Wisconsin Legislature: 16,2307jk

(2m) Confidentiality. (a) A certifying authority may not disclose to any person any information that relates to an individual's statement of net worth, a statement of experience, or a company's financial statement, including the gross receipts of a bidder, or to any documentation submitted in support of those statements, if the information was obtained for the purpose of complying with 49 CFR 26, as that section existed on October 1, 1999.

(b) This subsection does not prohibit a certifying authority from disclosing information to any of the following persons:

1. The person to whom the information relates.

2. If the certifying authority is a municipality or county, to the department.

3. If the certifying authority is the department, to a municipality or county authorized under sub. (5m).

4. Any person who has the written consent of the person to whom the information relates to receive such information.

5. Any person to whom 49 CFR 26, as that section existed on October 1, 1999, requires or specifically authorizes the certifying authority to disclose such information.

6. The federal department of transportation, if the certifying authority discloses the information for the purposes of a certification appeal proceeding in which the disadvantaged status of the individual is in question.

(3) Implied consent. Any municipality, county, or other person that accepts federal moneys from the appropriations under s. 20.395 (1) (bx), (2) (ax), (dx), or (fx), or (3) (bx), (cx), or (ex), or accepts other federal moneys for highway, transit, or airport purposes, after the effective date of this subsection .... [revisor inserts date], is considered to have given consent to the unified certification disadvantage business program administered under this section.

(4) Requirements of certified businesses. A business certified as a disadvantaged business shall, within 30 days after a change in the business's size, disadvantaged status, ownership, or control that could preclude its certification as a disadvantaged business under 49 CFR 26, notify the department of such change by sworn and notarized statement. A business certified as a disadvantaged business shall submit annually to the department a sworn, notarized statement attesting that there have been no changes to business's size, disadvantaged status, ownership, or control, or gross receipts, that would preclude its certification as a disadvantaged business under 49 CFR 26. The notice shall include a statement that the business meets the size and gross receipts criteria for certification, and shall include documentary evidence supporting that statement. The department shall remove the certification of any disadvantaged business that fails to provide the statement within 13 months after certification under this section, or within 13 months after it last submitted to the department the information required under this subsection, whichever is later.

(5) Directory of certified businesses. The department shall maintain a list of all businesses certified as a disadvantaged business by a certifying authority or by a state that is a party to an agreement under sub. (6). The list shall include the business name, address, telephone number, and types of work that the business is certified to perform as a disadvantaged business. The department shall make the list and any updated information available to any person, at no charge, on the Internet and in printed format. The department shall update the list at least annually, but shall update the electronic list available on the Internet by including additions, deletions, or other changes to the list as soon as the department makes such an addition, deletion, or other change.

(5m) Certification by a municipality or county. The department may authorize any municipality or county to certify a business as a disadvantaged business. The authorization shall be in writing and shall require the municipality or county to conform strictly to the standards and processes provided in this section and rules promulgated under this section. The authorization shall be valid for one year. The authorization shall require the municipality or county to provide written notice to the department of any certification decision. The written notice shall include all of the information contained in the directory maintained under sub. (5). The authorization shall require the municipality or county to forward applications to the department under sub. (2) (b) 3. Certification by a municipality or county is valid for 3 years, unless the department removes certification under sub. (4) or the certification is removed as provided in 49 CFR 26.87 or 26.89. No municipality or county authorized under this subsection may hear any appeals or complaints regarding certification decisions.

(6) Reciprocal certification agreements. Notwithstanding sub. (2) (a), the department may enter into a reciprocal agreement with any other state establishing a joint unified certification program that strictly conforms to 49 CFR 26. The agreement may authorize the other state to certify as a disadvantaged business any business that is based in this state, or may authorize the department to certify as a disadvantaged business any business based in that other state.

(7) Certification appeals and complaints. (a) Any business whose application for certification is denied, or is not reviewed within the time limits prescribed in sub. (2) (a), or whose certification is removed, may appeal that action as provided in 49 CFR 26.89 to the department.

(b) Any person may file with the department a signed, written complaint that a business that a certifying authority has certified under this section is not eligible for such certification. The department shall investigate complaints that it finds are supported by credible evidence. If, upon investigation, the department finds reasonable cause to believe that a business is not eligible for certification, the department shall notify the business of its findings in writing and shall proceed in the manner provided under 49 CFR 26.87.

(8) Applicability. This section does not apply if federal law does not require, as a condition of using federal funds, this state to establish goals for the participation of disadvantaged businesses or the employment of disadvantaged individuals in projects using federal funds.

16,2307h Section 2307h. 84.075 (1) of the statutes is amended to read:

84.075 (1) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department of transportation shall attempt to ensure that 5% of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors which are minority businesses, as defined under s. 560.036 (1) (e) 1 that are minority businesses certified by the department of commerce under s. 560.036 (2). In attempting to meet this goal, the department of transportation may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the low bid.

16,2307i Section 2307i. 84.075 (2) of the statutes is amended to read:

84.075 (2) The contractor shall report to the department of transportation any amount of the contract paid to subcontractors and vendors which that are minority businesses certified by the department of commerce under s. 560.036 (2).

16,2307j Section 2307j. 84.075 (3) of the statutes is amended to read:

84.075 (3) The department of transportation 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 which that are minority businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses in connection with proposed purchases and contracts. In its reports, the department of transportation shall include only amounts paid to businesses certified by the department of commerce under s. 560.036 (2) as minority businesses.

16,2307je Section 2307je. 84.076 (1) (a) of the statutes is amended to read:

84.076 (1) (a) "Disadvantaged individual" means a minority group member, a woman or any other individual found by the department to be socially and economically disadvantaged by the department as provided within the meaning given in 49 CFR 23.62 26.5, unless successfully challenged as provided in 49 CFR 23.69 26.89.

16,2307jg Section 2307jg. 84.076 (1) (b) (intro.) of the statutes is renumbered 84.076 (1) (b) and amended to read:

84.076 (1) (b) "Disadvantaged business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements, as certified by the department: has the meaning given in s. 84.072 (1) (b).

16,2307jh Section 2307jh. 84.076 (1) (b) 1., 2. and 3. of the statutes are repealed.

16,2307ji Section 2307ji. 84.076 (1) (c) of the statutes is amended to read:

84.076 (1) (c) "Minority business" has the meaning given under s. 560.036 (1) (e) 1 means a business that is certified by the department of commerce under s. 560.036 (2).

16,2307jk Section 2307jk. 84.076 (3) (intro.) and (a) of the statutes are consolidated, renumbered 84.076 (3) and amended to read:

84.076 (3) Bids, contracts. Section 84.06 (2) applies to bids and contracts under this section, except that the secretary shall reject low bids that do not satisfy the requirements under sub. (4). The secretary shall establish a list of disadvantaged businesses that are eligible to submit bids for contracts awarded under this section and subcontractors who meet the requirements under sub. (4) (b). Each bid submitted under this section shall include the agreement specified under sub. (4) and all of the following conditions: (a) A, as a condition, a goal that at least 25% of the total number of workers in all construction trades employed on the project will be disadvantaged individuals.

16,2307jL Section 2307jL. 84.076 (3) (b) of the statutes is repealed.

16,2307jm Section 2307jm. 84.076 (4) (b) of the statutes is amended to read:

84.076 (4) (b) Obtain from a subcontractor that has experience in providing training to disadvantaged individuals a program of preapprenticeship training that satisfies the requirements established by the secretary under sub. (2) (b), and assure that the subcontractor has experience in providing a program of management and technical assistance to disadvantaged business contractors, and that the subcontractor's management and technical assistance program satisfies the requirements established by the secretary under sub. (2) (b) and includes all of the requirements of par. (a) 2. A subcontractor under this paragraph need not be a disadvantaged business, but if the subcontractor is not a disadvantaged business, it may not be included within the goal established under sub. (3) (b).

16,2307jn Section 2307jn. 84.09 (9) of the statutes is created to read:

84.09 (9) Subsections (5), (5m), and (6) do not apply to residual state property subject to s. 20.9145.

16,2307jp Section 2307jp. 84.09 (9) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

16,2307k Section 2307k. 84.1033 of the statutes is created to read:

84.1033 Leo Frigo Memorial Bridge. Not later than June 30, 2003, the department shall designate and mark the bridge on I 43 across the Fox River in the city of Green Bay as the "Leo Frigo Memorial Bridge" in recognition and appreciation of Leo Frigo, a civic and philanthropic leader in the Green Bay area whose legacy includes one of the largest food pantry programs in the nation for feeding the hungry.

16,2307m Section 2307m. 84.1040 of the statutes is created to read:

84.1040 Donald K. "Deke" Slayton Memorial Highway. (1) The department shall designate and, subject to sub. (2), mark STH 27 in Monroe County commencing at Sparta and proceeding southerly to Cashton as the "Donald K. `Deke' Slayton Memorial Highway" as a living memorial to and in honor of Donald K. "Deke" Slayton, who brought credit to this state and, in particular, Monroe County for his contribution to this country's space program as one of the 7 original astronauts and as a participant in the first joint United States-Soviet space mission.

(2) Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the cost of erecting and maintaining markers along the route specified in sub. (1) to clearly identify to motorists the designation of the route as the "Donald K. `Deke' Slayton Memorial Highway," the department shall erect and maintain the markers. No state funds, other than from the receipt of contributions under this subsection, may be expended for the erection or maintenance of the markers.

16,2307r Section 2307r. 84.1041 of the statutes is created to read:

84.1041 Gateway to the North Bridge. Not later than June 30, 2003, the department shall designate and mark the bridge on USH 45 across the south branch of the Embarrass River in the village of Tigerton in Shawano County as the "Gateway to the North" to serve as a welcome to visitors to the northern part of this state.

16,2308h Section 2308h. 84.185 (6m) of the statutes is amended to read:

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 not allocate more than 80% of the total funds appropriated under s. 20.395 (2) (iq) and (iw) in fiscal year 2002-03, and in any fiscal year thereafter, for grants under this section. 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% of the cost of the improvement. The department shall give priority to funding applications for which the applicant has indicated a willingness to accept a loan made under this subsection for all or part of the state share of costs for the improvement of the transportation facility.

16,2308m Section 2308m. 84.205 of the statutes is created to read:

84.205 Claims arising from repair and maintenance of state trunk highways. (1) In this section, "political subdivision" means a city, village, town, or county.

(2) From funds appropriated and available to the department under s. 20.395 (3), the department shall pay, in whole or in part, any claims submitted to the department by a political subdivision, on a form prescribed by the department, for damage to any gravel road maintained by the political subdivision that is determined by the department to be caused by reason of the road's use as a detour incident to the maintenance, repair, or construction by the department of any state trunk highway, if the gravel road is not part of a detour route designated by the department. The political subdivision shall include with the claim a description of the nature and cause of the alleged damage, the asserted value of the claim, and all known evidence in support of the claim. In making its determination after submittal of the claim, the department shall consider each of the following factors:

(a) The condition of the gravel road at the time the claim was submitted.

(b) The condition of the gravel road, if known, immediately prior to its use as a detour incident to the maintenance, repair, or construction by the department of the state trunk highway.

(d) The extent of motor truck traffic in the vicinity of the state trunk highway and the gravel road.

(e) Any other factors or evidence submitted by the political subdivision with its claim under this subsection.

(3) The department shall promulgate rules to implement and administer this section.

16,2308p Section 2308p. 84.28 (1) of the statutes is amended to read:

84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) 20.375 (3) (b) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources, other than a southern state forest. Moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park or any southern state forest, in the lower Wisconsin state riverway, as defined in s. 30.40 (15), or on other property under the jurisdiction of the department of natural resources. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or other property under the jurisdiction of the department of natural resources, moneys from the appropriation under s. 20.370 (7) (mc) may be expended for the renovation, marking and maintenance of roads which the department of natural resources certifies are utilized by a substantial number of visitors to these state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures from the appropriation under s. 20.370 (7) (mc) under this subsection. The department of natural resources shall rank projects eligible for assistance funding from the appropriation under s. 20.370 (7) (mc) under a priority system and funding may be restricted to those projects with highest priority. Outside the boundaries of the state forests under the jurisdiction of the department of forestry, moneys from the appropriation under s. 20.375 (3) (b) may be expended for the renovation, marking, and maintenance of roads which the department of forestry certifies are utilized by a substantial number of visitors to these state forests. The department of forestry shall authorize expenditures from the appropriation under s. 20.375 (3) (b) under this subsection. The department of forestry shall rank projects eligible for funding from the appropriation under s. 20.375 (3) (b) under a priority system and funding may be restricted to those projects with the highest priority.

16,2308sc Section 2308sc. 84.28 (2) of the statutes is amended to read:

84.28 (2) The department may administer a program for the construction, maintenance, and marking of roads, including fire roads, service areas, trailer, or vehicle parking stalls or parking areas and other facilities consistent with highway construction and for the marking of scenic routes in the state parks, state forests, the lower Wisconsin state riverway as defined under s. 30.40 (15), state fish hatcheries, other public used areas under the jurisdiction of the department of natural resources or the department of forestry, and other public lands as defined in ch. 24, for highways or fire roads leading from the most convenient state trunk highways to such lands, and for the relocation and construction of state trunk highways in or near state parks when required in the interests of public safety. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority or with the approval of the department of transportation, upon the request for such work filed by the department of natural resources having jurisdiction as to the lower Wisconsin state riverway, as defined in s. 30.40 (15), or as to state park or forest lands, or by the board of commissioners of the public lands as to other classes of public lands. Outside the lower Wisconsin state riverway, as defined in s. 30.40 (15), and outside the limits of the park, state forest, and public land areas, direct connections to the most convenient state trunk highway may be built or maintained under this section. Roads in unincorporated areas within 5 miles of the boundaries of the Horicon national wildlife refuge or the Horicon marsh wildlife area may be built or maintained under this section upon request of the town board, if the department of transportation certifies that such roads are or will be used by a substantial number of visitors to such area. Costs incurred under this section shall be the responsibility of the department of natural resources, department of forestry, commissioners of public lands or town board, as appropriate.

16,2308sr Section 2308sr. 84.30 (10m) of the statutes is renumbered 84.30 (10m) (intro.) and amended to read:

84.30 (10m) Annual permit fee requirement. (intro.) The department may promulgate a rule requiring persons specified in the rule to pay annual permit fees for signs. If the department establishes an annual permit fee under this subsection, failure to pay the fee within 2 months after the date on which payment is due is evidence that the sign has been abandoned for the purposes of s. TRANS 201.10 (2) (f), Wis. Adm. Code. This subsection does not apply to any of the following:

16,2308st Section 2308st. 84.30 (10m) (a) and (b) of the statutes are created to read:

84.30 (10m) (a) An off-premises advertising sign that is owned by a religious organization.

(b) A sign that has been permanently removed by the owner of the sign, even if the department was not notified of the sign's removal.

16,2309 Section 2309. 84.59 (1) of the statutes is amended to read:

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 may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18, except that funding for major highway projects with such proceeds may not exceed 55% of the total funds encumbered in any period of 3 consecutive fiscal years, beginning with the 3-year period of 2002-03 to 2004-05, for major highway projects.

16,2310 Section 2310. 84.59 (6) of the statutes is amended to read:

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 $1,447,085,500 and may $1,753,067,500 , 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 and to pay expenses associated with revenue obligations contracted under this section.

16,2310m Section 2310m. 85.027 of the statutes is created to read:

85.027 Highway corridor planning grant program. (1) In this section:

(a) "Highway corridor" means the area up to 10 miles on either side of a state trunk highway that is expected by the department to need additional capacity for vehicular traffic or to have possible safety or operational problems resulting from pressure for development adjacent to the highway.

(b) "Local governmental unit" means a city, village, town, county, regional planning commission, or metropolitan planning organization, as defined in s. 85.243 (1) (c).

(2) The department shall administer a highway corridor planning grant program. From the appropriation under s. 20.395 (3) (bq), the department shall award grants to local governmental units for highway corridor planning activities. In any fiscal year, the department may not expend more than $500,000 for grants under this subsection.

16,2311g Section 2311g. 85.061 (3) (b) of the statutes is renumbered 85.061 (3) (b) 1. and amended to read:

85.061 (3) (b) 1. The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) unless the joint committee on finance approves the use of the proceeds and, with state funds are used for not more than 20% of the cost of the project. This subdivision does not apply to the use of any bond proceeds approved by the joint committee on finance before the effective date of this subdivision .... [revisor inserts date].

2. With respect to a route under par. (a) 1. or 2., the department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) unless the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that route.

16,2312 Section 2312. 85.107 (title) of the statutes is amended to read:

85.107 (title) Minority civil engineer scholarship Scholarship and loan repayment incentive grant program.

16,2313 Section 2313. 85.107 (1) of the statutes is amended to read:

85.107 (1) Purpose. The minority civil engineer scholarship and loan repayment incentive grant program is created to assist in improving the representation of minorities among employees of targeted group members within job classifications in which targeted group members are underutilized in the department who are classified as civil engineers.

16,2314 Section 2314. 85.107 (2) of the statutes is repealed.

16,2315 Section 2315. 85.107 (2m) (intro.) of the statutes is created to read:

85.107 (2m) Definitions. (intro.) In this section:

16,2316 Section 2316. 85.107 (2m) (am) of the statutes is created to read:

85.107 (2m) (am) "Person with a disability" means any person who has a physical or mental disability that constitutes or results in a substantial barrier to employment.

16,2317 Section 2317. 85.107 (2m) (b) of the statutes is created to read:

85.107 (2m) (b) "Targeted group member" means a person with disabilities, or a person who belongs to a class of race, color, or sex, whose percent of the workforce within any job classification in the department is less than that class's percent of the statewide labor market for such job activities.

16,2318 Section 2318. 85.107 (3) (a) (intro.) of the statutes is amended to read: