AB133-ASA1-AA2,292,119
86.30
(11) Local segregated fund required. (a) Notwithstanding sub. (2), the
10department may not pay state aid under this section to a municipality or county
11unless the municipality or county does all of the following:
AB133-ASA1-AA2,292,1312
1. Establishes and administers a separate segregated fund from which moneys
13may be used only for purposes related to local highways.
AB133-ASA1-AA2,292,1414
2. Deposits in the fund established under subd. 1. all of the following:
AB133-ASA1-AA2,292,1615
a. All moneys received from this state and from the federal government for local
16highway purposes.
AB133-ASA1-AA2,292,1917
b. All local moneys required by this state, or by the federal government, to
18match moneys described under subd. 2. a. as a condition of receiving or expending
19those state or federal moneys.
AB133-ASA1-AA2,292,2120
c. All local moneys allocated for local highway purposes by the local governing
21body.
AB133-ASA1-AA2,292,2322
d. All moneys received from a local revenue source that is dedicated to local
23highways.
AB133-ASA1-AA2,293,3
13. Achieves in the fund established under subd. 1., during the year for which
2aid is payable under this section, a balance of moneys that is at least equal to the
3quotient determined under subd. 3. c. as follows:
AB133-ASA1-AA2,293,54
a. Determine, for each of the preceding 5 years, the annual sum of deposits,
5made by the municipality or county, of moneys described in subd. 2. c.
AB133-ASA1-AA2,293,66
b. Add the 3 lowest annual totals determined under subd. 3. a.
AB133-ASA1-AA2,293,77
c. Divide the sum determined under subd. 3. b. by 3.
AB133-ASA1-AA2,293,168
(b) If a municipality or county does not meet the requirements under par. (a)
9at the time that aid should be paid under this section, the department shall withhold
10the aid payment until the municipality or county meets the requirements under par.
11(a). When the municipality or county meets the requirements under par. (a), the
12department shall pay the aid withheld under this paragraph, without interest,
13except that, if the municipality or county fails to meet the requirements under par.
14(a) within 180 days after the time that the aid should be paid, that aid is forfeited and
15may not be paid to that municipality or county. Aid that is forfeited under this
16paragraph shall be counted under sub. (2) as if the aid had been paid.
AB133-ASA1-AA2,293,1717
(c) The department shall promulgate rules implementing this subsection.".
AB133-ASA1-AA2,293,22
18696. Page 978, line 13: before "
The department" insert "
Not later than
19December 15, 2001, and biennially thereafter, each municipality and county shall
20assess the physical condition of highways under its jurisdiction, using a pavement
21rating system approved by the department and report the results of that assessment
22to the department.".
AB133-ASA1-AA2,294,8
6701. Page 978, line 19: delete "
years." and substitute "
years Information
7collected under this subsection is inadmissible as evidence, except to show
8compliance with this subsection.".
AB133-ASA1-AA2,294,1911
86.31
(2) (b) Except as provided in par. (d), improvements for highway
12construction projects funded under the program shall be under contracts.
Such The 13contracts
are subject to ss. 59.52 (29) (c), 60.47 (5m), 61.55 (3) and 62.15 (15). The
14contracts shall be awarded on the basis of competitive bids and shall be awarded to
15the lowest responsible bidder. If a city
, village or town or village does not receive a
16responsible bid for an improvement, the city
, village or town or village may contract
17with a county for the improvement.
A town may contract with a county for the
18improvement subject to the criteria and procedures promulgated as rules under sub.
19(6) (h)".
AB133-ASA1-AA2,295,322
86.31
(1) (am) "County highway improvement program district committee"
23means a committee established by the department by rule under sub. (6) (f)
24consisting of
not more than 5 county executives or county board chairpersons in
1counties that do not have county executives, or their designees, all of the county
2highway commissioners from counties within a county highway improvement
3program district.
AB133-ASA1-AA2,295,106
86.31
(2) (d) 1m. The county highway department demonstrates that it is
7cost-effective for it to perform the work and that competitive bidding is to be used
8for improvements with an estimated total cost at least equal to the total funds
9allocated for its county trunk highway improvements under the program during the
10current biennium.
AB133-ASA1-AA2, s. 1875dg
13Section 1875dg. 86.31 (2) (d) 5. of the statutes is renumbered 86.31 (2) (d) 5.
14(intro.) and amended to read:
AB133-ASA1-AA2,295,1815
86.31
(2) (d) 5. (intro.) Each county highway improvement program district
16committee shall
be responsible for ensuring compliance with this paragraph. do all
17of the following with respect to any work to be performed by any county highway
18department within the county highway improvement program district:
AB133-ASA1-AA2,295,2120
86.31
(2) (d) 5. a. Review the proposed work and determine that it is
21cost-effective for the county highway department to perform the work.
AB133-ASA1-AA2,295,2322
b. Approve the proposed work prior to its being performed by the county
23highway department.".
AB133-ASA1-AA2,296,52
87.30
(1) (d) For an amendment to a floodplain zoning ordinance that affects
3an activity that meets all of the requirements under s. 281.165 (1) to (5), the
4department may not proceed under this subsection, or otherwise review the
5amendment, to determine whether the ordinance, as amended, is insufficient.".
AB133-ASA1-AA2,296,118
86.31
(6) (g) Specific criteria for making determinations of cost-effectiveness
9under sub. (2) (d) 5. a. and procedures for review by the department of disputes
10relating to whether proposed work to be performed by a county highway department
11is cost-effective for purposes of sub. (2) (d) 5. a.
AB133-ASA1-AA2,296,1413
86.31
(6) (h) Criteria and procedures for contracting with a county for a town
14road improvement that includes at least all of the following:
AB133-ASA1-AA2,296,1815
1. A requirement that a written and sealed estimate of the cost of the
16improvement that includes the source of the estimate be prepared prior to the time
17set for the opening of bids for the improvement and not be opened until after the
18opening of all bids.
AB133-ASA1-AA2,296,2319
2. A requirement that all bids may be rejected and the contract awarded to a
20county for the improvement if the lowest bid exceeds the cost estimate under subd.
211. by at least 10% and the town board notifies the 2 lowest bidders or, if only one bid
22was received, the bidder to provide information on the accuracy of the cost estimate
23under subd. 1.
AB133-ASA1-AA2,297,2
13. A requirement that the amount of the contract with a county for the
2improvement be at least 10% below the lowest bid received for the improvement.
AB133-ASA1-AA2,297,53
4. A provision that permits rebidding if the amount of the proposed contract
4with a county for the improvement is less than 10% below the lowest bid received for
5the improvement.".
AB133-ASA1-AA2,297,98
88.11
(1) (f) Assist districts in applying for permits under
s. 88.31 chs. 30 and
931 from the department of natural resources.
AB133-ASA1-AA2,297,1411
88.11
(1) (i) Establish, by rule, performance standards for drainage district
12structures, ditches, maintenance and operations, in order to minimize adverse
13effects on water quality.
The performance standards shall be consistent with any
14requirements imposed by the department of natural resources under s. 88.31.".
AB133-ASA1-AA2,298,219
92.05
(3) (L)
Technical assistance; performance standards. The department
20shall provide technical assistance to county land conservation committees and local
21units of government for the development of ordinances that implement standards
22adopted under s. 92.07 (2), 92.105 (1), 92.15 (2) or (3) or 281.16 (3). The department's
23technical assistance shall include preparing model ordinances, providing data
1concerning the standards and reviewing draft ordinances to determine whether the
2draft ordinances comply with applicable statutes and rules.".
AB133-ASA1-AA2,298,6
588.31 (title)
Special procedure in cases affecting Drainage work in
6navigable waters.
AB133-ASA1-AA2,298,119
88.31
(8) (intro.) Subject to other restrictions imposed by this chapter, a
10drainage board which has obtained
a permit under this chapter all of the permits
11required under chs. 30 and 31 may:
AB133-ASA1-AA2,298,1714
88.35
(6) (intro.) Upon the completion of its duties under subs. (1) to
(5m) (5),
15the board shall prepare a written report, including a copy of any maps, plans or
16profiles that it has prepared. The assessment of benefits and awards of damages
17shall be set forth in substantially the following form:
AB133-ASA1-AA2,298,2119
88.62
(3) If drainage work is undertaken in navigable waters, the drainage
20board shall obtain
a permit under s. 30.20 or 88.31 or ch. 31, as directed by the
21department of natural resources any permit that is required under ch. 30 or 31.
AB133-ASA1-AA2,299,823
88.72
(3) At the hearing on the petition, any interested person may appear and
24contest its sufficiency and the necessity for the work. If the drainage board finds that
1the petition has the proper number of signers and that to afford an adequate outlet
2it is necessary to remove dams or other obstructions from waters and streams which
3may be navigable, or to straighten, clean out, deepen or widen any waters or streams
4either within or beyond the limits of the district, the board shall
file an application
5with the department of natural resources as provided in s. 30.20 or 88.31, as directed
6by the department of natural resources. Thereafter, proceedings shall be had as
7provided in s. 30.20 or 88.31 insofar as the same is applicable
obtain any permit that
8is required under ch. 30 or 31.
AB133-ASA1-AA2,299,1610
88.72
(4) Within 30 days after the department of natural resources has issued
11a permit under s. 30.20 or 88.31 all of the permits as required under chs. 30 and 31,
12the board shall proceed to estimate the cost of the work, including the expenses of
13the proceeding together with the damages that will result from the work, and shall,
14within a reasonable time, award damages to all lands damaged by the work and
15assess the cost of the work against the lands in the district in proportion to the
16assessment of benefits then in force.".
AB133-ASA1-AA2,299,1919
91.75
(1) A minimum lot size is specified.".
