Amendment ASA1-AB40

AB40-ASA1, s. 2192n Section 2192n. 79.043 (3) of the statutes is repealed.

AB40-ASA1, s. 2192r Section 2192r. 79.043 (4) of the statutes is repealed.

AB40-ASA1, s. 2192w Section 2192w. 79.043 (5) of the statutes is repealed.

AB40-ASA1, s. 2193d Section 2193d. 79.043 (6) of the statutes is renumbered 79.035 (3) and amended to read:

AB40-ASA1,894,7 79.035 (3) For the distribution in 2011 and subsequent years, each county and municipality shall receive a payment under this section and s. 79.035 that is equal to the amount of the payment determined for the county or municipality under s. 79.02 (4), 2009 stats., in 2010.

AB40-ASA1, s. 2195 Section 2195. 79.05 (1) (am) of the statutes is amended to read:

AB40-ASA1,894,13 79.05 (1) (am) "Inflation factor" means a percentage equal to the average annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year before the statement under s. 79.015, except that the percentage under this paragraph shall not be less than 3 percent zero.

AB40-ASA1, s. 2195g Section 2195g. 79.058 of the statutes is repealed.

AB40-ASA1, s. 2195k Section 2195k. 79.06 of the statutes is repealed.

AB40-ASA1, s. 2195L Section 2195L. 79.07 of the statutes is repealed.

AB40-ASA1, s. 2195m Section 2195m. 83.015 (2) (b) of the statutes is amended to read:

AB40-ASA1,895,4 83.015 (2) (b) In any county with a highway commissioner appointed under s. 83.01 (1) (b) or (c), the county highway committee shall be only a policy-making body determining the broad outlines and principles governing administration and the county highway commissioner shall have the administrative powers and duties prescribed for the county highway committee under par. (a), sub. (3) (a) and ss. 27.065 (4) (b) and (13), 32.05 (1) (a), 82.08, 83.01 (6), 83.013, 83.018, 83.025 (1) and (3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18, 83.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4), 84.10 (1), 86.04 (1) and (2), 86.07 (2), 86.19 (3), 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified elsewhere for the county highway commissioner may be deemed impliedly repealed for the sole reason that reference to it has been omitted in this paragraph.

AB40-ASA1, s. 2196 Section 2196. 84.01 (6m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,895,8 84.01 (6m) (b) (intro.) The department, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the department:

AB40-ASA1, s. 2197 Section 2197. 84.01 (11m) (title) of the statutes is amended to read:

AB40-ASA1,895,11 84.01 (11m) (title) Economic development assistance coordination and reporting.

AB40-ASA1, s. 2198 Section 2198. 84.01 (11m) of the statutes is renumbered 84.01 (11m) (b) and amended to read:

AB40-ASA1,895,21 84.01 (11m) (b) Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in sub. (6m) (a), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40-ASA1, s. 2199 Section 2199. 84.01 (11m) (a) of the statutes is created to read:

AB40-ASA1,895,24 84.01 (11m) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40-ASA1, s. 2200m Section 2200m. 84.01 (18) of the statutes is created to read:

AB40-ASA1,896,10 84.01 (18) Plan for transportation financing for next 10 years. In each even-numbered year, with the information submitted by the department under s. 16.42 (1), the department shall submit a 10-year plan that includes an estimate of total transportation fund revenues, proposed bonding, and estimated debt service for each year of the 10-year period covered by the plan. The plan shall include various scenarios with different levels of transportation spending, from bond or cash sources, and different levels of revenues, with at least one scenario resulting in achieving a stable debt service percentage by the end of the 10-year period. For any scenario resulting in an increasing debt service percentage, the plan shall identify the potential consequences for specific transportation programs of reduced net revenues.

AB40-ASA1, s. 2201 Section 2201. 84.01 (33) (c) of the statutes is repealed.

AB40-ASA1, s. 2202 Section 2202. 84.013 (1) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,896,17 84.013 (1) (a) (intro.) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state, a high-cost state highway bridge project under s. 84.017, or a southeast Wisconsin freeway rehabilitation project under s. 84.014, which megaproject under s. 84.0145, that satisfies any of the following:

AB40-ASA1,896,19 1m. The project has a total cost of more than $5,000,000 $30,000,000, subject to adjustment under sub. (2m), and which involves any of the following:

AB40-ASA1, s. 2203 Section 2203. 84.013 (1) (a) 1. of the statutes is renumbered 84.013 (1) (a) 1m. a.

AB40-ASA1, s. 2204 Section 2204. 84.013 (1) (a) 2. (intro.), a. and b. of the statutes are consolidated, renumbered 84.013 (1) (a) 1m. b. and amended to read:

AB40-ASA1,897,2 84.013 (1) (a) 1m. b. Reconstructing or reconditioning an existing highway by either of the following: a. Relocating relocating 2.5 miles or more of the existing highway. b. Adding or adding one or more lanes 5 miles or more in length to the existing highway.

AB40-ASA1, s. 2205 Section 2205. 84.013 (1) (a) 2m. of the statutes is created to read:

AB40-ASA1,897,5 84.013 (1) (a) 2m. The project has a total cost of more than $75,000,000, subject to adjustment under sub. (2m), and is not described in subd. 1m.

AB40-ASA1, s. 2206 Section 2206. 84.013 (1) (a) 3. of the statutes is renumbered 84.013 (1) (a) 1m. c.

AB40-ASA1, s. 2207 Section 2207. 84.013 (2) (a) of the statutes is amended to read:

AB40-ASA1,897,11 84.013 (2) (a) Subject to ss. 84.014 (6) (b), 84.555, and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (ct) and (4) (jq) and 20.866 (2) (ur) to (uum) and (uus).

AB40-ASA1, s. 2208 Section 2208. 84.013 (2) (b) of the statutes is amended to read:

AB40-ASA1,897,16 84.013 (2) (b) Except as provided in ss. 84.014, 84.017, 84.03 (3), and 84.555, and subject to s. ss. 84.014 (6) (c) and 86.255, reconditioning, reconstruction and resurfacing of highways shall be funded from the appropriations under ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uur) and (uut).

AB40-ASA1, s. 2209 Section 2209. 84.013 (2m) of the statutes is created to read:

AB40-ASA1,898,2 84.013 (2m) The department shall annually adjust the amounts specified in sub. (1) (a) 1m. and 2m. to reflect the annual change in the Wisconsin Department of Transportation Price Index, Yearly Moving Average, as maintained by the department or, if at any time the department no longer maintains this index, another suitable index as determined by the department. Beginning in 2012, prior to October 1 of each year, the department shall compute the annual adjustment required under this subsection and shall publish the new adjusted amount applicable under sub. (1) (a) 1m. and 2m., which amount shall become effective on October 1 of that year. The department may not adjust the amounts specified in sub. (1) (a) 1m. and 2m. to an amount less than that specified in sub. (1) (a) 1m. and 2m.

AB40-ASA1, s. 2210 Section 2210. 84.013 (3) (ad) of the statutes is created to read:

AB40-ASA1,898,5 84.013 (3) (ad) Notwithstanding s. 13.489 (4) (c), any project approved by the transportation projects commission under s. 13.489 (4m) (b).

AB40-ASA1, s. 2211 Section 2211. 84.013 (3) (bd) of the statutes is created to read:

AB40-ASA1,898,8 84.013 (3) (bd) I 39/90 extending approximately 45 miles from USH 12/18 in Dane County to the Illinois-Wisconsin state line in Rock County.

AB40-ASA1, s. 2212 Section 2212. 84.013 (3) (bh) of the statutes is created to read:

AB40-ASA1,898,11 84.013 (3) (bh) STH 38 extending approximately 9 miles from CTH "K" in Racine County to Oakwood Road in Milwaukee County.

AB40-ASA1, s. 2213 Section 2213. 84.013 (3) (bp) of the statutes is created to read:

AB40-ASA1,898,14 84.013 (3) (bp) USH 10 and USH 10/STH 441 extending approximately 5 miles from CTH "CB" in Winnebago County to Oneida Street in Calumet County.

AB40-ASA1, s. 2214 Section 2214. 84.013 (3) (bt) of the statutes is created to read:

AB40-ASA1,898,17 84.013 (3) (bt) STH 15 extending approximately 11 miles from STH 76 to USH 45, near New London, in Outagamie County.

AB40-ASA1, s. 2215 Section 2215. 84.013 (4) (a) of the statutes is amended to read:

AB40-ASA1,898,23 84.013 (4) (a) Subject to s. 13.489 (1m), in preparation for future major highway projects, the department may perform preliminary engineering and design work and studies for possible major highway projects not listed under sub. (3), but no major highway may be constructed unless the project is listed under sub. (3) or approved under sub. (6).

AB40-ASA1, s. 2216 Section 2216. 84.013 (9) of the statutes is amended to read:

AB40-ASA1,899,6 84.013 (9) If the department, in consultation with the department of commerce, determines that a business development having a payroll exceeding $10,000,000 in a calendar year is being located within a 3-mile radius of the intersection of I 90 and Town Line Road in Rock County, the department shall construct an interchange funded from the appropriations under s. 20.395 (3) (cq) to (cx) off of I 90 to Town Line Road.

AB40-ASA1, s. 2217 Section 2217. 84.014 (2) of the statutes is amended to read:

AB40-ASA1,899,12 84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway rehabilitation projects, including the Marquette interchange reconstruction project and projects that involve adding one or more lanes 5 miles or more in length to the existing freeway, may be funded only from the appropriations under ss. 20.395 (3) (cr), (ct), (cw), and (cy) and 20.866 (2) (uum) and (uup).

AB40-ASA1, s. 2218 Section 2218. 84.014 (6) of the statutes is created to read:

AB40-ASA1,899,16 84.014 (6) (a) A southeast Wisconsin freeway rehabilitation project under this section may not simultaneously be considered a southeast Wisconsin freeway megaproject under s. 84.0145.

AB40-ASA1,899,21 (b) Notwithstanding sub. (5m), a southeast Wisconsin freeway rehabilitation project under this section may also be considered a major highway project, eligible for funding under s. 84.013 (2) (a), if the project meets the criteria for a major highway project under s. 84.013 (1) (a) and satisfies all applicable requirements under ss. 13.489 and 84.013.

AB40-ASA1,899,25 (c) Notwithstanding sub. (5m), a southeast Wisconsin freeway rehabilitation project under this section may also be eligible for funding under s. 84.013 (2) (b) if the project is not considered a southeast Wisconsin freeway megaproject under s. 84.0145 or a major highway project under s. 84.013.

AB40-ASA1, s. 2219 Section 2219. 84.0145 of the statutes is created to read:

AB40-ASA1,900,2 84.0145 Southeast Wisconsin freeway megaprojects. (1) In this section:

AB40-ASA1,900,3 (a) "I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1.

AB40-ASA1,900,4 (b) "Southeast Wisconsin freeway" has the meaning given in s. 84.014 (1) (e).

AB40-ASA1,900,7 (c) "Southeast Wisconsin freeway megaproject" means any project on a southeast Wisconsin freeway having a total cost of more than $500 million, subject to adjustment under sub. (4).

AB40-ASA1,900,8 (d) "Zoo interchange" has the meaning given in s. 84.014 (5m) (ag) 2.

AB40-ASA1,900,11 (2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq), (av), (ax), and (ct) and 20.866 (2) (uup).

AB40-ASA1,900,14 (3) (a) The department may not encumber or expend any moneys for construction of a southeast Wisconsin freeway megaproject unless the project is specifically enumerated in a list under par. (b).

AB40-ASA1,900,16 (b) The department may provide funding for the following southeast Wisconsin freeway megaprojects:

AB40-ASA1,900,17 1. The I 94 north-south corridor project.

AB40-ASA1,900,18 2. The Zoo interchange project.

AB40-ASA1,901,3 (4) The department shall annually adjust the amount specified in sub. (1) (c) to reflect the annual change in the Wisconsin Department of Transportation Price Index, Yearly Moving Average, as maintained by the department or, if at any time the department no longer maintains this index, another suitable index as determined by the department. Beginning in 2012, prior to October 1 of each year, the department shall compute the annual adjustment required under this subsection and shall publish the new adjusted amount applicable under sub. (1) (c), which amount shall become effective on October 1 of that year. The department may not adjust the amount specified in sub. (1) (c) to an amount less than that specified in sub. (1) (c).

AB40-ASA1, s. 2220 Section 2220. 84.016 (2) of the statutes is amended to read:

AB40-ASA1,901,8 84.016 (2) Notwithstanding ss. 84.013, 84.51, 84.52, 84.53, 84.555, and 84.95, but subject to sub. (3) and s. 86.255, this state's share of costs for any major interstate bridge project, including preliminary design work for the project, may be funded only from the appropriations under ss. 20.395 (3) (dq), (dv), and (dx) and 20.866 (2) (ugm).

AB40-ASA1, s. 2221 Section 2221. 84.016 (3) of the statutes is repealed.

AB40-ASA1, s. 2221am Section 2221am. 84.017 of the statutes is created to read:

AB40-ASA1,901,17 84.017 High-cost state highway bridge projects. (1) In this section, "high-cost state highway bridge project" means a project involving the construction or rehabilitation of a bridge on the state trunk highway system, including approaches, that has a total estimated cost of more than $150,000,000, but does not include any major interstate bridge project, as defined in s. 84.016 (1), or any project involving a bridge that is part of a southeast Wisconsin freeway megaproject enumerated under s. 84.0145 (3) (b).

AB40-ASA1,901,19 (2) Subject to sub. (3) and s. 86.255, any high-cost state highway bridge project may be funded only from the appropriations under s. 20.395 (3) (dr), (dw), and (dy).

AB40-ASA1,901,24 (3) During the 2011-13 fiscal biennium, the department may encumber or expend moneys from any of the appropriations under s. 20.395 (3) (aq), (av), (ax), (br), (bq), (bv), (bx), (cq), (cv), and (cx) for preliminary costs associated with the reconstruction of the Hoan Bridge and approaches to the east bank of the Milwaukee River on I-794 in Milwaukee County.

AB40-ASA1,902,2 (4) A high-cost state highway bridge project under this section may not be considered a southeast Wisconsin freeway megaproject under s. 84.0145.

AB40-ASA1, s. 2221b Section 2221b. 84.04 (1) (cm) of the statutes is created to read:

AB40-ASA1,902,6 84.04 (1) (cm) "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.

AB40-ASA1, s. 2221c Section 2221c. 84.04 (2) of the statutes is amended to read:

AB40-ASA1,902,14 84.04 (2) The department may construct and maintain parking areas, including car pool parking areas, waysides, overlooks, windbreak hedges, turnouts and carry on roadside improvement along, or in close proximity with state trunk highways. These activities may be performed within highway rights-of-way and upon lands otherwise publicly owned or controlled, or on lands acquired in proximity therewith. The department may acquire lands needed for such purposes. The activities authorized under this subsection include special maintenance activities.

AB40-ASA1, s. 2221cb Section 2221cb. 84.06 (2) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,903,13 84.06 (2) All such highway improvements shall be executed by contract based on bids unless sub. (3) applies or unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. The department may employ an accelerated bidding process if an improvement project is unexpectedly needed and the normal timelines and bidding documents allow insufficient time to follow uniform methods. The secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB40-ASA1, s. 2221cf Section 2221cf. 84.06 (2) (a) of the statutes is renumbered 84.06 (2) and amended to read:

AB40-ASA1,904,12 84.06 (2) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (3) or (4) would be more feasible and advantageous. Bids shall be advertised for in the manner determined by the department. Except as provided in s. 84.075, the contract shall be awarded to the lowest competent and responsible bidder as determined by the department. If the bid of the lowest competent bidder is determined by the department to be in excess of the estimated reasonable value of the work or not in the public interest, all bids may be rejected. The department shall, so far as reasonable, follow uniform methods of advertising for bids and may prescribe and require uniform forms of bids and contracts. Except as provided in par. (b), the The department may employ an accelerated bidding process if an improvement project is unexpectedly needed and the normal timelines and bidding documents allow insufficient time to follow uniform methods. The secretary shall enter into the contract on behalf of the state. Every such contract is exempted from ss. 16.70 to 16.75, 16.755 to 16.82, 16.87 and 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to the contract. Any such contract involving an expenditure of $1,000 or more shall not be valid until approved by the governor. The secretary may require the attorney general to examine any contract and any bond submitted in connection with the contract and report on its sufficiency of form and execution. The bond required by s. 779.14 (1m) is exempt from approval by the governor and shall be subject to approval by the secretary. This subsection also applies to contracts with private contractors based on bids for maintenance under s. 84.07.

AB40-ASA1, s. 2221d Section 2221d. 84.06 (2) (b) of the statutes is repealed.

AB40-ASA1, s. 2221e Section 2221e. 84.06 (3) of the statutes is amended to read:

AB40-ASA1,905,10 84.06 (3) Contracts with county or municipality; direct labor; materials for emergency projects. If the department finds that it would be more feasible and advantageous to have the improvement performed by the county in which the proposed improvement is located and without bids, For any improvement determined by the department to be an emergency and for which no private contractors are available to perform the work, the department may, by arrangement with the county highway committee of the county, without competitive bidding, enter into a contract satisfactory to the department with a county, city, village, or town to have the work done by the county forces and equipment of the county, city, village, or town. In such contract the department may authorize the county , city, village, or town to purchase, deliver, and store materials and may fix the rental rates of small tools and equipment. The contract shall be between the county and the state and shall not be based on bids, and may be entered into on behalf of the county by the county highway committee and on behalf of the state by the secretary. Such contract is exempted from s. 779.14 and from all provisions of chs. 16 and 230, except ss. 16.753 and 16.754. If the total estimated indebtedness to be incurred exceeds $5,000 the contract shall not be valid until approved by the governor. The provisions of this subsection relating to agreements between a county and the state shall also authorize and apply to such arrangements between a city, town, or a village and the state. In such cases, the governing body of the city, town, or village shall enter into the agreement on behalf of the municipality.