86.30(2)(f)1.
1. If the sum of all underpayments and overpayments results in a net underpayment, the net underpayment shall be paid from the appropriation under
s. 20.395 (1) (ar).
86.30(2)(f)2.
2. If the sum of all underpayments and overpayments results in a net overpayment, the net overpayment shall be returned to the transportation fund.
86.30(7)
(7) Use of aids. All transportation aids distributed under this section shall be used for transportation related expenditures.
86.30(9)(b)(b) For the purpose of calculating and distributing aids under
sub. (2), the amounts for aids to counties are $70,644,200 in calendar year 1997 and $78,744,300 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
86.30(9)(c)
(c) For the purpose of calculating and distributing aids under
sub. (2), the amounts for aids to municipalities are $222,255,300 in calendar year 1997 and $247,739,100 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
86.302
86.302
Jurisdictional responsibility. 86.302(1)
(1) Except as provided in
sub. (1m), the board of every town, village and county, and the governing body of every city, shall file with the department and with the county clerk not later than December 15 of every odd-numbered year, a certified plat of such town, village, city or county showing the roads and streets under their jurisdiction and the mileage thereof to be open and used for travel as of the succeeding January 1, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets on boundary lines shall be considered as lying in each town, village, city or county.
86.302(1m)(a)(a) The board of a town, village or county and the governing body of a city need not file a certified plat under
sub. (1) if the town, village, county or city has not added or deleted jurisdictional mileage since filing its last preceding certified plat under
sub. (1).
86.302(1m)(b)
(b) Upon incorporation of a village or city, the board of the village and the governing body of the city shall file with the department and with the county clerk a certified plat of the village or city showing the roads and streets under its jurisdiction and the mileage thereof to be open and used for travel as of the date of incorporation, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets on boundary lines shall be considered as lying in the village or city.
86.302(2)
(2) The department shall cooperate with and provide assistance to local units of government in their jurisdictional mileage determination efforts. The department shall inventory and verify all road mileage in a county or municipality once every 10 years.
86.302(3)
(3) For the purposes of transportation aid determinations under
s. 86.30, changes in the road mileage of a city, county, town or village indicated on the certified plat filed under
sub. (1) shall be used by the department in making computations of transportation aids to be paid beginning in the next odd-numbered year following the odd-numbered year in which the certified plat is filed. The following factors shall be considered by the department:
86.302(3)(c)
(c) Changes in jurisdictional mileage responsibilities for existing roads.
86.302(4)
(4) Islands of this state consisting of one or more towns shall receive all state aids regularly payable to towns under
s. 86.30. For purposes of determining aids payable under
s. 86.30, mileage under the jurisdiction of an island under this subsection includes the number of miles equal to the distance between an island port and the closest mainland port where such distance is regularly traveled by a licensed ferry transporting persons, cars, trucks, buses and other mechanized equipment.
86.303
86.303
Cost determinations. 86.303(4)(a)(a) The multiyear average costs used to determine the share of cost aids amount for local units of government shall be based on the 6 most recent years for which actual costs are available.
86.303(4)(b)
(b) In the case of municipalities formed within the previous 6 years, the information needed for the determinations under this section shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to the total mileage of roads and streets under their respective jurisdictions. In making these calculations, the department shall use the certified plats filed under
s. 86.302 (1).
86.303(5)(am)
(am) The department, with the assistance of the department of revenue and representatives of local governments and their associations appointed by the secretary, shall prescribe a uniform cost reporting procedure.
86.303(5)(b)
(b) Cost data shall be reported on a calendar year basis, and financial report forms or a written request for extension shall be submitted to the department of revenue as provided under
pars. (c) and
(d). All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted.
86.303(5)(c)
(c) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under
s. 73.10 for municipalities having a population of 2,500 or less. The financial report form or a written request for extension shall be submitted to the department of revenue by March 31 by municipalities having a population of 2,500 or less for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department.
86.303(5)(d)
(d) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under
s. 73.10 for counties having a population of more than 2,500 and municipalities having a population of more than 2,500. The financial report forms or a written request for extension shall be submitted to the department of revenue by May 1 by counties having a population of more than 2,500 and municipalities having a population of more than 2,500 for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department. Counties having a population of 25,000 or more and municipalities having a population of 25,000 or more are required to submit a financial report form to the department of revenue under this paragraph and financial reports under
par. (g).
86.303(5)(e)
(e) Except as provided in
par. (f), if a county or municipality fails to submit a substantially complete and accurate financial report form by the applicable date under
par. (c) or
(d) each year, the aids payable to the county or municipality during the following year shall be equal to 90% of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(f)
(f) If a county or municipality submits a substantially complete and accurate financial report form within 30 calendar days after the applicable date under
par. (c) or
(d), the aids payable to the county or municipality for the following year shall be reduced by an amount equal to 1% of the aids payable to the county or municipality for the following year for each working day after the date required in
par. (c) or
(d) that the report form is actually submitted, subject to the following limitations:
86.303(5)(f)1.
1. The amount of the reduction may not exceed 10% of the aids payable to the county or municipality under
s. 86.30 (2) for the following year.
86.303(5)(f)2.
2. The amount of aids payable to the county or municipality under
s. 86.30 (2) during the following year may not be reduced to less than 90% of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(g)
(g) The department and the department of revenue shall prescribe a uniform financial reporting procedure under
s. 73.10 for counties having a population of 25,000 or more and municipalities having a population of 25,000 or more for the purposes under this section and for the purposes of administering other local aid programs, as defined by the department of revenue by rule. The financial reports specified by the department of revenue shall be submitted to that department by July 31 each year. The department of revenue shall forward the highway-related cost data from the reports to the department.
86.303(5)(h)
(h) Except as provided in
par. (i), if a county or municipality under
par. (g) fails to submit the financial reports required under
par. (g) by July 31 each year, the aids payable to the county or municipality during the following year shall be equal to 90% of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(i)
(i) If a county or municipality under
par. (g) submits the financial reports required under
par. (g) within 30 calendar days after July 31, the aids payable to the county or municipality for the following year shall be reduced by an amount equal to 1% of the aids payable to the county or municipality for the following year for each working day after July 31 that the report form is actually submitted, subject to the following limitations:
86.303(5)(i)1.
1. The amount of the reduction may not exceed 10% of the aids payable to the county or municipality under
s. 86.30 (2) for the following year.
86.303(5)(i)2.
2. The amount of aids payable to the county or municipality under
s. 86.30 (2) during the following year may not be reduced to less than 90% of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(j)
(j) The aids payable to a county or municipality that is required to submit a financial report form under
par. (d) and financial reports under
par. (g) shall be reduced under any applicable provision of
par. (e),
(f),
(h) or
(i), subject to the limitations under
pars. (f) and
(i).
86.303(6)
(6) Eligible cost items. All public road, street or alley construction and maintenance expenditures within the right-of-way are generally reportable as eligible cost items.
86.303(6)(a)
(a) Maintenance items include without limitation because of enumeration:
86.303(6)(b)
(b) Construction items include without limitation because of enumeration:
86.303(6)(b)5.
5. Right-of-way acquisition, including relocation assistance.
86.303(6)(c)
(c) The following other costs to the extent to which they are highway related are reportable:
86.303(6)(c)2.
2. Expenditures for buildings required for road or street purposes.
86.303(6)(c)3.
3. Interest cost related to funds borrowed to finance any eligible cost item.
86.303(6)(d)
(d) Road, street or alley costs not eligible include costs that are financed with public funds other than road or street funds, items that are by statute, ordinance or local policy not a public expense or responsibility and all administrative costs. Costs not eligible include costs incurred on every way or place in private ownership and used for vehicular travel only by the owner and those having express or implied permission from the owner and every road, alley or driveway upon the grounds of public institutions.
86.303(6)(e)
(e) Cost data shall not include state or federal contributions to the work, all other public agency fund contributions, and all private contributions other than local assessments or special assessments paid by governmental agencies.
86.303(6)(f)
(f) The department shall provide a manual of cost reporting guidelines which further details eligible and ineligible costs.
86.303(7)(a)(a) The department shall analyze the county and municipal highway-related cost data to identify that data that does not conform to reasonable averages and statistical groups or with previous reported costs. The department may request information from those municipalities or counties to explain the deviation. If not satisfied, the department may order the municipality or county to conduct and report to the department an independent certified audit of its financial report or, if the county or municipality has already conducted an audit of its financial report which complies with requirements under
31 USC 7501 to
7505, may require the county or municipality to provide the department with an itemization of data comprising that audit. The costs of an audit or of providing the department itemized data comprising an audit shall be a reportable cost item if the audit substantially verifies the original financial report.
86.303(7)(b)
(b) If the county or municipality fails to conduct an independent audit when ordered to do so by the department, the aids payable during the following year shall be equal to 90% of the aids actually paid during the preceding year. If the department has reason to believe that the 90% payment will be greater than the actual payment should be, the department may itself order an independent audit and deduct the audit costs from the transportation aids paid to the county or municipality under
s. 86.30 (2). Any underpayment or overpayment of aids resulting from financial reporting errors shall be rectified by adjusting aids paid in the following year.
86.303(7)(c)
(c) Any municipality having a population of 2,500 or less which has submitted its financial report form may amend it prior to March 31 or prior to May 15 if a written request for extension has been received by the department of revenue. Any county or any municipality having a population over 2,500 which has submitted its financial report form may amend it prior to May 1 or prior to May 15 if a written request for extension has been received by the department of revenue. Any amendments shall be submitted to the department of revenue. Any county or municipality which desires to amend its financial report form after May 15 shall submit an independent, certified audit to the department of revenue no later than August 15.
86.303(7)(d)
(d) Any county or municipality that desires to amend past-year cost reports shall submit an independent, certified audit to the department. Any county or municipality that desires to amend past-year financial report forms shall submit amendments to the department of revenue.
86.305
86.305
Eligibility for transportation aids. The restriction of access to a street under
s. 66.046 (3) may not affect the eligibility of a city to receive any state transportation aids.
86.305 History
History: 1993 a. 113.
86.31
86.31
Local roads improvement program. 86.31(1)
(1)
Definitions. In this section:
86.31(1)(a)
(a) "County highway improvement program district" means a group of counties established by the department by rule under
sub. (6) (f).
86.31(1)(am)
(am) "County highway improvement program district committee" means a committee established by the department by rule under
sub. (6) (f) consisting of not more than 5 county executives or county board chairpersons in counties that do not have county executives, or their designees, from counties within a county highway improvement program district.
86.31(1)(ar)
(ar) "Entitlement" means the amount of aid made available under
sub. (3) for reimbursement within a county for the components specified in
sub. (3) (a) 1. to
3.
86.31(1)(b)
(b) "Improvement" means a highway construction project with a projected design life of at least 10 years or a feasibility study of a highway construction project with a projected design life of at least 10 years.
86.31(1)(c)
(c) "Local roads" means county trunk highways, town roads, or streets under the authority of cities or villages.
86.31(1)(d)
(d) "Political subdivision" means a county, city, village or town.
86.31(1)(e)
(e) "Program" means the local roads improvement program.
86.31(2)(a)(a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with the requirements of
subs. (3),
(3g) and
(3m). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.
86.31(2)(b)
(b) Except as provided in
par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city, village or town does not receive a responsible bid for an improvement, the city, village or town may contract with a county for the improvement.
86.31(2)(c)
(c) Improvements consisting of feasibility studies funded under the program may be performed by political subdivisions or the department of transportation, including the making and execution of all contracts.
86.31(2)(d)
(d) County trunk highway improvements funded under the program, including the hauling and laying of asphaltic hot mix, may be performed by county highway departments, subject to the following restrictions:
86.31(2)(d)1.
1. No improvement may exceed $100,000, or 0.5% of the total funds allocated to counties for county trunk highway improvements under
sub. (3) (b) 1. during the current biennium, whichever is greater.
86.31(2)(d)2.
2. Work performed by any county highway department shall not exceed 40% of its county trunk highway improvements funded under the program.
86.31(2)(d)3.
3. Work performed within any county highway improvement district by county highway departments shall not exceed 30% of the biennial amount allocated for county trunk highway improvements within such district.
86.31(2)(d)4.
4. Contracts for the purchase of asphaltic hot mix shall be awarded on the basis of competitive sealed bidding.
86.31(2)(d)5.
5. Each county highway improvement program district committee shall be responsible for ensuring compliance with this paragraph.
86.31(2)(e)
(e) The department of transportation may not require as a condition of reimbursement that the design and construction of any improvement with eligible costs totaling $50,000 or less be certified by a registered professional engineer.
86.31(3)
(3) Determination of entitlement. 86.31(3)(a)(a) For purposes of entitlement, the program shall consist of the following components:
