1999 Wisconsin Act 9

2. Deposits in the account established under subd. 1. all of the following:

a. All moneys received from this state and from the federal government for local highway purposes.

b. All local moneys required by this state, or by the federal government, to match moneys described under subd. 2. a. as a condition of receiving or expending those state or federal moneys.

c. All local moneys allocated for local highway purposes by the local governing body.

d. All moneys received from a local revenue source that is dedicated to local highways.

(b) If a municipality or county does not meet the requirements under par. (a) at the time that aid should be paid under this section, the department shall withhold the aid payment until the municipality or county meets the requirements under par. (a). When the municipality or county meets the requirements under par. (a), the department shall pay the aid withheld under this paragraph, without interest, except that, if the municipality or county fails to meet the requirements under par. (a) within 180 days after the time that the aid should be paid, that aid is forfeited and may not be paid to that municipality or county. Aid that is forfeited under this paragraph shall be counted under sub. (2) as if the aid had been paid.

(c) The department, in consultation with the representatives appointed under s. 86.303 (5) (am), shall promulgate rules implementing this subsection . The department may not require any eligible applicant to do any of the following:

1. Pay expenses related to law enforcement using moneys from an account established under this subsection.

2. Maintain separate checking accounts to implement this subsection, if the eligible applicant implements this subsection by segregating revenues and expenditures described in this subsection in the eligible applicant's bookkeeping system.

9,1864 Section 1864. 86.302 (title) of the statutes is repealed and recreated to read:

86.302 (title) Local roads; inventory.

9,1865 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.

9,1866 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.

9,1867 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.

9,1868 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.

9,1869 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.

9,1870 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 under this subsection. The department shall inventory and verify all road mileage in a county or municipality once every 10 years Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.

9,1871 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 2nd 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.

(c) Changes in jurisdictional mileage responsibilities for existing roads highways.

9,1872 Section 1872. 86.303 (4) (b) of the statutes is amended to read:

86.303 (4) (b) In the case of municipalities formed within the previous 6 years, the information needed for the determinations under this section shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to the total mileage of roads and streets highways under their respective jurisdictions. In making these calculations, the department shall use the certified plats filed under s. 86.302 (1) (1g).

9,1873 Section 1873. 86.303 (6) (c) (intro.) of the statutes is amended to read:

86.303 (6) (c) (intro.) The following other costs to the extent to which they are highway related are reportable:

9,1874 Section 1874. 86.303 (6) (c) 4. of the statutes is amended to read:

86.303 (6) (c) 4. Traffic police and street Street lighting costs.

9,1875 Section 1875. 86.303 (6) (cm) of the statutes is created to read:

86.303 (6) (cm) Some portion of law enforcement costs determined by the department, in consultation with the representatives appointed under sub. (5) (am), may be reported as eligible cost items. The department may establish different portions under this paragraph for different classes of counties or municipalities.

9,1875cb Section 1875cb. 86.31 (1) (am) of the statutes is amended to read:

86.31 (1) (am) "County highway improvement program district committee" means a committee established by the department by rule under sub. (6) (f) consisting of not more than 5 county executives or county board chairpersons in counties that do not have county executives, or their designees, all of the county highway commissioners from counties within a county highway improvement program district.

9,1875cd Section 1875cd. 86.31 (1) (f) of the statutes is created to read:

86.31 (1) (f) "Street" has the meaning given in s. 340.01 (64).

9,1875ce Section 1875ce. 86.31 (2) (a) of the statutes is amended to read:

86.31 (2) (a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with the requirements of subs. (3), (3g) and, (3m) and (3r). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.

9,1875cg Section 1875cg. 86.31 (2) (b) of the statutes is amended to read:

86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city, village or town or village does not receive a responsible bid for an improvement, the city, village or town or village may contract with a county for the improvement. A town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).

9,1875dc Section 1875dc. 86.31 (2) (d) 1. of the statutes is repealed.

9,1875dd Section 1875dd. 86.31 (2) (d) 1m. of the statutes is created to read:

86.31 (2) (d) 1m. The county highway department demonstrates that it is cost-effective for it to perform the work and that competitive bidding is to be used for improvements with an estimated total cost at least equal to the total funds allocated for its county trunk highway improvements under the program during the current biennium.

9,1875de Section 1875de. 86.31 (2) (d) 2. of the statutes is repealed.

9,1875df Section 1875df. 86.31 (2) (d) 3. of the statutes is repealed.

9,1875dg Section 1875dg. 86.31 (2) (d) 5. of the statutes is renumbered 86.31 (2) (d) 5. (intro.) and amended to read:

86.31 (2) (d) 5. (intro.) Each county highway improvement program district committee shall be responsible for ensuring compliance with this paragraph. do all of the following with respect to any work to be performed by any county highway department within the county highway improvement program district:

9,1875dh Section 1875dh. 86.31 (2) (d) 5. a. and b. of the statutes are created to read:

86.31 (2) (d) 5. a. Review the proposed work and determine that it is cost-effective for the county highway department to perform the work.

b. Approve the proposed work prior to its being performed by the county highway department.

9,1875di Section 1875di. 86.31 (3) (b) (intro.) of the statutes is amended to read:

86.31 (3) (b) (intro.) From the appropriation under s. 20.395 (2) (fr), after first deducting the funds allocated under subs. (3g) and, (3m) and (3r), the department shall allocate funds for entitlement as follows:

9,1875f Section 1875f. 86.31 (3m) of the statutes is amended to read:

86.31 (3m) Town road improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $2,000,000 in fiscal year 1999-2000 and $500,000 in each following fiscal year to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

9,1875fd Section 1875fd. 86.31 (3r) of the statutes is created to read:

86.31 (3r) Municipal street improvements. From the appropriation under s. 20.395 (2) (fr), the department shall allocate $1,250,000 in fiscal year 1999-2000, and $750,000 in each fiscal year thereafter, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under sub. (3).

9,1875gc Section 1875gc. 86.31 (6) (d) of the statutes is amended to read:

86.31 (6) (d) Procedures for reimbursements for county trunk highway improvements under sub. (3g) and, for town road improvements under sub. (3m) and for municipal street improvements under sub. (3r).

9,1875gd Section 1875gd. 86.31 (6) (g) of the statutes is created to read:

86.31 (6) (g) Specific criteria for making determinations of cost-effectiveness under sub. (2) (d) 5. a. and procedures for review by the department of disputes relating to whether proposed work to be performed by a county highway department is cost-effective for purposes of sub. (2) (d) 5. a.

9,1875ge Section 1875ge. 86.31 (6) (h) of the statutes is created to read:

86.31 (6) (h) Criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:

1. A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids.

2. A requirement that all bids may be rejected and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under subd. 1. by at least 10% and the town board notifies the 2 lowest bidders or, if only one bid was received, the bidder to provide information on the accuracy of the cost estimate under subd. 1.

3. A requirement that the amount of the contract with a county for the improvement be at least 10% below the lowest bid received for the improvement.

4. A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10% below the lowest bid received for the improvement.

9,1876e Section 1876e. 87.30 (1) (d) of the statutes is created to read:

87.30 (1) (d) For an amendment to a floodplain zoning ordinance that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under this subsection, or otherwise review the amendment, to determine whether the ordinance, as amended, is insufficient.

9,1876m Section 1876m. 88.01 (8m) of the statutes is created to read:

88.01 (8m) "Duck Creek Drainage District" has the meaning given in s. 30.01 (1nm).

9,1877 Section 1877. 88.15 of the statutes is created to read:

88.15 Drainage board grants. (1) From the appropriation under s. 20.115 (7) (d), the department of agriculture, trade and consumer protection shall make grants to boards to assist boards to comply with this chapter and rules promulgated under this chapter. A grant under this section may not exceed 60% of the costs incurred by the board to comply with this chapter and rules promulgated under this chapter.

(2) The department of agriculture, trade and consumer protection shall promulgate rules for the administration of the program under this section.

(3) The department of agriculture, trade and consumer protection may not make grants under this section after June 30, 2006.

9,1877d Section 1877d. 88.31 (7m) of the statutes is created to read:

88.31 (7m) The Duck Creek Drainage District is exempt from the permit requirements and procedures under subs. (1) to (7).

9,1877e Section 1877e. 88.31 (8) (intro.) of the statutes is amended to read:

88.31 (8) (intro.) Subject to other restrictions imposed by this chapter, a drainage board which has obtained a permit under this chapter all of the permits as required under this chapter and ch. 30 may:

9,1877f Section 1877f. 88.35 (5m) of the statutes is amended to read:

88.35 (5m) If navigable waters are affected by the proposed drainage, the drainage board shall obtain a permit under s. 88.31. This subsection does not apply to the Duck Creek Drainage District.

9,1877j Section 1877j. 88.62 (3) of the statutes is renumbered 88.62 (3) (a) and amended to read:

88.62 (3) (a) If drainage work is undertaken in navigable waters, the drainage board shall obtain a permit under s. 30.20 or 88.31 or ch. 31, as directed by the department of natural resources, except as provided in par. (b).

9,1877k Section 1877k. 88.62 (3) (b) of the statutes is created to read:

88.62 (3) (b) If drainage work is undertaken in navigable waters located in the Duck Creek Drainage District, the board for that district shall obtain a permit under s. 30.20 or ch. 31, as directed by the department of natural resources.