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February 11, 2020 - Introduced by Law Revision Committee. Referred to
Committee on Rules.
AB885,1,6 1An Act to renumber and amend 85.093; to amend 13.48 (20m) (c); and to
2create
13.48 (20m) (d), 85.093 (1) and 85.093 (3) of the statutes; relating to:
3the intermodal freight assistance program and a grant to the Incourage
4Community Foundation for the construction of an economic development and
5community hub (suggested as remedial legislation by the Department of
6Administration).
Analysis by the Legislative Reference Bureau
Incourage Community Foundation grant
Under current law, the Building Commission may authorize up to $25,000,000
in general fund supported borrowing to assist construction of projects having a public
purpose. This bill authorizes the Building Commission to use that borrowing
authority to award a grant of up to $3,000,000 to the Incourage Community
Foundation to assist in the construction of an economic and community hub in the
city of Wisconsin Rapids.
Intermodal freight assistance program
Current law authorizes the Department of Transportation to make grants to
public or private applicants for intermodal freight facilities that the department
determines have a public purpose. This 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.
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Administration and introduced by the Law
Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration of
the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB885,1 1Section 1. 13.48 (20m) (c) of the statutes, as created by 2019 Wisconsin Act 9,
2is amended to read:
AB885,2,53 13.48 (20m) (c) The building commission may authorize up to $25,000,000 in
4general fund supported borrowing under par. (b), including up to $3,000,000 for the
5project described in par. (d)
.
AB885,2 6Section 2 . 13.48 (20m) (d) of the statutes is created to read:
AB885,2,147 13.48 (20m) (d) 1. The legislature finds and determines that supporting
8entrepreneurs and innovators, providing facilities for job training, and promoting
9dynamic community revitalization and development are of vital importance in
10creating jobs and contributing to economic development and tourism in this state
11and are statewide responsibilities of statewide dimension. It is therefore in the
12public interest, and it is the public policy of this state, to assist the Incourage
13Community Foundation, Inc., in redeveloping the former Daily Tribune building in
14the city of Wisconsin Rapids into an economic and community hub.
AB885,3,515 2. The building commission may under this subsection assist the Incourage
16Community Foundation, Inc., in redeveloping the former Daily Tribune building in
17the city of Wisconsin Rapids into an economic and community hub. The state funding

1commitment shall be in the form of a grant to the Incourage Community Foundation,
2Inc. Before approving any state funding commitment for redeveloping the former
3Daily Tribune building, the building commission shall determine that the Incourage
4Community Foundation, Inc., has secured additional funding for the project from
5nonstate revenue sources at least equal to the state's grant.
AB885,3,106 3. If the building commission authorizes a grant to the Incourage Community
7Foundation, Inc., under subd. 2., and if, for any reason, the facility that is
8redeveloped with funds from the grant is not used for an economic and community
9hub, the state shall retain an ownership interest in the facility equal to the amount
10of the state's grant.
Note: This Section provides a legislative determination of public purpose for a
grant to Incourage Community Foundation, Inc., for redevelopment of the Daily Tribune
building into an economic and community hub, which was authorized under 2019
Wisconsin Act 9
(biennial budget). The Section also provides the state with an ownership
interest in the facility up to the amount of the state grant, if the facility is not used for
its stated purpose.
AB885,3 11Section 3 . 85.093 of the statutes, as created by 2019 Wisconsin Act 9, is
12renumbered 85.093 (2) and amended to read:
AB885,3,1513 85.093 (2) The Subject to sub. (3), the department may make grants to public
14or private applicants for intermodal freight facilities that the department
15determines have a public purpose
.
AB885,3,18 16(4) In the 2019-21 fiscal biennium, a grant made under this section shall be
17paid from the appropriation under s. 20.395 (2) (bu). After July 1, 2021, a grant made
18under this section shall be paid from the appropriation under s. 20.866 (2) (uw).
AB885,3,20 19(5) For the 2019-21 fiscal biennium, grants under this section cannot exceed
20$1,500,000.
AB885,4 21Section 4 . 85.093 (1) of the statutes is created to read:
AB885,4,12
185.093 (1) The legislature finds and determines that intermodal freight
2facilities provide a vital connection between the freight rail industry and harbors and
3the commercial trucking industry in this state by allowing for the efficient movement
4of goods and supplies. The legislature further finds and determines that these
5facilities boost economic development and connect citizens of the state with products
6from across the world, and that supporting these facilities and thereby preserving
7and improving the development of freight rail service in the state are statewide
8responsibilities of statewide dimension. The legislature further finds that private
9capital and local government financial and technical resources are unable to fully
10meet the transportation and infrastructure needs of the state. It is therefore in the
11public interest, and it is the public policy of this state, to support the development
12of intermodal freight facilities through grants awarded under sub. (2).
Note: This Section provides a legislative determination of public purpose for
grants to public or private applicants for intermodal freight facilities, which were
authorized under the biennial budget.
AB885,5 13Section 5 . 85.093 (3) of the statutes is created to read:
AB885,4,2314 85.093 (3) The department may not make a grant under this section unless the
15grantee agrees to provide adequate intermodal freight services at the facility funded
16by the grant, subject to remedial transfer of the facility to the department. If, without
17the approval of the department, intermodal freight service is discontinued or
18inadequate at the facility or the grantee disposes of any portion of the facility, the
19intermodal freight facility for which financial assistance was provided under this
20section shall transfer to the ownership and control of the department. The
21department may elect to accept repayment from the grantee of the full amount of all
22grants received from the department for the facility in lieu of transfer under this
23subsection.

Note: This Section provides a state reversionary interest in the private
intermodal facilities constructed with grant funds, if the facility no longer provides
intermodal freight service.
AB885,5,11 (End)
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