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AB68-ASA2,324,1512 (b) The department shall pay the fee to each qualified responsible bidder under
13par. (a) no later than 90 days after the department issues a notice of intent to award
14a contract, determines that it will not issue a notice of intent to award a contract, or
15cancels the solicitation.
AB68-ASA2,324,2016 (c) In consideration for paying the fee, the department may use work product
17contained in an unsuccessful proposal in connection with any proposed or awarded
18design-build project without making any additional compensation to the
19design-builder. If an unsuccessful design-builder waives the fee, the department
20may not use work product in the design-builder's unsuccessful proposal.
AB68-ASA2,318 21Section 318. 84.062 (13) of the statutes is created to read:
AB68-ASA2,325,322 84.062 (13) Appeals. (a) Any person aggrieved and directly affected by a
23decision of the office to issue a request for qualifications or a request for proposals
24under this section shall be entitled to judicial review of the decision as provided in
25ch. 227, subject to the procedural requirements of s. 227.53 (1). A person shall be

1considered a person aggrieved and directly affected by a decision of the office if any
2of the following apply to a request for qualifications or a request for proposals issued
3by the office under this section:
AB68-ASA2,325,54 1. The request does not include qualifications, requirements, or other items
5required under this section.
AB68-ASA2,325,76 2. The request does not comply with procedural requirements under this
7section.
AB68-ASA2,325,88 3. The request contains material errors or omissions.
AB68-ASA2,325,109 4. The request contains material discrepancies, deficiencies, or ambiguities
10that prevent a person from submitting a responsive proposal.
AB68-ASA2,325,1211 5. The request indicates a bias against or preference for a specific
12design-builder.
AB68-ASA2,325,1313 6. The request exceeds the department's authority.
AB68-ASA2,325,1914 (b) Any person aggrieved and directly affected by a decision of the office to issue
15a notice of intent to award a contract under this section shall be entitled to judicial
16review of the decision as provided in ch. 227, subject to the procedural requirements
17of s. 227.53 (1). A person shall be considered a person aggrieved and directly affected
18by a decision of the office if any of the following apply to a notice of intent to award
19a contract under this section:
AB68-ASA2,325,2120 1. The design-builder that received the notice of intent to award a contract was
21improperly certified as a qualified responsible bidder.
AB68-ASA2,325,2322 2. A mathematical error was made in scoring any of the proposals that resulted
23in an improper intent to award a contract.
AB68-ASA2,326,3
13. There is evidence of collusion or fraud involving either the design-builder
2that received the notice of intent to award a contract or a member of the technical
3review committee.
AB68-ASA2,326,44 4. There is evidence of bias of a member of the technical review committee.
AB68-ASA2,326,95 5. There is evidence that a member of the technical review committee has a
6conflict of interest because the committee member, a member of his or her immediate
7family, as defined in s. 19.42 (7), or any organization or business with which the
8member is associated, as defined in s. 19.42 (2), may benefit from the intent to award
9a contract.
AB68-ASA2,326,1410 6. The technical proposal or cost proposal submitted by the design-builder that
11received the notice of intent to award a contract is not responsive to the request for
12proposals, contains conditions or qualifications not provided for in the request for
13proposals, or does not assign costs to all services identified in the technical proposal
14or is otherwise materially unbalanced.
AB68-ASA2,326,2415 (c) If the office prevails upon judicial review, following any protest and
16appellate court proceedings, the office shall be entitled to recover all costs and
17charges included in the final order or judgment, excluding attorney fees. Upon
18payment of costs and charges by the protester, the bond shall be returned. If the
19protesting party prevails, the protesting party shall be entitled to recover from the
20office all costs and charges included in the final order or judgment, excluding
21attorney fees. The entire amount of the bond shall be forfeited if the hearing officer
22determines that a protest was filed for a frivolous or improper purpose, including the
23purpose of harassing, causing unnecessary delay, or causing needless cost for the
24office or parties.
AB68-ASA2,319 25Section 319. 84.062 (14) of the statutes is created to read:
AB68-ASA2,327,6
184.062 (14) Deliverables. (a) No later than 3 months after the effective date
2of this paragraph .... [LRB inserts date], the office shall prepare a report that
3establishes a program structure for delivering projects as required under this
4section. The report shall specify the types of projects to be considered and procedures
5and timelines for the bid process. The office may not designate a project as a
6design-build project prior to the completion of the report.
AB68-ASA2,327,117 (b) No later than 6 months after the effective date of this paragraph .... [LRB
8inserts date], the office shall prepare a design-build procurement manual that
9incorporates the requirements under this subsection and any applicable
10requirements under federal law. The manual shall be created by a committee that
11includes all of the following members:
AB68-ASA2,327,1212 1. The director.
AB68-ASA2,327,1513 2. Two employees of the department who represent the division of the
14department responsible for transportation project development and who each have
15not fewer than 5 years of experience in the transportation construction industry.
AB68-ASA2,327,1816 3. One person representing a state association of transportation architectural,
17engineering, or design companies to be nominated by the governor and appointed
18with the advice and consent of the senate.
AB68-ASA2,327,2119 4. One person representing a state association of transportation construction
20companies to be nominated by the governor and appointed with the advice and
21consent of the senate.
AB68-ASA2,327,2522 5. One person representing a national trade group with a design-build
23certification program and experience in assisting states with the implementation of
24a design-build program to be nominated by the governor and appointed with the
25advice and consent of the senate.
AB68-ASA2,328,9
1(c) No later than December 31, 2026, the office shall submit a report to the joint
2committee on finance and the senate and assembly standing committees having
3jurisdiction over transportation matters summarizing observations of the process
4utilized for alternative project delivery methods and describing the effectiveness of
5the alternative project delivery methods contracting procedures. The report shall
6include discussion on scope of work, history of projects selected, evaluation criteria,
7selection process, contract administration, work progression, time and cost
8comparisons between the traditional contracting method and alternative delivery
9methods, claims, and changes.
AB68-ASA2,328,1510 (d) No later than 6 months after receipt of the report required under par. (c),
11the joint committee on finance shall determine whether the alternative project
12delivery pilot program was successful in providing the department with additional
13tools that allow innovation, reduced project completion time, cost certainty, or
14reduced cost or other advantages or benefits and shall make a recommendation to
15the legislature as to whether the pilot program should be made permanent.
AB68-ASA2,320 16Section 320 . 84.555 (1m) of the statutes is amended to read:
AB68-ASA2,329,417 84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of
18general obligation bonds issued under s. 20.866 (2) (uum) are allocated for
19expenditure obligations under s. 84.95 and s. 84.014, the proceeds of general
20obligation bonds issued under s. 20.866 (2) (uup) and (uuv) may be used to fund
21expenditure obligations for the Marquette interchange reconstruction project under
22s. 84.014, for the reconstruction of the I 94 north-south corridor, as defined in s.
2384.014 (5m) (ag) 1. 1m., for the reconstruction of the Zoo interchange, as defined in
24s. 84.014 (5m) (ag) 2., for the reconstruction of the I 94 east-west corridor, as defined
25in s. 84.014 (5m) (ag) 1e.,
for southeast Wisconsin freeway megaprojects under s.

184.0145, and for high-cost state highway bridge projects under s. 84.017, and the
2proceeds of general obligation bonds issued under s. 20.866 (2) (uur) and (uuv) may
3be used to fund expenditure obligations for southeast Wisconsin freeway
4megaprojects under s. 84.0145.
AB68-ASA2,321 5Section 321 . 84.56 of the statutes is amended to read:
AB68-ASA2,329,9 684.56 Additional funding for major highway projects. Notwithstanding
7ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s.
884.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the
9proceeds of general obligation bonds issued under s. 20.866 (2) (uus) and (uuv).
AB68-ASA2,322 10Section 322 . 84.57 (1) of the statutes is amended to read:
AB68-ASA2,329,1411 84.57 (1) Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and
12subject to sub. (2), state highway rehabilitation projects for the purposes specified
13in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds
14issued under s. 20.866 (2) (uut) and (uuv).
AB68-ASA2,323 15Section 323. 84.59 (6) of the statutes is amended to read:
AB68-ASA2,330,1516 84.59 (6) The building commission may contract revenue obligations when it
17reasonably appears to the building commission that all obligations incurred under
18this section can be fully paid from moneys received or anticipated and pledged to be
19received on a timely basis. Except as provided in this subsection, the principal
20amount of revenue obligations issued under this section may not exceed
21$4,055,372,900, excluding any obligations that have been defeased under a cash
22optimization program administered by the building commission, to be used for
23transportation facilities under s. 84.01 (28) and major highway projects for the
24purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
25amount, the building commission may contract revenue obligations under this

1section up to $142,254,600, excluding any obligations that have been defeased under
2a cash optimization program administered by the building commission, to be used
3for transportation facilities under s. 84.01 (28) and major highway projects for the
4purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
5amount, the building commission may contract revenue obligations under this
6section up to $128,258,200, excluding any obligations that have been defeased under
7a cash optimization program administered by the building commission, to be used
8for transportation facilities under s. 84.01 (28) and major highway projects for the
9purposes under ss. 84.06 and 84.09.
In addition to the foregoing limits 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, to make payments under
13agreements or ancillary arrangements entered into under s. 18.55 (6) with respect
14to revenue obligations issued under this section, and to pay expenses associated with
15revenue obligations contracted under this section.
AB68-ASA2,324 16Section 324. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:
AB68-ASA2,331,217 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the
18department shall pay $64,193,900 for aid payable for calendar years 2015 to 2019
19and
$65,477,800 for aid payable for calendar year years 2020 and 2021, $32,738,900
20for calendar year 2022, and $65,477,800 for calendar year 2023
and thereafter, to the
21eligible applicant that pays the local contribution required under par. (b) 1. for an
22urban mass transit system that has annual operating expenses of $80,000,000 or
23more. If the eligible applicant that receives aid under this subd. 6. cm. is served by
24more than one urban mass transit system, the eligible applicant may allocate the aid

1between the urban mass transit systems in any manner the eligible applicant
2considers desirable.
AB68-ASA2,325 3Section 325. 85.20 (4m) (a) 6. d. of the statutes is amended to read:
AB68-ASA2,331,134 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the
5department shall pay $16,868,000 for aid payable for calendar years 2015 to 2019
6and
$17,205,400 for aid payable for calendar year years 2020 and 2021, $8,602,700
7for calendar year 2022, and $17,205,400 for calendar year 2023 and
thereafter, to the
8eligible applicant that pays the local contribution required under par. (b) 1. for an
9urban mass transit system that has annual operating expenses in excess of
10$20,000,000 but less than $80,000,000. If the eligible applicant that receives aid
11under this subd. 6. d. is served by more than one urban mass transit system, the
12eligible applicant may allocate the aid between the urban mass transit systems in
13any manner the eligible applicant considers desirable.
AB68-ASA2,326 14Section 326. 85.64 of the statutes is created to read:
AB68-ASA2,331,15 1585.64 Office of innovative program delivery. (1) In this section:
AB68-ASA2,331,1616 (a) “Director” means the director of the office.
AB68-ASA2,331,1817 (b) “Office” means the office of innovative program delivery attached to the
18department under s. 15.463 (1).
AB68-ASA2,331,21 19(2) The secretary shall appoint a director who has no fewer than than 5 years
20of experience in design-build project development and delivery specific to public
21transportation or public infrastructure construction.
AB68-ASA2,331,22 22(3) The director shall do all of the following:
AB68-ASA2,331,2323 (a) Perform the duties and functions required under s. 84.062.
AB68-ASA2,331,2524 (b) Employ, supervise, and train personnel assigned to the office by the
25secretary.
AB68-ASA2,332,1
1(c) Supervise all expenditures of the office.
AB68-ASA2,332,2 2(4) The office shall perform the duties and functions required under s. 84.062.
AB68-ASA2,327 3Section 327. 86.30 (2) (a) 3. of the statutes is amended to read:
AB68-ASA2,332,74 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a
5municipality as determined under s. 86.302, the mileage aid payment shall be $2,389
6in calendar year 2019 and
$2,628 in calendar year years 2020 and 2021, $2,681 in
7calendar year 2022, and $2,734 in calendar year 2023
and thereafter.
AB68-ASA2,328 8Section 328 . 86.30 (2) (d) of the statutes is renumbered 86.30 (2) (d) 1. and
9amended to read:
AB68-ASA2,332,1210 86.30 (2) (d) 1. No Except as provided in subd. 2., a municipality may not be
11paid an amount under this section greater than 85 percent of its 3-year average
12costs.
AB68-ASA2,329 13Section 329 . 86.30 (2) (d) 2. of the statutes is created to read:
AB68-ASA2,332,1814 86.30 (2) (d) 2. A town for which the equalized value of the town in the previous
15year was in the bottom quartile of equalized values of towns in the state for that year
16may not be paid an amount under this section greater than 98 percent of its 3-year
17average costs. Equalized values under this subdivision shall be those determined by
18the department of revenue under s. 70.57.
AB68-ASA2,330 19Section 330. 86.30 (2m) of the statutes is created to read:
AB68-ASA2,333,420 86.30 (2m) Adjustments for certain aid limitations. If the amount of
21transportation aids paid to a town is limited by sub. (2) (d) to an amount less than
22the amount calculated under sub. (2) (a) and the department determines that the
23limitation was caused by the timing of a reimbursement for an expenditure made by
24the town, the department shall make an additional payment of transportation aids
25to the town from the appropriation under s. 20.395 (1) (aw) in an amount that the

1department determines will compensate the town for the diminished payments. If
2the moneys appropriated under s. 20.395 (1) (aw) are not sufficient to fully
3compensate towns qualifying for payments under this subsection, the department
4may prorate the payments among the qualifying towns.
AB68-ASA2,331 5Section 331. 86.30 (9) (b) of the statutes is amended to read:
AB68-ASA2,333,116 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2),
7the amounts for aids to counties are $111,093,800 in calendar year 2019 and
8$122,203,200 in calendar year years 2020 and 2021, $124,647,300 in calendar year
92022, and $127,140,200 in calendar year 2023 and
thereafter. These amounts, to the
10extent practicable, shall be used to determine the statewide county average
11cost-sharing percentage in the particular calendar year.
AB68-ASA2,332 12Section 332. 86.30 (9) (c) of the statutes is amended to read:
AB68-ASA2,333,1813 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2),
14the amounts for aids to municipalities are $348,639,300 in calendar year 2019 and
15$383,503,200 in calendar year years 2020 and 2021, $391,173,300 in calendar year
162022, and $398,996,800 in calendar year 2023 and
thereafter. These amounts, to the
17extent practicable, shall be used to determine the statewide municipal average
18cost-sharing percentage in the particular calendar year.
AB68-ASA2,333 19Section 333. 86.31 (3s) (a) of the statutes is amended to read:
AB68-ASA2,333,2420 86.31 (3s) (a) Funds provided under s. 20.395 (2) (fc) (fq) shall be distributed
21under this subsection as discretionary grants to reimburse political subdivisions for
22improvements. The department shall solicit and provide discretionary grants under
23this subsection until all funds appropriated under s. 20.395 (2) (fc) (fq) have been
24expended.
AB68-ASA2,334 25Section 334. 86.31 (3s) (bm) of the statutes is created to read:
AB68-ASA2,334,6
186.31 (3s) (bm) From the appropriation under s. 20.395 (2) (fq), the department
2shall allocate in 2021-22 amounts for county trunk highway improvements, town
3road improvements, and municipal street improvements so that the total funding
4under s. 20.395 (2) (fq) in 2021-22 is distributed among these groups at the same
5percentage that each group is allocated from the total funding allocated under par.
6(b).
AB68-ASA2,335 7Section 335. 93.40 (1) (g) of the statutes is amended to read:
AB68-ASA2,334,108 93.40 (1) (g) Promote the growth of the dairy industry through research,
9planning, and assistance, including grants and loans to dairy producers and grants
10to persons operating processing plants.
AB68-ASA2,336 11Section 336 . 93.68 of the statutes is created to read:
AB68-ASA2,334,15 1293.68 Grants for meat processing facilities. (1) Definition. In this
13section, “meat processing facility" means a plant or premises where animals are
14slaughtered for human consumption, or where meat or meat products are processed,
15but does not include rendering plants.
AB68-ASA2,334,18 16(2) Grants. The department may award grants from the appropriation under
17s. 20.115 (4) (f) to meat processing facilities for the purpose of promoting the growth
18of the meat industry in this state.
AB68-ASA2,337 19Section 337. 106.13 (3m) (d) of the statutes is amended to read:
AB68-ASA2,334,2320 106.13 (3m) (d) The amount of a grant awarded under par. (b) may not exceed
21$900 $1,100 per youth apprentice. A local partnership that is awarded a grant under
22par. (b) shall provide matching funds equal to 50 percent of the grant amount
23awarded.
AB68-ASA2,338 24Section 338. 106.18 of the statutes is amended to read:
AB68-ASA2,335,3
1106.18 Youth summer jobs programs in 1st class cities. From the
2appropriation account under s. 20.445 (1) (fm), the department shall implement and
3operate youth summer jobs programs in 1st class cities.
AB68-ASA2,339 4Section 339. 106.38 (4) (a) 2m. of the statutes is amended to read:
AB68-ASA2,335,65 106.38 (4) (a) 2m. Submit an application to the program no later than 7 years
6at any time after the date of discharge from military service.
AB68-ASA2,340 7Section 340. 108.133 (2) (a) (intro.) of the statutes is amended to read:
AB68-ASA2,335,108 108.133 (2) (a) (intro.) Promulgate Immediately promulgate rules to establish
9the program. The department shall do all of the following in the rules promulgated
10under this paragraph:
AB68-ASA2,341 11Section 341. 108.133 (2) (am) of the statutes is amended to read:
AB68-ASA2,335,1512 108.133 (2) (am) Promulgate Immediately promulgate rules identifying
13occupations for which drug testing is regularly conducted in this state. The
14department shall notify the U.S. department of labor of any rules promulgated under
15this paragraph.
AB68-ASA2,342 16Section 342 . 115.436 (2) (intro.) of the statutes is amended to read:
AB68-ASA2,335,2017 115.436 (2) (intro.) A school district is eligible for sparsity aid under this section
18if it the school district's membership in the previous school year divided by the school
19district's area in square miles is less than 10 and the school district
satisfies all one
20of the following criteria:
AB68-ASA2,343 21Section 343 . 115.436 (2) (b) of the statutes is created to read:
AB68-ASA2,335,2322 115.436 (2) (b) The school district's membership in the previous school year was
23greater than 745 but not more than 1,000.
AB68-ASA2,344 24Section 344 . 115.436 (2) (c) of the statutes is repealed.
AB68-ASA2,345
1Section 345. 115.436 (3) (a) of the statutes is renumbered 115.436 (3) (a) 1. and
2amended to read:
AB68-ASA2,336,63 115.436 (3) (a) 1. Beginning in the 2018-19 school year, from the appropriation
4under s. 20.255 (2) (ae) and subject to par. (b), the department shall pay to each school
5district eligible for sparsity aid under sub. (2) (a) $400 multiplied by the school
6district's
membership in the previous school year.
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