AB64: Bill Text

AB64,1220 Section 1220. 84.06 (2) (a) of the statutes is amended to read:

AB64,607,15 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.

AB64,1221 Section 1221. 84.06 (2m) of the statutes is created to read:

AB64,607,21 84.06 (2m) Construction manager-general contractor process. (a) If the department finds that it would be more feasible and advantageous, the department may, prior to July 1, 2021, award a 2-phase construction manager-general contractor contract to a construction manager for preconstruction and construction services for an improvement project.

AB64,607,25 (b) For the design and engineering phase, 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.

AB64,608,4 (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. The proposal shall certify that at least 30 percent of the work for the construction phase shall be performed by the construction manager.

AB64,608,6 (d) The department shall obtain an independent cost estimate for the construction of the project.

AB64,608,7 (e) For the construction phase, the department may do any of the following:

AB64,608,9 1. Enter into a construction contract with the construction manager pursuant to a proposal under par. (c).

AB64,608,10 2. Award the construction contract in accordance with sub. (2).

AB64,608,12 (f) The department may utilize a construction manager-general contractor contract for no more than 3 highway improvement projects.

AB64,1222 Section 1222 . 84.062 of the statutes is repealed.

AB64,1223 Section 1223 . 84.41 (3) of the statutes is repealed.

AB64,1224 Section 1224. 84.59 (6) of the statutes is amended to read:

AB64,609,5 84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $3,931,472,900 $4,096,634,600, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

AB64,1225 Section 1225. 85.145 of the statutes is created to read:

AB64,609,10 85.145 Materials provided by electronic mail. (1) Notwithstanding ss. 341.08 (4m) and 343.51 (2) (c), the department may provide by electronic mail any notices or materials that are required to be mailed under s. 341.08 (4m) or 343.51 (2) (c).

AB64,609,14 (2) Notwithstanding s. 341.03 (3) (a) 2., a refusal to accept or failure to receive an order of suspension, revocation, or cancellation provided by the department by electronic mail to the person's last-known electronic mail address is not a defense to a violation of s. 341.03 (1).

AB64,1226 Section 1226 . 86.07 (2) (a) of the statutes is amended to read:

AB64,610,11 86.07 (2) (a) Subject to par. (b) and s. 86.16 (1m) (a) 2. and (c) and (6), no person shall make any excavation or fill or install any culvert or make any other alteration in any highway or in any manner disturb any highway or bridge without a permit therefor from the highway authority maintaining the highway. Such permit shall contain the statement and be subject to the condition that the work shall be constructed subject to such rules and regulations as may be prescribed by said authority and be performed and completed to its satisfaction, and in the case of temporary alterations that the highway or bridge shall be restored to its former condition, and that the permittee shall be liable to the town or county or state, as the case may be, for all damages which occur during the progress of said work or as a result thereof. Nothing herein shall abridge the right of the department, the county board or its highway committee, or any other local authority to make such additional rules, regulations and conditions not inconsistent herewith as may be deemed necessary and proper for the preservation of highways, or for the safety of the public, and to make the granting of any such permit conditional thereon. If any culvert is installed or any excavation or fill or any other alteration is made in violation of the provisions of this paragraph, the highway or bridge may be restored to its former condition by the highway authority in charge of the maintenance thereof at the expense of the violator; and any person who violates this paragraph shall be punished by a fine of not less than $50 nor more than $500, or by imprisonment not exceeding 6 months, or both.

AB64,1227 Section 1227 . 86.16 (6) of the statutes is created to read:

AB64,610,17 86.16 (6) If the department consents under sub. (1) to the construction of broadband infrastructure in underserved areas, as designated under s. 196.504 (2) (d), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.

AB64,1228 Section 1228. 86.30 (2) (a) 3. of the statutes is amended to read:

AB64,610,22 86.30 (2) (a) 3. For each mile of road or street under the jurisdiction of a municipality as determined under s. 86.302, the mileage aid payment shall be $2,117 $2,202 in calendar years 2013 and 2014 year 2017 and $2,202 $2,389 in calendar year 2015 2018 and thereafter.

AB64,1229 Section 1229. 86.30 (9) (b) of the statutes is amended to read:

AB64,611,3 86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $94,615,600 $98,400,200 in calendar years 2013 and 2014 year 2017 and $98,400,200 $111,093,800 in calendar year 2015 2018 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.

AB64,1230 Section 1230. 86.30 (9) (c) of the statutes is amended to read:

AB64,611,10 86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $308,904,300 $321,260,500 in calendar years 2013 and 2014 year 2017 and $321,260,500 $348,639,300 in calendar year 2015 2018 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.

AB64,1231 Section 1231. 86.31 (3g) of the statutes is amended to read:

AB64,611,19 86.31 (3g) County trunk highway improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $5,127,000 in fiscal years 2011-12 and 2012-13, $4,727,000 in fiscal year 2013-14, and $5,127,000 in fiscal year years 2014-15 to 2016-17 and $5,500,000 in fiscal year 2017-2018 and each fiscal year thereafter, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB64,1232 Section 1232. 86.31 (3m) of the statutes is amended to read:

AB64,612,2 86.31 (3m) Town road improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $732,500 in fiscal year 2009-10 and in fiscal year 2010-11, and $5,732,500 in fiscal year years 2011-12 to 2016-17 and $6,000,000 in fiscal year 2017-18 and each fiscal year thereafter, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB64,1233 Section 1233. 86.31 (3r) of the statutes is amended to read:

AB64,612,10 86.31 (3r) Municipal street improvements — discretionary grants. From the appropriation under s. 20.395 (2) (ft), the department shall allocate $1,020,000 in fiscal year 2007-08, $1,040,400 in fiscal year 2008-09, and $976,500 in fiscal year years 2009-10 to 2016-17 and $5,000,000 in fiscal year 2017-18 and each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

AB64,1234 Section 1234. 86.31 (4) of the statutes is amended to read:

AB64,612,21 86.31 (4) Reimbursement for improvements. All costs of an improvement funded under this section shall be the responsibility of the political subdivision. At the completion of an improvement, the political subdivision may apply to the department in the manner and form prescribed by the department for reimbursement of not more than 50 percent of eligible costs in the manner and form prescribed by the department for improvements funded under sub. (3) or not more than 60 percent of eligible costs for improvements funded under subs. (3g) to (3r). Eligible costs for which no reimbursement is made by the department may be paid by the political subdivision from contributions of tribal funds received from federally recognized American Indian tribes or bands in this state.

AB64,1235 Section 1235. 89.03 (3) of the statutes is created to read:

AB64,613,10 89.03 (3) The examining board shall promulgate rules specifying a procedure for addressing allegations that a person licensed or certified by the veterinary examining board under this chapter has practiced as a veterinarian or veterinary technician while impaired by alcohol or other drugs or that his or her ability to practice is impaired by alcohol or other drugs, and for assisting a person licensed by the veterinary examining board under this chapter who requests to participate in the procedure or who requests assistance in obtaining mental health services. In promulgating rules under this subsection, the examining board shall seek to facilitate early identification of chemically dependent veterinarians or veterinary technicians and encourage their rehabilitation. The rules promulgated under this subsection may be used in conjunction with the formal disciplinary process under this chapter. The examining board may contract with another entity to administer the procedure specified under the rules promulgated under this subsection.

AB64,1236 Section 1236 . 92.14 (6) (c) of the statutes is created to read:

AB64,613,17 92.14 (6) (c) When preparing an annual grant allocation plan under par. (b), the department and the department of natural resources shall consider the existence and location of impaired water bodies that the department of natural resources has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A) and agricultural enterprise areas designated under s. 91.84, and shall give priority to projects that are in or near, or that affect, those areas.

AB64,1237 Section 1237. 93.18 (5) of the statutes is amended to read:

AB64,614,2 93.18 (5) Complaint, notice, order, or other process of the department may be served as may be a summons, on a person in the manner provided for service of a summons in civil actions and a subpoena may be served as provided by s. 885.03, and either any of these may be served by registered mail or certified mail to an address furnished by the person or concern to either the department or the department of financial institutions by the person being served. Service may be proved by affidavit. Service in any event may be also by registered mail or certified mail addressed to the person or concern and proved by the post-office return receipt, in which case the time of service is the date borne by the receipt.

AB64,1238 Section 1238. 93.33 of the statutes is renumbered 106.40, and 106.40 (3) (a) and (4s) (c), as renumbered, are amended to read:

AB64,614,12 106.40 (3) (a) The council shall create an executive committee that includes the secretary of agriculture, trade and consumer protection or his or her designee and, the state superintendent of public instruction or his or her designee , and the secretary of workforce development or his or her designee. The council shall select members of the executive committee so that fewer than half of the members of the executive committee are state employees. The executive committee shall provide guidance to the council and to staff that support the functions of the council. The executive committee shall meet between meetings of the council.

AB64,614,17 (4s) (c) Each of the individuals specified in s. 15.137 (2) 15.227 (15) (a) 8. and the chancellor of the University of Wisconsin-Extension, jointly or individually, shall annually prepare a review of agricultural education programs in the University of Wisconsin System, with input from or review by the University of Wisconsin System administration.

AB64,1239 Section 1239. 93.41 of the statutes is repealed.

AB64,1240 Section 1240. 93.47 of the statutes is repealed.

AB64,1241 Section 1241. 93.49 of the statutes is repealed.

AB64,1242 Section 1242. 94.64 (3) (a) 1. of the statutes is amended to read:

AB64,615,2 94.64 (3) (a) 1. Except as provided in subd. 2., no person may manufacture or distribute fertilizer in this state without an annual license from the department. A separate license is required for each business location and each mobile unit at which the person manufactures fertilizer. A license shall expire expires on August 14 September 30 annually and is not transferable between persons or locations.

AB64,1243 Section 1243. 94.64 (3) (c) of the statutes is created to read:

AB64,615,6 94.64 (3) (c) A person who has been issued a license under this subsection shall annually, on or before the date the person's license expires, notify the department that the person intends to maintain, amend, or discontinue the license.

AB64,1244 Section 1244. 94.64 (3r) (b) (intro.) of the statutes is amended to read:

AB64,615,11 94.64 (3r) (b) (intro.) Beginning with the license year that begins on August 15, 2013, a A person applying for a license under sub. (3) shall pay the following agricultural chemical cleanup surcharges, unless the department establishes different surcharges under s. 94.73 (15):

AB64,1245 Section 1245. 94.64 (3r) (b) 1. of the statutes is amended to read:

AB64,615,16 94.64 (3r) (b) 1. For each business location and each mobile unit that the applicant uses to manufacture fertilizer in this state, other than a business location or mobile unit that is also licensed under s. 94.685 or 94.703, $11.20 $20, except as provided in s. 94.73 (15).

AB64,1246 Section 1246. 94.64 (3r) (b) 2. of the statutes is amended to read:

AB64,615,19 94.64 (3r) (b) 2. If the applicant distributes, but does not manufacture, fertilizer in this state, $11.20 $20, except as provided in s. 94.73 (15).

AB64,1247 Section 1247. 94.64 (3r) (b) 3. of the statutes is created to read:

AB64,615,23 94.64 (3r) (b) 3. For each business location and each mobile unit that the applicant uses to distribute bulk fertilizer in this state, $25 in addition to the surcharge under subd. 2., except as provided in s. 94.73 (15).

AB64,1248 Section 1248. 94.64 (4) (a) 5. of the statutes is amended to read:

AB64,616,4 94.64 (4) (a) 5. An agricultural chemical cleanup surcharge of 35 10 cents per ton on all fertilizer that the person sells or distributes in this state after June 30, 2014, unless the department establishes a different surcharge under , except as provided in s. 94.73 (15).

AB64,1249 Section 1249. 94.64 (5) (a) (intro.) of the statutes is amended to read:

AB64,616,8 94.64 (5) (a) Requirement. (intro.) A person who is required to pay fees or surcharges under sub. (4) shall do all of the following by August 14 annually, on or before the date the license expires:

AB64,1250 Section 1250. 94.64 (5) (b) of the statutes is amended to read:

AB64,616,12 94.64 (5) (b) Extended deadline. The department may extend the filing deadline under par. (a) for up to 30 days for cause, in response to a request filed before August 14 the filing deadline.

AB64,1251 Section 1251. 94.65 (2) (a) of the statutes is amended to read:

AB64,616,19 94.65 (2) (a) Except as provided under par. (b), no person may manufacture or distribute a soil or plant additive in this state unless the person first obtains an annual license from the department. Application for a license or for renewal of a license shall be made on forms provided by the department and shall be accompanied by an annual license fee of $25. All licenses expire on March 31. A license expires on September 30 annually.

AB64,1252 Section 1252. 94.65 (6) (a) (intro.) of the statutes is amended to read:

AB64,616,22 94.65 (6) (a) (intro.) Each person holding a permit for the distribution of a soil or plant additive under sub. (3) shall do all of the following:

AB64,1253 Section 1253. 94.65 (6) (a) 1. of the statutes is amended to read:

AB64,617,4 94.65 (6) (a) 1. Annually by March 31, on or before the date the person's permit expires, file with the department a tonnage report setting forth the number of tons of each soil or plant additive distributed during the preceding year the 12 months ending on the preceding June 30 by that person, or by any other person authorized under sub. (3) (a) 2. to distribute under the name of that person and pay to the department a fee of 25 cents per ton so distributed. The minimum total fee is $25.

AB64,1254 Section 1254. 94.65 (6) (a) 3. of the statutes is amended to read:

AB64,617,10 94.65 (6) (a) 3. Annually by March 31, on or before the date the permit expires, pay to the department a research fee of 10 cents for each ton of soil or plant additive distributed as described in the tonnage report filed under subd. 1. The minimum research fee is $1 for 10 tons or less. The department shall credit this fee to the appropriation account under s. 20.115 (7) (h).

AB64,1255 Section 1255. 94.65 (6) (a) 4. of the statutes is amended to read:

AB64,617,16 94.65 (6) (a) 4. Annually by March 31, on or before the date the permit expires, pay to the department a groundwater fee of 10 cents for each ton of soil or plant additive distributed, as described in the tonnage report filed under subd. 1. The minimum groundwater fee is $1 for 10 tons or less. All groundwater fees shall be credited to the environmental fund for environmental management.

AB64,1256 Section 1256. 94.65 (6) (a) 5. of the statutes is created to read:

AB64,617,19 94.65 (6) (a) 5. Annually, on or before the date the permit expires, notify the department that the person intends to maintain, amend, or discontinue the permit.

AB64,1257 Section 1257. 94.65 (6) (b) of the statutes is amended to read:

AB64,618,4 94.65 (6) (b) If by March 31 the date the permit expires a person holding a permit under sub. (3) has failed to file a tonnage report or to pay the inspection fee required under par. (a), the department may summarily suspend or revoke the permit or license issued under this section. A penalty of 10 percent of the inspection fee due shall be assessed against the permit holder for all inspection fees not paid when due. The minimum total penalty is $10. An unpaid inspection fee or penalty shall constitute a debt owed the department by the permit holder until paid. The department may not issue or renew a license or issue a permit or amended permit to a person owing an unpaid inspection fee or penalty.

AB64,1258 Section 1258. 94.68 (2) (a) (intro.) of the statutes is renumbered 94.68 (2) (intro.).

AB64,1259 Section 1259. 94.68 (2) (a) 1. of the statutes is renumbered 94.68 (2) (am).

AB64,1260 Section 1260. 94.68 (2) (a) 2. of the statutes is renumbered 94.68 (2) (bm) and amended to read:

AB64,618,13 94.68 (2) (bm) A report identifying each pesticide that the applicant sells or distributes for use in this state and the gross revenue that the applicant derived from the sale or distribution of each pesticide during the preceding year, as defined in s. 94.681 (1) (d).

AB64,1261 Section 1261. 94.68 (2) (b) of the statutes is repealed.

AB64,1262 Section 1262. 94.68 (3) of the statutes is amended to read:

AB64,618,22 94.68 (3) At least 15 days before a person holding a license under this section begins to sell or distribute for use in this state a pesticide product that was not identified in the person's most recent annual license application, the person shall file a supplementary report with the information required under sub. (2) (a) 2. (bm) and any fees and surcharges required under s. 94.681. The department may not disclose sales revenue information obtained under this subsection submitted under s. 94.68 (2) (a) 2., 2015 stats.

AB64,1263 Section 1263. 94.681 (1) (cm) of the statutes is repealed.

AB64,1264 Section 1264. 94.681 (1) (d) of the statutes is repealed.