Amendment ASA1-AB40

AB40-ASA1,898,23 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).

AB40-ASA1, s. 2216 Section 2216. 84.013 (9) of the statutes is amended to read:

AB40-ASA1,899,6 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.

AB40-ASA1, s. 2217 Section 2217. 84.014 (2) of the statutes is amended to read:

AB40-ASA1,899,12 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).

AB40-ASA1, s. 2218 Section 2218. 84.014 (6) of the statutes is created to read:

AB40-ASA1,899,16 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.

AB40-ASA1,899,21 (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.

AB40-ASA1,899,25 (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.

AB40-ASA1, s. 2219 Section 2219. 84.0145 of the statutes is created to read:

AB40-ASA1,900,2 84.0145 Southeast Wisconsin freeway megaprojects. (1) In this section:

AB40-ASA1,900,3 (a) "I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1.

AB40-ASA1,900,4 (b) "Southeast Wisconsin freeway" has the meaning given in s. 84.014 (1) (e).

AB40-ASA1,900,7 (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).

AB40-ASA1,900,8 (d) "Zoo interchange" has the meaning given in s. 84.014 (5m) (ag) 2.

AB40-ASA1,900,11 (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).

AB40-ASA1,900,14 (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).

AB40-ASA1,900,16 (b) The department may provide funding for the following southeast Wisconsin freeway megaprojects:

AB40-ASA1,900,17 1. The I 94 north-south corridor project.

AB40-ASA1,900,18 2. The Zoo interchange project.

AB40-ASA1,901,3 (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).

AB40-ASA1, s. 2220 Section 2220. 84.016 (2) of the statutes is amended to read:

AB40-ASA1,901,8 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).

AB40-ASA1, s. 2221 Section 2221. 84.016 (3) of the statutes is repealed.

AB40-ASA1, s. 2221am Section 2221am. 84.017 of the statutes is created to read:

AB40-ASA1,901,17 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).

AB40-ASA1,901,19 (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).

AB40-ASA1,901,24 (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.

AB40-ASA1,902,2 (4) A high-cost state highway bridge project under this section may not be considered a southeast Wisconsin freeway megaproject under s. 84.0145.

AB40-ASA1, s. 2221b Section 2221b. 84.04 (1) (cm) of the statutes is created to read:

AB40-ASA1,902,6 84.04 (1) (cm) "Special maintenance activities" include the restoration, reinforcement, complete repair, or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system.

AB40-ASA1, s. 2221c Section 2221c. 84.04 (2) of the statutes is amended to read:

AB40-ASA1,902,14 84.04 (2) The department may construct and maintain parking areas, including car pool parking areas, waysides, overlooks, windbreak hedges, turnouts and carry on roadside improvement along, or in close proximity with state trunk highways. These activities may be performed within highway rights-of-way and upon lands otherwise publicly owned or controlled, or on lands acquired in proximity therewith. The department may acquire lands needed for such purposes. The activities authorized under this subsection include special maintenance activities.

AB40-ASA1, s. 2221cb Section 2221cb. 84.06 (2) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,903,13 84.06 (2) All such highway improvements shall be executed by contract based on bids unless sub. (3) applies or unless the department finds that another method as provided in sub. (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. The department may employ an accelerated bidding process if an improvement project is unexpectedly needed and the normal timelines and bidding documents allow insufficient time to follow uniform methods. 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.

AB40-ASA1, s. 2221cf Section 2221cf. 84.06 (2) (a) of the statutes is renumbered 84.06 (2) and amended to read:

AB40-ASA1,904,12 84.06 (2) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (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 The department may employ an accelerated bidding process if an improvement project is unexpectedly needed and the normal timelines and bidding documents allow insufficient time to follow uniform methods. 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.

AB40-ASA1, s. 2221d Section 2221d. 84.06 (2) (b) of the statutes is repealed.

AB40-ASA1, s. 2221e Section 2221e. 84.06 (3) of the statutes is amended to read:

AB40-ASA1,905,10 84.06 (3) Contracts with county or municipality; direct labor; materials for emergency projects. If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, For any improvement determined by the department to be an emergency and for which no private contractors are available to perform the work, the department may, by arrangement with the county highway committee of the county, without competitive bidding, enter into a contract satisfactory to the department with a county, city, village, or town to have the work done by the county forces and equipment of the county, city, village, or town. In such contract the department may authorize the county , city, village, or town to purchase, deliver, and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town, or a village and the state. In such cases, the governing body of the city, town, or village shall enter into the agreement on behalf of the municipality.

AB40-ASA1, s. 2221ed Section 2221ed. 84.07 (1) of the statutes is renumbered 84.07 (1) (a) and amended to read:

AB40-ASA1,905,15 84.07 (1) (a) The state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and.

AB40-ASA1,905,20 (b) 1. Subject to subd. 2., the department may contract with any county highway committee or municipality to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the county or municipality, and any county or municipality may enter into such contract. General

AB40-ASA1,905,22 (c) For purposes of this section, maintenance activities include the all of the following:

AB40-ASA1,905,23 1. The application of protective coatings, the.

AB40-ASA1,905,24 2. The removal and control of snow, the.

AB40-ASA1,905,25 3. The removal, treatment, and sanding of ice, interim.

AB40-ASA1,906,1 4. Interim repair of highway surfaces and adjacent structures, and all.

AB40-ASA1,906,3 9. All other operations, activities, and processes required on a continuing basis for the preservation of the highways on the state trunk system, and including the.

AB40-ASA1,906,7 5. The care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to s. 66.1037, and all measures deemed necessary to provide adequate traffic service. Special maintenance activities include the restoration.

AB40-ASA1,906,12 8. The preservation, reinforcement, complete and repair of travel surfaces, shoulders, roadsides and traffic weigh stations, park and ride lots, drainage facilities, bridges, and tunnels, or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system. Maintenance activities also include the.

AB40-ASA1,906,15 6. The installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.

AB40-ASA1,906,19 (e) The department may contract with a private entity for services or materials or both associated with the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems under this subsection.

AB40-ASA1, s. 2221em Section 2221em. 84.07 (1) (b) 2. of the statutes is created to read:

AB40-ASA1,906,23 84.07 (1) (b) 2. The department may contract with a county highway committee or municipality to have maintenance work performed under subd. 1. beyond the limits of the county or municipality only as follows:

AB40-ASA1,907,2 a. If a short segment of highway passes through a county and there is no access or only limited access to that short highway segment from other parts of the county, the department may contract with an adjoining county to maintain that short highway segment.

AB40-ASA1,907,6 b. The department may deploy county and municipal maintenance resources across county lines for winter maintenance such as snow plowing, salting, and deicing, for pothole filling, and for incidents such as pavement and deck failures, incident response, and bridge hits.

AB40-ASA1, s. 2221f Section 2221f. 84.07 (1) (c) 7. of the statutes is created to read:

AB40-ASA1,907,10 84.07 (1) (c) 7. Restoring material losses, patching, mudjacking, joint filling, crack sealing, and interim short resurfacing projects that are less than 500 feet in length, less than three-fourths of an inch thick, and cost less than $25,000.

AB40-ASA1, s. 2221g Section 2221g. 84.07 (1) (d) of the statutes is created to read:

AB40-ASA1,907,13 84.07 (1) (d) For purposes of this section, maintenance activities do not include any of the following:

AB40-ASA1,907,14 1. A highway improvement, as defined in s. 84.06 (1).

AB40-ASA1,907,16 2. A repair that is a capital investment which will improve a highway facility for at least 10 years.

AB40-ASA1, s. 2221h Section 2221h. 84.07 (2) of the statutes is amended to read:

AB40-ASA1,908,3 84.07 (2) Repayment for state work. When any county or municipality maintains the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, in compliance with the arrangement with the department but subject to sub. (1) (b) 2., the department shall pay the actual cost of the maintenance, including the allowance for materials and the use of county or municipal machinery and overhead expenses agreed upon in advance. The payments shall be made upon presentation by the county highway committee or municipal clerk of a properly itemized and verified account. The county highway committee or municipal clerk shall present the itemized accounts for general maintenance work no later than one month following the period during which the work is performed.

AB40-ASA1, s. 2221i Section 2221i. 84.07 (5) of the statutes is created to read:

AB40-ASA1,908,8 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.

AB40-ASA1,908,15 (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.

AB40-ASA1, s. 2222 Section 2222. 84.075 (1c) (a) of the statutes is amended to read:

AB40-ASA1,908,18 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).

AB40-ASA1, s. 2223 Section 2223. 84.075 (1c) (b) of the statutes is amended to read:

AB40-ASA1,908,21 84.075 (1c) (b) "Minority business" means a business certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 2224 Section 2224. 84.075 (3) of the statutes is amended to read:

AB40-ASA1,909,6 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.

AB40-ASA1, s. 2225 Section 2225. 84.076 (1) (c) of the statutes is amended to read:

AB40-ASA1,909,9 84.076 (1) (c) "Minority business" has the meaning given under s. 560.036 16.287 (1) (e) 1.

AB40-ASA1, s. 2226 Section 2226. 84.076 (1) (d) of the statutes is amended to read:

AB40-ASA1,909,12 84.076 (1) (d) "Minority group member" has the meaning given under s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 2227 Section 2227. 84.09 (5) (a) of the statutes is amended to read:

AB40-ASA1,910,7 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. 568.9810 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.

AB40-ASA1, s. 2228 Section 2228. 84.09 (5) (b) of the statutes is amended to read:

AB40-ASA1,910,23 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.

AB40-ASA1, s. 2229 Section 2229. 84.09 (5r) of the statutes is amended to read:

AB40-ASA1,911,24 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.

AB40-ASA1, s. 2230 Section 2230. 84.185 (1) (a) of the statutes is amended to read:

AB40-ASA1,912,4 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.

AB40-ASA1, s. 2231 Section 2231. 84.185 (1) (b) of the statutes is amended to read:

AB40-ASA1,912,8 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.

AB40-ASA1, s. 2232 Section 2232. 84.185 (1) (ce) of the statutes is amended to read: