SB21: Bill Text

SB21,2560 Section 2560. 84.06 (2m) of the statutes is created to read:

SB21,1036,2 84.06 (2m) Construction manager-general contractor process. (a) Prior to July 1, 2019, if the department finds that it would be more feasible and advantageous, the department may award a 2-phase construction manager-general contractor contract to a construction manager for preconstruction and construction services for an improvement project.

SB21,1036,5 (b) The department may award a construction manager-general contractor contract to a construction manager based on qualifications, experience, best value, or any other combination of factors the department considers appropriate.

SB21,1036,8 (c)   Before the project design is 90 percent complete, the construction manager shall provide to the department a proposal for the construction manager to construct the project which does all of the following:

SB21,1036,9 1. Includes a guaranteed maximum price.

SB21,1036,11 2. Certifies that at least 30 percent of the work for the construction phase shall be performed by the construction manager.

SB21,1036,13 (d) The department shall obtain an independent cost estimate for the construction of the project.

SB21,1036,14 (e) For the construction phase, the department may do any of the following:

SB21,1036,16 1. Enter into a construction contract with the construction manager pursuant to a proposal under par. (c).

SB21,1036,17 2. Award the construction contract in accordance with sub. (2).

SB21,1036,19 (f) The department may utilize a construction manager-general contractor contract for no more than 3 highway improvement projects.

SB21,2561 Section 2561. 84.075 (1c) (a) of the statutes is amended to read:

SB21,1036,22 84.075 (1c) (a) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,2562 Section 2562. 84.075 (1c) (b) of the statutes is amended to read:

SB21,1036,25 84.075 (1c) (b) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

SB21,2563 Section 2563. 84.076 (1) (c) of the statutes is amended to read:

SB21,1037,3 84.076 (1) (c) "Minority business" has the meaning given under s. 16.287 203.07 (1) (e) 1.

SB21,2564 Section 2564. 84.076 (1) (d) of the statutes is amended to read:

SB21,1037,6 84.076 (1) (d) "Minority group member" has the meaning given under s. 16.287 203.07 (1) (f).

SB21,2565 Section 2565. 84.185 (2) (b) 5. of the statutes is amended to read:

SB21,1037,10 84.185 (2) (b) 5. Whether the political subdivision will contribute, from funds not provided by this state, not less than 50% 20 percent of the cost of the improvement.

SB21,2566 Section 2566. 84.185 (3) (a) 1. of the statutes is amended to read:

SB21,1037,12 84.185 (3) (a) 1. 50% Eighty percent of the anticipated cost of the improvement.

SB21,2567 Section 2567. 84.185 (3) (b) 3. a. of the statutes is amended to read:

SB21,1037,16 84.185 (3) (b) 3. a. The grant ceiling determined under par. (a) is based on 50% 80 percent of the anticipated cost of the improvement and would result in a grant exceeding $1 million.

SB21,2568 Section 2568. 84.185 (6m) of the statutes is amended to read:

SB21,1038,2 84.185 (6m) Administration. From the appropriations under s. 20.395 (2) (iq), (iv) and (ix), upon the approval of the secretary under sub. (2), the department may make improvements to or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 1. to 3. or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 4. or 5. The department may make loans from the appropriations under s. 20.395 (2) (iq) and (iw) for the improvement of a transportation facility. The state share of costs for the improvement of a transportation facility, including any loans made under this subsection for the improvement of the transportation facility, may not exceed 50% 80 percent of the cost of the improvement.

SB21,2569 Section 2569. 84.27 of the statutes is amended to read:

SB21,1038,17 84.27 Institution roads. The department may administer a program to improve highways forming convenient connections between the University of Wisconsin System Authority and state charitable or penal institutions, and the state trunk highway system, or to construct roadways under or over state trunk highways that pass through the grounds thereof, or to construct and maintain all drives and roadways on such grounds or the grounds of the state capitol. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority of the department, upon the request for such work filed by the board of regents of the University of Wisconsin System Authority or the state boards, commissions, departments or officers, respectively, as to such work in connection with the institution controlled by them. The cost of any work under this section shall be the responsibility of the board of regents of the University of Wisconsin System Authority or the state boards, commissions, departments or officers involved.

SB21,2570 Section 2570. 84.59 (1) of the statutes is amended to read:

SB21,1038,23 84.59 (1) Transportation facilities under s. 84.01 (28) and, major highway projects as defined under s. 84.013 (1) (a) for the purposes under ss. 84.06 and 84.09, and southeast Wisconsin freeway megaprojects enumerated under s. 84.0145 (3) (b) may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18.

SB21,2571 Section 2571. 84.59 (2) (b) of the statutes is amended to read:

SB21,1039,17 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14 and, one-half of revenues collected under s. 78.01, and revenues from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. 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).

SB21,2572 Section 2572. 84.59 (6) of the statutes is amended to read:

SB21,1040,9 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 $3,768,059,300 $4,779,086,300, 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, and southeast Wisconsin freeway megaprojects enumerated under s. 84.0145 (3) (b). In addition to the foregoing limit 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.

SB21,2573 Section 2573. 85.0205 (1m) of the statutes is created to read:

SB21,1040,14 85.0205 (1m) The department may not expend state moneys on elements of a highway improvement project that the department determines are primarily related to the aesthetic preferences of communities adjacent to the project, generally known as community sensitive solutions.

SB21,2574 Section 2574. 85.066 of the statutes is created to read:

SB21,1040,20 85.066 Transit safety oversight program. (1) Definition. In this section, "fixed guideway transit system" means a public transportation system being designed, engineered, constructed, or operated that is intended to operate upon a fixed guideway, including a railway, and that is not subject to regulation by the federal railroad administration.

SB21,1040,23 (2) Program and funding. The department shall develop and administer a transit safety oversight program. Under the program, the department may oversee, enforce, investigate, and audit all safety aspects of fixed guideway transit systems.

SB21,2575 Section 2575. 85.09 (2) (a) of the statutes is amended to read:

SB21,1042,2 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 Authority, 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. 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.

SB21,2576 Section 2576. 85.09 (4m) of the statutes is amended to read:

SB21,1042,8 85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of administration public service commission.

SB21,2577 Section 2577. 85.22 (title) of the statutes is amended to read:

SB21,1042,11 85.22 (title) Capital assistance program for specialized Specialized transportation program.

SB21,2578 Section 2578. 85.22 (1) of the statutes is amended to read:

SB21,1042,16 85.22 (1) Purpose. The purpose of this section is to promote the general public health and welfare by providing capital assistance to eligible applicants providing transportation services to elderly seniors and disabled persons individuals with disabilities.

SB21,2579 Section 2579. 85.22 (2) (ag) of the statutes is renumbered 85.22 (2) (bm) and amended to read:

SB21,1042,23 85.22 (2) (bm) "Disabled person Individual with a disability" means any individual who, because of any temporary or permanent physical or mental condition or institutional residence is unable without special facilities or special planning or design to use available transportation facilities and services as effectively as persons who are not so affected.

SB21,2580 Section 2580. 85.22 (2) (am) (intro.) of the statutes is renumbered 85.22 (2) (am) and amended to read:

SB21,1043,3 85.22 (2) (am) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under 49 USC 5310 (a) and is one of the following:.

SB21,2581 Section 2581. 85.22 (2) (am) 1. of the statutes is repealed.

SB21,2582 Section 2582. 85.22 (2) (am) 2. of the statutes is repealed.

SB21,2583 Section 2583. 85.22 (2) (b) of the statutes is repealed.

SB21,2584 Section 2584. 85.22 (2) (d) of the statutes is created to read:

SB21,1043,8 85.22 (2) (d) "Senior" means any individual age 65 or older.

SB21,2585 Section 2585. 85.22 (3) (a) of the statutes is amended to read:

SB21,1043,14 85.22 (3) (a) To receive and review annually applications for aid under this section and to prescribe the form, nature, and extent of information which shall be contained in applications. Each applicant shall indicate whether the transportation services it provides or proposes to provide conflict with any transportation services being assisted under s. 85.21.

SB21,2586 Section 2586. 85.22 (3) (c) of the statutes is amended to read:

SB21,1043,18 85.22 (3) (c) To make and execute agreements with eligible applicants to provide for the undertaking of transportation services to elderly seniors or disabled persons individuals with disabilities.

SB21,2587 Section 2587. 85.22 (3) (g) of the statutes is amended to read:

SB21,1043,20 85.22 (3) (g) To establish an annual application cycle for the program.

SB21,2588 Section 2588. 85.22 (3) (h) of the statutes is amended to read:

SB21,1044,4 85.22 (3) (h) To establish, by rule, standards for the coordination of transportation services to elderly seniors and disabled persons for purposes of s. 85.22 (2) (am) 2. b individuals with disabilities. These standards may require certification by a local public body that any application for aid under this section shall be consistent with the recommendations of a local coordinating committee on transportation that has membership which is, in the department's judgment, sufficient to provide for adequate coordination of services available in the applicable area.

SB21,2589 Section 2589. 85.22 (4) (a) (intro.) of the statutes is renumbered 85.22 (4) and amended to read:

SB21,1044,11 85.22 (4) Commencing with the highest ranked application and to the extent that state and federal moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed any of the following: the funding limitations defined in 49 USC 5310.

SB21,2590 Section 2590. 85.22 (4) (a) 1. of the statutes is repealed.

SB21,2591 Section 2591. 85.22 (4) (a) 2. of the statutes is repealed.

SB21,2592 Section 2592. 85.22 (4) (b) of the statutes is repealed.

SB21,2593 Section 2593. 85.25 (2) (a) of the statutes is amended to read:

SB21,1044,20 85.25 (2) (a) "Business development organization" means the Forward Wisconsin Housing and Economic Development Authority created under s. 234.02 235.011 or any private organization that prepares business and loan plans for and provides other financial, management, and technical assistance to disadvantaged businesses.

SB21,2594 Section 2594. 85.25 (2) (c) 1m. b. of the statutes is amended to read:

SB21,1044,23 85.25 (2) (c) 1m. b. It is currently performing a useful business function as defined in s. 16.287 203.07 (1) (h).

SB21,2595 Section 2595. 85.53 of the statutes is renumbered 51.49, and 51.49 (3), as renumbered, is amended to read:

SB21,1045,3 51.49 (3) Grants under this section shall be paid from the appropriation under s. 20.395 (5) (jr). The amount of a grant under this section may not exceed 80% of the amount expended by an eligible applicant for services related to the program.

SB21,2596 Section 2596. 87.305 (1) (intro.) of the statutes is amended to read:

SB21,1045,11 87.305 (1) Department approval. (intro.) Notwithstanding s. 87.30 or any rule promulgated, order issued or ordinance adopted under that section, the department shall authorize the connection of a sanitary sewer line from the sewerage treatment plant in the city of Prairie du Chien and connection of the public water system of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St. Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as defined under s. 254.61 (3) 97.01 (7), if all of the following conditions are met:

SB21,2597 Section 2597. 89.02 (3d) of the statutes is created to read:

SB21,1045,14 89.02 (3d) "Department" means the department of agriculture, trade and consumer protection.

SB21,2598 Section 2598. 89.063 of the statutes is created to read:

SB21,1045,19 89.063 Fees. The department shall determine by rule the fees for each initial license, certification, and permit issued under ss. 89.06 and 89.072, and, if applicable, for renewal of the license, certification, or permit, including late fees, based on the department's administrative and enforcement costs under this chapter.

SB21,2599 Section 2599. 89.085 of the statutes is created to read:

SB21,1045,23 89.085 Unauthorized practice. (1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under this chapter.

SB21,1046,2 (2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing the practice or use of the title.

SB21,1046,6 (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

SB21,1046,11 (4) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

SB21,1046,14 (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.