85.205
85.205
Prohibited expenditures and construction for light rail. 85.205(1)(1) Notwithstanding
ss. 85.022,
85.062 and
85.063, the department may not encumber or expend any federal funds received under
P.L. 102-240, section 1045, or
P.L. 105-277, section 373, or state funds for any purpose related to a light rail mass transit system on or after September 1, 2001. This subsection does not apply to any light rail mass transit system that is being constructed on October 29, 1999. This subsection does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This subsection does not apply after June 30, 2002.
85.205(2)
(2) A light rail mass transit system may not be constructed in Milwaukee County after September 1, 2001, unless the Milwaukee County board authorizes construction of the light rail mass transit system by resolution and the resolution is ratified by the electors of Milwaukee County at a referendum held at the next general election.
85.205 History
History: 1999 a. 9;
2001 a. 16.
85.21
85.21
Specialized transportation assistance program for counties. 85.21(1)(1)
Purpose. The purpose of this section is to promote the general public health and welfare by providing financial assistance to counties providing transportation services for elderly and disabled persons, and to thereby improve and promote the maintenance of human dignity and self-sufficiency by affording the benefits of transportation services to those people who would not otherwise have an available or accessible method of transportation.
85.21(2)
(2) Definitions. In this section:
85.21(2)(a)
(a) "Copayment" means the fee imposed on a person for the use of the specialized transportation service.
85.21(2)(b)
(b) "County proportionate share" means the amount allocated to a county under this section which is based on the total amount appropriated for purposes of this section during the current fiscal year multiplied by the ratio of the number of elderly and disabled persons in the county to the total number of elderly and disabled persons in this state and which provides for a minimum base amount for each county, as determined by the department.
85.21(2)(c)
(c) "Designated service area" means that area to be provided specialized transportation service for any fiscal year.
85.21(2)(cm)
(cm) "Disabled person" means any individual who, because of any temporary or permanent physical or mental condition or institutional residence is unable without special facilities or special planning or design to use available transportation facilities and services as effectively as persons who are not so affected.
85.21(2)(d)
(d) "Elderly person" means any individual age 65 or over.
85.21(2)(e)
(e) "Eligible applicant" means any county or agency thereof.
85.21(2)(g)
(g) "Specialized transportation service" means a transportation system, either publicly or privately owned, which provides to elderly or disabled persons general or special service on a regular and continuing basis in a designated service area.
85.21(3)
(3) Administration. The department shall administer the specialized transportation service assistance program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.21(3)(a)
(a) To receive and review county plans for specialized transportation service assistance under this section and to prescribe the form, nature and extent of the information which shall be contained in the county plans. County plans may also include specialized transportation services to persons age 55 or over.
85.21(3)(b)
(b) To determine the county proportionate share in accordance with a generally accepted statistical methodology and practice.
85.21(3)(c)
(c) To make and execute contracts with counties to ensure the provision of specialized transportation service. Payments under such contracts to eligible applicants shall not exceed the county proportionate share, except as supplemented under
par. (e) or
(f). A contract under this section shall require the county to make a matching contribution of 20% of the contract amount and to furnish information determined necessary by the department for periodic program monitoring and year-end auditing and evaluation. A contract may permit a county to hold aids received under this section on or after July 2, 1983, in trust, according to rules promulgated by the department, for the exclusive purpose of acquiring or maintaining equipment used for services authorized under this section. All aids held in trust, as well as any accumulated interest, not expended for the authorized purposes, shall be returned to the department for deposit in the transportation fund. Nothing in this paragraph entitles a county to any investment interest accumulated prior to the time the aid payment is actually received by the county.
85.21(3)(e)
(e) If any county fails to contract with the department for its entire county proportionate share by February 1 of any fiscal year, the department may distribute the remaining amount by supplemental contract with other counties that have applied for more than their county proportionate share.
85.21(3)(f)
(f) Notwithstanding the determination of county proportionate share under
par. (b), to make supplemental payments under contracts to eligible applicants under this section. The department shall make supplemental payments under this paragraph to ensure that payments to any eligible applicant for calendar year 1994 and for each calendar year thereafter are at least equal to payments made to the eligible applicant for calendar year 1992.
85.21(3m)(b)(b) Notwithstanding
ss. 111.321,
111.322, and
111.335, and subject to
par. (bm), no specialized transportation service that is operated by a county or that contracts with a county for services under this section may do any of the following:
85.21(3m)(b)4.
4. Employ as an operator of a human service vehicle any person who the specialized transportation service knows or should have known does not meet the requirements for a school endorsement specified under
s. 343.12 (2) (d) and
(e) and any rule established by the department under
s. 343.12 (2) (d) and
(e).
85.21(3m)(b)5.
5. Employ as an operator of a human service vehicle any person who the specialized transportation service knows or should have known does not possess a valid operator's license issued under
ch. 343 or by another jurisdiction that authorizes the operation of any human service vehicle to be operated by that operator.
85.21(3m)(b)7.
7. Employ as an operator of a human service vehicle any person for whom the specialized transportation service has not obtained an operating record as required under
par. (dm).
85.21(3m)(b)10.
10. Employ as an operator of a human service vehicle any person who has not, within the previous 24 months, been fully trained in the proper use of all passenger restraint systems available in the human service vehicle operated by that operator.
85.21(3m)(bm)
(bm) Notwithstanding
par. (b) 4. and
7., a specialized transportation service that is operated by a county or that contracts with a county for services under this section may employ as an operator of a human service vehicle any person holding a valid school bus endorsement under
s. 343.12 that was issued or renewed within 4 years prior to employment.
85.21(3m)(d)
(d) Notwithstanding
ss. 111.321,
111.322, and
111.335, prior to employing any person, other than a person holding a valid school bus endorsement under
s. 343.12 that was issued or renewed within 4 years prior to employment, as an operator, a specialized transportation service shall obtain from the records maintained by the department of justice, and the department of justice shall provide, a criminal history search of the person. Notwithstanding
ss. 111.321,
111.322, and
111.335, if the person who is the subject of the criminal history search is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the specialized transportation service shall make a good faith effort to obtain promptly from any state in which the person is a resident, or was a resident within the 3 years preceding the date of the search, information that is equivalent to a criminal history.
85.21(3m)(dm)1.1. Every specialized transportation service that is operated by a county or that contracts with a county for services under this section shall, prior to employing any person, other than a person holding a valid school bus endorsement under
s. 343.12 that was issued or renewed within the previous 4 years, as an operator of a human service vehicle, obtain the person's operating record from the department under
s. 343.24 or, if the operating record has already been obtained by another entity, from that entity if there are reasonable grounds to believe that the operating record obtained from that entity is accurate and was furnished by the department to that entity not more than 2 months previously.
85.21(3m)(dm)2.
2. No later than every 4 years, every specialized transportation service that is operated by a county or that contracts with a county for services under this section shall obtain, in the manner provided in
subd. 1., an updated operating record for any person employed as an operator of a human service vehicle by the specialized transportation service.
85.21(4)
(4) County plan provisions; copayments. 85.21(4)(a)(a) The county may establish the transportation of elderly and disabled persons to medical, nutritional and work-related activities as the priority for the specialized transportation services.
85.21(4)(b)
(b) Specialized transportation services may at the discretion of the county be open to the general public on a space-available basis.
85.21(4)(c)1.1. The county shall either require a copayment by the user of the specialized transportation service or provide the user with an opportunity to make a voluntary contribution to the cost of the service.
85.21(4)(c)2.
2. The county shall establish the amount of copayment if copayment is required and shall recommend an amount for a voluntary contribution if an opportunity to make a voluntary contribution is provided. The county shall establish the method by which the copayment or voluntary contribution is collected from the user.
85.21(4)(c)3.
3. The county shall collect and incorporate into the county plan data regarding the purposes and activities for which individuals use the specialized transportation services.
85.21(4)(c)4.
4. A county may exempt a user from payment under
subd. 1. if an emergency exists, if the user does not have the economic resources to make a payment or if the user is not competent to make a payment.
85.21(4)(d)
(d) A county may not use aids provided under this section to support the regular route services of an urban mass transit system receiving state aids under
s. 85.20. A county may use aids provided under this section to support subsystems of urban mass transit systems that provide special services to elderly or disabled persons.
85.21 Cross-reference
Cross Reference: See also ch.
Trans 1, Wis. adm. code.
85.22
85.22
Capital assistance program for specialized transportation. 85.22(1)(1)
Purpose. The purpose of this section is to promote the general public health and welfare by providing capital assistance to eligible applicants providing transportation services to elderly and disabled persons.
85.22(2)
(2) Definitions. In this section:
85.22(2)(ag)
(ag) "Disabled person" means any individual who, because of any temporary or permanent physical or mental condition or institutional residence is unable without special facilities or special planning or design to use available transportation facilities and services as effectively as persons who are not so affected.
85.22(2)(am)
(am) "Eligible applicant" means any applicant that meets eligibility requirements for federal assistance under
49 USC 5310 (a) and is one of the following:
85.22(2)(am)2.
2. A local public body that satisfies one of the following conditions:
85.22(2)(am)2.a.
a. After submission and approval of the certification by the department, certifies to the governor that no private, nonprofit organization is readily available to provide transportation services to elderly and disabled persons in the proposed service area.
85.22(2)(am)2.b.
b. Is approved by the department to coordinate transportation services to elderly and disabled persons in a proposed service area.
85.22(2)(b)
(b) "Elderly person" means any individual age 55 or older.
85.22(2)(c)
(c) "Local public body" has the meaning given in
s. 85.20 (1) (d), except as limited by rule of the department.
85.22(3)
(3) Administration. The department shall administer the grant program and shall have all the powers necessary and convenient to implement this section, including the following powers:
85.22(3)(a)
(a) To receive and review annually applications for aid under this section and to prescribe the form, nature and extent of information which shall be contained in applications. Each applicant shall indicate whether the transportation services it provides or proposes to provide conflict with any transportation services being assisted under
s. 85.21.
85.22(3)(b)
(b) To establish criteria for evaluating all applications and for placing each application in a statewide priority ranking for distribution of available federal and state moneys.
85.22(3)(c)
(c) To make and execute agreements with eligible applicants to provide for the undertaking of transportation services to elderly or disabled persons.
85.22(3)(d)
(d) To audit the records of all eligible applicants receiving aids under this section in accordance with generally accepted accounting principles and practices.
85.22(3)(e)
(e) To require eligible applicants receiving aids under this subsection to furnish information deemed necessary by the department.
85.22(3)(f)
(f) To apply for and receive federal grants on behalf of eligible recipients.
85.22(3)(g)
(g) To establish an annual application cycle for the program.
85.22(3)(h)
(h) To establish, by rule, standards for the coordination of transportation services to elderly and disabled persons for purposes of
s. 85.22 (2) (am) 2. b. These standards may require certification by a local public body that any application for aid under this section shall be consistent with the recommendations of a local coordinating committee on transportation that has membership which is, in the department's judgment, sufficient to provide for adequate coordination of services available in the applicable area.
85.22(4)(a)(a) Commencing with the highest ranked application and to the extent that state moneys are available, the department shall offer to each eligible applicant an amount of state aid such that the sum of federal and state aid received by an applicant does not exceed any of the following:
85.22(4)(a)1.
1. The percentage, specified by the department by rule, of the estimated capital project costs.
85.22(4)(a)2.
2. For the specific type or category of capital equipment for which aid is paid, the percentage of the estimated capital costs that are eligible for federal aid.
85.22(4)(b)
(b) State aids available under this section shall not be available for operating purposes.
85.22 Cross-reference
Cross Reference: See also ch.
Trans 2, Wis. adm. code.
85.23
85.23
Rural public transportation assistance program. The department may administer a program for the distribution of rural public transportation aids made available to the state under section 18 of the urban mass transportation act of 1964, as amended, or under any similar federal act.
85.23 History
History: 1981 c. 20 s.
1223.
85.23 Cross-reference
Cross Reference: See also ch.
Trans 6, Wis. adm. code.
85.24
85.24
Transportation employment and mobility program. 85.24(1)(1)
Purpose. The purpose of this section is to promote the conservation of energy, reduce traffic congestion, improve air quality, enhance the efficient use of existing transportation systems, and enhance the success of welfare-to-work programs by providing efficient and effective transportation services that link low-income workers with jobs, training centers, and child care facilities, by planning and promoting demand management and ride-sharing programs, and by providing technical and financial assistance to public and private organizations for job access and employment transportation assistance programs and for the development and implementation of demand management and ride-sharing programs.
85.24(2)
(2) Definitions. In this section:
85.24(2)(a)
(a) "Demand management" means policies and programs designed to reduce the number of automobile trips, especially during peak hours of traffic congestion, including policies and programs designed to do any of the following:
85.24(2)(a)1.
1. Promote the reduction of unnecessary single-occupancy automobile trips.
85.24(2)(a)2.
2. Promote alternatives to automobile travel, such as biking and walking.
85.24(2)(a)3.
3. Encourage the use of high-occupancy modes of travel, such as ride sharing and all forms of public transportation.
85.24(2)(a)4.
4. Increase the convenience of alternatives to single-occupancy automobile trips, such as appropriate land-use planning and preferential parking privileges for car and van pools.
85.24(2)(ag)
(ag) "Job access and employment transportation assistance" means policies and programs that are directed at resolving the transportation needs of low-income workers and recipients of public assistance with respect to transportation to-and-from jobs, including welfare-to-work programs, and activities related to their employment.
85.24(2)(b)
(b) "Ride sharing" means the use of a single motor vehicle by 2 or more persons for the purpose of commuting to and from their places of employment or attendance at postsecondary institutions, and includes commuting by means of a car pool or a van pool.
85.24(2)(br)
(br) "Transportation employment and mobility" means policies and programs that encompass demand management, ride sharing, and job access and employment transportation assistance.
85.24(3)(a)(a) The department of transportation shall be the lead state agency in demand management and ride-sharing activities and shall collaborate with the department of workforce development in job access and employment transportation assistance programs. The department of transportation shall have all powers necessary to develop and implement a state transportation employment and mobility program that includes the coordination of demand management, ride-sharing, and job access and employment transportation assistance activities in this state; the promotion and marketing of demand management, ride-sharing, and job access and employment transportation assistance activities; the dissemination of technical information; the provision of technical and financial assistance to public and private organizations for the planning, development, and implementation of demand management, ride-sharing, and job access and employment transportation assistance programs; and the development and distribution of computer and manual ride-matching systems.
85.24(3)(b)
(b) The department may apply for and receive federal grants on its own behalf or as requested on behalf of other private and public organizations.
85.24(3)(c)
(c) The department may administer a program for the distribution of any federal funds for ride sharing, demand management, and job access and employment transportation assistance that are made available to the state.
85.24(3)(d)
(d) The department may award grants from the appropriation under
s. 20.395 (1) (bs) to public and private organizations for the development and implementation of demand management, ride-sharing, and job access and employment transportation assistance programs. As a condition of obtaining a grant under this paragraph, a public or private organization may be required to provide matching funds at any percentage. For demand management and ride-sharing purposes, the department shall give priority in the awarding of grants to those programs that provide the greatest reduction in automobile trips, especially during peak hours of traffic congestion. The department shall have all powers necessary and convenient to implement this paragraph, including the following powers:
