Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,677,12 1300. Page 857, line 13: after that line insert:

SB55-ASA1-AA1,677,13 "Section 2296p. 84.01 (34) of the statutes is created to read:

SB55-ASA1-AA1,677,18 84.01 (34) Stillwater Bridge project. (a) Not later than April 1, 2002, the department shall develop and submit to the joint committee on finance a proposal specifying the amount of anticipated expenditures to be made by the department for mitigation in connection with the Stillwater Bridge project across the St. Croix River between Houlton in St. Croix County and Stillwater, Minnesota.

SB55-ASA1-AA1,677,23 (b) If, after submission of the proposal under par. (a), the department determines that it will exceed the amount of anticipated expenditures specified in the proposal under par. (a), the department shall submit to the joint committee on finance a proposal for the additional amount of anticipated expenditures for mitigation in connection with the project.".

SB55-ASA1-AA1,678,3 1301. Page 858, line 15: delete the material beginning with "and Old" and ending with "33" on line 16 and substitute "in the town of Delton and Terrytown Road in the town of Baraboo".

SB55-ASA1-AA1,678,4 1302. Page 858, line 25: after that line insert:

SB55-ASA1-AA1,678,5 " Section 2302gg. 84.013 (3m) (g) of the statutes is created to read:

SB55-ASA1-AA1,678,8 84.013 (3m) (g) The department shall complete any major highway project involving USH 10 from Marshfield to Stevens Point in Portage and Wood counties by December 31, 2010.".

SB55-ASA1-AA1,678,10 1303. Page 859, line 10: delete "reconstruction" and substitute "rehabilitation".

SB55-ASA1-AA1,678,11 1304. Page 859, line 22: after that line insert:

SB55-ASA1-AA1,678,14 "(d) "Rehabilitation" means the reconditioning, reconstruction, or resurfacing, as defined in s. 84.013 (1) (b) to (d), of a freeway or the adding of one or more lanes to the freeway, and includes interim repairs.

SB55-ASA1-AA1,678,18 (e) "Southeast Wisconsin freeway" means a state trunk highway, located in Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, or Waukesha county, that has 4 or more lanes of traffic physically separated by a median or barrier and that gives preference to through traffic by limiting access to interchanges only.".

SB55-ASA1-AA1,678,20 1305. Page 859, line 23: after "86.255," insert "any southeast Wisconsin freeway rehabilitation projects, including".

SB55-ASA1-AA1,678,21 1306. Page 859, line 24: delete "project" and substitute "project,".

SB55-ASA1-AA1,678,23 1307. Page 860, line 7: on lines 7 and 13, delete "reconstruction" and substitute "rehabilitation".

SB55-ASA1-AA1,679,1 1308. Page 861, line 17: after that line insert:

SB55-ASA1-AA1,679,6 "(8m) The department shall design the reconstruction of the Marquette interchange and I 94 in Milwaukee and Waukesha counties to allow for expansion of capacity for vehicular traffic on the Marquette interchange and I 94 in these counties to meet the projected vehicular traffic capacity needs, as determined by the department, for 30 years following the completion of such reconstruction.".

SB55-ASA1-AA1,679,7 1309. Page 861, line 17: after that line insert:

SB55-ASA1-AA1,679,8 " Section 2304p. 84.02 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,679,19 84.02 (5) (a) As often as it deems necessary, the department shall publish highway service maps showing the state trunk highway system and such other main highways and other features as may seem desirable. Such highway service maps shall be sold by the department at a price to be fixed by it, which shall be not less than cost. The department may permit the use of the base plates for other maps and publications in consideration of a fair fee for such use. The department shall make and publish or duplicate such highway service maps as are required for its use, and shall publish folded highway maps of Wisconsin for free distribution to the public. The department shall ensure that the folded highway maps bear information regarding the requirements of s. 347.48 (4) and do not bear information regarding toll-free telephone service under s. 13.205.".

SB55-ASA1-AA1,679,20 1310. Page 861, line 17: after that line insert:

SB55-ASA1-AA1,679,21 " Section 2304t. 84.02 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,680,19 84.02 (3) (a) Changes may be made in the state trunk system by the department, if it deems that the public good is best served by making the changes. The department, in making the changes, may lay out new highways by the procedure under this subsection. Due notice shall be given to the localities concerned of the intention to make changes or discontinuances, and if the change proposes to lay a highway via a new location and the distance along such deviation from the existing location exceeds 2 1/2 miles, then a hearing in or near the region affected by the proposed change shall be held prior to making the change effective. The notice shall also be given to the secretary of natural resources fish, wildlife, parks, and forestry and to the secretary of environmental management either by registered mail or personally. Whenever the department decides to thus change more than 2 1/2 miles of the system the change shall not be effective until the decision of the department has been referred to and approved by the county board of each county in which any part of the proposed change is situated. A copy of the decision shall be filed in the office of the clerk of each county in which a change is made or proposed. Where the distance along the deviation from the existing location exceeds 5 miles the change shall constitute an addition to the state trunk highway system. The preexisting route shall continue to be a state trunk highway unless the county board of each county in which any part of the relocation lies and the department mutually agree to its discontinuance as a state trunk highway. Whenever such county board or boards and the department cannot so agree the department shall report the problem to the next ensuing session of the legislature for determination.".

SB55-ASA1-AA1,680,21 1311. Page 861, line 19: delete the material beginning with that line and ending with page 864, line 2.

SB55-ASA1-AA1,680,23 1312. Page 865, line 2: delete the material beginning with "and" and ending with "(ck)," on line 4.

SB55-ASA1-AA1,680,24 1313. Page 865, line 8: delete "$10,000,000" and substitute "$5,000,000".

SB55-ASA1-AA1,681,1 1314. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,681,2 " Section 2307f. 84.04 (4) of the statutes is created to read:

SB55-ASA1-AA1,681,9 84.04 (4) Notwithstanding sub. (2), after the effective date of this subsection .... [revisor inserts date], the department may not construct any rest area along or in close proximity with a state trunk highway at a location that is within a radius of 5 miles from an exit from the highway that provides access to motorist services described under s. 86.195 (3). This subsection does not apply to any rest area that is located no more than 5 miles from the border of this state or to any rest area that may be located near the village of Belmont in Lafayette County.".

SB55-ASA1-AA1,681,10 1315. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,681,11 "Section 2307g. 84.06 (1) of the statutes is amended to read:

SB55-ASA1-AA1,681,19 84.06 (1) Definitions. In this section, "improvement" or "highway improvement" includes construction, reconstruction, rehabilitation, and the activities, operations and processes incidental to building, fabricating, or bettering a highway, public mass transportation system or street, but not maintenance. The terms do not include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, or intelligent transportation systems, unless incidental to building, fabricating, or bettering a highway or street.

SB55-ASA1-AA1, s. 2307h Section 2307h. 84.07 (1) of the statutes is amended to read:

SB55-ASA1-AA1,682,17 84.07 (1) State expense; when done by county or municipality. The state trunk highway system shall be maintained by the state at state expense. The department shall prescribe by rule specifications for such maintenance and may contract with a private entity or any county highway committee or municipality to have all or certain parts of the work of maintaining the state trunk highways within or beyond the limits of the county or municipality, including interstate bridges, performed by the private entity, county, or municipality, and any private entity, county, or municipality may enter into such contract. General maintenance activities include the application of protective coatings, the removal and control of snow, the removal, treatment and sanding of ice, interim repair of highway surfaces and adjacent structures, and all other operations, activities and processes required on a continuing basis for the preservation of the highways on the state trunk system, and including the care and protection of trees and other roadside vegetation and suitable planting to prevent soil erosion or to beautify highways pursuant to s. 80.01 (3), and all measures deemed necessary to provide adequate traffic service. Special maintenance activities include the restoration, reinforcement, complete repair or other activities which the department deems are necessary on an individual basis for specified portions of the state trunk system. Maintenance activities also include the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.".

SB55-ASA1-AA1,682,18 1316. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,682,19 " Section 2307dc. 84.072 of the statutes is created to read:

SB55-ASA1-AA1,682,21 84.072 Unified disadvantaged business certification program. (1) Definitions. In this section:

SB55-ASA1-AA1,682,23 (a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that is operated for profit.

SB55-ASA1-AA1,683,2 (am) "Certifying authority" means the department or, if authorized under sub. (5m), a municipality or county.

SB55-ASA1-AA1,683,3 (b) "Disadvantaged business" means a business that is all of the following:

SB55-ASA1-AA1,683,6 1. At least 51% owned by one or more disadvantaged individuals who are U.S. citizens or persons lawfully admitted to the United States for permanent residence, as defined in 8 USC 1101 (a) (20).

SB55-ASA1-AA1,683,8 2. Controlled in its management and daily business operations by one or more of the disadvantaged individuals who own the business.

SB55-ASA1-AA1,683,9 3. A small business concern within the meaning given in 49 CFR 26.5.

SB55-ASA1-AA1,683,12 (c) "Disadvantaged individual" means an individual found by a certifying authority to be socially and economically disadvantaged within the meaning given in 49 CFR 26.5.

SB55-ASA1-AA1,683,13 (d) "Municipality" means a city, village, or town.

SB55-ASA1-AA1,684,3 (2) Certification. (a) Any business may apply to a certifying authority for certification as a disadvantaged business. All applications shall be sworn and notarized. A certifying authority shall certify as a disadvantaged business any business that meets the requirements under 49 CFR 26, subpart D, for such certification. A certifying authority shall follow all certification procedures and standards provided in 49 CFR 26 and all certification determinations shall strictly conform with 49 CFR 26 and federal guidelines established under that section. A certifying authority shall complete review and issue a decision concerning an application within 90 days after receiving the completed application, except that a certifying authority may extend its review period to not more than 150 days if, within those 90 days, the certifying authority provides written notice to the applicant specifying the reasons for the extension. No person may certify a business as a disadvantaged business for purposes of 49 CFR 26, except as provided in this section. A certifying authority may charge and collect reasonable fees for reviewing an application submitted under this paragraph.

SB55-ASA1-AA1,684,8 (b) 1. Except as provided in sub. (6), a certifying authority is not required to review an application submitted by a business that has its principal place of business in another state, unless the business is certified as a disadvantaged business under a unified certification program that strictly conforms to 49 CFR 26 and to which that other state is a party.

SB55-ASA1-AA1,684,11 2. If the department receives an application for a business that is certified as a disadvantaged business under a federally approved unified certification program pursuant to 49 CFR 26, the department may do any of the following:

SB55-ASA1-AA1,684,13 a. Grant certification in reliance of the certification determination under the federally approved unified certification program.

SB55-ASA1-AA1,684,16 b. Make an independent certification determination based on material submitted by the other certifying agency, supplemented by whatever additional information the department may request from the applicant.

SB55-ASA1-AA1,684,18 c. Require the applicant to undergo the application process without regard to the other certification.

SB55-ASA1-AA1,684,23 3. If a certifying authority that is a municipality or county receives an application for a business that is certified as a disadvantaged business under a federally approved unified certification program pursuant to 49 CFR 26, the certifying authority shall forward the application to the department for purposes of subd. 2.

SB55-ASA1-AA1,685,3 (c) A certifying authority shall cooperate with any directive from the federal government under authority of 49 CFR 26 concerning certification under this section.

SB55-ASA1-AA1,685,8 (d) Certification under this section 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. A certifying authority may not require a business that is certified under this section to reapply during the 3-year period after its certification, unless the factual basis on which the certification is made materially changes.

SB55-ASA1-AA1,685,16 (e) No certification of a business as a disadvantaged business for purposes of federal transportation assistance programs before the effective date of this paragraph .... [revisor inserts date], is valid for contracts executed after the last day of the 5th month beginning after the effective date of this paragraph .... [revisor inserts date]. Beginning on the first day of the 6th month beginning after the effective date of this paragraph.... [revisor inserts date], only a business certified under this section qualifies as a disadvantaged business enterprise for purposes of 49 CFR 26.

SB55-ASA1-AA1,685,22 (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.

SB55-ASA1-AA1,685,24 (b) This subsection does not prohibit a certifying authority from disclosing information to any of the following persons:

SB55-ASA1-AA1,685,25 1. The person to whom the information relates.

SB55-ASA1-AA1,686,1 2. If the certifying authority is a municipality or county, to the department.

SB55-ASA1-AA1,686,3 3. If the certifying authority is the department, to a municipality or county authorized under sub. (5m).

SB55-ASA1-AA1,686,5 4. Any person who has the written consent of the person to whom the information relates to receive such information.

SB55-ASA1-AA1,686,8 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.

SB55-ASA1-AA1,686,11 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.

SB55-ASA1-AA1,686,17 (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.

SB55-ASA1-AA1,687,7 (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.

SB55-ASA1-AA1,687,17 (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.

SB55-ASA1-AA1,688,6 (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.

SB55-ASA1-AA1,688,12 (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.

SB55-ASA1-AA1,688,16 (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.

SB55-ASA1-AA1,688,23 (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.

SB55-ASA1-AA1,689,2 (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.

SB55-ASA1-AA1, s. 2307de Section 2307de. 84.076 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,689,8 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.

SB55-ASA1-AA1, s. 2307dg Section 2307dg. 84.076 (1) (b) (intro.) of the statutes is renumbered 84.076 (1) (b) and is amended to read:

SB55-ASA1-AA1,689,14 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).

SB55-ASA1-AA1, s. 2307dh Section 2307dh. 84.076 (1) (b) 1., 2. and 3. of the statutes are repealed.

SB55-ASA1-AA1, s. 2307dj Section 2307dj. 84.076 (3) (intro.) and (a) of the statutes are consolidated, renumbered 84.076 (3) and amended to read:

SB55-ASA1-AA1,690,2 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.

SB55-ASA1-AA1, s. 2307dk Section 2307dk. 84.076 (3) (b) of the statutes is repealed.

SB55-ASA1-AA1, s. 2307dm Section 2307dm. 84.076 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,690,14 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).".

SB55-ASA1-AA1,690,15 1317. Page 865, line 20: after that line insert:

SB55-ASA1-AA1,690,16 " Section 2307c. 84.03 (9) (a) of the statutes is amended to read:

SB55-ASA1-AA1,691,13 84.03 (9) (a) Subject to s. 86.255, that part of the appropriation made by s. 20.395 (3) in the state and local highways account, not required for the other purposes therein provided, may be used by the department for the improvement and traffic service of the state trunk highway system and connecting highways, for the purchase and operation of equipment, making surveys for locating local road materials, testing of materials, and for other purposes provided in this section, and to match or supplement federal aid for the construction, reconstruction or improvement of the federal aid highway system, secondary or feeder roads, the elimination of hazards at railroad grade crossings and for any other highway purpose for which the state may match or supplement federal aid funds pursuant to any act of congress. Where such funds are used for the improvement of the state trunk highway system or connecting highways or to match or supplement federal aid they shall be expended in accordance with s. 84.06 and any applicable act of congress. Any funds expended pursuant to this paragraph shall be expended by the department on such projects within the provisions of this paragraph, and executed in such manner as the department shall from time to time determine will best meet the needs of travel and best promote the general welfare. Such funds may be used for improvements, within the provisions of this paragraph, independent of or in conjunction with other funds available for such improvements. Subject to s. 86.255, the requirements of any federal highway act, or regulations issued thereunder, may be met from such appropriation.

SB55-ASA1-AA1, s. 2307d Section 2307d. 84.05 of the statutes is amended to read:

SB55-ASA1-AA1,692,10 84.05 Railroad crossing improvements. On a highway which the department has authority to construct and which crosses a railroad, if the department determines that the construction or reconstruction of a grade separation or the rearrangement or elimination of a grade crossing or other rearrangement of the highway or tracks is necessary in the interest of public safety or for convenience of public travel, the department shall make a plan of the construction proposed and an estimate of the cost thereof, including the cost of needed right-of-way; and shall endeavor to make an arrangement with all persons concerned as to all matters involved in the plan, including the portion of the cost of the contemplated work which the persons shall defray. If the department is unable to contract with the persons concerned as to the distribution and payment of the cost of the work or the maintenance thereof, the department shall lay the matter before the office of the commissioner of railroads, and the office of the commissioner of railroads shall review the proceedings and hold a hearing thereon in accordance with ss. 195.28 and 195.29, and shall fix the portion of the cost of the construction and of the maintenance which is to be paid by the persons or corporations concerned, and the portion of the cost, if any, to be paid by the public, which portion shall be paid from the public transportation account in the transportation fund. The office of the commissioner of railroads shall determine the benefits, if any, which will inure to other highways, and apportion and charge to the units of government responsible for the construction of such other highways a fair portion of the cost.

SB55-ASA1-AA1, s. 2307f Section 2307f. 84.09 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,692,21 84.09 (3) (c) The county highway committee when so ordered by the department is authorized and empowered to sell and shall sell at public or private sale, subject to such conditions and terms authorized by the department, any and all buildings, structures, or parts thereof, and any other fixtures or personalty acquired in the name of the county under this section or any predecessor. Any instrument in the name of the county, transferring title to the property mentioned in the foregoing sentence, shall be executed by the county highway committee and the county clerk. The proceeds from such sale shall be deposited with the state in the appropriate in the state and local highways account in the transportation fund and the expense incurred in connection with such sale shall be paid from such fund.

SB55-ASA1-AA1, s. 2307h Section 2307h. 84.09 (5) of the statutes is amended to read: