85.243(2)(c)1.
1. The department shall administer and implement the program under this section in cooperation with the metropolitan planning organization.
85.243(2)(c)2.
2. The department may not make a grant under
par. (a) unless the proposed project is included in a transportation improvement plan of the metropolitan planning organization.
85.243(2)(c)3.
3. If 2 or more grant applications are submitted to the department by eligible applicants located within the urbanized area served by a metropolitan planning organization, the department shall require the metropolitan planning organization to submit a ranking, in order of priority, of the grant applications before awarding any grants to eligible applicants located within the urbanized area served by the metropolitan planning organization.
85.243 History
History: 1993 a. 16;
1999 a. 150 s.
672.
85.245
85.245
Congestion mitigation and air quality improvement program. 85.245(1)(1) The department may administer a program for the distribution of federal funds for congestion mitigation and air quality improvement projects made available to the state under
23 USC 149. The cost of any project shall be funded from the appropriations under
s. 20.395 (2) (kv) and
(kx).
85.245(2)
(2) The department shall pay to the department of natural resources $624,000 in fiscal year 1993-94 and $552,000 in fiscal year 1994-95 from the appropriation under
s. 20.395 (2) (kx) for air quality improvement related to mobile sources of air contaminants.
85.245 History
History: 1993 a. 16.
85.25
85.25
Disadvantaged business mobilization assistance program. 85.25(1)(1)
Findings and purpose. The legislature finds that the lack of working capital is a major barrier to the participation of certain businesses in construction contracts with the department. This problem is most acute for newer, less experienced businesses, and, in particular, for disadvantaged businesses, many of which lack the assets necessary to obtain financing under normal business lending standards. The disadvantaged business mobilization assistance program is created to assist disadvantaged businesses in obtaining working capital in order to participate in construction contracts with the department and to increase the representation of disadvantaged businesses among contractors performing on construction projects for the department.
85.25(2)
(2) Definitions. In this section:
85.25(2)(a)
(a) "Business development organization" means the Wisconsin housing and economic development authority under
s. 234.02 or any private organization which prepares business and loan plans for and provides other financial, management and technical assistance to disadvantaged businesses.
85.25(2)(b)
(b) "Deficiency" means the unpaid principal amount of a defaulted mobilization loan guaranteed under
sub. (4). "Deficiency" does not include any interest, any origination fees or other charges relating to the guaranteed loan or any expenses incurred by the lender in enforcing the security interest taken in the capital equipment or other asset resulting from the proceeds of the guaranteed loan.
85.25(2)(c)
(c) "Disadvantaged business" means a sole proprietorship, partnership, limited liability company, joint venture or corporation that fulfills all of the following requirements:
85.25(2)(c)1.
1. It is at least 51% owned, controlled and actively managed by a disadvantaged individual, as defined in
s. 84.076 (1) (a).
85.25(2)(d)
(d) "Guaranteed loan" means a mobilization loan which is guaranteed by a business development organization under a grant under
sub. (3).
85.25(2)(e)
(e) "Mobilization loan" means a short-term loan, as specified by the department by rule, to a disadvantaged business to provide working capital in order to finance the purchase of capital equipment, insurance or any other service or consumable good necessary to enable the disadvantaged business to participate in transportation-related construction contracts with the department.
85.25(2)(f)
(f) "Participating lender" means a bank, credit union, savings bank, savings and loan association or other person who makes mobilization loans.
85.25(3)
(3) Administration. The department shall administer the disadvantaged business mobilization assistance program. Subject to
sub. (4), the department may make grants for the purpose specified in
sub. (1) to a business development organization in order to provide funding for the guarantee by the business development organization of a mobilization loan made by a participating lender to a disadvantaged business certified by the department.
85.25(4)
(4) Rule making. The department shall promulgate rules to implement the disadvantaged business mobilization assistance program. The rules shall specify all of the following:
85.25(4)(a)
(a) Conditions for eligibility of a business development organization for a grant under
sub. (3).
85.25(4)(b)
(b) Conditions for eligibility of a disadvantaged business for a guaranteed loan. The conditions may include requirements relating to certification of a disadvantaged business by the department.
85.25(4)(c)
(c) Conditions for the guarantee of a mobilization loan by a business development organization applying for a grant under
sub. (3). The conditions shall include requirements relating to the term of a mobilization loan. The conditions may include a requirement for execution of a guarantee agreement between the business development organization and the participating lender and review of such an agreement by the department. The conditions may specify a percentage of principal of any mobilization loan which must be guaranteed by a business development organization applying for a grant under
sub. (3). The conditions may include requirements relating to the rate of a mobilization loan. The conditions may include requirements relating to defaulted mobilization loans and deficiencies.
85.25(4)(d)
(d) Conditions relating to the total principal amounts of all mobilization loans which may be guaranteed by business development organizations at one time, not to exceed $1,500,000.
85.25(4)(e)
(e) Conditions under which a business development organization may not guarantee additional mobilization loans. The conditions shall include a prohibition on the guarantee of additional mobilization loans by a business development organization if the amount of the grant to the business development organization not yet expended under the disadvantaged business mobilization assistance program is equal to or less than $100,000.
85.25(4)(f)
(f) Conditions under which a grant made under
sub. (3) to a business development organization may be required to be repaid.
85.25(5)
(5) Moral obligation. Recognizing its moral obligation to do so, the legislature expresses its expectation and aspiration that, if ever called upon to do so, it shall make an appropriation from the transportation fund to meet all demands for funds relating to defaulted mobilization loans and deficiencies under this section.
85.28
85.28
Driver license reinstatement training program. The department shall administer a driver license reinstatement training program. From the appropriation under
s. 20.395 (5) (cq), the department may contract with public or private entities for programs that provide persons whose driver's license has been revoked or suspended under the laws of this state with training and assistance in meeting the requirements of
ch. 343 for license reinstatement.
85.28 History
History: 1993 a. 16.
85.30
85.30
Type 1 motorcycle, moped and motor bicycle safety program. The department shall develop and administer a Type 1 motorcycle, moped and motor bicycle safety program. The program shall include operational skills training, safety education and public awareness and such other elements as the department deems desirable. The safety education program for Type 1 motorcycles shall include instruction as to the proper eye protection to be worn during hours of darkness. The department may make grants under this program for establishment of courses which further the aims of this program. The department shall adopt rules to implement this section.
85.31
85.31
Information for tax bills. By October 1, the department shall provide to the department of revenue the information about the aids paid under
s. 86.30 to each municipality and county that will enable the department of revenue to furnish to taxation districts the information required under
s. 73.03 (31).
85.31 History
History: 1985 a. 12.
85.32
85.32
Statewide trauma care system transfer. Beginning July 1, 2000, and annually thereafter, the secretary shall transfer $80,000 from the appropriation under
s. 20.395 (5) (dq) to the appropriation under
s. 20.435 (1) (kx) for the purposes of the statewide trauma care system under
s. 146.56.
85.32 History
History: 1999 a. 9.
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.
85.51
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, 2001, 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 clearly states which portion of 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. 5-1-01 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, as affected by
1999 Wis. Act 9, s.
3263.
85.515 History
History: 1997 a. 84;
1999 a. 9.
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
66.1021.
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. 18.561 or
18.562, 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.
85.53
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.
