1995 Wisconsin Act 201

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:

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).

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.

(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.

(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.

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.

201,474 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:

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.

(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:

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

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

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)).

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

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.

(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.

(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.

201,475 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:

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).

(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.

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.

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.