2001 - 2002 LEGISLATURE
April 18, 2001 - Introduced by Representative Albers, cosponsored by Senator
Burke, by request of Claims Board. Referred to Joint committee on Finance.
1An Act relating to: expenditure of $13,785.25 from moneys appropriated to the
2department of transportation in payment of a claim against the state made by
3the city of West Allis.
Analysis by the Legislative Reference Bureau
This bill directs expenditure of $13,785.25 from moneys appropriated to the
department of transportation (DOT) for the current fiscal biennium for improvement
of existing state trunk highways and connecting highways and bridges, for
construction and rehabilitation of interstate highways, and for certain related
programs in payment of a claim against DOT by the city of West Allis. In 1993-94,
the city incurred real estate acquisition costs in connection with an improvement
project for South 76th Street, 80% of which would have been eligible for federal and
state financial participation if an application for approval of federal financial
participation had been timely filed. The city relied upon DOT to file the application,
but due to an oversight by a DOT employee the application was not filed in a timely
manner. On October 19, 1999, the claims board recommended payment of this claim
(see 1999 Senate Journal, pp. 307-308).
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB328, s. 1
Claim against the state.
There is directed to be expended from the 2
appropriation under section 20.395 (3) (cq) of the statutes, as affected by the acts of 3
1999 and 2001, $13,785.25 in payment of a claim against the state made by the city 4
of West Allis as reimbursement for 80% of the real estate acquisition costs incurred 5
by the city in the improvement of South 76th Street in 1993-94, which would have 6
been paid with federal and state aid but for the failure of an employee of the 7
department of transportation to obtain prior approval for federal financial 8
participation in the improvement project. Acceptance of this payment releases this 9
state and its officers, employees, and agents from any further liability resulting from 10
expenses incurred by the city in constructing this improvement project.