Pothole city

Local road help continues to fall under state budget proposal

Also on this page: Doyle veto protects motorists, pedestrians Drivers, pedestrians put at risk under Assembly bill

May 29, 2007 -- The state would continue to cut its commitment to helping cities and counties pay for fixing and maintaining local roads, under a budget proposal to be considered this week by the Joint Finance Committee.

Gov. Doyle proposed a 2% annual increase in local aids, far less than road maintenance and construction costs have increased. In contrast, he proposed 2.5% annual inflationary increases, plus an additional $21.5 million boost each year of the 2007-09 biennium, to pay for state highway maintenance, according to the Legislative Fiscal Bureau.

The state has been backing off its local road commitment for several years.

"The share of transportation costs covered by state funds has declined from 28.2% for counties and 22.5% for municipalities in 1998 to 22.5% for counties and 18.3% for municipalities in 2007," according to the Fiscal Bureau report.

The share of local road costs covered by state aid has declined for years

Year	Share of county costs	Share of muni costs
2003	25.8%	20.5%
2004	24.6	19.5
2005	23.2	18.7
2006	22.9	18.6
2007	22.5	18.3

Source: Legislative Fiscal Bureau

While 38.5% of transportation fund revenues were devoted to local road aids in 2005-06, Doyle's proposed budget would reduce that share to 35.4% in 2007-08 and 34.6% in 2008-09, according to the Legislative Fiscal Bureau.

The declining state investment in local transportation costs means they must be paid instead by local property taxpayers.

1000 Friends of Wisconsin estimated recently that Milwaukee County residents pay $180 million annually in property taxes for roadwork that is eligible for state funding. Local residents must pay the tab, however, because the state does not provide enough money to cover eligible costs.

The road aid budget proposal will be considered Thursday.

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Doyle veto protects motorists, pedestrians

May 1, 2006 -- Gov. Doyle has vetoed a bill that would have left motorists and pedestrians totally out of luck if they were injured or their vehicles were damaged because of negligent road maintenance by local governments.

The bill would have granted immunity to local governments in claims arising from cases in which they negligently or knowingly did not make needed highway repairs.

The bill was pushed by the Wisconsin Counties Association.

"I believe that in the few instances where individuals incur damages due to a lack of timely road repairs, citizens should not be prevented from receiving reimbursement from local governments," Doyle said in his veto message. "Additionally, the existing $50,000 statutory cap provides a reasonable limit on these damages if they occur. I would note that Wisconsin appellate courts have only applied this statute and its predecessor in 175 cases since 1884."

"All levels of government are facing budget challenges and tough funding questions, but Wisconsin drivers should be assured that roads will be kept in good repair and that local governments will be responsible for damages when they fail to make repairs on a timely basis," Doyle said.

The counties association called the veto "unfortunate, ill-advised and contradictory."

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Drivers, pedestrians put at risk under Assembly bill
Munis would get free pass for not repairing streets

Nov. 1, 2005 -- Local governments would not face any liability for injuries or property damage caused by their negligence in making street repairs, under a bill endorsed by the Assembly on a party line vote.

The Assembly adopted the measure on a 61-36 vote. State Rep. David Cullen (D-Milwaukee), who represents Story Hill on the Assembly, voted with his fellow Dems.

This poor fellow tripped in a pothole on a poorly-maintained county road as he was walking to pay the property taxes his county representatives then used to lobby for a bill exempting the county from liability for its poor highway repair work.

State law currently makes local governments liable for up to $50,000 in damages for injuries or harm to property due to an poor repair of roads, sidewalks or bridges.

(The city of Milwaukee generally approves payment for such claims only if the city had prior notice of the problem and did not fix it.)

The bill would eliminate the liability, making it much less risky for cash-strapped municipal and county officials to ignore citizen requests to fill potholes or repair cracked and dangerous sidewalks.

The Wisconsin Counties Association, though, praised the Assembly's adoption of the bill.

“Potholes and similar road wear can develop with little warning, as weather conditions in this state are often unpredictable,” said WCA Legislative Director Craig M. Thompson.

The bill, he said, allows local governments "avoid the potential of allocating property tax dollars to pay for defending lawsuits and instead focus these funds on the repair of our highways.”