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 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)(cm)
(cm) Some portion of law enforcement costs determined by the department, in consultation with the representatives appointed under
sub. (5) (am), may be reported as eligible cost items. The department may establish different portions under this paragraph for different classes of counties or municipalities.
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. 66.0429 (3) may not affect the eligibility of a city to receive any state transportation aids.
86.305 History
History: 1993 a. 113;
1999 a. 150 s.
672.
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 all of the county highway commissioners 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),
(3m) and
(3r). 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 or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under
sub. (6) (h).
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)1m.
1m. The county highway department demonstrates that it is cost-effective for it to perform the work and that competitive bidding is to be used for improvements with an estimated total cost at least equal to the total funds allocated for its county trunk highway improvements under the program during the current biennium.
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 do all of the following with respect to any work to be performed by any county highway department within the county highway improvement program district:
86.31(2)(d)5.a.
a. Review the proposed work and determine that it is cost-effective for the county highway department to perform the work.
86.31(2)(d)5.b.
b. Approve the proposed work prior to its being performed by the county highway department.
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 $65,000 or less be certified by a registered professional engineer.
86.31(3)(a)(a) Funds provided under
s. 20.395 (2) (fr) shall be distributed under this subsection. For purposes of entitlement, the program shall consist of the following components:
86.31(3)(b)3.
3. For city and village street improvements, 28.5%.
86.31(3)(c)
(c) Entitlements for each component under this subsection 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 — discretionary grants. From the appropriation under
s. 20.395 (2) (ft), the department shall allocate $5,250,000 in each fiscal year, beginning in fiscal year 2005-06, 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 — discretionary grants. From the appropriation under
s. 20.395 (2) (ft), the department shall allocate $750,000 in each fiscal year, beginning in fiscal year 2005-06, 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(3r)
(3r) Municipal street improvements — discretionary grants. From the appropriation under
s. 20.395 (2) (ft), the department shall allocate $1,000,000 in each fiscal year, beginning in fiscal year 2005-06, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under
sub. (3).
86.31(3s)
(3s) West Canal Street reconstruction and extension. Notwithstanding limitations on the amount and use of aids provided under this section, or on eligibility requirements for receiving aids under this section, and subject to
s. 84.03 (3) (b), the department shall award a grant of $2,500,000 to the city of Milwaukee for the purposes specified under
s. 84.03 (3) (a). Notwithstanding
subs. (3) (b),
(3g),
(3m), and
(3r), payment of the grant under this subsection shall be made from the appropriation under
s. 20.395 (2) (fr) before making any other allocation of funds under
subs. (3) (b),
(3g),
(3m), and
(3r), and the allocation of funds under
subs. (3) (b),
(3g),
(3m), and
(3r) shall be reduced proportionately to reflect the amount of the grant made under this subsection. This subsection does not apply after December 31, 2005.
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), for town road improvements under
sub. (3m) and for municipal street improvements under
sub. (3r).
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.
86.31(6)(g)
(g) Specific criteria for making determinations of cost-effectiveness under
sub. (2) (d) 5. a. and procedures for review by the department of disputes relating to whether proposed work to be performed by a county highway department is cost-effective for purposes of
sub. (2) (d) 5. a.
86.31(6)(h)
(h) Criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:
86.31(6)(h)1.
1. A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids.
86.31(6)(h)2.
2. A requirement that all bids may be rejected and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under
subd. 1. by at least 10% and the town board notifies the 2 lowest bidders or, if only one bid was received, the bidder to provide information on the accuracy of the cost estimate under
subd. 1.
86.31(6)(h)3.
3. A requirement that the amount of the contract with a county for the improvement be at least 10% below the lowest bid received for the improvement.
86.31(6)(h)4.
4. A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10% below the lowest bid received for the improvement.
86.31 Cross-reference
Cross Reference: See also ch.
Trans 206, Wis. adm. code.
86.312
86.312
Local roads for job preservation program. 86.312(1)(a)
(a) "Job" means an employment position providing full-time equivalent employment. "Job" does not include initial training before an employment position begins.
