2001 - 2002 LEGISLATURE
February 26, 2002 - Introduced by Representatives Grothman, Suder, Nass, Duff,
Owens, Leibham, Hines, Albers, Kedzie and Gundrum, cosponsored by
Senators Lazich, Darling and Rosenzweig. Referred to Committee on
1An Act to amend
85.205 (1); and to create
85.20 (4m) (g) of the statutes; 2relating to: light rail mass transit systems and the urban mass transit
3operating assistance program.
Analysis by the Legislative Reference Bureau
Current law prohibits any mass transit authority, governing body of any county,
city, village, or town or any agency, corporation, instrumentality, or subunit of a
county, city, village, or town from entering into a contract for any purpose related to
a light rail mass transit system, if the cost of any of the contracted items would be
paid for or reimbursed by federal interstate cost estimate (ICE) funds or funds
received from the state. Current law also prohibits the department of transportation
(DOT) from expending or encumbering any federal ICE funds or state funds for any
purpose related to a light rail mass transit system. These restrictions on contracting
and expending or encumbering funds do not apply to the Kenosha light rail mass
transit system currently under construction or to funds expended or activity related
to a mass transit system that is done under the memorandum of agreement
concerning USH 12. The restrictions expire on June 30, 2002.
This bill eliminates the June 30, 2002, sunset of those restrictions. Under the
bill, the restrictions are made permanent.
Also, under current law, DOT makes state aid payments to local public bodies
in urban areas to assist the local public bodies with the expenses of operating an
urban mass transit system. An urban mass transit system is transportation by bus,
shared-ride taxicab, rail, or other conveyance, either publicly or privately owned,
that provides the public with general or special service on a regular and continuing
This bill prohibits such state aid payments for any transportation service by
rail, unless such rail service is established by the mass transit system before the date
on which this bill becomes law or unless the service is provided by Amtrak.
For further information see the state and local 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:
AB853, s. 1
85.20 (4m) (g) of the statutes is created to read:
(g) Notwithstanding sub. (3), the department may not pay state aids 3
under this section for any transportation services by rail unless the mass transit 4
system provides transportation services by rail on or before the effective date of this 5
paragraph .... [revisor inserts date]. Any increase in the level of transportation 6
service by rail of a mass transit system that provides such service on or before the 7
effective date of this paragraph .... [revisor inserts date], is eligible for an increase 8
in the amount of state aid payable under this section. An eligible applicant may not 9
use aids paid under this section to support transportation services by rail unless the 10
services are eligible for aid under this section. This paragraph does not apply to 11
Amtrak, as defined in s. 85.06 (1) (a).
Notwithstanding ss. 85.022, 85.062,
and 85.063, the department 15
may not encumber or expend any federal funds received under P.L. 102-240
, section 16
1045, or P.L. 105-277
, section 373, or state funds for any purpose related to a light 17
rail mass transit system on or after September 1, 2001, except as provided in s. 85.20
18(4m) (g). Notwithstanding any other provision of ch. 59, 60, 61, 62, or 66, no
1governing body of any county, city, village, or town and no agency, corporation,
2instrumentality, or subunit of a county, city, village, or town may enter into a contract
3for any purpose related to a light rail mass transit system on or after the effective
4date of this subsection .... [revisor inserts date], if the cost of any of the contracted
5items would be paid for by, or reimbursed with, federal funds received under P.L.
6102-240, section 1045, or P.L. 105-277, section 373, or any funds received from the
. This subsection does not apply to any light rail mass transit system that is 8
being constructed on October 29, 1999. This subsection does not apply to any funds 9
expended or activity related to a mass transit system that is done under the 10
memorandum of agreement concerning USH 12 between Middleton and Lake 11
Delton, Wisconsin, that was executed by the governor, the secretary of 12
transportation, the secretary of natural resources, the county executive of Dane 13
County, the administrative coordinator of Sauk County, and others, and that became 14
effective on April 22, 1999. This subsection does not apply after June 30, 2002.
This act takes effect on July 1, 2002, or on the day after publication, 17
whichever is later.