AB40: Bill Text

AB40, s. 2191 Section 2191. 79.035 (1) of the statutes is amended to read:

AB40,897,6 79.035 (1) In 2004 and subsequent years, except as provided under s. 79.02 (4) and (5), each county and municipality shall receive a payment from the county and municipal aid account and, beginning with payments in November 2009, from the appropriation accounts under s. 20.835 (1) (q) and (r) in an amount determined under sub. (2).

AB40, s. 2192 Section 2192. 79.04 (7) (a) of the statutes is amended to read:

AB40,897,18 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as described in sub. (6) (a), other than a nuclear-powered production plant, is built on the site of, or on a site adjacent to, an existing or decommissioned production plant; or is built on a site purchased by a public utility before January 1, 1980, that was identified in an advance plan as a proposed site for a production plant; or is built on, or on a site adjacent to, brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., after December 31, 2003, and has a name-plate capacity of at least one megawatt, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment in an amount that is equal to the number of megawatts that represents the production plant's name-plate capacity, multiplied by $600.

AB40, s. 2193 Section 2193. 79.043 (6) of the statutes is amended to read:

AB40,897,23 79.043 (6) For the distribution in 2011 and subsequent years, each county and municipality shall receive a payment under this section and s. 79.035 that is equal to the amount of the payment determined for the county or municipality under s. 79.02 (4) in 2010.

AB40, s. 2194 Section 2194. 79.043 (7) of the statutes is created to read:

AB40,898,4 79.043 (7) For the distribution in 2012 and subsequent years, each county and municipality shall receive a payment under this section and s. 79.035 that is equal to the amount of the payment determined for the county or municipality under s. 79.02 (5) for 2012.

AB40, s. 2195 Section 2195. 79.05 (1) (am) of the statutes is amended to read:

AB40,898,10 79.05 (1) (am) "Inflation factor" means a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year before the statement under s. 79.015, except that the percentage under this paragraph shall not be less than 3 percent zero.

AB40, s. 2196 Section 2196. 84.01 (6m) (b) (intro.) of the statutes is amended to read:

AB40,898,14 84.01 (6m) (b) (intro.) The department, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the department:

AB40, s. 2197 Section 2197. 84.01 (11m) (title) of the statutes is amended to read:

AB40,898,17 84.01 (11m) (title) Economic development assistance coordination and reporting.

AB40, s. 2198 Section 2198. 84.01 (11m) of the statutes is renumbered 84.01 (11m) (b) and amended to read:

AB40,899,2 84.01 (11m) (b) Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (6m) (a), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40, s. 2199 Section 2199. 84.01 (11m) (a) of the statutes is created to read:

AB40,899,5 84.01 (11m) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40, s. 2200 Section 2200. 84.01 (13) of the statutes is renumbered 84.01 (13) (b) and amended to read:

AB40,899,19 84.01 (13) (b) 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.

AB40, s. 2201 Section 2201. 84.01 (33) (c) of the statutes is repealed.

AB40, s. 2202 Section 2202. 84.013 (1) (a) (intro.) of the statutes is amended to read:

AB40,899,25 84.013 (1) (a) (intro.) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state or a southeast Wisconsin freeway rehabilitation project under s. 84.014, which megaproject under s. 84.0145, that satisfies any of the following:

AB40,900,2 1m. The project has a total cost of more than $5,000,000 $30,000,000, subject to adjustment under sub. (2m), and which involves any of the following:

AB40, s. 2203 Section 2203. 84.013 (1) (a) 1. of the statutes is renumbered 84.013 (1) (a) 1m. a.

AB40, s. 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:

AB40,900,10 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.

AB40, s. 2205 Section 2205. 84.013 (1) (a) 2m. of the statutes is created to read:

AB40,900,13 84.013 (1) (a) 2m. The project has a total cost of more than $75,000,000, subject to adjustment under sub. (2m).

AB40, s. 2206 Section 2206. 84.013 (1) (a) 3. of the statutes is renumbered 84.013 (1) (a) 1m. c.

AB40, s. 2207 Section 2207. 84.013 (2) (a) of the statutes is amended to read:

AB40,900,19 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).

AB40, s. 2208 Section 2208. 84.013 (2) (b) of the statutes is amended to read:

AB40,900,24 84.013 (2) (b) Except as provided in ss. 84.014, 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).

AB40, s. 2209 Section 2209. 84.013 (2m) of the statutes is created to read:

AB40,901,10 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.

AB40, s. 2210 Section 2210. 84.013 (3) (ad) of the statutes is created to read:

AB40,901,13 84.013 (3) (ad) Notwithstanding s. 13.489 (4) (c), any project approved by the transportation projects commission under s. 13.489 (4m) (b).

AB40, s. 2211 Section 2211. 84.013 (3) (bd) of the statutes is created to read:

AB40,901,16 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.

AB40, s. 2212 Section 2212. 84.013 (3) (bh) of the statutes is created to read:

AB40,901,19 84.013 (3) (bh) STH 38 extending approximately 9 miles from CTH "K" in Racine County to Oakwood Road in Milwaukee County.

AB40, s. 2213 Section 2213. 84.013 (3) (bp) of the statutes is created to read:

AB40,901,22 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.

AB40, s. 2214 Section 2214. 84.013 (3) (bt) of the statutes is created to read:

AB40,901,25 84.013 (3) (bt) STH 15 extending approximately 11 miles from STH 76 to USH 45, near New London, in Outagamie County.

AB40, s. 2215 Section 2215. 84.013 (4) (a) of the statutes is amended to read:

AB40,902,6 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, s. 2216 Section 2216. 84.013 (9) of the statutes is amended to read:

AB40,902,13 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, s. 2217 Section 2217. 84.014 (2) of the statutes is amended to read:

AB40,902,19 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, s. 2218 Section 2218. 84.014 (6) of the statutes is created to read:

AB40,902,23 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.

AB40,903,3 (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.

AB40,903,7 (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, s. 2219 Section 2219. 84.0145 of the statutes is created to read:

AB40,903,9 84.0145 Southeast Wisconsin freeway megaprojects. (1) In this section:

AB40,903,10 (a) "I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1.

AB40,903,11 (b) "Southeast Wisconsin freeway" has the meaning given in s. 84.014 (1) (e).

AB40,903,14 (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).

AB40,903,15 (d) "Zoo interchange" has the meaning given in s. 84.014 (5m) (ag) 2.

AB40,903,18 (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).

AB40,903,21 (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).

AB40,903,23 (b) The department may provide funding for the following southeast Wisconsin freeway megaprojects:

AB40,903,24 1. The I 94 north-south corridor project.

AB40,903,25 2. The Zoo interchange project.

AB40,904,10 (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, s. 2220 Section 2220. 84.016 (2) of the statutes is amended to read:

AB40,904,15 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, s. 2221 Section 2221. 84.016 (3) of the statutes is repealed.

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

AB40,904,20 84.075 (1c) (a) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

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

AB40,904,23 84.075 (1c) (b) "Minority business" means a business certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

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

AB40,905,9 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, s. 2225 Section 2225. 84.076 (1) (c) of the statutes is amended to read:

AB40,905,12 84.076 (1) (c) "Minority business" has the meaning given under s. 560.036 490.04 (1) (e) 1.

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

AB40,905,15 84.076 (1) (d) "Minority group member" has the meaning given under s. 560.036 490.04 (1) (f).

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

AB40,906,10 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 (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, 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, s. 2228 Section 2228. 84.09 (5) (b) of the statutes is amended to read:

AB40,907,2 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 (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, s. 2229 Section 2229. 84.09 (5r) of the statutes is amended to read:

AB40,908,2 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 (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, s. 2230 Section 2230. 84.185 (1) (a) of the statutes is amended to read:

AB40,908,7 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.