85.04 History
History: 1977 c. 418.
85.04 Annotation
This section applies only when federal law requires acquisition of replacement lands; when acquiring replacement lands is one option for gaining federal approval, this section does not apply. Mitton v. Transportation Dept. 179 Wis.2d 321,
507 N.W.2d 126 (Ct. App. 1993). Affirmed on other grounds. Mitton v. Transportation Dept. 184 Wis.2d 738,
516 N.W.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 (4).
85.05 History
History: 1997 a. 86;
1999 a. 9.
85.055
85.055
Passenger railroad station improvements. 85.055(1)(1) In this section, "Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.
85.055(2)
(2) The department shall administer a passenger railroad station improvement grant program. From the appropriation under
s. 20.395 (2) (ct), the department shall award grants to local governmental units or private entities for the construction or rehabilitation of passenger railroad stations along existing or proposed rail passenger routes. The amount of a grant awarded under this section shall be limited to an amount equal to 33% of the cost of the project or $60,000, whichever is less.
85.055(3)
(3) The department may not award a grant under this section to a public entity unless the governing body of the city, town, village or county has adopted a resolution supporting the proposed project.
85.055 History
History: 1999 a. 9.
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.
85.061(3)(a)3.
3. Rail passenger station improvements related to an existing rail passenger service.
85.061(3)(b)
(b) The department may not use any proceeds from the bond issue authorized under
s. 20.866 (2) (up) unless the joint committee on finance approves the use of the proceeds and, with respect to a route under
par. (a) 1. or
2., the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that route. The department may contract with Amtrak, railroads or other persons to perform the activities under the program.
85.062
85.062
Major transit capital improvement projects. 85.062(1)(1) In this section, "major transit capital improvement project" means a project that has a total cost of more than $5,000,000 and which involves any of the following:
85.062(1)(a)
(a) Construction of a separate roadway designated for use by buses or other high-occupancy modes of travel.
85.062(1)(b)
(b) Initial construction or expansion of a light rail transit system.
85.062(2)
(2) No major transit capital improvement project may be constructed using any state transportation revenues unless the major transit capital improvement project is specifically enumerated in a list under
sub. (3). Notwithstanding
s. 84.013 (4), a major transit capital improvement project that is enumerated under
sub. (3) may be constructed without being included in the list of major highway projects under
s. 84.013 (3).
85.062(3)
(3) The department may proceed with construction of the following major transit capital improvement projects:
85.062(3)(a)
(a) No projects enumerated under this subsection as of May 10, 1994.
85.062 History
History: 1993 a. 437.
85.063
85.063
Urban rail transit systems. 85.063(1)(b)
(b) "Urban area" means any area that includes a city, village or town having a population of 50,000 or more that is appropriate, in the judgment of the department, for an urban rail transit system.
85.063(1)(c)
(c) "Urban rail transit system" means a system, either publicly or privately owned, which will provide transportation by rail to the public on a regular and continuing basis.
85.063(2)
(2) Administration. The department shall administer an urban rail transit system program to plan, design and engineer urban rail transit systems for urban areas in the state.
85.063(3)(a)(a)
Legislative findings. The legislature finds that development of urban rail transit systems to serve urban areas of this state will enhance the welfare of all of the citizens of this state through conservation of fuel, enhancement of the development of alternative transportation modes and improvement of air quality. The legislature further finds that private capital is unavailable and local government resources are insufficient for development of urban rail transit systems. The legislature finds that providing grants for the development of urban rail transit systems is consistent with the state's support of other modes of mass transit and that the grant program authorized under this subsection is therefore a valid governmental function serving proper public purposes.
85.063(3)(b)1.1. Upon completion of a planning study under
sub. (2), or, to the satisfaction of the department, of a study under
s. 85.022, a political subdivision in a county which includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.
85.065
85.065
Urban rail line relocations. 85.065(1)(a)(a) Any county, city, village, town or combination thereof may apply to the department for a study of the cost and benefits of the location and form of railroad lines, associated facilities, and railroad operations within an urban area. Upon receiving such application, the department may undertake or contract for a study to determine the extent to which the existing location of such lines, facilities and operations serves the public interests in:
85.065(1)(a)1.
1. Reliable, economical and expeditious commercial transportation;
85.065(1)(a)2.
2. Safe and orderly movement of pedestrian and vehicular traffic;
85.065(1)(a)3.
3. Coordinated and environmentally sound planning for development or preservation of the area; and
85.065(1)(b)
(b) The study shall be performed in consultation with the applicant and other interested parties and shall result in a report describing alternatives to the existing location and form of such railroad lines, facilities and operations which assesses each alternative in light of those criteria.
85.065 History
History: 1977 c. 29.
85.07
85.07
Highway safety coordination. 85.07(1)
(1)
Duties. The secretary, under the direction of the governor, shall coordinate the highway safety activities of the various agencies of state government; evaluate and make recommendations to the governor with respect to program proposals submitted by state agencies and political subdivisions for federal and state funds in conjunction with the federal highway safety program; advise the governor on matters relating to highway safety and the implementation of the federal highway safety program in this state; and assist governmental units and private organizations in the planning and execution of programs relating to highway safety.
85.07(2)
(2) Council on highway safety. The council on highway safety shall confer with the secretary or the secretary's designee on matters of highway safety and with respect to the functions of the secretary, under the direction of the governor, and shall advise the secretary on such matters. The council shall meet with the secretary or the secretary's designee at least once each quarter.
85.07(3)
(3) Information; reports; recommendation. The secretary shall furnish all information requested by the governor or by any member of the legislature, and shall report biennially in accordance with
s. 15.04 (1) (d), including therein a report relating to the implementation of the comprehensive highway safety program in this state. This report shall include but not be limited to:
85.07(3)(a)
(a) Current statistical information on motor vehicle accidents, injuries and deaths and their related causation factors.
85.07(3)(am)
(am) An assessment of the impact of mental and physical impairments upon the ability of a driver to exercise reasonable control over a motor vehicle.
85.07(3)(b)
(b) The implementation of highway safety performance standards promulgated by the state or federal government.
85.07(3)(c)
(c) A general accounting of all state or federal funds expended in implementing the comprehensive highway safety program.
85.07(3)(d)
(d) Recommendations for additional legislation, programs and funds necessary for the effective implementation of a comprehensive highway safety program.
85.07(3)(e)
(e) Current statistical information compiled from the information submitted under
sub. (8) (b).
85.07(4)
(4) Bicycle rules. The department shall publish literature setting forth the state rules governing bicycles and their operation and shall distribute and make such literature available without charge to local enforcement agencies, safety organizations, and schools and to any other person upon request.
85.07(6)
(6) Drinking age study. The department shall study the impact of raising the legal drinking age to 21 and report the results of its study to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) by January 1, 1988, 1989, 1990 and 1991. All other state agencies shall cooperate with the department in conducting the study. The department shall study the effect of the change in the drinking age on all of the following:
85.07(6)(a)
(a) Motor vehicle accident and fatality rates for persons 16 to 26 years of age including blood alcohol content and time and location of accidents.
85.07(6)(b)
(b) Alcohol and other drug use by persons 10 to 21 years of age.
85.07(6)(c)
(c) Per capita alcohol beverages consumption in this state.
85.07(6)(d)
(d) Arrests and other enforcement actions by law enforcement agencies and universities related to alcohol and other drug use by persons 12 to 26 years of age.
85.07(6)(e)
(e) Referrals and admissions of persons 12 to 21 years of age to alcohol treatment programs and facilities.
85.07(6)(f)
(f) Alcohol and other drug related utilization of crisis services and suicide rates of persons 12 to 21 years of age.
85.07(7)(a)(a) The department shall annually prepare a plan to use, for purposes of state and local emergency medical services, at least 25% of any federal funds transferred under
23 USC 153 (h). The department shall prepare the plan after consulting with the council on highway safety, the department of health and family services and the emergency medical services board. Funds expended under the plan may not be used to supplant other federal and state funds used for emergency medical services purposes. Funds may not be expended under the plan unless any necessary federal approval of the plan has been obtained.
85.07(7)(b)
(b) When evaluating and selecting proposed hazard elimination projects to be funded using federal funds available under
23 USC 152, the department shall consider the reduction in motor vehicle accidents that will result from the proposed projects, except that, if a proposed project will reduce the response time of emergency vehicles, the department shall consider both the reduction in motor vehicle accidents that will result from the proposed project and the public safety benefits that will result from a reduction in the response time of emergency vehicles.
85.07(8)
(8) Police pursuit information. 85.07(8)(a)(a) In this subsection, "police pursuit" means an active attempt by a traffic officer in a police vehicle to apprehend one or more occupants of a moving motor vehicle, the operator of which is resisting apprehension by disregarding the officer's visual or audible signal to stop his or her vehicle, increasing the speed of the vehicle or extinguishing the lights of the vehicle.
85.07(8)(b)
(b) Not later than August 15 of each year, each law enforcement agency, as defined in
s. 165.83 (1) (b), that uses police vehicles shall report to the department, on a form prescribed by the department, information on police pursuit engaged in during the preceding 12 months by law enforcement officers employed by that agency. The information shall include the circumstances of the police pursuit, including the distance, location and maximum speed of the pursuit; the reasons for commencing the police pursuit; and the outcome of the police pursuit, including the number if any of resulting deaths or great bodily injuries and an estimate of the value of any resulting property damage, if any. The department shall collect and maintain information submitted under this paragraph for not less than 10 years.
85.075
85.075
Rail program rules. The department shall adopt rules to carry out the railroad programs under
ss. 85.08 and
85.09.
85.075 History
History: 1983 a. 27;
1985 a. 135 s.
85.
85.08
85.08
Freight railroad assistance.
