AB100,857,410 84.06 (2) (a) All such highway improvements shall be executed by contract
11based on bids unless the department finds that another method as provided in sub.
12(3) or (4) would be more feasible and advantageous. Bids shall be advertised for in
13the manner determined by the department. Except as provided in s. 84.075, the
14contract shall be awarded to the lowest competent and responsible bidder as
15determined by the department. If the bid of the lowest competent bidder is
16determined by the department to be in excess of the estimated reasonable value of
17the work or not in the public interest, all bids may be rejected. The department shall,
18so far as reasonable, follow uniform methods of advertising for bids and may
19prescribe and require uniform forms of bids and contracts. Except as provided in par.
20(b), the secretary shall enter into the contract on behalf of the state. Every such
21contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.77, 16.78 to 16.82, 16.87
22and 16.89, but ss. 16.528, 16.752 and, 16.771, 16.871, and 16.754 apply to the
23contract. Any such contract involving an expenditure of $1,000 or more shall not be
24valid until approved by the governor. The secretary may require the attorney general
25to examine any contract and any bond submitted in connection with the contract and

1report on its sufficiency of form and execution. The bond required by s. 779.14 (1m)
2is exempt from approval by the governor and shall be subject to approval by the
3secretary. This subsection also applies to contracts with private contractors based
4on bids for maintenance under s. 84.07.
AB100, s. 1721 5Section 1721. 84.06 (3) of the statutes is amended to read:
AB100,857,226 84.06 (3) Contracts with county or municipality; direct labor; materials. If
7the department finds that it would be more feasible and advantageous to have the
8improvement performed by the county in which the proposed improvement is located
9and without bids, the department may, by arrangement with the county highway
10committee of the county, enter into a contract satisfactory to the department to have
11the work done by the county forces and equipment. In such contract the department
12may authorize the county to purchase, deliver, and store materials and may fix the
13rental rates of small tools and equipment. The contract shall be between the county
14and the state and shall not be based on bids, and may be entered into on behalf of the
15county by the county highway committee and on behalf of the state by the secretary.
16Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230,
17except s. ss. 16.754, 16.771, and 16.871. If the total estimated indebtedness to be
18incurred exceeds $5,000 the contract shall not be valid until approved by the
19governor. The provisions of this subsection relating to agreements between a county
20and the state shall also authorize and apply to such arrangements between a city,
21town, or a village and the state. In such cases, the governing body of the city, town,
22or village shall enter into the agreement on behalf of the municipality.
AB100, s. 1722 23Section 1722. 84.06 (4) of the statutes is amended to read:
AB100,858,1724 84.06 (4) Special contracts with railroads and utilities. If an improvement
25undertaken by the department will cross or affect the property or facilities of a

1railroad or public utility company, the department may, upon finding that it is
2feasible and advantageous to the state, arrange to perform portions of the
3improvement work affecting such facilities or property or perform work of altering,
4rearranging, or relocating such facilities by contract with the railroad or public
5utility. Such contract shall be between the railroad company or public utility and the
6state and need not be based on bids. The contract may be entered into on behalf of
7the state by the secretary. Every such contract is exempted from s. 779.14 and from
8all provisions of chs. 16 and 230, except ss. 16.528, 16.752 and, 16.754, 16.771, and
916.871
. No such contract in which the total estimated debt to be incurred exceeds
10$5,000 shall be valid until approved by the governor. As used in this subsection,
11"public utility" means the same as in s. 196.01 (5), and includes a
12telecommunications carrier as defined in s. 196.01 (8m), and "railroad" means the
13same as in s. 195.02. "Property" as used in this subsection includes but is not limited
14to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines,
15plants, substations, and other facilities. Nothing in this subsection shall be
16construed to relieve any railroad or public utility from any financial obligation,
17expense, duty, or responsibility otherwise provided by law relative to such property.
AB100, s. 1723 18Section 1723. 84.09 (9) of the statutes is created to read:
AB100,858,2019 84.09 (9) Subsections (5), (5m), and (6) do not apply to state surplus property
20that is sold under s. 16.848.
AB100, s. 1724 21Section 1724. 84.185 (1) (ce) of the statutes is amended to read:
AB100,858,2222 84.185 (1) (ce) "Job" has the meaning specified in s. 560.60 (10) 560.17 (1) (bm).
AB100, s. 1725 23Section 1725. 84.185 (1) (cm) of the statutes is amended to read:
AB100,858,2524 84.185 (1) (cm) "Political subdivision" has the meaning specified in s. 560.60
25(13)
means a county, city, town, or village.
AB100, s. 1726
1Section 1726. 84.28 (1) of the statutes is amended to read:
AB100,859,182 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be
3expended for the renovation, marking and maintenance of a town or county highway
4located within the boundaries of any state park, state forest or other property under
5the jurisdiction of the department of natural resources. Moneys from the
6appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation,
7marking and maintenance of a town or county highway located in the lower Lower
8Wisconsin state riverway State Riverway as defined in s. 30.40 (15). Outside the
9lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15), or
10outside the boundaries of these parks, forests or property, moneys from the
11appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation,
12marking and maintenance of roads which the department of natural resources
13certifies are utilized by a substantial number of visitors to state parks, state forests
14or other property under the jurisdiction of the department of natural resources. The
15department of natural resources shall authorize expenditures under this subsection.
16The department of natural resources shall rank projects eligible for assistance under
17a priority system and funding may be restricted to those projects with highest
18priority.
AB100, s. 1727 19Section 1727. 84.555 (1m) of the statutes is amended to read:
AB100,859,2420 84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of
21general obligation bonds issued under s. 20.866 (2) (uum) are allocated for
22expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general
23obligation bonds issued under s. 20.866 (2) (uup) are allocated for expenditure
24obligations under s. 84.014
.
AB100, s. 1728 25Section 1728. 84.59 (6) of the statutes is amended to read:
AB100,860,13
184.59 (6) The building commission may contract revenue obligations when it
2reasonably appears to the building commission that all obligations incurred under
3this section can be fully paid from moneys received or anticipated and pledged to be
4received on a timely basis. Except as provided in this subsection, the principal
5amount of revenue obligations issued under this section may not exceed
6$2,095,583,900 $2,516,117,900, excluding any obligations that have been defeased
7under a cash optimization program administered by the building commission, to be
8used for transportation facilities under s. 84.01 (28) and major highway projects for
9the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
10amount, the building commission may contract revenue obligations under this
11section as the building commission determines is desirable to refund outstanding
12revenue obligations contracted under this section and to pay expenses associated
13with revenue obligations contracted under this section.
AB100, s. 1729 14Section 1729. 85.013 (2) (a) of the statutes is amended to read:
AB100,860,1615 85.013 (2) (a) The secretary shall designate employees of the department as
16hearing examiners to preside over all hearings arising under ch. 344.
AB100, s. 1730 17Section 1730. 85.015 of the statutes is amended to read:
AB100,860,22 1885.015 Transportation assistance contracts. All contracts entered into
19under this chapter to provide financial assistance in the areas of railroads, urban
20mass transit, specialized transportation, and harbors are subject to ss. 16.528 and,
2116.752,16.771, and 16.871 but are exempt from ss. 16.70 to 16.75, 16.755 to 6.77,
2216.78
to 16.82 and, 16.85 to 16.87, and 16.875 to 16.89.
AB100, s. 1731 23Section 1731. 85.037 of the statutes is repealed.
AB100, s. 1732 24Section 1732. 85.061 (3) (a) 1. of the statutes is amended to read:
AB100,861,7
185.061 (3) (a) 1. Capital costs related to Amtrak service extension routes or
2other rail service routes between the cities of Milwaukee and Madison and, between
3the cities of Milwaukee and Green Bay, between the cities of Milwaukee and Chicago,
4and between the cities of Madison and La Crosse
. Any route between the cities of
5Milwaukee and Green Bay funded under the program shall provide service to
6population centers along the route in a manner that makes the route most
7economically feasible.
AB100, s. 1733 8Section 1733. 85.103 (6) of the statutes is amended to read:
AB100,861,129 85.103 (6) The department may disclose the personal identifier of any person
10who has made a designation under sub. (2) or (3) if the department discloses the
11personal identifier under s. 341.17 (9), 342.06, 343.027, 343.14, 343.234, 343.235,
12343.24 (3) and (4), or 343.245 (3m).
AB100, s. 1734 13Section 1734. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
AB100,862,514 85.20 (4m) (a) 6. cm. For aid payable for calendar year 2002, from the
15appropriation under s. 20.395 (1) (ht), the department shall pay $55,697,800 to the
16eligible applicant that pays the local contribution required under par. (b) 1. for an
17urban mass transit system that has annual operating expenses in excess of
18$80,000,000.
For aid payable for calendar year 2003 and for each calendar year
19thereafter
years 2004 and 2005, from the appropriation under s. 20.395 (1) (ht), the
20department shall pay $56,811,800 to the eligible applicant that pays the local
21contribution required under par. (b) 1. for an urban mass transit system that has
22annual operating expenses in excess of $80,000,000. From the appropriation under
23s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar
24year 2006, and $59,107,000 for aid payable for calendar year 2007 and thereafter, to
25the eligible applicant that pays the local contribution required under par. (b) 1. for

1an urban mass transit system that has annual operating expenses in excess of
2$80,000,000.
If the eligible applicant that receives aid under this subd. 6. cm. is
3served by more than one urban mass transit system, the eligible applicant may
4allocate the aid between the urban mass transit systems in any manner the eligible
5applicant considers desirable.
AB100, s. 1735 6Section 1735. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
AB100,862,247 85.20 (4m) (a) 6. d. For aid payable for calendar year 2002, from the
8appropriation under s. 20.395 (1) (hu), the department shall pay $14,869,500 to the
9eligible applicant that pays the local contribution required under par. (b) 1. for an
10urban mass transit system that has annual operating expenses in excess of
11$20,000,000 but less than $80,000,000.
For aid payable for calendar year 2003 and
12for each calendar year thereafter
years 2004 and 2005, from the appropriation under
13s. 20.395 (1) (hu), the department shall pay $15,166,900 to the eligible applicant that
14pays the local contribution required under par. (b) 1. for an urban mass transit
15system that has annual operating expenses in excess of $20,000,000 but less than
16$80,000,000. From the appropriation under s. 20.395 (1) (hu), the department shall
17pay $15,470,200 for aid payable for calendar year 2006, and $15,779,600 for aid
18payable for calendar year 2007 and thereafter, to the eligible applicant that pays the
19local contribution required under par. (b) 1. for an urban mass transit system that
20has annual operating expenses in excess of $20,000,000 but less than $80,000,000.

21If the eligible applicant that receives aid under this subd. 6. d. is served by more than
22one urban mass transit system, the eligible applicant may allocate the aid between
23the urban mass transit systems in any manner the eligible applicant considers
24desirable.
AB100, s. 1736 25Section 1736. 85.20 (4m) (a) 7. b. of the statutes is amended to read:
AB100,863,6
185.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the
2amounts for aids are $20,596,400 in calendar year 2002, $21,008,300 in calendar
3year 2003, and
$21,757,600 in calendar year 2004 and in each calendar year
4thereafter
years 2004 and 2005, $22,192,800 in calendar year 2006, and $22,636,700
5in calendar year 2007 and thereafter
. These amounts, to the extent practicable, shall
6be used to determine the uniform percentage in the particular calendar year.
AB100, s. 1737 7Section 1737. 85.20 (4m) (a) 8. b. of the statutes is amended to read:
AB100,863,138 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the
9amounts for aids are $5,563,100 in calendar year 2002, $5,674,400 in calendar year
102003, and
$4,925,100 in calendar year 2004 and in each calendar year thereafter
11years 2004 and 2005, $5,023,600 in calendar year 2006, and $5,124,100 in calendar
12year 2007 and thereafter
. These amounts, to the extent practicable, shall be used to
13determine the uniform percentage in the particular calendar year.
AB100, s. 1738 14Section 1738. 86.195 (3) (b) 3. of the statutes is amended to read:
AB100,863,1715 86.195 (3) (b) 3. Fifty percent of the gross receipts of the business are from meal,
16food,
the sale of food product and beverage sales and food ingredients, as defined in
17s. 77.51 (3t), that are
taxable under s. 77.54 (20) (c) subch. III of ch. 77; and
AB100, s. 1739 18Section 1739. 86.30 (2) (a) 3. of the statutes is amended to read:
AB100,863,2219 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a
20municipality as determined under s. 86.302, the mileage aid payment shall be $1,755
21in calendar year 2002, and
$1,825 in calendar year 2003 years 2004 and 2005, $1,862
22in calendar year 2006, and $1,899 in calendar year 2007
and thereafter.
AB100, s. 1740 23Section 1740. 86.30 (9) (b) of the statutes is amended to read:
AB100,864,424 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2),
25the amounts for aids to counties are $86,581,300 in calendar year 2002, and

1$90,044,600 in calendar year 2003 years 2004 and 2005, $91,845,500 in calendar
2year 2006, and $93,682,400 in calendar year 2007
and thereafter. These amounts,
3to the extent practicable, shall be used to determine the statewide county average
4cost-sharing percentage in the particular calendar year.
AB100, s. 1741 5Section 1741. 86.30 (9) (c) of the statutes is amended to read:
AB100,864,116 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2),
7the amounts for aids to municipalities are $272,395,300 in calendar year 2002, and
8$283,291,100 in calendar year 2003 years 2004 and 2005, $286,124,000 in calendar
9year 2006, and $297,736,000 in calendar year 2007
and thereafter. These amounts,
10to the extent practicable, shall be used to determine the statewide municipal average
11cost-sharing percentage in the particular calendar year.
AB100, s. 1742 12Section 1742. 92.10 (4) (a) of the statutes is repealed and recreated to read:
AB100,864,1613 92.10 (4) (a) Data. The department shall develop a systematic method of
14collecting and organizing data related to soil erosion. The department shall
15cooperate with the department of administration under s. 16.967 in developing this
16methodology or any related activities related to land information collection.
AB100, s. 1743 17Section 1743. 93.06 (1qm) of the statutes is created to read:
AB100,864,2118 93.06 (1qm) Loans for rural development. Make loans, and charge interest
19and origination fees and take security for those loans, as required to receive federal
20funding for the development of rural business enterprises or for rural economic
21development.
AB100, s. 1744 22Section 1744. 93.07 (1) of the statutes is amended to read:
AB100,865,323 93.07 (1) Regulations. To make and enforce such regulations, not inconsistent
24with law, as it may deem necessary for the exercise and discharge of all of the powers
25and duties of the department, and to adopt such measures and make such

1regulations as are necessary and proper for the enforcement by the state of
2department to carry out its powers and duties under
chs. 93 to 100, which regulations
3shall have the force of law
.
AB100, s. 1745 4Section 1745. 93.07 (23) of the statutes is created to read:
AB100,865,75 93.07 (23) Consumer protection administration. To administer ss. 100.01 to
6100.14, 100.183 to 100.19, 100.201, 100.202, 100.206, 100.21 to 100.24, 100.265,
7100.27, 100.285 to 100.30, 100.33 to 100.36, 100.45, 100.47, 100.48, and 100.51.
AB100, s. 1746 8Section 1746. 93.07 (24) of the statutes is amended to read:
AB100,865,119 93.07 (24) Enforcement of laws. To enforce or assist in the enforcement of chs.
1088 and 93 to 99, those laws under ch. 100 administered by the department, and all
11other laws entrusted to its administration, and especially:
AB100,865,1412 (a) To enforce the laws administered by the department regarding the
13production, manufacture and sale, offering or exposing for sale or having in
14possession with intent to sell, of any dairy, food or drug product.
AB100,865,1615 (b) To enforce the laws administered by the department regarding the
16adulteration or misbranding of any articles of food, drink, condiment or drug.
AB100,865,21 17(c) To inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article
18of food, drink, condiment or drug made or offered for sale within this state which it
19may suspect or have reason to believe, under the laws administered by the
20department,
to be impure, unhealthful, misbranded, adulterated or counterfeit, or
21in any way unlawful.
AB100,866,222 (d) To prosecute or cause to be prosecuted, under the laws administered by the
23department,
any person engaged in the manufacture or sale, offering or exposing for
24sale or having in possession with intent to sell, of any adulterated dairy product or

1of any adulterated, misbranded, counterfeit, or otherwise unlawful article or articles
2of food, drink, condiment or drug.
AB100, s. 1747 3Section 1747. 93.18 (3) of the statutes is amended to read:
AB100,866,154 93.18 (3) The department of justice, after acting pursuant to s. 100.37 or 100.41
5to 100.43 to order the sale or distribution of any substance, article, furnishing, fabric,
6product or related material ceased, shall give written notice of its finding to the
7manufacturer, seller or other person responsible for placing the item in the channels
8of trade in this state. After such notice no person may sell, remove or otherwise
9dispose of such item except as directed by the department of justice. Any person
10affected by such notice may demand a prompt hearing to determine the validity of
11the department's findings of the department of justice. The hearing, if requested,
12shall be held as expeditiously as possible but not later than 30 days after notice. A
13request for hearing does not operate to stay enforcement of the order during the
14pendency of the hearing. The person petitioning for a hearing shall be entitled to the
15same rights specified under sub. (2).
AB100, s. 1748 16Section 1748. 93.18 (7) of the statutes is created to read:
AB100,866,1917 93.18 (7) The department of justice shall follow the procedures under subs. (1),
18(2), (4), (5), and (6) in enforcing the provisions of ch. 100 that are administered by the
19department of justice.
AB100, s. 1749 20Section 1749. 93.20 (1) of the statutes is amended to read:
AB100,866,2421 93.20 (1) Definition. In this section, "action" means an action that is
22commenced in court by, or on behalf of, the department of agriculture, trade, and
23consumer protection rural resources to enforce chs. 88, 91 to 100 or 126 or an action
24that is commenced in court by the department of justice to enforce ch. 100
.
AB100, s. 1750 25Section 1750. 93.22 (1) of the statutes is amended to read:
AB100,867,2
193.22 (1) In cases arising under chs. 88 and 93 to 100 99 and ss. 100.206, 100.21,
2100.30, and 100.51
, the department may be represented by its attorney.
AB100, s. 1751 3Section 1751. 93.22 (2) of the statutes is amended to read:
AB100,867,74 93.22 (2) The department may, with the approval of the governor, appoint
5special counsel to prosecute or assist in the prosecution of any case arising under chs.
688 and 93 to 100 99 and ss. 100.206, 100.21, 100.30, and 100.51. The cost of such
7special counsel shall be charged to the appropriation for the department.
AB100, s. 1752 8Section 1752. 93.46 (3) of the statutes is created to read:
AB100,867,99 93.46 (3) (a) The department may make grants for any of the following:
AB100,867,1110 1. Research and development of technologies, including digesters, for using
11agricultural products or agricultural waste as energy sources.
AB100,867,1312 2. Encouraging the use of agricultural products or agricultural waste as energy
13sources.
AB100,867,1514 3. Reducing the generation of agricultural wastes or increasing the beneficial
15use of agricultural wastes.
AB100,867,1616 4. Encouraging the development of biochemicals from agricultural products.
AB100,867,1917 (b) The department may provide the recipient of a grant under this subsection
18with not more than $300,000, of which not more than $150,000 may be for planning
19and not more than $150,000 may be for implementation.
AB100, s. 1753 20Section 1753. 95.23 (1m) (b) of the statutes is amended to read:
AB100,868,421 95.23 (1m) (b) The department shall indemnify the owner of an animal that
22must be killed in order to conduct testing under par. (a), if funds are available from
23the appropriation under s. 20.115 (2) (m) or (8) (ks) to pay the indemnity,
in an
24amount equal to two-thirds of the difference between the net salvage value and the
25appraised value of the animal but not more than $1,500 for one animal , except as

1provided in s. 95.31 (3m). The department may pay an indemnity under this
2paragraph from the appropriation account under s. 20.115 (2) (b) only if funds
3received by the department under s. 20.115 (2) (m) and (8) (ks) for the payment of
4indemnities are insufficient to pay the indemnity
.
AB100, s. 1754 5Section 1754. 95.31 (3) of the statutes is amended to read:
AB100,868,156 95.31 (3) In addition to the indemnities for specific animal diseases provided
7under ss. 95.25, 95.26 and 95.27 or under special emergency programs and subject
8to s. 95.36, the department shall pay indemnities on livestock condemned and
9slaughtered or destroyed because of other diseases if the department determines
10that the condemnation and slaughter or destruction is necessary to protect public
11health or the livestock industry. The indemnity under this subsection shall be
12two-thirds of the difference between net salvage value and appraised value, but may
13not exceed $1,500 for an animal, except as provided in sub (3m). As used in this
14subsection, "livestock" means animals of species raised primarily to produce food for
15human consumption, including farm-raised deer.
AB100, s. 1755 16Section 1755. 95.31 (3m) of the statutes is created to read:
AB100,868,2317 95.31 (3m) If the department condemns an animal because the animal is
18suspected to have a transmissible spongiform encephalopathy and the owner
19disposes of the carcass as directed by the department, the department shall increase
20the amount of the indemnity calculated under sub. (3) or s. 95.23 (1m) (b) by the costs
21of the destruction of the animal and of the disposal, transportation, and any
22necessary storage of the animal's carcass. An indemnity paid because of the
23condemnation of an animal to which this subsection applies may exceed $1,500.
AB100, s. 1756 24Section 1756. 95.51 (8) of the statutes, as created by 2003 Wisconsin Act 229,
25is amended to read:
AB100,869,6
195.51 (8) Contract agent. The department may contract with an agent to
2administer the registration program under this section on behalf of the department.
3The department may not authorize an agent to release aggregate information under
4this section. If the department contracts with an agent under this subsection, the
5agent may collect fees from registrants that cover the agent's cost of administering
6the registration program.
AB100, s. 1757 7Section 1757. 100.07 (6) of the statutes is amended to read:
AB100,869,118 100.07 (6) Action Upon request of the department of agriculture, trade, and
9rural resources, an action
to enjoin violation of this section may be commenced and
10prosecuted by the department of justice in the name of the state in any court having
11equity jurisdiction.
AB100, s. 1758 12Section 1758. 100.171 (7) (b) of the statutes is amended to read:
AB100,869,1613 100.171 (7) (b) Whoever intentionally violates this section is guilty of a Class
14I felony. A person intentionally violates this section if the violation occurs after the
15department of justice or a district attorney has notified the person by certified mail
16that the person is in violation of this section.
AB100, s. 1759 17Section 1759. 100.171 (8) (intro.) of the statutes is amended to read:
AB100,869,2018 100.171 (8) Enforcement. (intro.) The department of justice shall investigate
19violations of this section. The department of justice or any district attorney may on
20behalf of the state:
AB100, s. 1760 21Section 1760. 100.173 (4) (intro.) of the statutes is amended to read:
AB100,869,2422 100.173 (4) (intro.) The department of justice shall investigate violations of this
23section. The department of justice, or any district attorney upon informing the
24department of justice, may, on behalf of the state, do any of the following:
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