AB75,725,2323
(b) "Department" means the department of workforce development.
AB75,726,324
(c) "Financial assistance" means any grant, cooperative agreement, loan,
25contract, other than a public works contract, a supply procurement contract, a
1contract of insurance or guaranty, or a collective bargaining agreement, or any other
2arrangement by which a local governmental unit provides or otherwise makes
3available assistance in any of the following forms:
AB75,726,75
2. A transfer or lease of real or personal property of the local governmental unit
6or of any interest in or permission to use, other than on a casual or transient basis,
7that property for less than fair market value or for reduced consideration.
AB75,726,118
3. Proceeds from a subsequent transfer or lease of real or personal property
9transferred or leased from the local governmental unit, if the local governmental
10unit's share of the fair market value of the property is not returned to the local
11governmental unit.
AB75,726,1412
4. A redevelopment contract, economic development agreement, revenue
13agreement under s. 66.1103, contract under s. 66.1105 (3) or 66.1333 (5), or
14assistance provided under s. 66.1109.
AB75,726,1515
(d) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB75,726,1616
(e) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB75,726,1717
(f) "Local governmental unit" has the meaning given in s. 66.0903 (1) (d).
AB75,726,1818
(g) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB75,726,2519
(h) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or
20occupation engaged in the erection, construction, remodeling, repairing, or
21demolition of any publicly funded private construction project in any area means the
22hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
23vacation benefits, pension benefits, and any other bona fide economic benefit, paid
24directly or indirectly, for a majority of the hours worked in the trade or occupation
25on projects in the area.
AB75,727,10
12. If there is no rate at which a majority of the hours worked in the trade or
2occupation on projects in the area is paid, "prevailing wage rate" for any trade or
3occupation engaged in the erection, construction, remodeling, repairing, or
4demolition of any publicly funded private construction project in any area means the
5average hourly basic rate of pay, weighted by the number of hours worked, plus the
6average hourly contribution, weighted by the number of hours worked, for health
7insurance benefits, vacation benefits, pension benefits, and any other bona fide
8economic benefit, paid directly or indirectly for all hours worked at the hourly basic
9rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation
10on projects in that area.
AB75,727,1311
(i) "Publicly funded private construction project" means a construction project,
12other than a project of public works, that receives financial assistance from a local
13governmental unit.
AB75,727,1414
(j) "Truck driver" has the meaning given in s. 103.49 (1) (g).
AB75,728,2
15(2) Prevailing wage rates and hours of labor. (a) Any owner or developer of
16real property who enters into a contract for the erection, construction, remodeling,
17repairing, or demolition of any publicly funded private construction project on that
18real property shall include in the contract a stipulation that no person performing
19the work described in sub. (3) may be permitted to work a greater number of hours
20per day or per week than the prevailing hours of labor, except that any such person
21may be permitted or required to work more than the prevailing hours of labor per day
22and per week if he or she is paid for all hours worked in excess of the prevailing hours
23of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he
24or she be paid less than the prevailing wage rate determined under sub. (4) in the
1same or most similar trade or occupation in the area in which the publicly funded
2private construction project is situated.
AB75,728,143
(b) A reference to the prevailing wage rates determined under sub. (4) and the
4prevailing hours of labor shall be published in any notice issued for the purpose of
5securing bids for the publicly funded private construction project. If any contract or
6subcontract for a publicly funded private construction project that is subject to this
7section is entered into, the prevailing wage rates determined under sub. (4) and the
8prevailing hours of labor shall be physically incorporated into and made a part of the
9contract or subcontract, except that for a minor subcontract, as determined by the
10department, the department shall prescribe by rule the method of notifying the
11minor subcontractor of the prevailing wage rates and prevailing hours of labor
12applicable to the minor subcontract. The prevailing wage rates and prevailing hours
13of labor applicable to a contract or subcontract may not be changed during the time
14that the contract or subcontract is in force.
AB75,728,19
15(3) Covered employees. (a) Subject to par. (b), all of the following employes
16shall be paid the prevailing wage rate determined under sub. (4) and may not be
17permitted to work a greater number of hours per day or per week than the prevailing
18hours of labor, unless they are paid for all hours worked in excess of the prevailing
19hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB75,728,2120
1. All laborers, workers, mechanics, and truck drivers employed on the site of
21a publicly funded private construction project that is subject to this section.
AB75,729,222
2. All laborers, workers, mechanics, and truck drivers employed in the
23manufacturing or furnishing of materials, articles, supplies, or equipment on the site
24of a publicly funded private construction project that is subject to this section or from
25a facility dedicated exclusively, or nearly so, to a publicly funded private construction
1project that is subject to this section by a contractor, subcontractor, agent, or other
2person performing any work on the site of the project.
AB75,729,93
(b) Notwithstanding par. (a) 1., a laborer, worker, mechanic, or truck driver who
4is regularly employed to process, manufacture, pick up, or deliver materials or
5products from a commercial establishment that has a fixed place of business from
6which the establishment regularly supplies processed or manufactured materials or
7products is not entitled to receive the prevailing wage rate determined under sub.
8(4) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
9worked in excess of the prevailing hours of labor unless any of the following apply:
AB75,729,1610
1. The laborer, worker, mechanic, or truck driver is employed to go to the source
11of mineral aggregate such as sand, gravel, or stone that is to be immediately
12incorporated into the work, and not stockpiled or further transported by truck, pick
13up that mineral aggregate, and deliver that mineral aggregate to the site of a publicly
14funded private construction project that is subject to this section by depositing the
15material substantially in place, directly or through spreaders from the transporting
16vehicle.
AB75,729,2017
2. The laborer, worker, mechanic, or truck driver is employed to go to the site
18of a publicly funded private construction project that is subject to this section, pick
19up excavated material or spoil from the site of the project, and transport that
20excavated material or spoil away from the site of the project.
AB75,729,2221
(c) A truck driver who is an owner-operator of a truck shall be paid separately
22for his or her work and for the use of his or her truck.
AB75,730,15
23(4) Investigation; determination. (a) Before the owner or developer of any
24publicly funded private construction project enters into a contract or solicits bids on
25a contract for the performance of any work to which this section applies, the owner
1or developer shall apply to the department to determine the prevailing wage rate for
2each trade or occupation required in the work under contemplation in the area in
3which the work is to be done. The department shall conduct investigations and hold
4public hearings as necessary to define the trades or occupations that are commonly
5employed on publicly funded private construction projects that are subject to this
6section and to inform itself as to the prevailing wage rates in all areas of the state
7for those trades or occupations in order to determine the prevailing wage rate for
8each trade or occupation. The department shall issue its determination within 30
9days after receiving the request and shall file the determination with the owner or
10developer applying for the determination and with the local governmental unit
11providing financial assistance for the project. For the information of the employes
12working on the project, the prevailing wage rates determined by the department, the
13prevailing hours of labor, and the provisions of subs. (2) and (9) shall be kept posted
14by the owner or developer in at least one conspicuous and easily accessible place on
15the site of the project.
AB75,730,2316
(b) The department shall, by January 1 of each year, compile the prevailing
17wage rates for each trade or occupation in each area. The compilation shall, in
18addition to the current prevailing wage rates, include future prevailing wage rates
19when those prevailing wage rates can be determined for any trade or occupation in
20any area and shall specify the effective date of those future prevailing wage rates.
21If a publicly funded private construction project that is subject to this section extends
22into more than one area there shall be but one standard of prevailing wage rates for
23the entire private construction project.
AB75,731,424
(c) In determining prevailing wage rates under par. (a) or (b), the department
25may not use data from projects that are subject to this section, s. 66.0903, 103.49, or
1103.50 or
40 USC 3142 unless the department determines that there is insufficient
2wage data in the area to determine those prevailing wage rates, in which case the
3department may use data from projects that are subject to this section, s. 66.0903,
4103.49, or 103.50 or
40 USC 3142.
AB75,731,135
(d) Any person may request a recalculation of any portion of an initial
6determination within 30 days after the initial determination date if the person
7submits evidence with the request showing that the prevailing wage rate for any
8given trade or occupation included in the initial determination does not represent the
9prevailing wage rate for that trade or occupation in the area. The evidence shall
10include wage rate information reflecting work performed by persons working in the
11contested trade or occupation in the area during the current survey period. The
12department shall affirm or modify the initial determination within 15 days after the
13date on which the department receives the request for recalculation.
AB75,732,214
(e) In addition to the recalculation under par. (d), the owner or developer that
15requested the determination under this subsection may request a review of any
16portion of the determination within 30 days after the date of issuance of the
17determination if the owner or developer submits evidence with the request showing
18that the prevailing wage rate for any given trade or occupation included in the
19determination does not represent the prevailing wage rate for that trade or
20occupation in the city, village, or town in which the proposed publicly funded private
21construction project is located. That evidence shall include wage rate information
22for the contested trade or occupation on at least 3 similar projects located in the city,
23village, or town where the proposed publicly funded private construction project is
24located on which some work has been performed during the current survey period
25and which were considered by the department in issuing its most recent compilation
1under par. (b). The department shall affirm or modify the determination within 15
2days after the date on which the department receives the request for review.
AB75,732,5
3(5) Nonapplicability. This section does not apply to any publicly funded
4private construction project for which the estimated cost of completion is less than
5$2,000.
AB75,732,12
6(6) Exemptions. The department, upon petition of any owner or developer
7contracting for a publicly funded private construction project that is subject to this
8section, shall issue an order exempting the owner or developer from applying to the
9department for a determination under sub. (4) when it is shown that the project is
10also subject to an ordinance or other enactment of a local governmental unit that sets
11forth standards, policy, procedure, and practice resulting in standards as high or
12higher than those under this section.
AB75,732,21
13(7) Compliance. (a) When the department finds that an owner or developer
14has not requested a determination under sub. (4) (a) or that an owner, developer,
15contractor, or subcontractor has not physically incorporated a determination into a
16contract or subcontract as required under sub. (2) (b) or has not notified a minor
17subcontractor of a determination in the manner prescribed by the department by
18rule promulgated under sub. (2) (b), the department shall notify the owner,
19developer, contractor, or subcontractor of the noncompliance and shall file the
20determination with the owner, developer, contractor, or subcontractor within 30 days
21after the notice.
AB75,733,222
(b) Upon completion of a publicly funded private construction project that is
23subject to this section and before receiving final payment for his or her work on the
24private construction project, each agent or subcontractor shall furnish the contractor
25with an affidavit stating that the agent or subcontractor has complied fully with the
1requirements of this section. A contractor may not authorize final payment until the
2affidavit is filed in proper form and order.
AB75,733,183
(c) Upon completion of a publicly funded private construction project that is
4subject to this section and before receiving final payment for his or her work on the
5project, each contractor shall file with the owner or developer contracting for the
6work an affidavit stating that the contractor has complied fully with the
7requirements of this section and that the contractor has received an affidavit under
8par. (b) from each of the contractor's agents and subcontractors. An owner or
9developer may not authorize a final payment until the affidavit is filed in proper form
10and order. If an owner or developer authorizes a final payment before the affidavit
11is filed in proper form and order or if the department determines, based on the
12greater weight of the credible evidence, that any person performing the work
13specified in sub. (3) has been or may have been paid less than the prevailing wage
14rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
15of the prevailing hours of labor and requests that the owner or developer withhold
16all or part of the final payment, but the owner or developer fails to do so, the owner
17or developer is liable for all back wages payable up to the amount of the final
18payment.
AB75,734,4
19(8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
20agent performing work on a publicly funded private construction project that is
21subject to this section shall keep full and accurate records clearly indicating the
22name and trade or occupation of every person performing the work described in sub.
23(3) and an accurate record of the number of hours worked by each of those persons
24and the actual wages paid for the hours worked. By no later than the end of the week
25following a week in which a contractor, subcontractor, or contractor's or
1subcontractor's agent performs work on a project that is subject to this section, the
2contractor, subcontractor, or agent shall submit to the contracting owner or
3developer a certified record of the information specified in the preceding sentence for
4that preceding week.
AB75,734,165
(b) The department or the local governmental unit providing financial
6assistance for a publicly funded private construction project may demand and
7examine, and every contractor, subcontractor, and contractor's or subcontractor's
8agent shall keep, and furnish upon request by the department or local governmental
9unit, copies of payrolls and other records and information relating to the wages paid
10to persons performing the work described in sub. (3) for work to which this section
11applies. The department may inspect records in the manner provided in ch. 103.
12Every contractor, subcontractor, or agent performing work on a publicly funded
13private construction project that is subject to this section is subject to the
14requirements of ch. 103 relating to the examination of records. Section 111.322 (2m)
15applies to discharge and other discriminatory acts arising in connection with any
16proceeding under this section.
AB75,735,817
(c) If requested by any person, the department shall inspect the payroll records
18of any contractor, subcontractor, or contractor's or subcontractor's agent performing
19work on a publicly funded private construction project that is subject to this section
20to ensure compliance with this section. In the case of a request made by a person
21performing the work specified in sub. (3), if the department finds that the contractor,
22subcontractor, or agent subject to the inspection is in compliance and that the request
23if frivolous, the department shall charge the person making the request the actual
24cost of the inspection. In the case of a request made by a person not performing the
25work specified in sub. (3), if the department finds that the contractor, subcontractor,
1or agent subject to the inspection is in compliance and that the request is frivolous,
2the department shall charge the person making the request $250 or the actual cost
3of the inspection, whichever is greater. In order to find that a request is frivolous,
4the department must find that the person making the request made the request in
5bad faith, solely for the purpose of harassing or maliciously injuring the contractor,
6subcontractor, or agent subject to the inspection, or that the person making the
7request knew, or should have known, that there was no reasonable basis for believing
8that a violation of this section had been committed.
AB75,735,149
(d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
10s. 103.005 (12) (a) does not apply to any person who fails to provide any information
11to the department to assist the department in determining prevailing wage rates
12under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other
13discriminatory acts arising in connection with any proceeding under this section,
14including proceedings under sub. (9) (a).
AB75,736,2
15(9) Liability and penalties. (a) Any contractor, subcontractor, or contractor's
16or subcontractor's agent who fails to pay the prevailing wage rate determined by the
17department under sub. (4) or who pays less than 1.5 times the hourly basic rate of
18pay for all hours worked in excess of the prevailing hours of labor is liable to any
19affected employee in the amount of his or her unpaid wages or his or her unpaid
20overtime compensation and in an additional equal amount as liquidated damages.
21An action to recover the liability may be maintained in any court of competent
22jurisdiction by any employee for and in behalf of that employee and other employees
23similarly situated. No employee may be a party plaintiff to the action unless the
24employee consents in writing to become a party and the consent is filed in the court
25in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
1addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
2and costs to be paid by the defendant.
AB75,736,63
(b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
4or contractor's or subcontractor's agent who violates this section may be fined not
5more than $200 or imprisoned for not more than 6 months or both. Each day that
6any violation continues is considered a separate offense.
AB75,736,147
2. Whoever induces any person who seeks to be or is employed on any publicly
8funded private construction project that is subject to this section to give up, waive,
9or return any part of the wages to which the person is entitled under the contract
10governing the project, or who reduces the hourly basic rate of pay normally paid to
11a person for work on a project that is not subject to this section during a week in which
12the person works both on a project that is subject to this section and on a project that
13is not subject to this section, by threat not to employ, by threat of dismissal from
14employment, or by any other means is guilty of an offense under s. 946.15 (1).
AB75,736,2415
3. Any person employed on a publicly funded private construction project that
16is subject to this section who knowingly permits a contractor, subcontractor, or
17contractor's or subcontractor's agent to pay him or her less than the prevailing wage
18rate set forth in the contract governing the project, who gives up, waives, or returns
19any part of the compensation to which he or she is entitled under the contract, or who
20gives up, waives, or returns any part of the compensation to which he or she is
21normally entitled for work on a project that is not subject to this section during a
22week in which the person works both on a project that is subject to this section and
23on a project that is not subject to this section, is guilty of an offense under s. 946.15
24(2).
AB75,737,6
14. Whoever induces any person who seeks to be or is employed on any publicly
2funded private construction project that is subject to this section to permit any part
3of the wages to which the person is entitled under the contract governing the project
4to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless
5the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is
6working on a project that is subject to
40 USC 3142.
AB75,737,127
5. Any person employed on a publicly funded private construction project that
8is subject to this section who knowingly permits any part of the wages to which he
9or she is entitled under the contract governing the project to be deducted from his or
10her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be
11permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is
12subject to
40 USC 3142.
AB75,737,1513
6. Subdivision 1. does not apply to any person who fails to provide any
14information to the department to assist the department in determining prevailing
15wage rates under sub. (4) (a) or (b).
AB75,738,4
16(10) Debarment. (a) Except as provided under pars. (b) and (c), the department
17shall notify any owner or developer applying for a determination under sub. (4) and
18any owner or developer that is exempt under sub. (6) of the names of all persons
19whom the department has found to have failed to pay the prevailing wage rate
20determined under sub. (4) or has found to have paid less than 1.5 times the hourly
21basic rate of pay for all hours worked in excess of the prevailing hours of labor at any
22time in the preceding 3 years. The department shall include with each name the
23address of the person and shall specify when the person failed to pay the prevailing
24wage rate and when the person paid less than 1.5 times the hourly basic rate of pay
25for all hours worked in excess of the prevailing hours of labor. An owner or developer
1may not award any contract to the person unless otherwise recommended by the
2department or unless 3 years have elapsed from the date on which the department
3issued its findings or date of final determination by a court of competent jurisdiction,
4whichever is later.
AB75,738,95
(b) The department may not include in a notification under par. (a) the name
6of any person on the basis of having let work to a person whom the department has
7found to have failed to pay the prevailing wage rate determined under sub. (4) or has
8found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
9in excess of the prevailing hours of labor.
AB75,738,1410
(c) This subsection does not apply to any contractor, subcontractor, or
11contractor's or subcontractor's or agent that in good faith commits a minor violation
12of this section, as determined on a case-by-case basis through administrative
13hearings with all rights to due process afforded to all parties or that has not
14exhausted or waived all appeals.
AB75,738,2415
(d) Any person submitting a bid or negotiating a contract on a publicly funded
16private construction project that is subject to this section shall, on the date on which
17the person submits the bid, identify any construction business in which the person,
18or a shareholder, officer, or partner of the person, if the person is a business, owns,
19or has owned at least a 25 percent interest on the date the person submits the bid or
20at any other time within 3 years preceding the date on which the person submits the
21bid or negotiates the contract, if the business has been found to have failed to pay the
22prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times
23the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
24labor.
AB75,738,2525
(e) The department shall promulgate rules to administer this subsection.
AB75, s. 1488
1Section
1488. 66.1039 of the statutes is created to read:
AB75,739,2
266.1039 Transit authorities. (1) Definitions. In this section:
AB75,739,33
(a) "Authority" means a transit authority created under this section.
AB75,739,54
(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
5obligations of an authority issued under this section.
AB75,739,66
(c) "Common carrier" means any of the following:
AB75,739,77
1. A common motor carrier, as defined in s. 194.01 (1).
AB75,739,88
2. A contract motor carrier, as defined in s. 194.01 (2).
AB75,739,99
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB75,739,1010
4. A water carrier, as defined in s. 195.02 (5).
AB75,739,1511
(d) "Comprehensive unified local transportation system" means a
12transportation system that is comprised of motor bus lines and any other local public
13transportation facilities, the major portion of which is located within, or the major
14portion of the service of which is supplied to the inhabitants of, the jurisdictional area
15of the authority.
AB75,739,1716
(e) "Madison metropolitan planning area" means the metropolitan planning
17area, as defined in
23 USC 134 (b) (1), that includes the city of Madison.
AB75,739,1818
(f) "Municipality" means any city, village, or town.
AB75,739,2119
(g) "Participating political subdivision" means a political subdivision that is a
20member of an authority, either from the time of creation of the authority or by later
21joining the authority.
AB75,739,2222
(h) "Political subdivision" means a municipality or county.
AB75,740,723
(i) "Transportation system" means all land, shops, structures, equipment,
24property, franchises, and rights of whatever nature required for transportation of
25passengers within the jurisdictional area of the authority and, only to the extent
1specifically authorized under this section, outside the jurisdictional area of the
2authority. "Transportation system" includes elevated railroads, subways,
3underground railroads, motor vehicles, motor buses, and any combination thereof,
4and any other form of mass transportation, but does not include transportation
5excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
6or contract operations to, from, or between points that are outside the jurisdictional
7area of the authority.
AB75,740,108
(j) "Urbanized Fox Cities metropolitan planning area" means the urbanized
9area, as defined in
23 USC 134 (b) (6), of the metropolitan planning area, as defined
10in
23 USC 134 (b) (1), that includes the city of Appleton.
AB75,740,17
11(2) Creation of transit authorities. (a)
Southeast regional transit authority.
121. The southeast regional transit authority, a public body corporate and politic and
13a separate governmental entity, is created if the governing body of Milwaukee
14County or Kenosha County, or of any municipality located in whole or in part within
15that portion of Racine County east of I 94, adopts a resolution authorizing the county
16or municipality to become a member of the authority. Once created, this authority
17may transact business and exercise any powers granted to it under this section.
AB75,740,2318
2. After an authority is created under subd. 1., any of the counties of Kenosha,
19Milwaukee, and Racine, and any municipality located in whole or in part within that
20portion of Racine County east of I 94, if the county or municipality is not already a
21member of the authority as provided under subd. 1., may join the authority created
22under subd. 1. if the governing body of the county or municipality adopts a resolution
23to join the authority.
AB75,741,3
13. If Milwaukee County or Kenosha County adopts a resolution under subd. 1.
2or 2., any municipality located in whole or in part within Milwaukee County or
3Kenosha County, respectively, shall be a member of the authority.
AB75,741,64
4. Any of the counties of Waukesha, Ozaukee, and Washington may join the
5authority created under subd. 1. if the governing body of the county adopts a
6resolution to join the authority.
AB75,741,107
5. Any municipality located in whole or in part within Waukesha County,
8Ozaukee County, or Washington County may join the authority created under subd.
91. if the governing body of the municipality adopts a resolution to join the authority
10and the board of directors of the authority approves the municipality's joinder.
AB75,741,1311
6. The jurisdictional area of the authority created under this paragraph is the
12geographic area formed by the combined territorial boundaries of any county or
13municipality that adopts a resolution under subd. 1., 2., 4., or 5.
AB75,741,1914
(b)
Dane County regional transit authority. 1. The Dane County regional
15transit authority, a public body corporate and politic and a separate governmental
16entity, is created if the governing body of Dane County adopts a resolution
17authorizing the county to become a member of the authority. Once created, this
18authority may transact business and exercise any powers granted to it under this
19section.
AB75,741,2220
2. If Dane County adopts a resolution under subd. 1., any municipality located
21in whole or in part within the Madison metropolitan planning area shall be a member
22of the authority.
AB75,742,223
3. Any municipality located in whole or in part within Dane County that is not
24located in whole or in part within the Madison metropolitan planning area may join
25the authority created under subd. 1. if the governing body of the municipality adopts
1a resolution to join the authority and the board of directors of the authority approves
2the municipality's joinder.
AB75,742,53
4. The jurisdictional area of the authority created under this paragraph is the
4geographic area formed by the Madison metropolitan planning area combined with
5the territorial boundaries of all municipalities that join the authority under subd. 3.
AB75,742,116
(c)
Fox Cities regional transit authority. 1. There is created the Fox Cities
7regional transit authority, a public body corporate and politic and a separate
8governmental entity, consisting of the counties of Outagamie, Calumet, and
9Winnebago and any municipality located in whole or in part within the urbanized
10Fox Cities metropolitan planning area. This authority may transact business and
11exercise any powers granted to it under this section.
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2. Any municipality located in whole or in part within Outagamie County,
13Calumet County, or Winnebago County that is not located in whole or in part within
14the urbanized Fox Cities metropolitan planning area may join the authority created
15under subd. 1. if the governing body of the municipality adopts a resolution to join
16the authority and the board of directors of the authority approves the municipality's
17joinder.
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3. The jurisdictional area of the authority created under this paragraph is the
19geographic area formed by the urbanized Fox Cities metropolitan planning area
20combined with the territorial boundaries of all municipalities that join the authority
21under subd. 2.
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22(3) Transit authority governance. (a) The powers of an authority shall be
23vested in its board of directors. Directors shall be appointed for 4-year terms. A
24majority of the board of directors' full authorized membership constitutes a quorum
25for the purpose of conducting the authority's business and exercising its powers.
1Action may be taken by the board of directors upon a vote of a majority of the directors
2present and voting, unless the bylaws of the authority require a larger number.
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(b) If an authority is created under sub. (2) (a), the board of directors of the
4authority consists of the following members:
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1. If Kenosha County adopts a resolution under sub. (2) (a) 1. or 2., one member
6from Kenosha County, appointed by the county executive and approved by the county
7board, and one member from the city of Kenosha, appointed by the mayor and
8approved by the common council.
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2. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one
10member from Milwaukee County, appointed by the county executive and approved
11by the county board, and one member from the city of Milwaukee, appointed by the
12mayor and approved by the common council.
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3. If the city of Racine adopts a resolution under sub. (2) (a) 1. or 2., one member
14from the city of Racine, appointed by the mayor and approved by the common council.
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4. Two members from the jurisdictional area of the authority, by the governor
16appointed. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one
17of the members appointed by the governor under this subdivision shall be from
18Milwaukee County, for any term commencing after Milwaukee County has adopted
19the resolution.
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5. One member from each county that joins the authority under sub. (2) (a) 4.,
21appointed by the county executive of the county and approved by the county board
22except that, if the county does not have an elected county executive, the member shall
23be appointed by the county board chairperson and approved by the county board.
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6. One member from each city with a population of more than 60,000 that either
25adopts a resolution under sub. (2) (a) 5. or is located in a county that has joined the
1authority under sub. (2) (a) 4., appointed by the mayor of each such city and approved
2by the common council.
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(c) If an authority is created under sub. (2) (b), the board of directors of the
4authority consists of the following members:
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1. Two members from the Madison metropolitan planning area, appointed by
6the county executive and approved by the county board.
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2. Two members appointed by the mayor of the city of Madison and approved
8by the common council.