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AB68-ASA2,309,2116 71.47 (4) (k) 1. b. For taxable years beginning after December 31, 2020, the
17amount of the claim not used to offset the tax due, not to exceed 15 percent of the
18allowable amount of the claim under par. (ad) 4., 5., or 6., shall be certified by the
19department of revenue to the department of administration for payment by check,
20share draft, or other draft drawn from the appropriation account under s. 20.835 (2)
21(d).
AB68-ASA2,276 22Section 276. 77.51 (1fm) of the statutes is renumbered 77.51 (1fm) (intro.) and
23amended to read:
AB68-ASA2,310,324 77.51 (1fm) (intro.) “Candy" means a preparation of sugar, honey, or other
25natural or artificial sweetener combined with chocolate, fruit, nuts, or other

1ingredients or flavorings in the form of bars, drops, or pieces. “Candy" does not
2include a preparation that contains flour or that requires refrigeration. any of the
3following:
AB68-ASA2,277 4Section 277. 77.51 (1fm) (a) of the statutes is created to read:
AB68-ASA2,310,55 77.51 (1fm) (a) A preparation that contains flour or that requires refrigeration.
AB68-ASA2,278 6Section 278. 77.51 (1fm) (b) of the statutes is created to read:
AB68-ASA2,310,137 77.51 (1fm) (b) A preparation that has as its predominant ingredient dried or
8partially dried fruit along with one or more sweeteners, and which may also contain
9other additives including oils, natural flavorings, fiber, or preservatives. This
10paragraph does not apply to a preparation that includes chocolate, nuts, yogurt, or
11a preparation that has a confectionary coating or glazing on the dried or partially
12dried fruit. For purposes of this paragraph, “dried or partially dried fruit” does not
13include fruit that has been ground, crushed, grated, flaked, pureed, or jellied.
AB68-ASA2,279 14Section 279. 78.12 (4) (a) 5. of the statutes is created to read:
AB68-ASA2,310,1715 78.12 (4) (a) 5. On the effective date of this subdivision .... [LRB inserts date],
16the percentages used to calculate the amounts to be subtracted from the computation
17of the tax under subds. 2. and 3. are doubled.
AB68-ASA2,280 18Section 280. 79.10 (11) (b) of the statutes is amended to read:
AB68-ASA2,311,619 79.10 (11) (b) Before October 1, the department of administration shall
20determine the total funds available for distribution under the lottery and gaming
21credit in the following year and shall inform the joint committee on finance of that
22total. Total funds available for distribution shall be all moneys projected to be
23transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), and (g)
24and (jm) and all existing and projected lottery proceeds and interest for the fiscal year
25of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r),

120.566 (2) (r), and 20.835 (2) (q) and less the required reserve under s. 20.003 (5).
2The joint committee on finance may revise the total amount to be distributed if it does
3so at a meeting that takes place before October 16. If the joint committee on finance
4does not schedule a meeting to take place before October 16, the total determined by
5the department of administration shall be the total amount estimated to be
6distributed under the lottery and gaming credit in the following year.
AB68-ASA2,281 7Section 281. 84.013 (3) (b) of the statutes is amended to read:
AB68-ASA2,311,138 84.013 (3) (b) I 41 extending approximately 23 miles between STH 96 in the
9town of Grand Chute and CTH “F” in the town of Lawrence, in Brown and Outagamie
10counties, including all interchanges, and including work on local roads as necessary
11for the completion of the project. As a component of this project, the department shall
12construct an interchange of I 41 and local highways near the intersection of
13Southbridge Road/French Road and Creamery Road in Brown County.
AB68-ASA2,282 14Section 282 . 84.014 (5m) (ag) 1. of the statutes is renumbered 84.014 (5m) (ag)
151m.
AB68-ASA2,283 16Section 283 . 84.014 (5m) (ag) 1e. of the statutes is created to read:
AB68-ASA2,311,2017 84.014 (5m) (ag) 1e. “I 94 east-west corridor” means all freeways, including
18related interchange ramps, roadways, and shoulders, encompassing I 94 in
19Milwaukee County from 70th Street to 16th Street, and all adjacent frontage roads
20and collector road systems.
AB68-ASA2,284 21Section 284 . 84.0145 (1) (a) of the statutes is renumbered 84.0145 (1) (am) and
22amended to read:
AB68-ASA2,311,2423 84.0145 (1) (am) “I 94 north-south corridor" has the meaning given in s. 84.014
24(5m) (ag) 1. 1m.
AB68-ASA2,285 25Section 285 . 84.0145 (1) (ae) of the statutes is created to read:
AB68-ASA2,312,2
184.0145 (1) (ae) “I 94 east-west corridor project" has the meaning given in s.
284.014 (5m) (ag) 1e.
AB68-ASA2,286 3Section 286. 84.0145 (2) of the statutes is amended to read:
AB68-ASA2,312,64 84.0145 (2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway
5megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq),
6(av), (ax), and (ct) and 20.866 (2) (uup), (uur), (uuv), and (uuz).
AB68-ASA2,287 7Section 287 . 84.0145 (3) (b) 3. of the statutes is created to read:
AB68-ASA2,312,88 84.0145 (3) (b) 3. The I 94 east-west corridor project.
AB68-ASA2,288 9Section 288. 84.062 (1) (d) of the statutes is amended to read:
AB68-ASA2,312,1210 84.062 (1) (d) “Design-builder" means a private legal entity, consortium, or
11joint venture that proposes to or executes a contract with the office to design,
12engineer, and construct a project under this section.
AB68-ASA2,289 13Section 289. 84.062 (1) (dm) of the statutes is created to read:
AB68-ASA2,312,1514 84.062 (1) (dm) “Design professional” means a person registered under s.
15443.03 or 443.04 or a firm, partnership, or corporation registered under s. 443.08.
AB68-ASA2,290 16Section 290. 84.062 (1) (g) of the statutes is created to read:
AB68-ASA2,312,1817 84.062 (1) (g) “Director” means the director of the office of innovative program
18delivery attached to the department under s. 15.463 (1).
AB68-ASA2,291 19Section 291. 84.062 (1) (h) of the statutes is amended to read:
AB68-ASA2,312,2320 84.062 (1) (h) “Fixed price variable scope design-build contract” means a
21design-build contract award made to the lowest qualified responsible bidder able to
22provide the best qualitative scope of work at a price not to exceed a fixed price set by
23the office
.
AB68-ASA2,292 24Section 292. 84.062 (1) (j) of the statutes is created to read:
AB68-ASA2,313,2
184.062 (1) (j) “Member” means a private legal entity that is a member of a
2consortium or joint venture that is a design-builder.
AB68-ASA2,293 3Section 293. 84.062 (1) (k) of the statutes is amended to read:
AB68-ASA2,313,54 84.062 (1) (k) “Office” means the office of innovative program delivery attached
5to
the department under s. 15.463 (1).
AB68-ASA2,294 6Section 294. 84.062 (1) (L) of the statutes is created to read:
AB68-ASA2,313,87 84.062 (1) (L) “Project” means a project involving a highway improvement, as
8defined in s. 84.063 (1) (a).
AB68-ASA2,295 9Section 295. 84.062 (1) (m) of the statutes is amended to read:
AB68-ASA2,313,1210 84.062 (1) (m) “Qualified responsible bidder” means a design-builder
11responding to a request for qualifications and that is certified by the technical review
12committee
.
AB68-ASA2,296 13Section 296. 84.062 (1) (p) of the statutes is created to read:
AB68-ASA2,313,1514 84.062 (1) (p) “Technical review committee” means the committee appointed
15under sub. (3).
AB68-ASA2,297 16Section 297. 84.062 (2) of the statutes is repealed and recreated to read:
AB68-ASA2,313,2117 84.062 (2) Design-build projects. (a) The department shall administer a pilot
18program under which not more than 6 contracts are awarded for design-build
19projects to be completed no later than December 31, 2025. The director may not
20designate a project as a design-build project unless the department is able to clearly
21define the scope of work.
AB68-ASA2,313,2322 (b) The department may not expend more than $250,000,000 for 6 design-build
23contracts designated as follows:
AB68-ASA2,313,2524 1. One low bid design-build contract for a project with an estimated value of
25not less than $5,000,000 and not more than $25,000,000.
AB68-ASA2,314,2
12. One best value design-build contract for a project with an estimated value
2of not less than $25,000,000 and not more than $75,000,000.
AB68-ASA2,314,43 3. One fixed price variable scope design-build contract with an estimated value
4of not less than $25,000,000 and not more than $75,000,000.
AB68-ASA2,314,85 4. Three contracts designated by the director with a total estimated value of not
6more than $125,000,000. The department may enter into a low bid design-build
7contract, best value design-build contract, or fixed price variable scope design-build
8contract under this subdivision.
AB68-ASA2,314,139 (c) For each project designated as a design-build project under par. (b), the
10office shall prepare a written analysis supporting the office's determination that it
11is in the best interests of the state to make the designation. The written analysis and
12supporting materials are subject to inspection under s. 19.35. The written analysis
13shall include all of the following:
AB68-ASA2,314,1514 1. The extent to which the department can adequately define the project
15requirements in a proposed scope of design and construction.
AB68-ASA2,314,1616 2. The impact on the projected project schedule and completion date.
AB68-ASA2,314,1717 3. The impact on the projected cost of the project.
AB68-ASA2,314,1818 4. The impact on the quality factors of the project.
AB68-ASA2,314,2019 5. The availability of contractors with experience with design-build projects or
20other innovative project delivery methods.
AB68-ASA2,314,2221 6. The capability of the department to manage a design-build project with
22office employees and design consultants.
AB68-ASA2,314,2523 7. The capability of the department to oversee a design-build project with a
24contractor with experience with design-build projects or other innovative project
25delivery methods.
AB68-ASA2,315,2
18. The availability of current department employees qualified to perform
2design and engineering services required for the design-build project.
AB68-ASA2,315,33 9. The original character of the product or the services.
AB68-ASA2,315,54 10. The statutory authority for the designation of the project as a design-build
5project and how the project furthers the department's statutory duties.
AB68-ASA2,315,86 11. Whether the design-build project must comply with any federal rule or
7regulation or any U.S. department of transportation requirement and a statement
8that the design-build project is in compliance.
AB68-ASA2,315,99 12. Any other criteria the office determines is necessary.
AB68-ASA2,315,1310 (d) For each project designated under par. (b), the office shall solicit requests
11for qualifications, requests for proposals, and cost proposals as provided in this
12section and, subject to sub. (7) (c) and (d), let each project by contract to a qualified
13responsible bidder.
AB68-ASA2,315,2414 (e) No more than 6 months following the completion of a design-build project
15designated under par. (b), the office shall prepare a report, with input from the
16design-builder and the technical review committee, detailing the project, the
17decision to designate the project as a design-build project, the type of design-build
18contract let, and recommendations for statutory changes, if any. The office shall
19provide this report to the joint committee on finance and the senate and assembly
20standing committees having jurisdiction over transportation matters. The senate
21and assembly standing committees having jurisdiction over transportation matters
22shall schedule a hearing on the report not more than 30 days following distribution
23of the report by the chief clerks of the senate and the assembly. This paragraph does
24not apply to projects completed after December 31, 2025.
AB68-ASA2,298 25Section 298. 84.062 (3) of the statutes is created to read:
AB68-ASA2,316,3
184.062 (3) Technical review committee. (a) The secretary shall appoint 5
2individuals to a technical review committee to evaluate proposals submitted under
3this section. The committee shall consist of the following:
AB68-ASA2,316,64 1. An employee of the department representing a regional office of the
5department who has at least 5 years of experience in the transportation construction
6industry.
AB68-ASA2,316,97 2. Two employees of the department representing the division of the
8department responsible for transportation project development, each of whom have
9at least 5 years of experience in the transportation construction industry.
AB68-ASA2,316,1110 3. One person representing a state association of architectural, engineering, or
11design companies.
AB68-ASA2,316,1312 4. One person representing a state association of transportation construction
13companies.
AB68-ASA2,316,1814 (b) The secretary may not appoint to the technical review committee any person
15associated, as defined in s. 19.42 (2), with a design-builder. No person appointed to
16the technical review committee may review proposals under this section when the
17proposed project could benefit the appointee or the appointee's immediate family, as
18defined in s. 19.42 (7).
AB68-ASA2,316,2019 (c) A person appointed to the technical review committee is an agent of the
20department under s. 895.46.
AB68-ASA2,316,2221 (d) Except as otherwise provided in this section, all records of the technical
22review committee are open to public inspection and copying under s. 19.35 (1).
AB68-ASA2,299 23Section 299. 84.062 (4) of the statutes is created to read:
AB68-ASA2,317,424 84.062 (4) Bids. The office shall solicit design-build proposals in 2 phases. In
25the first phase, the office shall solicit requests for qualifications under sub. (5) and

1requests for proposals under sub. (6). The technical review committee shall certify
2responsible bidders as provided in sub. (5) (c) and shall score technical proposals as
3provided in sub. (6) (b). In the 2nd phase, the office shall solicit cost proposals and
4the technical review committee shall evaluate cost proposals as provided in sub. (7).
AB68-ASA2,300 5Section 300. 84.062 (5) (a) 1. a. of the statutes is amended to read:
AB68-ASA2,317,96 84.062 (5) (a) 1. a. The design and construction experience of the
7design-builder or member, personnel, and contractors who will manage the design,
8engineering, and construction aspects of the project. The office may not require a
9level of experience that will unreasonably restrict competition.
AB68-ASA2,301 10Section 301. 84.062 (5) (a) 2. d. of the statutes is amended to read:
AB68-ASA2,317,2011 84.062 (5) (a) 2. d. If the department has previously contracted with the
12design-builder or a member, the design-builder or member has a record of
13satisfactorily completing projects. In making this determination, the technical
14review committee shall consider whether the design-builder or member has
15completed all contracts in accordance with drawings and specifications, diligently
16pursued execution of the work and completed contracts according to the time
17schedule, fulfilled guarantee requirements of contracts, and complied with
18applicable safety program requirements. The technical review committee may not
19consider whether the design-builder or member exercised legal rights specified in
20statute or rule or under a contract with the department.
AB68-ASA2,302 21Section 302. 84.062 (5) (a) 2. f. of the statutes is created to read:
AB68-ASA2,317,2322 84.062 (5) (a) 2. f. The design-builder or a member has been in business for at
23least 12 months.
AB68-ASA2,303 24Section 303. 84.062 (5) (a) 2. g. of the statutes is amended to read:
AB68-ASA2,318,3
184.062 (5) (a) 2. g. The design-builder or a member has served as a prime
2contractor on no fewer than 5 projects administered by the department during the
3previous 5 calendar years
.
AB68-ASA2,304 4Section 304. 84.062 (5) (a) 2. h. of the statutes is amended to read:
AB68-ASA2,318,75 84.062 (5) (a) 2. h. The design-builder can provide information to the technical
6review committee
upon request about ownership, management, and control of the
7design-builder.
AB68-ASA2,305 8Section 305. 84.062 (5) (a) 2. j. of the statutes is created to read:
AB68-ASA2,318,109 84.062 (5) (a) 2. j. The design-builder has not been disciplined under a
10professional license in any jurisdiction in the previous 10 years.
AB68-ASA2,306 11Section 306. 84.062 (5) (b) of the statutes is amended to read:
AB68-ASA2,318,2112 84.062 (5) (b) The office shall advertise the request for qualifications by
13publication of a class 1 notice, as defined in s. 985.07 (1), in the official state
14newspaper and on the department's Internet site. The office may place similar
15notices in publications likely to inform potential bidders of the project. The office
16shall issue a request for qualifications or provide information as to where the request
17for qualifications may be obtained to any person, without regard to the qualifications
18of the person. The office shall include in all advertisements under this paragraph
19the location and scope of work; the amount of bid guarantee required; the date, time,
20and place of bid or proposal opening; and the date when and place where plans will
21be available
.
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