Wisconsin Legislature: LRB-2079/1

SECTION 1830. 85.024 (2) of the statutes is amended to read:

85.024 (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the The department shall award from the appropriation under s. 20.395 (2) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.

SECTION 1831. 85.08 (4m) (h) of the statutes is created to read:

85.08 (4m) (h) Interest rate. The department, by rule, shall establish the rate of interest applicable to loans under this subsection.

SECTION 1832. 85.12 (3) of the statutes is created to read:

85.12 (3) The department may contract with any local governmental unit, as defined in s. 16.97 (7), to provide that local governmental unit with services under this section.

SECTION 1833. 85.135 of the statutes is created to read:

85.135 Fees for certain court orders suspending or revoking an operating privilege. The department shall, by rule, develop and implement a system for charging circuit courts and municipal courts for each order of the court suspending or revoking an operating privilege under s. 345.47 (1), 800.09 (1) (c), 800.095 (4) (b) 4., 938.17 (2) (d), 938.34 (8) or 938.343 (2) solely for failure to pay a forfeiture imposed for violating an ordinance that is unrelated to the violator's operation of a motor vehicle. The amount of the fee may not exceed the cost of processing the order. The department may not process an order of a court suspending or revoking an operating privilege under s. 345.47 (1), 800.09 (1) (c), 800.095 (4) (b) 4., 938.17 (2) (d), 938.34 (8) or 938.343 (2) until the court has paid the fee required under this section, if any, to the department.

SECTION 1834. 85.20 (1) (g) of the statutes is amended to read:

85.20 (1) (g) "Operating expenses" mean costs accruing to an urban mass transit system by virtue of its operations, including costs to subsidize fares paid by disabled persons for transportation within the urban area of the eligible applicant, and maintenance. For a publicly owned system, operating expenses do not include profit, return on investment or depreciation as costs. If a local public body contracts for the services of a privately owned system on the basis of competitive bids, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance, profit and return on investment. If a local public body contracts for the services of a privately owned system on the basis of negotiated procurement, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance. In an urban area which is served exclusively by shared-ride taxicab systems, operating expenses may include costs to subsidize reasonable fares paid by all users for transportation within the urban area of the eligible applicant.

SECTION 1835. 85.20 (3) (cr) of the statutes is amended to read:

85.20 (3) (cr) To conduct a management performance audit of all urban mass transit systems participating in the program at least once every 5 years. If a management performance audit is required of all urban mass transit systems participating in the program, an eligible applicant served exclusively by a shared-ride taxicab system may be exempted from an audit if the eligible applicant voluntarily complies with s. 85.20 (4m) (b).

SECTION 1836. 85.20 (4m) (a) (intro.) of the statutes is amended to read:

85.20 (4m) (a) (intro.) An amount shall be allocated Except as provided in s. 85.20 (4m) (b) 2., the department shall allocate to each eligible applicant to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is an amount equal to a uniform percentage, established by the department, of the projected operating expenses of the each eligible applicant's urban mass transit system for the calendar year. The department shall make allocations as follows:

SECTION 1837. 85.20 (4m) (a) 1., 2., 3., 4. and 5. of the statutes are repealed.

SECTION 1838. 85.20 (4m) (a) 6. b. of the statutes is amended to read:

85.20 (4m) (a) 6. b. For the purpose of making allocations under subd. 6. a., the amounts for aids are $60,984,900 in calendar year 1998 and $63,119,300 in calendar year 1999 and $65,012,900 in calendar year 2000 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SECTION 1839. 85.20 (4m) (a) 6. c. of the statutes is created to read:

85.20 (4m) (a) 6. c. The sum of state aids allocated under this section and federal mass transit aids provided for the projected operating expenses of an urban mass transit system that has annual operating expenses in excess of $20,000,000 may not exceed 50% of the sum of the projected operating expenses of the urban mass transit system. Only federal mass transit aid that the federal government provides directly to the eligible applicant or to the urbanized area served by the mass transit system or that the department allocates under this section may be counted under this subd. 6. c.

SECTION 1840. 85.20 (4m) (a) 7. a. of the statutes is amended to read:

85.20 (4m) (a) 7. a. From the appropriation under s. 20.395 (1) (hr), the uniform percentage for each eligible applicant served by an urban mass transit system operating within an urban area having a population as shown in the 1990 federal decennial census of at least 50,000 or receiving federal mass transit aid for such area, and not specified in subd. 6. This subd. 7. a. does not apply after December 31, 1999.

SECTION 1841. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $17,799,600 in calendar year 1998 and $18,422,500 in calendar year 1999 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SECTION 1842. 85.20 (4m) (a) 7m. of the statutes is created to read:

85.20 (4m) (a) 7m. a. Beginning on January 1, 2000, from the appropriation under s. 20.395 (1) (hr), the uniform percentage determined by the department for each eligible applicant not described in subd. 6. In allocating state aid under this subdivision, the department shall determine the amount of federal aid available for operating expenses. If the department determines that federal aid is available for an eligible applicant's operating expenses, the department may require the eligible applicant to accept that federal aid as a condition of receiving state aid under this section.

b. Except as provided in subd. 7m. c., for the purpose of making allocations under subd. 7m. a., the amounts for aids are $24,100,400 in calendar year 2000 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year. Except as provided in subd. 7m. c., the sum of state aid and federal aid allocated under this section to an eligible applicant may not exceed 65% of an eligible applicant's projected operating expenses.

c. For an eligible applicant served by a mass transit system operating within an urbanized area that has a population, as shown in the 1990 federal decennial census, of 50,000 or more or that is eligible for only federal mass transit aid for such areas, the sum of state aid and federal aid allocated under this section for calendar years 2000 and 2001 may not exceed 60% of the projected operating expenses. For an eligible applicant served by a mass transit system that operates both partly within an urbanized area that has a population of 50,000 or more, as shown in the 1990 federal decennial census, or that is eligible for federal mass transit aid for urbanized areas having that population and that operates partly in areas other than urbanized areas and is eligible for federal mass transit aid for providing service to those other areas, the sum of state aid and federal aid allocated under this section for the portion of the projected operating expenses of the eligible applicant's mass transit system associated with service within an urbanized area or eligible for federal mass transit aid for service within urbanized areas may not exceed 60% of the projected operating expenses of that service for calendar years 2000 and 2001. This subd. 7m. c. does not apply after December 31, 2001.

SECTION 1843. 85.20 (4m) (a) 8. a. of the statutes is amended to read:

85.20 (4m) (a) 8. a. From the appropriation under s. 20.395 (1) (hs), the uniform percentage for each eligible applicant served by an urban mass transit system operating within an area having a population as shown in the 1990 federal decennial census of less than 50,000 or receiving federal mass transit aid for such area. This subd. 8. a. does not apply after December 31, 1999.

SECTION 1844. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $4,807,600 in calendar year 1998 and $4,975,900 in calendar year 1999 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

SECTION 1845. 85.20 (4m) (b) 1. of the statutes is amended to read:

85.20 (4m) (b) 1. Except as provided in subd. 2., each eligible applicant shall provide a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 20% of state aid allocations to that eligible applicant under this section 10% of the eligible applicant's operating expenses.

SECTION 1846. 85.20 (4m) (b) 2. of the statutes is amended to read:

85.20 (4m) (b) 2. Subdivision 1. does not apply to an Except as provided in this subdivision, an eligible applicant that is served exclusively by a shared-ride taxicab system is not required to meet the requirements of subd. 1. For calendar year 2000, the department may not increase the amount of state aid allocated under this section to an eligible applicant that is served exclusively by a shared-ride taxicab system beyond the amount allocated to that eligible applicant for calendar year 1999, unless the eligible applicant provides a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 5% of the eligible applicant's operating expenses. Beginning with calendar year 2001, the department may not increase the amount of state aid allocated under this section to an eligible applicant that is served exclusively by a shared-ride taxicab system beyond the amount allocated to that eligible applicant during the preceding calendar year, unless the eligible applicant complies with the requirements of subd. 1. This subdivision does not prohibit the department from allocating aid under this section to an eligible applicant served exclusively by a shared-ride taxicab system in its first year of service.

SECTION 1847. 85.20 (4m) (em) 3. of the statutes is amended to read:

85.20 (4m) (em) 3. Five times the amount of an eligible applicant's required local contribution under par. (b) 1. This subdivision does not apply after December 31, 1999.

SECTION 1848. 85.20 (6) (c) of the statutes is created to read:

85.20 (6) (c) Disclose to the department the amount of federal aid over which the eligible applicant has spending discretion and that the eligible applicant intends to apply towards operating expenses for a calendar year.

SECTION 1849. 85.20 (6) (d) of the statutes is created to read:

85.20 (6) (d) Accept federal aid, if directed by the department to accept that aid. This paragraph applies only to eligible applicants described in sub. (4m) (a) 7m.

SECTION 1850. 85.22 (2) (am) (intro.) of the statutes is amended to read:

85.22 (2) (am) (intro.) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under 49 USC Appendix 1612 (b) (2) and is one of the following:

SECTION 1851. 85.22 (4) of the statutes is renumbered 85.22 (4) (a) (intro.) and amended to read:

85.22 (4) (a) (intro.) Commencing with the highest ranked application and to the extent that state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed 80% any of the following:

1. The percentage, specified by the department by rule, of the estimated capital project costs.

(b) State aids available under this section shall not be available for operating purposes.

SECTION 1852. 85.22 (4) (a) 2. of the statutes is created to read:

85.22 (4) (a) 2. For the specific type or category of capital equipment for which aid is paid, the percentage of the estimated capital costs that are eligible for federal aid.

SECTION 1853. 85.50 of the statutes is repealed.

SECTION 1854. 85.515 of the statutes, as created by 1997 Wisconsin Act 84, is amended to read:

85.515 Implementation of 1997 Wisconsin Act 84. If the secretary determines that the changes to the department's computerized information systems made necessary by 1997 Wisconsin Act 84 will be operational before May 1, 2000 2001, the secretary shall publish a notice in the Wisconsin Administrative Register that states the date on which the changes to the department's computerized information system will begin operating, and that the clearly states which portion of revisions to the operator's license suspension and revocation law made by 1997 Wisconsin Act 84 will become effective on that date.

SECTION 1855. 85.52 (5) (c) of the statutes is amended to read:

85.52 (5) (c) The department of administration may, under s. 18.56 18.561 (5) and (9) (j) or 18.562 (3) and (5) (e), 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.

SECTION 1856. 86.30 (2) (a) 1. of the statutes is amended to read:

86.30 (2) (a) 1. Except as provided in pars. (b), (d) and (dm) and s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under subd. 2. and to each municipality shall be the aids amount calculated under subd. 2. or 3., whichever is greater. If the amounts calculated for a municipality under subd. 2. or 3. are the same, transportation aids to that municipality shall be paid under subd. 2.

SECTION 1857. 86.30 (2) (a) 3. f. of the statutes is repealed.

SECTION 1858. 86.30 (2) (a) 3. g. of the statutes is amended to read:

86.30 (2) (a) 3. g. In calendar year years 1998 and thereafter 1999, $1,596.

SECTION 1859. 86.30 (2) (a) 3. h. of the statutes is created to read:

86.30 (2) (a) 3. h. In calendar year 2000 and thereafter, $1,644.

SECTION 1860. 86.30 (2) (b) 1. of the statutes is amended to read:

86.30 (2) (b) 1. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 2. may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment or a decrease in its annual transportation aid payment in excess of 5% 2% of its last previous calendar year transportation aid payment.

SECTION 1861. 86.30 (2) (b) 1g. of the statutes is amended to read:

86.30 (2) (b) 1g. Except as provided under par. (d) and s. 86.303 (5), no municipality whose aid is determined under par. (a) 3. may receive a decrease in its annual transportation aid payment in excess of 5% 2% of its last previous calendar year transportation aid payment.

SECTION 1862. 86.30 (9) (b) of the statutes is amended to read:

86.30 (9) (b) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to counties are $70,644,200 in calendar year 1997 and $78,744,300 in calendar year years 1998 and 1999 and $81,106,600 in calendar year 2000 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.

SECTION 1863. 86.30 (9) (c) of the statutes is amended to read:

86.30 (9) (c) For the purpose of calculating and distributing aids under sub. (2), the amounts for aids to municipalities are $222,255,300 in calendar year 1997 and $247,739,100 in calendar year years 1998 and 1999 and $254,784,900 in calendar year 2000 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.

SECTION 1864. 86.302 (title) of the statutes is repealed and recreated to read:

86.302 (title) Local roads; inventory and assessment.

SECTION 1865. 86.302 (1) of the statutes is renumbered 86.302 (1g) and amended to read:

86.302 (1g) Except as provided in sub. (1m), beginning on January 1, 2001, the board of every town, village and county, and the governing body of every city, shall file with the department and with the county clerk not later than December 15 of every odd-numbered year, a certified plat of such town, village, city the municipality or county showing the roads and streets highways under their its jurisdiction and the mileage thereof to be open and used for travel as of the succeeding January 1, which may be used by the. The department may use the plats in making computations of transportation aids. One-half of the mileage of roads or streets highways on boundary lines shall be considered as lying in each town, village, city municipality or county.

SECTION 1866. 86.302 (1d) of the statutes is created to read:

86.302 (1d) (a) "Highway" has the meaning given in s. 340.01 (22).

(b) "Municipality" means a city, village or town.

SECTION 1867. 86.302 (1m) (a) of the statutes is renumbered 86.302 (1m) (a) 1. and amended to read:

86.302 (1m) (a) 1. The board of a town, village or county and the governing body of a city need not file a certified plat under sub. (1) if the town, village, In lieu of filing a certified plat under sub. (1g), if a municipality or county or city has not added or deleted jurisdictional mileage since filing its last preceding certified plat under sub. (1) (1g), its board or governing body may file a certified statement to that effect with the department.

SECTION 1868. 86.302 (1m) (a) 2. of the statutes is created to read:

86.302 (1m) (a) 2. Notwithstanding subd. 1., the department may require every municipality and county to file a certified plat under sub. (1g) with the department in the year after the year in which a federal decennial census is conducted.

SECTION 1869. 86.302 (1m) (b) of the statutes is amended to read:

86.302 (1m) (b) Upon incorporation of a village or city, the board of the village and the governing body of the city shall file with the department and with the county clerk a certified plat of the village or city showing the roads and streets highways under its jurisdiction and the mileage thereof to be open and used for travel as of the date of incorporation, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets highways on boundary lines shall be considered as lying in the village or city.

SECTION 1870. 86.302 (2) of the statutes is amended to read:

86.302 (2) Not later than December 15, 2001, and biennially thereafter, each municipality and county shall assess the physical condition of highways under its jurisdiction, using a pavement rating system approved by the department and report the results of that assessment to the department. The department shall assess the accuracy of mileage or other data concerning highways reported by municipalities and counties and may use field investigations to verify a portion of the data constituting a valid random sample or such specialized sample as the department considers appropriate. The department shall cooperate with and provide assistance to local units of government in their jurisdictional mileage determination efforts. The department shall inventory and verify all road mileage in a county or municipality once every 10 years under this subsection. Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.

SECTION 1871. 86.302 (3) of the statutes is amended to read:

86.302 (3) For the purposes of transportation aid determinations under s. 86.30, the department shall use changes in the road highway mileage of a city, municipality or county, town or village indicated on the certified plat filed under sub. (1) shall be used by the department (1g) in making computations of transportation aids to be paid beginning in the next odd-numbered year following the odd-numbered year in which the certified plat is filed. The department shall consider the following factors shall be considered by the department:

(a) New roads highways.

(b) Abandoned roads highways.