Chapter Trans 1

Register April 2011 No. 664

Chapter Trans 1

SPECIALIZED TRANSPORTATION ASSISTANCE PROGRAM FOR COUNTIES

Trans 1.01   Purpose and scope.

Trans 1.015   Definitions.

Trans 1.02   County proportionate share; allocation method.

Trans 1.03   Use of allocated aid.

Trans 1.035   Service priorities.

Trans 1.04   Accessibility.

Trans 1.05   Financial standards.

Trans 1.06   Annual application.

Trans 1.07   Public hearing.

Trans 1.08   Reporting requirements.

Trans 1.09   Third party contracts.

Trans 1.01 Trans 1.01 Purpose and scope. The purposes of this chapter are to establish the department of transportation’s administrative interpretation of s. 85.21, Stats., and to prescribe administrative policies and procedures for implementing the specialized transportation assistance program for counties authorized under s. 85.21, Stats.

Trans 1.01 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, July, 1982, No. 319, eff. 8-1-82.

Trans 1.015 Trans 1.015 Definitions.

Trans 1.015(1) (1) “Allocated aid” means a county’s proportionate share of state financial aid as defined in s. 85.21 (2) (b), Stats.

Trans 1.015(2) (2) “Department” means the state department of transportation.

Trans 1.015(3) (3) “Medical activities” means the procurement of medical or medically prescribed services or products or participation in medical or medically prescribed activities.

Trans 1.015(4) (4) “Nutritional activities” means the consumption, purchase or receipt of food.

Trans 1.015(4m) (4m) “Priority trips” means trips for seniors or individuals with disabilities to medical, nutritional and work-related activities as required in s. 85.21 (4) (a), Stats.

Trans 1.015(5) (5) “Space available” means passenger carrying capacity which is in excess of the capacity necessary to meet the transportation needs of seniors and individuals with disabilities.

Trans 1.015(6) (6) “Work-related activities” means the performance of work, voluntarily or for compensation, in order to produce goods or services.

Trans 1.015 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1), Register, May, 1986, No. 365, eff. 6-1-86; am. (5), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (1), cr. (4m) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (4m), (5) Register July 2023 No. 811, eff. 8-1-23.

Trans 1.02 Trans 1.02 County proportionate share; allocation method.

Trans 1.02(1) (1) In accordance with the statutory direction in s. 85.21 (2) (b), Stats., the department shall determine the amount of each county’s proportionate share of aid appropriated in each year for the operation of this program. The amount of aid available for allocation in any calendar year shall be the amount appropriated for the fiscal year in which that calendar year begins.

Trans 1.02(2) (2) 

Trans 1.02(2)(a) (a) The department shall base its determination of county proportionate shares on the most recent relevant census and statistical data and projections from the U.S. department of commerce, bureau of the census and the Wisconsin department of administration.

Trans 1.02(2)(b) (b) For the purposes of determining a county’s proportionate share, the department shall include all seniors and individuals with disabilities who reside within that county.

Trans 1.02(2)(c) (c) Individuals with disabilities who are age 65 or older shall be counted only once for aid allocation purposes.

Trans 1.02(3) (3) Subject to adjustments that ensure that each county receives not less than 0.5% of the total annual appropriation for the program, the amount of aids allocated to each county shall equal the total amount available for allocation for the calendar year multiplied by the ratio of the number of seniors and individuals with disabilities in the county to the total number of seniors and individuals with disabilities in Wisconsin.

Trans 1.02 Note Note: The final aids allocation figures for each county and the data and statistics used in making the aid allocations are available for inspection at the department upon request.

Trans 1.02 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; emerg. am. (3), eff. 8-17-79; am. (3), Register, December, 1979, No. 288, eff. 1-1-80; am. (3), Register, July, 1981, No. 307, eff. 8-1-81; am. (1), Register, July, 1982, No. 319, eff. 8-1-82; am. (1), Register, May, 1986, No. 365, eff. 6-1-86; am. (2) (b), (c) and (3), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (1), (2) (b) and (3) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (2) (b), (c), (3) Register July 2023 No. 811, eff. 8-1-23.

Trans 1.03 Trans 1.03 Use of allocated aid.

Trans 1.03(1) (1) A county shall use its allocated aid to provide or assist transportation services designed for use by seniors or persons with disabilities. A county may, at its discretion, make these services also available to any other person on a space available basis.

Trans 1.03(2) (2) Subject to the limitations specified in subs. (1) and (3), a county may use its allocated aid and matching contribution required under s. Trans 1.05 (1) to:

Trans 1.03(2)(a) (a) Directly provide transportation service;

Trans 1.03(2)(b) (b) Purchase transportation service from any public or private organization;

Trans 1.03(2)(c) (c) Directly subsidize senior passengers or passengers with disabilities for their use of transportation service;

Trans 1.03(2)(d) (d) Reimburse seniors or individuals with disabilities for use of their personal means of transportation, when prior approval of such transportation has been given by the county based on qualification standards which the county establishes;

Trans 1.03(2)(e) (e) Perform or purchase planning or management studies on transportation;

Trans 1.03(2)(f) (f) Coordinate transportation services;

Trans 1.03(2)(g) (g) Perform or purchase in-service training relating to transportation service; or

Trans 1.03(2)(h) (h) Purchase capital equipment for transportation service.

Trans 1.03(3) (3) A county may not use its allocated aid and matching contribution to:

Trans 1.03(3)(a) (a) Transport goods or freight except as an incidental part of passenger carrying service; or

Trans 1.03(3)(b) (b) Pay expenses for general administration, not specifically related to approved transportation projects, or pay expenses of advisory committees to transportation projects, except where such committees are required by approved planning or management studies.

Trans 1.03(4) (4) Allocated aid shall be used by a county to pay only for eligible expenses. Any aid which is not expended or held in trust shall be refunded to the department by June 30 following the end of the calendar year in which the aid was allocated.

Trans 1.03 History History: Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; emerg. cr. (1) (d), eff. 8-17-79; cr. (1) (d), Register, December, 1979, No. 288, eff. 1-1-80; r. and recr. Register, July, 1982, No. 319, eff. 8-1-82; am. (2) (g) and (h), r. (2) (i), cr. (4), Register, January, 1984, No. 337, eff. 2-1-84; am. (1), (2) (c) and (d), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am (3) (intro.), (b) and (4) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (1), (2) (c), (d) Register July 2023 No. 811, eff. 8-1-23.

Trans 1.035 Trans 1.035 Service priorities.

Trans 1.035(1) (1) 

Trans 1.035(1)(a) (a) Counties may establish the transportation of seniors and individuals with disabilities to medical, nutritional and work-related activities as the priority for the specialized transportation services receiving program aid, as allowed under s. 85.21 (4) (a), Stats. A county may limit the use of its allocated aid to subsidize only those trips which are made for one or more of the purposes specified under s. 85.21 (4) (a), Stats.

Trans 1.035(1)(b) (b) If other than priority trips are to be subsidized with the allocated aid and the amount of trip requests exceed the capacity of subsidized services, then a county may establish service priority according to trip purposes. Priority trips shall have the highest priority in whatever order the county determines.

Trans 1.035(1)(c) (c) A county need not employ techniques to impose service prioritization according to trip purpose if the transportation projects receiving allocated aid have enough capacity to satisfy all of the demand placed on them.

Trans 1.035(3) (3) A county may not discriminate on the basis of age against passengers requesting priority trips. This requirement may be met by each individual project receiving allocated aid or by the combined services of 2 or more projects receiving allocated aid.

Trans 1.035 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1), (2) (intro.) and (b), Register, June, 1988, No. 390, eff. 7-1-88; am. (1), Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: renum. (1), (2) (b) (intro.) and (c) to be (1) (a), (b) and (c) and am., r. (2) (intro.), (a), and (b) 1. to 5., am. (3) Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. (1) (a) Register July 2023 No. 811, eff. 8-1-23.