Amendment SA6-SSA2-SB70

SENATE AMENDMENT 6, TO SENATE SUBSTITUTE AMENDMENT 2, TO SENATE BILL 70

June 28, 2023 - Offered by Senators Agard, Carpenter, Hesselbein, L. Johnson, Larson, Pfaff, Roys, Smith, Spreitzer, Taylor and Wirch.

SB70-SSA2-SA6,1,1 At the locations indicated, amend the substitute amendment as follows:

SB70-SSA2-SA6,1,2 1. Page 284, line 13: delete “(13);" and substitute “(13) and (22n) to (30n);".

SB70-SSA2-SA6,1,3 2. Page 374, line 11: after that line insert:

SB70-SSA2-SA6,1,4 “ Section 1. 13.48 (3) of the statutes is amended to read:

SB70-SSA2-SA6,2,12 13.48 (3) State building trust fund. In the interest of the continuity of the program, the moneys appropriated to the state building trust fund under s. 20.867 (2) (f) shall be retained as a nonlapsing building depreciation reserve. Such moneys shall be deposited into the state building trust fund. At such times as the building commission directs, or in emergency situations under s. 16.855 (16) (b), the governor shall authorize releases from this fund to become available for projects and shall direct the department of administration to allocate from this fund such amounts as are approved for these projects. In issuing such directions, the building commission shall consider the cash balance in the state building trust fund, the necessity and urgency of the proposed improvement, employment conditions and availability of materials in the locality in which the improvement is to be made. The building commission may authorize any project costing $1,000,000 $2,000,000 or less in accordance with priorities to be established by the building commission and may adjust the priorities by deleting, substituting or adding new projects as needed to reflect changing program needs and unforeseen circumstances. The building commission may enter into contracts for the construction of buildings for any state agency, except a project authorized under sub. (10) (c), and shall be responsible for accounting for all funds released to projects. The building commission may designate the department of administration or the agency for which the project is constructed to act as its representative in such accounting.

SB70-SSA2-SA6,2 Section 2. 13.48 (6) of the statutes is amended to read:

SB70-SSA2-SA6,2,25 13.48 (6) Review of projects. All reports submitted as provided by sub. (4) shall be reviewed by the building commission, which shall make its report as soon after November 20 as is possible. Such report shall include specific recommendations and establish priorities for the next 3 biennia from among all projects submitted which the building commission deems essential and shall recommend additional appropriations if necessary for the execution thereof. The building commission shall include in the report any projects proposed by the state fair park board involving a cost of not more than $300,000 $600,000, together with the method of financing proposed for those projects by the board, without recommendation. The building commission shall include in its report an appraisal and recommendation of available and alternative methods of financing buildings for the use of state agencies and shall file copies of its report with the governor-elect.

SB70-SSA2-SA6,3 Section 3. 13.48 (7) of the statutes is amended to read:

SB70-SSA2-SA6,3,13 13.48 (7) Biennial recommendations. The building commission shall prepare and formally adopt recommendations for the long-range state building program on a biennial basis. The building commission shall include in its report any projects proposed by the state fair park board involving a cost of not more than $300,000 $600,000, together with the method of financing those projects proposed by the board, without recommendation. Unless a later date is requested by the building commission and approved by the joint committee on finance, the building commission shall, no later than the first Tuesday in April of each odd-numbered year, transmit the report prepared by the department of administration under s. 16.40 (20) and the commission's recommendations for the succeeding fiscal biennium that require legislative approval to the joint committee on finance in the form of proposed legislation prepared in proper form.

SB70-SSA2-SA6,4 Section 4. 13.48 (10) (a) of the statutes is amended to read:

SB70-SSA2-SA6,3,24 13.48 (10) (a) Except as provided in par. (c), no state board, agency, officer, department, commission, or body corporate may enter into a contract for the construction, reconstruction, remodeling of, or addition to any building, structure, or facility, in connection with any building project which involves a cost in excess of $300,000 $600,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. This section applies to the department of transportation only in respect to buildings, structures, and facilities to be used for administrative or operating functions, including buildings, land, and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.

SB70-SSA2-SA6,5 Section 5. 13.48 (10) (b) 5. of the statutes is amended to read:

SB70-SSA2-SA6,4,2 13.48 (10) (b) 5. Contracts for construction of any building, structure or facility for the state fair park board involving a cost of not more than $300,000 $600,000.

SB70-SSA2-SA6,6 Section 6. 13.48 (29) of the statutes is amended to read:

SB70-SSA2-SA6,4,8 13.48 (29) Simplified policies and procedures for construction projects. Except as otherwise required under s. 16.855 (10m), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in s. 16.855 for any construction project involving a cost of not more than $300,000 $600,000, except projects specified in sub. (10) (c).

SB70-SSA2-SA6,7 Section 7. 13.48 (32c) of the statutes is created to read:

SB70-SSA2-SA6,4,21 13.48 (32c) Marquette University School of Dentistry upgrades. (a) The legislature finds and determines that improving the experiences and training of Marquette University School of Dentistry dental students, increasing the chances of continuing the supply of dentists throughout this state in future years, and improving access to oral health care statewide, particularly for Wisconsin's underserved populations via the Marquette University School of Dentistry's Main Campus Clinic and its affiliated statewide clinics, is a statewide responsibility of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist Marquette University in carrying out construction and equipment upgrades to the Marquette University School of Dentistry's main campus clinic and classrooms, affiliated clinics and classrooms statewide, and patient experience center.

SB70-SSA2-SA6,5,4 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to Marquette University of up to $10,750,000 to assist the Marquette University School of Dentistry in carrying out construction and equipment upgrades to its main campus clinic and classrooms, affiliated clinics and classrooms statewide, and patient experience center. Before approving any state funding commitment for the construction and equipment upgrades, the building commission shall determine that Marquette University has secured additional funding for the project of at least $17,250,000 from nonstate revenue sources.

SB70-SSA2-SA6,5,9 (c) If the building commission authorizes a grant to Marquette University under par. (b), and if, for any reason, a facility receiving construction or equipment upgrades, or both, with funds from the grant is not used for dentistry purposes, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

SB70-SSA2-SA6,8 Section 8. 13.48 (33w) of the statutes is created to read:

SB70-SSA2-SA6,5,18 13.48 (33w) National railroad museum Inc.; Lenfestey Center expansion. (a) The legislature finds and determines that expanding the National Railroad Museum's Lenfestey Center will encourage economic development and tourism in the city of Green Bay and Brown County, increase educational opportunities for school children, and increase access to community events. It is therefore in the public interest and serves a statewide public purpose, and it is the public policy of this state, to assist National Railroad Museum, Inc., with the expansion of the Lenfestey Center of National Railroad Museum, Inc.

SB70-SSA2-SA6,5,25 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to National Railroad Museum, Inc., of up to $7,000,000 to assist the National Railroad Museum with the expansion of the museum's Lenfestey Center. Before approving any state funding commitment for the project, the building commission shall determine that National Railroad Museum, Inc., has secured additional funding for the project of at least $8,000,000 from nonstate revenue sources.

SB70-SSA2-SA6,6,5 (c) If the building commission authorizes a grant to National Railroad Museum, Inc., under par. (b), and if, for any reason, the facilities constructed with funds from the grant are not used for purposes of a national railroad museum, the state shall retain an ownership interest in the facilities equal to the amount of the state's grant.

SB70-SSA2-SA6,9 Section 9. 13.48 (37m) of the statutes is created to read:

SB70-SSA2-SA6,6,17 13.48 (37m) Children's hospital and health system dental clinic expansion. (a) The legislature finds and determines that reducing wait times and improving accessibility of dental care at the dental clinic of Children's Hospital and Health System, Inc., will improve health outcomes for children in this state, and reducing the burden on urgent care and emergency services at Children's Hospital and Health System, Inc., and improving economic development in the state by increasing the capacity of the pediatric dental residency program at the dental clinic at Children's Hospital and Health System, Inc., main campus, and is a statewide responsibility of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist Children's Hospital and Health System, Inc., in carrying out the expansion of its dental clinic at its main campus.

SB70-SSA2-SA6,6,24 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to Children's Hospital and Health System, Inc., of up to $4,789,000 to assist Children's Hospital and Health System, Inc., to expand the dental clinic at its main Milwaukee campus. Before approving any state funding commitment for the construction and equipment upgrades, the building commission shall determine that Children's Hospital and Health System, Inc., has secured additional funding for the project of at least $4,789,000 from nonstate revenue sources.

SB70-SSA2-SA6,7,5 (c) If the building commission authorizes a grant to Children's Hospital and System, Inc., under par. (b), and if, for any reason, a facility receiving construction or equipment upgrades, or both, with funds from the grant is not used for dentistry purposes, the state shall retain an ownership interest in the facility equal to the amount of the state's grant.

SB70-SSA2-SA6,10 Section 10. 13.48 (41m) of the statutes is created to read:

SB70-SSA2-SA6,7,15 13.48 (41m) Iron District MKE, LLC; new soccer stadium and related facilities. (a) The legislature finds and determines that a new soccer stadium and related facilities, including a hotel and a concerts and events venue, will encourage economic development and tourism in this state, reduce unemployment in this state, and bring needed capital into this state for the benefit and welfare of people throughout the state. It is therefore in the public interest and serves a statewide public purpose, and it is the public policy of this state, to assist Iron District MKE, LLC, with the construction in a blighted area in Milwaukee County of a new soccer stadium and related facilities, including a hotel and a concerts and events venue.

SB70-SSA2-SA6,7,22 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to Iron District MKE, LLC, of up to $9,300,000 to assist the Iron District with the construction in a blighted area in Milwaukee County of a new soccer stadium and related facilities, including a hotel and a concerts and events venue. Before approving any state funding commitment for the project, the building commission shall determine that the Iron District has secured additional funding for the project of at least $35,700,000 from nonstate revenue sources.

SB70-SSA2-SA6,8,2 (c) If the building commission authorizes a grant to the Iron District under par. (b), and if, for any reason, the facilities constructed with funds from the grant are not used for purposes of a soccer stadium and related facilities, the state shall retain an ownership interest in the facilities equal to the amount of the state's grant.

SB70-SSA2-SA6,11 Section 11. 13.48 (41o) of the statutes is created to read:

SB70-SSA2-SA6,8,11 13.48 (41o) Woodman's Sports and Convention Center. (a) The legislature finds and determines that the establishment of a sports and convention facility encourages economic development and tourism in this state by improving a blighted area of the city of Janesville and attracting new events and economic activity to the city of Janesville and south central Wisconsin, and is a statewide responsibility of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist the city of Janesville in the construction of a new Woodman's Sports and Convention Center.

SB70-SSA2-SA6,8,18 (b) From the appropriation under s. 20.867 (3) (x), the building commission may provide a grant of up to $15,000,000 to assist the city of Janesville in the construction of the Woodman's Sports and Convention Center at 2500 Milton Avenue in the city of Janesville. Before approving any state funding commitment for the construction of such a sports and convention center, the building commission shall determine that the city of Janesville has secured additional funding for the project of at least $35,500,000 from nonstate revenue sources.

SB70-SSA2-SA6,8,23 (c) If the building commission authorizes a grant to the city of Janesville under par. (b), and if, for any reason, the sports and convention center that is constructed with funds from the grant is not used as a sports and convention center, the state shall retain an ownership interest in the sports and convention center equal to the amount of the state's grant.

SB70-SSA2-SA6,12 Section 12. 13.48 (41s) of the statutes is created to read:

SB70-SSA2-SA6,9,11 13.48 (41s) Peninsula Players Theatre Foundation, Inc.; dormitory upgrades. (a) The legislature finds and determines that upgrading the dormitories of the Peninsula Players Theatre in Door County to address the current housing shortcomings, including equipping the dormitories with standard conveniences such as running water, indoor plumbing, and HVAC and increasing the capacity of the dormitories from 25 to 32 individuals, will encourage economic development and tourism in this state, reduce unemployment in this state, and provide needed workforce housing in this state. It is therefore in the public interest and serves a statewide public purpose, and it is the public policy of this state, to assist the Peninsula Players Theatre Foundation, Inc., with upgrading the dormitories of the Peninsula Players Theatre in Door County as described above.

SB70-SSA2-SA6,9,21 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to the Peninsula Players Theatre Foundation, Inc., of up to $1,000,000 to assist with upgrading the dormitories of the Peninsula Players Theatre in Door County to address the current housing shortcomings, including equipping the dormitories with standard conveniences such as running water, indoor plumbing, and HVAC and increasing the capacity of the dormitories from 25 to 32 individuals. Before approving any state funding commitment for the project, the building commission shall determine that the Peninsula Players Theatre Foundation, Inc., has secured additional funding for the project of at least $3,213,000 from nonstate revenue sources.

SB70-SSA2-SA6,9,24 (c) If the building commission authorizes a grant to the Peninsula Players Theatre Foundation, Inc., under par. (b), and if, for any reason, the facilities upgraded with funds from the grant are not used as dormitories for the staff and interns of the Peninsula Players Theatre, the state shall retain an ownership interest in the facilities equal to the amount of the state's grant.

SB70-SSA2-SA6,13 Section 13. 13.48 (47) of the statutes is created to read:

SB70-SSA2-SA6,10,12 13.48 (47) Bronzeville Center for the Arts Destination Museum. (a) The legislature finds and determines that providing cultural preservation and appreciation and support of the arts and gallery space for African-American art to be displayed vastly enriches the lives of the citizens of this state, and will provide economic development through construction-related jobs and employment opportunities after the Bronzeville Center for the Arts Destination Museum opens, and is a statewide responsibility of statewide dimension. It is therefore in the public interest, and in the public policy of this state, to assist the Bronzeville Center for the Arts, Inc., to construct an Arts Destination Museum.

SB70-SSA2-SA6,10,20 (b) From the appropriation under s. 20.867 (3) (x), the building commission may provide a grant of up to $5,000,000 to assist the Bronzeville Center for the Arts, Inc., in the construction of an Arts Destination Museum on a 3.4-acre parcel on the northeast corner of North Avenue and Dr. Martin Luther King Jr. Drive in Milwaukee. Before approving any state funding commitment for the construction of such a museum, the building commission shall determine that Bronzeville Center for the Arts, Inc., has secured additional funding for the project of at least $49,900,000 from nonstate revenue sources.

SB70-SSA2-SA6,10,24 (c) If the building commission authorizes a grant to the Bronzeville Center for the Arts, Inc., under par. (b), and if, for any reason, the center that is constructed with funds from the grant is not used as an Arts Destination Museum, the state shall retain an ownership interest in the center equal to the amount of the state's grant.

SB70-SSA2-SA6,14 Section 14. 13.48 (48) of the statutes is created to read:

SB70-SSA2-SA6,11,7 13.48 (48) Versiti Blood Research Institute. (a) The legislature finds and determines that research focused on blood health, including research in the areas of blood cancers, benign hematology, cellular therapy, and immunology is essential to the health and well-being of the people of this state and is a statewide responsibility of statewide dimension. It is therefore in the public interest, and it is the public policy of this state, to assist the Versiti Blood Research Institute Foundation, Inc., in the expansion of the Versiti Blood Research Institute for purposes of blood research.

SB70-SSA2-SA6,11,14 (b) From the appropriation under s. 20.867 (3) (x), the building commission may authorize a grant to the Versiti Blood Research Institute Foundation, Inc., of up to $15,000,000 to assist in the expansion of the Versiti Blood Research Institute. Before approving any state funding commitment for the project, the building commission shall determine that the Versiti Blood Research Institute Foundation, Inc., has secured additional funding for the project of at least $48,500,000 from nonstate revenue sources.

SB70-SSA2-SA6,11,18 (c) If the building commission authorizes a grant to Versiti Blood Research Institute Foundation, Inc., under par. (b) and if the expanded space constructed with funds from the grant is not used for blood research, the state shall retain an ownership interest in the expanded space equal to the amount of the state's grant.

SB70-SSA2-SA6,15 Section 15. 13.488 (7) (a) of the statutes is amended to read:

SB70-SSA2-SA6,11,23 13.488 (7) (a) The building commission, with advice from the state fair park board, shall examine and review detailed design requirements for all state-owned facilities involving a cost of more than $300,000 $600,000 to be included in the development of state fair park.

SB70-SSA2-SA6,16 Section 16. 16.855 (2) (intro.) of the statutes is amended to read:

SB70-SSA2-SA6,12,3 16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $50,000 $100,000, or if less and in the best interest of the state, the department shall:

SB70-SSA2-SA6,17 Section 17. 16.855 (14) (am) of the statutes is amended to read:

SB70-SSA2-SA6,12,8 16.855 (14) (am) Except as provided in sub. (14s) and s. 13.48 (19), the department shall let all construction projects that exceed $300,000 $600,000 through single prime contracting. The department may not request or accept any alternate bids when letting a construction project through single prime contracting.

SB70-SSA2-SA6,18 Section 18. 16.855 (14s) (a) of the statutes is amended to read:

SB70-SSA2-SA6,12,13 16.855 (14s) (a) The department may let any construction project that exceeds $300,000 $600,000 to a single trade contractor for all work on the project if at least 85 percent of the estimated construction cost of the project is for work that involves the trade that is the primary business of the single trade contractor.

SB70-SSA2-SA6,19 Section 19. 16.855 (22) of the statutes is amended to read:

SB70-SSA2-SA6,12,23 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project involving a cost of not more than $300,000 $600,000 if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project exempted under sub. (12m), is at least $50,000 $100,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

SB70-SSA2-SA6,20 Section 20. 16.867 (2) of the statutes is amended to read:

SB70-SSA2-SA6,13,4 16.867 (2) If the estimated cost of a construction project under the department's supervision is $7,400,000 $15,000,000 or more, the selection committee appointed under sub. (1) shall use a request-for-proposal process established by the department to select an architect or engineer for the project based on qualifications.

SB70-SSA2-SA6,21 Section 21. 16.87 (3) of the statutes is amended to read:

SB70-SSA2-SA6,13,15 16.87 (3) Except as provided in sub. (4), a contract under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designee and, if the contract involves an expenditure over $300,000 $600,000, approved by the governor. Except as provided in sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary's designee and, if the change order involves an expenditure over $300,000 $600,000, the approval of the governor.

SB70-SSA2-SA6,22 Section 22. 20.924 (1) (a) of the statutes is amended to read:

SB70-SSA2-SA6,13,19 20.924 (1) (a) Shall authorize the design and construction of any building, structure or facility costing in excess of $1,000,000 $2,000,000 regardless of funding source, only if that project is enumerated in the authorized state building program.

SB70-SSA2-SA6,23 Section 23. 20.924 (1) (b) of the statutes is amended to read:

SB70-SSA2-SA6,14,2 20.924 (1) (b) Shall authorize the acquisition of land, or the repair, remodeling or improvement to any existing building, structure or facility costing in excess of $1,000,000 $2,000,000, regardless of funding source, only if that project is enumerated in the authorized state building program. This paragraph does not apply to the acquisition of land by the building commission in the city of Madison within a block number specified in s. 13.48 (18). This paragraph does not apply to projects authorized under s. 16.858.

SB70-SSA2-SA6,9104 Section 9104. Nonstatutory provisions; Building Commission.

SB70-SSA2-SA6,14,6 (22n) Authorized State Building Program. For the fiscal years beginning on July 1, 2023, and ending on June 30, 2025, the Authorized State Building Program is as follows: - See PDF for table

SB70-SSA2-SA6,36,3 (23n) Authorized State Building Program; additional projects. The following projects are added to the 2023-25 Authorized State Building Program under sub. (1) and the appropriate totals are adjusted accordingly: - See PDF for table