SB639: Bill Text

SB639,285,17 2. "Region" means the geographic region area composed of the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington and Waukesha.

SB639,285,20 (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.

SB639,285,22 3. Three other members who are nominated by the governor, and with the advice and consent of the senate appointed, for 3-year terms.

SB639,285,25 (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.

SB639,286,4 (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:

SB639,286,9 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:

SB639,286,13 (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.

SB639, s. 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:

SB639,286,21 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.

SB639,286,23 (b) The transit commission shall be designated "Transit Commission" preceded by the name of the enacting establishing county.

SB639,286,24 (c) (intro.) In this section subsection:

SB639, s. 467 Section 467. 59.967 (3) (a) of the statutes is renumbered 59.58 (2) (c) 2. and amended to read:

SB639,287,5 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.

SB639, s. 468 Section 468. 59.967 (3) (b) of the statutes is renumbered 59.58 (2) (c) 1. and amended to read:

SB639,287,9 59.58 (2) (c) 1. "Transit commission" or "commission" "Commission" means the local transit commission created hereunder.

SB639, s. 469 Section 469. 59.967 (4) of the statutes is renumbered 59.58 (2) (d) and amended to read:

SB639,287,15 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.

SB639, s. 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:

SB639,287,20 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.

SB639,287,24 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.

SB639, s. 471 Section 471. 59.967 (6) to (12) of the statutes are renumbered 59.58 (2) (f) to (L) and amended to read:

SB639,288,7 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.

SB639,288,11 (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.

SB639,288,17 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.

SB639,288,25 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.

SB639,289,5 (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.

SB639,289,8 (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.

SB639,289,11 (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.

SB639,289,22 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.

SB639,289,24 (k) 1. In lieu of providing transportation services, a county may contract with a private organization for such the services.

SB639,290,9 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.

SB639,290,18 (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.

SB639, s. 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:

SB639,290,22 59.58 (3) Public transit in counties. (intro.) Any county A board may:

SB639,290,24 (a) Purchase and lease buses to private transit companies operating that operate within and outside the county.

SB639,291,2 (b) Apply for federal aids for to purchase of such buses or other facilities deemed considered essential for operation.

SB639,291,5 (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.

SB639,291,23 (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":

SB639,292,2 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.

SB639,292,4 3. Charter or contract operations to, from or between points that are outside the county or contiguous or cornering counties.

SB639,292,6 (e) Acquire all of the capital stock of a corporation owning and operating that owns and operates a transportation system.

SB639,292,11 (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.

SB639,292,13 (g) 1. Operate and maintain it or lease it to any an operator or contract for its use by any an operator.

SB639,292,15 2. Contract for superintendence of the system with any an organization which has personnel with the experience and skill necessary.

SB639,292,18 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.

SB639,292,20 4. Maintain and improve a railroad right-of-way and improvements thereon on the right-of-way for future use.

SB639, s. 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:

SB639,292,24 59.58 (3) (h) 1. A county may contract under s. 66.30 to establish a joint transit commission with other municipalities, as defined under s. 66.30 (1).

SB639,293,11 2. Notwithstanding any other provision of this section subsection, no joint 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 transit commission unless the joint 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 transit commission outside the corporate limits of the parties to the contract under s. 66.30 which establish the joint transit commission if the joint 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.

SB639,293,13 (i) Subsections (4) to (7m) (a) Paragraphs (d) to (h) 1. shall only apply if a county board by a two-thirds vote of its membership so authorizes.

SB639,293,22 (j) 1. Notwithstanding any other provision of this section subsection, no county which acquires a transportation system under this section subsection may 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 private organization for such the service. This subsection paragraph does not apply to service provided by a county outside the corporate limits of such the county if the county 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.

SB639,294,7 2. Notwithstanding any other provision of this section subsection, no county which establishes a transportation system under this section subsection may contract with an operator to provide service under sub. (7) (a) par. (g) 1. 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 private organization for such the service. This paragraph subdivision does not apply to service provided under sub. (7) (a) par. (g) 1. outside the corporate limits of a county pursuant to under a contract between the county and an operator if an operator 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.

SB639, s. 474 Section 474. 59.969 of the statutes is renumbered 59.58 (4), and 59.58 (4) (a), (b) (intro.), 1., 2. and 4. to 6., (c) and (d), as renumbered, are amended to read:

SB639,294,12 59.58 (4) (a) Any county A board acquiring a transportation system under s. 59.968 (4) sub. (3) (d) shall assume all the employer's obligations under any contract between the employes and management of the system.

SB639,294,16 (b) (intro.) Any county A board acquiring, constructing, controlling or operating a transportation system under s. 59.968 (4) sub. (3) (d) shall negotiate an agreement protecting the interests of employes affected by the acquisition, construction, control or operation. Such agreements shall include, but are not limited to, provisions for:

SB639,294,18 1. The preservation of rights, privileges and benefits under any an existing collective bargaining agreement or other agreement.

SB639,294,20 2. The preservation of rights and benefits under any existing pension plans covering prior service, and continued participation in social security.

SB639,294,23 4. The protection of individual employes against a worsening of their positions with respect to their employment to the extent provided by section 13 (c) of the urban mass transportation act, as amended (49 USC 1609 (c)).

SB639,294,25 5. Assurances of employment to employes of such the transportation systems and priority of reemployment of employes who are terminated or laid off.

SB639,295,4 6. Assurances of first opportunity of employment in order of seniority to employes of any nonacquired system, affected by any a new, competitive or supplemental public transportation system, in any unfilled nonsupervisory positions for which they can qualify after a reasonable training period.

SB639,295,7 (c) Any An agreement under sub. (2) par. (b) may include provisions for the submission of labor disputes to final and binding arbitration by an impartial umpire or board of arbitration acceptable to the parties.

SB639,295,9 (d) In all negotiations under this section subsection, the county executive, if such office exists in the county, shall be a member of the county negotiating body.

SB639, s. 475 Section 475. 59.97 of the statutes is renumbered 59.69, and 59.69 (1), (2), (3) (a), (b) 1. and 2. and (c) to (e), (4) (intro.), (c), (f) and (k) and (4c) to (15), as renumbered, are amended to read:

SB639,296,4 59.69 (1) Purpose. It is the purpose of this section to promote the public health, safety, convenience and general welfare; to encourage planned and orderly land use development; to protect property values and the property tax base; to permit the careful planning and efficient maintenance of highway systems; to ensure adequate highway, utility, health, educational and recreational facilities; to recognize the needs of agriculture, forestry, industry and business in future growth; to encourage uses of land and other natural resources which are in accordance with their character and adaptability; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to preserve wetlands; to conserve soil, water and forest resources; to protect the beauty and amenities of landscape and man-made developments; to provide healthy surroundings for family life; and to promote the efficient and economical use of public funds. To accomplish this purpose the county board of any county may plan for the physical development and zoning of territory within the county as set forth in this section and shall incorporate therein the master plan adopted under s. 62.23 (2) or (3) and the official map of any city or village in the county adopted under s. 62.23 (6).

SB639,296,12 (2) Planning and zoning agency or commission. (a) 1. Except as provided under subd. 2., the county board of any county may create a planning and zoning committee as a county board agency or may create a planning and zoning commission consisting wholly or partially of persons who are not members of the county board, designated the county zoning agency. In lieu of creating a committee or commission for this purpose, the county board may designate a previously established committee or commission as the county zoning agency, authorized to act in all matters pertaining to county planning and zoning.

SB639,296,16 2. If the county board in any a county with a county executive authorizes the creation of a county planning and zoning commission, designated the county zoning agency, the county executive shall appoint the commission, subject to confirmation by the county board.

SB639,296,25 3. If a county planning and zoning commission is created under subd. 2., the county executive may appoint, for staggered 3-year terms, 2 alternate members of the commission, who are subject to confirmation by the board. Annually, the county executive shall designate one of the alternate members as first alternate and the other as 2nd alternate. The first alternate shall act, with full power, only when a member of the commission refuses to vote because of a conflict of interest or when a member is absent. The 2nd alternate shall act only when the first alternate refuses to vote because of a conflict of interest or is absent, or if more than one member of the commission refuses to vote because of a conflict of interest or is absent.

SB639,297,3 (b) From its members, the county zoning agency shall elect a chairperson whose term shall be for 2 years, and the county zoning agency may create and fill such other offices as it determines.

SB639,297,11 (bm) The head of the county zoning agency appointed under s. 59.97 sub. (10) (b) 2. shall have the administrative powers and duties specified for the county zoning agency under this section, and the county zoning agency shall be only a policy-making body determining the broad outlines and principles governing such administrative powers and duties and shall be a quasi-judicial body with decision-making power including that includes but is not limited to conditional use, planned unit development and rezoning. The building inspector shall enforce all laws, ordinances, rules and regulations under this section.

SB639,297,15 (c) Subject to change by the county board, the county zoning agency may adopt such rules and regulations governing its procedure as it considers necessary or advisable. The county zoning agency shall keep a record of its planning and zoning studies, its resolutions, transactions, findings and determinations.

SB639,297,22 (d) The county may accept, review and expend funds, grants and services and may contract with respect thereto and may provide such information and reports as may be necessary to secure such financial aid and services, and within such funds as may be made available, the county zoning agency may employ, or contract for the services of, such professional planning technicians and staff as are deemed considered necessary for the discharge of the duties and responsibilities of the county zoning agency.

SB639,298,2 (e) Wherever a public hearing is specified under this section, the hearing shall be conducted by the county zoning agency in the county courthouse or in such other appropriate place as may be selected by the county zoning agency. The county zoning agency shall give notice of the public hearing by publication in the county as a class 2 notice, under ch. 985.

SB639,298,6 (f) Whenever a county development plan, part thereof or amendment thereto is adopted by, or a zoning ordinance or amendment thereto is adopted enacted by, the county board, a duplicate copy shall be certified by the county clerk and sent to the municipal clerks of the cities, towns or villages municipalities affected thereby.

SB639,298,15 (3) (a) The county zoning agency shall direct the preparation of a county development plan or parts thereof for the physical development of the unincorporated territory within the county and areas within incorporated jurisdictions whose governing bodies by resolution agree to having their areas included in the county's development plan. Such The plan may be adopted in whole or in part and may be amended by the county board and indorsed endorsed by the governing bodies of any incorporated jurisdictions included in the plan. The county development plan, in whole or in part, in its original form or as amended, is hereafter referred to as the development plan.

SB639,298,22 (b) 1. Comprehensive surveys, studies and analyses of the history, existing land use, population and population density, economy, soil characteristics, forest cover, wetland and floodplain conditions and other human and natural features of the county and shall include the master plan, if any, of any city or village, which was adopted pursuant to under s. 62.23 (2) or (3) and the official map, if any, of such city or village which was adopted pursuant to under s. 62.23 (6) in such county, without change.

SB639,299,8 2. Based on such the comprehensive surveys, studies and analyses, the plan may identify goals and objectives for the future physical development of the county with respect to: public and private use of land and other natural resources; highways including bridges, viaducts, parkways and other public ways; parks, playgrounds, hunting and fishing grounds, forests and other facilities of a recreational nature; public buildings and institutions including schools; sanitary and storm sewers, drainage and measures for disposal of refuse and waste; reducing and preventing stream and lake pollution; flood control; public and private utilities including water, light, heat, transportation, pipelines and other services; industrial and commercial sites; historic districts; and other factors which will improve the physical and economic situation of the county.

SB639,299,12 (c) The development plan may be in the form of descriptive material, reports, charts, diagrams or maps. Each element of the development plan shall describe its relationship to other elements of the plan and to statements of goals, objectives, principles, policies or standards.

SB639,299,19 (d) The county zoning agency shall hold a public hearing on the development plan before approving it. After approval of the plan the county zoning agency shall submit the plan to the county board for its approval and adoption. The plan shall be adopted by resolution and when adopted it shall be certified as provided in sub. (2) (f). The development plan shall serve as a guide for public and private actions and decisions to assure the development of public and private property in appropriate relationships.

SB639,299,23 (e) A master plan adopted under s. 62.23 (2) and (3) and an official map that is established under s. 62.23 (6) shall control in unincorporated territory in a county affected thereby, whether or not such action occurs prior to before the adoption of a development plan.

SB639,300,6 (4) Extent of power. (intro.) For the purpose of promoting the public health, safety and the general welfare the county board of any county may by ordinance effective within the areas within such county outside the limits of incorporated villages and cities establish districts of such number, shape and area, and adopt such regulations for each such district as the county board shall deem considers best suited to carry out the purposes of this section. The powers granted by this section shall be exercised through an ordinance which may, subject to sub. (4e), determine, establish, regulate and restrict:

SB639,300,9 (c) The areas in and along, or in or along, natural watercourses, channels, streams and creeks in which trades or industries, filling or dumping, erection of structures and the location of buildings may be prohibited or restricted.

SB639,300,12 (f) The location of buildings and structures that are designed for specific uses and designation of uses for which buildings and structures may not be used or altered.

SB639,300,14 (k) The percentage of a lot which may be occupied, size of yards, courts and other open spaces.

SB639,300,18 (4c) Construction site ordinance limits. Except as provided in s. 101.1205 (5m), an ordinance that is enacted under sub. (4) may only include provisions that are related to construction site erosion control if those provisions are limited to sites where the construction activities do not include the construction of a building.

SB639,300,22 (4d) Antenna facilities. The board may not enact an ordinance or adopt a resolution on or after May 6, 1994, or continue to enforce an ordinance or resolution on or after May 6, 1994, that affects satellite antennas with a diameter of 2 feet or less unless one of the following applies:

SB639,300,24 (a) The ordinance or resolution has a reasonable and clearly defined aesthetic or public health or safety objective.

SB639,301,3 (b) The ordinance or resolution does not impose an unreasonable limitation on, or prevent, the reception of satellite-delivered signals by a satellite antenna with a diameter of 2 feet or less.

SB639,301,6 (c) The ordinance or resolution does not impose costs on a user of a satellite antenna with a diameter of 2 feet or less that exceed 10% of the purchase price and installation fee of the antenna and associated equipment.

SB639,301,14 (4e) Migrant labor camps. The board may not enact an ordinance or adopt a resolution that interferes with any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule that is promulgated by the department of industry, labor and job development under ss. 103.90 to 103.97. An ordinance or resolution of the county that is in effect on May 12, 1992, and that interferes with any repair or expansion of existing migrant labor camps that is required by such an administrative rule is void.