AB43: Bill Text

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 of the statutes are repealed.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.

AB43,1699 Section 1699. 86.16 (6) of the statutes is amended to read:

AB43,,4416 86.16 (6) If the department consents under sub. (1) to the construction of broadband infrastructure in underserved unserved areas, as designated under s. 196.504 (2) (d) (e), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.

AB43,1700 Section 1700. 86.19 (1) of the statutes is amended to read:

AB43,,4418 86.19 (1) Except as provided in sub. (1m), (1n), or (1o), or (1p) or s. 84.01 (30) (g), no sign shall be placed within the limits of any street or highway except such as are necessary for the guidance or warning of traffic or as provided by ss. 60.23 (17m) and 66.0429. The authorities charged with the maintenance of streets or highways shall cause the removal therefrom and the disposal of all other signs.

AB43,1701 Section 1701. 86.19 (1p) of the statutes is created to read:

AB43,,4420 86.19 (1p) (a) In this subsection, “tribal nation welcome sign” means an official sign erected and maintained by a federally recognized American Indian tribe or band in this state that the tribe or band determines is necessary to inform motorists of the territorial boundaries of the Indian reservation or other land held in trust for the tribe or band.

AB43,,4421 (b) A federally recognized American Indian tribe or band in this state may erect and maintain within the right-of-way of any highway within the boundaries of an Indian reservation or other land held in trust for the tribe or band a tribal nation welcome sign. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways. A sign placed under this subsection is not a traffic control device and is not subject to the provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e).

AB43,1702 Section 1702. 86.195 (5) (c) of the statutes is amended to read:

AB43,,4423 86.195 (5) (c) Conformity with discrimination laws. Each business identified as a motorist service on a specific information sign shall, as a condition of eligibility for erection, installation and maintenance of a sign under this section, give written assurance to the department that the business conforms with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex or, national origin, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB43,1703 Section 1703. 86.30 (2) (a) 3. of the statutes is amended to read:

AB43,,4425 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $2,628 in calendar years 2020 and 2021, $2,681 in calendar year 2022, and $2,734 in calendar year 2023, $2,843 in calendar year 2024, and $2,957 in calendar year 2025 and thereafter.

AB43,1704 Section 1704. 86.30 (9) (b) of the statutes is amended to read:

AB43,,4427 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $122,203,200 in calendar years 2020 and 2021, $124,647,300 in calendar year 2022, and $127,140,200 in calendar year 2023, $132,225,800 in calendar year 2024, and $137,514,800 in calendar year 2025 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

AB43,1705 Section 1705. 86.30 (9) (c) of the statutes is amended to read:

AB43,,4429 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $383,503,200 in calendar years 2020 and 2021, $391,173,300 in calendar year 2022, and $398,996,800 in calendar year 2023, $414,956,700 in calendar year 2024, and $431,555,000 in calendar year 2025 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

AB43,1706 Section 1706. 86.31 (3g) of the statutes is amended to read:

AB43,,4431 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,127,000 in fiscal years 2014-15 to 2016-17 and $5,393,400 in fiscal year 2017-2018 and each fiscal year thereafter, years 2017-18 to 2022-23 to fund county trunk highway improvements with eligible costs totaling more than $250,000. In fiscal year 2023-24 and each fiscal year thereafter, the department shall allocate 35.6 percent of the amounts appropriated under s. 20.395 (2) (ft) to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB43,1707 Section 1707. 86.31 (3m) of the statutes is amended to read:

AB43,,4433 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,732,500 in fiscal years 2011-12 to 2016-17 and $5,923,600 in fiscal year years 2017-18 and each fiscal year thereafter, to 2022-23 to fund town road improvements with eligible costs totaling $100,000 or more. In fiscal year 2023-24 and each fiscal year thereafter, the department shall allocate 39.0 percent of the amounts appropriated under s. 20.395 (2) (ft) to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB43,1708 Section 1708. 86.31 (3r) of the statutes is amended to read:

AB43,,4435 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $976,500 in fiscal years 2009-10 to 2016-17 and $3,850,400 in fiscal year years 2017-18 and each fiscal year thereafter, to 2022-23 to fund municipal street improvement projects having total estimated costs of $250,000 or more. In fiscal year 2023-24 and each fiscal year thereafter, the department shall allocate 25.4 percent of the amounts appropriated under s. 20.395 (2) (ft) to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB43,1709 Section 1709. 86.51 of the statutes is repealed.

AB43,1710 Section 1710. 91.10 (title) of the statutes is amended to read:

AB43,,4438 91.10 (title) County plan required; planning and implementation grants.

AB43,1711 Section 1711. 91.10 (7) of the statutes is created to read:

AB43,,4440 91.10 (7) (a) From the appropriation under s. 20.115 (7) (tm), the department may award implementation grants to counties for implementing a county’s certified farmland preservation plan.

AB43,,4441 (b) The department shall enter into a contract with a county to which it awards a planning grant under par. (a) before the department distributes any grant funds to the county. In the contract, the department shall identify the costs that are eligible for reimbursement through the grant.

AB43,,4442 (c) The department may distribute grant funds under this subsection only after the county shows that it has incurred costs that are eligible for reimbursement under par. (b).

AB43,1712 Section 1712. 92.14 (3) (intro.) of the statutes is amended to read:

AB43,,4444 92.14 (3) Basic allocations to counties. (intro.) To help counties fund their land and water conservation activities, the department shall award an annual grant from the appropriation under s. 20.115 (7) (c), (qe), or (qf) or s. 20.866 (2) (we) to any county land conservation committee that has a land and water resource management plan approved by the department under s. 92.10 (4) (d), and that, by county board action, has resolved to provide any matching funds required under sub. (5g) unless the county is seeking a grant under sub. (3) (h). The county may use the grant for land and water resource management planning and for any of the following purposes, consistent with the approved land and water resource management plan:

AB43,1713 Section 1713. 92.14 (3) (a) 6. of the statutes is created to read: