85.09(5)(b)
(b) Any state agency, railroad, county or municipality which requests the department to make a determination of abandonment status and public interest in acquisition of rail property under
sub. (4) shall provide a formal legal description of the rail property which is the subject of the request. The department may decline to take action on requests which do not contain an adequate description of the rail property involved. When the department provides a release of its first right to acquire rail property, the state agency, railroad, county or municipality which receives the release shall within 90 days have the release recorded by the register of deeds for each county in which the rail property is located.
85.09(6)
(6) State rights subordinate to federal law. To the extent that the first or subsequent rights of acquisition under this section conflict with rights conferred by
49 USC 10905 (f) (4) or
10910 (h), the rights conferred by this section are subordinate to such federal rights and shall take effect only when consistent with
49 USC 10905 (f) (4) and
10910 (h).
85.09(7)
(7) Rules. The department may adopt such rules as it deems necessary to accomplish the purposes of this section.
85.09 Cross-reference
Cross-reference: See also ch.
Trans 29, Wis. adm. code.
85.095
85.095
Harbor assistance program. 85.095(1)(a)
(a) "Eligible applicant" means a county, municipality, town or agency thereof, a board of harbor commissioners organized under
s. 30.37, or a person who owns a harbor facility.
85.095(1)(b)
(b) "Harbor improvements" means any dock wall repair and maintenance, construction of new dock walls, dredging of materials from a harbor or the placement of dredged materials in containment facilities.
85.095(2)
(2) Administration. The department, in consultation with the Wisconsin coastal management council created under
s. 14.019, shall administer the harbor assistance program and shall have the following powers:
85.095(2)(a)
(a) To make grants for the purpose of reimbursing eligible applicants for moneys expended to make harbor improvements and to fund other harbor assistance and improvement projects. The amount of a grant may not exceed 80% of the moneys expended by the eligible applicant for harbor improvements.
85.095(2)(b)
(b) To establish criteria for evaluating applications for harbor assistance grants in order to provide for the disbursement of grants. In establishing these criteria, the department shall consult with the department of commerce and shall give priority to applicants based on the amount of tonnage and waterborne transportation handled in the harbor.
85.095(2)(c)
(c) To receive and review applications for grants under this section and to prescribe the form, nature and extent of the information which shall be contained in the applications.
85.095(2)(d)
(d) To direct, with the approval of the governor, that state debt subject to the limitations in
s. 20.866 (2) (uv) be contracted in accordance with
ch. 18 to fund harbor improvements and other harbor assistance and improvement projects.
85.095(3)(a)(a) Except as provided in
par. (c), no grant may be made under this section unless the eligible applicant submits information to the department regarding harbor projects for which the eligible applicant may request state aid under this section or federal aid, or both, during the next 3-year period. The information shall be submitted prior to the April 1 which precedes the fiscal year in which the eligible applicant seeks aid under this section.
85.095(3)(b)
(b) The department shall, by rule, establish the starting date of each 3-year period and the form, nature and extent of the notice required under
par. (a).
85.095(3)(c)
(c) The department may waive the requirements under this subsection.
85.095(4)
(4) Harbor improvements on Mississippi River. An eligible applicant may receive a grant under this section for harbor improvements located on an island in the Mississippi River regardless of the state in which the island is located if the island is owned by a city, village, town or county in this state.
85.095(5)
(5) Private harbor facility eligibility. 85.095(5)(a)(a) Notwithstanding
subs. (2) and
(3), the department may award a grant under this section to fund harbor improvements and other harbor assistance and improvement projects to a privately owned harbor facility only if the harbor facility is to be held open for public use for at least 10 years following completion of the improvement or project for which reimbursement is provided under
sub. (2) (a) or for any period specified by the department in any grant agreement, whichever is longer.
85.095(5)(b)
(b) If the recipient of a grant described under
par. (a) fails to hold the harbor facility open for public use for the period specified in
par. (a), the grant recipient shall repay the grant funds to the department to the extent and in the manner directed by the department, and the department shall include this requirement in any grant agreement with the grant recipient.
85.095 Cross-reference
Cross-reference: See also ch.
Trans 28, Wis. adm. code.
85.10
85.10
Sale of aerial photographic survey products. The department may sell to any person the selection of photographic products from the aerial photographic survey conducted under
s. 23.325. The department may retain an amount equal to the costs that it incurs in selling and reproducing the photographic products.
85.103
85.103
Disclosure of personal identifiers. 85.103(1)
(1) In this section, "personal identifier" means a name, social security number, telephone number, street address, post-office box number or 9-digit extended zip code.
85.103(2)
(2) The department shall include on any form for application for original registration under
s. 341.08, for application for renewal of registration under
s. 341.08, for application for a certificate of title under
s. 342.06, for application for a license or identification card or renewal of a license or identification card under
s. 343.14 and for application for a special identification card under
s. 343.51, a place for the individual to designate that the individual's personal identifiers may not be disclosed in information compiled or maintained by the department that contains the personal identifiers of 10 or more individuals, a statement indicating the effect of making such a designation and a place for an applicant or registrant who has made a designation under this subsection or
sub. (3) to reverse the designation.
85.103(3)
(3) The department shall provide to an individual upon request a form that includes a place for the individual to designate that the individual's personal identifiers may not be disclosed in information compiled or maintained by the department that contains the personal identifiers of 10 or more individuals, a statement indicating the effect of making such a designation and a place for an applicant or registrant who has made a designation under this subsection or
sub. (2) to reverse the designation.
85.103(5)
(5) In providing a person with any information that is collected or prepared by the department and that consists in whole or in part of the personal identifiers of 10 or more persons, the department may not disclose the personal identifier of any person who has made a designation under
sub. (2) or
(3), except as provided in
sub. (6).
85.103(7)(a)(a) The department shall establish by rule a reasonable period for complying with designations made under
subs. (2) and
(3).
85.103(7)(b)
(b) If an unanticipated number of designations result in the department not being able to comply with a reasonable effort with designations made under
subs. (2) and
(3) within the period established by the department under
par. (a), the department may establish the temporary extension by rule, using the procedure under
s. 227.24.
85.105
85.105
Sale of motor vehicle records. 85.105(1)
(1) Notwithstanding
s. 343.24 (2m), the department may contract with a person to periodically furnish that person with any records on computer tape or other electronic media that contain information from files of motor vehicle accidents or uniform traffic citations and that were produced for or developed by the department for purposes related to maintenance of the operating record file database. The department and the person desiring to contract with the department shall make a good faith effort to negotiate the purchase price for the records to be provided under this section.
85.105(2)
(2) Beginning with contracts entered into, extended, modified or renewed on November 1, 2000, in providing information under this section that contains the personal identifiers, as defined in
s. 85.103 (1), of 10 or more individuals, the department may not include a personal identifier of any person who has made a designation under
s. 85.103 (2) or
(3).
85.105 History
History: 1997 a. 27 s.
5504,
5505; Stats. 1997 s. 85.105;
1999 a. 88,
185.
85.107
85.107
Scholarship and loan repayment incentive grant program. 85.107(1)(1)
Purpose. The scholarship and loan repayment incentive grant program is created to assist in improving the representation of targeted group members within job classifications in which targeted group members are underutilized in the department.
85.107(2m)(am)
(am) "Person with a disability" means any person who has a physical or mental disability that constitutes or results in a substantial barrier to employment.
85.107(2m)(b)
(b) "Targeted group member" means a person with disabilities, or a person who belongs to a class of race, color, or sex, whose percent of the workforce within any job classification in the department is less than that class's percent of the statewide labor market for such job activities.
85.107(3)(a)
(a) Award scholarships to targeted group members who are enrolled full time and registered as sophomores, juniors or seniors in a bachelor degree program offered by an accredited institution of higher education in this state. Scholarships under this paragraph shall not exceed the following amounts:
85.107(3)(am)
(am) Award scholarships of not more than $2,000 each to any targeted group member who is registered in his or her 2nd year of full-time enrollment in an associate degree program, as defined in
s. 38.01 (1), or vocational diploma program, as defined in
s. 38.01 (11), at a technical college in this state.
85.107(3)(b)1.1. Make loan repayment grants to targeted group members who are employed by the department and have education loans outstanding. Subject to
subd. 2., loan repayment grants under this subdivision shall not exceed the following amounts:
85.107(3)(b)1.b.
b. After 2 years of employment by the department, an additional $1,200.
85.107(3)(b)1.c.
c. After 3 years of employment by the department, an additional $1,700.
85.107(3)(b)1.d.
d. After 4 years of employment by the department, an additional $2,100.
85.107(3)(b)2.
2. The total amount of loan repayment grants under this paragraph made to an employee shall not exceed the amount of the employee's education loans outstanding.
85.107(4)
(4) Rule making. The department shall promulgate rules to implement and administer this section.
85.107 History
History: 1987 a. 27;
2001 a. 16.
85.107 Cross-reference
Cross-reference: See also ch.
Trans 403, Wis. adm. code.
85.11
85.11
Southeast Wisconsin transit capital assistance program. 85.11(1)(1)
Definitions. In this section:
85.11(1)(a)
(a) "Eligible applicant" means the southeastern regional transit authority under
s. 59.58 (7).
85.11(1)(b)
(b) "Municipality" means a city, village, or town.
85.11(1)(c)
(c) "Southeast Wisconsin" means the geographical area comprising the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha.
85.11(2)
(2) Program and funding. The department shall develop and administer a southeast Wisconsin transit capital assistance program. From the appropriation under
s. 20.866 (2) (uq), the department may award grants to eligible applicants for transit capital improvements as provided under
subs. (4) to
(6).
85.11(3)(a)(a) Each grant applicant shall specify any project for which grant funds are requested. An applicant may not include a project in a grant application if the project is a major transit capital improvement project and the project has not been enumerated under
s. 85.062 (3).
85.11(3)(b)
(b) The department may not accept grant applications under this section after December 31, 2015.
85.11(4)
(4) Eligibility. The department may not award a grant under this section to an eligible applicant unless all of the following apply:
85.11(4)(a)
(a) The eligible applicant is eligible under federal law to be a public sponsor for a project that receives federal funding.
85.11(4)(b)
(b) The eligible applicant receives funds from a dedicated local revenue source for capital and operating costs associated with providing transit services.
85.11(5)(a)(a) Subject to
par. (b), the department may award grants to eligible applicants that satisfy the requirements under
sub. (4). Any grant awarded under this section may not exceed $50,000,000, 25 percent of the total project cost, or 50 percent of the portion of the total project cost not funded with federal aid, whichever is least.
85.11(5)(b)
(b) The department may award a grant under
par. (a) only if all of the following apply:
85.11(5)(b)1.
1. Any project for which the grant is to be awarded has received any approval to proceed required by the appropriate federal agency. Approval to proceed under this subdivision is required by December 31, 2012, for any project utilizing federal interstate cost estimate substitute project funding and for any project resulting from the Milwaukee Downtown Transit Connector Study of the Wisconsin Center District.
85.11(5)(b)2.
2. The number of revenue hours of transit service provided in the area serviced by the grant applicant at the time of the grant application is not less than that provided in 2001, if transit services were provided in 2001 by the grant applicant or by any other local unit of government.
85.11(6)
(6) Administration. In administering this section, the department shall do all of the following:
85.11(6)(a)
(a) Prescribe the form of grant applications and the nature and extent of information to be provided with these applications, and establish an annual application cycle for receiving and evaluating applications under the program.
85.11(6)(b)
(b) Establish criteria and standards for grant eligibility for transit capital improvement projects under the program.
85.11(6)(c)
(c) Establish criteria and standards for evaluating and ranking applications and for awarding grants under the program.
85.11 History
History: 2009 a. 28.
85.12
85.12
Statewide public safety radio management program. 85.12(1)(1) The department shall administer a statewide public safety radio management program. From the appropriations under
s. 20.395 (5) (dk) and
(dq), the department may provide statewide tower site management, public safety frequency management, public safety database administration and planning services related to statewide public safety radio management.
85.12(2)
(2) The department shall maintain any existing communications equipment at state patrol towers and stations that is used by emergency medical services programs under
s. 256.12 unless the cost of maintaining the equipment exceeds the benefits that will result from such maintenance.
