Amendment SSA1-AB68

AB68-SSA1,748,12 79.01 (2d) (c) In 2021, $763,137,230.

AB68-SSA1,1490 Section 1490 . 79.01 (2d) (d) of the statutes is created to read:

AB68-SSA1,748,14 79.01 (2d) (d) In 2022, and in each year thereafter, $778,499,974.

AB68-SSA1,1491 Section 1491. 79.035 (5) of the statutes is renumbered 79.035 (5) (a) and amended to read:

AB68-SSA1,748,21 79.035 (5) (a) Except as provided in subs. (6), (7), and (8), for the distribution distributions beginning in 2013 and subsequent years ending in 2020, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012.

AB68-SSA1,1492 Section 1492. 79.035 (5) (a) of the statutes, as affected by 2019 Wisconsin Act 19, section 18, and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68-SSA1,749,2 79.035 (5) (a) Except as provided in subs. (7) and (8), for the distributions beginning in 2013 and ending in 2020, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2012.

AB68-SSA1,1493 Section 1493 . 79.035 (5) (b) of the statutes is created to read:

AB68-SSA1,749,7 79.035 (5) (b) 1. Except as provided in subs. (6), (7), and (8), for the distribution in 2021, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2020, increased by 2 percent.

AB68-SSA1,749,11 2. Except as provided in subs. (6), (7), and (8), for the distribution in 2022 and subsequent years, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2021, increased by 2 percent.

AB68-SSA1,1494 Section 1494. 79.035 (5) (b) of the statutes, as created by 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68-SSA1,749,17 79.035 (5) (b) 1. Except as provided in subs. (7) and (8), for the distribution in 2021, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2020, increased by 2 percent.

AB68-SSA1,749,21 2. Except as provided in subs. (7) and (8), for the distribution in 2022 and subsequent years, each county and municipality shall receive a payment under this section that is equal to the amount of the payment determined for the county or municipality under this section for 2021, increased by 2 percent.

AB68-SSA1,1495 Section 1495. 79.05 (2) (c) of the statutes is amended to read:

AB68-SSA1,750,22 79.05 (2) (c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and 1m., recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, increased revenues resulting from a referendum under s. 66.0602 (4) to exceed the municipality's levy increase limit under s. 66.0602 (2), increased revenues resulting from a referendum under s. 77.994 (3) (b) 2. b. to increase the rate of the tax imposed under s. 77.994 (2), and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and 1m., recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, increased revenues resulting from a referendum under s. 66.0602 (4) to exceed the municipality's levy increase limit under s. 66.0602 (2), increased revenues resulting from a referendum under s. 77.994 (3) (b) 2. b. to increase the rate of the tax imposed under s. 77.994 (2), and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10 percent.

AB68-SSA1,1496 Section 1496. 79.10 (11) (b) of the statutes is amended to read:

AB68-SSA1,751,11 79.10 (11) (b) Before October 1, the department of administration shall determine the total funds available for distribution under the lottery and gaming credit in the following year and shall inform the joint committee on finance of that total. Total funds available for distribution shall be all moneys projected to be transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), and (g) and (jm) and all existing and projected lottery proceeds and interest for the fiscal year of the distribution, less the amount estimated to be expended under ss. 20.455 (2) (r), 20.566 (2) (r), and 20.835 (2) (q) and less the required reserve under s. 20.003 (5). The joint committee on finance may revise the total amount to be distributed if it does so at a meeting that takes place before October 16. If the joint committee on finance does not schedule a meeting to take place before October 16, the total determined by the department of administration shall be the total amount estimated to be distributed under the lottery and gaming credit in the following year.

AB68-SSA1,1497 Section 1497. 84.01 (13) of the statutes is amended to read:

AB68-SSA1,752,2 84.01 (13) Engineering services. The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 $100,000 or more shall be by formal contract approved by the governor. The department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this subsection that involves an estimated expenditure of more than $300,000 in accordance with standards prescribed by rule of the department and consider and document the results of the analysis before the determination of whether to undertake the proposed engagement. The department shall review periodically, and before any renewal, the continued appropriateness of contracting pursuant to each engagement under this subsection that involves an estimated expenditure of more than $300,000.

AB68-SSA1,1498 Section 1498. 84.01 (35) (b) of the statutes is amended to read:

AB68-SSA1,752,9 84.01 (35) (b) Except as provided in par. (d) (c), and notwithstanding any other provision of this chapter or ch. 82, 83, or 85, the department shall give due consideration to establishing ensure that bikeways and pedestrian ways are established in all new highway construction and reconstruction projects funded in whole or in part from state funds or federal funds appropriated under s. 20.395 or 20.866.

AB68-SSA1,1499 Section 1499. 84.01 (35) (c) of the statutes is created to read:

AB68-SSA1,752,13 84.01 (35) (c) The department shall promulgate rules identifying exceptions to the requirement under par. (b), but these rules may provide for an exception only if any of the following applies:

AB68-SSA1,752,21 2. The cost of establishing bikeways or pedestrian ways would be excessively disproportionate to the need or probable use of the bikeways or pedestrian ways. For purposes of this subdivision, cost is excessively disproportionate if it exceeds 20 percent of the total project cost. The rules may not allow an exception under this subdivision to be applied unless the secretary of transportation, or a designee of the secretary who has knowledge of the purpose and value of bicycle and pedestrian accommodations, reviews the applicability of the exception under this subdivision to the particular project at issue.

AB68-SSA1,752,23 3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.

AB68-SSA1,752,25 4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.

AB68-SSA1,753,2 5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.

AB68-SSA1,1500 Section 1500. 84.01 (35) (d) (intro.) and 2. of the statutes are repealed.

AB68-SSA1,1501 Section 1501. 84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.

AB68-SSA1,1502 Section 1502. 84.014 (5m) (ag) 1. of the statutes is renumbered 84.014 (5m) (ag) 1m.

AB68-SSA1,1503 Section 1503. 84.014 (5m) (ag) 1e. of the statutes is created to read:

AB68-SSA1,753,11 84.014 (5m) (ag) 1e. “I 94 east-west corridor” means all freeways, including related interchange ramps, roadways, and shoulders, encompassing I 94 in Milwaukee County from 70th Street to 16th Street, and all adjacent frontage roads and collector road systems.

AB68-SSA1,1504 Section 1504. 84.0145 (1) (a) of the statutes is renumbered 84.0145 (1) (am) and amended to read:

AB68-SSA1,753,15 84.0145 (1) (am) “I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1. 1m.

AB68-SSA1,1505 Section 1505 . 84.0145 (1) (ae) of the statutes is created to read:

AB68-SSA1,753,18 84.0145 (1) (ae) “I 94 east-west corridor project" has the meaning given in s. 84.014 (5m) (ag) 1e.

AB68-SSA1,1506 Section 1506. 84.0145 (2) of the statutes is amended to read:

AB68-SSA1,753,22 84.0145 (2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq), (av), (ax), and (ct) and 20.866 (2) (uup), (uur), (uuv), and (uuz).

AB68-SSA1,1507 Section 1507 . 84.0145 (3) (b) 3. of the statutes is created to read:

AB68-SSA1,753,24 84.0145 (3) (b) 3. The I 94 east-west corridor project.

AB68-SSA1,1508 Section 1508. 84.06 (2) (a) of the statutes is amended to read:

AB68-SSA1,754,20 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 $250,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB68-SSA1,1509 Section 1509. 84.06 (3) of the statutes is amended to read:

AB68-SSA1,755,13 84.06 (3) Contracts with county or municipality; direct labor; materials. If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, the department may, by arrangement with the county highway committee of the county, enter into a contract satisfactory to the department to have the work done by the county forces and equipment. In such contract the department may authorize the county to purchase, deliver, and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If the total estimated indebtedness to be incurred exceeds $5,000 $100,000, the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town, or a village and the state. In such cases, the governing body of the city, town, or village shall enter into the agreement on behalf of the municipality.

AB68-SSA1,1510 Section 1510. 84.06 (4) of the statutes is amended to read:

AB68-SSA1,756,8 84.06 (4) Special contracts with railroads and utilities. If an improvement undertaken by the department will cross or affect the property or facilities of a railroad or public utility company, the department may, upon finding that it is feasible and advantageous to the state, arrange to perform portions of the improvement work affecting such facilities or property or perform work of altering, rearranging, or relocating such facilities by contract with the railroad or public utility. Such contract shall be between the railroad company or public utility and the state and need not be based on bids. The contract may be entered into on behalf of the state by the secretary. Every such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.528, 16.752, 16.753, and 16.754. No such contract in which the total estimated debt to be incurred exceeds $5,000 $100,000 shall be valid until approved by the governor. As used in this subsection, “public utility" means the same as in s. 196.01 (5), and includes a telecommunications carrier as defined in s. 196.01 (8m), and “railroad" means the same as in s. 195.02. “Property" as used in this subsection includes but is not limited to tracks, trestles, signals, grade crossings, rights-of-way, stations, pole lines, plants, substations, and other facilities. Nothing in this subsection shall be construed to relieve any railroad or public utility from any financial obligation, expense, duty, or responsibility otherwise provided by law relative to such property.

AB68-SSA1,1511 Section 1511. 84.07 (1b) of the statutes is amended to read:

AB68-SSA1,756,20 84.07 (1b) Emergency repair and protection of state trunk highways. To accomplish prompt repair, protection or preservation of any state trunk highway which has been closed or is being jeopardized by extraordinary damage by flood, structure failure, slides, or other extraordinary condition of necessity and emergency, the department may, if it is deemed for the best interest of the state, proceed at once to repair or protect the highway with forces and services of private constructors and agencies, summarily engaged by the department and cause said work to be done by negotiated contract or agreement without calling for competitive bids, provided that any such contract or agreement involving an estimated expenditure in excess of $10,000 $100,000 shall be subject to approval of the governor before it becomes effective.

AB68-SSA1,1512 Section 1512. 84.075 (title) of the statutes is amended to read:

AB68-SSA1,756,24 84.075 (title) Contracting with minority businesses and; disabled veteran-owned businesses; lesbian, gay, bisexual, or transgender-owned businesses; and disability-owned businesses.

AB68-SSA1,1513 Section 1513. 84.075 (1c) (a) of the statutes is renumbered 84.075 (1c) (ah).

AB68-SSA1,1514 Section 1514. 84.075 (1c) (ae) of the statutes is created to read:

AB68-SSA1,757,3 84.075 (1c) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB68-SSA1,1515 Section 1515. 84.075 (1c) (br) of the statutes is created to read:

AB68-SSA1,757,6 84.075 (1c) (br) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).

AB68-SSA1,1516 Section 1516. 84.075 (1m) (bg) of the statutes is created to read:

AB68-SSA1,757,18 84.075 (1m) (bg) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are lesbian, gay, bisexual, or transgender-owned businesses. In attempting to meet this goal, the department may award any contract to a lesbian, gay, bisexual, or transgender-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.

AB68-SSA1,1517 Section 1517. 84.075 (1m) (br) of the statutes is created to read:

AB68-SSA1,758,5 84.075 (1m) (br) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are disability-owned businesses. In attempting to meet this goal, the department may award any contract to a disability-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.

AB68-SSA1,1518 Section 1518. 84.075 (1m) (c) of the statutes is amended to read:

AB68-SSA1,758,12 84.075 (1m) (c) If a contractor, subcontractor, or vendor is both a minority business and a disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, the department may award a contract under par. (a) or under par. (b) , (bg), or (br), but the qualified responsible bid must be no more than 5 percent higher than the low bid, as provided under pars. (a) and, (b), (bg), and (br).

AB68-SSA1,1519 Section 1519. 84.075 (2) of the statutes is amended to read:

AB68-SSA1,758,17 84.075 (2) The contractor shall report to the department any amount of the contract paid to subcontractors and vendors which are minority businesses or, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, or disability-owned businesses.

AB68-SSA1,1520 Section 1520. 84.075 (3) of the statutes is amended to read:

AB68-SSA1,759,5 84.075 (3) The department shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors that are minority businesses and, that are disabled veteran-owned businesses, that are lesbian, gay, bisexual, or transgender-owned business, and that are disability-owned businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses and, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses in connection with proposed purchases and contracts. In its reports, the department shall include only amounts paid to businesses certified by the department of safety and professional services [department of administration] as minority businesses or disabled veteran-owned businesses.

AB68-SSA1,1521 Section 1521. 84.11 (4) of the statutes is amended to read:

AB68-SSA1,759,23 84.11 (4) Finding, determination, and order. After such hearing the department shall make such investigation as it considers necessary in order to make a decision in the matter. If the department finds that the construction is necessary it shall determine the location of the project and whether the project is eligible for construction under this section. The department shall also determine the character and kind of bridge most suitable for such location and estimate separately the cost of the bridge portion and the entire project. The department shall make its finding, determination, and order, in writing, and file a certified copy thereof with the clerk of each county, city, village, and town in which any portion of the bridge project will be located and also with the secretary of state and the secretary of administration. The determination of the location of the project made by the department and set forth in its finding, determination, and order shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of highways made necessary for the construction of the project and for acquirement of any lands necessary for such streets or highways, relocation or construction. The estimate of cost made by the department shall be conclusive insofar as cost may determine eligibility of construction under this section.

AB68-SSA1,1522 Section 1522. 84.12 (4) of the statutes is amended to read:

AB68-SSA1,760,20 84.12 (4) Finding, determination, and order. If the department finds that the construction is necessary, and that provision has been made or will be made by the adjoining state or its subdivisions to bear its or their portions of the cost of the project, the department, in cooperation with the state highway department of the adjoining state, shall determine the location thereof, the character and kind of bridge and other construction most suitable at such location, estimate the cost of the project, and determine the respective portions of the estimated cost to be paid by each state and its subdivisions. In the case of projects eligible to construction under sub. (1) (a) the department shall further determine the respective portions of the cost to be paid by this state and by its subdivisions which are required to pay portions of the cost. The department, after such hearing, investigation, and negotiations, shall make its finding, determination, and order in writing and file a certified copy thereof with the clerk of each county, city, village, or town in this state in which any part of the bridge project will be located, with the secretary of state, and the secretary of administration and with the state highway department of the adjoining state. The determination of the location set forth in the finding, determination, and order of the department shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of the highways made necessary for the construction of the project and for acquiring lands necessary for such streets or highways, relocation or construction.

AB68-SSA1,1523 Section 1523 . 84.41 (3) of the statutes is created to read:

AB68-SSA1,761,2 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.

AB68-SSA1,1524 Section 1524 . 84.54 of the statutes is repealed.

AB68-SSA1,1525 Section 1525. 84.555 (1m) of the statutes is amended to read:

AB68-SSA1,761,17 84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014, the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) and (uuv) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014, for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1. 1m., for the reconstruction of the Zoo interchange, as defined in s. 84.014 (5m) (ag) 2., for the reconstruction of the I 94 east-west corridor, as defined in s. 84.014 (5m) (ag) 1e., for southeast Wisconsin freeway megaprojects under s. 84.0145, and for high-cost state highway bridge projects under s. 84.017, and the proceeds of general obligation bonds issued under s. 20.866 (2) (uur) and (uuv) may be used to fund expenditure obligations for southeast Wisconsin freeway megaprojects under s. 84.0145.

AB68-SSA1,1526 Section 1526. 84.56 of the statutes is amended to read:

AB68-SSA1,761,22 84.56 Additional funding for major highway projects. Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uus) and (uuv).

AB68-SSA1,1527 Section 1527. 84.57 (1) of the statutes is amended to read:

AB68-SSA1,762,2 84.57 (1) Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and subject to sub. (2), state highway rehabilitation projects for the purposes specified in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut) and (uuv).

AB68-SSA1,1528 Section 1528. 84.59 (6) of the statutes is amended to read:

AB68-SSA1,762,23 84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $4,055,372,900 $4,359,650,700, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section up to $142,254,600, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limits on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

AB68-SSA1,1529 Section 1529. 85.0215 of the statutes is created to read:

AB68-SSA1,762,25 85.0215 Local supplement. (1) In this section:

AB68-SSA1,763,3 (a) “Eligible applicant” means a city, village, town, county, or federally recognized American Indian tribe or band in this state or a combination of these or an eligible entity, as defined under 23 USC 133 (h) (4) (B).

AB68-SSA1,763,5 (b) “Eligible project” means a project eligible for funding under s. 84.12, 84.16, 84.18, or 86.31 (3) or (3t) or 23 USC 133 (h) (3).

AB68-SSA1,763,9 (2) Funds provided under s. 20.395 (2) (fq) shall be distributed under this subsection as discretionary grants to reimburse eligible applicants for eligible projects. The department shall solicit and provide discretionary grants under this section until all funds appropriated under s. 20.395 (2) (fq) have been expended.

AB68-SSA1,1530 Section 1530. 85.09 (2) (a) of the statutes is amended to read:

AB68-SSA1,764,15 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05, except that the power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a). In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

AB68-SSA1,1531 Section 1531 . 85.093 of the statutes is renumbered 85.093 (2) and amended to read:

AB68-SSA1,764,20 85.093 (2) The Subject to sub. (3), the department may make grants to public or private applicants for intermodal freight facilities that the department determines have a public purpose.