Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,82,23 300. Page 1047, line 16: delete "zero" and substitute " 3 percent".

AB75-SSA1-SA1,83,2 301. Page 1048, line 8: after "revenue" insert " to include only emergency services funded from payments received under ss. 79.035 and 79.043".

AB75-SSA1-SA1,83,3 302. Page 1048, line 10: after "expenses" insert "and capital expenditures".

AB75-SSA1-SA1,83,4 303. Page 1048, line 12: after "expenses" insert "and capital expenditures".

AB75-SSA1-SA1,83,7 304. Page 1048, line 16: after "services" insert "and to ensure that excluding one-time expenses and capital expenditures as provided in sub. (1) does not compromise the level of service for providing emergency services".

AB75-SSA1-SA1,83,8 305. Page 1053, line 1: after "2010" insert ", and $150,000,000 in 2011".

AB75-SSA1-SA1,83,10 306. Page 1053, line 1: delete "and $130,000,000" and substitute ", $145,000,000".

AB75-SSA1-SA1,83,14 307. Page 1053, line 9: after "project." insert "This paragraph does not apply if this state receives federal funds that are designated by the federal government specifically for the project covering at least $75,000,000 of the state's share of the cost of the project.".

AB75-SSA1-SA1,83,15 308. Page 1053, line 14: after "than" insert "65 percent of".

AB75-SSA1-SA1,83,16 309. Page 1053, line 19: after that line insert:

AB75-SSA1-SA1,83,17 " Section 1918pb. 84.01 (35) of the statutes is created to read:

AB75-SSA1-SA1,83,18 84.01 (35) (a) In this subsection:

AB75-SSA1-SA1,83,19 1. "Bikeway" has the meaning given in s. 84.60 (1) (a).

AB75-SSA1-SA1,83,20 2. "Pedestrian way" has the meaning given in s. 346.02 (8) (a).

AB75-SSA1-SA1,84,2 (b) Except as provided in par. (c), and notwithstanding any other provision of this chapter or ch. 82, 83, or 85, the department shall ensure that bikeways and pedestrian ways are established in all new highway construction and reconstruction projects funded in whole or in part from state funds or federal funds appropriated under s. 20.395 or 20.866.

AB75-SSA1-SA1,84,5 (c) The department shall promulgate rules identifying exceptions to the requirement under par. (b), but these rules may provide for an exception only if any of the following apply:

AB75-SSA1-SA1,84,7 1. Bicyclists or pedestrians are prohibited by law from using the highway that is the subject of the project.

AB75-SSA1-SA1,84,15 2. The cost of establishing bikeways or pedestrian ways would be excessively disproportionate to the need or probable use of the bikeways or pedestrian ways. For purposes of this subdivision, cost is excessively disproportionate if it exceeds 20 percent of the total project cost. The rules may not allow an exception under this subdivision to be applied unless the secretary of transportation, or a designee of the secretary who has knowledge of the purpose and value of bicycle and pedestrian accommodations, reviews the applicability of the exception under this subdivision to the particular project at issue.

AB75-SSA1-SA1,84,17 3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.

AB75-SSA1-SA1,84,19 4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.

AB75-SSA1-SA1,84,21 5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.".

AB75-SSA1-SA1,84,22 310. Page 1053, line 19: after that line insert:

AB75-SSA1-SA1,84,23 " Section 1918gq. 84.01 (34) of the statutes is created to read:

AB75-SSA1-SA1,85,6 84.01 (34) Farmland preservation exemption. Chapter 91 and ordinances adopted, rules promulgated, and agreements entered into under that chapter apply to the department only with respect to buildings, structures, and facilities to be used for administrative or operating functions, including buildings, land, and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.".

AB75-SSA1-SA1,85,7 311. Page 1054, line 24: after that line insert:

AB75-SSA1-SA1,85,8 " Section 1918L. 84.013 (3m) (i) of the statutes is created to read:

AB75-SSA1-SA1,85,13 84.013 (3m) (i) In conjunction with the resurfacing project on STH 102, the department shall construct a bicycle and pedestrian path and bridge, including lighting, along STH 102 from State Road to Fayette Avenue in the village of Rib Lake in Taylor County if the village contributes at least $60,000 to the cost of the bicycle and pedestrian path project.".

AB75-SSA1-SA1,85,14 312. Page 1055, line 7: after that line insert:

AB75-SSA1-SA1,85,15 " Section 1919g. 84.03 (5) of the statutes is created to read:

AB75-SSA1-SA1,85,20 84.03 (5) Grant to city of Oak Creek for I 94 interchange. If the department constructs an interchange on I 94 at Drexel Avenue in the city of Oak Creek in Milwaukee County, the department shall award a grant, from the appropriation under s. 20.395 (3) (cr), in the amount of $3,750,000 to the city of Oak Creek for the city's share of the cost of constructing this interchange.".

AB75-SSA1-SA1,85,21 313. Page 1057, line 22: after that line insert:

AB75-SSA1-SA1,85,22 " Section 1924e. 84.1052 of the statutes is created to read:

AB75-SSA1-SA1,86,2 84.1052 Gulf War Veterans Bridge. The department shall designate and mark the bridge on USH 41 across I 94 in Milwaukee County as the "Gulf War Veterans Bridge" as a living memorial to and in honor of all Wisconsin veterans, living and dead, of the Gulf War.".

AB75-SSA1-SA1,86,4 314. Page 1057, line 23: delete the material beginning with that line and ending with page 1058, line 22.

AB75-SSA1-SA1,86,6 315. Page 1063, line 7: delete "KRM" and substitute " southeastern regional transit".

AB75-SSA1-SA1,86,7 316. Page 1063, line 17: after that line insert:

AB75-SSA1-SA1,86,9 "(am) The project is for the installation or maintenance of warning devices at railroad highway crossings.".

AB75-SSA1-SA1,86,11 317. Page 1064, line 6: delete the material beginning with "the" and ending with "(a)" on line 7 and substitute "Milwaukee County".

AB75-SSA1-SA1,86,13 318. Page 1064, line 7: delete "KRM" and substitute "southeastern regional transit".

AB75-SSA1-SA1,86,15 319. Page 1096, line 16: delete "A farmland" and substitute "Except as provided in s. 84.01 (34), a farmland".

AB75-SSA1-SA1,86,17 320. Page 1097, line 9: delete "A farmland" and substitute "Except as provided in s. 84.01 (34), a farmland".

AB75-SSA1-SA1,86,18 321. Page 1166, line 11: after that line insert:

AB75-SSA1-SA1,86,19 " Section 2186w. 103.49 (1) (am) of the statutes is created to read:

AB75-SSA1-SA1,87,2 103.49 (1) (am) "Bona fide economic benefit" means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) (9) or to any other plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer's expected annual contribution.".

AB75-SSA1-SA1,87,3 322. Page 1166, line 11: after that line insert:

AB75-SSA1-SA1,87,4 " Section 2186t. 103.49 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,87,13 103.49 (1) (a) "Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (3) (c), "area" means the city, village , or town in which a proposed project of public works that is subject to this section is located.

AB75-SSA1-SA1, s. 2186v Section 2186v. 103.49 (1) (bg) of the statutes is amended to read:

AB75-SSA1-SA1,87,17 103.49 (1) (bg) "Insufficient wage data" means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project of public works that is subject to this section.

AB75-SSA1-SA1, s. 2186x Section 2186x. 103.49 (1) (bj) of the statutes is created to read:

AB75-SSA1-SA1,87,24 103.49 (1) (bj) "Minor service and maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.".

AB75-SSA1-SA1,87,25 323. Page 1166, line 12: after that line insert:

AB75-SSA1-SA1,88,2 " Section 2187f. 103.49 (1) (d) 1. of the statutes is amended to read:

AB75-SSA1-SA1,88,9 103.49 (1) (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area.

AB75-SSA1-SA1, s. 2187h Section 2187h. 103.49 (1) (d) 2. of the statutes is amended to read:

AB75-SSA1-SA1,88,20 103.49 (1) (d) 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.

AB75-SSA1-SA1, s. 2187j Section 2187j. 103.49 (1) (dm) of the statutes is created to read:

AB75-SSA1-SA1,89,2 103.49 (1) (dm) "Project of public works" means a project involving the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a public facility, including land, a building, or other infrastructure.".

AB75-SSA1-SA1,89,3 324. Page 1166, line 13: after that line insert:

AB75-SSA1-SA1,89,4 " Section 2188e. 103.49 (1) (f) of the statutes is amended to read:

AB75-SSA1-SA1,89,11 103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes a state public body and corporate created by constitution, statute, rule, or order, including specifically the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

AB75-SSA1-SA1, s. 2188f Section 2188f. 103.49 (1) (fm) of the statutes is created to read:

AB75-SSA1-SA1,89,17 103.49 (1) (fm) "Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.".

AB75-SSA1-SA1,89,19 325. Page 1166, line 16: delete "remodeled, repaired, or demolished" and substitute "repaired, remodeled, demolished, or improved".

AB75-SSA1-SA1,89,20 326. Page 1166, line 18: after that line insert:

AB75-SSA1-SA1,89,23 "(a) A project erected, constructed, repaired, remodeled, demolished, or improved by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.".

AB75-SSA1-SA1,89,24 327. Page 1166, line 19: delete that line and substitute:

AB75-SSA1-SA1,89,25 "(b) A project in which the completed facility is leased,".

AB75-SSA1-SA1,90,4 328. Page 1166, line 21: delete "construction of the building" and substitute "erection, construction, repair, remodeling, demolition, or improvement of the facility".

AB75-SSA1-SA1,90,6 329. Page 1166, line 22: delete "(b) A road, street, sanitary sewer," and substitute:

AB75-SSA1-SA1,90,7 "(c) A "sanitary sewer".

AB75-SSA1-SA1,90,10 330. Page 1166, line 23: delete that line and substitute "sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or maintenance by".

AB75-SSA1-SA1,90,12 331. Page 1167, line 2: delete "or demolition" and substitute "demolition , or improvement".

AB75-SSA1-SA1,90,13 332. Page 1167, line 15: after "a project" insert "of public works".

AB75-SSA1-SA1,90,14 333. Page 1167, line 23: after that line insert:

AB75-SSA1-SA1,90,15 " Section 2188k. 103.49 (2m) (a) 1. of the statutes is amended to read:

AB75-SSA1-SA1,90,17 103.49 (2m) (a) 1. All laborers, workers, mechanics , and truck drivers employed on the site of a project of public works that is subject to this section.

AB75-SSA1-SA1, s. 2188m Section 2188m. 103.49 (2m) (a) 2. of the statutes is amended to read:

AB75-SSA1-SA1,90,24 103.49 (2m) (a) 2. All laborers, workers, mechanics , and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB75-SSA1-SA1, s. 2188p Section 2188p. 103.49 (2m) (b) 1. of the statutes is amended to read:

AB75-SSA1-SA1,91,8 103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

AB75-SSA1-SA1, s. 2188r Section 2188r. 103.49 (2m) (b) 2. of the statutes is amended to read:

AB75-SSA1-SA1,91,13 103.49 (2m) (b) 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project of public works and transport that excavated material or spoil away from the site of the project.".

AB75-SSA1-SA1,91,15 334. Page 1167, line 24: delete the material beginning with that line and ending with page 1168, line 5.

AB75-SSA1-SA1,91,17 335. Page 1168, line 10: delete the material beginning with "work" and ending with "located" on line 11 and substitute "work is to be done".

AB75-SSA1-SA1,91,18 336. Page 1168, line 13: after "projects" insert "of public works".

AB75-SSA1-SA1,91,19 337. Page 1168, line 21: after that line insert:

AB75-SSA1-SA1,91,20 " Section 2188v. 103.49 (3) (am) of the statutes is amended to read:

AB75-SSA1-SA1,92,3 103.49 (3) (am) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a construction project of public works extends into more than one area there shall be but one standard of prevailing wage rates for the entire project.".