2009 Wisconsin Act 28

84.57 Additional funding for certain state highway rehabilitation projects. (1) Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and subject to sub. (2), state highway rehabilitation projects for the purposes specified in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut).

(2) Only state highway reconstruction projects, pavement replacement projects, and bridge replacement projects may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut).

28,1927 Section 1927. 84.59 (2) (b) of the statutes is amended to read:

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), (4), 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), 341.30 (3), 341.305 (3), 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).

28,1927d Section 1927d. 84.59 (2) (b) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

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), 341.30 (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).

28,1928 Section 1928. 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 $2,708,341,000 $3,009,784,200, 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.

28,1928b Section 1928b. 85.022 (2) (c) of the statutes is created to read:

85.022 (2) (c) If the department considers a high-speed rail route between the cities of Milwaukee and Madison, the department shall include in its consideration a study of the feasibility of including a stop in the city of Waterloo in Jefferson County.

28,1928c Section 1928c. 85.022 (3) of the statutes is amended to read:

85.022 (3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county and shall comply with the requirements of s. 59.58 (6) (dm), if applicable.

28,1928g Section 1928g. 85.024 (2) of the statutes is amended to read:

85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development, or construction of bicycle and pedestrian facilities. For purposes of this subsection, "bicycle and pedestrian facilities" do not include sidewalks or street beautification measures. The department shall award from the appropriation under s. 20.395 (2) (ox) grants to political subdivisions under this section. The department may, from the appropriation under s. 20.395 (2) (oq), supplement the amount of these grants. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 20 percent of the amount awarded under this section. Any improvement project for which a political subdivision receives a grant under this section shall be let by contract based on bids and the contract shall be awarded to the lowest competent and responsible bidder.

28,1928j Section 1928j. 85.026 (2) of the statutes is renumbered 85.026 (2) (a) and amended to read:

85.026 (2) Program. (a) The department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under 23 USC 133 (b) (8). The grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx). The department may, from the appropriation under s. 20.395 (2) (oq), supplement the amount of these grants for grants awarded for transportation enhancement activities involving bicycle and pedestrian facilities eligible for assistance under s. 85.024 (2).

28,1928k Section 1928k. 85.026 (2) (b) of the statutes is created to read:

85.026 (2) (b) The department shall allocate at least 70 percent of funds available from the appropriation under s. 20.395 (2) (nx) for grants awarded for transportation enhancement activities involving bicycle and pedestrian facilities eligible for assistance under s. 85.024 (2).

28,1928m Section 1928m. 85.062 (3) (a) of the statutes is repealed and recreated to read:

85.062 (3) (a) The Dane County commuter rail project.

28,1928p Section 1928p. 85.062 (3) (b) of the statutes is created to read:

85.062 (3) (b) Any project resulting from the Milwaukee Downtown Transit Connector Study of the Wisconsin Center District.

28,1928t Section 1928t. 85.062 (3) (c) of the statutes is created to read:

85.062 (3) (c) The KRM commuter rail line, as defined in s. 59.58 (7) (a) 3.

28,1929 Section 1929. 85.063 (3) (b) 1. of the statutes is amended to read:

85.063 (3) (b) 1. Upon completion of a planning study under sub. (2), or, to the satisfaction of the department, of a study under s. 85.022, a political subdivision in a county which, or a transit authority created under s. 66.1039, that includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.

28,1930 Section 1930. 85.064 (1) (b) of the statutes is amended to read:

85.064 (1) (b) "Political subdivision" means any city, village, town, county, transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or regional transit authority organized created under s. 59.58 (6) 66.1039 within this state or the southeastern regional transit authority under s. 59.58 (7).

28,1931 Section 1931. 85.064 (4) of the statutes is repealed.

28,1931L Section 1931L. 85.077 of the statutes is created to read:

85.077 Railroad projects and competitive bidding. (1) Except as provided in subs. (2) and (4), if a project involving the construction, rehabilitation, improvement, demolition, or repair of rail property or rail property improvements is funded in any part with public funds, the department or the recipient of the public funds shall let the project by contract on the basis of competitive bids and shall award the contract to the lowest responsible bidder.

(2) The provisions of sub. (1) do not apply if any of the following applies:

(a) The project is in response to a public emergency.

(am) The project is for the installation or maintenance of warning devices at railroad highway crossings.

(b) The estimated cost of the project is less than $25,000.

(c) The project involves only rail property or rail property improvements owned or leased by a railroad and the project is to be performed by the railroad using its own employees.

(3) The department or the recipient of public funds may not subdivide a project into more than one contract, allocate work or workers in any manner, or transfer the jurisdiction of a project to avoid the requirements of sub. (1).

(4) If no responsible bid is received, the contract may be awarded without complying with sub. (1).

28,1932 Section 1932. 85.11 of the statutes is created to read:

85.11 Southeast Wisconsin transit capital assistance program. (1) Definitions. In this section:

(a) "Eligible applicant" means the Milwaukee Transit Authority under s. 66.1038 and the southeastern regional transit authority under s. 59.58 (7).

(ar) "Major transit capital improvement project" has the meaning given in s. 85.062 (1).

(b) "Municipality" means a city, village, or town.

(c) "Southeast Wisconsin" means the geographical area comprising the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha.

(2) Program and funding. The department shall develop and administer a southeast Wisconsin transit capital assistance program. From the appropriation under s. 20.866 (2) (uq), the department may award grants to eligible applicants for transit capital improvements as provided under subs. (4) to (6).

(3) Applications. (a) Each grant applicant shall specify any project for which grant funds are requested. An applicant may not include a project in a grant application if the project is a major transit capital improvement project and the project has not been enumerated under s. 85.062 (3).

(b) The department may not accept grant applications under this section after December 31, 2015.

(4) Eligibility. The department may not award a grant under this section to an eligible applicant unless all of the following apply:

(a) The eligible applicant is eligible under federal law to be a public sponsor for a project that receives federal funding.

(b) The eligible applicant receives funds from a dedicated local revenue source for capital and operating costs associated with providing transit services.

(5) Grant awards. (a) Subject to par. (b), the department may award grants to eligible applicants that satisfy the requirements under sub. (4). Any grant awarded under this section may not exceed $50,000,000, 25 percent of the total project cost, or 50 percent of the portion of the total project cost not funded with federal aid, whichever is least.

(b) The department may award a grant under par. (a) only if all of the following apply:

1. Any project for which the grant is to be awarded has received any approval to proceed required by the appropriate federal agency. Approval to proceed under this subdivision is required by December 31, 2012, for any project utilizing federal interstate cost estimate substitute project funding and for any project resulting from the Milwaukee Downtown Transit Connector Study of the Wisconsin Center District.

2. The number of revenue hours of transit service provided in the area serviced by the grant applicant at the time of the grant application is not less than that provided in 2001, if transit services were provided in 2001 by the grant applicant or by any other local unit of government.

(6) Administration. In administering this section, the department shall do all of the following:

(a) Prescribe the form of grant applications and the nature and extent of information to be provided with these applications, and establish an annual application cycle for receiving and evaluating applications under the program.

(b) Establish criteria and standards for grant eligibility for transit capital improvement projects under the program.

(c) Establish criteria and standards for evaluating and ranking applications and for awarding grants under the program.

28,1933 Section 1933. 85.14 (title) and (1) of the statutes are amended to read:

85.14 (title) Payments of fees and deposits by credit card, debit card, or other electronic payment mechanism. (1) (a) The department may accept payment by credit card, debit card, or any other electronic payment mechanism of a 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.

(b) Except for charges associated with a contract under par. (c), the If the secretary of administration assesses any charges against the department relating to the payment of fees by credit cards, debit cards, or other electronic payment mechanisms, the department shall pay, from the appropriation under s. 20.395 (5) (cg), to the secretary of administration or to any person designated by the secretary of administration the amount of these assessed charges associated with the use of credit cards under par. (a) that are assessed to the department.

(c) The department may contract for services relating to the payment of fees by credit cards, debit cards, or other electronic payment mechanisms under this subsection. Any charges associated with a contract under this paragraph shall be paid from the appropriations under s. 20.395 (5) (cg) and (cq).

28,1933s Section 1933s. 85.20 (4m) (a) (intro.) of the statutes is amended to read:

85.20 (4m) (a) (intro.) The department shall pay annually to the eligible applicant described in subd. 6. cm. the amount of aid specified in subd. 6. cm. The department shall pay annually to the eligible applicant described in subd. 6. d. the amount of aid specified in subd. 6. d. The department shall allocate an amount to each eligible applicant described in subd. 6. e., 7., or 8. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system for the calendar year. The department shall make allocations as follows:

28,1934 Section 1934. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $57,948,000 for aid payable for calendar year 2006, $59,107,000 for aid payable for calendar year 2007, $63,784,700 for aid payable for calendar year 2008, and $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 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 $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.

28,1935 Section 1935. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $15,470,200 for aid payable for calendar year 2006, $15,779,600 for aid payable for calendar year 2007, $16,754,000 for aid payable for calendar year 2008, and $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 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.

28,1935d Section 1935d. 85.20 (4m) (a) 6. e. of the statutes is created to read:

85.20 (4m) (a) 6. e. From the appropriation under s. 20.395 (1) (hw), 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.

28,1936 Section 1936. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $22,192,800 in calendar year 2006, $22,636,700 in calendar year 2007, $24,034,400 in calendar year 2008, and $24,614,500 in calendar year 2009, $25,099,500 in calendar year 2010, and $25,852,500 in calendar year 2011 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

28,1937 Section 1937. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,023,600 in calendar year 2006, $5,124,100 in calendar year 2007, $5,440,500 in calendar year 2008, and $5,571,800 in calendar year 2009, $5,681,600 in calendar year 2010, and $5,852,200 in calendar year 2011 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

28,1937d Section 1937d. 85.20 (4s) of the statutes is amended to read:

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), or (hu), or (hw).

28,1937m Section 1937m. 85.205 of the statutes is repealed.

28,1938 Section 1938. 85.215 of the statutes is created to read:

85.215 Tribal elderly transportation grant program. The department shall award grants to federally recognized American Indian tribes or bands to assist in providing transportation services for elderly persons. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (1) (ck). The department shall prescribe the form, nature, and extent of the information that shall be contained in an application for a grant under this section. The department shall establish criteria for evaluating applications and for awarding grants under this section.

28,1939 Section 1939. 85.26 of the statutes is created to read:

85.26 Intercity bus assistance program. (1) Definitions. In this section:

(a) "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.

(b) "Net operating loss" means the portion of the reasonable costs of operating an intercity bus service route that cannot reasonably be financed from revenues derived from the route.

(c) "Political subdivision" means a city, village, town, or county.

(2) Administration. (a) The department shall develop and administer an intercity bus assistance program to increase the availability of intercity bus service in this state. Under this program, the department may do any of the following:

1. Contract with private providers of intercity bus service to support intercity bus service routes of the provider.

2. Make grants to political subdivisions to support intercity bus service routes having an origin or destination in the political subdivision.

(b) All expenditures under the program shall be made from the appropriations under s. 20.395 (1) (bq), (bv), and (bx). The department may not enter into any contract under par. (a) 1., or award any grant under par. (a) 2., that provides funds to support any intercity bus service route in an amount exceeding the lesser of the following:

1. Fifty percent of the net operating loss of the intercity bus service route.