Wisconsin Legislature: 27,2481png

85.15 (2) The department shall credit to the appropriation account under s. 20.395 (4) (ew) the amount, if any, by which moneys received in any year from the sale or lease of property acquired by the department exceeds $2,750,000. The department shall use 50% of any proceeds credited to this appropriation account from the sale or lease of any property to supplement the costs of management and operations of the district office of the department that initiated the sale or lease of that property.

27,2481mm Section 2481mm. 85.195 of the statutes is created to read:

85.195 Coordination with land conservation committees. (1) In this section, “land conservation committee" means a committee established under s. 92.06 or its designated representative.

(2) Before commencing construction on a highway construction project, the department shall consult with the local land conservation committee to determine all of the following:

(a) The presence and extent of local practices to conserve soil and water resources within the county, including surface and subsurface drainage systems.

(b) The downstream impacts of the increased rate and volume, if any, of storm water runoff resulting from a highway project. This determination shall include an analysis of storm water runoff before and after construction of the highway.

(3) Before commencing construction on a highway construction project, the department shall submit water drainage plans associated with the project to the local land conservation committee for review. The department shall reimburse the land conservation committee from the appropriation under s. 20.395 (3) (cq) for its review under this section.

(4) Decisions concerning the management of storm water runoff related to the construction of a highway shall be made jointly between the department and the local land conservation committee.

27,2481pb Section 2481pb. 85.20 (4m) (a) 1. b. of the statutes is amended to read:

85.20 (4m) (a) 1. b. For the purpose of making allocations under subd. 1. a., the amounts for aids are $43,131,700 in calendar year 1996 and $44,425,700 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

27,2481pc Section 2481pc. 85.20 (4m) (a) 2. b. of the statutes is amended to read:

85.20 (4m) (a) 2. b. For the purpose of making allocations under subd. 2. a., the amounts for aids are $10,891,700 in calendar year 1996 and $11,218,500 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

27,2481pd Section 2481pd. 85.20 (4m) (a) 3. b. of the statutes is amended to read:

85.20 (4m) (a) 3. b. For the purpose of making allocations under subd. 3. a., the amounts for aids are $2,185,400 in calendar year 1996 and $2,251,000 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

27,2481pe Section 2481pe. 85.20 (4m) (a) 4. b. of the statutes is amended to read:

85.20 (4m) (a) 4. b. For the purpose of making allocations under subd. 4. a., the amounts for aids are $13,582,400 in calendar year 1996 and $13,989,900 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

27,2481pf Section 2481pf. 85.20 (4m) (a) 5. b. of the statutes is amended to read:

85.20 (4m) (a) 5. b. For the purpose of making allocations under subd. 5. a., the amounts for aids are $4,258,800 in calendar year 1996 and $4,386,600 in calendar year 1997 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

27,2481pg Section 2481pg. 85.20 (4m) (a) 6. of the statutes is created to read:

85.20 (4m) (a) 6. a. From the appropriation under s. 20.395 (1) (hq), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses in excess of $20,000,000.

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 thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

27,2481pgb Section 2481pgb. 85.20 (4m) (a) 7. of the statutes is created 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 urbanized 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.

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.

27,2481pgd Section 2481pgd. 85.20 (4m) (a) 8. of the statutes is created 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.

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.

27,2481pm Section 2481pm. 85.20 (4m) (em) 1. of the statutes is amended to read:

85.20 (4m) (em) 1. An amount equal to the same percentage of the audited operating expenses for the project year of the applicant's urban mass transit system that is specified for allocations to the applicant under par. (a) 1. to 5 8.

27,2481png Section 2481png. 85.20 (4m) (em) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

27,2481ps Section 2481ps. 85.20 (4s) of the statutes is amended to read:

85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (dq), (dr), (ds), (dt) or, (du), (hq), (hr) or (hs).

27,2481pt Section 2481pt. 85.20 (4s) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

27,2481pv Section 2481pv. 85.20 (7) (a) (intro.) of the statutes is amended to read:

85.20 (7) (a) (intro.) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. to 5 8. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection:

27,2481pw Section 2481pw. 85.20 (7) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

85.20 (7) (a) (intro.) The department shall establish cost-efficiency standards for the urban mass transit system specified in sub. (4m) (a) 1. 6. to 8. The contracts executed between the department and eligible applicants under this section for any period beginning on or after January 1, 1997, shall provide that the department may do any of the following if costs are incurred by the eligible applicant's urban mass transit system which are inconsistent with the standards established under this subsection:

27,2484 Section 2484 . 85.51 of the statutes is created to read:

85.51 State traffic patrol services; special events fee. (1) Except as provided in sub. (2), the department may charge the event sponsor, as defined by rule, a fee, in an amount calculated under a uniform method established by rule, for security and traffic enforcement services provided by the state traffic patrol at any public event for which an admission fee is charged for spectators if the event is organized by a private organization. The department may not impose a fee for such services except as provided in this section. All moneys received under this subsection shall be deposited in the general fund and credited to the appropriation account under s. 20.395 (5) (dg).

(2) Subsection (1) does not apply to farm progress days subject to s. 85.515.

27,2484m Section 2484m. 85.515 of the statutes is created to read:

85.515 Farm progress days. (1) Except for the costs associated with the installation and maintenance of any highway signs specifically identifying farm progress days, the department is prohibited from charging any sponsor of farm progress days for any costs incurred by the department associated with farm progress days.

(2) The department shall promulgate rules specifying eligibility as a sponsor under sub. (1) and determining the conditions that shall be satisfied to qualify as farm progress days under sub. (1).

27,2485 Section 2485 . 85.52 of the statutes is created to read:

85.52 Transportation infrastructure loan program. (1) Definitions. In this section:

(ac) “Capital project" has the meaning given in 49 USC 5302.

(ag) “Eligible applicant" means a county, city, village, town or combination thereof, Amtrak, as defined in s. 85.061 (1), a railroad, as defined in s. 85.01 (5), a private nonprofit organization that is an eligible applicant under s. 85.22 (2) (am), or a transit commission created under s. 59.58 (2) or 66.943.

(am) “Fund" means the transportation infrastructure loan fund established under s. 25.405.

(bm) “Other assistance" has the meaning given in P.L. 104-59, section 350 (L) (3).

(2) Acceptance of federal capitalization grants. The department may enter into an agreement with the U.S. department of transportation to receive a capitalization grant under P.L. 104-59, section 350. The agreement may contain any provision required by P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section.

(3) Administration. (a) The department shall administer a transportation infrastructure loan program to make loans, and to provide other assistance, to eligible applicants for highway projects or transit capital projects. The department of transportation may not make a loan or provide other assistance under the program unless the secretary of administration approves of the loan or other assistance and determines that the amounts in the fund, together with anticipated receipts, will be sufficient to fully pay principal and interest costs incurred on the revenue obligations issued under sub. (5). Loans or other assistance under the program for highway projects shall be credited to the highway account. Loans or other assistance under the program for transit capital projects shall be credited to the transit account.

(bm) Any loan made under the program shall comply with P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section. The department may not provide other assistance under the program to an eligible applicant unless such assistance complies with P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section.

(cm) The joint committee on finance may transfer moneys, at the request of the department, in amounts not to exceed the amounts necessary to meet the requirements under P.L. 104-59, section 350, from the transportation fund to the transportation infrastructure loan fund. The department shall submit to the joint committee on finance for its review and approval proposed reductions among the transportation fund appropriations to the department equal to the amount transferred under this paragraph. The joint committee on finance may approve, disapprove or modify the proposed reductions. Upon approval of the proposed reductions, as may be modified by the committee, an amount equivalent to each approved reduction is lapsed from the appropriation account for each reduced appropriation to the transportation fund.

(dm) Except as provided in this section, the department may not encumber or expend any funds on highway projects or transit capital projects for which a loan or other assistance is provided under this section.

(4) Rules. (a) The department of transportation and the department of administration shall promulgate rules necessary to implement the transportation infrastructure loan program. The rules shall specify the terms and conditions of loans or other assistance provided under the program and shall establish criteria for determining which eligible applicants and which projects are eligible to receive loans or other assistance under the program. The criteria shall include all of the following:

1. The impact of funding a project under the program on accelerating the completion of a major highway project under s. 84.013.

2. The statewide and local economic impact of the projects.

3. The level of commitment by the eligible applicant to the project.

4. The type and quality of intermodal transportation facilities affected by the project.

(b) The department of transportation and the department of administration may charge and collect fees, established jointly by rules, from eligible applicants to recover the costs of administering the program.

(4m) Investment management. The department of administration may:

1. Subject to par. (b), direct the investment board under s. 25.17 (2) (e) to make any investment of the fund, or in the collection of the principal and interest of all moneys loaned or invested from such fund.

2. Subject to par. (b), purchase or acquire, commit on a standby basis to purchase or acquire, sell, discount, assign, negotiate, or otherwise dispose of, or pledge, hypothecate or otherwise create a security interest in, loans as the department of administration may determine, or portions or portfolios of participations in loans, made or purchased under this section. The disposition may be at the price and under the terms that the department of administration determines to be reasonable and may be at public or private sale.

(b) The department of administration shall take an action under par. (a) only if all of the following conditions occur:

1. The action provides a financial benefit to the transportation infrastructure fund.

2. The action does not contradict or weaken the purposes of the transportation infrastructure loan fund.

3. The building commission approves the action before the department of administration acts.

(5) Revenue obligations. (a) The transportation infrastructure loan program is a revenue-producing enterprise or program as defined in s. 18.52 (6).

(b) Deposits, appropriations or transfers to the fund for the purposes specified in s. 20.395 (2) (pq) may be funded with the proceeds of revenue obligations issued subject to and in accordance with subch. II of ch. 18. Revenue obligations issued under this section shall not exceed $100 in principal amount, excluding obligations issued to refund outstanding revenue obligations.

(c) The department of administration may, under s. 18.56 (5) and (9) (j), 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.

(d) The building commission may pledge any portion of revenues received or to be received in the fund established in par. (c) or the transportation infrastructure loan fund to secure revenue obligations issued under this subsection.

(e) The department of administration has all other powers necessary and convenient to distribute the pledged revenues and to distribute the proceeds of the revenue obligations in accordance with subch. II of ch. 18.

(f) The department of administration may enter into agreements with the federal government, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.

(g) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received by the fund.

(h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with subch. II of ch. 18.

27,2485g Section 2485g. 85.53 of the statutes is created to read:

85.53 Pretrial intoxicated driver intervention grant program. (1) In this section:

(a) “Defendant" means a person accused of or charged with a 2nd or subsequent violation of operating while intoxicated.

(b) “Eligible applicant" means a city, village, town, county or private nonprofit organization.

(c) “Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

(d) “Operating while intoxicated" means a violation of s. 346.63 (1) or (2m) or a local ordinance in conformity therewith or of s. 346.63 (2) or (6), 940.09 (1) or 940.25.

(2) The department shall administer the pretrial intoxicated driver intervention grant program. The program shall award grants to eligible applicants to administer a local pretrial intoxicated driver intervention program that, prior to the sentencing of a defendant for operating while intoxicated, does all of the following:

(a) Identifies the defendant and notifies him or her of the availability and cost of the program and that, if the defendant is convicted, a court will consider the defendant's participation in the program when imposing a sentence.

(b) Monitors the defendant's use of intoxicants to reduce the incidence of abuse.

(d) Reports to the court on the defendant's participation in the program.