85.35
85.35
Motor carrier projects program. The department may administer a program for the study of motor carrier operations and may participate in projects, including pilot projects in cooperation with other jurisdictions, for the evaluation of programs affecting motor carriers.
85.35 History
History: 1987 a. 27.
85.50
85.50
Hazardous materials transportation registration fees. The department shall collect the fees established under
s. 166.20 (7g) to be paid by persons required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC Appendix 1805 (c).
85.50 History
History: 1991 a. 104.
85.51
85.51
State traffic patrol services; special events fee. The department may charge the event sponsor, as defined by rule, a fee, in an amount calculated under a uniform method established by rule, for security and traffic enforcement services provided by the state traffic patrol at any public event for which an admission fee is charged for spectators if the event is organized by a private organization. The department may not impose a fee for such services except as provided in this section. All moneys received under this subsection shall be deposited in the general fund and credited to the appropriation account under
s. 20.395 (5) (dg).
85.51 History
History: 1997 a. 27.
85.515
85.515
Implementation of 1997 Wisconsin Act 84. If the secretary determines that the changes to the department's computerized information systems made necessary by
1997 Wisconsin Act 84 will be operational before May 1, 2000, the secretary shall publish a notice in the Wisconsin Administrative Register that states the date on which the changes to the department's computerized information system will begin operating, and that the revisions to the operator's license suspension and revocation law made by
1997 Wisconsin Act 84 will become effective on that date.
Effective date note
NOTE: Section 85.515 is repealed eff. 5-1-2000 or the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under s. 85.515, whichever is earlier, by
1997 Wis. Act 84.
85.515 History
History: 1997 a. 84.
85.52
85.52
Transportation infrastructure loan program. 85.52(1)(1)
Definitions. In this section:
85.52(1)(ag)
(ag) "Eligible applicant" means a county, city, village, town or combination thereof, Amtrak, as defined in
s. 85.061 (1), a railroad, as defined in
s. 85.01 (5), a private nonprofit organization that is an eligible applicant under
s. 85.22 (2) (am), or a transit commission created under
s. 59.58 (2) or
66.943.
85.52(1)(am)
(am) "Fund" means the transportation infrastructure loan fund established under
s. 25.405.
85.52(1)(bm)
(bm) "Other assistance" has the meaning given in
P.L. 104-59, section 350 (L) (3).
85.52(2)
(2) Acceptance of federal capitalization grants. The department may enter into an agreement with the U.S. department of transportation to receive a capitalization grant under
P.L. 104-59, section 350. The agreement may contain any provision required by
P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section.
85.52(3)(a)(a) The department shall administer a transportation infrastructure loan program to make loans, and to provide other assistance, to eligible applicants for highway projects or transit capital projects. The department of transportation may not make a loan or provide other assistance under the program unless the secretary of administration approves of the loan or other assistance and determines that the amounts in the fund, together with anticipated receipts, will be sufficient to fully pay principal and interest costs incurred on the revenue obligations issued under
sub. (5). Loans or other assistance under the program for highway projects shall be credited to the highway account. Loans or other assistance under the program for transit capital projects shall be credited to the transit account.
85.52(3)(bm)
(bm) Any loan made under the program shall comply with
P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section. The department may not provide other assistance under the program to an eligible applicant unless such assistance complies with
P.L. 104-59, section 350, and any regulation, guideline or policy adopted under that section.
85.52(3)(cm)
(cm) The joint committee on finance may transfer moneys, at the request of the department, in amounts not to exceed the amounts necessary to meet the requirements under
P.L. 104-59, section 350, from the transportation fund to the transportation infrastructure loan fund. The department shall submit to the joint committee on finance for its review and approval proposed reductions among the transportation fund appropriations to the department equal to the amount transferred under this paragraph. The joint committee on finance may approve, disapprove or modify the proposed reductions. Upon approval of the proposed reductions, as may be modified by the committee, an amount equivalent to each approved reduction is lapsed from the appropriation account for each reduced appropriation to the transportation fund.
85.52(4)(a)(a) The department of transportation and the department of administration shall promulgate rules necessary to implement the transportation infrastructure loan program. The rules shall specify the terms and conditions of loans or other assistance provided under the program and shall establish criteria for determining which eligible applicants and which projects are eligible to receive loans or other assistance under the program. The criteria shall include all of the following:
85.52(4)(a)1.
1. The impact of funding a project under the program on accelerating the completion of a major highway project under
s. 84.013.
85.52(4)(a)2.
2. The statewide and local economic impact of the projects.
85.52(4)(a)3.
3. The level of commitment by the eligible applicant to the project.
85.52(4)(a)4.
4. The type and quality of intermodal transportation facilities affected by the project.
85.52(4)(b)
(b) The department of transportation and the department of administration may charge and collect fees, established jointly by rules, from eligible applicants to recover the costs of administering the program.
85.52(4m)
(4m) Investment management. The department of administration may:
85.52(4m)(a)1.1. Subject to
par. (b), direct the investment board under
s. 25.17 (2) (e) to make any investment of the fund, or in the collection of the principal and interest of all moneys loaned or invested from such fund.
85.52(4m)(a)2.
2. Subject to
par. (b), purchase or acquire, commit on a standby basis to purchase or acquire, sell, discount, assign, negotiate, or otherwise dispose of, or pledge, hypothecate or otherwise create a security interest in, loans as the department of administration may determine, or portions or portfolios of participations in loans, made or purchased under this section. The disposition may be at the price and under the terms that the department of administration determines to be reasonable and may be at public or private sale.
85.52(4m)(b)
(b) The department of administration shall take an action under
par. (a) only if all of the following conditions occur:
85.52(4m)(b)1.
1. The action provides a financial benefit to the transportation infrastructure fund.
85.52(4m)(b)2.
2. The action does not contradict or weaken the purposes of the transportation infrastructure loan fund.
85.52(4m)(b)3.
3. The building commission approves the action before the department of administration acts.
85.52(5)(a)(a) The transportation infrastructure loan program is a revenue-producing enterprise or program as defined in
s. 18.52 (6).
85.52(5)(b)
(b) Deposits, appropriations or transfers to the fund for the purposes specified in
s. 20.395 (2) (pq) may be funded with the proceeds of revenue obligations issued subject to and in accordance with
subch. II of ch. 18. Revenue obligations issued under this section shall not exceed $100 in principal amount, excluding obligations issued to refund outstanding revenue obligations.
85.52(5)(c)
(c) The department of administration may, under
s. 18.56 (5) and
(9) (j), deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under
s. 25.405 (2). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection.
85.52(5)(d)
(d) The building commission may pledge any portion of revenues received or to be received in the fund established in
par. (c) or the transportation infrastructure loan fund to secure revenue obligations issued under this subsection.
85.52(5)(e)
(e) The department of administration has all other powers necessary and convenient to distribute the pledged revenues and to distribute the proceeds of the revenue obligations in accordance with
subch. II of ch. 18.
85.52(5)(f)
(f) The department of administration may enter into agreements with the federal government, political subdivisions of this state, individuals or private entities to insure or in any other manner provide additional security for the revenue obligations issued under this subsection.
85.52(5)(g)
(g) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection can be fully paid on a timely basis from moneys received or anticipated to be received by the fund.
85.52(5)(h)
(h) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations under this subsection shall be on a parity with every other revenue obligation issued under this subsection and in accordance with
subch. II of ch. 18.
85.52 History
History: 1997 a. 27,
237.
85.53
85.53
Pretrial intoxicated driver intervention grant program. 85.53(1)(a)
(a) "Defendant" means a person accused of or charged with a 2nd or subsequent violation of operating while intoxicated.
85.53(1)(b)
(b) "Eligible applicant" means a city, village, town, county or private nonprofit organization.
85.53(1)(c)
(c) "Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.
85.53(2)
(2) The department shall administer the pretrial intoxicated driver intervention grant program. The program shall award grants to eligible applicants to administer a local pretrial intoxicated driver intervention program that, prior to the sentencing of a defendant for operating while intoxicated, does all of the following:
85.53(2)(a)
(a) Identifies the defendant and notifies him or her of the availability and cost of the program and that, if the defendant is convicted, a court will consider the defendant's participation in the program when imposing a sentence.
85.53(2)(b)
(b) Monitors the defendant's use of intoxicants to reduce the incidence of abuse.
85.53(2)(c)
(c) Treats the defendant's abuse of intoxicants to reduce the incidence of abuse.
85.53(2)(d)
(d) Reports to the court on the defendant's participation in the program.
85.53(2)(e)
(e) Requires program participants to pay a reasonable fee to participate in the program. Such a fee may not exceed 20% of the actual per capita cost of the program.
85.53(3)
(3) Grants under this section shall be paid from the appropriation under
s. 20.395 (5) (jr). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program. The total amount of grants awarded under this section may not exceed $500,000.
85.53(4)(a)(a) Not later than December 31 of each even-numbered year, the department shall submit a report to the legislature under
s. 13.172 (2) that states the number of individuals arrested for a 2nd or subsequent offense of operating while intoxicated; the number of individuals who completed a local pretrial intoxicated driver intervention program; the percentage of successful completion of all individuals who commence such a program; the number of individuals who, after completing such a program, are arrested for a 3rd or subsequent offense of operating while intoxicated; and the number of individuals eligible to participate in a program who did not complete a program and who, after becoming eligible to participate in the program, are arrested for a 3rd or subsequent offense of operating while intoxicated.
85.53(4)(b)
(b) An eligible applicant who receives a grant under
sub. (2) shall, not later than December 31 of the year for which the grant was made, submit a report to the speaker of the assembly and to the president of the senate in the manner described in
s. 13.172 (3) summarizing the results of the pretrial intoxicated driver intervention program administered by the eligible applicant and providing any additional information required by the department.
85.53(5)
(5) Consent to participate in a local pretrial intoxicated driver intervention program funded under this section is not an admission of guilt and the consent may not be admitted in evidence in a trial for operating while intoxicated. No statement relating to operating while intoxicated, made by the defendant in connection with any discussions concerning the program or to any person involved in the program, is admissible in a trial for operating while intoxicated.
85.53 History
History: 1997 a. 27.
85.60
85.60
Aid to professional baseball park districts. The department may make aid payments from the appropriation under
s. 20.395 (1) (gr) to a local professional baseball park district created under
subch. III of ch. 229 for this state's share of costs for the development, construction, reconstruction or improvement of bridges, highways, parking lots, garages, transportation facilities or other functionally related or auxiliary facilities or structures associated with the construction of a new stadium to be used as a home field by a major league professional baseball team in the district.
Effective date note
NOTE: This section is repealed eff. 7-1-99 by
1997 Wis. Act 27.
85.60 History
History: 1997 a. 27.
