LRB-2975/2
PEN:mfd:hmh
1997 - 1998 LEGISLATURE
August 21, 1997 - Introduced by Representatives Brandemuehl, Musser, Freese,
Albers, Hahn, Vrakas, Goetsch, Kelso, Grothman, Ott, Schafer, Seratti,
Otte, Powers, Kedzie, Ainsworth, Zukowski, Gunderson
and Plouff,
cosponsored by Senators Plache, Farrow, Huelsman, Moen and Schultz.
Referred to Committee on Highways and Transportation.
AB483,1,4 1An Act to create 84.095 of the statutes; relating to: allowing the department
2of transportation to contract with public utilities and rural electric cooperative
3associations for cooperative acquisition, development or maintenance of jointly
4used rights-of-way.
Analysis by the Legislative Reference Bureau
With specific limits, current law authorizes any municipality to contract with
another municipality, and with federally recognized Indian tribes and bands in this
state, for the receipt or furnishing of services or the joint exercise of any power or duty
required or authorized by law. If municipal or tribal parties to a contract have
varying powers or duties under the law, each may act under the contract to the extent
of its lawful powers and duties.
This bill allows the department of transportation to contract with any public
utility or rural electric cooperative association for the joint exercise of any power or
duty required or authorized by law relating to the acquisition, development or
maintenance of rights-of-way to be used jointly by the contracting parties. However,
no contract may authorize a party to exceed the party's legal authority.
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:
AB483, s. 1
1Section 1. 84.095 of the statutes is created to read:
AB483,2,11 284.095 Cooperative acquisition of rights-of-way. (1) The department
3may contract with a public utility, as defined in s. 196.01 (5), or with a rural electric
4cooperative association, as described in s. 32.02 (10), for the receipt or furnishing of
5services, or the joint exercise of any power or duty required or authorized by law,
6relating to the acquisition, development or maintenance of rights-of-way to be used
7jointly by the department and a public utility or rural electric cooperative
8association. If parties to a contract under this section have varying powers or duties
9under the law, each may act under the contract to the extent of its lawful powers and
10duties. This section shall be interpreted liberally in favor of cooperative action
11between the department and a public utility or rural electric cooperative association.
AB483,2,15 12(2) Any contract under this section may provide a plan for administration of
13the function or project, which may include provisions as to proration of the expenses
14involved, deposit and disbursement of funds appropriated, submission and approval
15of budgets and formation and letting of contracts.
AB483,2,1616 (End)
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