AB40: Bill Text

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.

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

AB40,908,11 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, s. 2232 Section 2232. 84.185 (1) (ce) of the statutes is amended to read:

AB40,908,15 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.

AB40, s. 2233 Section 2233. 84.27 of the statutes is amended to read:

AB40,909,7 84.27 Institution roads. The department may administer a program to improve highways forming convenient connections between the University of Wisconsin System, the University of Wisconsin–Madison, and state charitable or penal institutions, and the state trunk highway system, or to construct roadways under or over state trunk highways that pass through the grounds thereof, or to construct and maintain all drives and roadways on such grounds or the grounds of the state capitol. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority of the department, upon the request for such work filed by the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin–Madison, or the state boards, commissions, departments or officers, respectively, as to such work in connection with the institution controlled by them. The cost of any work under this section shall be the responsibility of the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin–Madison, or the state boards, commissions, departments or officers involved.

AB40, s. 2234 Section 2234. 84.555 (1m) of the statutes is amended to read:

AB40,909,16 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.

AB40, s. 2235 Section 2235. 84.59 (2) (b) of the statutes is amended to read:

AB40,910,9 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), 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).

AB40, s. 2236 Section 2236. 84.59 (6) of the statutes is amended to read:

AB40,910,25 84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $3,009,784,200 $3,351,547,300, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

AB40, s. 2237 Section 2237. 85.05 of the statutes is amended to read:

AB40,911,10 85.05 Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under s. 13.489 (4). This section does not apply to major highway projects identified in s. 84.013 (3) (ad).

AB40, s. 2238 Section 2238. 85.09 (4i) of the statutes is amended to read:

AB40,911,21 85.09 (4i) Disposal of rail property. The department shall sell at public or private sale rail property acquired under sub. (4) when the department determines that the rail property is not necessary for a public purpose and, if real property, the real property is not the subject of a petition under s. 560.9810 (2). Upon receipt of the full purchase price, the department shall, by appropriate deed or other instrument, transfer the rail property to the purchaser. 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 the appropriation under s. 20.395 (2) (bq). This subsection does not apply to real property that is sold under s. 16.848.

AB40, s. 2239 Section 2239. 85.09 (4m) of the statutes is amended to read:

AB40,912,2 85.09 (4m) Relocation plan. The department is exempt from s. 32.25 (1) if the department determines that acquiring rail property under this section will not result in any displaced persons as defined in s. 32.19 (2) (e). The department shall file a statement of its determinations with the department of commerce Wisconsin Housing and Economic Development Authority.

AB40, s. 2240 Section 2240. 85.095 (2) (b) of the statutes is repealed.

AB40, s. 2241 Section 2241. 85.11 of the statutes is repealed.

AB40, s. 2242 Section 2242. 85.14 (title) of the statutes is amended to read:

AB40,912,7 85.14 (title) Payments of fees and deposits by credit card, debit card, or other electronic payment mechanism; electronic transactions.

AB40, s. 2243 Section 2243. 85.14 (1) (a) of the statutes is amended to read:

AB40,912,20 85.14 (1) (a) The department may accept payment by credit card, debit card, or any other electronic payment mechanism of a any fee that is required to be paid to the department under ch. 194, 218, 341, 342, 343 or 348. The department shall determine which fees may be paid by credit card, debit card, or any other electronic payment mechanism and the manner in which the payments may be made. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a convenience fee for each transaction in an amount to be established by rule. The convenience fee shall approximate the cost to the department for providing this service to persons who request it. If the department permits the payment of a fee by credit card, debit card, or any other electronic payment mechanism, the department may charge a service fee of $2.50 for each transaction until a rule is promulgated under this paragraph.

AB40, s. 2244 Section 2244. 85.14 (3) of the statutes is created to read:

AB40,912,25 85.14 (3) The department may establish procedures for conducting any transaction in an electronic format or using an electronic process. Any form prescribed by the department may be prescribed in an automated format to facilitate the department's authority under this subsection.

AB40, s. 2245 Section 2245. 85.14 (4) of the statutes is created to read:

AB40,913,8 85.14 (4) The department may promulgate rules requiring a person to pay an additional fee for conducting an in-person, telephone, or paper transaction in lieu of using an electronic filing or submission option when the department has made an electronic filing or submission option available. These rules may provide for exemptions from the additional fee for designated categories of persons or transactions. The fee authorized under this subsection is in addition to any other fee that may be imposed by the department.

AB40, s. 2246 Section 2246. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB40,913,20 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $63,784,700 for aid payable for calendar year 2008, $65,299,200 for aid payable for calendar year 2009, $66,585,600 for aid payable for calendar year 2010, and $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year 2012 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB40, s. 2247 Section 2247 . 85.20 (4m) (a) 6. cm. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,914,6 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht) (hc), the department shall pay $66,585,600 for aid payable for calendar year 2010, $68,583,200 for aid payable for calendar year 2011, and $61,724,900 for aid payable for calendar year 2012 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB40, s. 2248 Section 2248. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB40,914,18 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,754,000 for aid payable for calendar year 2008, $17,158,400 for aid payable for calendar year 2009, $17,496,400 for aid payable for calendar year 2010, and $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year 2012 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB40, s. 2249 Section 2249 . 85.20 (4m) (a) 6. d. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,915,4 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu) (hd), the department shall pay $17,496,400 for aid payable for calendar year 2010, $18,021,300 for aid payable for calendar year 2011, and $16,219,200 for aid payable for calendar year 2012 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB40, s. 2250 Section 2250. 85.20 (4m) (a) 6. e. of the statutes is amended to read:

AB40,915,10 85.20 (4m) (a) 6. e. From the appropriation under s. 20.395 (1) (hw) (he), the department may pay the uniform percentage for each eligible applicant for a commuter or light rail system that has been enumerated under s. 85.062 (3). An eligible applicant may not receive aid under subd. 6. cm. or d., 7., or 8. for a commuter rail or light rail transit system.

AB40, s. 2251 Section 2251. 85.20 (4m) (a) 7. a. of the statutes is amended to read:

AB40,915,17 85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr) (ha), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urbanized area having a population as shown in the 2000 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6.

AB40, s. 2252 Section 2252. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB40,915,24 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,034,400 in calendar year 2008, $24,614,500 in calendar year 2009, $25,099,500 in calendar year 2010, and $25,852,500 in calendar year 2011, and $23,267,200 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40, s. 2253 Section 2253. 85.20 (4m) (a) 8. a. of the statutes is amended to read:

AB40,916,6 85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs) (hb), beginning with aid payable for calendar year 2002 and for each calendar year thereafter, the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 2000 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area.

AB40, s. 2254 Section 2254. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB40,916,13 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,440,500 in calendar year 2008, $5,571,800 in calendar year 2009, $5,681,600 in calendar year 2010, and $5,852,200 in calendar year 2011, and $5,267,000 in calendar year 2012 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB40, s. 2255 Section 2255. 85.20 (4s) of the statutes is amended to read:

AB40,916,19 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hr), (hs), (ht), (hu), or (hw) (ha), (hb), (hc), (hd), or (he).

AB40, s. 2256 Section 2256. 85.25 (2) (c) 1m. b. of the statutes is amended to read:

AB40,916,22 85.25 (2) (c) 1m. b. It is currently performing a useful business function as defined in s. 560.036 490.04 (1) (h).

AB40, s. 2257 Section 2257. 85.26 (1) (title) of the statutes is repealed.

AB40, s. 2258 Section 2258. 85.26 (1) (intro.) and (a) of the statutes are consolidated, renumbered 85.26 (1) and amended to read:

AB40,917,6 85.26 (1) In this section: (a) "Intercity, "intercity bus service" means regularly scheduled bus service for the general public that operates with limited stops over fixed routes connecting 2 or more urban areas not in close proximity, that has the capacity for transporting baggage carried by passengers, and that makes meaningful connections with scheduled intercity bus service to more distant points if service to more distant points is available.