Chapter Trans 1

Trans 1.05(5) (5) Voluntary contribution policies as provided under s. 85.21 (4) (c), Stats., shall conform to the following:

Trans 1.05(5)(a) (a) A voluntary contribution policy making user contributions optional and allowing each user to establish the amount of the voluntary contribution shall be permitted.

Trans 1.05(5)(b) (b) If a county provides users an opportunity to make a voluntary contribution, the county shall:

Trans 1.05(5)(b)1. 1. Recommend a contribution amount;

Trans 1.05(5)(b)2. 2. Appropriately notify all users of the recommended contribution amount; and

Trans 1.05(5)(b)3. 3. Establish a method for collecting voluntary contributions from users.

Trans 1.05(6) (6) A county may establish a combination of copayment and voluntary contribution policies under this chapter that are applicable either among its different transportation systems or within one transportation system.

Trans 1.05 Note Note: A county shall use appropriate methods to notify all users about the user fees established under sub. (4) (a) and to notify all users about the recommended contribution established under sub. (5) (b) 1. Appropriate notice methods may be posting written notices within vehicles, printing notices upon collection instruments or providing all individual users a written notice prior to each trip.

Trans 1.05(7) (7) A county shall reimburse the department for its share of the value of equipment purchased under this chapter which is sold or removed from specialized transportation service unless the sales proceeds are spent for specialized transportation projects approved by the department.

Trans 1.05(8) (8) A county shall have in place a competitive, public procurement process for the purchase of specialized transportation services or equipment with aids allocated under this chapter. All requests for bids or proposals from transportation providers interested in providing the specialized transportation services to be purchased shall be by published, public notice. Request for bids or proposals shall be made for all procurement of specialized transportation goods or services subject to competitive, public procurement under this chapter. A county’s procurement process shall include a procedure for resolving complaints and conflicts. A county’s decision to reject a proposal may be appealed to the department, but the appeal shall be limited to procedural complaints and the department may not review the substance of a county’s decision.

Trans 1.05 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1), r. and recr. (2), cr. (5), Register, January, 1984, No. 337, eff. 2-1-84; r. and recr. (4), renum. (5) to be (7), cr. (5) and (6), Register, May, 1986, No. 365, eff. 6-1-86; am. (7), cr. (8), Register, June, 1988, No. 390, eff. 7-1-88; correction in (4) (d) made under s. 13.93 (2m) (b) 12., Stats., Register, December, 1993, No. 456; CR 04-034: am (2) (b), (e) and (f), (3), (7) and (8), r. (2) (g) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (3) Register July 2023 No. 811, eff. 8-1-23.

Trans 1.06 Trans 1.06 Annual application.

Trans 1.06(1) (1) Any county may apply to the department for its allocation of the aids appropriated for the program. Two or more counties may jointly prepare a single project proposal, but each county is required to submit its own application. Except as otherwise provided in this chapter, the department shall encumber the funds allocated to a county upon approval of the county’s application by the department and the execution of a contract between the department and the county. The contract shall provide for a schedule of disbursement of state aids so encumbered.

Trans 1.06(2) (2) Applications for grants of allocated aids shall be submitted to the department no later than December 31 of the year immediately preceding the project year. No application received after January 1 of the project year shall be funded unless the secretary of the department determines that a later date is appropriate.

Trans 1.06(3) (3) Applications shall be made in a form and manner prescribed by the department and signed by the county board chair, county executive or county administrator, or the county position authorized in writing each year by this person. Applications shall include, but not be limited to, a project description, a project budget, a plan for allocated aid held in trust, and such other relevant information as the department may require to effectively evaluate the proposal. In addition, the application shall include formal comments on the proposed project(s) by appropriate county agencies such as committees or commissions on aging and boards created under ss. 51.42 and 51.437, Stats.

Trans 1.06(5) (5) A county shall submit the original of its application to the department.

Trans 1.06(6) (6) A county applicant shall submit a copy of its application for review and comment to the appropriate regional planning commission, area agency on aging and department of health services’ regional office. In order to be considered by the department, comments by such agencies must be submitted to the department by February 1 of the grant year.

Trans 1.06 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; am. (2) and (3), Register, July, 1981, No. 307, eff. 8-1-71; am. (3) and (4), Register, January, 1984, No. 337, eff. 2-1-84; am. (1), Register, June, 1988, No. 390, eff. 7-1-88; CR 04-034: am (2) (3), (5) and (6), r. (4) Register September 2004 No. 585, eff. 10-1-04; correction in (6) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675.

Trans 1.07 Trans 1.07 Public hearing.

Trans 1.07(1) (1) A county applicant is required to conduct a public hearing so that interested persons in the county may be informed of the proposed project and have an opportunity to express their views before the application is submitted to the department. The applicant shall include in its application a brief description of the hearing and a summary of the views expressed at the hearing. Any written statements presented for the public hearing record shall be submitted to the department along with other documentation concerning the hearing. The public hearing shall be held not less than 14 days prior to the date on which a county submits its application.

Trans 1.07(2) (2) The applicant shall publish notice of the public hearing not less than 10 days prior to the hearing. A preliminary draft of the application shall be available for public inspection not less than 10 days prior to the hearing. The published notice shall indicate where the draft application is available for public inspection. At a minimum, the public hearing notice shall be published in the official county newspaper, or if there is no official county newspaper, then in a newspaper likely to give notice in the area or to the persons affected in accordance with s. 985.02 (1), Stats. A county applicant shall make appropriate efforts to encourage residents to attend the public hearing.

Trans 1.07 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; am. (1), Register, January, 1984, No. 337, eff. 2-1-84.

Trans 1.08 Trans 1.08 Reporting requirements.

Trans 1.08(1) (1) All counties shall maintain records as required by the department. The following information shall be furnished semi-annually by each county to the department on forms provided by the department:

Trans 1.08(1)(a) (a) Total number of one-way passenger trips per reporting period by passenger type for each project;

Trans 1.08(1)(b) (b) Total number of one-way passenger trips per reporting period by trip purpose for each project;

Trans 1.08(1)(c) (c) Total number of service hours per reporting period for each project;

Trans 1.08(1)(d) (d) Total number of service miles per reporting period for each project.

Trans 1.08(2) (2) The following information shall be furnished annually by each county to the department on forms provided by the department:

Trans 1.08(2)(a) (a) A financial report indicating the total annual cost of transportation for each project and the sources and amounts of revenue which offset the annual cost of transportation for each project.

Trans 1.08(2)(b) (b) A statement of the amount of allocated aid expended or encumbered and the amount of allocated aid to be returned to the department and a certification that all allocated aid together with the county’s matching share have been used in accordance with the terms of this chapter and s. 85.21, Stats.

Trans 1.08(2)(c) (c) A report on a trust fund permitted under s. Trans 1.05 (2) which shows the opening balance, additions, deductions and end of year balance.

Trans 1.08(3) (3) The department may withhold the distribution of all or part of a county’s allocation under this chapter if the county fails to furnish timely and satisfactorily the information required under this section. The information to be furnished by counties under sub. (1) shall be submitted to the department by August 15 of the project year and by March 1 of the calendar year following the end of the project year. The information to be furnished by counties under sub. (2) shall be submitted to the department by March 31 of the calendar year following the end of the project year. If a due date for submitting information to the department under sub. (1) or (2) falls on a Saturday, Sunday or holiday, that due date shall be the first business day following the Saturday, Sunday or holiday.

Trans 1.08 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; cr. (2) (c), Register, January, 1984, No. 337, eff. 2-1-84; am. (1) (intro.) and (2) (intro.), renum. (1) (c) to be (1) (e), cr. (1) (c) and (d) and (3), Register, June, 1988, No. 390, eff. 7-1-88; CR 04-034: am (1) (a) to (d), (2) (a) and (3), r. (1) (e) Register September 2004 No. 585, eff. 10-1-04.

Trans 1.09 Trans 1.09 Third party contracts.

Trans 1.09(1) (1) A county may not use aids allocated under this chapter to purchase service from, nor make grants to third parties without a contract, agreement, purchase of service order or other legal equivalent. Grants or purchases of services costing $100 or less per occurrence and expense reimbursement arrangements for volunteers are exempt from this requirement. Third-party contracts shall be available for inspection by the department upon request.

Trans 1.09(2) (2) No third-party contract for transportation services purchased by a county with allocated aids may include a prohibition against further subcontracting for the provision of the services unless the contract is awarded through a competitive, public procurement process established in full accordance with s. Trans 1.05 (8) or the total amount of the contract is $500 or less.

Trans 1.09(3) (3) A third party contract for transportation services purchased by a county with allocated aids shall, at least once every 5 years, be subject to and awarded through a competitive, public procurement process established in full accordance with s. Trans 1.05 (8) when the total amount of the contract is $10,000 or more.

Trans 1.09 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1), cr. (2) and (3), Register, June, 1988, No. 390, eff. 7-1-88; am. (3), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (2) and (3) Register September 2004 No. 585, eff. 10-1-04.