85.04 Annotation
This section applies only where federal law requires acquisition of replacement lands; where acquiring replacement lands is one option for gaining federal approval this section does not apply. Mitton v. Transportation Dept. 179 W (2d) 321, 507 NW (2d) 126 (Ct. App. 1993). Affirmed on other grounds. Mitton v. Transportation Dept. 184 W (2d) 738, 516 NW (2d) 709 (1994).
85.06
85.06
Rail passenger service assistance and promotion. 85.06(1)(1)
Definitions. In this section:
85.06(1)(a)
(a) "Amtrak" means the national railroad passenger corporation.
85.06(2)
(2) Program. The department shall administer a rail passenger service assistance and promotion program and may do any of the following:
85.06(2)(a)
(a) Conduct financial and technical planning for rail passenger service in this state and evaluate existing rail passenger service.
85.06(2)(b)
(b) Contract with Amtrak or an applicable railroad to provide rail passenger service.
85.06(2)(c)
(c) Consult with other states and with local governmental units regarding service levels for additional rail passenger service in this state.
85.06(2)(d)
(d) Monitor the quality of rail passenger service in this state.
85.06(2)(e)
(e) Subject to
sub. (3), contract for marketing studies and promotional activities to increase rail passenger service ridership in this state, to identify potential riders and to educate the public about the availability and advantages of rail passenger service.
85.06(2)(f)
(f) Apply for and accept federal funds for rail passenger service.
85.06(3)(a)(a) Before contracting for marketing studies or promotional activities under
sub. (2) (e), the department shall ensure that a local governmental unit spends at least an equal amount of money on similar or complementary studies or activities.
85.06(3)(b)
(b) The department shall give priority to funding additional rail passenger service over marketing studies or promotional activities.
85.06 History
History: 1991 a. 39;
1995 a. 113,
201.
85.061
85.061
Rail passenger route development. 85.061(1)
(1)
Definition. In this section, "Amtrak" means the national railroad passenger corporation.
85.061(2)
(2) Legislative findings. The legislature finds that private capital and local governmental financial and technical resources are unable to fully meet the transportation needs of all citizens. It is determined that the program authorized under this section, including the improvement of the property or facilities of a railroad, whether publicly or privately owned, is a legitimate governmental function serving proper public purposes.
85.061(3)
(3) Program. The department shall administer a rail passenger route development program. From the appropriation under
s. 20.866 (2) (up), the department may fund capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and between the cities of Milwaukee and Green Bay. Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible. The department may not use any proceeds from the bond issue authorized under
s. 20.866 (2) (up) for a route under this subsection unless the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that route and the joint committee on finance approves the use of the proceeds. The department may contract with Amtrak, railroads or other persons to perform the activities under this subsection.
85.061 History
History: 1993 a. 16;
1995 a. 113.
85.062
85.062
Major transit capital improvement projects. 85.062(1)(1) In this section, "major transit capital improvement project" means a project that has a total cost of more than $5,000,000 and which involves any of the following:
85.062(1)(a)
(a) Construction of a separate roadway designated for use by buses or other high-occupancy modes of travel.
85.062(1)(b)
(b) Initial construction or expansion of a light rail transit system.
85.062(2)
(2) No major transit capital improvement project may be constructed using any state transportation revenues unless the major transit capital improvement project is specifically enumerated in a list under
sub. (3). Notwithstanding
s. 84.013 (4), a major transit capital improvement project that is enumerated under
sub. (3) may be constructed without being included in the list of major highway projects under
s. 84.013 (3).
85.062(3)
(3) The department may proceed with construction of the following major transit capital improvement projects:
85.062(3)(a)
(a) No projects enumerated under this subsection as of May 10, 1994.
85.062 History
History: 1993 a. 437.
85.063
85.063
Urban rail transit systems. 85.063(1)(b)
(b) "Urban area" means any area that includes a city, village or town having a population of 50,000 or more that is appropriate, in the judgment of the department, for an urban rail transit system.
85.063(1)(c)
(c) "Urban rail transit system" means a system, either publicly or privately owned, which will provide transportation by rail to the public on a regular and continuing basis.
85.063(2)
(2) Administration. The department shall administer an urban rail transit system program to plan, design and engineer urban rail transit systems for urban areas in the state.
85.063(3)(a)(a)
Legislative findings. The legislature finds that development of urban rail transit systems to serve urban areas of this state will enhance the welfare of all of the citizens of this state through conservation of fuel, enhancement of the development of alternative transportation modes and improvement of air quality. The legislature further finds that private capital is unavailable and local government resources are insufficient for development of urban rail transit systems. The legislature finds that providing grants for the development of urban rail transit systems is consistent with the state's support of other modes of mass transit and that the grant program authorized under this subsection is therefore a valid governmental function serving proper public purposes.
85.063(3)(b)1.1. Upon completion of a planning study under
sub. (2), or, to the satisfaction of the department, of a study under
s. 85.022, a political subdivision in a county which includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.
85.065
85.065
Urban rail line relocations. 85.065(1)(a)(a) Any county, city, village, town or combination thereof may apply to the department for a study of the cost and benefits of the location and form of railroad lines, associated facilities, and railroad operations within an urban area. Upon receiving such application, the department may undertake or contract for a study to determine the extent to which the existing location of such lines, facilities and operations serves the public interests in:
85.065(1)(a)1.
1. Reliable, economical and expeditious commercial transportation;
85.065(1)(a)2.
2. Safe and orderly movement of pedestrian and vehicular traffic;
85.065(1)(a)3.
3. Coordinated and environmentally sound planning for development or preservation of the area; and
85.065(1)(b)
(b) The study shall be performed in consultation with the applicant and other interested parties and shall result in a report describing alternatives to the existing location and form of such railroad lines, facilities and operations which assesses each alternative in light of those criteria.
85.065 History
History: 1977 c. 29.
85.07
85.07
Highway safety coordination. 85.07(1)
(1)
Duties. The secretary, under the direction of the governor, shall coordinate the highway safety activities of the various agencies of state government; evaluate and make recommendations to the governor with respect to program proposals submitted by state agencies and political subdivisions for federal and state funds in conjunction with the federal highway safety program; advise the governor on matters relating to highway safety and the implementation of the federal highway safety program in this state; and assist governmental units and private organizations in the planning and execution of programs relating to highway safety.
85.07(2)
(2) Council on highway safety. The council on highway safety shall confer with the secretary or the secretary's designee on matters of highway safety and with respect to the functions of the secretary, under the direction of the governor, and shall advise the secretary on such matters. The council shall meet with the secretary or the secretary's designee at least once each quarter.
85.07(3)
(3) Information; reports; recommendation. The secretary shall furnish all information requested by the governor or by any member of the legislature, and shall report biennially in accordance with
s. 15.04 (1) (d), including therein a report relating to the implementation of the comprehensive highway safety program in this state. This report shall include but not be limited to:
85.07(3)(a)
(a) Current statistical information on motor vehicle accidents, injuries and deaths and their related causation factors.
85.07(3)(am)
(am) An assessment of the impact of mental and physical impairments upon the ability of a driver to exercise reasonable control over a motor vehicle.
85.07(3)(b)
(b) The implementation of highway safety performance standards promulgated by the state or federal government.
85.07(3)(c)
(c) A general accounting of all state or federal funds expended in implementing the comprehensive highway safety program.
85.07(3)(d)
(d) Recommendations for additional legislation, programs and funds necessary for the effective implementation of a comprehensive highway safety program.
85.07(4)
(4) Bicycle rules. The department shall publish literature setting forth the state rules governing bicycles and their operation and shall distribute and make such literature available without charge to local enforcement agencies, safety organizations, and schools and to any other person upon request.
85.07(6)
(6) Drinking age study. The department shall study the impact of raising the legal drinking age to 21 and report the results of its study to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) by January 1, 1988, 1989, 1990 and 1991. All other state agencies shall cooperate with the department in conducting the study. The department shall study the effect of the change in the drinking age on all of the following:
85.07(6)(a)
(a) Motor vehicle accident and fatality rates for persons 16 to 26 years of age including blood alcohol content and time and location of accidents.
85.07(6)(b)
(b) Alcohol and other drug use by persons 10 to 21 years of age.
85.07(6)(c)
(c) Per capita alcohol beverages consumption in this state.
85.07(6)(d)
(d) Arrests and other enforcement actions by law enforcement agencies and universities related to alcohol and other drug use by persons 12 to 26 years of age.
85.07(6)(e)
(e) Referrals and admissions of persons 12 to 21 years of age to alcohol treatment programs and facilities.
85.07(6)(f)
(f) Alcohol and other drug related utilization of crisis services and suicide rates of persons 12 to 21 years of age.
85.07(7)
(7) Federal funds. Beginning in 1994, the department shall annually prepare a plan to use, for purposes of state and local emergency medical services, at least 25% of any federal funds transferred under
23 USC 153 (h). The department shall prepare the plan after consulting with the council on highway safety, the department of health and family services and the emergency medical services board. Funds expended under the plan may not be used to supplant other federal and state funds used for emergency medical services purposes. Funds may not be expended under the plan unless any necessary federal approval of the plan has been obtained.
85.075
85.075
Rail program rules. The department shall adopt rules to carry out the railroad programs under
ss. 85.08 and
85.09.
85.075 History
History: 1983 a. 27;
1985 a. 135 s.
85.
85.08
85.08
Freight railroad assistance. 85.08(1)
(1)
Legislative findings. The legislature finds that private capital and local governmental financial and technical resources are unable to fully meet the transportation needs of all citizens. It is determined that the programs authorized under this section are legitimate governmental functions serving proper public purposes.
85.08(2)
(2) General powers. The department shall administer the programs of financial and technical assistance under this section for the purpose of assistance to or restoration of freight railroad service and shall maximize the use of available federal aid in conjunction with the allocation of state aid. The department may exercise those powers necessary to establish freight railroad assistance programs, including authority:
85.08(2)(b)
(b) To plan, promote and engage in financial and technical assistance programs for continuing, restoring and operating rail branch line transportation services.
85.08(2)(c)
(c) To maintain adequate programs of investigation, research, promotion and development in connection with transportation programs authorized under this section and to provide for public participation in these programs.
85.08(2)(d)
(d) To comply with federal regulations affecting federal transportation service continuation or restoration, or operating assistance programs.
85.08(2)(e)
(e) To enter into joint service agreements or other agreements providing for mutual cooperation related to transportation services and projects, including joint applications for federal aids with any county or other body public and corporate.
85.08(2)(f)
(f) To receive, use or reallocate federal funds, grants, gifts and aids.
85.08(2)(g)
(g) To adopt rules necessary to effectuate and enforce this section and to prescribe conditions and procedures, including auditing and accounting methods and practices, to assure compliance in carrying out the purposes for which state financial and technical assistance is made.
85.08(2)(i)
(i) To make and execute contracts with the federal government, any other state or any county, city, village, town, railroad, or any transit commission organized under
s. 59.58 (3),
66.30 or
66.943, to ensure the continuance and improvement of quality transportation service at reasonable rates or to provide for rail service on rail property owned by the state.
85.08(2)(j)
(j) To audit the operating revenues and expenditures of all transportation systems participating in the aids program under this section in accordance with accounting methods and practices prescribed by the department.
85.08(2)(k)
(k) To allow other uses of rail corridors owned by the state that are being used for freight rail service when such uses serve the purpose of providing assistance to or restoration of freight rail service, and to regulate the safety and compatibility of such uses with the provision of freight rail service by issuing a permit for any such use.
85.08(2)(L)
(L) To acquire rail property for the purpose of preserving freight rail service or improving the efficiency of freight rail service if, in the department's judgment, the public interest requires acquisition of the rail property.
85.08(3)
(3) Coordination and cooperation. 85.08(3)(a)(a) The department shall coordinate the transportation activities of the state to effectuate the purposes of this section and is responsible for negotiating with the federal government for transportation service programs authorized under this section.
85.08(3)(b)
(b) The department may cooperate with other states in connection with the acquisition, rehabilitation, construction or operation of any transportation properties within this state or in other states in order to carry out the purposes of this section. The department may enter into contractual arrangements for such purposes, including joint acquisition of transportation properties with other states and entering into leases jointly with other states affected thereby.
85.08(4)
(4) Rail planning and technical assistance grants. Upon its own initiative or upon application by a government agency, the department may make grants of financial assistance and provide technical assistance for rail system, service and technical studies.
85.08(4m)
(4m) Freight railroad loans and grants. 85.08(4m)(a)(a)
Purpose; findings. The purpose of this subsection is to assist in the preservation and improvement of freight rail service in this state. The legislature finds that private capital and local government contributions are insufficient for adequate freight rail service. The legislature finds that freight rail service preservation and improvement bear a significant relationship to the conservation of energy, the preservation of existing economic and tax bases and the maintenance of a balanced transportation system. The legislature further finds that these are proper governmental functions and that the programs authorized under this subsection are therefore valid governmental functions serving proper public purposes. It is the intent of this subsection to promote the public good by preserving and improving freight rail service in this state.
