32,2203 Section 2203. 84.013 (1) (a) 1. of the statutes is renumbered 84.013 (1) (a) 1m. a.
32,2204 Section 2204. 84.013 (1) (a) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 84.013 (1) (a) 1m. b. and amended to read:
84.013 (1) (a) 1m. b. Reconstructing or reconditioning an existing highway by either of the following: a. Relocating relocating 2.5 miles or more of the existing highway. b. Adding or adding one or more lanes 5 miles or more in length to the existing highway.
32,2205 Section 2205. 84.013 (1) (a) 2m. of the statutes is created to read:
84.013 (1) (a) 2m. The project has a total cost of more than $75,000,000, subject to adjustment under sub. (2m), and is not described in subd. 1m.
32,2206 Section 2206. 84.013 (1) (a) 3. of the statutes is renumbered 84.013 (1) (a) 1m. c.
32,2207 Section 2207. 84.013 (2) (a) of the statutes is amended to read:
84.013 (2) (a) Subject to ss. 84.014 (6) (b), 84.555, and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (ct) and (4) (jq) and 20.866 (2) (ur) to (uum) and (uus).
32,2208 Section 2208. 84.013 (2) (b) of the statutes is amended to read:
84.013 (2) (b) Except as provided in ss. 84.014, 84.017, 84.03 (3), and 84.555, and subject to s. ss. 84.014 (6) (c) and 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uur) and (uut).
32,2209 Section 2209. 84.013 (2m) of the statutes is created to read:
84.013 (2m) The department shall annually adjust the amounts specified in sub. (1) (a) 1m. and 2m. to reflect the annual change in the Wisconsin Department of Transportation Price Index, Yearly Moving Average, as maintained by the department or, if at any time the department no longer maintains this index, another suitable index as determined by the department. Beginning in 2012, prior to October 1 of each year, the department shall compute the annual adjustment required under this subsection and shall publish the new adjusted amount applicable under sub. (1) (a) 1m. and 2m., which amount shall become effective on October 1 of that year. The department may not adjust the amounts specified in sub. (1) (a) 1m. and 2m. to an amount less than that specified in sub. (1) (a) 1m. and 2m.
32,2210 Section 2210. 84.013 (3) (ad) of the statutes is created to read:
84.013 (3) (ad) Notwithstanding s. 13.489 (4) (c), any project approved by the transportation projects commission under s. 13.489 (4m) (b).
32,2211 Section 2211. 84.013 (3) (bd) of the statutes is created to read:
84.013 (3) (bd) I 39/90 extending approximately 45 miles from USH 12/18 in Dane County to the Illinois-Wisconsin state line in Rock County.
32,2212 Section 2212. 84.013 (3) (bh) of the statutes is created to read:
84.013 (3) (bh) STH 38 extending approximately 9 miles from CTH "K" in Racine County to Oakwood Road in Milwaukee County.
32,2213 Section 2213. 84.013 (3) (bp) of the statutes is created to read:
84.013 (3) (bp) USH 10 and USH 10/STH 441 extending approximately 5 miles from CTH "CB" in Winnebago County to Oneida Street in Calumet County.
32,2214 Section 2214. 84.013 (3) (bt) of the statutes is created to read:
84.013 (3) (bt) STH 15 extending approximately 11 miles from STH 76 to USH 45, near New London, in Outagamie County.
32,2215 Section 2215. 84.013 (4) (a) of the statutes is amended to read:
84.013 (4) (a) Subject to s. 13.489 (1m), in preparation for future major highway projects, the department may perform preliminary engineering and design work and studies for possible major highway projects not listed under sub. (3), but no major highway may be constructed unless the project is listed under sub. (3) or approved under sub. (6).
32,2216 Section 2216. 84.013 (9) of the statutes is amended to read:
84.013 (9) If the department, in consultation with the department of commerce, determines that a business development having a payroll exceeding $10,000,000 in a calendar year is being located within a 3-mile radius of the intersection of I 90 and Town Line Road in Rock County, the department shall construct an interchange funded from the appropriations under s. 20.395 (3) (cq) to (cx) off of I 90 to Town Line Road.
32,2217 Section 2217. 84.014 (2) of the statutes is amended to read:
84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under ss. 20.395 (3) (cr), (ct), (cw), and (cy) and 20.866 (2) (uum) and (uup).
32,2218 Section 2218. 84.014 (6) of the statutes is created to read:
84.014 (6) (a) A southeast Wisconsin freeway rehabilitation project under this section may not simultaneously be considered a southeast Wisconsin freeway megaproject under s. 84.0145.
(b) Notwithstanding sub. (5m), a southeast Wisconsin freeway rehabilitation project under this section may also be considered a major highway project, eligible for funding under s. 84.013 (2) (a), if the project meets the criteria for a major highway project under s. 84.013 (1) (a) and satisfies all applicable requirements under ss. 13.489 and 84.013.
(c) Notwithstanding sub. (5m), a southeast Wisconsin freeway rehabilitation project under this section may also be eligible for funding under s. 84.013 (2) (b) if the project is not considered a southeast Wisconsin freeway megaproject under s. 84.0145 or a major highway project under s. 84.013.
32,2219 Section 2219. 84.0145 of the statutes is created to read:
84.0145 Southeast Wisconsin freeway megaprojects. (1) In this section:
(a) "I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1.
(b) "Southeast Wisconsin freeway" has the meaning given in s. 84.014 (1) (e).
(c) "Southeast Wisconsin freeway megaproject" means any project on a southeast Wisconsin freeway having a total cost of more than $500 million, subject to adjustment under sub. (4).
(d) "Zoo interchange" has the meaning given in s. 84.014 (5m) (ag) 2.
(2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq), (av), (ax), and (ct) and 20.866 (2) (uup).
(3) (a) The department may not encumber or expend any moneys for construction of a southeast Wisconsin freeway megaproject unless the project is specifically enumerated in a list under par. (b).
(b) The department may provide funding for the following southeast Wisconsin freeway megaprojects:
1. The I 94 north-south corridor project.
2. The Zoo interchange project.
(4) The department shall annually adjust the amount specified in sub. (1) (c) to reflect the annual change in the Wisconsin Department of Transportation Price Index, Yearly Moving Average, as maintained by the department or, if at any time the department no longer maintains this index, another suitable index as determined by the department. Beginning in 2012, prior to October 1 of each year, the department shall compute the annual adjustment required under this subsection and shall publish the new adjusted amount applicable under sub. (1) (c), which amount shall become effective on October 1 of that year. The department may not adjust the amount specified in sub. (1) (c) to an amount less than that specified in sub. (1) (c).
32,2220 Section 2220. 84.016 (2) of the statutes is amended to read:
84.016 (2) Notwithstanding ss. 84.013, 84.51, 84.52, 84.53, 84.555, and 84.95, but subject to sub. (3) and s. 86.255, this state's share of costs for any major interstate bridge project, including preliminary design work for the project, may be funded only from the appropriations under ss. 20.395 (3) (dq), (dv), and (dx) and 20.866 (2) (ugm).
32,2221 Section 2221. 84.016 (3) of the statutes is repealed.
32,2221am Section 2221am. 84.017 of the statutes is created to read:
84.017 High-cost state highway bridge projects. (1) In this section, "high-cost state highway bridge project" means a project involving the construction or rehabilitation of a bridge on the state trunk highway system, including approaches, that has a total estimated cost of more than $150,000,000, but does not include any major interstate bridge project, as defined in s. 84.016 (1), or any project involving a bridge that is part of a southeast Wisconsin freeway megaproject enumerated under s. 84.0145 (3) (b).
(2) Subject to sub. (3) and s. 86.255, any high-cost state highway bridge project may be funded only from the appropriations under s. 20.395 (3) (dr), (dw), and (dy).
(3) During the 2011-13 fiscal biennium, the department may encumber or expend moneys from any of the appropriations under s. 20.395 (3) (aq), (av), (ax), (br), (bq), (bv), (bx), (cq), (cv), and (cx) for preliminary costs associated with the reconstruction of the Hoan Bridge and approaches to the east bank of the Milwaukee River on I-794 in Milwaukee County.
(4) A high-cost state highway bridge project under this section may not be considered a southeast Wisconsin freeway megaproject under s. 84.0145.
32,2221i Section 2221i. 84.07 (5) of the statutes is created to read:
84.07 (5) County highway department maintenance capacity and funding. (a) The department shall work cooperatively with county highway departments to determine an appropriate level of state work sufficient to fully utilize manpower and equipment needed for winter maintenance.
(b) Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of each biennial budget bill, if the department determines that funding for counties to perform needed maintenance activities is inadequate, the department shall include a funding proposal for maintenance activities performed by counties that is no less than the amount appropriated and allocated for this purpose for the second fiscal year of the fiscal biennium in which the information is submitted and that also includes an inflationary adjustment.
32,2222 Section 2222. 84.075 (1c) (a) of the statutes is amended to read:
84.075 (1c) (a) "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).
32,2223 Section 2223. 84.075 (1c) (b) of the statutes is amended to read:
84.075 (1c) (b) "Minority business" means a business certified by the department of commerce administration under s. 560.036 16.287 (2).
32,2224 Section 2224. 84.075 (3) of the statutes is amended to read:
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 under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses and disabled veteran-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 commerce safety and professional services as minority businesses or disabled veteran-owned businesses.
32,2225 Section 2225. 84.076 (1) (c) of the statutes is amended to read:
84.076 (1) (c) "Minority business" has the meaning given under s. 560.036 16.287 (1) (e) 1.
32,2226 Section 2226. 84.076 (1) (d) of the statutes is amended to read:
84.076 (1) (d) "Minority group member" has the meaning given under s. 560.036 16.287 (1) (f).
32,2227 Section 2227. 84.09 (5) (a) of the statutes is amended to read:
84.09 (5) (a) Subject to pars. (b) and (c) and to the approval of the governor, the department may sell at public or private sale property of whatever nature owned by the state and under the jurisdiction of the department when the department determines that the property is no longer necessary for the state's use for transportation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 16.310 (2). The department shall present to the governor a full and complete report of the property to be sold, the reason for the sale, and the minimum price for which the same should be sold, together with an application for the governor's approval of the sale. The governor shall thereupon make such investigation as he or she may deem necessary and approve or disapprove the application. Upon such approval and receipt of the full purchase price, the department shall by appropriate deed or other instrument transfer the property to the purchaser. The approval of the governor is not required for public or private sale of property having an appraised value at the time of sale of not more than $15,000, for the transfer of surplus state real property to the department of administration under s. 560.9810 16.310, or for the transfer of surplus state personal property to the department of tourism under sub. (5s). The funds derived from sales under this subsection shall be deposited in the transportation fund, and the expense incurred by the department in connection with the sale shall be paid from such fund.
32,2228 Section 2228. 84.09 (5) (b) of the statutes is amended to read:
84.09 (5) (b) Subject to the approval of the governor in the manner, scope, and form specified in par. (a), with respect to the sale of property acquired by the department for a project that is completed after May 25, 2006, the department shall, and with respect to the sale of property acquired by the department for a project that is completed before May 25, 2006, the department may offer for sale or transfer ownership of the property that the department determines is no longer necessary for the state's use for transportation purposes, if the property is not the subject of a petition under s. 560.9810 16.310 (2). This disposition process shall take place within 24 months of the completion of the transportation project for which the property was acquired. Except as provided in par. (c) 3., the department shall offer limited and general marketable properties at appraised value, as determined by a state-certified or licensed appraiser, for not less than 12 months. If the department does not sell the property at or above its appraised value, the department shall offer the property for sale by means of sealed bids or public auction. For the purposes of this paragraph, a project is completed when final payment is made under the contract for the project.
32,2229 Section 2229. 84.09 (5r) of the statutes is amended to read:
84.09 (5r) In lieu of the sale or conveyance of property under sub. (5) or (5m), the department may, subject to the approval of the governor, donate real property that is adjacent to the veterans memorial site located at The Highground in Clark County and owned by the state and under the jurisdiction of the department to the Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans memorial site located at The Highground in Clark County for the purpose of a memorial hall specified in s. 70.11 (9). The department may donate property under this subsection only when the department determines that the property is no longer necessary for the state's use for transportation purposes and is not the subject of a petition under s. 560.9810 16.310 (2) and is transferred with a restriction that the donee may not subsequently transfer the real property to any person except to this state, which shall not be charged for any improvements thereon. Such restriction shall be recorded in the office of the register of deeds in the county in which the property is located. The department shall present to the governor a full and complete report of the property to be donated, the reason for the donation, and the minimum price for which the property could likely be sold under sub. (5), together with an application for the governor's approval of the donation. The governor shall thereupon make such investigation as he or she considers necessary and approve or disapprove the application. Upon such approval, the department shall by appropriate deed or other instrument transfer the property to the donee. The approval of the governor is not required for donation of property having an appraised value at the time of donation of not more than $15,000. Any expense incurred by the department in connection with the donation shall be paid from the transportation fund.
32,2230 Section 2230. 84.185 (1) (a) of the statutes is amended to read:
84.185 (1) (a) "Business" has the meaning given in s. 560.60 (2) means a company located in this state, a company that has made a firm commitment to locate a facility in this state, or a group of companies at least 80 percent of which are located in this state.
32,2231 Section 2231. 84.185 (1) (b) of the statutes is amended to read:
84.185 (1) (b) "Governing body" has the meaning specified in s. 560.60 (6) means a county board, city council, village board, town board, regional planning commission or transit commission under s. 59.58 (2) or 66.1021.
32,2232 Section 2232. 84.185 (1) (ce) of the statutes is amended to read:
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.
32,2233g Section 2233g. 84.28 (1) of the statutes is amended to read:
84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) 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) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Wisconsin state riverway as defined in s. 30.40 (15). Outside the lower Wisconsin 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) 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. In ranking projects, the department of natural resources shall consider whether the project is for the renovation, marking, or maintenance of roads used for forestry management on property under the jurisdiction of the department of natural resources.
32,2233m Section 2233m. 84.30 (5r) of the statutes is created to read:
84.30 (5r) Signs nonconforming under local ordinances that are realigned because of state highway projects. (a) In this subsection, "realignment" means relocation on the same site.
(b) If a highway project of the department causes the realignment of a sign that does not conform to a local ordinance, the realignment shall not affect the sign's nonconforming status under the ordinance.
(c) If in connection with a highway project of the department the department proposes the realignment of a sign that does not conform to a local ordinance, the department shall notify the governing body of the municipality or county where the sign is located and which adopted the ordinance of the sign's proposed realignment. Upon receiving this notice, the governing body may petition the department to acquire the sign and any real property interest of the sign owner. If the department succeeds in condemning the sign, the governing body that made the petition to the department shall pay to the department an amount equal to the condemnation award, less relocation costs for the sign that would have been paid by the department if the sign had been realigned rather than condemned. Notwithstanding s. 86.30 (2) (a) 1. and (b) 1., 1g., and 1r., if the governing body fails to pay this amount, the department may reduce the municipality's or county's general transportation aid payment under s. 86.30 by an equal amount.
(d) This subsection does not permit the alteration or movement of a sign that is nonconforming under this section.
32,2234 Section 2234. 84.555 (1m) of the statutes is amended to read:
84.555 (1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014 and, for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1., for the reconstruction of the Zoo interchange, as defined in s. 84.014 (5m) (ag) 2., and southeast Wisconsin freeway megaprojects under s. 84.0145.
32,2235 Section 2235. 84.59 (2) (b) of the statutes is amended to read:
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) (a), 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, 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).
32,2236 Section 2236. 84.59 (6) of the statutes is amended to read:
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