85.01
85.01
Definitions. In this chapter:
85.01(1)
(1) "Department" means the department of transportation.
85.01(2)
(2) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
85.01(3)
(3) "Rail property" means all fixed property, real or personal, used in operating a railroad.
85.01(4)
(4) "Rail property improvements" means rails, ties, switches, spurs, buildings, signals, trestles, bridges and other property, exclusive of land, that may be used in operating a railroad.
85.01(5)
(5) "Railroad" means a railroad as defined in
s. 192.15 (2) (e), a railroad as defined in
s. 195.02 (1) and any company, association, corporation or person managing, maintaining, operating or in possession of a railroad in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.
85.01(7)
(7) "Railway" means a corporation described in s.
193.01, 1983 stats.
85.01(8)
(8) "Secretary" means the secretary of transportation.
85.013(1)(1) Except as provided in
sub. (2), any hearing under
s. 227.42 granted by the department may be conducted before the division of hearings and appeals which shall decide the matter.
85.013(2)
(2) The secretary shall designate employes of the department as hearing examiners to preside over all hearings arising under
ch. 344.
85.013 History
History: 1993 a. 16.
85.015
85.015
Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to
ss. 16.528 and
16.752 but are exempt from
ss. 16.70 to
16.75,
16.755 to
16.82 and
16.85 to
16.89.
85.02
85.02
Planning, promotion and protection. The department may direct, undertake and expend state and federal aid for planning, promotion and protection activities in the areas of highways, motor vehicles, traffic law enforcement, aeronautics, railroads, waterways, specialized transportation services, mass transit systems and for any other transportation mode. All state, regional and municipal agencies and commissions created under authority of law shall to the extent practicable, when dealing with transportation, follow the recommendations made by the secretary.
85.022
85.022
Multimodal transportation studies. 85.022(1)
(1) The department shall administer a program to study multimodal transportation. The department may make grants or pay contract costs from the appropriations under
s. 20.395 (2) (hq) and
(hx) for multimodal transportation studies and preliminary engineering of public transportation projects. The department may provide grants or contract with any person under this section to study interurban and intraurban area multimodal transportation, including an analysis of the potential impact of a transportation facility on local and statewide economic development. A study may consider any of the following:
85.022(1)(b)
(b) Existing railroad and other transportation right-of-way and potential right-of-way availability.
85.022(1)(c)
(c) The capacity of alternative transit facilities.
85.022(1)(f)
(f) The creation of a regional operating authority.
85.022(1)(g)
(g) Analysis of alternative means of financing, including public and private cost-sharing.
85.022(1)(h)
(h) Coordination of rail passenger services with existing publicly operated mass transit systems.
85.022(1)(i)
(i) Technologies, costs, benefits and projected ridership of conventional rail passenger service, or of high-speed rail service.
85.022(2)(a)(a) The department shall study high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.
85.022(2)(b)1.1. Except as provided in
subd. 2., funds may be expended under
par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.
85.022(2)(b)2.
2. No funds may be expended under
par. (a) unless the federal government contributes funds for a study under
par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.
85.022(3)
(3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county.
85.023
85.023
Planning for bicycle facilities. The department shall assist any regional or municipal agency or commission in the planning, promotion and development of bikeways as defined in
s. 84.60 (1) (a). The department shall draft model local zoning ordinances for the planning, promotion and development of bikeways and bicycle racks.
85.023 History
History: 1979 c. 221.
85.024
85.024
Bicycle and pedestrian facilities program. 85.024(1)(1) In this section, "political subdivision" means a county, city, village or town.
85.024(2)
(2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. Annually, the department shall award from the appropriation under
s. 20.395 (2) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section. The department shall select grant recipients annually beginning in 1994 from applications submitted to the department on or before April 1 of each year.
85.024 History
History: 1993 a. 16;
1997 a. 27.
85.025
85.025
Highway and bridge projects. The department shall adopt by rule criteria for selecting and evaluating all highway and bridge projects which are constructed from the appropriations under
s. 20.395 (3) (bq),
(bv),
(bx),
(cq),
(cv) and
(cx).
85.025 History
History: 1979 c. 221,
355;
1991 a. 39.
85.026
85.026
Transportation enhancement activities program. 85.026(1)(a)
(a) "Political subdivision" means any city, village, town or county.
85.026(2)
(2) Program. The department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in
s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under
23 USC 133 (b) (8). The grants shall be awarded from the appropriations under
s. 20.395 (2) (nv) and
(nx).
85.026 History
History: 1997 a. 27.
85.028
85.028
Milwaukee east-west transportation corridor. 85.028(1)(1) There is established in the transportation fund a reserve account consisting of $3,800,000 for the purpose of funding preliminary engineering costs relating to a Milwaukee east-west transportation corridor. The department may submit a request to the joint committee on finance for the transfer of moneys from the reserve account to the appropriation under
s. 20.395 (3) (cq) to increase funding for preliminary engineering costs relating to a Milwaukee east-west transportation corridor. Upon a showing by the department of the continued availability of federal funds for such purpose, the joint committee on finance may transfer such moneys. This subsection does not apply after June 30, 1997.
85.028(2)
(2) Upon implementation of a funding source to provide local funds for a Milwaukee east-west transportation corridor project, local units of government that will be affected by such a project shall reimburse the transportation fund for 50% of the nonfederal share of preliminary engineering costs relating to a Milwaukee east-west transportation corridor project.
85.028 History
History: 1993 a. 437 ss.
180,
267,
268.
85.03
85.03
Federal reduction or termination of aid. All appropriations made to the department under
s. 20.395 are subject to the specific provision that if federal government funding of any portion of a program under
s. 20.395 is reduced or terminated, the secretary may terminate or reduce state participation in the program in such proportion as the secretary considers appropriate.
85.03 History
History: 1971 c. 125 s.
417; Stats. 1971 s. 85.02;
1973 c. 90 ss.
397e,
560 (4); Stats. 1973 s. 85.03;
1991 a. 316.
85.035
85.035
Reduction of department appropriations. Where the secretary deems that economic conditions warrant, the secretary, in conjunction with submission of estimates under
s. 16.50, may recommend to the secretary of administration that authorized department appropriations be reduced to reflect revenue deficiencies.
85.035 History
History: 1977 c. 29;
1981 c. 30.
85.037
85.037
Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under
s. 342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under
s. 20.855 (4) (f) during the current fiscal year.
85.037 History
History: 1997 a. 27.
85.04
85.04
Acquisition of replacement lands. If federal law prohibits the acquisition of lands determined by the secretary to be necessary for transportation purposes unless replacement lands are provided, the department may acquire by gift, devise, purchase or condemnation any lands or interests in lands necessary to satisfy the replacement requirement.
85.04 History
History: 1977 c. 418.
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).
85.05
85.05
Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under
s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under
s. 13.489.
85.05 History
History: 1997 a. 86.
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, railroads or other persons to provide rail passenger service or support services, equipment, station improvements, passenger platforms, equipment maintenance shops, parking areas or other support facilities for rail passenger service. The contract may provide for the sale or lease of any equipment or facilities acquired by the department under
par. (g). Notwithstanding
s. 16.75 (1) and
(2m), the department may contract under this paragraph without competitive bidding or competitive sealed proposals.
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) Conduct or 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(2)(g)
(g) Acquire equipment or facilities for the purpose of providing rail passenger service or support services for rail passenger service.
85.06(2)(h)
(h) Enter into agreements with other states to assist or promote rail passenger service.
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)(a)(a) The department shall administer a rail passenger route development program. From the appropriation under
s. 20.866 (2) (up), the department may fund any of the following:
85.061(3)(a)1.
1. 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.
85.061(3)(a)2.
2. Railroad track or rail passenger station improvements related to an Amtrak service extension route between the city of Milwaukee and Waukesha County, or the establishment of commuter rail service between these jurisdictions.
