SB639,274,158
3. If the tentative order is not approved within 90 days from the date of the
9filing, the board shall present the tentative order to the department of
10transportation, which shall hold a public hearing
thereon on the order, of which
11hearing the municipality in question shall be given notice. The department of
12transportation shall have jurisdiction to pass upon the necessity and reasonableness
13of the proposed tentative order, and it may approve, modify and approve or
14disapprove the order. The department's decision
thereon shall be final, with no
15review allowed under ch. 227.
SB639,274,2216
4. If the tentative order is approved by the governing body of the municipality
17affected, or if it is approved or modified and approved by the department of
18transportation, the board may thereafter issue a final order identical with the
19original tentative order as modified by the department's decision. A certified copy
20of the final order shall be filed with the
municipal clerk of the
town, village or city 21municipality affected. Notice of the making of the order shall be published in the
22county as a class 1 notice, under ch. 985.
SB639,275,523
5. The governing body of the
town, village or city
municipality shall, within 30
24days after filing, take the necessary action to comply with the order and in so doing
25shall not be limited by the objections of
any an abutting owner, and s. 80.32 (4) shall
1not be applicable to any vacation or discontinuance required by the order
, and any
2such
town, village or city municipality may act upon the initiative of its governing
3body without the necessity of obtaining the consent of
any an abutting
owners owner,
4notwithstanding chs. 60, 61, 62 and 66 and s. 80.32 (4) and any other provisions of
5law to the contrary.
SB639,275,106
6. If the
town, village or city municipality does not comply with the order within
7a reasonable time, the board may perform the work required by the order with its
8own forces or by contract and in so doing and for such purpose shall have the same
9powers and freedom from limitations as are vested by chs. 60, 61, 62 and 66 and this
10subsection in the governing body of the
town, village or city municipality.
SB639,275,1611
7. The plans, specifications, proposed contracts and the appraisal of damages,
12if any, caused to abutting owners by compliance with the order shall be subject to
13approval by the board
prior to before the commencement of any work under the order
14but
such the requirement for approval of the order shall not affect the abutting
15property owners' rights of appeal from the determination of damages by the
16commissioner of public works of the city or by any other authorized person or body.
SB639,276,217
8. The cost of performing such work as may be required by any order of the
18board under this subsection, including damages granted for changes of legally
19established grade or necessary acquisition of lands, shall be paid by the county from
20expressway funds as an item of the particular expressway project budget upon
21presentation of vouchers which have been approved for payment by the governing
22body of the
town, village or city municipality and the board. If the payment made
23by the county has been increased by reason of the
town, city or village municipality 24requesting an expenditure in excess of replacement or termination costs, the
town,
25village or city municipality shall reimburse the county for the excess cost. The
1reimbursement shall be credited by the county to abatement of the respective
2expense for which it was received.
SB639,277,53
(g)
Relocation of municipal utilities. 1. The board, subject to approval by the
4public service commission after public hearing to all interested parties in cases in
5which the public service commission would have jurisdiction, may by order require
6any
town, village or city municipality through which an expressway project is to be
7constructed to remove, relocate and replace in kind or with equal facilities, or if the
8town, village or city municipality shall
so request
by enlarged facilities, any sewer,
9street lighting or other like utility service the location of which interferes with
10construction of an expressway project. If enlarged facilities are requested the
town,
11village or city municipality shall bear that part of the cost of the improvement which
12exceeds the cost of the replacement of the existing facility in kind or with equal
13materials or facilities. However the board shall bear the excess cost where the
14installation of the enlarged facility is caused by designed construction and use of the
15expressway. A certified copy of the order shall be filed with the
municipal clerk of
16each
town, village or city municipality affected and upon the filing each
such town,
17village or city municipality shall within 30 days take the necessary action to comply
18with the order. All plans, specifications and contracts for any of the work shall be
19subject to approval by the board. When the work under specific contracts has been
20completed and approved by the governing body of the
town, village or city 21municipality and the board, the county shall pay for the work from expressway funds
22as an item of the particular expressway project budget. If the payments made by the
23county exceed the replacement costs and the additional cost was incurred at the
24specific request of the
town, village or city municipality, the
town, village or city 25municipality shall reimburse the county therefor. The reimbursement shall be
1credited by the county as an abatement of the
respective expenses for which
it the
2reimbursement is received. If
deemed considered feasible and desirable by the board
3any work provided for in this paragraph may be performed by the board or directly
4by contract. In such cases the
town, village or city
municipality in which the work
5is performed shall cooperate with the board.
SB639,277,136
2. With respect to any water utility of any
city, town or village municipality 7which utility, in addition to providing water for human consumption, performs
8governmental functions in the way of providing water for fire protection, sewerage
9operation, street sanitation, park bathing pools and the like, the board shall have the
10same powers and be subject to the same obligations as are provided in subd. 1.
11However, water storage tanks, water pumping stations and water reservoirs may be
12removed, relocated and replaced by the board only with the consent and approval of
13the
city, town or village municipality owning and operating the facilities.
SB639,277,2214
(h)
Private occupancy of streets; relocation. 1. All persons other than those
15mentioned in par. (g) lawfully having buildings, structures, works, conduits, mains,
16pipes, wires, poles, tracks or any other physical facilities in, over or under the public
17lands, streets, highways, alleys, parks or parkways of the county, or of any
town,
18village or city municipality therein, which in the opinion of the board in any manner
19interfere with the construction of
any an expressway project or the relocation or
20maintenance
thereof of such a project, shall upon order by the board promptly so
21accommodate, relocate or remove the
same as may be ordered by the board so as to
22remove such interference interfering physical facilities.
SB639,278,223
2. Whenever the board proposes to consider adoption of an expressway project,
24it shall give notice
thereof of the proposal to each privately owned public utility or
25other person affected by the project indicating in the notice the action which it desires
1the utility or person to take, and the utility or person shall within 90 days after
2receipt of the notice furnish to the board its plan to comply with the request.
SB639,278,133
3. When the utility,
pursuant to under the board's order, proceeds with the work
4in a manner satisfactory to the board, the county shall pay the utility from
5expressways funds upon monthly estimates of work performed and submitted for
6payment by the utility, two-thirds of the net cost incurred by the utility in performing
7the work, after deducting reasonable and fair credits for items salvaged, for any
8betterments made at the option of the company and for the value as carried on the
9utility's books, of the used life of a facility retired from use if the service life of the new
10facility will extend beyond the expectancy of the one removed. The county shall not
11be liable to pay any value
whatever for utility facilities where use of the
same 12facilities has been abandoned for reasons other than the construction or proposed
13construction of an expressway project even though the installation is intact.
SB639,278,2014
4. The board and any utility
that is required to accommodate, relocate or
15remove a utility facility described in subd. 1. may by agreement provide for the
16respective amounts of the cost to be borne by each so as to resolve
any a dispute as
17to the allowance of charges and credits
as set forth in this paragraph. When the
18agreement has been concluded, the county shall pay out of expressway funds its
19share of the cost upon monthly estimates of work performed and submitted for
20payment by the utility.
SB639,279,321
5. If the board and any privately owned public utility are unable to agree as to
22the division of the costs, either may appeal to the public service commission, which
23body shall determine the proper amounts of reimbursement according to the
24provisions expressed in this paragraph. Either party may
have a petition the circuit
25court for review of the public service commission's decision in the manner provided
1in
ch. 227 s. 227.53. If it is determined upon such review that the county has paid
2more than two-thirds of the net cost of compliance by a utility with the board's order,
3any overage shall be reimbursed to the county by the utility.
SB639,279,74
6. No appeal shall delay
the construction of the expressway project or
5compliance by the privately owned public utilities with the orders of the board.
6Compliance shall not prejudice the rights of either the board or the utilities in any
7pending appeal.
SB639,279,118
7. If
any a person refuses to comply with an order of the board as promulgated
9under this paragraph, the board may
have a writ of assistance from apply to the
10circuit court
for a writ of assistance to compel compliance, and the person shall be
11liable for all damages caused to the board by the delay.
SB639,279,1312
8. If a railroad track
crosses or is crossed by
and an expressway project
cross,
13ss. 195.28 to 195.29 shall apply.
SB639,279,1514
9. The reimbursement
to of private utilities
provided in under this paragraph
15shall be limited to expressway projects as provided in this section.
SB639,279,2116
(i)
Entry on private lands. The board, its agents or servants, may enter
upon 17any land in the county for the purpose of making surveys, test borings or any other
18type of examination necessary in the performance of its duties and shall be liable to
19restore the surface of
said the lands to the same or as good condition as existed at the
20time of
such the entry and for any other actual and demonstrable damage caused to
21said the lands by
such the entry.
SB639,280,1322
(j)
Traffic types and speed limits. After an expressway project has been certified
23as completed, the public body having jurisdiction over the maintenance thereof shall
24have the power to regulate the type of vehicular use of such portion of the expressway
25except as limited by federal and state laws and regulations, and the power to fix
1speed limits thereon not in excess of the maximum speed limits for state trunk
2highways, and to provide and enforce reasonable penalties for infraction of such
3vehicular use regulation or speed limits. Notwithstanding s. 346.16 (2), the use of
4the expressways by pedestrians, mopeds, motor bicycles, motor scooters, bicycles,
5funeral processions, animals on foot and the hauling of oversized equipment without
6special permit shall be prohibited when an ordinance in conformity
herewith is
7adopted with this section is enacted by the
county board, but
any a forfeiture
8provided therein shall not exceed the maximum forfeiture under s. 346.17 (2). The
9county board may not prohibit the towing of disabled vehicles on expressways, except
10that the board may prohibit the towing of disabled vehicles during the peak hours
11of 7 a.m. to 9 a.m. and 4 p.m. to 6:30 p.m. as established under county ordinance and
12except that the board may establish procedures for and may contract for the towing
13of vehicles which have become disabled on the expressway.
SB639,280,2114
(k)
Building permits on lands in expressway routes. Each
town, village or city 15municipality through which a route of the approved expressway plan, as amended
16from time to time, shall pass, shall be given a formal notice of the route and a map
17thereof. Thereafter, when an owner of land within the right-of-way of an
18expressway indicated on the map applies for a building permit affecting such lands,
19final action on the application shall be deferred for a reasonable time not exceeding
2060 days and the municipality shall within 5 days after receipt of the application
21notify the board thereof.
SB639,280,2422
(L)
Forces to construct expressway projects. The board may use its own
forces 23employes to construct expressway projects in whole or in part
or may use county
24highway forces for such purposes.
SB639,281,2
1(m)
Rules and regulations. The board shall have power to make all rules and
2regulations concerning its work.
SB639,281,83
(n)
Meetings; reports. The board shall hold meetings for the transaction of
4business under this section and all such meetings shall be open to the public. The
5board shall prepare annually a report of its official transactions and expenditures
6under this section and shall mail the statement to the governor, to the mayor of the
7largest city in the county and to the chief executive
head officer of the governing
8boards bodies of all
cities, towns and villages municipalities in the county.
SB639,281,119
(o)
Applicability of pars. (a) to (n). Paragraphs (a) to (n) also apply
insofar, as
10far as applicable
, to the exercise of the powers and duties of the board in the planning
11and construction of mass transit facilities.
SB639,281,22
12(4) Transfer of prior expressway studies and reports. The county expressway
13and transportation commission
that is created under s. 59.965 (2), 1977 stats., and
14the governmental authorities of the largest city in the county shall transfer and
15deliver to the board the original or certified copy of all maps and engineering studies
16and reports pertaining to an expressways system in the city and county, together
17with all contracts pertaining to the creation and construction of expressways. Upon
18demand by the board the largest city in the county with the approval of the common
19council shall execute and deliver to the county quitclaim deeds of all lands acquired
20or, dedicated or owned by the city and needed for the purpose of right-of-way for the
21expressways, if the cost
thereof of the lands was included in the determination of
22prior expressway expenditures.
SB639,282,11
23(6) Reimbursement for prior expressway financing. Municipalities shall be
24reimbursed for prior expressway project expenditures.
Any expressway Expressway 25projects under construction at the time the county expressway and transportation
1commission was created and the transfer of functions to the commission was
2effectuated under s. 59.965, 1977 stats., shall be completed by the board. Such
3municipalities shall be reimbursed for prior expressway expenditures and
obligation 4obligations incurred for the cost of right-of-way acquisition and clearance,
5construction engineering, and actual construction to the extent of the municipalities'
6contribution from tax levy or bond funds. Each such municipality shall calculate its
7contribution and certify the contribution with full data to the board. It shall then be
8subject to consideration, audit and approval by the board. If approved by the board,
9reimbursement shall be made on a 10-year instalment basis by levying a tax against
10all the municipalities of the county on an equalized valuation basis, and offsetting
11the amount thereof to the municipalities entitled to reimbursement.
SB639,283,2
12(7) Agreements for use of federal aid to retire maturities. The department
13of transportation and
any county having a population of 500,000 or more the board 14may enter into an agreement providing that when the proceeds of bonds issued by
15the county are expended in the improvement of a portion of the federal aid highway
16system as a part of the comprehensive expressway system in the county, and are so
17expended under ch. 84, and in compliance with section 5 of the federal aid highway
18act of 1950, or acts amendatory
of or supplementary to such section, and regulations
19applicable thereto, the sum of money derived from federal aid for highways which
20may be authorized by the congress and apportioned to this state for any fiscal year
21as shall be stipulated in the agreement may be applied to aid in retirement of annual
22maturities of the principal indebtedness of such bonds, and that to the extent that
23federal aid can be claimed and received by the state for such purpose, it will upon
24receipt be paid to the county. Any money so paid shall be deposited by the county in
1the sinking fund provided for the retirement of the bond issue of which the bonds
2formed a part.
SB639,283,20
3(8) Agreements for state aid to retire maturities. The department of
4transportation may enter into a contract with
a county containing a population of
5500,000 or more the board providing that, to the extent that the proceeds of bonds
6issued by the county are expended under ch. 84 in the improvement of state trunk
7highways or connecting highways, in addition to the agreed county share of the
8improvement and for which the county has not been or will not be reimbursed with
9federal funds, such sum as may be approved by the department of transportation in
10any fiscal year will be paid to the county to aid in retirement of the annual maturities
11of the principal indebtedness of the bonds from funds appropriated and available to
12the department of transportation for the improvement of state trunk highways or
13connecting highways. Payments may be made
pursuant to
under the agreement,
14before or after the bonds mature, from funds appropriated and available to the
15department of transportation for the improvement of state trunk highways or
16connecting highways after making provision for adequate maintenance and traffic
17service, but this section or the agreement shall not constitute a commitment on the
18part of this state or the county to provide the funds. Any money so paid shall be
19deposited by the county in its sinking fund created for the purpose of payment of the
20bond issue of which the bonds formed a part.
SB639,284,3
21(9) Staff. (a)
Other departments and officers. The staff of the county highway
22department, under the direction of the county highway commissioner, shall perform
23all technical work required by the board. Any municipality having an expressway
24staff shall, upon request of the county board, transfer the staff to the county, and the
25agents and employes of the municipal staff shall thereupon become integrated into
1county civil service in the county highway department. The
county board may hire
2upon a contract basis such expert consultant services as it
deems considers necessary
3to assist in the planning of the expressway system.
SB639,284,74
(b)
Records and equipment. The board shall provide a suitable place where the
5maps, plans, documents, and records of the board
under
that relate to this section
6shall be kept, subject to public inspection at all reasonable hours and under
such 7reasonable regulations
as that the board may prescribe.
SB639,284,25
8(10) Maintenance and operation. (a)
Maintenance and operation. Whenever
9any expressway project is opened to traffic, the certification of such fact shall be filed
10with the clerk of the municipality in which the project is located. The notice shall be
11filed by the department of transportation in all cases where the construction contract
12has been awarded by the department of transportation, or by the board where the
13construction contract has been awarded by the board. Thereafter the portion of the
14expressway system included in such opening shall be operated and maintained by
15the county, but if
any an expressway project is selected and designated as a state
16trunk or interstate highway that portion of the expressway shall be maintained by
17the state. The maintenance responsibility of the county or state shall include all
18areas within the right-of-way fence lines and between the right-of-way fence lines
19and the curb lines of adjacent streets, except that connecting ramps constructed as
20a part of the expressway system shall be included in such maintenance to the near
21curb lines of the street with which they connect. All areas not specifically included
22within these described limits shall be maintained by the municipality in which the
23expressway is located, except that the state or county shall maintain the structural
24parts of bridges carrying local traffic over the expressway, including generally the
25footings, piers, columns, abutments and structural girders.
SB639,285,6
1(b)
Policing of expressways. Expressways shall be policed by the sheriff who
2may, when necessary, request and shall receive cooperation and assistance from the
3police departments of each municipality in which expressways are located, but
4nothing
contained herein in this paragraph shall be construed to deprive such police
5departments of the power of exercising law enforcement on such expressways within
6their respective jurisdictions.
SB639,285,11
7(11) Designated standing committee. The board may designate a standing
8committee to perform
all of the duties and to exercise
all of the powers of the board
9under this section, except those powers and duties in sub. (2) (a) and (b). All actions
10of the standing committee under this section may be modified and shall be approved
11or disapproved by the board.
SB639, s. 465
12Section
465. 59.966 of the statutes is renumbered 59.58 (6), and 59.58 (6) (a)
13(intro.) and 2., (b) 1. and 3., (c), (e) (intro.) and 5. (intro.) and (f), as renumbered, are
14amended to read:
SB639,285,1515
59.58
(6) (a) (intro.) In this
section subsection:
SB639,285,1716
2. "Region" means the geographic
region area composed of the counties of
17Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha.
SB639,285,2018
(b) 1. Except as provided in
sub. (6) par. (f), 7 members nominated by the
19governor, and with the advice and consent of the senate appointed, for 3-year terms,
20with each member designated to represent one of the counties in the region.
SB639,285,2221
3. Three other members
who are nominated by the governor, and with the
22advice and consent of the senate appointed, for 3-year terms.
SB639,285,2523
(c) The authority shall be responsible for the coordination of highway and
24transit programs in the region and
for other responsibilities as specified for the
25authority by the legislature.
SB639,286,4
1(e) (intro.) By November 15, 1992, the authority shall submit to the governor
2and
to the chief clerk of each house of the legislature, for distribution to the
3legislature under s. 13.172 (2), a report on the activities of the authority. The report
4shall include all of the following:
SB639,286,95
5. (intro.) A proposal that specifically identifies a permanent regional funding
6source to provide local funds for highway improvements in the region that have a
7demonstrably regional impact, and for the local portion of operating and capital costs
8of public transit
that are not covered by passenger fares. In making its proposal, the
9authority shall consider at least the following funding sources:
SB639,286,1310
(f) After June 30, 1993, any county board in the region may, by resolution,
11withdraw from the authority. In the event of such withdrawal, the county shall not
12be represented by a member under
sub. (2) (a) par. (b) 1. This
subsection paragraph 13does not apply after December 31, 1993.
SB639, s. 466
14Section
466. 59.967 (title), (1), (2) and (3) (intro.) of the statutes are
15renumbered 59.58 (2) (title), (a), (b) and (c) (intro.) and amended to read:
SB639,286,2116
59.58
(2) County transit commission. (a)
Any A county in this state may
enact
17an ordinance for the establishment, maintenance and operation of
establish,
18maintain and operate a comprehensive unified local transportation system, the
19major portion of which is or is to be located within or the major portion of the service
20of which is or is to be supplied to the inhabitants of such county, and which system
21is
used or
is to be used chiefly for the transportation of persons and freight.
SB639,286,2322
(b) The transit commission shall be designated "Transit Commission" preceded
23by the name of the
enacting establishing county.
SB639,286,2424
(c) (intro.) In this
section subsection:
SB639, s. 467
1Section
467. 59.967 (3) (a) of the statutes is renumbered 59.58 (2) (c) 2. and
2amended to read:
SB639,287,53
59.58
(2) (c) 2. "Comprehensive unified local transportation system" means a
4transportation system
that is comprised of motor bus lines and any other local public
5transportation facilities, the major portions of which are within the county.
SB639, s. 468
6Section
468. 59.967 (3) (b) of the statutes is renumbered 59.58 (2) (c) 1. and
7amended to read:
SB639,287,98
59.58
(2) (c) 1.
"Transit commission" or "commission" "Commission" means the
9local transit commission created hereunder.
SB639, s. 469
10Section
469. 59.967 (4) of the statutes is renumbered 59.58 (2) (d) and
11amended to read:
SB639,287,1512
59.58
(2) (d) The
transit commission shall consist of not less than 7 members
13to be appointed by the
county board, one of whom shall be designated chairperson,
14except that in
any a county having a county executive, the executive shall make the
15appointments.
SB639, s. 470
16Section
470. 59.967 (5) (a) and (c) of the statutes are renumbered 59.58 (2) (e)
171. and 2. and amended to read:
SB639,287,2018
59.58
(2) (e) 1. The first members of the
transit commission shall be appointed
19for staggered 3-year terms. The term of office of each member thereafter appointed
20shall be 3 years.
SB639,287,2421
2. No person holding stocks or bonds in
any a corporation subject to the
22jurisdiction of the
transit commission, or who is in any other manner
directly or
23indirectly pecuniarily interested in any such corporation, shall be a member of
the, 24nor
be employed by
, the
transit commission.
SB639, s. 471
1Section
471. 59.967 (6) to (12) of the statutes are renumbered 59.58 (2) (f) to
2(L) and amended to read:
SB639,288,73
59.58
(2) (f) The
transit commission may appoint a secretary and employ such
4accountants, engineers, experts, inspectors, clerks and other employes and fix their
5compensation, and purchase such furniture, stationery and other supplies and
6materials, as are reasonably necessary to enable it properly to perform its duties and
7exercise its powers.
SB639,288,118
(g) 1. The
transit commission may adopt rules relative to the calling, holding
9and conduct of its meetings, the transaction of its business, the regulation and
10control of its agents and employes, the filing of complaints and petitions and the
11service of notices thereof and conduct hearings.
SB639,288,1712
2. For the purpose of receiving, considering and acting upon any complaints or
13applications which may be presented to it or for the purpose of conducting
14investigations or hearings on its own motion the
transit commission shall hold
15regular meetings at least once a week except in the months of July and August in
16each year and special meetings on the call of the chairperson or at the request of the
17county board.
SB639,288,2518
3. The
transit commission may adopt a seal, of which judicial notice shall be
19taken in all courts of this state. Any process, writ, notice or other instrument which
20the commission may be authorized by law to issue shall be
deemed considered 21sufficient if signed by the secretary of the commission and authenticated by such
22seal. All acts, orders, decisions, rules and records of the commission, and all reports,
23schedules and documents filed with the commission may be proved in any court in
24this state by a copy thereof certified by the secretary under the seal of the
25commission.
SB639,289,5
1(h) The jurisdiction, powers and duties of the
transit commission shall extend
2to the comprehensive unified local transportation system for which the commission
3is established including any portion of such system extending into adjacent or
4suburban territory within this state lying outside of the county not more than 30
5miles from the nearest point marking the corporate limits of the county.
SB639,289,86
(i)
Initial The initial acquisition of the properties for the establishment of
, and
7to comprise
, the comprehensive unified local transportation system shall be subject
8to s. 66.065 or ch. 197.
SB639,289,119
(j) 1. Any county may by contract under s. 66.30 establish a joint municipal
10transit commission, in cooperation with any
county, city, village, town municipality,
11county or federally recognized Indian tribe or band.
SB639,289,2212
2. Notwithstanding any other provision of this
section subsection, no joint
13municipal transit commission under
par. (a) subd. 1. may provide service outside the
14corporate limits of the parties to the contract under s. 66.30 which establish the joint
15municipal transit commission unless the joint municipal transit commission
16receives financial support for the service
pursuant to
under a contract with a public
17or private organization for
such the service. This
paragraph subdivision does not
18apply to service provided by a joint municipal transit commission outside the
19corporate limits of the parties to the contract under s. 66.30 which establish the joint
20municipal transit commission if the joint municipal transit commission is providing
21the service on April 28, 1994, without receiving financial support from a public or
22private organization for the service, and elects to continue
such the service.
SB639,289,2423
(k) 1. In lieu of providing transportation services, a county may contract with
24a private organization for
such the services.
SB639,290,9
12. Notwithstanding any other provision of this
section subsection, no county
2may contract with a private organization to provide service outside the corporate
3limits of
such the county unless the county receives financial support for the service
4pursuant to under a contract with a public or other private organization for
such the 5service. This
paragraph subdivision does not apply to service provided under
par. (a) 6subd. 1. outside the corporate limits of a county if a private organization is providing
7the service on April 28, 1994, without receiving financial support from a public or
8private organization for the service, and the county elects to continue
such the 9service.
SB639,290,1810
(L) Notwithstanding any other provision of this
section subsection, no transit
11commission may provide service outside the corporate limits of the county which
12establishes the transit commission unless the transit commission receives financial
13support for the service
pursuant to under a contract with a public or private
14organization for
such the service. This
subsection paragraph does not apply to
15service provided by a transit commission outside the corporate limits of the county
16which establishes the transit commission if the transit commission is providing the
17service on April 28, 1994, without receiving financial support from a public or private
18organization for the service, and elects to continue
such the service.
SB639, s. 472
19Section
472. 59.968 (intro.) and (1) to (7) of the statutes are renumbered 59.58
20(3) (intro.) and (a) to (g), and 59.58 (3) (intro.), (a) to (c), (d) (intro.), 2. and 3., (e), (f)
21and (g) 1. to 4., as renumbered, are amended to read:
SB639,290,2222
59.58
(3) Public transit in counties. (intro.)
Any county A board may:
SB639,290,2423
(a) Purchase and lease buses to private transit companies
operating that
24operate within and outside the county.
SB639,291,2
1(b) Apply for federal aids
for to purchase
of such buses or other facilities
deemed 2considered essential for operation.
SB639,291,53
(c) Make grants and provide subsidies to private transit companies
operating 4that operate bus lines principally within the county to stabilize, preserve or enhance
5levels of transit service to the public.
SB639,291,236
(d) (intro.) Acquire a transportation system by purchase, condemnation under
7s. 32.05 or otherwise and provide funds for the operation and maintenance of such
8a system. "Transportation system" means all land, shops, structures, equipment,
9property, franchises and rights of whatever nature required for transportation of
10passengers or freight within the county, or between counties,
including, without
11limitation and includes, but is not limited to, elevated railroads, subways,
12underground railroads, motor vehicles, motor buses and any combination thereof,
13and any other form of mass transportation. Such acquisition and operation between
14counties shall be subject to ch. 194 and whenever the proposed operations between
15such counties would be competitive with the urban or suburban operations of
16another existing common carrier of passengers or freight, the county shall coordinate
17proposed operations with such carrier to eliminate adverse financial impact for such
18carrier. This coordination may include, but is not limited to, route overlapping,
19transfers, transfer points, schedule coordination, joint use of facilities, lease of route
20service and acquisition of route and corollary equipment. If such coordination does
21not result in mutual agreement, the proposals shall be submitted to the department
22of transportation for arbitration. The following forms of transportation are excepted
23from the definition of "transportation system":
SB639,292,224
2. School bus transportation businesses or systems
that are engaged primarily
25in the transportation of children to or from school, and which are subject to the
1regulatory jurisdiction of the department of transportation and the department of
2education.
SB639,292,43
3. Charter or contract operations to, from or between points
that are outside
4the county or contiguous or cornering counties.
SB639,292,65
(e) Acquire all of the capital stock of a corporation
owning and operating that
6owns and operates a transportation system.
SB639,292,117
(f) Use
any a public road
or, street or highway for the transportation of
8passengers for hire without obtaining a permit or license from
any city, village or
9town a municipality for the operation of a transportation system within such
10municipality but such use shall be subject to approval by the department of
11transportation.
SB639,292,1312
(g) 1. Operate and maintain it or lease it to
any
an operator or contract for its
13use by
any an operator.
SB639,292,1514
2. Contract for superintendence of the system with
any an organization which
15has personnel with the experience and skill necessary.
SB639,292,1816
3. Delegate responsibility for the operation and maintenance of the system to
17any an appropriate administrative officer, board or commission of the county
18notwithstanding s.
59.965 59.83 or any other statute.
SB639,292,2019
4. Maintain and improve a railroad right-of-way and improvements
thereon 20on the right-of-way for future use.
SB639, s. 473
21Section
473. 59.968 (7m), (8) and (9) of the statutes are renumbered 59.58 (3)
22(h), (i) and (j) and amended to read:
SB639,292,2423
59.58
(3) (h) 1. A county may contract under s. 66.30 to establish a joint transit
24commission with other municipalities
, as defined under s. 66.30 (1).
SB639,293,11
12. Notwithstanding any other provision of this
section subsection, no joint
2transit commission under
par. (a) subd. 1. may provide service outside the corporate
3limits of the parties to the contract under s. 66.30 which establish the joint transit
4commission unless the joint transit commission receives financial support for the
5service
pursuant to under a contract with a public or private organization for
such 6the service. This
paragraph subdivision does not apply to service provided by a joint
7transit commission outside the corporate limits of the parties to the contract under
8s. 66.30 which establish the joint transit commission if the joint transit commission
9is providing the service on April 28, 1994, without receiving financial support from
10a public or private organization for the service, and elects to continue
such the 11service.
SB639,293,1312
(i)
Subsections (4) to (7m) (a) Paragraphs (d) to (h) 1. shall only apply if a
county 13board by a two-thirds vote of its membership so authorizes.
SB639,293,2214
(j) 1. Notwithstanding any other provision of this
section subsection, no county
15which acquires a transportation system under this
section subsection may provide
16service outside the corporate limits of
such the county unless the county receives
17financial support for the service
pursuant to under a contract with a public or private
18organization for
such the service. This
subsection paragraph does not apply to
19service provided by a county outside the corporate limits of
such the county if the
20county is providing the service on April 28, 1994, without receiving financial support
21from a public or private organization for the service, and elects to continue
such the 22service.
SB639,294,723
2. Notwithstanding any other provision of this
section subsection, no county
24which establishes a transportation system under this
section subsection may
25contract with an operator to provide service under
sub. (7) (a) par. (g) 1. outside the
1corporate limits of
such the county unless the county receives financial support for
2the service
pursuant to under a contract with a public or private organization for
3such the service. This
paragraph subdivision does not apply to service provided
4under
sub. (7) (a) par. (g) 1. outside the corporate limits of a county
pursuant to under 5a contract between the county and an operator if an operator is providing the service
6on April 28, 1994, without receiving financial support from a public or private
7organization for the service, and the county elects to continue
such the service.
SB639, s. 474
8Section
474. 59.969 of the statutes is renumbered 59.58 (4), and 59.58 (4) (a),
9(b) (intro.), 1., 2. and 4. to 6., (c) and (d), as renumbered, are amended to read:
SB639,294,1210
59.58
(4) (a)
Any county A board acquiring a transportation system under
s.
1159.968 (4) sub. (3) (d) shall assume all the employer's obligations under any contract
12between the employes and management of the system.