Amendment SSA1-AB68

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.

AB68-SSA1,764,23 (4) In the 2019-21 fiscal biennium, a grant made under this section shall be paid from the appropriation under s. 20.395 (2) (bu). After July 1, 2021, a grant made under this section shall be paid from the appropriation under s. 20.866 (2) (uw).

AB68-SSA1,764,25 (5) For the 2019-21 fiscal biennium, grants under this section cannot exceed $1,500,000.

AB68-SSA1,1532 Section 1532. 85.093 (1) of the statutes is created to read:

AB68-SSA1,765,13 85.093 (1) The legislature finds and determines that intermodal freight facilities provide a vital connection between the freight rail industry and harbors and the commercial trucking industry in this state by allowing for the efficient movement of goods and supplies. The legislature further finds and determines that these facilities boost economic development and connect citizens of the state with products from across the world, and that supporting these facilities and thereby preserving and improving the development of freight rail service in the state are statewide responsibilities of statewide dimension. The legislature further finds that private capital and local government financial and technical resources are unable to fully meet the transportation and infrastructure needs of the state. It is therefore in the public interest, and it is the public policy of this state, to support the development of intermodal freight facilities through grants awarded under sub. (2).

AB68-SSA1,1533 Section 1533 . 85.093 (3) of the statutes is created to read:

AB68-SSA1,765,24 85.093 (3) The department may not make a grant under this section 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 the department. If, without the approval of the department, intermodal freight service is discontinued or inadequate at the facility or the grantee disposes of any portion of the facility, the intermodal freight facility for which financial assistance was provided under this section shall transfer to the ownership and control of the department. The department may elect to accept repayment from the grantee of the full amount of all grants received from the department for the facility in lieu of transfer under this subsection.

AB68-SSA1,1534 Section 1534. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB68-SSA1,766,10 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $64,193,900 for aid payable for calendar years 2015 to 2019 and $65,477,800 for aid payable for calendar year years 2020 and 2021, $67,114,700 for calendar year 2022, and $68,792,600 for calendar year 2023 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB68-SSA1,1535 Section 1535. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB68-SSA1,766,21 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,868,000 for aid payable for calendar years 2015 to 2019 and $17,205,400 for aid payable for calendar year years 2020 and 2021, $17,635,500 for calendar year 2022, and $18,076,400 for calendar year 2023 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB68-SSA1,1536 Section 1536. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB68-SSA1,767,3 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,486,700 in calendar years 2015 to 2019 and $24,976,400 in calendar year years 2020 and 2021, $25,600,800 in calendar year 2022, and $26,240,800 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68-SSA1,1537 Section 1537. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB68-SSA1,767,10 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,188,900 in calendar years 2015 to 2019 and $5,292,700 in calendar year years 2020 and 2021, $5,425,000 in calendar year 2022, and $5,560,600 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68-SSA1,1538 Section 1538. 85.203 of the statutes is created to read:

AB68-SSA1,767,12 85.203 Transit capital assistance grants. (1) In this section:

AB68-SSA1,767,13 (a) “Eligible applicant" has the meaning given in s. 85.20 (1) (b).

AB68-SSA1,767,16 (b) “Public transit vehicle" means any vehicle used for providing transportation service to the general public that is eligible for replacement under settlement guidelines, as defined in s. 16.047 (1) (b).

AB68-SSA1,767,20 (2) The department shall administer a transit capital assistance grant program. From the appropriation under s. 20.395 (1) (bt), the department shall award grants to eligible applicants for the replacement of public transit vehicles. The department shall establish criteria for awarding grants under this section.

AB68-SSA1,1539 Section 1539. 85.215 of the statutes is amended to read:

AB68-SSA1,768,4 85.215 Tribal elderly transportation grant program. The department shall award grants to federally recognized American Indian tribes or bands to assist in providing transportation services for elderly persons. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (1) (ck) (ct). The department shall prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The department shall establish criteria for evaluating applications and for awarding grants under this section.

AB68-SSA1,1540 Section 1540. 85.25 (2) (c) 2m. of the statutes is amended to read:

AB68-SSA1,768,7 85.25 (2) (c) 2m. A disabled veteran-owned business, as defined in s. 84.075 (1c) (a) (ah).

AB68-SSA1,1541 Section 1541. 85.25 (2) (c) 3. of the statutes is created to read:

AB68-SSA1,768,10 85.25 (2) (c) 3. A lesbian, gay, bisexual, or transgender-owned business certified by the department of administration under s. 16.288 (3).

AB68-SSA1,1542 Section 1542. 85.25 (2) (c) 4. of the statutes is created to read:

AB68-SSA1,768,13 85.25 (2) (c) 4. A disability-owned business certified by the department of administration under s. 16.289 (3).

AB68-SSA1,1543 Section 1543 . 85.53 of the statutes is created to read:

AB68-SSA1,768,24 85.53 Electric vehicle infrastructure program. (1) The legislature finds and determines that the use of electric vehicles benefits all residents of the state. The legislature further finds and determines that current infrastructure supporting the use of electric vehicles in Wisconsin is insufficient and that the funding of projects authorized under this section is therefore a valid governmental function serving a proper public purpose. The legislature finds that private capital and local government financial and technical resources are unable to fully meet the transportation and infrastructure needs of the state. It is the intent of this section to promote the public good by improving the accessibility of the state for electric vehicles.

AB68-SSA1,769,2 (2) The department shall develop and administer an electric vehicle infrastructure program.

AB68-SSA1,769,6 (3) From the appropriation under s. 20.866 (2) (usd), the department shall provide funding for electric vehicle infrastructure projects. The department, in consultation with the department of administration, shall determine appropriate locations for electric vehicle infrastructure projects under this section.

AB68-SSA1,1544 Section 1544 . 85.61 (1) of the statutes is amended to read:

AB68-SSA1,769,18 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the commission on a continuous basis, no less often than weekly.

AB68-SSA1,1545 Section 1545. 86.195 (2) (ag) 4. of the statutes is amended to read:

AB68-SSA1,769,21 86.195 (2) (ag) 4. STH 11 from STH 81 CTH “N” west of Monroe to I 43 STH 50 at Delavan.

AB68-SSA1,1546 Section 1546. 86.195 (2) (ag) 7. of the statutes is amended to read:

AB68-SSA1,769,24 86.195 (2) (ag) 7. STH 16 from STH 67 at Wisconsin Avenue west of Oconomowoc to I 94 at Waukesha.

AB68-SSA1,1547 Section 1547. 86.195 (2) (ag) 8. of the statutes is amended to read:

AB68-SSA1,770,3 86.195 (2) (ag) 8. STH 21 from I 94 north of Tomah to CTH “Z" in the town of Strongs Prairie in Adams County and from STH 13 north of the village of Friendship in Adams County to USH I 41 at Oshkosh.

AB68-SSA1,1548 Section 1548. 86.195 (2) (ag) 11. of the statutes is amended to read:

AB68-SSA1,770,6 86.195 (2) (ag) 11. STH 29 from USH I 41 at Green Bay to I 94 west northwest of Elk Mound.

AB68-SSA1,1549 Section 1549. 86.195 (2) (ag) 12. of the statutes is amended to read:

AB68-SSA1,770,9 86.195 (2) (ag) 12. STH 33 from USH I 41 at Allenton to STH 32 at Port Washington.

AB68-SSA1,1550 Section 1550. 86.195 (2) (ag) 13. of the statutes is amended to read: