85.20(3)(b)
(b) To make and execute contracts with any eligible applicant to ensure the continuance and improvement of quality urban mass transit service at reasonable fares. No such contract may be effective for a period of more than one year in length and no such contract may be enforced against the state unless the following conditions are met:
85.20(3)(b)1.
1. The eligible applicant pays the operating deficit of the urban mass transit systems involved in accordance with a schedule approved by the department;
85.20(3)(b)2.
2. The participating urban mass transit system provides reduced fare programs for elderly and disabled persons during nonpeak hours. Such reduced fares may not exceed one-half of the full adult cash fare applicable during peak hours of operation; and
85.20(3)(b)3.
3. The eligible applicant establishes and maintains accounting procedures and documentation requirements as prescribed or approved by the department.
85.20(3)(c)
(c) Except as provided in
par. (cm), to audit the operating revenues and expenses of all urban mass transit systems participating in the program in accordance with generally accepted accounting principles and practices. Except as provided in
par. (cm), the audits shall be the basis for computing the maximum share of state and federal aids each eligible applicant can apply against operating deficits for each state aid contract period.
85.20(3)(cm)
(cm) To conduct an audit of a privately owned urban mass transit system with which a local public body contracts for services on the basis of competitive bids to determine that system's compliance with the terms of that contract for services. An audit under this paragraph shall be the basis for computing the maximum share of state and federal aids that an eligible applicant that contracts with a privately owned urban mass transit system on the basis of competitive bids may apply against operating deficits for each state aid contract period.
85.20(3)(cr)
(cr) To conduct a management performance audit of all urban mass transit systems participating in the program at least once every 5 years.
85.20(3)(d)
(d) To apply for and receive federal grants for the department or as requested on behalf of eligible recipients.
85.20(3m)(a)(a) In this subsection, "user-side subsidy" means a voucher provided by an eligible applicant directly to a mass transit system user for use in full or partial payment of a mass transit system fare.
85.20(3m)(b)
(b) After June 30, 1991, if an eligible applicant's urban mass transit system operates a user-side subsidy program, that system may include user contributions under the user-side subsidy program in its calculation of operating expenses for purposes of
sub. (4m).
85.20(4m)
(4m) State aids. Payments of state aids appropriated for this program shall be in accordance with the terms and conditions of contracts executed between the department and eligible applicants. State aid payments shall be subject to the following limitations:
85.20(4m)(a)
(a) An amount shall be allocated to each eligible applicant to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system. The department shall make allocations as follows:
85.20(4m)(a)1.a.a. From the appropriation under
s. 20.395 (1) (dq), 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 $80,000,000.
85.20(4m)(a)1.b.
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.
85.20(4m)(a)2.a.a. From the appropriation under
s. 20.395 (1) (dr), the uniform percentage for each eligible applicant in an urban area served by an urban mass transit system with annual operating expenses greater than $20,000,000 but not more than $80,000,000.
85.20(4m)(a)2.b.
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.
85.20(4m)(a)3.a.a. From the appropriation under
s. 20.395 (1) (ds), the uniform percentage for each eligible applicant in an urbanized area having a population as shown in the 1990 federal decennial census of more than 200,000 or receiving federal mass transit aid for such area, and not specified in
subd. 1. or
2.
85.20(4m)(a)3.b.
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.
85.20(4m)(a)4.a.a. From the appropriation under
s. 20.395 (1) (dt), 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. 1.,
2. or
3.
85.20(4m)(a)4.b.
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.
85.20(4m)(a)5.a.a. From the appropriation under
s. 20.395 (1) (du), 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.
85.20(4m)(a)5.b.
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.
85.20(4m)(b)1.1. Except as provided in
subd. 2., each eligible applicant shall provide a local contribution, exclusive of user fees, toward operating expenses in an amount equal to at least 20% of state aid allocations to that eligible applicant under this section.
85.20(4m)(b)2.
2. Subdivision 1. does not apply to an eligible applicant that is served exclusively by a shared-ride taxicab system.
85.20(4m)(em)
(em) The sum of the state aid allocations made to each applicant under
par. (a) may not exceed any of the following:
85.20(4m)(em)1.
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.
85.20(4m)(em)2.
2. The nonfederal share of the audited operating deficit for the project year of the applicant's urban mass transit system.
85.20(4m)(em)3.
3. Five times the amount of an eligible applicant's required local contribution under
par. (b) 1.
85.20(4m)(er)
(er) Eligible applicants shall repay the department any overpayments in state aids under this section which are made because of differences between projected financial data and audited financial data or because of differences between projected financial data and contract compliance audits.
85.20(4m)(f)
(f) If more than one local public body contributes assistance to the operation of an urban mass transit system, the state aids allocated under this section shall be distributed among the contributors in accordance with any cost-sharing agreement that is filed with the department. If no agreement is filed, the aids shall be distributed among the contributors in proportion to their contributions.
85.20(4s)
(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).
85.20(5)
(5) Regulation. For such time as any urban mass transit system participates in this program, it shall be exempt from regulation under
ch. 194.
85.20(6)
(6) Planning requirements. As a condition of eligibility to receive state aids, an applicant is required to do all of the following:
85.20(6)(a)
(a) Annually prepare and submit to the department a 4-year transit development program, in the form and manner prescribed by the department. The rules adopted to implement this paragraph and
par. (b) shall be compatible with applicable federal regulations.
85.20(6)(b)
(b) Establish multiyear service and performance goals and assess the effectiveness of its mass transit system in relation to those goals at intervals specified by the department by rule.
85.20(7)(a)(a) The department shall establish cost-efficiency standards for the urban mass transit system specified in
sub. (4m) (a) 1. to
5. 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:
85.20(7)(a)1.
1. Exclude those costs from operating expenses for purposes of
sub. (4m).
85.20(7)(b)
(b) The department shall specify by rule the cost-efficiency standards under this subsection, including rules for the implementation of
par. (a) 1. and
2.
85.21
85.21
Specialized transportation assistance program for counties. 85.21(1)(1)
Purpose. The purpose of this section is to promote the general public health and welfare by providing financial assistance to counties providing transportation services for elderly and disabled persons, and to thereby improve and promote the maintenance of human dignity and self-sufficiency by affording the benefits of transportation services to those people who would not otherwise have an available or accessible method of transportation.
85.21(2)
(2) Definitions. In this section:
85.21(2)(a)
(a) "Copayment" means the fee imposed on a person for the use of the specialized transportation service.
85.21(2)(b)
(b) "County proportionate share" means the amount allocated to a county under this section which is based on the total amount appropriated for purposes of this section during the current fiscal year multiplied by the ratio of the number of elderly and disabled persons in the county to the total number of elderly and disabled persons in this state and which provides for a minimum base amount for each county, as determined by the department.
85.21(2)(c)
(c) "Designated service area" means that area to be provided specialized transportation service for any fiscal year.
85.21(2)(cm)
(cm) "Disabled person" means any individual who, because of any temporary or permanent physical or mental condition or institutional residence is unable without special facilities or special planning or design to use available transportation facilities and services as effectively as persons who are not so affected.
85.21(2)(d)
(d) "Elderly person" means any individual age 65 or over.
85.21(2)(e)
(e) "Eligible applicant" means any county or agency thereof.
85.21(2)(g)
(g) "Specialized transportation service" means a transportation system, either publicly or privately owned, which provides to elderly or disabled persons general or special service on a regular and continuing basis in a designated service area.
85.21(3)
(3) Administration. The department shall administer the specialized transportation service assistance program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.21(3)(a)
(a) To receive and review county plans for specialized transportation service assistance under this section and to prescribe the form, nature and extent of the information which shall be contained in the county plans. County plans may also include specialized transportation services to persons age 55 or over.
85.21(3)(b)
(b) To determine the county proportionate share in accordance with a generally accepted statistical methodology and practice.
85.21(3)(c)
(c) To make and execute contracts with counties to ensure the provision of specialized transportation service. Payments under such contracts to eligible applicants shall not exceed the county proportionate share, except as supplemented under
par. (e) or
(f). A contract under this section shall require the county to make a matching contribution of 20% of the contract amount and to furnish information determined necessary by the department for periodic program monitoring and year-end auditing and evaluation. A contract may permit a county to hold aids received under this section on or after July 2, 1983, in trust, according to rules promulgated by the department, for the exclusive purpose of acquiring or maintaining equipment used for services authorized under this section. All aids held in trust, as well as any accumulated interest, not expended for the authorized purposes, shall be returned to the department for deposit in the transportation fund. Nothing in this paragraph entitles a county to any investment interest accumulated prior to the time the aid payment is actually received by the county.
85.21(3)(e)
(e) If any county fails to contract with the department for its entire county proportionate share by February 1 of any fiscal year, the department may distribute the remaining amount by supplemental contract with other counties that have applied for more than their county proportionate share.
85.21(3)(f)
(f) Notwithstanding the determination of county proportionate share under
par. (b), to make supplemental payments under contracts to eligible applicants under this section. The department shall make supplemental payments under this paragraph to ensure that payments to any eligible applicant for calendar year 1994 and for each calendar year thereafter are at least equal to payments made to the eligible applicant for calendar year 1992.
85.21(4)
(4) County plan provisions; copayments. 85.21(4)(a)(a) The county may establish the transportation of elderly and disabled persons to medical, nutritional and work-related activities as the priority for the specialized transportation services.
85.21(4)(b)
(b) Specialized transportation services may at the discretion of the county be open to the general public on a space-available basis.
85.21(4)(c)1.1. The county shall either require a copayment by the user of the specialized transportation service or provide the user with an opportunity to make a voluntary contribution to the cost of the service.
85.21(4)(c)2.
2. The county shall establish the amount of copayment if copayment is required and shall recommend an amount for a voluntary contribution if an opportunity to make a voluntary contribution is provided. The county shall establish the method by which the copayment or voluntary contribution is collected from the user.
85.21(4)(c)3.
3. The county shall collect and incorporate into the county plan data regarding the purposes and activities for which individuals use the specialized transportation services.
85.21(4)(c)4.
4. A county may exempt a user from payment under
subd. 1. if an emergency exists, if the user does not have the economic resources to make a payment or if the user is not competent to make a payment.
85.21(4)(d)
(d) A county may not use aids provided under this section to support the regular route services of an urban mass transit system receiving state aids under
s. 85.20. A county may use aids provided under this section to support subsystems of urban mass transit systems that provide special services to elderly or disabled persons.
85.22
85.22
Capital assistance program for specialized transportation. 85.22(1)(1)
Purpose. The purpose of this section is to promote the general public health and welfare by providing capital assistance to eligible applicants providing transportation services to elderly and disabled persons.
85.22(2)
(2) Definitions. In this section:
85.22(2)(ag)
(ag) "Disabled person" means any individual who, because of any temporary or permanent physical or mental condition or institutional residence is unable without special facilities or special planning or design to use available transportation facilities and services as effectively as persons who are not so affected.
85.22(2)(am)
(am) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under
49 USC 1612 (b) (2) and is one of the following:
85.22(2)(am)2.
2. A local public body that satisfies one of the following conditions:
85.22(2)(am)2.a.
a. After submission and approval of the certification by the department, certifies to the governor that no private, nonprofit organization is readily available to provide transportation services to elderly and disabled persons in the proposed service area.
85.22(2)(am)2.b.
b. Is approved by the department to coordinate transportation services to elderly and disabled persons in a proposed service area.
85.22(2)(b)
(b) "Elderly person" means any individual age 55 or older.
85.22(2)(c)
(c) "Local public body" has the meaning given in
s. 85.20 (1) (d), except as limited by rule of the department.
85.22(3)
(3) Administration. The department shall administer the grant program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.22(3)(a)
(a) To receive and review annually applications for aid under this section and to prescribe the form, nature and extent of information which shall be contained in applications. Each applicant shall indicate whether the transportation services it provides or proposes to provide conflict with any transportation services being assisted under
s. 85.21.
85.22(3)(b)
(b) To establish criteria for evaluating all applications and for placing each application in a statewide priority ranking for distribution of available federal and state moneys.
