LRB-2876/1
ARG:sac:jm
2013 - 2014 LEGISLATURE
October 15, 2013 - Introduced by Representatives Barnes, Wright, Johnson,
Wachs, Pope, Jorgensen, Ohnstad, Shankland, Goyke, Genrich and Kahl,
cosponsored by Senators Harris, T. Cullen and Hansen. Referred to
Committee on Transportation.
AB421,1,3
1An Act to amend 86.34 (1g) (a); and
to create 86.34 (1g) (a) 2. of the statutes;
2relating to: eligibility for disaster damage aids paid by the Department of
3Transportation.
Analysis by the Legislative Reference Bureau
Under current law, if a highway that is not on the state trunk highway system
(highway) is damaged by a disaster, the county or municipality having jurisdiction
over the highway may petition the Department of Transportation (DOT) for payment
of disaster damage aid. A "disaster" is defined as any of the following: 1) a severe
storm, flood, fire, tornado, mudslide, or other natural event external to a highway;
2) the sudden failure of a major element or segment of the highway system due to a
cause that is external to a highway (catastrophic highway failure), but not including
any failure primarily attributable to gradual and progressive deterioration or lack
of proper maintenance of a highway; or 3) an event or recurring damage caused by
any governmental unit or person acting under the direction or approval of, or permit
issued by, any governmental unit and in response to an event described in item 1) or
2), above. Upon receipt of a petition, DOT must make an investigation and determine
whether to grant aid, the amount of the aid as determined under specified criteria,
and the conditions under which aid is granted.
Under this bill, any deterioration or other condition of a bridge on a highway
that, if not repaired or rectified, may lead to failure of the bridge in the foreseeable
future is catastrophic highway failure eligible for disaster damage aid.
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:
AB421,2,33
86.34
(1g) (a) "Catastrophic highway failure" means
the any of the following:
AB421,2,7
41. The sudden failure of a major element or segment of the highway system due
5to a cause that is external to a highway, but
, except as provided in subd. 2., does not
6include any failure primarily attributable to gradual and progressive deterioration
7or lack of proper maintenance of a highway.
AB421,2
8Section
2. 86.34 (1g) (a) 2. of the statutes is created to read:
AB421,2,119
86.34
(1g) (a) 2. Any deterioration or other condition of a bridge on a highway
10that, if not repaired or rectified, may lead to failure of the bridge in the foreseeable
11future.
AB421,3
12Section
3.
Initial applicability.
AB421,2,1413
(1) This act first applies to disasters that occur on the effective date of this
14subsection.
