AB75: Bill Text

AB75,738,9 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

AB75,738,14 (c) This subsection does not apply to any contractor, subcontractor, or contractor's or subcontractor's or agent that in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or that has not exhausted or waived all appeals.

AB75,738,24 (d) Any person submitting a bid or negotiating a contract on a publicly funded private construction project that is subject to this section shall, on the date on which the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent interest on the date the person submits the bid or at any other time within 3 years preceding the date on which the person submits the bid or negotiates the contract, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

AB75,738,25 (e) The department shall promulgate rules to administer this subsection.

AB75, s. 1488 Section 1488. 66.1039 of the statutes is created to read:

AB75,739,2 66.1039 Transit authorities. (1) Definitions. In this section:

AB75,739,3 (a) "Authority" means a transit authority created under this section.

AB75,739,5 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.

AB75,739,6 (c) "Common carrier" means any of the following:

AB75,739,7 1. A common motor carrier, as defined in s. 194.01 (1).

AB75,739,8 2. A contract motor carrier, as defined in s. 194.01 (2).

AB75,739,9 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).

AB75,739,10 4. A water carrier, as defined in s. 195.02 (5).

AB75,739,15 (d) "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 portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

AB75,739,17 (e) "Madison metropolitan planning area" means the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Madison.

AB75,739,18 (f) "Municipality" means any city, village, or town.

AB75,739,21 (g) "Participating political subdivision" means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.

AB75,739,22 (h) "Political subdivision" means a municipality or county.

AB75,740,7 (i) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.

AB75,740,10 (j) "Urbanized Fox Cities metropolitan planning area" means the urbanized area, as defined in 23 USC 134 (b) (6), of the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Appleton.

AB75,740,17 (2) Creation of transit authorities. (a) Southeast regional transit authority. 1. The southeast regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Milwaukee County or Kenosha County, or of any municipality located in whole or in part within that portion of Racine County east of I 94, adopts a resolution authorizing the county or municipality to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75,740,23 2. After an authority is created under subd. 1., any of the counties of Kenosha, Milwaukee, and Racine, and any municipality located in whole or in part within that portion of Racine County east of I 94, if the county or municipality is not already a member of the authority as provided under subd. 1., may join the authority created under subd. 1. if the governing body of the county or municipality adopts a resolution to join the authority.

AB75,741,3 3. If Milwaukee County or Kenosha County adopts a resolution under subd. 1. or 2., any municipality located in whole or in part within Milwaukee County or Kenosha County, respectively, shall be a member of the authority.

AB75,741,6 4. Any of the counties of Waukesha, Ozaukee, and Washington may join the authority created under subd. 1. if the governing body of the county adopts a resolution to join the authority.

AB75,741,10 5. Any municipality located in whole or in part within Waukesha County, Ozaukee County, or Washington County may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.

AB75,741,13 6. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the combined territorial boundaries of any county or municipality that adopts a resolution under subd. 1., 2., 4., or 5.

AB75,741,19 (b) Dane County regional transit authority. 1. The Dane County regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75,741,22 2. If Dane County adopts a resolution under subd. 1., any municipality located in whole or in part within the Madison metropolitan planning area shall be a member of the authority.

AB75,742,2 3. Any municipality located in whole or in part within Dane County that is not located in whole or in part within the Madison metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.

AB75,742,5 4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the Madison metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 3.

AB75,742,11 (c) Fox Cities regional transit authority. 1. There is created the Fox Cities regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Outagamie, Calumet, and Winnebago and any municipality located in whole or in part within the urbanized Fox Cities metropolitan planning area. This authority may transact business and exercise any powers granted to it under this section.

AB75,742,17 2. Any municipality located in whole or in part within Outagamie County, Calumet County, or Winnebago County that is not located in whole or in part within the urbanized Fox Cities metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.

AB75,742,21 3. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the urbanized Fox Cities metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 2.

AB75,743,2 (3) Transit authority governance. (a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-year terms. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB75,743,4 (b) If an authority is created under sub. (2) (a), the board of directors of the authority consists of the following members:

AB75,743,8 1. If Kenosha County adopts a resolution under sub. (2) (a) 1. or 2., one member from Kenosha County, appointed by the county executive and approved by the county board, and one member from the city of Kenosha, appointed by the mayor and approved by the common council.

AB75,743,12 2. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one member from Milwaukee County, appointed by the county executive and approved by the county board, and one member from the city of Milwaukee, appointed by the mayor and approved by the common council.

AB75,743,14 3. If the city of Racine adopts a resolution under sub. (2) (a) 1. or 2., one member from the city of Racine, appointed by the mayor and approved by the common council.

AB75,743,19 4. Two members from the jurisdictional area of the authority, by the governor appointed. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one of the members appointed by the governor under this subdivision shall be from Milwaukee County, for any term commencing after Milwaukee County has adopted the resolution.

AB75,743,23 5. One member from each county that joins the authority under sub. (2) (a) 4., appointed by the county executive of the county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.

AB75,744,2 6. One member from each city with a population of more than 60,000 that either adopts a resolution under sub. (2) (a) 5. or is located in a county that has joined the authority under sub. (2) (a) 4., appointed by the mayor of each such city and approved by the common council.

AB75,744,4 (c) If an authority is created under sub. (2) (b), the board of directors of the authority consists of the following members:

AB75,744,6 1. Two members from the Madison metropolitan planning area, appointed by the county executive and approved by the county board.

AB75,744,8 2. Two members appointed by the mayor of the city of Madison and approved by the common council.

AB75,744,9 3. One member appointed by the governor.

AB75,744,12 4. One member from each city with a population of more than 20,000 located in Dane County, appointed by the mayor of each such city and approved by the common council.

AB75,744,14 (d) The board of directors of the authority created under sub. (2) (c) consists of the following members:

AB75,744,19 1. Three members, one each from the counties of Outagamie, Calumet, and Winnebago, appointed by the county executive of each county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.

AB75,744,21 2. Two members, one each from the cities of Appleton and Neenah, appointed by the mayor of each such city and approved by the common council.

AB75,744,23 3. One member from the town of Grand Chute, appointed by the town board chairperson and approved by the town board.

AB75,744,24 4. One member appointed by the governor.

AB75,744,25 5. One member appointed as provided in par. (e).

AB75,745,1 6. One member appointed as provided in par. (f).

AB75,745,4 (e) 1. Board membership under par. (d) 5. shall follow a rotating order of succession, commencing as specified in subds. 2. and 3. and, after June 30, 2017, repeating in the same order and by the same selection process.

AB75,745,8 2. For the term commencing on the effective date of this subdivision and expiring on June 30, 2013, the member specified in par. (d) 5. shall be from the town of Menasha and shall be appointed by the town board chairperson and approved by the town board.

AB75,745,11 3. For the term commencing on July 1, 2013 and expiring on June 30, 2017, the member specified in par. (d) 5. shall be from the city of Menasha and shall be appointed by the mayor of the city and approved by the common council.

AB75,745,14 (f) 1. Board membership under par. (d) 6. shall follow a rotating order of succession, commencing as specified in subds. 2. to 5. and, after June 30, 2025, repeating in the same order and by the same selection process.

AB75,745,18 2. For the term commencing on the effective date of this subdivision and expiring on June 30, 2013, the member specified in par. (d) 6. shall be from the city of Kaukauna and shall be appointed by the mayor of the city and approved by the common council.

AB75,745,21 3. For the term commencing on July 1, 2013 and expiring on June 30, 2017, the member specified in par. (d) 6. shall be from the village of Kimberly and shall be appointed by the village president and approved by the village board.

AB75,745,24 4. For the term commencing on July 1, 2017 and expiring on June 30, 2021, the member specified in par. (d) 6. shall be from the village of Little Chute and shall be appointed by the village president and approved by the village board.

AB75,746,3 5. For the term commencing on July 1, 2021 and expiring on June 30, 2025, the member specified in par. (d) 6. shall be from the town of Buchanan and shall be appointed by the town board chairperson and approved by the town board.

AB75,746,6 (g) The bylaws of an authority shall govern its management, operations, and administration, consistent with the provisions of this section, and shall include provisions specifying all of the following:

AB75,746,7 1. The functions or services to be provided by the authority.

AB75,746,8 2. The powers, duties, and limitations of the authority.

AB75,746,10 3. The maximum rate of the taxes that may be imposed by the authority under sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).

AB75,746,13 (4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority may do all of the following, to the extent authorized in the authority's bylaws:

AB75,746,15 (a) Establish, maintain, and operate a comprehensive unified local transportation system primarily for the transportation of persons.

AB75,746,18 (b) Acquire a comprehensive unified local transportation system and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transportation system, the authority may:

AB75,746,20 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

AB75,746,22 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

AB75,746,25 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

AB75,747,2 4. Maintain and improve railroad rights-of-way and improvements on these rights-of-way for future use.

AB75,747,4 (c) Contract with a public or private organization to provide transportation services in lieu of directly providing these services.

AB75,747,6 (d) Purchase and lease transportation facilities to public or private transit companies that operate within and outside the jurisdictional area.

AB75,747,8 (e) Apply for federal aids to purchase transportation facilities considered essential for the authority's operation.

AB75,747,17 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g), for residents who reside within the jurisdictional area and who are disabled or aged 60 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and 42 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds administered by the county. An authority may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but an authority is not an eligible applicant under s. 85.21 (2) (e) and may not receive payments directly from the department of transportation under s. 85.21.

AB75,747,20 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property or service.

AB75,747,22 (h) Acquire property by condemnation using the procedure under s. 32.05 for the purposes set forth in this section.

AB75,748,4 (i) Enter upon any state, county, or municipal street, road, or alley, or any public highway for the purpose of installing, maintaining, and operating the authority's facilities. Whenever the work is to be done in a state, county, or municipal highway, street, road, or alley, the public authority having control thereof shall be duly notified, and the highway, street, road, or alley shall be restored to as good a condition as existed before the commencement of the work with all costs incident to the work to be borne by the authority.

AB75,748,6 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions, facilities, and services provided by the authority.

AB75,748,8 (k) Make, and from time to time amend and repeal, bylaws, rules, and regulations to carry into effect the powers and purposes of the authority.

AB75,748,9 (L) Sue and be sued in its own name.

AB75,748,10 (m) Have and use a corporate seal.

AB75,748,13 (n) Employ agents, consultants, and employees, engage professional services, and purchase such furniture, stationery, and other supplies and materials as are reasonably necessary to perform its duties and exercise its powers.

AB75,748,15 (o) Incur debts, liabilities, or obligations including the borrowing of money and the issuance of bonds under subs. (7) and (10).

AB75,748,19 (p) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities, and other investments as the authority deems proper in accordance with s. 66.0603 (1m).

AB75,748,21 (q) Do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person.

AB75,748,24 (r) Exercise any other powers that the board of directors considers necessary and convenient to effectuate the purposes of the authority, including providing for passenger safety.

AB75,749,7 (s) Impose, by the adoption of a resolution by the board of directors, the taxes under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy of the resolution to the department of revenue at least 120 days before its effective date. The authority may, by adoption of a resolution by the board of directors, repeal the imposition of taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.