AB40, s. 2191
1Section 2191. 79.035 (1) of the statutes is amended to read:
AB40,897,62 79.035 (1) In 2004 and subsequent years, except as provided under s. 79.02 (4)
3and (5), each county and municipality shall receive a payment from the county and
4municipal aid account and, beginning with payments in November 2009, from the
5appropriation accounts under s. 20.835 (1) (q) and (r) in an amount determined under
6sub. (2).
AB40, s. 2192 7Section 2192. 79.04 (7) (a) of the statutes is amended to read:
AB40,897,188 79.04 (7) (a) Beginning with payments in 2005, if a production plant, as
9described in sub. (6) (a), other than a nuclear-powered production plant, is built on
10the site of, or on a site adjacent to, an existing or decommissioned production plant;
11or is built on a site purchased by a public utility before January 1, 1980, that was
12identified in an advance plan as a proposed site for a production plant; or is built on,
13or on a site adjacent to, brownfields, as defined in s. 238.13 (1) (a) or s. 560.13 (1) (a),
142009 stats., after December 31, 2003, and has a name-plate capacity of at least one
15megawatt, each municipality and county in which such a production plant is located
16shall receive annually from the public utility account a payment in an amount that
17is equal to the number of megawatts that represents the production plant's
18name-plate capacity, multiplied by $600.
AB40, s. 2193 19Section 2193. 79.043 (6) of the statutes is amended to read:
AB40,897,2320 79.043 (6) For the distribution in 2011 and subsequent years, each county and
21municipality shall receive a payment under this section and s. 79.035 that is equal
22to the amount of the payment determined for the county or municipality under s.
2379.02 (4) in 2010.
AB40, s. 2194 24Section 2194. 79.043 (7) of the statutes is created to read:
AB40,898,4
179.043 (7) For the distribution in 2012 and subsequent years, each county and
2municipality shall receive a payment under this section and s. 79.035 that is equal
3to the amount of the payment determined for the county or municipality under s.
479.02 (5) for 2012.
AB40, s. 2195 5Section 2195. 79.05 (1) (am) of the statutes is amended to read:
AB40,898,106 79.05 (1) (am) "Inflation factor" means a percentage equal to the average
7annual percentage change in the U.S. consumer price index for all urban consumers,
8U.S. city average, as determined by the U.S. department of labor, for the 12 months
9ending on September 30 of the year before the statement under s. 79.015, except that
10the percentage under this paragraph shall not be less than 3 percent zero.
AB40, s. 2196 11Section 2196. 84.01 (6m) (b) (intro.) of the statutes is amended to read:
AB40,898,1412 84.01 (6m) (b) (intro.) The department, in consultation with the department
13of commerce
Wisconsin Economic Development Corporation, shall do all of the
14following for each economic development program administered by the department:
AB40, s. 2197 15Section 2197. 84.01 (11m) (title) of the statutes is amended to read:
AB40,898,1716 84.01 (11m) (title) Economic development assistance coordination and
17reporting.
AB40, s. 2198 18Section 2198. 84.01 (11m) of the statutes is renumbered 84.01 (11m) (b) and
19amended to read:
AB40,899,220 84.01 (11m) (b) Annually, no later than October 1, the department shall submit
21to the joint legislative audit committee and to the appropriate standing committees
22of the legislature under s. 13.172 (3) a comprehensive report assessing economic
23development programs, as defined in sub. (6m) (a), administered by the department.
24The report shall include all of the information required under s. 560.01 (2) (am)
25238.07 (2). The department shall collaborate with the department of commerce

1Wisconsin Economic Development Corporation to make readily accessible to the
2public on an Internet-based system the information required under this subsection.
AB40, s. 2199 3Section 2199. 84.01 (11m) (a) of the statutes is created to read:
AB40,899,54 84.01 (11m) (a) The department shall coordinate any economic development
5assistance with the Wisconsin Economic Development Corporation.
AB40, s. 2200 6Section 2200. 84.01 (13) of the statutes is renumbered 84.01 (13) (b) and
7amended to read:
AB40,899,198 84.01 (13) (b) The department may engage such engineering, consulting,
9surveying, or other specialized services as it deems advisable. Any engagement of
10services under this subsection is exempt from ss. 16.70 to 16.75, 16.755 to 16.82, and
1116.85 to 16.89, but ss. 16.528, 16.752, 16.753, and 16.754 apply to such engagement.
12Any engagement involving an expenditure of $3,000 or more shall be by formal
13contract approved by the governor. The department shall conduct a uniform
14cost-benefit analysis, as defined in s. 16.70 (3g), of each proposed engagement under
15this subsection that involves an estimated expenditure of more than $25,000 in
16accordance with standards prescribed by rule of the department. The department
17shall review periodically, and before any renewal, the continued appropriateness of
18contracting pursuant to each engagement under this subsection that involves an
19estimated expenditure of more than $25,000.
AB40, s. 2201 20Section 2201. 84.01 (33) (c) of the statutes is repealed.
AB40, s. 2202 21Section 2202. 84.013 (1) (a) (intro.) of the statutes is amended to read:
AB40,899,2522 84.013 (1) (a) (intro.) "Major highway project" means a project, except a project
23providing an approach to a bridge over a river that forms a boundary of the state or
24a southeast Wisconsin freeway rehabilitation project under s. 84.014, which
25megaproject under s. 84.0145, that satisfies any of the following:
AB40,900,2
11m. The project has a total cost of more than $5,000,000 $30,000,000, subject
2to adjustment under sub. (2m),
and which involves any of the following:
AB40, s. 2203 3Section 2203. 84.013 (1) (a) 1. of the statutes is renumbered 84.013 (1) (a) 1m.
4a.
AB40, s. 2204 5Section 2204. 84.013 (1) (a) 2. (intro.), a. and b. of the statutes are
6consolidated, renumbered 84.013 (1) (a) 1m. b. and amended to read:
AB40,900,107 84.013 (1) (a) 1m. b. Reconstructing or reconditioning an existing highway by
8either of the following: a. Relocating relocating 2.5 miles or more of the existing
9highway. b. Adding or adding one or more lanes 5 miles or more in length to the
10existing highway.
AB40, s. 2205 11Section 2205. 84.013 (1) (a) 2m. of the statutes is created to read:
AB40,900,1312 84.013 (1) (a) 2m. The project has a total cost of more than $75,000,000, subject
13to adjustment under sub. (2m).
AB40, s. 2206 14Section 2206. 84.013 (1) (a) 3. of the statutes is renumbered 84.013 (1) (a) 1m.
15c.
AB40, s. 2207 16Section 2207. 84.013 (2) (a) of the statutes is amended to read:
AB40,900,1917 84.013 (2) (a) Subject to ss. 84.014 (6) (b), 84.555, and 86.255, major highway
18projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and
19(ct) and (4) (jq) and 20.866 (2) (ur) to (uum) and (uus).
AB40, s. 2208 20Section 2208. 84.013 (2) (b) of the statutes is amended to read:
AB40,900,2421 84.013 (2) (b) Except as provided in ss. 84.014, 84.03 (3), and 84.555, and
22subject to s. ss. 84.014 (6) (c) and 86.255, reconditioning, reconstruction and
23resurfacing of highways shall be funded from the appropriations under ss. 20.395 (3)
24(cq) to (cx) and 20.866 (2) (uur) and (uut).
AB40, s. 2209 25Section 2209. 84.013 (2m) of the statutes is created to read:
AB40,901,10
184.013 (2m) The department shall annually adjust the amounts specified in
2sub. (1) (a) 1m. and 2m. to reflect the annual change in the Wisconsin Department
3of Transportation Price Index, Yearly Moving Average, as maintained by the
4department or, if at any time the department no longer maintains this index, another
5suitable index as determined by the department. Beginning in 2012, prior to October
61 of each year, the department shall compute the annual adjustment required under
7this subsection and shall publish the new adjusted amount applicable under sub. (1)
8(a) 1m. and 2m., which amount shall become effective on October 1 of that year. The
9department may not adjust the amounts specified in sub. (1) (a) 1m. and 2m. to an
10amount less than that specified in sub. (1) (a) 1m. and 2m.
AB40, s. 2210 11Section 2210. 84.013 (3) (ad) of the statutes is created to read:
AB40,901,1312 84.013 (3) (ad) Notwithstanding s. 13.489 (4) (c), any project approved by the
13transportation projects commission under s. 13.489 (4m) (b).
AB40, s. 2211 14Section 2211. 84.013 (3) (bd) of the statutes is created to read:
AB40,901,1615 84.013 (3) (bd) I 39/90 extending approximately 45 miles from USH 12/18 in
16Dane County to the Illinois-Wisconsin state line in Rock County.
AB40, s. 2212 17Section 2212. 84.013 (3) (bh) of the statutes is created to read:
AB40,901,1918 84.013 (3) (bh) STH 38 extending approximately 9 miles from CTH "K" in
19Racine County to Oakwood Road in Milwaukee County.
AB40, s. 2213 20Section 2213. 84.013 (3) (bp) of the statutes is created to read:
AB40,901,2221 84.013 (3) (bp) USH 10 and USH 10/STH 441 extending approximately 5 miles
22from CTH "CB" in Winnebago County to Oneida Street in Calumet County.
AB40, s. 2214 23Section 2214. 84.013 (3) (bt) of the statutes is created to read:
AB40,901,2524 84.013 (3) (bt) STH 15 extending approximately 11 miles from STH 76 to USH
2545, near New London, in Outagamie County.
AB40, s. 2215
1Section 2215. 84.013 (4) (a) of the statutes is amended to read:
AB40,902,62 84.013 (4) (a) Subject to s. 13.489 (1m), in preparation for future major highway
3projects, the department may perform preliminary engineering and design work and
4studies for possible major highway projects not listed under sub. (3), but no major
5highway may be constructed unless the project is listed under sub. (3) or approved
6under sub. (6).
AB40, s. 2216 7Section 2216. 84.013 (9) of the statutes is amended to read:
AB40,902,138 84.013 (9) If the department, in consultation with the department of commerce,
9determines that a business development having a payroll exceeding $10,000,000 in
10a calendar year is being located within a 3-mile radius of the intersection of I 90 and
11Town Line Road in Rock County, the department shall construct an interchange
12funded from the appropriations under s. 20.395 (3) (cq) to (cx) off of I 90 to Town Line
13Road.
AB40, s. 2217 14Section 2217. 84.014 (2) of the statutes is amended to read:
AB40,902,1915 84.014 (2) Subject to ss. 84.555 and 86.255, any southeast Wisconsin freeway
16rehabilitation projects, including the Marquette interchange reconstruction project
17and projects that involve adding one or more lanes 5 miles or more in length to the
18existing freeway, may be funded only from the appropriations under ss. 20.395 (3)
19(cr), (ct), (cw), and (cy) and 20.866 (2) (uum) and (uup).
AB40, s. 2218 20Section 2218. 84.014 (6) of the statutes is created to read:
AB40,902,2321 84.014 (6) (a) A southeast Wisconsin freeway rehabilitation project under this
22section may not simultaneously be considered a southeast Wisconsin freeway
23megaproject under s. 84.0145.
AB40,903,324 (b) Notwithstanding sub. (5m), a southeast Wisconsin freeway rehabilitation
25project under this section may also be considered a major highway project, eligible

1for funding under s. 84.013 (2) (a), if the project meets the criteria for a major
2highway project under s. 84.013 (1) (a) and satisfies all applicable requirements
3under ss. 13.489 and 84.013.
AB40,903,74 (c) Notwithstanding sub. (5m), a southeast Wisconsin freeway rehabilitation
5project under this section may also be eligible for funding under s. 84.013 (2) (b) if
6the project is not considered a southeast Wisconsin freeway megaproject under s.
784.0145 or a major highway project under s. 84.013.
AB40, s. 2219 8Section 2219. 84.0145 of the statutes is created to read:
AB40,903,9 984.0145 Southeast Wisconsin freeway megaprojects. (1) In this section:
AB40,903,1010 (a) "I 94 north-south corridor" has the meaning given in s. 84.014 (5m) (ag) 1.
AB40,903,1111 (b) "Southeast Wisconsin freeway" has the meaning given in s. 84.014 (1) (e).
AB40,903,1412 (c) "Southeast Wisconsin freeway megaproject" means any project on a
13southeast Wisconsin freeway having a total cost of more than $500 million, subject
14to adjustment under sub. (4).
AB40,903,1515 (d) "Zoo interchange" has the meaning given in s. 84.014 (5m) (ag) 2.
AB40,903,18 16(2) Subject to sub. (3) and s. 86.255, any southeast Wisconsin freeway
17megaproject may be funded only from the appropriations under ss. 20.395 (3) (aq),
18(av), (ax), and (ct) and 20.866 (2) (uup).
AB40,903,21 19(3) (a) The department may not encumber or expend any moneys for
20construction of a southeast Wisconsin freeway megaproject unless the project is
21specifically enumerated in a list under par. (b).
AB40,903,2322 (b) The department may provide funding for the following southeast Wisconsin
23freeway megaprojects:
AB40,903,2424 1. The I 94 north-south corridor project.
AB40,903,2525 2. The Zoo interchange project.
AB40,904,10
1(4) The department shall annually adjust the amount specified in sub. (1) (c)
2to reflect the annual change in the Wisconsin Department of Transportation Price
3Index, Yearly Moving Average, as maintained by the department or, if at any time
4the department no longer maintains this index, another suitable index as
5determined by the department. Beginning in 2012, prior to October 1 of each year,
6the department shall compute the annual adjustment required under this subsection
7and shall publish the new adjusted amount applicable under sub. (1) (c), which
8amount shall become effective on October 1 of that year. The department may not
9adjust the amount specified in sub. (1) (c) to an amount less than that specified in sub.
10(1) (c).
AB40, s. 2220 11Section 2220. 84.016 (2) of the statutes is amended to read:
AB40,904,1512 84.016 (2) Notwithstanding ss. 84.013, 84.51, 84.52, 84.53, 84.555, and 84.95,
13but subject to sub. (3) and s. 86.255, this state's share of costs for any major interstate
14bridge project, including preliminary design work for the project, may be funded only
15from the appropriations under ss. 20.395 (3) (dq), (dv), and (dx) and 20.866 (2) (ugm).
AB40, s. 2221 16Section 2221. 84.016 (3) of the statutes is repealed.
AB40, s. 2222 17Section 2222. 84.075 (1c) (a) of the statutes is amended to read:
AB40,904,2018 84.075 (1c) (a) "Disabled veteran-owned business" means a business certified
19by the department of commerce safety and professional services under s. 560.0335
20490.02 (3).
AB40, s. 2223 21Section 2223. 84.075 (1c) (b) of the statutes is amended to read:
AB40,904,2322 84.075 (1c) (b) "Minority business" means a business certified by the
23department of commerce safety and professional services under s. 560.036 490.04 (2).
AB40, s. 2224 24Section 2224. 84.075 (3) of the statutes is amended to read:
AB40,905,9
184.075 (3) The department shall at least semiannually, or more often if
2required by the department of administration, report to the department of
3administration the total amount of money it has paid to contractors, subcontractors,
4and vendors that are minority businesses and that are disabled veteran-owned
5businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with
6minority businesses and disabled veteran-owned businesses in connection with
7proposed purchases and contracts. In its reports, the department shall include only
8amounts paid to businesses certified by the department of commerce safety and
9professional services
as minority businesses or disabled veteran-owned businesses.
AB40, s. 2225 10Section 2225. 84.076 (1) (c) of the statutes is amended to read:
AB40,905,1211 84.076 (1) (c) "Minority business" has the meaning given under s. 560.036
12490.04 (1) (e) 1.
AB40, s. 2226 13Section 2226. 84.076 (1) (d) of the statutes is amended to read:
AB40,905,1514 84.076 (1) (d) "Minority group member" has the meaning given under s.
15560.036 490.04 (1) (f).
AB40, s. 2227 16Section 2227. 84.09 (5) (a) of the statutes is amended to read:
AB40,906,1017 84.09 (5) (a) Subject to pars. (b) and (c) and to the approval of the governor, the
18department may sell at public or private sale property of whatever nature owned by
19the state and under the jurisdiction of the department when the department
20determines that the property is no longer necessary for the state's use for
21transportation purposes and, if real property, the real property is not the subject of
22a petition under s. 560.9810 (2)
. The department shall present to the governor a full
23and complete report of the property to be sold, the reason for the sale, and the
24minimum price for which the same should be sold, together with an application for
25the governor's approval of the sale. The governor shall thereupon make such

1investigation as he or she may deem necessary and approve or disapprove the
2application. Upon such approval and receipt of the full purchase price, the
3department shall by appropriate deed or other instrument transfer the property to
4the purchaser. The approval of the governor is not required for public or private sale
5of property having an appraised value at the time of sale of not more than $15,000,
6for the transfer of surplus state real property to the department of administration
7under s. 560.9810,
or for the transfer of surplus state personal property to the
8department of tourism under sub. (5s). The funds derived from sales under this
9subsection shall be deposited in the transportation fund, and the expense incurred
10by the department in connection with the sale shall be paid from such fund.
AB40, s. 2228 11Section 2228. 84.09 (5) (b) of the statutes is amended to read:
AB40,907,212 84.09 (5) (b) Subject to the approval of the governor in the manner, scope, and
13form specified in par. (a), with respect to the sale of property acquired by the
14department for a project that is completed after May 25, 2006, the department shall,
15and with respect to the sale of property acquired by the department for a project that
16is completed before May 25, 2006, the department may offer for sale or transfer
17ownership of the property that the department determines is no longer necessary for
18the state's use for transportation purposes, if the property is not the subject of a
19petition under s. 560.9810 (2)
. This disposition process shall take place within 24
20months of the completion of the transportation project for which the property was
21acquired. Except as provided in par. (c) 3., the department shall offer limited and
22general marketable properties at appraised value, as determined by a state-certified
23or licensed appraiser, for not less than 12 months. If the department does not sell
24the property at or above its appraised value, the department shall offer the property

1for sale by means of sealed bids or public auction. For the purposes of this paragraph,
2a project is completed when final payment is made under the contract for the project.
AB40, s. 2229 3Section 2229. 84.09 (5r) of the statutes is amended to read:
AB40,908,24 84.09 (5r) In lieu of the sale or conveyance of property under sub. (5) or (5m),
5the department may, subject to the approval of the governor, donate real property
6that is adjacent to the veterans memorial site located at The Highground in Clark
7County and owned by the state and under the jurisdiction of the department to the
8Wisconsin Vietnam Veterans Memorial Project, Inc., for the purpose of the veterans
9memorial site located at The Highground in Clark County for the purpose of a
10memorial hall specified in s. 70.11 (9). The department may donate property under
11this subsection only when the department determines that the property is no longer
12necessary for the state's use for transportation purposes and is not the subject of a
13petition under s. 560.9810 (2)
and is transferred with a restriction that the donee may
14not subsequently transfer the real property to any person except to this state, which
15shall not be charged for any improvements thereon. Such restriction shall be
16recorded in the office of the register of deeds in the county in which the property is
17located. The department shall present to the governor a full and complete report of
18the property to be donated, the reason for the donation, and the minimum price for
19which the property could likely be sold under sub. (5), together with an application
20for the governor's approval of the donation. The governor shall thereupon make such
21investigation as he or she considers necessary and approve or disapprove the
22application. Upon such approval, the department shall by appropriate deed or other
23instrument transfer the property to the donee. The approval of the governor is not
24required for donation of property having an appraised value at the time of donation

1of not more than $15,000. Any expense incurred by the department in connection
2with the donation shall be paid from the transportation fund.
AB40, s. 2230 3Section 2230. 84.185 (1) (a) of the statutes is amended to read:
AB40,908,74 84.185 (1) (a) "Business" has the meaning given in s. 560.60 (2) means a
5company located in this state, a company that has made a firm commitment to locate
6a facility in this state, or a group of companies at least 80 percent of which are located
7in this state
.
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