges, and the like located thereon, which on that property, that
8has been abandoned. The department of transportation may, in connection with
9abandoned rail property, assign this right to a state agency, the board of regents of
10the University of Wisconsin System, any county or municipality, or any transit
11commission. Acquisition by the department of transportation may be by gift,
12purchase, or condemnation in accordance with the procedure under s. 32.05. In
13addition to its property management authority under s. 85.15, the department of
14transportation may lease and collect rents and fees for any use of rail property
15pending discharge of the department's duty to convey property that is not necessary
16for a public purpose. In exercising its property management authority, the
17department of transportation, to the greatest extent practicable, shall encourage and
18utilize the Wisconsin conservation corps for appropriate projects. No person owning
19abandoned rail property, including any person to whom ownership reverts upon
20abandonment, may convey or dispose of any abandoned rail property without first
21obtaining a written release from the department of transportation indicating that
22the first right of acquisition under this subsection will not be exercised or assigned.
23No railroad or railway may convey any rail property prior to abandonment if the rail
24property is part of a rail line shown on the railroad's system map as in the process
25of abandonment, expected to be abandoned, or under study for possible

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1abandonment unless the conveyance or disposal is for the purpose of providing
2continued rail service under another company or agency. Any conveyance made
3without obtaining such release is void. The first right of acquisition of the
4department of transportation under this subsection does not apply to any rail
5property declared by the department to be abandoned before January 1, 1977. The
6department of transportation may acquire any abandoned rail property under this
7section regardless of the date of its abandonment.