AB68: Bill Text

Under the bill, with several exceptions, DOT must ensure that bikeways and pedestrian ways are established in all new highway construction and reconstruction projects funded from state or federal funds and must promulgate rules identifying certain exceptions to the requirement.

Transportation revenue bonds

Under current law, the Building Commission may issue revenue bonds for major highway projects and transportation administrative facilities in a principal amount that may not exceed $4,055,372,900. The bill increases the revenue bond limit to $4,359,650,700, an increase of $304,277,800.

Also, under a separate authorization, the Building Commission may issue revenue bonds for major highway projects and transportation administrative facilities in a principal amount that may not exceed $142,254,600. The bill eliminates this separate authorization.

State highway rehabilitation bonding

Under current law, state highway rehabilitation projects may be funded from various sources, including bond proceeds. Various provisions of current law authorize specific maximum levels of general obligation bonding for these projects and the total authorized amount of general obligation bonding available for these projects is the cumulative amount specified in all of these provisions. Under one of these provisions of current law, the state may contract up to $141,000,000 in public debt to fund state highway rehabilitation projects. The bill increases this authorized general obligation bonding limit by $278,500,000 to $419,500,000.

Design-build project bonding

Under current law, the design and construction of highway projects are generally two distinct phases. Under this method, often referred to as “design-bid-build,” DOT has broad authority to accomplish the design of a project. The construction of a project must be executed by contract based on bids, with DOT awarding the contract to the lowest responsible bidder. Alternatively, DOT may use the “design-build” method, under which design, engineering, construction, and related services are procured through a single contract with a single entity capable of providing the services.

Under current law, state highway rehabilitation projects, major highway projects, and southeast Wisconsin freeway megaprojects may be funded from various sources, including bond proceeds. The bill provides that the state may contract up to $20,000,000 in public debt to fund state highway rehabilitation projects, major highway projects, and southeast Wisconsin freeway megaprojects that are delivered using the design-build method.

Transportation project requirements

Under current law, for certain highway projects for which DOT spends federal money, federal money must make up at least 70 percent of the funding for those projects. DOT is required to notify political subdivisions receiving aid for local projects whether the aid includes federal moneys and how those moneys must be spent. For certain projects that receive no federal money, DOT may not require political subdivisions to comply with any portion of DOT's facilities development manual other than design standards. Any local project funded with state funds under the surface transportation program or the local bridge program must be let through competitive bidding and by contract to the lowest responsible bidder. The bill repeals all of these requirements.

Specific information signs

The bill makes numerous changes to the specific information sign program administered by DOT, under which DOT erects and maintains signs to direct motorists to services located near certain highways.

Under current law, DOT may not authorize the erection of specific information signs along a highway unless the highway is enumerated by the legislature. The bill makes numerous changes to existing enumerations to reflect highway construction and designation changes. The bill also enumerates two new highway segments.

Under current law, the annual permit fee for inclusion on a specific information sign is $40. The bill increases the fee to $80. Current law specifies the design of specific information signs and provides that signs may be illuminated. The bill eliminates the reference to sign illumination.

Under current law, to be included on a specific information sign for the “FOOD” category, a business must operate at least five days a week and be open, at a minimum, from 10 a.m. to 7 p.m. The bill eliminates the hours-of-service requirement.

Current law provides that no more than four specific information signs for each category of motorist service may be erected along an approach to an interchange or intersection. The bill removes the specific limit on the number of allowable signs and instead provides that the number may not exceed the number allowed under the federal Manual on Uniform Traffic Control Devices for Streets and Highways adopted by DOT.

Electric vehicle infrastructure program

The bill establishes an electric vehicle infrastructure program within DOT. Under the program, DOT provides funding for electric vehicle infrastructure projects. DOT, in consultation with DOA, determines appropriate locations for such projects. The bill also authorizes the issuance of $5,000,000 in public debt for the purpose of funding projects under this program.

Ray Nitschke Memorial Bridge

The bill requires DOT, in the 2021-22 fiscal year, to set aside $1,200,000 of the amounts appropriated to DOT for bridge development, construction, and rehabilitation for repairs to the Ray Nitschke Memorial Bridge in Brown County.

Improvements to the interchange of I 94 and Moorland Road

The bill requires DOT, in the 2021-23 fiscal biennium, to allocate $1,750,000 for the construction of geometric improvements to improve the safety of the interchange of I 94 and Moorland Road in Waukesha County.

Thresholds for certain contracts requiring gubernatorial approval

Current law requires gubernatorial approval of certain DOT contracts involving expenditures over specified thresholds. The bill increases these thresholds as follows:

1. Engagement of engineering or related services, from $3,000 to $100,000.

2. Contracts for highway improvement, from $1,000 to $250,000.

3. Non-bid contracts with counties for highway improvements, from $5,000 to $100,000.

4. Non-bid contracts with railroads or public utilities for highway improvements, from $5,000 to $100,000.

5. Emergency non-bid contracts for highway improvements, from $10,000 to $100,000.

Transportation aids

General transportation aids

The bill increases the amount of aid DOT may provide to counties and municipalities under the general transportation aids program. Under current law, DOT makes aid payments to counties based on a share-of-costs formula and to municipalities based on the greater of a share-of-costs formula or an aid rate per mile. Under the bill, the aid rate per mile is increased to $2,681 for calendar year 2022 and $2,734 for calendar year 2023 and thereafter. The maximum amount of aid that may be paid to counties under the program is increased to $124,647,300 for calendar year 2022 and $127,140,200 for calendar year 2023 and thereafter. The maximum amount of aid that may be paid to municipalities under the program is increased to $391,173,300 for calendar year 2022 and $398,996,800 for calendar year 2023 and thereafter.

Penalty for late submission of reports related to general transportation aids

Under the general transportation aids program, counties and municipalities with a population of 25,000 or more are required to file certain financial reports with DOR by July 31 each year. If a county or municipality fails to file the necessary reports by the deadline, but does file the reports within 30 days after the deadline, the amount of aid payable to that county or municipality for the following year is reduced by 1 percent for each day late, up to a maximum 10 percent reduction. If a county or municipality fails to file the necessary reports within 30 days of the deadline, the amount of aid payable to that county or municipality for the following year is reduced by 10 percent.

Under the bill, if a county or municipality fails to file the necessary reports by the specified deadline, but does provide the reports within 30 days after the deadline, the amount of aid payable to the county or municipality may not be reduced by more than $100 for each day that the necessary reports are late.

Mass transit aids amounts

Under current law, DOT provides state aid payments to local public bodies in urban areas served by mass transit systems to assist the local public bodies with the expenses of operating those systems. There are five classes of mass transit systems, and the total amount of state aid payments to four of these classes is limited to a specified amount in each calendar year. The fifth class consists of certain commuter or light rail systems, and no state aid amounts are specified for this class.

The bill increases the total amount of state aid payments to the four classes of mass transit systems for which state aid amounts are specified as follows:

1. For mass transit systems having annual operating expenses of $80,000,000 or more, the bill maintains the current limit of $65,477,800 in calendar year 2021 and increases the limit to $67,114,700 in calendar year 2022 and $68,792,600 in calendar year 2023 and thereafter.

2. For mass transit systems having annual operating expenses of over $20,000,000 but less than $80,000,000, the bill maintains the current limit of $17,205,400 in calendar year 2021 and increases the limit to $17,635,500 in calendar year 2022 and $18,076,400 in calendar year 2023 and thereafter.

3. For mass transit systems serving urban areas having a population of at least 50,000 but having annual operating expenses of no more than $20,000,000, the bill maintains the current limit of $24,976,400 in calendar year 2021 and increases the limit to $25,600,800 in calendar year 2022 and $26,240,800 in calendar year 2023 and thereafter.

4. For mass transit systems serving urban areas having a population of less than 50,000, the bill maintains the current limit of $5,292,700 in calendar year 2021 and increases the limit to $5,425,000 in calendar year 2022 and $5,560,600 in calendar year 2023 and thereafter.

Transit capital assistance grants

The bill requires DOT to establish a transit capital assistance grant program, under which DOT awards grants to eligible applicants for the replacement of public transit vehicles.

Local infrastructure grant program

The bill establishes a local road aids for critical infrastructure grant program within the DOT. Under the program, DOT makes grants to political subdivisions for the reconstruction to a higher standard durability of a culvert or bridge. Bridges and culverts eligible for grants under the program must be owned by the political subdivision and must be at risk of being damaged by future extreme storm water events. Grants under the program may cover up to 50 percent of the cost of the reconstruction project. The bill also authorizes the issuance of $15,000,000 in public debt for the purpose of making grants under this program.

Local supplement grant program

The bill creates a local supplement grant program under which DOT provides discretionary grants to political subdivisions for projects related to bridge construction or reconstruction or local road improvement or to local governments for projects related to transportation alternatives, including construction of pedestrian and bicycle facilities and environmental mitigation of highway construction.

Tribal elderly transportation grants

Current law requires DOA to transfer a portion of Indian gaming receipts to a DOT appropriation that funds tribal elderly transportation grants. The bill eliminates the requirement to make this transfer and replaces the DOT appropriation that funds tribal elderly transportation grants using transferred Indian gaming receipts with an appropriation from the transportation fund.

Town of Milton project

The bill requires DOT to award a grant of $75,000 to the town of Milton in Rock County for the Clear Lake Road project.

Rail and air transportation

Freight rail preservation bonding

Under current law, the state may contract up to $280,300,000 in public debt for DOT to acquire railroad property and to provide grants and loans for railroad property acquisition and improvement. The bill increases the authorized general obligation bonding limit for these purposes by $20,000,000 to $300,300,000.

Airport sound mitigation grant program

The bill requires DOT to develop and administer an airport sound mitigation grant program. Under the program, DOT must award grants for projects that mitigate the impact of airport sound on structures located near airports that include a military base or installation. DOT is required to give highest priority in awarding these grants to projects involving schools and child care centers and secondary priority to projects involving private residences.

General transportation

Collection of data from traffic stops

The bill requires a law enforcement agency to collect the following information concerning motor vehicle stops made on or after January 1, 2022: 1) the name, address, gender, and race of the operator of the motor vehicle, with the officer subjectively determining the person's race as being Caucasian, Black or African American, Hispanic, American Indian or Alaska Native, or Asian or Pacific Islander; 2) the reason for the motor vehicle stop; 3) the make and year of the motor vehicle; 4) the date, time, and location of the motor vehicle stop; 5) whether or not a law enforcement officer conducted a search of the motor vehicle, the operator, or any passenger and, if so, whether the search was with consent or by other means; 6) the name, address, gender, and race of any person searched; and 7) the name and badge number of the officer making the motor vehicle stop.

The information that is collected under the bill concerning motor vehicle stops is not subject to inspection or copying as a public record. The information, however, must be forwarded to DOJ, which must then compile and analyze it, along with any other relevant information, to determine, both for the state as a whole and for each law enforcement agency, whether the number of stops and searches involving motor vehicles operated or occupied by members of a racial minority are disproportionate compared to the number of stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.

Harbor assistance bonding

Under current law, the state may contract up to $152,000,000 in public debt for DOT to provide local grants for harbor assistance and for harbor improvements such as dock wall repair and maintenance, construction of new dock walls, dredging of materials from a harbor, or the placement of dredged materials in containment facilities. The bill increases the authorized general obligation bonding limit for these purposes by $15,300,000 to $167,300,000.

Intermodal freight assistance program

Current law authorizes DOT to make grants to public or private applicants for intermodal freight facilities that the department determines have a public purpose. The bill provides that DOT may not make such a grant unless the grantee agrees to provide adequate intermodal freight services at the facility funded by the grant, subject to remedial transfer of the facility to DOT. The bill also states that the program has a public purpose.

veterans

Veterans service officer grants

Under current law, DVA is required to annually award a grant to counties that employ a full-time county veterans service officer. The grants are awarded for the purpose of improving a county's services to veterans. The amount of each grant is as follows: $8,500 for a county with a population of less than 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999, and $13,000 for a county with a population of 75,000 or more. Counties that employ a part-time county veterans service officer are eligible to receive an annual grant not exceeding $500. DVA may also make annual grants not to exceed $15,000 to the governing bodies of federally recognized American Indian tribes and bands if the tribal governing body appoints a tribal veterans service officer. The bill increases the amount of each of these grants by 5 percent.

Veterans outreach and recovery program

Under current law, DVA administers a program to provide outreach, mental health services, and support to veterans who reside in the state who have a mental health condition or substance use disorder. The bill directs DVA to spend at least $100,000 annually under the program to promote suicide prevention and awareness by providing services to individuals who are members of a traditionally underserved population, including minority groups and individuals who reside in rural areas of the state.

Hire Heroes program

Under current law, DWD administers the Hire Heroes program that provides transitional jobs to veterans and reimburses employers of veterans for wages and other related costs. In order for a veteran to be eligible to participate in the program, he or she must be a DVA-certified veteran, be at least 18 years old, be ineligible to participate in the Wisconsin Works program, be unemployed for at least four weeks, and satisfy any applicable substance abuse screening, testing, and treatment. Prospective program participants must also submit an application to the program no later than seven years after the date of discharge from military service. The bill removes the seven-year limit on when veterans may submit an application to the program.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

Because this bill may increase or decrease, directly or indirectly, the cost of the development, construction, financing, purchasing, sale, ownership, or availability of housing in this state, the Department of Administration, as required by law, will prepare a report to be printed as an appendix to this bill.

This proposal may contain a health insurance mandate requiring a social and financial impact report under s. 601.423, stats.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB68,1 Section 1. 1.031 of the statutes is amended to read:

AB68,193,7 1.031 Retrocession of jurisdiction. The governor may accept on behalf of the state, retrocession of full or partial jurisdiction over any roads, highways or other lands in federal enclaves within the state where such retrocession has been offered by appropriate federal authority. Documents concerning such action shall be filed in the office of the secretary of state administration and recorded in the office of the register of deeds of the county wherein such lands are located.

AB68,2 Section 2. 5.02 (6m) (f) of the statutes is amended to read:

AB68,193,17 5.02 (6m) (f) An unexpired identification card issued by a university or college in this state that is accredited, as defined in s. 39.30 (1) (d), or by a technical college in this state that is a member of and governed by the technical college system under ch. 38, that contains the date of issuance and signature of the individual to whom it is issued and that contains an expiration date indicating that the card expires no later than 2 years after the date of issuance if the individual establishes, except that if the identification card is expired the individual shall establish that he or she is enrolled as a student at the university or college on the date that the card is presented.

AB68,3 Section 3 . 5.02 (20) of the statutes is amended to read:

AB68,194,5 5.02 (20) “Special primary" means the primary held 4 weeks before the special election, except as provided in s. 8.50 (4m) and except when the special election is held on the same day as the general election the special primary shall be held on the same day as the general primary or if the special election is held concurrently with the spring election, the primary shall be held concurrently with the spring primary.

AB68,4 Section 4 . 5.02 (22) of the statutes is amended to read:

AB68,194,10 5.02 (22) “Spring primary" means the nonpartisan primary held on the 3rd Tuesday in February to nominate nonpartisan candidates to be voted for at the spring election and partisan candidates to be voted for at a special election under s. 8.50 (4m).