SB27-SSA1,937,224
a. If a short segment of highway passes through a county and there is no access
25or only limited access to that short highway segment from other parts of the county,
1the department may contract with an adjoining county to maintain that short
2highway segment.
SB27-SSA1,937,63
b. The department may deploy county and municipal maintenance resources
4across county lines for winter maintenance such as snow plowing, salting, and
5deicing, for pothole filling, and for incidents such as pavement and deck failures,
6incident response, and bridge hits.
SB27-SSA1,937,108
84.07
(1) (c) 7. Restoring material losses, patching, mudjacking, joint filling,
9crack sealing, and interim short resurfacing projects that are less than 500 feet in
10length, less than three-fourths of an inch thick, and cost less than $25,000.
SB27-SSA1,937,1312
84.07
(1) (d) For purposes of this section, maintenance activities do not include
13any of the following:
SB27-SSA1,937,1414
1. A highway improvement, as defined in s. 84.06 (1).
SB27-SSA1,937,1615
2. A repair that is a capital investment which will improve a highway facility
16for at least 10 years.
SB27-SSA1,938,318
84.07
(2) Repayment for state work. When any county or municipality
19maintains the state trunk highways within or beyond the limits of the county or
20municipality, including interstate bridges, in compliance with the arrangement with
21the department
but subject to sub. (1) (b) 2., the department shall pay the actual cost
22of the maintenance, including the allowance for materials and the use of county or
23municipal machinery and overhead expenses agreed upon in advance. The
24payments shall be made upon presentation by the county highway committee or
25municipal clerk of a properly itemized and verified account. The county highway
1committee or municipal clerk shall present the itemized accounts for
general 2maintenance work no later than one month following the period during which the
3work is performed.
SB27-SSA1,938,85
84.07
(5) County highway department maintenance capacity and funding. (a)
6The department shall work cooperatively with county highway departments to
7determine an appropriate level of state work sufficient to fully utilize manpower and
8equipment needed for winter maintenance.
SB27-SSA1,938,159
(b) Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42
10for purposes of each biennial budget bill, if the department determines that funding
11for counties to perform needed maintenance activities is inadequate, the department
12shall include a funding proposal for maintenance activities performed by counties
13that is no less than the amount appropriated and allocated for this purpose for the
14second fiscal year of the fiscal biennium in which the information is submitted and
15that also includes an inflationary adjustment.
SB27-SSA1,938,1817
84.075
(1c) (a) "Disabled veteran-owned business" means a business certified
18by the department of
commerce administration under s.
560.0335 16.283 (3).
SB27-SSA1,938,2120
84.075
(1c) (b) "Minority business" means a business certified by the
21department of
commerce administration under s.
560.036 16.287 (2).
SB27-SSA1,939,623
84.075
(3) The department shall at least semiannually, or more often if
24required by the department of administration, report to the department of
25administration the total amount of money it has paid to contractors, subcontractors,
1and vendors that are minority businesses and that are disabled veteran-owned
2businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with
3minority businesses and disabled veteran-owned businesses in connection with
4proposed purchases and contracts. In its reports, the department shall include only
5amounts paid to businesses certified by the department of
commerce safety and
6professional services as minority businesses or disabled veteran-owned businesses.
SB27-SSA1,939,98
84.076
(1) (c) "Minority business" has the meaning given under s.
560.036 916.287 (1) (e) 1.
SB27-SSA1,939,1211
84.076
(1) (d) "Minority group member" has the meaning given under s.
12560.036 16.287 (1) (f).
SB27-SSA1,940,714
84.09
(5) (a) Subject to pars. (b) and (c) and to the approval of the governor, the
15department may sell at public or private sale property of whatever nature owned by
16the state and under the jurisdiction of the department when the department
17determines that the property is no longer necessary for the state's use for
18transportation purposes and, if real property, the real property is not the subject of
19a petition under s.
568.9810 16.310 (2). The department shall present to the governor
20a full and complete report of the property to be sold, the reason for the sale, and the
21minimum price for which the same should be sold, together with an application for
22the governor's approval of the sale. The governor shall thereupon make such
23investigation as he or she may deem necessary and approve or disapprove the
24application. Upon such approval and receipt of the full purchase price, the
25department shall by appropriate deed or other instrument transfer the property to
1the purchaser. The approval of the governor is not required for public or private sale
2of property having an appraised value at the time of sale of not more than $15,000,
3for the transfer of surplus state real property to the department of administration
4under s.
560.9810 16.310, or for the transfer of surplus state personal property to the
5department of tourism under sub. (5s). The funds derived from sales under this
6subsection shall be deposited in the transportation fund, and the expense incurred
7by the department in connection with the sale shall be paid from such fund.
SB27-SSA1,940,239
84.09
(5) (b) Subject to the approval of the governor in the manner, scope, and
10form specified in par. (a), with respect to the sale of property acquired by the
11department for a project that is completed after May 25, 2006, the department shall,
12and with respect to the sale of property acquired by the department for a project that
13is completed before May 25, 2006, the department may offer for sale or transfer
14ownership of the property that the department determines is no longer necessary for
15the state's use for transportation purposes, if the property is not the subject of a
16petition under s.
560.9810 16.310 (2). This disposition process shall take place within
1724 months of the completion of the transportation project for which the property was
18acquired. Except as provided in par. (c) 3., the department shall offer limited and
19general marketable properties at appraised value, as determined by a state-certified
20or licensed appraiser, for not less than 12 months. If the department does not sell
21the property at or above its appraised value, the department shall offer the property
22for sale by means of sealed bids or public auction. For the purposes of this paragraph,
23a project is completed when final payment is made under the contract for the project.
SB27-SSA1,941,24
184.09
(5r) In lieu of the sale or conveyance of property under sub. (5) or (5m),
2the department may, subject to the approval of the governor, donate real property
3that is adjacent to the veterans memorial site located at The Highground in Clark
4County and owned by the state and under the jurisdiction of the department to the
5Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans
6memorial site located at The Highground in Clark County for the purpose of a
7memorial hall specified in s. 70.11 (9). The department may donate property under
8this subsection only when the department determines that the property is no longer
9necessary for the state's use for transportation purposes and is not the subject of a
10petition under s.
560.9810 16.310 (2) and is transferred with a restriction that the
11donee may not subsequently transfer the real property to any person except to this
12state, which shall not be charged for any improvements thereon. Such restriction
13shall be recorded in the office of the register of deeds in the county in which the
14property is located. The department shall present to the governor a full and complete
15report of the property to be donated, the reason for the donation, and the minimum
16price for which the property could likely be sold under sub. (5), together with an
17application for the governor's approval of the donation. The governor shall
18thereupon make such investigation as he or she considers necessary and approve or
19disapprove the application. Upon such approval, the department shall by
20appropriate deed or other instrument transfer the property to the donee. The
21approval of the governor is not required for donation of property having an appraised
22value at the time of donation of not more than $15,000. Any expense incurred by the
23department in connection with the donation shall be paid from the transportation
24fund.
SB27-SSA1,942,4
184.185
(1) (a) "Business"
has the meaning given in s. 560.60 (2) means a
2company located in this state, a company that has made a firm commitment to locate
3a facility in this state, or a group of companies at least 80 percent of which are located
4in this state.
SB27-SSA1,942,86
84.185
(1) (b) "Governing body"
has the meaning specified in s. 560.60 (6) 7means a county board, city council, village board, town board, regional planning
8commission or transit commission under s. 59.58 (2) or 66.1021.
SB27-SSA1,942,1210
84.185
(1) (ce) "Job"
has the meaning specified in s. 560.17 (1) (bm) means a
11position providing full-time equivalent employment. "Job" does not include initial
12training before an employment position begins.
SB27-SSA1,943,714
84.28
(1) Moneys from the appropriation under s. 20.370 (7) (mc) may be
15expended for the renovation, marking and maintenance of a town or county highway
16located within the boundaries of any state park, state forest or other property under
17the jurisdiction of the department of natural resources. Moneys from the
18appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking
19and maintenance of a town or county highway located in the lower Wisconsin state
20riverway as defined in s. 30.40 (15). Outside the lower Wisconsin state riverway as
21defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property,
22moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the
23renovation, marking and maintenance of roads which the department of natural
24resources certifies are utilized by a substantial number of visitors to state parks,
25state forests or other property under the jurisdiction of the department of natural
1resources. The department of natural resources shall authorize expenditures under
2this subsection. The department of natural resources shall rank projects eligible for
3assistance under a priority system and funding may be restricted to those projects
4with highest priority.
In ranking projects, the department of natural resources shall
5consider whether the project is for the renovation, marking, or maintenance of roads
6used for forestry management on property under the jurisdiction of the department
7of natural resources.
SB27-SSA1,943,119
84.30
(5r) Signs nonconforming under local ordinances that are realigned
10because of state highway projects. (a) In this subsection, "realignment" means
11relocation on the same site.
SB27-SSA1,943,1412
(b) If a highway project of the department causes the realignment of a sign that
13does not conform to a local ordinance, the realignment shall not affect the sign's
14nonconforming status under the ordinance.
SB27-SSA1,944,215
(c) If in connection with a highway project of the department the department
16proposes the realignment of a sign that does not conform to a local ordinance, the
17department shall notify the governing body of the municipality or county where the
18sign is located and which adopted the ordinance of the sign's proposed realignment.
19Upon receiving this notice, the governing body may petition the department to
20acquire the sign and any real property interest of the sign owner. If the department
21succeeds in condemning the sign, the governing body that made the petition to the
22department shall pay to the department an amount equal to the condemnation
23award, less relocation costs for the sign that would have been paid by the department
24if the sign had been realigned rather than condemned. Notwithstanding s. 86.30 (2)
25(a) 1. and (b) 1., 1g., and 1r., if the governing body fails to pay this amount, the
1department may reduce the municipality's or county's general transportation aid
2payment under s. 86.30 by an equal amount.
SB27-SSA1,944,43
(d) This subsection does not permit the alteration or movement of a sign that
4is nonconforming under this section.
SB27-SSA1,944,136
84.555
(1m) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of
7general obligation bonds issued under s. 20.866 (2) (uum) are allocated for
8expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general
9obligation bonds issued under s. 20.866 (2) (uup) may be used to fund expenditure
10obligations for the Marquette interchange reconstruction project under s. 84.014
11and, for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014
12(5m) (ag) 1.
, for the reconstruction of the Zoo interchange, as defined in s. 84.014 (5m)
13(ag) 2., and southeast Wisconsin freeway megaprojects under s. 84.0145.
SB27-SSA1,945,615
84.59
(2) (b) The department may, under s. 18.562, deposit in a separate and
16distinct special fund outside the state treasury, in an account maintained by a
17trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2),
18(2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2),
19(2e), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and
20(5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265
21(1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305
22(3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14
, except
23s. 342.14 (1r), and from any payments received with respect to agreements or
24ancillary arrangements entered into under s. 18.55 (6) with respect to revenue
25obligations issued under this section. The revenues deposited are the trustee's
1revenues in accordance with the agreement between this state and the trustee or in
2accordance with the resolution pledging the revenues to the repayment of revenue
3obligations issued under this section. Revenue obligations issued for the purposes
4specified in sub. (1) and for the repayment of which revenues are deposited under this
5paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special
6fund programs, as defined in s. 18.52 (8).
SB27-SSA1,945,228
84.59
(6) The building commission may contract revenue obligations when it
9reasonably appears to the building commission that all obligations incurred under
10this section can be fully paid from moneys received or anticipated and pledged to be
11received on a timely basis. Except as provided in this subsection, the principal
12amount of revenue obligations issued under this section may not exceed
13$3,009,784,200 $3,351,547,300, excluding any obligations that have been defeased
14under a cash optimization program administered by the building commission, to be
15used for transportation facilities under s. 84.01 (28) and major highway projects for
16the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal
17amount, the building commission may contract revenue obligations under this
18section as the building commission determines is desirable to refund outstanding
19revenue obligations contracted under this section, to make payments under
20agreements or ancillary arrangements entered into under s. 18.55 (6) with respect
21to revenue obligations issued under this section, and to pay expenses associated with
22revenue obligations contracted under this section.
SB27-SSA1,946,7
2485.05 Evaluation of proposed major highway projects. The department
25by rule shall establish a procedure for numerically evaluating projects considered for
1enumeration under s. 84.013 (3) as a major highway project. The evaluation
2procedure may include any criteria that the department considers relevant. The
3rules shall establish a minimum score that a project shall meet or exceed when
4evaluated under the procedure established under this section before the department
5may recommend the project to the transportation projects commission for
6consideration under s. 13.489 (4).
This section does not apply to major highway
7projects identified in s. 84.013 (3) (ad).
SB27-SSA1,946,1410
85.063
(3) (b) 1. Upon completion of a planning study under sub. (2), or, to the
11satisfaction of the department, of a study under s. 85.022, a political subdivision in
12a county
, or a transit authority created under s. 66.1039, that includes the urban area
13may apply to the department for a grant for property acquisition for an urban rail
14transit system.
SB27-SSA1,946,1916
85.064
(1) (b) "Political subdivision" means any city, village, town, county,
or 17transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s.
1866.0301
, or transit authority created under s. 66.1039 within this state
or the
19southeastern regional transit authority under s. 59.58 (7).
SB27-SSA1, s. 2237p
20Section 2237p. 85.08 (4m) (c) (intro.) of the statutes is amended to read:
SB27-SSA1,947,1821
85.08
(4m) (c)
Railroad facilities acquisition grants and loans. (intro.) The
22department may make grants to eligible applicants for the purpose of preserving
23freight rail service through the acquisition of rail property. The grant may be
24composed of state funds, federal funds, state property, the use of state property, or
25any combination of state funds, federal funds, state property
, and the use of state
1property. No grant for the acquisition of rail property improvements may exceed 80%
2of the acquisition cost. No grant for the acquisition of rail property exclusive of rail
3property improvements may exceed 100% of the acquisition cost.
The department
4shall give priority in awarding grants to those projects for which the applicant agrees
5to pay greater than 20% of the cost of the acquisition of rail property improvements. 6A grant may be made to an eligible applicant before or after abandonment of a
7railroad line as defined in s. 85.09 (3). The department may permit an eligible
8applicant's share of an increase in the acquisition cost of rail property or rail property
9improvements to be paid in installments if the increase in acquisition cost is caused
10by negotiation or litigation. No grant may be made under this paragraph for the
11acquisition of rail property if the acquisition price exceeds an amount deemed
12reasonable by the department. If a grant is made to an eligible applicant under this
13paragraph, the department may award a loan to the eligible applicant for not more
14than 15% of the acquisition cost. A grant of money or a loan made under this
15paragraph shall be paid from the appropriation under s. 20.395 (2) (bq), (bu)
, or (bx)
16or 20.866 (2) (uw). The department shall administer this program and shall have all
17powers necessary and convenient to implement this paragraph and par. (d),
18including the following powers:
SB27-SSA1,948,1020
85.08
(4m) (d)
Railroad rehabilitation and construction grants and loans. The
21department may make grants to eligible applicants for the purpose of rehabilitating
22or constructing rail property improvements. Construction shall be limited to that
23which is required to continue rail service on a particular line or to provide alternative
24rail service when a line has been abandoned. A grant under this paragraph may be
25composed of state funds, federal funds, state property, the use of state property,
1technical assistance, or any combination of state funds, federal funds, state property,
2the use of state property
, and technical assistance. The value of a grant may not
3exceed 80% of the costs of rehabilitation or construction.
The department shall give
4priority in awarding grants to those projects for which the applicant agrees to pay
5greater than 20% of the costs of rehabilitation or construction. If a grant is made to
6an eligible applicant under this paragraph, the department may award a loan to the
7eligible applicant for not more than 15% of the rehabilitation or construction costs.
8A grant may be made before or after abandonment of a railroad line as defined in s.
985.09 (3). A grant or loan made under this paragraph shall be paid from the
10appropriation under s. 20.395 (2) (bq), (bu)
, or (bx) or 20.866 (2) (uw).
SB27-SSA1,948,2112
85.09
(4i) Disposal of rail property. The department shall sell at public or
13private sale rail property acquired under sub. (4) when the department determines
14that the rail property is not necessary for a public purpose and, if real property, the
15real property is not the subject of a petition under s.
568.9810 16.310 (2). Upon
16receipt of the full purchase price, the department shall, by appropriate deed or other
17instrument, transfer the rail property to the purchaser. The funds derived from sales
18under this subsection shall be deposited in the transportation fund, and the expense
19incurred by the department in connection with the sale shall be paid from the
20appropriation under s. 20.395 (2) (bq). This subsection does not apply to real
21property that is sold under s. 16.848.
SB27-SSA1,949,223
85.09
(4m) Relocation plan. The department is exempt from s. 32.25 (1) if the
24department determines that acquiring rail property under this section will not result
25in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a
1statement of its determinations with the
department of commerce Wisconsin
2Housing and Economic Development Authority.
SB27-SSA1,949,84
85.095
(2) (b) To establish criteria for evaluating applications for harbor
5assistance grants in order to provide for the disbursement of grants. In establishing
6these criteria, the department
shall consult with the department of commerce and 7shall give priority to applicants based on the amount of tonnage and waterborne
8transportation handled in the harbor.
SB27-SSA1,949,12
1185.14 (title)
Payments of fees and deposits by credit card, debit card,
12or other electronic payment mechanism; electronic transactions.
SB27-SSA1,949,2514
85.14
(1) (a) The department may accept payment by credit card, debit card,
15or any other electronic payment mechanism of
a
any fee that is required to be paid
16to the department
under ch. 194, 218, 341, 342, 343 or 348. The department shall
17determine which fees may be paid by credit card, debit card, or any other electronic
18payment mechanism and the manner in which the payments may be made. If the
19department permits the payment of a fee by credit card, debit card, or any other
20electronic payment mechanism, the department may charge a convenience fee for
21each transaction in an amount to be established by rule. The convenience fee shall
22approximate the cost to the department for providing this service to persons who
23request it. If the department permits the payment of a fee by credit card, debit card,
24or any other electronic payment mechanism, the department may charge a service
25fee of $2.50 for each transaction until a rule is promulgated under this paragraph.
SB27-SSA1,950,52
85.14
(3) The department may establish procedures for conducting any
3transaction in an electronic format or using an electronic process. Any form
4prescribed by the department may be prescribed in an automated format to facilitate
5the department's authority under this subsection.
SB27-SSA1,950,177
85.14
(4) The department may promulgate rules requiring a person to pay an
8additional fee for conducting an in-person, telephone, or paper transaction in lieu
9of using an electronic filing or submission option when the department has made an
10electronic filing or submission option available. These rules providing for an
11additional fee shall not apply to individuals unless the department offered an
12electronic filing or submission option in connection with a service on the effective
13date of this subsection .... [LRB inserts date], and the department charged an
14additional fee to individuals for electing this option as of that date. These rules may
15provide for exemptions from the additional fee for designated categories of persons
16or transactions. The fee authorized under this subsection is in addition to any other
17fee that may be imposed by the department.
SB27-SSA1,950,20
1985.193 Borrow and material disposal sites for transportation projects. 20(1) Definitions. In this section:
SB27-SSA1,950,2321
(a) "Borrow" means soil or a mixture of soil and stone, gravel, or other material
22suitable for use in the construction of embankments or other similar earthworks
23constructed as part of a transportation project.
SB27-SSA1,950,2524
(b) "Borrow site" means a site off of the transportation project property from
25which borrow is excavated for use in a transportation project.
SB27-SSA1,951,7
1(c) "Material disposal site" means a site off of the transportation project
2property used for the lawful disposal of surplus materials from a transportation
3project and that is under the direct control of the transportation project contractor
4or a transportation project subcontractor. "Material disposal site" does not include
5a private landfill that is not managed by the transportation project contractor or a
6transportation project subcontractor or a landfill that is owned or directly controlled
7by a political subdivision.
SB27-SSA1,951,88
(d) "Political subdivision" means a city, village, town, or county.
SB27-SSA1,951,129
(e) "Transportation project" means a construction or maintenance project
10directed and supervised by the department that relates to an airport, railroad,
11highway, bridge, or other transportation facility and that is subject to an agreement
12under s. 30.2022.
SB27-SSA1,951,15
13(2) Exemption from local zoning. No zoning ordinance enacted under s. 59.69,
1460.61, 60.62, 61.35, or 62.23 may apply to a borrow site or material disposal site if
15all of the following apply:
SB27-SSA1,951,1716
(a) The owner of the property consents to the establishment of a site on his or
17her property.
SB27-SSA1,951,2018
(b) The department determines that the site is not a commercial establishment
19that has a fixed place of business from which the establishment regularly supplies
20processed or manufactured materials or products.
SB27-SSA1,951,2221
(c) The transportation project contractor assumes sole responsibility for the
22operation of the site.
SB27-SSA1,951,2423
(d) The site is used solely for the specified transportation project and solely
24during the period of construction of the specified transportation project.
SB27-SSA1,952,4
1(e) The transportation project contractor or a transportation project
2subcontractor does not crush, screen, wash, blast, or apply another manufacturing
3process to mineral aggregate from the borrow site, on or off the borrow site, to
4produce finished aggregate products.
SB27-SSA1,952,55
(g) The transportation project contractor complies with all of the following:
SB27-SSA1,952,76
1. Any applicable noise limit standards for mine and quarry operations
7established under s. 101.15 (2) (e).