1995 Wisconsin Act 201

4. The board, in acquiring lands, improvements thereon on lands and interests therein in lands and appurtenant thereto to lands, as provided in this subsection, may acquire the same lands in fee simple or by easement for highway purposes as it may by order determine. In any such acquisition, the board may, and shall when requested by the department of transportation, act in the name of the state as the agent of the department of transportation and in other cases shall act in the name of the county. The board in making the acquisition may proceed under ch. 32.

5. Whenever, prior to before actual expressway project construction, a saving is shown to be probable in the cost of constructing a proposed new municipal or privately owned public utility (which, if presently installed in a public way in a proposed normal manner, would ultimately be interfered with by expressway construction) by initially constructing the municipal or privately owned public utility in other than a normal manner to accommodate future expressway construction, in order to effect savings by avoiding reconstruction and relocating at a later date, the board may contract with the municipal government or utility company involved for the construction of the public utility in such other than normal manner and to pay to it the portion of the cost of the special construction in excess of the cost if constructed in the proposed normal manner. Funds for such purpose may be taken from the land acquisition fund authorized in subd. 2.

6. When the board has acquired title to lands in fee either for the county or the state, the county or a person authorized by the county may use and develop any portion of the lands not directly needed for expressway-roadway purposes and which do not interfere with the primary expressway purpose, and without exclusion limitation because of enumeration the power to may use the subsoil beneath the ground, the ground level area or air space above the ground, for parking, storage or building purposes subject to municipal land use zoning regulations except as to parking, but if the expressway right-of-way area is either on the federal interstate system or on a state trunk highway, the county shall obtain the consent of the department of transportation to the development and use prior to construction or initiation of that use. The state shall receive a share of the rentals or sale price derived from the use in the proportion that the amount of federal or state funds used in the purchase of the site bears to the total cost of the land and improvement which is the subject of the sale or rental. Such sharing shall not be made until the county or the person authorized by the county has been reimbursed for all sums expended by it, in the developments referred to in this paragraph, and such sharing shall terminate when the fair proportion of the federal and state funds allocable to the purchase of the area so developed has been reimbursed. In lieu of sharing in the proportion of the amount of federal or state funds used in the purchase of the site to the total cost of the land and improvement which is the subject of the sale or rental, the state and the county or the person authorized by the county may share the rentals or sale price on the basis of a different formula for such sharing if the department of transportation and the county agree to a different formula.

7. Before the county authorizes any person to use or develop lands under subd. 6., the county shall make a reasonable effort to determine whether any institution of higher education in the vicinity of the lands has demonstrated to the county an interest in the use or development of the lands. The county shall give preference to proposals for the use or development of lands under subd. 6. which are submitted by a an institution of higher education in the vicinity of those lands and which provide for reasonable payment to the county under a lease of or other authority to use or develop those lands.

(e) Contracts. The board may construct and administer projects under its jurisdiction, and may contract in the name of the county with the department of transportation as may be necessary under state and federal statutes to secure state and federal aid on expressway projects.

(f) Vacation, relocation, reconstruction of streets, alleys, etc. 1. Whenever the board determines that it is necessary for the proper construction of an expressway project that streets or alleys be vacated in whole or in part, or be dead-ended at the expressway right-of-way line; that existing streets or alleys be relocated; that new streets or alleys be laid out and opened; that accessory streets or ramps to serve as approaches to the expressway be constructed; that existing streets leading to or off from expressway ramps be designated as one-way streets for such reasonable distance as is necessary for the proper operation of the facility; that the grade of existing streets be changed or that the traveled portion of existing streets be widened and improved so as to facilitate entrance to the expressway, it shall formulate a tentative order evidencing such requirement and file a certified copy thereof with the municipal clerk of each town, city or village municipality affected by the tentative order for consideration thereof by the governing body of the town, city or village municipality.

2. The governing body or the committee which the governing body designates shall hold a public hearing in considering to consider the tentative order and shall publish in the county a class 2 notice, under ch. 985, of such the hearing.

3. If the tentative order is not approved within 90 days from the date of the filing, the board shall present the tentative order to the department of transportation, which shall hold a public hearing thereon on the order, of which hearing the municipality in question shall be given notice. The department of transportation shall have jurisdiction to pass upon the necessity and reasonableness of the proposed tentative order, and it may approve, modify and approve or disapprove the order. The department's decision thereon shall be final, with no review allowed under ch. 227.

4. If the tentative order is approved by the governing body of the municipality affected, or if it is approved or modified and approved by the department of transportation, the board may thereafter issue a final order identical with the original tentative order as modified by the department's decision. A certified copy of the final order shall be filed with the municipal clerk of the town, village or city municipality affected. Notice of the making of the order shall be published in the county as a class 1 notice, under ch. 985.

5. The governing body of the town, village or city municipality shall, within 30 days after filing, take the necessary action to comply with the order and in so doing shall not be limited by the objections of any an abutting owner, and s. 80.32 (4) shall not be applicable to any vacation or discontinuance required by the order, and any such town, village or city municipality may act upon the initiative of its governing body without the necessity of obtaining the consent of any an abutting owners owner, notwithstanding chs. 60, 61, 62 and 66 and s. 80.32 (4) and any other provisions of law to the contrary.

6. If the town, village or city municipality does not comply with the order within a reasonable time, the board may perform the work required by the order with its own forces or by contract and in so doing and for such purpose shall have the same powers and freedom from limitations as are vested by chs. 60, 61, 62 and 66 and this subsection in the governing body of the town, village or city municipality.

7. The plans, specifications, proposed contracts and the appraisal of damages, if any, caused to abutting owners by compliance with the order shall be subject to approval by the board prior to before the commencement of any work under the order but such the requirement for approval of the order shall not affect the abutting property owners' rights of appeal from the determination of damages by the commissioner of public works of the city or by any other authorized person or body.

8. The cost of performing such work as may be required by any order of the board under this subsection, including damages granted for changes of legally established grade or necessary acquisition of lands, shall be paid by the county from expressway funds as an item of the particular expressway project budget upon presentation of vouchers which have been approved for payment by the governing body of the town, village or city municipality and the board. If the payment made by the county has been increased by reason of the town, city or village municipality requesting an expenditure in excess of replacement or termination costs, the town, village or city municipality shall reimburse the county for the excess cost. The reimbursement shall be credited by the county to abatement of the respective expense for which it was received.

(g) Relocation of municipal utilities. 1. The board, subject to approval by the public service commission after public hearing to all interested parties in cases in which the public service commission would have jurisdiction, may by order require any town, village or city municipality through which an expressway project is to be constructed to remove, relocate and replace in kind or with equal facilities, or if the town, village or city municipality shall so request by enlarged facilities, any sewer, street lighting or other like utility service the location of which interferes with construction of an expressway project. If enlarged facilities are requested the town, village or city municipality shall bear that part of the cost of the improvement which exceeds the cost of the replacement of the existing facility in kind or with equal materials or facilities. However the board shall bear the excess cost where the installation of the enlarged facility is caused by designed construction and use of the expressway. A certified copy of the order shall be filed with the municipal clerk of each town, village or city municipality affected and upon the filing each such town, village or city municipality shall within 30 days take the necessary action to comply with the order. All plans, specifications and contracts for any of the work shall be subject to approval by the board. When the work under specific contracts has been completed and approved by the governing body of the town, village or city municipality and the board, the county shall pay for the work from expressway funds as an item of the particular expressway project budget. If the payments made by the county exceed the replacement costs and the additional cost was incurred at the specific request of the town, village or city municipality, the town, village or city municipality shall reimburse the county therefor. The reimbursement shall be credited by the county as an abatement of the respective expenses for which it the reimbursement is received. If deemed considered feasible and desirable by the board any work provided for in this paragraph may be performed by the board or directly by contract. In such cases the town, village or city municipality in which the work is performed shall cooperate with the board.

2. With respect to any water utility of any city, town or village municipality which utility, in addition to providing water for human consumption, performs governmental functions in the way of providing water for fire protection, sewerage operation, street sanitation, park bathing pools and the like, the board shall have the same powers and be subject to the same obligations as are provided in subd. 1. However, water storage tanks, water pumping stations and water reservoirs may be removed, relocated and replaced by the board only with the consent and approval of the city, town or village municipality owning and operating the facilities.

(h) Private occupancy of streets; relocation. 1. All persons other than those mentioned in par. (g) lawfully having buildings, structures, works, conduits, mains, pipes, wires, poles, tracks or any other physical facilities in, over or under the public lands, streets, highways, alleys, parks or parkways of the county, or of any town, village or city municipality therein, which in the opinion of the board in any manner interfere with the construction of any an expressway project or the relocation or maintenance thereof of such a project, shall upon order by the board promptly so accommodate, relocate or remove the same as may be ordered by the board so as to remove such interference interfering physical facilities.

2. Whenever the board proposes to consider adoption of an expressway project, it shall give notice thereof of the proposal to each privately owned public utility or other person affected by the project indicating in the notice the action which it desires the utility or person to take, and the utility or person shall within 90 days after receipt of the notice furnish to the board its plan to comply with the request.

3. When the utility, pursuant to under the board's order, proceeds with the work in a manner satisfactory to the board, the county shall pay the utility from expressways funds upon monthly estimates of work performed and submitted for payment by the utility, two-thirds of the net cost incurred by the utility in performing the work, after deducting reasonable and fair credits for items salvaged, for any betterments made at the option of the company and for the value as carried on the utility's books, of the used life of a facility retired from use if the service life of the new facility will extend beyond the expectancy of the one removed. The county shall not be liable to pay any value whatever for utility facilities where use of the same facilities has been abandoned for reasons other than the construction or proposed construction of an expressway project even though the installation is intact.

4. The board and any utility that is required to accommodate, relocate or remove a utility facility described in subd. 1. may by agreement provide for the respective amounts of the cost to be borne by each so as to resolve any a dispute as to the allowance of charges and credits as set forth in this paragraph. When the agreement has been concluded, the county shall pay out of expressway funds its share of the cost upon monthly estimates of work performed and submitted for payment by the utility.

5. If the board and any privately owned public utility are unable to agree as to the division of the costs, either may appeal to the public service commission, which body shall determine the proper amounts of reimbursement according to the provisions expressed in this paragraph. Either party may have a petition the circuit court for review of the public service commission's decision in the manner provided in ch. 227 s. 227.53. If it is determined upon such review that the county has paid more than two-thirds of the net cost of compliance by a utility with the board's order, any overage shall be reimbursed to the county by the utility.

6. No appeal shall delay the construction of the expressway project or compliance by the privately owned public utilities with the orders of the board. Compliance shall not prejudice the rights of either the board or the utilities in any pending appeal.

7. If any a person refuses to comply with an order of the board as promulgated under this paragraph, the board may have a writ of assistance from apply to the circuit court for a writ of assistance to compel compliance, and the person shall be liable for all damages caused to the board by the delay.

8. If a railroad track crosses or is crossed by and an expressway project cross, ss. 195.28 to 195.29 shall apply.

9. The reimbursement to of private utilities provided in under this paragraph shall be limited to expressway projects as provided in this section.

(i) Entry on private lands. The board, its agents or servants, may enter upon any land in the county for the purpose of making surveys, test borings or any other type of examination necessary in the performance of its duties and shall be liable to restore the surface of said the lands to the same or as good condition as existed at the time of such the entry and for any other actual and demonstrable damage caused to said the lands by such the entry.

(j) Traffic types and speed limits. After an expressway project has been certified as completed, the public body having jurisdiction over the maintenance thereof shall have the power to regulate the type of vehicular use of such portion of the expressway except as limited by federal and state laws and regulations, and the power to fix speed limits thereon not in excess of the maximum speed limits for state trunk highways, and to provide and enforce reasonable penalties for infraction of such vehicular use regulation or speed limits. Notwithstanding s. 346.16 (2), the use of the expressways by pedestrians, mopeds, motor bicycles, motor scooters, bicycles, funeral processions, animals on foot and the hauling of oversized equipment without special permit shall be prohibited when an ordinance in conformity herewith is adopted with this section is enacted by the county board, but any a forfeiture provided therein shall not exceed the maximum forfeiture under s. 346.17 (2). The county board may not prohibit the towing of disabled vehicles on expressways, except that the board may prohibit the towing of disabled vehicles during the peak hours of 7 a.m. to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county ordinance and except that the board may establish procedures for and may contract for the towing of vehicles which have become disabled on the expressway.

(k) Building permits on lands in expressway routes. Each town, village or city municipality through which a route of the approved expressway plan, as amended from time to time, shall pass, shall be given a formal notice of the route and a map thereof. Thereafter, when an owner of land within the right-of-way of an expressway indicated on the map applies for a building permit affecting such lands, final action on the application shall be deferred for a reasonable time not exceeding 60 days and the municipality shall within 5 days after receipt of the application notify the board thereof.

(L) Forces to construct expressway projects. The board may use its own forces employes to construct expressway projects in whole or in part or may use county highway forces for such purposes.

(m) Rules and regulations. The board shall have power to make all rules and regulations concerning its work.

(n) Meetings; reports. The board shall hold meetings for the transaction of business under this section and all such meetings shall be open to the public. The board shall prepare annually a report of its official transactions and expenditures under this section and shall mail the statement to the governor, to the mayor of the largest city in the county and to the chief executive head officer of the governing boards bodies of all cities, towns and villages municipalities in the county.

(o) Applicability of pars. (a) to (n). Paragraphs (a) to (n) also apply insofar, as far as applicable, to the exercise of the powers and duties of the board in the planning and construction of mass transit facilities.

(4) Transfer of prior expressway studies and reports. The county expressway and transportation commission that is created under s. 59.965 (2), 1977 stats., and the governmental authorities of the largest city in the county shall transfer and deliver to the board the original or certified copy of all maps and engineering studies and reports pertaining to an expressways system in the city and county, together with all contracts pertaining to the creation and construction of expressways. Upon demand by the board the largest city in the county with the approval of the common council shall execute and deliver to the county quitclaim deeds of all lands acquired or, dedicated or owned by the city and needed for the purpose of right-of-way for the expressways, if the cost thereof of the lands was included in the determination of prior expressway expenditures.

(6) Reimbursement for prior expressway financing. Municipalities shall be reimbursed for prior expressway project expenditures. Any expressway Expressway projects under construction at the time the county expressway and transportation commission was created and the transfer of functions to the commission was effectuated under s. 59.965, 1977 stats., shall be completed by the board. Such municipalities shall be reimbursed for prior expressway expenditures and obligation obligations incurred for the cost of right-of-way acquisition and clearance, construction engineering, and actual construction to the extent of the municipalities' contribution from tax levy or bond funds. Each such municipality shall calculate its contribution and certify the contribution with full data to the board. It shall then be subject to consideration, audit and approval by the board. If approved by the board, reimbursement shall be made on a 10-year instalment basis by levying a tax against all the municipalities of the county on an equalized valuation basis, and offsetting the amount thereof to the municipalities entitled to reimbursement.

(7) Agreements for use of federal aid to retire maturities. The department of transportation and any county having a population of 500,000 or more the board may enter into an agreement providing that when the proceeds of bonds issued by the county are expended in the improvement of a portion of the federal aid highway system as a part of the comprehensive expressway system in the county, and are so expended under ch. 84, and in compliance with section 5 of the federal aid highway act of 1950, or acts amendatory of or supplementary to such section, and regulations applicable thereto, the sum of money derived from federal aid for highways which may be authorized by the congress and apportioned to this state for any fiscal year as shall be stipulated in the agreement may be applied to aid in retirement of annual maturities of the principal indebtedness of such bonds, and that to the extent that federal aid can be claimed and received by the state for such purpose, it will upon receipt be paid to the county. Any money so paid shall be deposited by the county in the sinking fund provided for the retirement of the bond issue of which the bonds formed a part.

(8) Agreements for state aid to retire maturities. The department of transportation may enter into a contract with a county containing a population of 500,000 or more the board providing that, to the extent that the proceeds of bonds issued by the county are expended under ch. 84 in the improvement of state trunk highways or connecting highways, in addition to the agreed county share of the improvement and for which the county has not been or will not be reimbursed with federal funds, such sum as may be approved by the department of transportation in any fiscal year will be paid to the county to aid in retirement of the annual maturities of the principal indebtedness of the bonds from funds appropriated and available to the department of transportation for the improvement of state trunk highways or connecting highways. Payments may be made pursuant to under the agreement, before or after the bonds mature, from funds appropriated and available to the department of transportation for the improvement of state trunk highways or connecting highways after making provision for adequate maintenance and traffic service, but this section or the agreement shall not constitute a commitment on the part of this state or the county to provide the funds. Any money so paid shall be deposited by the county in its sinking fund created for the purpose of payment of the bond issue of which the bonds formed a part.

(9) Staff. (a) Other departments and officers. The staff of the county highway department, under the direction of the county highway commissioner, shall perform all technical work required by the board. Any municipality having an expressway staff shall, upon request of the county board, transfer the staff to the county, and the agents and employes of the municipal staff shall thereupon become integrated into county civil service in the county highway department. The county board may hire upon a contract basis such expert consultant services as it deems considers necessary to assist in the planning of the expressway system.

(b) Records and equipment. The board shall provide a suitable place where the maps, plans, documents, and records of the board under that relate to this section shall be kept, subject to public inspection at all reasonable hours and under such reasonable regulations as that the board may prescribe.

(10) Maintenance and operation. (a) Maintenance and operation. Whenever any expressway project is opened to traffic, the certification of such fact shall be filed with the clerk of the municipality in which the project is located. The notice shall be filed by the department of transportation in all cases where the construction contract has been awarded by the department of transportation, or by the board where the construction contract has been awarded by the board. Thereafter the portion of the expressway system included in such opening shall be operated and maintained by the county, but if any an expressway project is selected and designated as a state trunk or interstate highway that portion of the expressway shall be maintained by the state. The maintenance responsibility of the county or state shall include all areas within the right-of-way fence lines and between the right-of-way fence lines and the curb lines of adjacent streets, except that connecting ramps constructed as a part of the expressway system shall be included in such maintenance to the near curb lines of the street with which they connect. All areas not specifically included within these described limits shall be maintained by the municipality in which the expressway is located, except that the state or county shall maintain the structural parts of bridges carrying local traffic over the expressway, including generally the footings, piers, columns, abutments and structural girders.

(b) Policing of expressways. Expressways shall be policed by the sheriff who may, when necessary, request and shall receive cooperation and assistance from the police departments of each municipality in which expressways are located, but nothing contained herein in this paragraph shall be construed to deprive such police departments of the power of exercising law enforcement on such expressways within their respective jurisdictions.

(11) Designated standing committee. The board may designate a standing committee to perform all of the duties and to exercise all of the powers of the board under this section, except those powers and duties in sub. (2) (a) and (b). All actions of the standing committee under this section may be modified and shall be approved or disapproved by the board.

201,465 Section 465 . 59.966 of the statutes is renumbered 59.58 (6), and 59.58 (6) (a) (intro.) and 2., (b) 1. and 3., (c), (e) (intro.) and 5. (intro.) and (f), as renumbered, are amended to read:

59.58 (6) (a) (intro.) In this section subsection:

2. “Region" means the geographic region area composed of the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha.

(b) 1. Except as provided in sub. (6) par. (f), 7 members nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms, with each member designated to represent one of the counties in the region.

3. Three other members who are nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms.

(c) The authority shall be responsible for the coordination of highway and transit programs in the region and for other responsibilities as specified for the authority by the legislature.

(e) (intro.) By November 15, 1992, the authority shall submit to the governor and to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the activities of the authority. The report shall include all of the following:

5. (intro.) A proposal that specifically identifies a permanent regional funding source to provide local funds for highway improvements in the region that have a demonstrably regional impact, and for the local portion of operating and capital costs of public transit that are not covered by passenger fares. In making its proposal, the authority shall consider at least the following funding sources:

(f) After June 30, 1993, any county board in the region may, by resolution, withdraw from the authority. In the event of such withdrawal, the county shall not be represented by a member under sub. (2) (a) par. (b) 1. This subsection paragraph does not apply after December 31, 1993.

201,466 Section 466 . 59.967 (title), (1), (2) and (3) (intro.) of the statutes are renumbered 59.58 (2) (title), (a), (b) and (c) (intro.) and amended to read:

59.58 (2) County transit commission. (a) Any A county in this state may enact an ordinance for the establishment, maintenance and operation of establish, maintain and operate a comprehensive unified local transportation system, the major portion of which is or is to be located within or the major portion of the service of which is or is to be supplied to the inhabitants of such county, and which system is used or is to be used chiefly for the transportation of persons and freight.

(b) The transit commission shall be designated “Transit Commission" preceded by the name of the enacting establishing county.

(c) (intro.) In this section subsection:

201,467 Section 467. 59.967 (3) (a) of the statutes is renumbered 59.58 (2) (c) 2. and amended to read:

59.58 (2) (c) 2. “Comprehensive unified local transportation system" means a transportation system that is comprised of motor bus lines and any other local public transportation facilities, the major portions of which are within the county.

201,468 Section 468 . 59.967 (3) (b) of the statutes is renumbered 59.58 (2) (c) 1. and amended to read:

59.58 (2) (c) 1. “Transit commission" or “commission" “Commission" means the local transit commission created hereunder.

201,469 Section 469 . 59.967 (4) of the statutes is renumbered 59.58 (2) (d) and amended to read:

59.58 (2) (d) The transit commission shall consist of not less than 7 members to be appointed by the county board, one of whom shall be designated chairperson, except that in any a county having a county executive, the executive shall make the appointments.

201,470 Section 470 . 59.967 (5) (a) and (c) of the statutes are renumbered 59.58 (2) (e) 1. and 2. and amended to read:

59.58 (2) (e) 1. The first members of the transit commission shall be appointed for staggered 3-year terms. The term of office of each member thereafter appointed shall be 3 years.

2. No person holding stocks or bonds in any a corporation subject to the jurisdiction of the transit commission, or who is in any other manner directly or indirectly pecuniarily interested in any such corporation, shall be a member of the, nor be employed by, the transit commission.

201,471 Section 471 . 59.967 (6) to (12) of the statutes are renumbered 59.58 (2) (f) to (L) and amended to read:

59.58 (2) (f) The transit commission may appoint a secretary and employ such accountants, engineers, experts, inspectors, clerks and other employes and fix their compensation, and purchase such furniture, stationery and other supplies and materials, as are reasonably necessary to enable it properly to perform its duties and exercise its powers.

(g) 1. The transit commission may adopt rules relative to the calling, holding and conduct of its meetings, the transaction of its business, the regulation and control of its agents and employes, the filing of complaints and petitions and the service of notices thereof and conduct hearings.

2. For the purpose of receiving, considering and acting upon any complaints or applications which may be presented to it or for the purpose of conducting investigations or hearings on its own motion the transit commission shall hold regular meetings at least once a week except in the months of July and August in each year and special meetings on the call of the chairperson or at the request of the county board.

3. The transit commission may adopt a seal, of which judicial notice shall be taken in all courts of this state. Any process, writ, notice or other instrument which the commission may be authorized by law to issue shall be deemed considered sufficient if signed by the secretary of the commission and authenticated by such seal. All acts, orders, decisions, rules and records of the commission, and all reports, schedules and documents filed with the commission may be proved in any court in this state by a copy thereof certified by the secretary under the seal of the commission.

(h) The jurisdiction, powers and duties of the transit commission shall extend to the comprehensive unified local transportation system for which the commission is established including any portion of such system extending into adjacent or suburban territory within this state lying outside of the county not more than 30 miles from the nearest point marking the corporate limits of the county.

(i) Initial The initial acquisition of the properties for the establishment of, and to comprise, the comprehensive unified local transportation system shall be subject to s. 66.065 or ch. 197.

(j) 1. Any county may by contract under s. 66.30 establish a joint municipal transit commission, in cooperation with any county, city, village, town municipality, county or federally recognized Indian tribe or band.

2. Notwithstanding any other provision of this section subsection, no joint municipal transit commission under par. (a) subd. 1. may provide service outside the corporate limits of the parties to the contract under s. 66.30 which establish the joint municipal transit commission unless the joint municipal transit commission receives financial support for the service pursuant to under a contract with a public or private organization for such the service. This paragraph subdivision does not apply to service provided by a joint municipal transit commission outside the corporate limits of the parties to the contract under s. 66.30 which establish the joint municipal transit commission if the joint municipal transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such the service.

(k) 1. In lieu of providing transportation services, a county may contract with a private organization for such the services.

2. Notwithstanding any other provision of this section subsection, no county may contract with a private organization to provide service outside the corporate limits of such the county unless the county receives financial support for the service pursuant to under a contract with a public or other private organization for such the service. This paragraph subdivision does not apply to service provided under par. (a) subd. 1. outside the corporate limits of a county if a private organization is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and the county elects to continue such the service.

(L) Notwithstanding any other provision of this section subsection, no transit commission may provide service outside the corporate limits of the county which establishes the transit commission unless the transit commission receives financial support for the service pursuant to under a contract with a public or private organization for such the service. This subsection paragraph does not apply to service provided by a transit commission outside the corporate limits of the county which establishes the transit commission if the transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue such the service.

201,472 Section 472 . 59.968 (intro.) and (1) to (7) of the statutes are renumbered 59.58 (3) (intro.) and (a) to (g), and 59.58 (3) (intro.), (a) to (c), (d) (intro.), 2. and 3., (e), (f) and (g) 1. to 4., as renumbered, are amended to read:

59.58 (3) Public transit in counties. (intro.) Any county A board may:

(a) Purchase and lease buses to private transit companies operating that operate within and outside the county.

(b) Apply for federal aids for to purchase of such buses or other facilities deemed considered essential for operation.

(c) Make grants and provide subsidies to private transit companies operating that operate bus lines principally within the county to stabilize, preserve or enhance levels of transit service to the public.

(d) (intro.) Acquire a transportation system by purchase, condemnation under s. 32.05 or otherwise and provide funds for the operation and maintenance of such a system. “Transportation system" means all land, shops, structures, equipment, property, franchises and rights of whatever nature required for transportation of passengers or freight within the county, or between counties, including, without limitation and includes, but is not limited to, elevated railroads, subways, underground railroads, motor vehicles, motor buses and any combination thereof, and any other form of mass transportation. Such acquisition and operation between counties shall be subject to ch. 194 and whenever the proposed operations between such counties would be competitive with the urban or suburban operations of another existing common carrier of passengers or freight, the county shall coordinate proposed operations with such carrier to eliminate adverse financial impact for such carrier. This coordination may include, but is not limited to, route overlapping, transfers, transfer points, schedule coordination, joint use of facilities, lease of route service and acquisition of route and corollary equipment. If such coordination does not result in mutual agreement, the proposals shall be submitted to the department of transportation for arbitration. The following forms of transportation are excepted from the definition of “transportation system":

2. School bus transportation businesses or systems that are engaged primarily in the transportation of children to or from school, and which are subject to the regulatory jurisdiction of the department of transportation and the department of education.

3. Charter or contract operations to, from or between points that are outside the county or contiguous or cornering counties.

(e) Acquire all of the capital stock of a corporation owning and operating that owns and operates a transportation system.

(f) Use any a public road or, street or highway for the transportation of passengers for hire without obtaining a permit or license from any city, village or town a municipality for the operation of a transportation system within such municipality but such use shall be subject to approval by the department of transportation.

(g) 1. Operate and maintain it or lease it to any an operator or contract for its use by any an operator.

2. Contract for superintendence of the system with any an organization which has personnel with the experience and skill necessary.

3. Delegate responsibility for the operation and maintenance of the system to any an appropriate administrative officer, board or commission of the county notwithstanding s. 59.965 59.83 or any other statute.

4. Maintain and improve a railroad right-of-way and improvements thereon on the right-of-way for future use.

201,473 Section 473 . 59.968 (7m), (8) and (9) of the statutes are renumbered 59.58 (3) (h), (i) and (j) and amended to read: