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:
86.31(3)(b)
(b) From the appropriation under
s. 20.395 (2) (fr), after first deducting the funds allocated under
subs. (3g) and
(3m), the department shall allocate funds for entitlement as follows:
86.31(3)(b)3.
3. For city and village street improvements, 28.5%.
86.31(3)(c)
(c) Entitlements for each component will be determined by a formula and calculated for each county, except that cities and villages with a population of 20,000 or more shall receive a proportionate share of the entitlement for city and village street improvements for the applicable county. No county may receive less than 0.5% of the total funds allocated to counties for county trunk highway improvements under
par. (b) 1.
86.31(3g)
(3g) County trunk highway improvements. From the appropriation under
s. 20.395 (2) (fr), the department shall allocate $5,000,000 in each fiscal year to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under
sub. (3).
86.31(3m)
(3m) Town road improvements. From the appropriation under
s. 20.395 (2) (fr), the department shall allocate $500,000 in each fiscal year to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under
sub. (3).
86.31(4)
(4) Reimbursement for improvements. All costs of an improvement funded under this section shall be the responsibility of the political subdivision. At the completion of an improvement, the political subdivision may apply to the department for reimbursement of not more than 50% of eligible costs in the manner and form prescribed by the department.
86.31(5)
(5) Exceptions. Nothing in this section prevents improvements under other highway aid programs if applicable.
86.31(6)
(6) Rules. The department shall promulgate rules to implement and administer the program. The rules shall include all of the following:
86.31(6)(a)
(a) Criteria for county administrative responsibilities.
86.31(6)(b)
(b) Reallocation of any uncommitted funds, including a procedure to reallocate uncommitted funds between counties.
86.31(6)(c)
(c) Formulas and procedures for entitlements and reimbursements for each program component under
sub. (3) (a) 1. to
3.
86.31(6)(d)
(d) Procedures for reimbursements for county trunk highway improvements under
sub. (3g) and for town road improvements under
sub. (3m).
86.31(6)(e)
(e) Procedures for the selection and administration of improvements.
86.31(6)(f)
(f) Procedures for the establishment, administration and operation of county highway improvement program districts and county highway improvement program district committees.
86.315
86.315
County forest road aids. 86.315(1)
(1) From the appropriation under
s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under
ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under
s. 86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under
s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.
86.315(2)
(2) The amounts allotted under this section shall be paid into the county forest road fund and shall be administered by the committee designated to administer the county forest program for the maintenance, brush control, snow plowing and rebuilding of the roads.
86.315(3)
(3) County forest roads must meet the minimum design standards under
s. 86.26 (1) (a) 2. and
3. in order to qualify for aids under this section.
86.315(4)(a)(a) Except as provided in
par. (b), the committee designated to administer the county forest program shall, not later than September 15 of every odd-numbered year, file with the department and the county clerk a certified plat of the county forests showing the roads to be open and used for travel as of the succeeding January 1. The certified plat shall show the mileage of the roads for use by the department in making computations of road aids under this section.
86.315(4)(b)
(b) The committee designated to administer the county forest program need not file a certified plat under
par. (a) if the county has not added or deleted public road mileage within the county forests as specified in
sub. (1) since the committee last filed a certified plat under
par. (a).
86.32
86.32
Connecting highways. 86.32(1)(1) The department may designate, or rescind the designation of, certain marked routes of the state trunk highway system over the streets or highways in any municipality for which the municipality will be responsible for maintenance and traffic control and the maintenance and operation of any swing or lift bridge. Such maintenance, operation and traffic control of the connecting highways and swing and lift bridges shall be subject to review and approval by the department. Those marked routes of the state trunk highway system designated as connecting streets prior to July 1, 1977, shall become the connecting highways in municipalities which are eligible for aids payments under this section. The character of travel service provided by a route, uniformity of maintenance, the effect on the maintaining agency, and the municipality's maintenance capability will be considerations by the secretary, in cooperation with the municipalities and counties in making changes in the connecting highways of the state trunk highway system in municipalities. The decision of the secretary to designate or rescind a designation may be appealed to the division of hearings and appeals, which may affirm, reverse or modify the secretary's decision.
86.32(1m)
(1m) The department shall conduct a formal review of the designation of all connecting highways by January 1, 1995. In conducting this review, the department shall consider all of the following:
86.32(1m)(a)
(a) Eliminating duplicate routes when bypass routes serving traffic going in the same direction are in place.
86.32(1m)(b)
(b) When bypasses are in place, determining the number and location of connecting highway connections to the bypasses needed to serve traffic between regions of the state.
86.32(2)(a)(a) Cities, villages and towns shall be reimbursed for actual costs, as approved by the department, incurred in maintaining and operating lift bridges. Documentation of costs shall be submitted by each city, village and town by January 31 and reimbursement shall be made, starting in 1982-83, on the first Monday in July for costs incurred during the prior calendar year. If the amount appropriated under
s. 20.395 (1) (ft) is insufficient to pay the actual costs approved by the department for the maintenance and operation of lift bridges, the department shall prorate the amount appropriated in the manner it deems desirable.
86.32(2)(am)
(am) Reimbursement for maintenance of connecting highways shall be determined using the following rates per lane mile:
