Wisconsin Legislature: 27,2485

85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (dq), (dr), (ds), (dt) or, (du), (hq), (hr) or (hs).

27,2481pt Section 2481pt. 85.20 (4s) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

27,2481pv Section 2481pv. 85.20 (7) (a) (intro.) of the statutes is amended to read:

85.20 (7) (a) (intro.) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. to 5 8. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection:

27,2481pw Section 2481pw. 85.20 (7) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

85.20 (7) (a) (intro.) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. 6. to 8. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection:

27,2484 Section 2484 . 85.51 of the statutes is created to read:

85.51 State traffic patrol services; special events fee. (1) Except as provided in sub. (2), the department may charge the event sponsor, as defined by rule, a fee, in an amount calculated under a uniform method established by rule, for security and traffic enforcement services provided by the state traffic patrol at any public event for which an admission fee is charged for spectators if the event is organized by a private organization. The department may not impose a fee for such services except as provided in this section. All moneys received under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (5) (dg).

(2) Subsection (1) does not apply to farm progress days subject to s. 85.515.

27,2484m Section 2484m. 85.515 of the statutes is created to read:

85.515 Farm progress days. (1) Except for the costs associated with the installation and maintenance of any highway signs specifically identifying farm progress days, the department is prohibited from charging any sponsor of farm progress days for any costs incurred by the department associated with farm progress days.

(2) The department shall promulgate rules specifying eligibility as a sponsor under sub. (1) and determining the conditions that shall be satisfied to qualify as farm progress days under sub. (1).

27,2485 Section 2485 . 85.52 of the statutes is created to read:

85.52 Transportation infrastructure loan program. (1) Definitions. In this section:

(ac) “Capital project" has the meaning given in 49 USC 5302.

(ag) “Eligible applicant" means a county, city, village, town or combination thereof, Amtrak, as defined in s. 85.061 (1), a railroad, as defined in s. 85.01 (5), a private nonprofit organization that is an eligible applicant under s. 85.22 (2) (am), or a transit commission created under s. 59.58 (2) or 66.943.

(am) “Fund" means the transportation infrastructure loan fund established under s. 25.405.

(bm) “Other assistance" has the meaning given in P.L. 104-59, section 350 (L) (3).

(2) Acceptance of federal capitalization grants. The department may enter into an agreement with the U.S. department of transportation to receive a capitalization grant under P.L. 104-59, section 350. The agreement may contain any provision required by P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section.

(3) Administration. (a) The department shall administer a transportation infrastructure loan program to make loans, and to provide other assistance, to eligible applicants for highway projects or transit capital projects. The department of transportation may not make a loan or provide other assistance under the program unless the secretary of administration approves of the loan or other assistance and determines that the amounts in the fund, together with anticipated receipts, will be sufficient to fully pay principal and interest costs incurred on the revenue obligations issued under sub. (5). Loans or other assistance under the program for highway projects shall be credited to the highway account. Loans or other assistance under the program for transit capital projects shall be credited to the transit account.

(bm) Any loan made under the program shall comply with P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section. The department may not provide other assistance under the program to an eligible applicant unless such assistance complies with P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section.

(cm) The joint committee on finance may transfer moneys, at the request of the department, in amounts not to exceed the amounts necessary to meet the requirements under P.L. 104-59, section 350, from the transportation fund to the transportation infrastructure loan fund. The department shall submit to the joint committee on finance for its review and approval proposed reductions among the transportation fund appropriations to the department equal to the amount transferred under this paragraph. The joint committee on finance may approve, disapprove or modify the proposed reductions. Upon approval of the proposed reductions, as may be modified by the committee, an amount equivalent to each approved reduction is lapsed from the appropriation account for each reduced appropriation to the transportation fund.

(dm) Except as provided in this section, the department may not encumber or expend any funds on highway projects or transit capital projects for which a loan or other assistance is provided under this section.

(4) Rules. (a) The department of transportation and the department of administration shall promulgate rules necessary to implement the transportation infrastructure loan program. The rules shall specify the terms and conditions of loans or other assistance provided under the program and shall establish criteria for determining which eligible applicants and which projects are eligible to receive loans or other assistance under the program. The criteria shall include all of the following:

1. The impact of funding a project under the program on accelerating the completion of a major highway project under s. 84.013.

2. The statewide and local economic impact of the projects.

3. The level of commitment by the eligible applicant to the project.

4. The type and quality of intermodal transportation facilities affected by the project.

(b) The department of transportation and the department of administration may charge and collect fees, established jointly by rules, from eligible applicants to recover the costs of administering the program.

(4m) Investment management. The department of administration may:

1. Subject to par. (b), direct the investment board under s. 25.17 (2) (e) to make any investment of the fund, or in the collection of the principal and interest of all moneys loaned or invested from such fund.

2. Subject to par. (b), purchase or acquire, commit on a standby basis to purchase or acquire, sell, discount, assign, negotiate, or otherwise dispose of, or pledge, hypothecate or otherwise create a security interest in, loans as the department of administration may determine, or portions or portfolios of participations in loans, made or purchased under this section. The disposition may be at the price and under the terms that the department of administration determines to be reasonable and may be at public or private sale.

(b) The department of administration shall take an action under par. (a) only if all of the following conditions occur:

1. The action provides a financial benefit to the transportation infrastructure fund.

2. The action does not contradict or weaken the purposes of the transportation infrastructure loan fund.

3. The building commission approves the action before the department of administration acts.

(5) Revenue obligations. (a) The transportation infrastructure loan program is a revenue-producing enterprise or program as defined in s. 18.52 (6).

(b) Deposits, appropriations or transfers to the fund for the purposes specified in s. 20.395 (2) (pq) may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18. Revenue obligations issued under this section shall not exceed $100 in principal amount, excluding obligations issued to refund outstanding revenue obligations.

(c) The department of administration may, under s. 18.56 (5) and (9) (j), deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.405 (2). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.

(d) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (c) or the transportation infrastructure loan fund to secure revenue obligations issued under this subsection.

(e) The department of administration has all other powers necessary and convenient to distribute the pledged revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18.

(f) The department of administration may enter into agreements with the federal government, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.

(g) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received by the fund.

(h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with subch. II of ch. 18.

27,2485g Section 2485g. 85.53 of the statutes is created to read:

85.53 Pretrial intoxicated driver intervention grant program. (1) In this section:

(a) “Defendant" means a person accused of or charged with a 2nd or subsequent violation of operating while intoxicated.

(b) “Eligible applicant" means a city, village, town, county or private nonprofit organization.

(c) “Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

(d) “Operating while intoxicated" means a violation of s. 346.63 (1) or (2m) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6), 940.09 (1) or 940.25.

(2) The department shall administer the pretrial intoxicated driver intervention grant program. The program shall award grants to eligible applicants to administer a local pretrial intoxicated driver intervention program that, prior to the sentencing of a defendant for operating while intoxicated, does all of the following:

(a) Identifies the defendant and notifies him or her of the availability and cost of the program and that, if the defendant is convicted, a court will consider the defendant's participation in the program when imposing a sentence.

(b) Monitors the defendant's use of intoxicants to reduce the incidence of abuse.

(d) Reports to the court on the defendant's participation in the program.

(e) Requires program participants to pay a reasonable fee to participate in the program. Such a fee may not exceed 20% of the actual per capita cost of the program.

(3) Grants under this section shall be paid from the appropriation under s. 20.395 (5) (jr). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program. The total amount of grants awarded under this section may not exceed $500,000.

(4) (a) Not later than December 31 of each even-numbered year, the department shall submit a report to the legislature under s. 13.172 (2) that states the number of individuals arrested for a 2nd or subsequent offense of operating while intoxicated; the number of individuals who completed a local pretrial intoxicated driver intervention program; the percentage of successful completion of all individuals who commence such a program; the number of individuals who, after completing such a program, are arrested for a 3rd or subsequent offense of operating while intoxicated; and the number of individuals eligible to participate in a program who did not complete a program and who, after becoming eligible to participate in the program, are arrested for a 3rd or subsequent offense of operating while intoxicated.

(b) An eligible applicant who receives a grant under sub. (2) shall, not later than December 31 of the year for which the grant was made, submit a report to the speaker of the assembly and to the president of the senate in the manner described in s. 13.172 (3) summarizing the results of the pretrial intoxicated driver intervention program administered by the eligible applicant and providing any additional information required by the department.

(5) Consent to participate in a local pretrial intoxicated driver intervention program funded under this section is not an admission of guilt and the consent may not be admitted in evidence in a trial for operating while intoxicated. No statement relating to operating while intoxicated, made by the defendant in connection with any discussions concerning the program or to any person involved in the program, is admissible in a trial for operating while intoxicated.

27,2485m Section 2485m. 85.54 of the statutes is created to read:

85.54 Major highway development finance plan. Biennially, beginning on October 1, 1998, the secretary of transportation and the secretary of administration jointly shall submit a biennial major highway develop ment finance plan to the state building commission and the joint committee on finance and to the chief clerk of each house of the legislature for distribution to the appropriate legislative standing committees under s. 13.172 (3). The plan shall contain estimates over the next 5 biennia of transportation fund revenues, funding for the major highway development program summarized by funding source, proceeds from the sale of transportation revenue obligation bonds, vehicle registration fees pledged against the repayment of revenue obligation bonds, debt service payments paid from transportation fund revenues for transportation revenue obligation bonds and general obligation bonds, total transportation fund revenues, and the assumptions used to arrive at those estimates. The plan shall include information on the impact of the level of bonding authorization included in the plan relative to a guideline that total transportation debt service expenditures should not exceed 10% of total transportation fund revenues, and to a guideline that transportation revenue obligation bond proceeds should be used to fund not more than 55% of the major highway development program.

27,2486 Section 2486 . 85.60 of the statutes is created to read:

85.60 Aid to professional baseball park districts. The department may make aid payments from the appropriation under s. 20.395 (1) (gr) to a local professional baseball park district created under subch. III of ch. 229 for this state's share of costs for the development, construction, reconstruction or improvement of bridges, highways, parking lots, garages, transportation facilities or other functionally related or auxiliary facilities or structures associated with the construction of a new stadium to be used as a home field by a major league professional baseball team in the district.

27,2486ag Section 2486ag. 85.60 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

27,2486am Section 2486am. 86.19 (7) of the statutes is created to read:

86.19 (7) The department shall accept from interested persons a petition for the replacement of any sign that is lawfully erected within the right-of-way of a state trunk highway and that, because of damage or deterioration, is in need of replacement. The department by rule shall establish the contents required of a petition submitted under this subsection, the criteria the department will use to consider such a petition and specifications for the construction and erection of signs replaced under this subsection. Whenever the department approves a petition under this subsection, the petitioners may choose to have the sign replaced by the department or by any person authorized by the department to construct or erect such signs, and shall pay the department or the private company for the sign and its erection. The department shall erect a replacement for the sign that is the subject of a petition approved under this subsection upon receipt of payment for the sign and its erection.

27,2486ar Section 2486ar. 86.195 (2) (ag) 16m. of the statutes is created to read:

86.195 (2) (ag) 16m. STH 172 from I 43 southeast of Green Bay to STH 54 west of Ashwaubenon.

27,2486b Section 2486b. 86.30 (2) (a) 3. d. and e. of the statutes are repealed.

27,2486bg Section 2486bg. 86.30 (2) (a) 3. f. of the statutes is amended to read:

86.30 (2) (a) 3. f. In calendar year 1997 and thereafter, $1,432.

27,2486bj Section 2486bj. 86.30 (2) (a) 3. g. of the statutes is created to read:

86.30 (2) (a) 3. g. In calendar year 1998 and thereafter, $1,596.

27,2486gm Section 2486gm. 86.30 (9) of the statutes is amended to read:

86.30 (9) Aids calculations. (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $66,588,900 in calendar year 1995, $68,586,600 in calendar year 1996 and $70,644,200 in calendar year 1997 and $78,744,300 in calendar year 1998 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.

(c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $209,496,900 in calendar year 1995, $215,781,800 in calendar year 1996 and $222,255,300 in calendar year 1997 and $247,739,100 in calendar year 1998 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.

27,2486gy Section 2486gy. 86.303 (6) (e) of the statutes is amended to read:

86.303 (6) (e) Cost data shall not include state or federal contributions to the work, all other public agency fund contributions, and all private contributions other than local assessments or special assessments paid by governmental agencies.

27,2486hc Section 2486hc. 86.31 (2) (a) of the statutes is amended to read:

86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with the requirements of subs. (3), (3g) and (3m). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.

27,2486he Section 2486he. 86.31 (3) (b) (intro.) of the statutes is amended to read:

86.31 (3) (b) (intro.) From the appropriation under s. 20.395 (2) (fr), after first deducting the funds allocated under sub. subs. (3g) and (3m), the department shall allocate funds for entitlement as follows:

27,2486hg Section 2486hg. 86.31 (3g) of the statutes is created to read:

86.31 (3g) County trunk highway improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $5,000,000 in each fiscal year 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).

27,2486hj Section 2486hj. 86.31 (6) (d) of the statutes is amended to read:

86.31 (6) (d) Procedures for reimbursements for county trunk highway improvements under sub. (3g) and for town road improvements under sub. (3m).