AB75: Bill Text

AB75, s. 1912 Section 1912. 79.10 (7m) (c) 2. of the statutes is amended to read:

AB75,1076,18 79.10 (7m) (c) 2. The town, village, or city Except as provided in par. (cm), the county treasurer shall settle for the amounts distributed on the 4th Monday in July under this paragraph with the appropriate each municipality and taxing jurisdiction in the county treasurer not later than August 15 20. Failure to settle timely under this subdivision subjects the town, village, or city county treasurer to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities except 1st class cities, in the county.

AB75, s. 1913 Section 1913. 79.10 (7m) (cm) 1. a. of the statutes is amended to read:

AB75,1077,2 79.10 (7m) (cm) 1. a. If, in any year, the total of the amounts determined under subs. (4) and, (5), and (5m) for any municipality is $3,000,000 or more, the municipality, with the approval of the majority of the members of the municipality's governing body, may notify the department of administration to distribute the amounts directly to the municipality and the department of administration shall distribute the amounts at the time and in the manner provided under pars. (a) 1. and, (b) 1., and (c) 1.

AB75, s. 1914 Section 1914. 79.10 (7m) (cm) 1. b. of the statutes is amended to read:

AB75,1077,10 79.10 (7m) (cm) 1. b. The treasurer of the municipality shall settle for the amounts distributed under par. pars. (a) 1. and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

AB75, s. 1915 Section 1915. 79.10 (7m) (cm) 2. a. of the statutes is amended to read:

AB75,1077,15 79.10 (7m) (cm) 2. a. The department of administration shall distribute the amounts determined under subs. (4) and, (5), and (5m) directly to any municipality that enacts an ordinance under s. 74.12 at the time and in the manner provided under pars. (a) 1. and, (b) 1., and (c) 1.

AB75, s. 1916 Section 1916. 79.10 (7m) (cm) 2. b. of the statutes is amended to read:

AB75,1077,23 79.10 (7m) (cm) 2. b. The treasurer of the municipality shall settle for the amounts distributed under par. pars. (a) 1. and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

AB75, s. 1917 Section 1917. 79.11 (3) (c) of the statutes is created to read:

AB75,1078,3 79.11 (3) (c) Notwithstanding ss. 74.11 (2) (b) and 74.12 (2) (b), the first dollar credit shall be deducted in its entirety from the first installment. This paragraph does not apply to the payment of taxes in installments under s. 74.87.

AB75, s. 1918 Section 1918. 84.01 (13) of the statutes is amended to read:

AB75,1078,16 84.01 (13) Engineering services. The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor. The department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this subsection that involves an estimated expenditure of more than $25,000 in accordance with standards prescribed by rule of the department. The department shall review periodically, and before any renewal, the continued appropriateness of contracting pursuant to each engagement under this subsection that involves an estimated expenditure of more than $25,000.

AB75, s. 1919 Section 1919. 84.014 (5m) (ag) 2. of the statutes is amended to read:

AB75,1078,24 84.014 (5m) (ag) 2. "Zoo interchange" means all freeways, including related interchange ramps, roadways, and shoulders, and all adjacent frontage roads and collector road systems, encompassing I 94, I 894, and USH 45 in Milwaukee County within the area bordered by I 894/USH 45 at the Union Pacific railroad underpass near Burnham Street in Milwaukee County Lincoln Avenue to the south, I 94 at 76th 70th Street to the east, I 94 at 116th 124th Street to the west, and USH 45 at Center Burleigh Street to the north.

AB75, s. 1920 Section 1920. 84.06 (2) (a) of the statutes is amended to read:

AB75,1079,20 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (2m), (3), or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 , and 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB75, s. 1921 Section 1921. 84.06 (2m) of the statutes is created to read:

AB75,1079,25 84.06 (2m) Design-build contracts. (a) In this subsection, "design-build procurement process" means a method of contracting for a project under which the engineering, design, and construction services are provided by a single private entity or consortium that is selected as part of a single bidding process for the project.

AB75,1080,4 (b) Notwithstanding s. 84.01 (13), if the department finds under sub. (2) that it would be more feasible and advantageous, the department may utilize a design-build procurement process in entering into any highway improvement contract under sub. (2) if all of the following conditions are met:

AB75,1080,9 1. The contract is awarded through a competitive selection process that utilizes, at a minimum, contractor qualifications, quality, completion time, and cost as award criteria. To be eligible to participate in the selection process, a bidder shall have prior experience in design and construction and shall be prequalified by the department as a design consultant and as a contractor.

AB75,1080,12 2. The contract is approved by the appropriate federal authority if, in the judgment of the secretary, such approval is necessary for purposes relating to state eligibility for federal aid.

AB75,1080,15 (c) This subsection applies only with respect to highway improvement contracts entered into prior to the first day of the 25th month after the effective date of this paragraph .... [LRB inserts date].

AB75, s. 1922 Section 1922. 84.075 (1) of the statutes is amended to read:

AB75,1080,23 84.075 (1) 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 5% of the total amount expended in each fiscal year is paid to contractors, subcontractors and vendors which are minority businesses, as defined under s. 560.036 (1) (e) 1. In attempting to meet this goal, the department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the low bid.

AB75, s. 1923 Section 1923. 84.076 (1) (c) of the statutes is amended to read:

AB75,1081,2 84.076 (1) (c) "Minority business" has the meaning given under s. 560.036 (1) (e) 1.

AB75, s. 1924 Section 1924. 84.076 (3) of the statutes is amended to read:

AB75,1081,9 84.076 (3) Bids, contracts. Section 84.06 (2) and (2m) applies to bids and contracts under this section, except that the secretary shall reject low bids that do not satisfy the requirements under sub. (4). Each bid submitted under this section shall include the agreement specified under sub. (4) and, as a condition, a goal that at least 25% of the total number of workers in all construction trades employed on the project will be disadvantaged individuals.

AB75, s. 1925 Section 1925. 84.185 (1) (ce) of the statutes is amended to read:

AB75,1081,13 84.185 (1) (ce) "Job" has the meaning specified in s. 560.17 (1) (bm) means a position providing full-time equivalent employment. "Job" does not include initial training before an employment position begins.

AB75, s. 1926 Section 1926. 84.28 (1) of the statutes is amended to read:

AB75,1082,6 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources. Moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15). Outside the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property, moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of roads which the department of natural resources certifies are utilized by a substantial number of visitors to state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures under this subsection. The department of natural resources shall rank projects eligible for assistance under a priority system and funding may be restricted to those projects with highest priority.

AB75, s. 1927 Section 1927. 84.59 (2) (b) of the statutes is amended to read:

AB75,1082,23 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), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), (4), 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), 341.30 (3), 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), and 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).

AB75, s. 1928 Section 1928. 84.59 (6) of the statutes is amended to read:

AB75,1083,15 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 $2,708,341,000 $3,009,784,200, 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 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.

AB75, s. 1929 Section 1929. 85.063 (3) (b) 1. of the statutes is amended to read:

AB75,1083,21 85.063 (3) (b) 1. Upon completion of a planning study under sub. (2), or, to the satisfaction of the department, of a study under s. 85.022, a political subdivision in a county which, or a transit authority created under s. 66.1039, that includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.

AB75, s. 1930 Section 1930. 85.064 (1) (b) of the statutes is amended to read:

AB75,1084,2 85.064 (1) (b) "Political subdivision" means any city, village, town, county, transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or regional transit authority organized created under s. 59.58 (6) 66.1039 within this state.

AB75, s. 1931 Section 1931. 85.064 (4) of the statutes is repealed.

AB75, s. 1932 Section 1932. 85.11 of the statutes is created to read:

AB75,1084,6 85.11 Southeast Wisconsin transit capital assistance program. (1) Definitions. In this section:

AB75,1084,8 (a) "Major transit capital improvement project" has the meaning given in s. 85.062 (1).

AB75,1084,9 (b) "Municipality" means a city, village, or town.

AB75,1084,12 (c) "Southeast Wisconsin" means the geographical area comprising the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha.

AB75,1084,14 (d) "Transit authority" means a transit authority created under s. 66.1039 that is located in southeast Wisconsin.

AB75,1084,18 (2) Program and funding. The department shall develop and administer a southeast Wisconsin transit capital assistance program. From the appropriation under s. 20.866 (2) (uq), the department may award grants to transit authorities for transit capital improvements as provided under subs. (4) to (6).

AB75,1084,21 (3) Applications. (a) Each grant applicant shall specify any project for which grant funds are requested. An applicant may not include a project in a grant application if any of the following apply:

AB75,1084,23 1. The project is a major transit capital improvement project and the project has not been enumerated under s. 85.062 (3).

AB75,1084,25 2. The project requires authorization and ratification under s. 85.205 and the project has not received this authorization and ratification.

AB75,1085,2 (b) The department may not accept grant applications under this section after December 31, 2015.

AB75,1085,4 (4) Eligibility. A transit authority is eligible for a grant under this section if all of the following apply:

AB75,1085,6 (a) The transit authority is eligible under federal law to be a public sponsor for a project that receives federal funding.

AB75,1085,8 (b) The transit authority receives funds from a dedicated local revenue source for capital and operating costs associated with providing transit services.

AB75,1085,12 (5) Grant awards. (a) Subject to par. (b), the department may award grants to applicants eligible under sub. (4). Any grant awarded under this section may not exceed $50,000,000, 25 percent of the total project cost, or 50 percent of the portion of the total project cost not funded with federal aid, whichever is least.

AB75,1085,14 (b) The department may award a grant under par. (a) only if all of the following apply:

AB75,1085,19 1. Any project for which the grant is to be awarded has received any approval to proceed required by the appropriate federal agency. Approval to proceed under this subdivision is required by December 31, 2012, for any project utilizing federal interstate cost estimate substitute project funding and for any project resulting from the Milwaukee Downtown Transit Connector Study of the Wisconsin Center District.

AB75,1085,23 2. The number of revenue hours of transit service provided in the area serviced by the grant applicant at the time of the grant application is not less than that provided in 2001, if transit services were provided in 2001 by the grant applicant or by any other local unit of government.

AB75,1085,25 (6) Administration. In administering this section, the department shall do all of the following:

AB75,1086,3 (a) Prescribe the form of grant applications and the nature and extent of information to be provided with these applications, and establish an annual application cycle for receiving and evaluating applications under the program.

AB75,1086,5 (b) Establish criteria and standards for grant eligibility for transit capital improvement projects under the program.

AB75,1086,7 (c) Establish criteria and standards for evaluating and ranking applications and for awarding grants under the program.

AB75, s. 1933 Section 1933. 85.14 (1) of the statutes is amended to read:

AB75,1086,22 85.14 Payments of fees and deposits by credit card, debit card, or other electronic payment mechanism. (1) (a) The department may accept payment by credit card, debit card, or any other electronic payment mechanism of a fee that is required to be paid to the department under ch. 194, 218, 341, 342, 343 or 348. The department shall determine which fees may be paid by credit card, debit card, or any other electronic payment mechanism and the manner in which the payments may be made. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a convenience fee for each transaction in an amount to be established by rule. The convenience fee shall approximate the cost to the department for providing this service to persons who request it. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a service fee of $2.50 for each transaction until a rule is promulgated under this paragraph.

AB75,1087,4 (b) Except for charges associated with a contract under par. (c), the If the secretary of administration assesses any charges against the department relating to the payment of fees by credit cards, debit cards, or other electronic payment mechanisms, the department shall pay, from the appropriation under s. 20.395 (5) (cg), to the secretary of administration or to any person designated by the secretary of administration the amount of these assessed charges associated with the use of credit cards under par. (a) that are assessed to the department.

AB75,1087,8 (c) The department may contract for services relating to the payment of fees by credit cards, debit cards, or other electronic payment mechanisms under this subsection. Any charges associated with a contract under this paragraph shall be paid from the appropriations under s. 20.395 (5) (cg) and (cq).

AB75, s. 1934 Section 1934. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB75,1087,20 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar year 2006, $59,107,000 for aid payable for calendar year 2007, $63,784,700 for aid payable for calendar year 2008, and $65,299,200 for aid payable for calendar year 2009, $66,585,600 for aid payable for calendar year 2010, and $68,583,200 for aid payable for calendar year 2011 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 $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.

AB75, s. 1935 Section 1935. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB75,1088,7 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $15,470,200 for aid payable for calendar year 2006, $15,779,600 for aid payable for calendar year 2007, $16,754,000 for aid payable for calendar year 2008, and $17,158,400 for aid payable for calendar year 2009, $17,496,400 for aid payable for calendar year 2010, and $18,021,300 for aid payable for calendar year 2011 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.

AB75, s. 1936 Section 1936. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB75,1088,14 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $22,192,800 in calendar year 2006, $22,636,700 in calendar year 2007, $24,034,400 in calendar year 2008, and $24,614,500 in calendar year 2009, $25,099,500 in calendar year 2010, and $25,852,500 in calendar year 2011 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB75, s. 1937 Section 1937. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB75,1088,21 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,023,600 in calendar year 2006, $5,124,100 in calendar year 2007, $5,440,500 in calendar year 2008, and $5,571,800 in calendar year 2009, $5,681,600 in calendar year 2010, and $5,852,200 in calendar year 2011 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB75, s. 1938 Section 1938. 85.215 of the statutes is created to read:

AB75,1089,5 85.215 Tribal elderly transportation grant program. The department shall award grants to federally recognized American Indian tribes or bands to assist in providing transportation services for elderly persons. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (1) (ck). The department shall prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The department shall establish criteria for evaluating applications and for awarding grants under this section.

AB75, s. 1939 Section 1939. 85.26 of the statutes is created to read:

AB75,1089,7 85.26 Intercity bus assistance program. (1) Definitions. In this section:

AB75,1089,13 (a) "Intercity bus service" means regularly scheduled bus service for the general public that operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity, that has the capacity for transporting baggage carried by passengers, and that makes meaningful connections with scheduled intercity bus service to more distant points if service to more distant points is available.

AB75,1089,16 (b) "Net operating loss" means the portion of the reasonable costs of operating an intercity bus service route that cannot reasonably be financed from revenues derived from the route.

AB75,1089,17 (c) "Political subdivision" means a city, village, town, or county.

AB75,1089,20 (2) Administration. (a) The department shall develop and administer an intercity bus assistance program to increase the availability of intercity bus service in this state. Under this program, the department may do any of the following:

AB75,1089,22 1. Contract with private providers of intercity bus service to support intercity bus service routes of the provider.

AB75,1089,24 2. Make grants to political subdivisions to support intercity bus service routes having an origin or destination in the political subdivision.

AB75,1090,5 (b) All expenditures under the program shall be made from the appropriations under s. 20.395 (1) (bq), (bv), and (bx). The department may not enter into any contract under par. (a) 1., or award any grant under par. (a) 2., that provides funds to support any intercity bus service route in an amount exceeding the lesser of the following: