SB21: Bill Text

SB21,1030,21 79.10 (7m) (a) 1. b. In the 2017-18 fiscal year, and in each fiscal year thereafter, the department of administration shall distribute $747,400,000 on the 4th Monday in July, related to property taxes levied in the prior calendar year, and $105,600,000 on the following 4th Monday in June, related to property taxes levied in the most recent calendar year.

SB21,2536 Section 2536. 79.10 (7m) (a) 2. of the statutes is amended to read:

SB21,1031,2 79.10 (7m) (a) 2. Except as provided in par. (cm), the county treasurer shall settle for the amounts distributed under this paragraph on the 4th Monday in July with each municipality and taxing jurisdiction in the county not later than August 20. Failure to settle timely under this subdivision subjects the county treasurer to the penalties under s. 74.31.

SB21,2537 Section 2537. 79.10 (7m) (cm) 1. b. of the statutes is amended to read:

SB21,1031,10 79.10 (7m) (cm) 1. b. The treasurer of the municipality shall settle for the amounts distributed under pars. (a) 1. and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

SB21,2538 Section 2538. 79.10 (7m) (cm) 2. b. of the statutes is amended to read:

SB21,1031,18 79.10 (7m) (cm) 2. b. The treasurer of the municipality shall settle for the amounts distributed under pars. (a) 1. and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

SB21,2539 Section 2539. 79.14 of the statutes is amended to read:

SB21,1031,25 79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; $593,050,000 in 2007; $672,400,000 in 2008; $747,400,000 in 2009; $732,550,000 in 2010, 2011, and 2012; and $747,400,000 in 2013, 2014, and 2015; $958,600,000 in fiscal year 2016-17; and $853,000,000 in fiscal year 2017-18 and in each fiscal year thereafter.

SB21,2540 Section 2540. 84.01 (6m) (b) (intro.) of the statutes is amended to read:

SB21,1032,5 84.01 (6m) (b) (intro.) The department, in consultation with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, shall do all of the following for each economic development program administered by the department:

SB21,2541 Section 2541. 84.01 (11m) (a) of the statutes is amended to read:

SB21,1032,9 84.01 (11m) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

SB21,2542 Section 2542. 84.01 (11m) (b) of the statutes is amended to read:

SB21,1032,19 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. 238.07 235.016 (2). The department shall collaborate with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority to make readily accessible to the public on an Internet-based system the information required under this subsection.

SB21,2543 Section 2543. 84.01 (13) of the statutes is renumbered 84.01 (13) (b) and amended to read:

SB21,1033,8 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 $300,000 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 $300,000.

SB21,2544 Section 2544. 84.01 (13) (a) of the statutes is created to read:

SB21,1033,14 84.01 (13) (a) In this subsection, "cost-benefit analysis" means a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by state employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract for contractual services.

SB21,2545 Section 2545. 84.01 (35) of the statutes is repealed.

SB21,2546 Section 2546. 84.01 (36) (d) of the statutes is renumbered 84.01 (36) (d) 1. and amended to read:

SB21,1033,20 84.01 (36) (d) 1. All Except as provided in subd. 2., all fees received under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (3) (eg).

SB21,2547 Section 2547. 84.01 (36) (d) 2. of the statutes is created to read:

SB21,1033,24 84.01 (36) (d) 2. All fees received under this subsection from sponsorship agreements under which the department displays information associated with the sponsor at a passenger railroad station shall be deposited in the transportation fund.

SB21,2548 Section 2548. 84.013 (3) (ai) of the statutes is repealed.

SB21,2549 Section 2549. 84.013 (3) (kg) of the statutes is repealed.

SB21,2550 Section 2550. 84.013 (3) (rm) of the statutes is repealed.

SB21,2551 Section 2551. 84.013 (3) (tr) of the statutes is repealed.

SB21,2552 Section 2552. 84.0145 (1) (a) of the statutes is renumbered 84.0145 (1) (ap).

SB21,2553 Section 2553. 84.0145 (1) (ah) of the statutes is created to read:

SB21,1034,8 84.0145 (1) (ah) "I 94 east-west project" means the reconstruction of the I 94 freeway in Milwaukee County from 70th Street to 16th Street, including all interchanges.

SB21,2554 Section 2554. 84.0145 (2) of the statutes is amended to read:

SB21,1034,12 84.0145 (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), (ar), (av), (ax), and (ct) and (4) (jq) and 20.866 (2) (uup) and (uur).

SB21,2555 Section 2555. 84.0145 (3) (b) 3. of the statutes is created to read:

SB21,1034,14 84.0145 (3) (b) 3. The I 94 east-west project.

SB21,2556 Section 2556. 84.06 (1) (a) of the statutes is renumbered 84.06 (1) (am).

SB21,2557 Section 2557. 84.06 (1) (ag) of the statutes is created to read:

SB21,1034,20 84.06 (1) (ag) "Construction manager" means a person in the business of providing construction services that is also qualified to supervise, manage, or otherwise participate in the engineering, design, or construction work for an improvement project.

SB21,2558 Section 2558. 84.06 (1) (aj) of the statutes is created to read:

SB21,1034,23 84.06 (1) (aj) "Construction manager-general contractor contract" means a contract for an improvement project awarded under sub. (2m).

SB21,2559 Section 2559. 84.06 (2) (a) of the statutes is amended to read:

SB21,1035,20 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (2m), (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 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.

SB21,2560 Section 2560. 84.06 (2m) of the statutes is created to read:

SB21,1036,2 84.06 (2m) Construction manager-general contractor process. (a) Prior to July 1, 2019, if the department finds that it would be more feasible and advantageous, the department may award a 2-phase construction manager-general contractor contract to a construction manager for preconstruction and construction services for an improvement project.

SB21,1036,5 (b) The department may award a construction manager-general contractor contract to a construction manager based on qualifications, experience, best value, or any other combination of factors the department considers appropriate.

SB21,1036,8 (c)   Before the project design is 90 percent complete, the construction manager shall provide to the department a proposal for the construction manager to construct the project which does all of the following:

SB21,1036,9 1. Includes a guaranteed maximum price.

SB21,1036,11 2. Certifies that at least 30 percent of the work for the construction phase shall be performed by the construction manager.

SB21,1036,13 (d) The department shall obtain an independent cost estimate for the construction of the project.

SB21,1036,14 (e) For the construction phase, the department may do any of the following:

SB21,1036,16 1. Enter into a construction contract with the construction manager pursuant to a proposal under par. (c).

SB21,1036,17 2. Award the construction contract in accordance with sub. (2).

SB21,1036,19 (f) The department may utilize a construction manager-general contractor contract for no more than 3 highway improvement projects.

SB21,2561 Section 2561. 84.075 (1c) (a) of the statutes is amended to read:

SB21,1036,22 84.075 (1c) (a) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,2562 Section 2562. 84.075 (1c) (b) of the statutes is amended to read:

SB21,1036,25 84.075 (1c) (b) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

SB21,2563 Section 2563. 84.076 (1) (c) of the statutes is amended to read:

SB21,1037,3 84.076 (1) (c) "Minority business" has the meaning given under s. 16.287 203.07 (1) (e) 1.

SB21,2564 Section 2564. 84.076 (1) (d) of the statutes is amended to read:

SB21,1037,6 84.076 (1) (d) "Minority group member" has the meaning given under s. 16.287 203.07 (1) (f).

SB21,2565 Section 2565. 84.185 (2) (b) 5. of the statutes is amended to read:

SB21,1037,10 84.185 (2) (b) 5. Whether the political subdivision will contribute, from funds not provided by this state, not less than 50% 20 percent of the cost of the improvement.

SB21,2566 Section 2566. 84.185 (3) (a) 1. of the statutes is amended to read:

SB21,1037,12 84.185 (3) (a) 1. 50% Eighty percent of the anticipated cost of the improvement.

SB21,2567 Section 2567. 84.185 (3) (b) 3. a. of the statutes is amended to read:

SB21,1037,16 84.185 (3) (b) 3. a. The grant ceiling determined under par. (a) is based on 50% 80 percent of the anticipated cost of the improvement and would result in a grant exceeding $1 million.

SB21,2568 Section 2568. 84.185 (6m) of the statutes is amended to read:

SB21,1038,2 84.185 (6m) Administration. From the appropriations under s. 20.395 (2) (iq), (iv) and (ix), upon the approval of the secretary under sub. (2), the department may make improvements to or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 1. to 3. or provide other assistance for the improvement of a transportation facility under sub. (1) (d) 4. or 5. The department may make loans from the appropriations under s. 20.395 (2) (iq) and (iw) for the improvement of a transportation facility. The state share of costs for the improvement of a transportation facility, including any loans made under this subsection for the improvement of the transportation facility, may not exceed 50% 80 percent of the cost of the improvement.

SB21,2569 Section 2569. 84.27 of the statutes is amended to read:

SB21,1038,17 84.27 Institution roads. The department may administer a program to improve highways forming convenient connections between the University of Wisconsin System Authority 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 of the University of Wisconsin System Authority 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 of the University of Wisconsin System Authority or the state boards, commissions, departments or officers involved.

SB21,2570 Section 2570. 84.59 (1) of the statutes is amended to read:

SB21,1038,23 84.59 (1) Transportation facilities under s. 84.01 (28) and, major highway projects as defined under s. 84.013 (1) (a) for the purposes under ss. 84.06 and 84.09, and southeast Wisconsin freeway megaprojects enumerated under s. 84.0145 (3) (b) may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18.

SB21,2571 Section 2571. 84.59 (2) (b) of the statutes is amended to read:

SB21,1039,17 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), (2e), and (2m), 341.17 (8), 341.19 (1), 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 and, one-half of revenues collected under s. 78.01, and revenues 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).

SB21,2572 Section 2572. 84.59 (6) of the statutes is amended to read:

SB21,1040,9 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 $3,768,059,300 $4,779,086,300, 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, and southeast Wisconsin freeway megaprojects enumerated under s. 84.0145 (3) (b). 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.

SB21,2573 Section 2573. 85.0205 (1m) of the statutes is created to read:

SB21,1040,14 85.0205 (1m) The department may not expend state moneys on elements of a highway improvement project that the department determines are primarily related to the aesthetic preferences of communities adjacent to the project, generally known as community sensitive solutions.

SB21,2574 Section 2574. 85.066 of the statutes is created to read:

SB21,1040,20 85.066 Transit safety oversight program. (1) Definition. In this section, "fixed guideway transit system" means a public transportation system being designed, engineered, constructed, or operated that is intended to operate upon a fixed guideway, including a railway, and that is not subject to regulation by the federal railroad administration.

SB21,1040,23 (2) Program and funding. The department shall develop and administer a transit safety oversight program. Under the program, the department may oversee, enforce, investigate, and audit all safety aspects of fixed guideway transit systems.

SB21,2575 Section 2575. 85.09 (2) (a) of the statutes is amended to read:

SB21,1042,2 85.09 (2) (a) The department of transportation shall have the first right to acquire, for present or future transportational or recreational purposes, any property used in operating a railroad or railway, including land and rails, ties, switches, trestles, bridges, and the like located on that property, that has been abandoned. The department of transportation may, in connection with abandoned rail property, assign this right to a state agency, the board of regents of the University of Wisconsin System Authority, any county or municipality, or any transit commission. Acquisition by the department of transportation may be by gift, purchase, or condemnation in accordance with the procedure under s. 32.05. In addition to its property management authority under s. 85.15, the department of transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), lease and collect rents and fees for any use of rail property pending discharge of the department's duty to convey property that is not necessary for a public purpose. No person owning abandoned rail property, including any person to whom ownership reverts upon abandonment, may convey or dispose of any abandoned rail property without first obtaining a written release from the department of transportation indicating that the first right of acquisition under this subsection will not be exercised or assigned. No railroad or railway may convey any rail property prior to abandonment if the rail property is part of a rail line shown on the railroad's system map as in the process of abandonment, expected to be abandoned, or under study for possible abandonment unless the conveyance or disposal is for the purpose of providing continued rail service under another company or agency. Any conveyance made without obtaining such release is void. The first right of acquisition of the department of transportation under this subsection does not apply to any rail property declared by the department to be abandoned before January 1, 1977. The department of transportation may acquire any abandoned rail property under this section regardless of the date of its abandonment.

SB21,2576 Section 2576. 85.09 (4m) of the statutes is amended to read:

SB21,1042,8 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 administration public service commission.

SB21,2577 Section 2577. 85.22 (title) of the statutes is amended to read:

SB21,1042,11 85.22 (title) Capital assistance program for specialized Specialized transportation program.