AB43: Bill Text

AB43,,4326 (b) 1. In this paragraph, “maximum allowable increase” in any year means a percentage such that the sum for all municipalities or counties respectively in that year of the excess of payments under this section and s. 79.035 over the payments as limited by the maximum allowable increase is equal to the sum of the aids deficiencies under par. (a) in that year.

AB43,,4327 2. Beginning with the distribution in 2025, if the payments to a municipality or county in any year exceed its total payments under this section and s. 79.035 in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under par. (a) 2.

AB43,,4328 (5) No county or municipality may receive a payment under this section for any year in which it fails to submit to the department the information required under s. 73.10. If a county or municipality does not submit the required information, or submits incomplete information, the department shall notify the county or municipality and give the county or municipality a reasonable opportunity to submit the information or correct the deficiency.

AB43,1659 Section 1659. 79.04 (8) of the statutes is created to read:

AB43,,4330 79.04 (8) Annually, the department of administration, upon certification by the department of revenue, shall distribute a payment from the public utility account to each municipality and county in which an energy storage facility with a name-plate capacity of at least one megawatt is located. If the energy storage facility is located in a city or village, the city or village receives a payment equal to 6 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000 and the county in which the energy storage facility is located receives a payment equal to 3 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000. If the energy storage facility is located in a town, the town receives a payment equal to 3 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000 and the county in which the energy storage facility is located receives a payment equal to 6 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000.

AB43,1660 Section 1660. 79.04 (9) of the statutes is created to read:

AB43,,4332 79.04 (9) Annually, the department of administration, upon certification by the department of revenue, shall distribute a payment from the public utility account to each municipality and county in which qualified electric vehicle charging infrastructure is located. If the qualified electric vehicle charging infrastructure is located in a city or village, the city or village receives a payment equal to 6 mills multiplied by the value of the qualified electric vehicle charging infrastructure and the county in which the city or village is located receives a payment equal to 3 mills multiplied by the value of the qualified electric vehicle charging infrastructure. If the electric vehicle charging infrastructure is located in a town, the town receives a payment equal to 3 mills multiplied by the value of the qualified electric vehicle charging infrastructure and the county in which the town is located receives a payment equal to 6 mills multiplied by the value of the qualified electric vehicle charging infrastructure.

AB43,1661 Section 1661. 79.05 (2) (c) of the statutes is amended to read:

AB43,,4334 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., expenditures of payments due to the termination of a tax incremental district under s. 79.096 (3), 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, moneys received from the federal government, revenues from a municipal registration fee under s. 341.35 (1) that is approved by a majority of the electors in the municipality voting at a referendum, tax revenues resulting from a tax increase approved by a majority of the electors in the municipality voting at a referendum, 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., expenditures of payments due to the termination of a tax incremental district under s. 79.096 (3), 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, moneys received from the federal government, revenues from a municipal registration fee under s. 341.35 (1) that is approved by a majority of the electors in the municipality voting at a referendum, tax revenues resulting from a tax increase approved by a majority of the electors in the municipality voting at a referendum, 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.

AB43,1662 Section 1662. 79.095 (3) of the statutes is amended to read:

AB43,,4336 79.095 (3) Review by department. The department shall adjust each rate reported under sub. (2) (b) to a full-value rate. The department shall review and correct the information submitted under sub. (2) (a), shall determine the full value of all of the property reported under sub. (2) (a) and of all the property under s. 70.995 (12r) and, on or before October 1, shall notify each taxing jurisdiction of the full value of the property that is exempt under s. 70.11 (39) and (39m) and that is located in the jurisdiction. The department shall adjust the full value that is reported to taxing jurisdictions under this subsection in the year after an error occurs or a value has been changed due to an appeal. All disputes between the department and municipalities about the value of the property reported under sub. (2) (a) or of the property under s. 70.995 (12r) shall be resolved by using the procedures under s. 70.995 (8).

AB43,1663 Section 1663. 79.095 (4) (c) of the statutes is amended to read:

AB43,,4338 79.095 (4) (c) The department shall certify the amount of the payment due each taxing jurisdiction to the department of administration, which shall make the payments on or before the 4th first Monday in July. For purposes of ch. 121, school districts shall treat the payments made in July under this subsection as if they had been received in the previous school year May.

AB43,1664 Section 1664. 79.096 (1) of the statutes is renumbered 79.096 (1) (a).

AB43,1665 Section 1665. 79.096 (1) (b) of the statutes is created to read:

AB43,,4341 79.096 (1) (b) Beginning in 2025, the department of administration shall pay to each taxing jurisdiction, as defined in s. 79.095 (1) (c), an amount equal to the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023. Beginning in 2026, and each year thereafter, the amount distributed to the taxing jurisdiction in the previous year will be multiplied by one plus the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30, except that the percentage under this paragraph shall not be less than zero.

AB43,1666 Section 1666. 79.096 (2) (a) of the statutes is renumbered 79.096 (2) (a) (intro.) and amended to read:

AB43,,4343 79.096 (2) (a) (intro.) Each municipality shall report to the department of revenue, in the time and manner determined by the department, the all of the following:

AB43,,4344 1. The amount of the property taxes levied on the items of personal property described under s. 70.111 (27) (b) for the property tax assessments as of January 1, 2017, on behalf of the municipality and on behalf of other taxing jurisdictions.

AB43,1667 Section 1667. 79.096 (2) (a) 2. of the statutes is created to read:

AB43,,4346 79.096 (2) (a) 2. The amount of the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023, on behalf of the municipality and on behalf of other taxing jurisdictions.

AB43,1668 Section 1668. 79.096 (2) (c) of the statutes is created to read:

AB43,,4348 79.096 (2) (c) If a municipality does not timely electronically file the report required by the department of revenue under par. (a), the following reductions will be made to the municipality’s personal property aid distributed under sub. (1) (b) in 2025:

AB43,,4349 1. Reduction of 50 percent, if not filed by June 30, 2024.

AB43,,4350 2. Forfeiture of the municipality’s aid under sub. (1) (b), if not filed by July 15, 2024.

AB43,1669 Section 1669. 79.096 (2) (d) of the statutes is created to read:

AB43,,4352 79.096 (2) (d) If a municipality does not electronically file the report required by the department of revenue under par. (a) by July 15, 2024, the department may use the best information available to calculate the aid to distribute under sub. (1) (b) in 2025 to the applicable taxing jurisdictions.

AB43,1670 Section 1670. 84.01 (35) (b) of the statutes is amended to read:

AB43,,4354 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.

AB43,1671 Section 1671. 84.01 (35) (c) of the statutes is created to read:

AB43,,4356 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:

AB43,,4357 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.

AB43,,4358 3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.

AB43,,4359 4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.

AB43,,4360 5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.

AB43,1672 Section 1672. 84.01 (35) (d) (intro.) and 2. of the statutes are repealed.

AB43,1673 Section 1673. 84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.

AB43,1674 Section 1674. 84.075 (title) of the statutes is amended to read:

AB43,,4364 84.075 (title) Contracting with minority businesses and; disabled; veteran-owned businesses; lesbian, gay, bisexual, or transgender-owned businesses; and disability-owned businesses.

AB43,1675 Section 1675. 84.075 (1c) (a) of the statutes is renumbered 84.075 (1c) (f) and amended to read:

AB43,,4366 84.075 (1c) (f) “Disabled veteran-owned Veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).

AB43,1676 Section 1676. 84.075 (1c) (ae) of the statutes is created to read:

AB43,,4368 84.075 (1c) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB43,1677 Section 1677. 84.075 (1c) (br) of the statutes is created to read:

AB43,,4370 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).

AB43,1678 Section 1678. 84.075 (1m) (b) of the statutes is amended to read:

AB43,,4372 84.075 (1m) (b) 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 disabled veteran-owned businesses. In attempting to meet this goal, the department may award any contract to a disabled veteran-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.

AB43,1679 Section 1679. 84.075 (1m) (bg) of the statutes is created to read:

AB43,,4374 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.

AB43,1680 Section 1680. 84.075 (1m) (br) of the statutes is created to read:

AB43,,4376 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.

AB43,1681 Section 1681. 84.075 (1m) (c) of the statutes is amended to read:

AB43,,4378 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, (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).

AB43,1682 Section 1682. 84.075 (2) of the statutes is amended to read:

AB43,,4380 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.

AB43,1683 Section 1683. 84.075 (3) of the statutes is amended to read:

AB43,,4382 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 businesses, 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 administration as minority businesses or disabled veteran-owned businesses.

AB43,1684 Section 1684. 84.41 (3) of the statutes is created to read:

AB43,,4384 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.

AB43,1685 Section 1685. 84.54 of the statutes is repealed.

AB43,1686 Section 1686. 84.59 (2) (c) of the statutes is created to read:

AB43,,4387 84.59 (2) (c) The department may, under s. 18.561 or 18.562, deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, the revenues derived under 2023 Wisconsin Act .... (this act), section 9244 (1). The revenues deposited are the trustee’s revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

AB43,1687 Section 1687. 84.59 (6) of the statutes is amended to read:

AB43,,4389 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 $4,493,600,000, 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 limit on principal amount, the building commission may contract revenue obligations under this section up to $128,258,200, 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.

AB43,1688 Section 1688. 85.024 of the statutes is created to read:

AB43,,4391 85.024 Local traffic calming grants. The department shall develop and administer a local traffic calming grant program. From the appropriation under s. 20.395 (2) (ja), the department shall award grants to counties, cities, villages, and towns for infrastructure projects that are eligible for funding under the federal transportation alternatives program and that are designed to reduce the speed of vehicular traffic. The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this section and shall establish criteria for evaluating applications and for awarding grants under this section.

AB43,1689 Section 1689. 85.064 (1) (b) of the statutes is amended to read:

AB43,,4393 85.064 (1) (b) “Political subdivision” means any city, village, town, county, or transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or transit authority created under s. 66.1039 within this state.

AB43,1690 Section 1690. 85.09 (2) (a) of the statutes is amended to read:

AB43,,4395 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.

AB43,1691 Section 1691. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB43,,4397 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $65,477,800 for aid payable for calendar years 2020 and 2021, $32,738,900 for calendar year 2022, and $65,477,800 for aid payable for calendar year 2023, $68,096,900 for calendar year 2024, and $70,820,800 for calendar year 2025 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.

AB43,1692 Section 1692. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB43,,4399 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $17,205,400 for aid payable for calendar years 2020 and 2021, $8,602,700 for calendar year 2022, and $17,205,400 for aid payable for calendar year 2023, $17,893,600 for calendar year 2024, and $18,609,400 for calendar year 2025 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.

AB43,1693 Section 1693. 85.203 of the statutes is created to read:

AB43,,4401 85.203 Transit capital assistance grants. (1) In this section:

AB43,,4402 (a) “Eligible applicant” has the meaning given in s. 85.20 (1) (b).

AB43,,4403 (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).

AB43,,4404 (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.

AB43,1694 Section 1694. 85.25 (2) (c) 2m. of the statutes is amended to read:

AB43,,4406 85.25 (2) (c) 2m. A disabled veteran-owned business, as defined in s. 84.075 (1c) (a) (f).

AB43,1695 Section 1695. 85.25 (2) (c) 3. of the statutes is created to read:

AB43,,4408 85.25 (2) (c) 3. A lesbian, gay, bisexual, or transgender-owned business certified by the department of administration under s. 16.288 (3).

AB43,1696 Section 1696. 85.25 (2) (c) 4. of the statutes is created to read:

AB43,,4410 85.25 (2) (c) 4. A disability-owned business certified by the department of administration under s. 16.289 (3).

AB43,1697 Section 1697. 85.53 of the statutes is created to read:

AB43,,4412 85.53 Electric vehicle infrastructure program. The department may establish and administer an electric vehicle infrastructure program. Under the program, the department may provide funding for electric vehicle infrastructure projects eligible for funding under state or federal law, including under the National Electric Vehicle Formula Program as provided in Division J, Title VIII, of P.L. 117-58. All funding under this section shall be from the appropriations under s. 20.395 (4) (fq), (fv), and (fx).

AB43,1698 Section 1698. 85.61 (1) of the statutes is amended to read:

AB43,,4414 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.