SB21: Bill Text

SB21,2522 Section 2522. 77.51 (13g) (f) of the statutes is created to read:

SB21,1027,7 77.51 (13g) (f) Any person delivering tangible personal property or items under s. 77.52 (1) (b) into this state in a vehicle operated by the person that sells the property or items that are delivered.

SB21,2523 Section 2523. 77.51 (13g) (g) of the statutes is created to read:

SB21,1027,9 77.51 (13g) (g) Any person performing construction activities in this state.

SB21,2524 Section 2524. 77.54 (9a) (a) of the statutes is amended to read:

SB21,1027,15 77.54 (9a) (a) This state or any agency thereof, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Fox River Navigational System Authority.

SB21,2525 Section 2525. 77.59 (5) of the statutes is amended to read:

SB21,1028,2 77.59 (5) The department may offset the amount of any refund for a period, together with interest on the refund, against deficiencies for another period, and against penalties and interest on the deficiencies, or against any amount of whatever kind, due and owing on the books of the department from the person who is entitled to the refund. If the refund is to be paid to a buyer, the department may also set off amounts in the manner in which it sets off income tax and franchise tax refunds under s. 71.93 and may set off amounts for child support or maintenance or both in the manner in which it sets off income taxes under ss. 49.855 and 71.93 (3), (6) and (7). No person has any right to, or interest in, any refund under this chapter until setoff under ss. 49.855, 71.93, and 71.935 has been completed.

SB21,2526 Section 2526. 77.665 of the statutes is created to read:

SB21,1028,6 77.665 Educational programs. (1) In fiscal year 2017-18, $753,533,000 of the taxes collected under this subchapter shall be used to pay the amounts under s. 20.285 (1) (a).

SB21,1028,12 (2) In fiscal year 2018-19, and in each fiscal year thereafter, the amount of the taxes collected under this subchapter that is used to pay the amounts under s. 20.285 (1) (a) is the amount used in the previous fiscal year, adjusted annually on July 1 to reflect any changes 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-month period ending on the preceding December 31.

SB21,2527 Section 2527. 77.86 (1) (b) of the statutes is renumbered 77.86 (1) (b) 1. and amended to read:

SB21,1028,19 77.86 (1) (b) 1. Except as provided under sub. (6), an owner who intends to cut merchantable timber on managed forest land shall, at least 30 days before the cutting is to take place, on a form provided by the department, file a notice of intent to cut and, except as provided under subd. 2., request approval of the proposed cutting from the department.

SB21,2528 Section 2528. 77.86 (1) (b) 2. of the statutes is created to read:

SB21,1029,2 77.86 (1) (b) 2. An owner who is required under the terms of an approved management plan to cut merchantable timber on managed forest land is not required to obtain approval of the cutting of that timber before the cutting takes place if a cooperating forester authorized under s. 28.05 to assist the state in the harvesting and sale of timber provided the required notice of intent to cut to the department under subd. 1.

SB21,2529 Section 2529. 77.86 (3) of the statutes is amended to read:

SB21,1029,8 77.86 (3) Time limit. All cutting specified in the notice under sub. (1) (b) shall be commenced within one year after the date the proposed cutting is approved or, if approval is not required under sub. (1) (b) 2., within one year after the date on which the notice under sub. (1) (b) 1. is filed. The owner shall report to the department the date on which the cutting is commenced.

SB21,2530 Section 2530. 77.86 (4) of the statutes is amended to read:

SB21,1029,15 77.86 (4) Reporting. Within 30 days after completion of any cutting approved under this section, the owner shall report to the department, on a form provided by the department, a description of the species of wood, kind of product and the quantity of each species cut as shown by the scale or measurement made on the ground as cut, skidded, loaded or delivered, or by tree scale certified by a forester acceptable to the department if the wood is sold by tree measurement.

SB21,2531 Section 2531. 77.895 (1) (d) of the statutes is amended to read:

SB21,1029,18 77.895 (1) (d) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1) 23.09 (20m) (a) 3.

SB21,2532 Section 2532. 79.04 (7) (a) of the statutes is amended to read:

SB21,1030,5 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as described in sub. (6) (a), other than a nuclear-powered production plant, is built on the site of, or on a site adjacent to, an existing or decommissioned production plant; or is built on a site purchased by a public utility before January 1, 1980, that was identified in an advance plan as a proposed site for a production plant; or is built on, or on a site adjacent to, brownfields, as defined in s. 238.13 235.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., after December 31, 2003, and has a name-plate capacity of at least one megawatt, each municipality and county in which such a production plant is located shall receive annually from the public utility account a payment in an amount that is equal to the number of megawatts that represents the production plant's name-plate capacity, multiplied by $600.

SB21,2533 Section 2533. 79.10 (7m) (a) 1. of the statutes is renumbered 79.10 (7m) (a) 1. (intro.) and amended to read:

SB21,1030,10 79.10 (7m) (a) 1. (intro.) Except as provided in par. (cm), the amount determined under sub. (4) shall be distributed by the department of administration to the counties on the 4th Monday in July., except as follows:

SB21,2534 Section 2534. 79.10 (7m) (a) 1. a. of the statutes is created to read:

SB21,1030,15 79.10 (7m) (a) 1. a. In the 2016-17 fiscal year, the department of administration shall distribute $853,000,000 on the 4th Monday in July, 2016, related to the 2015 property tax levies, and $105,600,000 on the 4th Monday in June, 2017, related to the 2016 property tax levies.

SB21,2535 Section 2535. 79.10 (7m) (a) 1. b. of the statutes is created to read:

SB21,1030,21 79.10 (7m) (a) 1. b. In the 2017-18 fiscal year, and in each fiscal year thereafter, the department of administration shall distribute $747,400,000 on the 4th Monday in July, related to property taxes levied in the prior calendar year, and $105,600,000 on the following 4th Monday in June, related to property taxes levied in the most recent calendar year.

SB21,2536 Section 2536. 79.10 (7m) (a) 2. of the statutes is amended to read:

SB21,1031,2 79.10 (7m) (a) 2. Except as provided in par. (cm), the county treasurer shall settle for the amounts distributed under this paragraph on the 4th Monday in July with each municipality and taxing jurisdiction in the county not later than August 20. Failure to settle timely under this subdivision subjects the county treasurer to the penalties under s. 74.31.

SB21,2537 Section 2537. 79.10 (7m) (cm) 1. b. of the statutes is amended to read:

SB21,1031,10 79.10 (7m) (cm) 1. b. The treasurer of the municipality shall settle for the amounts distributed under pars. (a) 1. and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

SB21,2538 Section 2538. 79.10 (7m) (cm) 2. b. of the statutes is amended to read:

SB21,1031,18 79.10 (7m) (cm) 2. b. The treasurer of the municipality shall settle for the amounts distributed under pars. (a) 1. and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

SB21,2539 Section 2539. 79.14 of the statutes is amended to read:

SB21,1031,25 79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; $593,050,000 in 2007; $672,400,000 in 2008; $747,400,000 in 2009; $732,550,000 in 2010, 2011, and 2012; and $747,400,000 in 2013, 2014, and 2015; $958,600,000 in fiscal year 2016-17; and $853,000,000 in fiscal year 2017-18 and in each fiscal year thereafter.

SB21,2540 Section 2540. 84.01 (6m) (b) (intro.) of the statutes is amended to read:

SB21,1032,5 84.01 (6m) (b) (intro.) The department, in consultation with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, shall do all of the following for each economic development program administered by the department:

SB21,2541 Section 2541. 84.01 (11m) (a) of the statutes is amended to read:

SB21,1032,9 84.01 (11m) (a) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

SB21,2542 Section 2542. 84.01 (11m) (b) of the statutes is amended to read:

SB21,1032,19 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. 238.07 235.016 (2). The department shall collaborate with the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority to make readily accessible to the public on an Internet-based system the information required under this subsection.

SB21,2543 Section 2543. 84.01 (13) of the statutes is renumbered 84.01 (13) (b) and amended to read:

SB21,1033,8 84.01 (13) (b) The department may engage such engineering, consulting, surveying, or other specialized services as it deems advisable. Any engagement of services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and 16.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement. Any engagement involving an expenditure of $3,000 or more shall be by formal contract approved by the governor. The department shall conduct a uniform cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under this subsection that involves an estimated expenditure of more than $300,000 in accordance with standards prescribed by rule of the department. The department shall review periodically, and before any renewal, the continued appropriateness of contracting pursuant to each engagement under this subsection that involves an estimated expenditure of more than $300,000.

SB21,2544 Section 2544. 84.01 (13) (a) of the statutes is created to read:

SB21,1033,14 84.01 (13) (a) In this subsection, "cost-benefit analysis" means a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by state employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract for contractual services.

SB21,2545 Section 2545. 84.01 (35) of the statutes is repealed.

SB21,2546 Section 2546. 84.01 (36) (d) of the statutes is renumbered 84.01 (36) (d) 1. and amended to read:

SB21,1033,20 84.01 (36) (d) 1. All Except as provided in subd. 2., all fees received under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (3) (eg).

SB21,2547 Section 2547. 84.01 (36) (d) 2. of the statutes is created to read:

SB21,1033,24 84.01 (36) (d) 2. All fees received under this subsection from sponsorship agreements under which the department displays information associated with the sponsor at a passenger railroad station shall be deposited in the transportation fund.

SB21,2548 Section 2548. 84.013 (3) (ai) of the statutes is repealed.

SB21,2549 Section 2549. 84.013 (3) (kg) of the statutes is repealed.

SB21,2550 Section 2550. 84.013 (3) (rm) of the statutes is repealed.

SB21,2551 Section 2551. 84.013 (3) (tr) of the statutes is repealed.

SB21,2552 Section 2552. 84.0145 (1) (a) of the statutes is renumbered 84.0145 (1) (ap).

SB21,2553 Section 2553. 84.0145 (1) (ah) of the statutes is created to read:

SB21,1034,8 84.0145 (1) (ah) "I 94 east-west project" means the reconstruction of the I 94 freeway in Milwaukee County from 70th Street to 16th Street, including all interchanges.

SB21,2554 Section 2554. 84.0145 (2) of the statutes is amended to read:

SB21,1034,12 84.0145 (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), (ar), (av), (ax), and (ct) and (4) (jq) and 20.866 (2) (uup) and (uur).

SB21,2555 Section 2555. 84.0145 (3) (b) 3. of the statutes is created to read:

SB21,1034,14 84.0145 (3) (b) 3. The I 94 east-west project.

SB21,2556 Section 2556. 84.06 (1) (a) of the statutes is renumbered 84.06 (1) (am).

SB21,2557 Section 2557. 84.06 (1) (ag) of the statutes is created to read:

SB21,1034,20 84.06 (1) (ag) "Construction manager" means a person in the business of providing construction services that is also qualified to supervise, manage, or otherwise participate in the engineering, design, or construction work for an improvement project.

SB21,2558 Section 2558. 84.06 (1) (aj) of the statutes is created to read:

SB21,1034,23 84.06 (1) (aj) "Construction manager-general contractor contract" means a contract for an improvement project awarded under sub. (2m).

SB21,2559 Section 2559. 84.06 (2) (a) of the statutes is amended to read:

SB21,1035,20 84.06 (2) (a) All such highway improvements shall be executed by contract based on bids unless the department finds that another method as provided in sub. (2m), (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 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.

SB21,2560 Section 2560. 84.06 (2m) of the statutes is created to read:

SB21,1036,2 84.06 (2m) Construction manager-general contractor process. (a) Prior to July 1, 2019, if the department finds that it would be more feasible and advantageous, the department may award a 2-phase construction manager-general contractor contract to a construction manager for preconstruction and construction services for an improvement project.

SB21,1036,5 (b) The department may award a construction manager-general contractor contract to a construction manager based on qualifications, experience, best value, or any other combination of factors the department considers appropriate.

SB21,1036,8 (c)   Before the project design is 90 percent complete, the construction manager shall provide to the department a proposal for the construction manager to construct the project which does all of the following:

SB21,1036,9 1. Includes a guaranteed maximum price.

SB21,1036,11 2. Certifies that at least 30 percent of the work for the construction phase shall be performed by the construction manager.

SB21,1036,13 (d) The department shall obtain an independent cost estimate for the construction of the project.

SB21,1036,14 (e) For the construction phase, the department may do any of the following:

SB21,1036,16 1. Enter into a construction contract with the construction manager pursuant to a proposal under par. (c).

SB21,1036,17 2. Award the construction contract in accordance with sub. (2).

SB21,1036,19 (f) The department may utilize a construction manager-general contractor contract for no more than 3 highway improvement projects.

SB21,2561 Section 2561. 84.075 (1c) (a) of the statutes is amended to read:

SB21,1036,22 84.075 (1c) (a) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,2562 Section 2562. 84.075 (1c) (b) of the statutes is amended to read:

SB21,1036,25 84.075 (1c) (b) "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

SB21,2563 Section 2563. 84.076 (1) (c) of the statutes is amended to read:

SB21,1037,3 84.076 (1) (c) "Minority business" has the meaning given under s. 16.287 203.07 (1) (e) 1.

SB21,2564 Section 2564. 84.076 (1) (d) of the statutes is amended to read: