Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 2307jk Section 2307jk. 84.076 (1) (c) of the statutes is amended to read:

SB55-SSA1-CA1,449,16 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).".

SB55-SSA1-CA1,449,17 1114. Page 865, line 20: after that line insert:

SB55-SSA1-CA1,449,18 " Section 2307f. 84.04 (4) of the statutes is created to read:

SB55-SSA1-CA1,450,2 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-SSA1-CA1,450,3 1115. Page 865, line 20: after that line insert:

SB55-SSA1-CA1,450,4 " Section 2307dc. 84.072 of the statutes is created to read:

SB55-SSA1-CA1,450,6 84.072 Unified disadvantaged business certification program. (1) Definitions. In this section:

SB55-SSA1-CA1,450,8 (a) "Business" means a sole proprietorship, partnership, limited liability company, joint venture, or corporation that is operated for profit.

SB55-SSA1-CA1,450,10 (am) "Certifying authority" means the department or, if authorized under sub. (5m), a municipality or county.

SB55-SSA1-CA1,450,11 (b) "Disadvantaged business" means a business that is all of the following:

SB55-SSA1-CA1,450,14 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-SSA1-CA1,450,16 2. Controlled in its management and daily business operations by one or more of the disadvantaged individuals who own the business.

SB55-SSA1-CA1,450,17 3. A small business concern within the meaning given in 49 CFR 26.5.

SB55-SSA1-CA1,450,20 (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-SSA1-CA1,450,21 (d) "Municipality" means a city, village, or town.

SB55-SSA1-CA1,451,12 (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-SSA1-CA1,451,17 (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-SSA1-CA1,451,20 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-SSA1-CA1,451,22 a. Grant certification in reliance of the certification determination under the federally approved unified certification program.

SB55-SSA1-CA1,451,25 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-SSA1-CA1,452,2 c. Require the applicant to undergo the application process without regard to the other certification.

SB55-SSA1-CA1,452,7 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-SSA1-CA1,452,10 (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-SSA1-CA1,452,15 (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-SSA1-CA1,452,23 (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-SSA1-CA1,453,4 (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-SSA1-CA1,453,6 (b) This subsection does not prohibit a certifying authority from disclosing information to any of the following persons:

SB55-SSA1-CA1,453,7 1. The person to whom the information relates.

SB55-SSA1-CA1,453,8 2. If the certifying authority is a municipality or county, to the department.

SB55-SSA1-CA1,453,10 3. If the certifying authority is the department, to a municipality or county authorized under sub. (5m).

SB55-SSA1-CA1,453,12 4. Any person who has the written consent of the person to whom the information relates to receive such information.

SB55-SSA1-CA1,453,15 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-SSA1-CA1,453,18 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-SSA1-CA1,453,24 (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-SSA1-CA1,454,15 (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-SSA1-CA1,454,25 (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-SSA1-CA1,455,14 (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-SSA1-CA1,455,20 (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-SSA1-CA1,455,24 (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-SSA1-CA1,456,7 (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-SSA1-CA1,456,11 (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-SSA1-CA1, s. 2307de Section 2307de. 84.076 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,456,17 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-SSA1-CA1, s. 2307dg Section 2307dg. 84.076 (1) (b) (intro.) of the statutes is renumbered 84.076 (1) (b) and amended to read:

SB55-SSA1-CA1,456,23 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-SSA1-CA1, s. 2307dh Section 2307dh. 84.076 (1) (b) 1., 2. and 3. of the statutes are repealed.

SB55-SSA1-CA1, s. 2307dj Section 2307dj. 84.076 (3) (intro.) and (a) of the statutes are consolidated, renumbered 84.076 (3) and amended to read:

SB55-SSA1-CA1,457,11 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-SSA1-CA1, s. 2307dk Section 2307dk. 84.076 (3) (b) of the statutes is repealed.

SB55-SSA1-CA1, s. 2307dm Section 2307dm. 84.076 (4) (b) of the statutes is amended to read:

SB55-SSA1-CA1,457,23 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-SSA1-CA1,457,24 1116. Page 865, line 20: after that line insert:

SB55-SSA1-CA1,458,1 " Section 2307g. 84.06 (1) of the statutes is amended to read:

SB55-SSA1-CA1,458,9 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-SSA1-CA1, s. 2307h Section 2307h. 84.07 (1) of the statutes is amended to read:

SB55-SSA1-CA1,459,8 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 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 county or municipality, and any 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. The department may contract with a private entity for services or materials or both associated with the installation, replacement, rehabilitation, or maintenance of highway signs, traffic control signals, highway lighting, pavement markings, and intelligent transportation systems.".

SB55-SSA1-CA1,459,9 1117. Page 865, line 20: after that line insert:

SB55-SSA1-CA1,459,10 " Section 2307cf. 84.09 (9) of the statutes is created to read:

SB55-SSA1-CA1,459,12 84.09 (9) Subsections (5), (5m), and (6) do not apply to residual state property subject to s. 20.9145.

SB55-SSA1-CA1, s. 2307cg Section 2307cg. 84.09 (9) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.".

SB55-SSA1-CA1,459,15 1118. Page 866, line 2: after that line insert:

SB55-SSA1-CA1,459,16 " Section 2307m. 84.1040 of the statutes is created to read:

SB55-SSA1-CA1,459,23 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.

SB55-SSA1-CA1,460,7 (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.".

SB55-SSA1-CA1,460,8 1119. Page 868, line 2: after that line insert:

SB55-SSA1-CA1,460,10 " Section 2308r. 84.30 (10m) of the statutes is renumbered 84.30 (10m) (intro.) and amended to read:

SB55-SSA1-CA1,460,16 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:

SB55-SSA1-CA1, s. 2308s Section 2308s. 84.30 (10m) (a) and (b) of the statutes are created to read:

SB55-SSA1-CA1,460,19 84.30 (10m) (a) An off-premises advertising sign that is owned by a religious organization.

SB55-SSA1-CA1,460,21 (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.".

SB55-SSA1-CA1,460,22 1120. Page 868, line 2: after that line insert:

SB55-SSA1-CA1,460,23 " Section 2308p. 84.28 (1) of the statutes is amended to read:

SB55-SSA1-CA1,462,3 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.

SB55-SSA1-CA1, s. 2308s Section 2308s. 84.28 (2) of the statutes is amended to read:

SB55-SSA1-CA1,463,4 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.".

SB55-SSA1-CA1,463,5 1121. Page 868, line 24: after that line insert:

SB55-SSA1-CA1,463,6 " Section 2310m. 85.027 of the statutes is created to read:

SB55-SSA1-CA1,463,7 85.027 Highway corridor planning grant program. (1) In this section:

SB55-SSA1-CA1,463,11 (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.

SB55-SSA1-CA1,463,14 (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).

SB55-SSA1-CA1,463,19 (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.".

SB55-SSA1-CA1,463,20 1122. Page 869, line 1: before that line insert:

SB55-SSA1-CA1,463,22 " Section 2311g. 85.061 (3) (b) of the statutes is renumbered 85.061 (3) (b) 1. and amended to read:

SB55-SSA1-CA1,464,4 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].

SB55-SSA1-CA1,464,8 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.

SB55-SSA1-CA1,464,10 (c) The department may contract with Amtrak, railroads or other persons to perform the activities under the program.".

SB55-SSA1-CA1,464,11 1123. Page 868, line 25: delete that line.

SB55-SSA1-CA1,464,12 1124. Page 870, line 22: after that line insert: