LRB-5591/1
EVM:skw
2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Representatives B. Meyers, Zamarripa, Considine,
C. Taylor, Spreitzer, Milroy, Sinicki, Sargent, Hebl, Billings, Ohnstad,
Emerson, Doyle, Subeck, Stubbs and Shankland, cosponsored by Senators
Bewley, Schachtner, Smith, Erpenbach, Miller, Carpenter, Larson and L.
Taylor
. Referred to Committee on Rules.
AB1025,1,2 1An Act to amend 86.34 (2) of the statutes; relating to: aids for certain highways
2damaged by a disaster.
Analysis by the Legislative Reference Bureau
Under current law, if a highway that is not on the state trunk highway system
is damaged by a disaster, the county or municipality that has jurisdiction over the
highway may petition the Department of Transportation for payment of disaster
damage aid. A “disaster” is 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, 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). Upon receipt of a petition, DOT must make an
investigation and determine whether to grant aid, the amount of the aid, and the
conditions under which aid is granted. For an event described in item 1) or 2), the
amount of aid is 75 percent of the repair or replacement cost and, if reconstructing
improved facilities is warranted, an additional 50 percent of the increased cost of
constructing the improved facilities.
Under this bill, for an event described in item 1) or 2), the amount of aid for
constructing improved facilities is increased from 50 percent to 75 percent of the
increased cost resulting from the improvement not to exceed $75,000.

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:
AB1025,1 1Section 1. 86.34 (2) of the statutes is amended to read:
AB1025,3,22 86.34 (2) The department shall make such investigation as it deems necessary
3and within 6 months from the date of filing the petition shall make its determination
4as to the granting of aid, the amount thereof, and the conditions under which it is
5granted. In making its determination the department shall cause an estimate to be
6made of the cost of repairing or replacing the facilities damaged or destroyed to
7standards and efficiency similar to those existing immediately before the damage or
8destruction, and also an estimate of the cost of reconstructing the facilities to a higher
9type or improving any such facilities if determined to be warranted and advisable.
10Except as provided in subs. (2m) and (6), the amount of aid payable for damage
11caused by a disaster described in sub. (1g) (b) 1. shall be 75 percent of the cost of
12repair or replacement to standards similar to those existing immediately before the
13damage or destruction, plus 50 75 percent of the increased cost of the reconstruction
14to a higher type or the improvement of any of the facilities, except that the amount
15payable for the increased cost of the reconstruction to a higher type or improvement
16of facilities may not exceed $75,000
. Except as provided in subs. (2m) and (6), the
17amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 2.
18shall be 70 percent of the cost of repair or replacement to standards similar to those
19existing immediately before the damage or destruction. The department may revise
20estimates on the basis of additional facts. The county, town, village, or city shall pay
21the remainder of the cost not allowed as aid, but this shall not invalidate any other

1provision of the statutes whereby the cost may be shared by the county and the town,
2village, or city.
AB1025,2 3Section 2. Initial applicability.
AB1025,3,54 (1) This act first applies to a disaster occurring on the effective date of this
5subsection.
AB1025,3,66 (End)
Loading...
Loading...