85.107(4)
(4) Rule making. The department shall promulgate rules to implement and administer this section.
85.107 History
History: 1987 a. 27.
85.12
85.12
Statewide public safety radio management program. 85.12(1)(1) The department shall administer a statewide public safety radio management program. From the appropriations under
s. 20.395 (5) (dk) and
(dq), the department may provide statewide tower site management, public safety frequency management, public safety data base administration and planning services related to statewide public safety radio management.
85.12(2)
(2) The department shall maintain any existing communications equipment at state patrol towers and stations that is used by emergency medical services programs under
s. 146.55 unless the cost of maintaining the equipment exceeds the benefits that will result from such maintenance.
85.12 History
History: 1993 a. 16.
85.13
85.13
Cost of traffic violation and registration program. The department shall develop a system for charging local units of government or other authority as defined in
s. 345.28 (1) (a) for the cost of the development and operation of the traffic violation and registration program under
ss. 341.08 (4m),
341.10 (7) and
(7m),
341.63 (1) (c),
345.28 (4) and
345.47 (1) (d) based on the number of transactions processed by the local unit of government or other authority. No notices under
s. 345.28 (4) submitted by an authority or under
s. 345.47 (1) (d) submitted by the court may be processed by the department unless the local unit of government or other authority involved has paid the department the appropriate amount determined by the department under this section.
85.14
85.14
Payments of fees and deposits by credit card. 85.14(1)(a)(a) The department may accept payment by credit card of a fee that is required to be paid to the department under
ch. 194,
218,
341,
342,
343 or
348.The department shall determine which fees may be paid by credit card and the manner in which the payments may be made.
85.14(1)(b)
(b) Except for charges associated with a contract under
par. (c), the department shall pay to the state treasurer the amount of charges associated with the use of credit cards under
par. (a) that are assessed to the department.
85.14(1)(c)
(c) The department may contract for services relating to the payment of fees by credit cards under this subsection. Any charges associated with a contract under this paragraph shall be paid from the appropriations under
s. 20.395 (5) (cg) and
(cq).
85.14(2)
(2) The department shall certify to the state treasurer the amount of charges associated with the use of credit cards that is assessed to the department on deposits accepted under
s. 345.26 (3) (a) by state traffic patrol officers and state motor vehicle inspectors, and the state treasurer shall pay the charges from moneys under
s. 59.25 (3) (j) and
(k) that are reserved for payment of the charges under
s. 14.58 (21).
85.15
85.15
Property management. 85.15(1)
(1) The department may improve, use, maintain or lease any property acquired for highway, airport or any other transportation purpose until the property is actually needed for any such purpose and may permit use of the property for purposes and upon such terms and conditions as the department deems in the public interest.
85.15(2)
(2) The department shall credit to the appropriation account under
s. 20.395 (4) (ew) the amount, if any, by which moneys received in any year from the sale or lease of property acquired by the department exceeds $2,750,000. The department shall use 50% of any proceeds credited to this appropriation account from the sale or lease of any property to supplement the costs of management and operations of the district office of the department that initiated the sale or lease of that property.
85.16
85.16
Department rules and forms. 85.16(1)
(1) The secretary may make reasonable and uniform orders and rules deemed necessary to the discharge of the powers, duties and functions vested in the department. The secretary may also prescribe forms for applications, notices and reports required by law to be made to the department or which are deemed necessary to the efficient discharge of all powers, duties and functions and prescribe the form and manner in which those applications, notices and reports may be filed or submitted.
85.16(2)
(2) Any person violating an order, determination or rule adopted under
chs. 84 to
86,
110,
114,
218 and
341 to
349 and not subject to another statutory penalty shall be required to forfeit not less than $20 nor more than $400.
85.16 History
History: 1983 a. 175 ss.
1,
3;
1983 a. 538;
1989 a. 31.
85.17
85.17
Storage of highway salt. 85.17(1)
(1)
Definitions. In this section:
85.17(1)(a)
(a) "Highway salt" means bulk quantities of a chloride intended for application to highways during winter months, and includes mixtures in any proportion of sand and chlorides.
85.17(2)
(2) Storage of highway salt. Every person who stores highway salt shall comply with the standards adopted under
sub. (3).
85.17(3)
(3) Standards. The department shall adopt by rule standards for the storage of highway salt for the purpose of protecting the waters of the state from harm due to contamination by dissolved chlorides. The rule shall comply with
ch. 160. The rule may include different standards for various types of chlorides, or for mixtures of sand and chlorides. The rule may not require the storage of mixtures of sand and chlorides in a building or structure. The rule may include different standards for various storage facilities and conditions, quantities of highway salt and times during the year when salt is stored. All standards under this section shall provide substantially similar protection for the waters of the state.
85.17(4)
(4) Information. The department may collect and publish information relating to this section and distribute it to municipalities and persons subject to this section.
85.17(5)(a)(a) The department shall enforce this section.
85.17(5)(b)
(b) The department may enter and inspect, during regular business hours, places where highway salt is stored on private or public property.
85.17(5)(c)
(c) The department shall conduct periodic inspections, at least once annually, of each location where highway salt is stored, to ascertain compliance with this section.
85.17(5)(d)
(d) The department shall issue special orders directing and requiring compliance with the rules and standards of the department adopted under this section whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated.
85.17(5)(e)
(e) The circuit court for any county where violation of such an order occurs has jurisdiction to enforce the order by injunctive and other appropriate relief.
85.17(6)
(6) Penalty. Any person who violates this section or any rule or order adopted under this section shall forfeit not less than $10 nor more than $1,000 for each violation. Each violation of this section or any rule or order under this section constitutes a separate offense and each day that a violation continues is a separate offense.
85.17 History
History: 1983 a. 410; Stats. 1983 s. 85.16;
1983 a. 538 s.
118; Stats. 1983 s. 85.17;
1995 a. 227.
85.18
85.18
Groundwater protection. The department shall comply with the requirements of
ch. 160 in the administration of any program, responsibility or activity assigned or delegated to it by law.
85.18 History
History: 1983 a. 410.
85.19
85.19
Construction site erosion control. 85.19(1)
(1)
Standards. The department, in consultation with the department of natural resources, shall, by rule, establish standards for the control of soil erosion related to highway and bridge construction that is funded in whole or in part with state or federal funds. At a minimum, the standards shall require the use of best management practices.
85.19(2)(a)(a) The department shall establish a program of training for persons who prepare plans for, review plans for, conduct inspections of or engage in construction activities subject to the standards under
sub. (1). The department shall do all of the following:
85.19(2)(a)1.
1. Identify those persons involved in plan preparation, plan review, construction supervision or inspections who are required to be trained.
85.19(2)(a)4.
4. Identify other persons who may benefit from the training program, and encourage those persons to enroll in the training program.
85.19(2)(b)
(b) The department may impose fees for the training program.
85.19(2)(c)
(c) The department shall establish the training program in consultation with the department of natural resources.
85.19(2)(d)
(d) Any training required under this subsection may be conducted by the department or by another person with the approval of the department.
85.19 History
History: 1991 a. 309.
85.195
85.195
Coordination with land conservation committees. 85.195(1)(1) In this section, "land conservation committee" means a committee established under
s. 92.06 or its designated representative.
85.195(2)
(2) Before commencing construction on a highway construction project, the department shall consult with the local land conservation committee to determine the presence and extent of local practices to conserve soil and water resources within the county, including surface and subsurface drainage systems.
85.195 History
History: 1997 A. 27.
85.20
85.20
Urban mass transit operating assistance program. 85.20(1)(1)
Definitions. In this section:
85.20(1)(ag)
(ag) " Disabled persons" means individuals who, by reason of illness, injury, age, congenital malfunction, or other temporary or permanent incapacity or disability, are unable without special planning or design to use mass transit facilities and services as effectively as persons who are not so affected.
85.20(1)(am)
(am) "Elderly persons" means individuals age 65 or over.
85.20(1)(b)
(b) "Eligible applicant" means a local public body in an urban area which is served by an urban mass transit system incurring an operating deficit.
85.20(1)(d)
(d) "Local public body" includes counties, municipalities or towns, or agencies thereof; transit or transportation commissions or authorities and public corporations established by law or by interstate compact to provide mass transportation services and facilities or 2 or more of any such bodies acting jointly under
s. 66.30.
85.20(1)(e)
(e) "Mass transit system" means transportation by bus, shared-ride taxicab, rail, or other conveyance, either publicly or privately owned, that provides the public with general or special service on a regular and continuing basis.
85.20(1)(f)
(f) "Operating deficit" means the amount by which the total operating expenses incurred in the operation of an urban mass transit system exceeds the amount of operating revenue derived therefrom.
85.20(1)(g)
(g) "Operating expenses" mean costs accruing to an urban mass transit system by virtue of its operations, including costs to subsidize fares paid by disabled persons for transportation within the urban area of the eligible applicant. For a publicly owned system, operating expenses do not include profit, return on investment or depreciation as costs. If a local public body contracts for the services of a privately owned system on the basis of competitive bids, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance, profit and return on investment. If a local public body contracts for the services of a privately owned system on the basis of negotiated procurement, operating expenses may include as costs depreciation on the facilities and equipment that the privately owned system acquired without benefit of public financial assistance. In an urban area which is served exclusively by shared-ride taxicab systems, operating expenses may include costs to subsidize reasonable fares paid by all users for transportation within the urban area of the eligible applicant.
85.20(1)(h)
(h) "Operating revenues" mean income accruing to an urban mass transit system by virtue of its operations.
85.20(1)(hm)
(hm) "Reasonable fare" means a charge for mass transit service which complies with rules of the department relating to the fairness of such charges for purposes of this section.
85.20(1)(j)
(j) "Revenue passenger trip" means a trip taken on an urban mass transit system by any passenger who pays a fare to use an urban mass transit system, or by any passenger for whom a fare has been paid by another under a contract or other arrangement with an urban mass transit system.
85.20(1)(k)
(k) "Urban area" means any area that includes a city or village having a population of 2,500 or more that is appropriate, in the judgment of the department, for an urban mass transit system or an area that includes 2 American Indian reservations and that is served by a mass transit system operated by a transit commission.
85.20(1)(L)
(L) "Urban mass transit system" means a mass transit system operating within an urban area.
85.20(2)
(2) Purpose. The purpose of this section is to promote the general public good by preserving and improving existing urban mass transit systems in this state and encouraging their effective and efficient operation.
85.20(3)
(3) Administration. The department shall administer the urban mass transit operating assistance program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.20(3)(a)
(a) To receive applications for aid under this section and to prescribe the form, nature and extent of information which shall be contained in applications.
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. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.
