85.01(5) (5) "Railroad" means a railroad as defined in s. 195.02 (1) and any company, association, corporation or person managing, maintaining, operating or in possession of a railroad in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.
85.01(7) (7) "Railway" means a corporation described in s. 193.01, 1983 stats.
85.01(8) (8) "Secretary" means the secretary of transportation.
85.013 85.013 Hearings.
85.013(1)(1) Except as provided in sub. (2), any hearing under s. 227.42 granted by the department may be conducted before the division of hearings and appeals which shall decide the matter.
85.013(2) (2)
85.013(2)(a)(a) The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under ch. 344.
85.013(2)(b) (b) Any hearing under s. 227.42 shall be held before the tax appeals commission under s. 73.01 if the hearing concerns an additional assessment, refund or denial of refund under any of the following:
85.013(2)(b)1. 1. The international registration plan under s. 341.405.
85.013(2)(b)2. 2. A fuel tax agreement under s. 341.45.
85.013 History History: 1993 a. 16; 1999 a. 145.
85.015 85.015 Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528, 16.752, and 16.753 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to 16.87, and 16.875 to 16.89.
85.015 History History: 1981 c. 20; 1985 a. 300; 1989 a. 345; 2005 a. 410.
85.02 85.02 Planning, promotion and protection.
85.02(1) (1) The department may direct, undertake and expend state and federal aid for planning, promotion and protection activities in the areas of highways, motor vehicles, traffic law enforcement, aeronautics and astronautics, railroads, waterways, specialized transportation services, mass transit systems and for any other transportation mode. All state, regional and municipal agencies and commissions created under authority of law shall to the extent practicable, when dealing with transportation, follow the recommendations made by the secretary.
85.02(2) (2) The department shall implement the policy specified in s. 1.12 (6) in making all decisions, orders, and rules affecting the siting of new electric transmission facilities.
85.022 85.022 Multimodal transportation studies.
85.022(1) (1) The department shall administer a program to study multimodal transportation. The department may make grants or pay contract costs from the appropriations under s. 20.395 (2) (hq) and (hx) for multimodal transportation studies and preliminary engineering of public transportation projects. The department may provide grants or contract with any person under this section to study interurban and intraurban area multimodal transportation, including an analysis of the potential impact of a transportation facility on local and statewide economic development. A study may consider any of the following:
85.022(1)(a) (a) Present and future transit ridership.
85.022(1)(b) (b) Existing railroad and other transportation right-of-way and potential right-of-way availability.
85.022(1)(c) (c) The capacity of alternative transit facilities.
85.022(1)(d) (d) Parking availability.
85.022(1)(e) (e) Plans for completing transit projects.
85.022(1)(f) (f) The creation of a regional operating authority.
85.022(1)(g) (g) Analysis of alternative means of financing, including public and private cost-sharing.
85.022(1)(h) (h) Coordination of rail passenger services with existing publicly operated mass transit systems.
85.022(1)(i) (i) Technologies, costs, benefits and projected ridership of conventional rail passenger service, or of high-speed rail service.
85.022(1)(j) (j) Express bus service.
85.022(1)(k) (k) Commuter rail service.
85.022(1)(L) (L) Travel data.
85.022(1)(m) (m) Urban rail transit systems.
85.022(2) (2)
85.022(2)(a)(a) The department shall study high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.
85.022(2)(b)1.1. Except as provided in subd. 2., funds may be expended under par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.
85.022(2)(b)2. 2. No funds may be expended under par. (a) unless the federal government contributes funds for a study under par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.
85.022(3) (3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county.
85.023 85.023 Planning for bicycle facilities. The department shall assist any regional or municipal agency or commission in the planning, promotion and development of bikeways as defined in s. 84.60 (1) (a). The department shall draft model local zoning ordinances for the planning, promotion and development of bikeways and bicycle racks.
85.023 History History: 1979 c. 221.
85.024 85.024 Bicycle and pedestrian facilities program.
85.024(1)(1) In this section, "political subdivision" means a county, city, village or town.
85.024(2) (2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development, or construction of bicycle and pedestrian facilities. For purposes of this subsection, "bicycle and pedestrian facilities" do not include sidewalks or street beautification measures. The department shall award from the appropriation under s. 20.395 (2) (ox) grants to political subdivisions under this section. The department may, from the appropriation under s. 20.395 (2) (oq), supplement the amount of these grants. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 20 percent of the amount awarded under this section. Any improvement project for which a political subdivision receives a grant under this section shall be let by contract based on bids and the contract shall be awarded to the lowest competent and responsible bidder.
85.024 History History: 1993 a. 16; 1997 a. 27; 1999 a. 9, 80; 2007 a. 20; 2009 a. 28.
85.025 85.025 Highway and bridge projects. The department shall adopt by rule criteria for selecting and evaluating all highway and bridge projects which are constructed from the appropriations under s. 20.395 (3) (bq), (bv), (bx), (cq), (cv) and (cx).
85.025 History History: 1979 c. 221, 355; 1991 a. 39.
85.025 Cross-reference Cross-reference: See also ch. Trans 209, Wis. adm. code.
85.026 85.026 Transportation enhancement activities program.
85.026(1)(1)Definitions. In this section:
85.026(1)(a) (a) "Political subdivision" means any city, village, town or county.
85.026(1)(b) (b) "Transportation enhancement activities" has the meaning given in 23 USC 101 (a).
85.026(2) (2)Program. The department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under 23 USC 133 (b) (8). The grants shall be awarded from the appropriations under s. 20.395 (2) (nv) and (nx). The department may, from the appropriation under s. 20.395 (2) (oq), supplement the amount of these grants for grants awarded for transportation enhancement activities involving bicycle and pedestrian facilities eligible for assistance under s. 85.024 (2).
85.026 History History: 1997 a. 27; 1999 a 9; 2009 a. 28.
85.027 85.027 Traffic marking enhancement grants.
85.027(1)(1)Administration. Subject to 2003 Wisconsin Act 33, section 9153 (4q), the department shall administer a program to provide grants to local units of government for the installation of traffic marking enhancements with the intent of improving visibility for elderly drivers and pedestrians. The enhancements may include pavement markings for center lines, lane lines, edge lines, lane-use arrows, and cross walks that are brighter or more reflective than the markings that are typically used, traffic signs with enhanced reflectivity and with larger letters than are typically used, redundant street name signs in advance of intersections, and overhead mounted street name signs at major intersections.
85.027(2) (2)Grants.
85.027(2)(a)(a) A local unit of government that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the total estimated cost of the project for which moneys are awarded under this section.
85.027(2)(b) (b) The department shall award grants annually to at least one project in each of the following:
85.027(2)(b)1. 1. An urban area.
85.027(2)(b)2. 2. A suburban area.
85.027(2)(b)3. 3. A rural area.
85.027(2)(c) (c) The department shall consider the following in awarding a grant for a proposed project:
85.027(2)(c)1. 1. The crash history of the proposed project area.
85.027(2)(c)2. 2. The prevalence of older drivers and pedestrians in the area of the proposed project.
85.027(2)(c)3. 3. The extent to which the proposed improvements would produce demonstrable benefits.
85.027(2)(c)4. 4. Whether a project is proposed cooperatively by more than one local unit of government and coordinates improvements on highways in more than one jurisdiction. The department shall favor cooperative projects.
85.027(2)(c)5. 5. The geographic distribution of all of the projects that are awarded grants. The department shall distribute projects throughout the state.
85.027(2)(d) (d) The department shall award grants under this section from the appropriation under s. 20.395 (2) (ev).
85.027 History History: 2003 a. 33.
85.028 85.028 Milwaukee east-west transportation corridor. Upon implementation of a funding source to provide local funds for a Milwaukee east-west transportation corridor project, local units of government that will be affected by such a project shall reimburse the transportation fund for 50% of the nonfederal share of preliminary engineering costs relating to a Milwaukee east-west transportation corridor project.
85.028 History History: 1993 a. 437 ss. 180, 267, 268; 1999 a. 85.
85.029 85.029 Safe routes to school program.
85.029(1) (1) In this section:
85.029(1)(a) (a) "Local governmental unit" has the meaning given in s. 59.72 (1) (c).
85.029(1)(b) (b) "Political subdivision" has the meaning given in s. 85.026 (1) (a).
85.029(1)(c) (c) "State agency" has the meaning given in s. 20.001 (1).
85.029(1)(d) (d) "Indian tribe" has the meaning given in s. 139.30 (5).
85.029(2) (2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).
85.029(3) (3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).
85.029(4) (4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).
85.029(5) (5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.
85.029(6) (6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).
85.029 History History: 2007 a. 20.
85.03 85.03 Federal reduction or termination of aid. All appropriations made to the department under s. 20.395 are subject to the specific provision that if federal government funding of any portion of a program under s. 20.395 is reduced or terminated, the secretary may terminate or reduce state participation in the program in such proportion as the secretary considers appropriate.
85.03 History History: 1971 c. 125 s. 417; Stats. 1971 s. 85.02; 1973 c. 90 ss. 397e, 560 (4); Stats. 1973 s. 85.03; 1991 a. 316.
85.035 85.035 Reduction of department appropriations. Subject to s. 85.62, where the secretary deems that economic conditions warrant, the secretary, in conjunction with submission of estimates under s. 16.50, may recommend to the secretary of administration that authorized department appropriations be reduced to reflect revenue deficiencies.
85.035 History History: 1977 c. 29; 1981 c. 30; 2007 a. 20; 2009 a. 178.
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This is an archival version of the Wis. Stats. database for 2009. See Are the Statutes on this Website Official?