86.255 History
History: 1999 a. 9.
86.257
86.257
Transfer of highways. The department or a political subdivision, as defined in
s. 86.31 (1) (d), may transfer jurisdiction and ownership of, or other property interest in, a highway that is under the jurisdiction of the department or political subdivision to a federally recognized American Indian tribe or band in this state or an agency of the United States government that is acting on behalf of a federally recognized American Indian tribe or band in this state by entering into a jurisdictional transfer agreement with the tribe or band or agency. The jurisdictional transfer agreement shall contain all of the following:
86.257(1)
(1) A dispute resolution procedure.
86.257(2)
(2) A provision that requires that the transferred highway remain open to the use of the public as a matter of right for the purposes of vehicular traffic unless the tribe or band or agency conducts proceedings, makes findings, and meets other conditions for discontinuation that would be applicable to the governing body of a 1st class city under
s. 62.73, if the highway is located in a 1st class city; the governing body of a village or city, except a 1st class city, under
s. 66.1003, if the highway is located in a village or city, except a 1st class city; or the governing body of a town under
s. 82.10, if the highway is located in a town.
86.257 History
History: 2009 a. 231.
86.30
86.30
General transportation aids. 86.30(1)
(1)
Definitions. In this section:
86.30(1)(c)
(c) “Municipality" means a city, village or town.
86.30(1)(e)
(e) “Statewide county average cost-sharing percentage" means a factor determined for counties by which multiyear average costs under
s. 86.303 are multiplied to fully distribute the amounts specified in
sub. (9) (b) for the purpose of determining the share of costs.
86.30(1)(f)
(f) “Statewide municipal average cost-sharing percentage" means a factor determined for municipalities by which multiyear average costs under
s. 86.303 are multiplied to fully distribute the amounts specified in
sub. (9) (c) for the purpose of determining the share of costs.
86.30(1)(g)
(g) “Three-year average costs" means the amount determined based on the 3 most recent years of actual costs established under
s. 86.303.
86.30(2)
(2) Transportation aids distribution. 86.30(2)(a)1.1. Except as provided in
pars. (b),
(d) and
(dm) and
s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under
subd. 2. and to each municipality shall be the aids amount calculated under
subd. 2. or
3., whichever is greater. If the amounts calculated for a municipality under
subd. 2. or
3. are the same, transportation aids to that municipality shall be paid under
subd. 2.
86.30(2)(a)2.a.a. The share of costs for a municipality is the amount determined by multiplying the statewide municipal average cost-sharing percentage by the municipality's multiyear average costs under
s. 86.303.
86.30(2)(a)2.b.
b. The share of costs for a county is the amount determined by multiplying the statewide county average cost-sharing percentage by the county's multiyear average costs under
s. 86.303.
86.30(2)(a)3.
3. For each mile of road or street under the jurisdiction of a municipality as determined under
s. 86.302, the mileage aid payment shall be $2,117 in calendar years 2013 and 2014 and $2,202 in calendar year 2015 and thereafter.
86.30(2)(b)1.1. Except as provided under
par. (d) and
s. 86.303 (5), no municipality whose aid is determined under
par. (a) 2. may receive an increase in its annual transportation aid payment in excess of 15 percent of its last previous calendar year aid payment or a decrease in its annual transportation aid payment in excess of 10 percent of its last previous calendar year transportation aid payment.
86.30(2)(b)1g.
1g. Except as provided under
par. (d) and
s. 86.303 (5), no municipality whose aid is determined under
par. (a) 3. may receive a decrease in its annual transportation aid payment in excess of 10 percent of its last previous calendar year transportation aid payment.
86.30(2)(b)1r.
1r. Except as provided under
s. 86.303, no county may receive an increase in its annual transportation aid payment in excess of 15 percent of its last previous calendar year aid payment. Except as provided under
par. (dm) and
s. 86.303, no county may receive a decrease in its annual transportation aid payment in excess of 10 percent of its last previous calendar year transportation aid payment.
86.30(2)(b)2.
2. The last previous calendar year aid payment to a municipality whose aid is determined under
par. (a) 3. is adjusted in proportion to changes in the mileage under the jurisdiction of the municipality before an adjustment under
subd. 1g. is made.
86.30(2)(d)
(d)
Aid limitation based on reported costs. No municipality may be paid an amount under this section greater than 85 percent of its 3-year average costs.
86.30(2)(dm)1.1. If the department of revenue requests the department to reduce the aids paid to a county under
par. (e), the department shall reduce those aids by the amount specified under
s. 59.605 (4) (b).
86.30(2)(dm)2.
2. An amount equal to the amount of the reductions under
subd. 1. is lapsed to the transportation fund.
86.30(2)(dr)
(dr)
Aid reduction related to outdoor advertising sign condemnation. The department may reduce aids paid to a county or municipality under
par. (e) as provided in
s. 84.30 (5r) (c).
86.30(2)(e)
(e)
Aid payments. General transportation aids under this section shall be calculated and distributed on the basis of a calendar year. General transportation aids to municipalities shall be paid in 4 equal installments on the first Monday in January, April, July and October. General transportation aids to counties shall be paid in 3 installments consisting of 25 percent of the amount under
sub. (9) (b) on the first Monday in January, 50 percent of the amount under
sub. (9) (b) on the first Monday in July, and 25 percent of the amount under
sub. (9) (b) on the first Monday in October. If adjustments are necessary, the department may adjust any of the scheduled aid payments in a calendar year. The payments shall be made from the appropriation under
s. 20.395 (1) (as) or
(at) for the fiscal year in which the payments are made.
86.30(2)(f)
(f)
Corrections of aid payments. In making corrections to transportation aid payments under this section:
86.30(2)(f)1.
1. If the sum of all underpayments and overpayments results in a net underpayment, the net underpayment shall be paid from the appropriation under
s. 20.395 (1) (ar).
86.30(2)(f)2.
2. If the sum of all underpayments and overpayments results in a net overpayment, the net overpayment shall be returned to the transportation fund.
86.30(7)
(7) Use of aids. All transportation aids distributed under this section shall be used for transportation related expenditures.
86.30(9)(b)(b) For the purpose of calculating and distributing aids under
sub. (2), the amounts for aids to counties are $94,615,600 in calendar years 2013 and 2014 and $98,400,200 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
86.30(9)(c)
(c) For the purpose of calculating and distributing aids under
sub. (2), the amounts for aids to municipalities are $308,904,300 in calendar years 2013 and 2014 and $321,260,500 in calendar year 2015 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
86.30(11)
(11) Local segregated account required. 86.30(11)(a)(a) Notwithstanding
sub. (2), the department may not pay state aid under this section to a municipality or county unless the municipality or county does all of the following:
86.30(11)(a)1.
1. Establishes and administers a separate segregated account from which moneys may be used only for purposes related to local highways.
86.30(11)(a)2.
2. Deposits in the account established under
subd. 1. all moneys received from this state and from the federal government for local highway purposes.
86.30(11)(b)
(b) If a municipality or county does not meet the requirements under
par. (a) at the time that aid should be paid under this section, the aid payment may be forfeited.
86.30(11)(c)
(c) Rules implementing this subsection may not require any eligible applicant to do any of the following:
86.30(11)(c)1.
1. Pay expenses related to law enforcement using moneys from an account established under this subsection.
86.30(11)(c)2.
2. Maintain separate checking accounts to implement this subsection, if the eligible applicant implements this subsection by segregating revenues and expenditures described in this subsection in the eligible applicant's bookkeeping system.
86.302
86.302
Local roads; inventory. 86.302(1g)
(1g) Except as provided in
sub. (1m), beginning on January 1, 2001, the board of every town, village and county, and the governing body of every city, shall file with the department not later than December 15 of every year, a certified plat of the municipality or county showing the highways under its jurisdiction and the mileage thereof to be open and used for travel as of the succeeding January 1. The department may use the plats in making computations of transportation aids. One-half of the mileage of highways on boundary lines shall be considered as lying in each municipality or county.
86.302(1m)(a)1.1. In lieu of filing a certified plat under
sub. (1g), if a municipality or county has not added or deleted jurisdictional mileage since filing its last preceding certified plat under
sub. (1g), its board or governing body may file a certified statement to that effect with the department.
86.302(1m)(a)2.
2. Notwithstanding
subd. 1., the department may require every municipality and county to file a certified plat under
sub. (1g) with the department in the year after the year in which a federal decennial census is conducted.
86.302(1m)(b)
(b) Upon incorporation of a village or city, the board of the village and the governing body of the city shall file with the department a certified plat of the village or city showing the highways under its jurisdiction and the mileage thereof to be open and used for travel as of the date of incorporation, which may be used by the department in making computations of transportation aids. One-half of the mileage of highways on boundary lines shall be considered as lying in the village or city.
86.302(2)
(2) Not later than December 15, 2001, and biennially thereafter, each municipality and county shall assess the physical condition of highways under its jurisdiction, using a pavement rating system approved by the department and report the results of that assessment to the department. The department shall assess the accuracy of mileage or other data concerning highways reported by municipalities and counties and may use field investigations to verify a portion of the data constituting a valid random sample or such specialized sample as the department considers appropriate. The department shall cooperate with and provide assistance to local units of government in their efforts under this subsection. Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.
86.302(3)
(3) For the purposes of transportation aid determinations under
s. 86.30, the department shall use changes in the highway mileage of a municipality or county indicated on the certified plat filed under
sub. (1g) in making computations of transportation aids to be paid beginning in the 2nd year following the year in which the certified plat is filed. The department shall consider the following factors:
86.302(3)(c)
(c) Changes in jurisdictional mileage responsibilities for existing highways.
86.302(4)
(4) Islands of this state consisting of one or more towns shall receive all state aids regularly payable to towns under
s. 86.30. For purposes of determining aids payable under
s. 86.30, mileage under the jurisdiction of an island under this subsection includes the number of miles equal to the distance between an island port and the closest mainland port where such distance is regularly traveled by a licensed ferry transporting persons, cars, trucks, buses and other mechanized equipment.
86.303
86.303
Cost determinations. 86.303(4)(a)(a) The multiyear average costs used to determine the share of cost aids amount for local units of government shall be based on the 6 most recent years for which actual costs are available.
86.303(4)(b)
(b) In the case of municipalities formed within the previous 6 years, the information needed for the determinations under this section shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to the total mileage of highways under their respective jurisdictions. In making these calculations, the department shall use the certified plats filed under
s. 86.302 (1g).
86.303(5)(am)
(am) The department, with the assistance of the department of revenue and representatives of local governments and their associations appointed by the secretary, shall prescribe a uniform cost reporting procedure.
86.303(5)(b)
(b) Cost data shall be reported on a calendar year basis, and financial report forms or a written request for extension shall be submitted to the department of revenue as provided under
pars. (c) and
(d). All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted.
86.303(5)(c)
(c) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under
s. 73.10 for municipalities having a population of 2,500 or less. The financial report form or a written request for extension shall be submitted to the department of revenue by March 31 by municipalities having a population of 2,500 or less for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department.
86.303(5)(d)
(d) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under
s. 73.10 for counties having a population of more than 2,500 and municipalities having a population of more than 2,500. The financial report forms or a written request for extension shall be submitted to the department of revenue by May 1 by counties having a population of more than 2,500 and municipalities having a population of more than 2,500 for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department. Counties having a population of 25,000 or more and municipalities having a population of 25,000 or more are required to submit a financial report form to the department of revenue under this paragraph and financial reports under
par. (g).
86.303(5)(e)
(e) Except as provided in
par. (f), if a county or municipality fails to submit a substantially complete and accurate financial report form by the applicable date under
par. (c) or
(d) each year, the aids payable to the county or municipality during the following year shall be equal to 90 percent of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(f)
(f) If a county or municipality submits a substantially complete and accurate financial report form within 30 calendar days after the applicable date under
par. (c) or
(d), the aids payable to the county or municipality for the following year shall be reduced by an amount equal to 1 percent of the aids payable to the county or municipality for the following year for each working day after the date required in
par. (c) or
(d) that the report form is actually submitted, subject to the following limitations:
86.303(5)(f)1.
1. The amount of the reduction may not exceed 10 percent of the aids payable to the county or municipality under
s. 86.30 (2) for the following year.
86.303(5)(f)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 percent of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(g)
(g) The department and the department of revenue shall prescribe a uniform financial reporting procedure under
s. 73.10 for counties having a population of 25,000 or more and municipalities having a population of 25,000 or more for the purposes under this section and for the purposes of administering other local aid programs, as defined by the department of revenue by rule. The financial reports specified by the department of revenue shall be submitted to that department by July 31 each year. The department of revenue shall forward the highway-related cost data from the reports to the department.
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 percent 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 percent 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 percent 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 percent 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:
