Register April 2011 No. 664
Chapter Trans 1
SPECIALIZED TRANSPORTATION ASSISTANCE PROGRAM FOR COUNTIES
Trans 1.01 Purpose and scope. 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 1.01Trans 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 HistoryHistory: Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, July, 1982, No. 319, eff. 8-1-82. 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 HistoryHistory: 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 1.02Trans 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)(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 NoteNote: 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 HistoryHistory: 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(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)(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)(g)(g) Perform or purchase in-service training relating to transportation service; or 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 HistoryHistory: 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(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 HistoryHistory: 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. Trans 1.04Trans 1.04 Accessibility. A county application for aids shall address the issue of the need for transportation services that are accessible to the population of individuals with developmental and physical disabilities of that county. A county shall describe its efforts to make accessible transportation available to all seniors and individuals with disabilities or prove that accessible transportation services are currently available. Trans 1.04 HistoryHistory: Cr. Register, January, 1978, No. 265, eff. 2-1-78; am. Register, November, 1978, No. 275, eff. 12-1-78; am. Register, December, 1993, No. 456, eff. 1-1-94; CR 04-034: am Register September 2004 No. 585, eff. 10-1-04; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23. Trans 1.05(1)(1) A county applying for its allocated aid shall make a matching cash contribution equal to 20% of the aid for which it applies. No in-kind services, no federal or state categorical financial aids and no passenger revenue shall be allowed as part of the matching contribution. The matching contribution shall be an auditable item in the county’s system of accounts. The matching contribution shall be expended in an amount equal to 20% multiplied by the sum of the county’s annual aid. Trans 1.05(2)(2) A county may retain and hold in trust all or part of the allocated aid which it receives in 1983 and subsequent years for the purchase or maintenance of transportation equipment according to the following rules:
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