59.58(2)(e)1.1. The first members of the commission shall be appointed for staggered 3-year terms. The term of office of each member thereafter appointed shall be 3 years.
59.58(2)(e)2.
2. No person holding stocks or bonds in a corporation subject to the jurisdiction of the commission, or who is in any other manner pecuniarily interested in any such corporation, shall be a member of, nor be employed by, the commission.
59.58(2)(f)
(f) The commission may appoint a secretary and employ such accountants, engineers, experts, inspectors, clerks and other employees 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.
59.58(2)(g)1.1. The 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 employees, the filing of complaints and petitions and the service of notices thereof and conduct hearings.
59.58(2)(g)2.
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 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 board.
59.58(2)(g)3.
3. The 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 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.
59.58(2)(h)
(h) The jurisdiction, powers and duties of the 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.
59.58(2)(i)
(i) The initial acquisition of the properties for the establishment of, and to comprise, the comprehensive unified local transportation system shall be subject to
s. 66.0803 or
ch. 197.
59.58(2)(j)1.1. Any county may by contract under
s. 66.0301 establish a joint municipal transit commission, in cooperation with any municipality, county or federally recognized Indian tribe or band.
59.58(2)(j)2.
2. Notwithstanding any other provision of this subsection, no joint municipal transit commission under
subd. 1. may provide service outside the corporate limits of the parties to the contract under
s. 66.0301 which establish the joint municipal transit commission unless the joint municipal transit commission receives financial support for the service under a contract with a public or private organization for the service. This 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. 66.0301 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 the service.
59.58(2)(k)1.1. In lieu of providing transportation services, a county may contract with a private organization for the services.
59.58(2)(k)2.
2. Notwithstanding any other provision of this subsection, no county may contract with a private organization to provide service outside the corporate limits of the county unless the county receives financial support for the service under a contract with a public or other private organization for the service. This subdivision does not apply to service provided under
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 the service.
59.58(2)(L)
(L) Notwithstanding any other provision of this 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 under a contract with a public or private organization for the service. This 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 the service.
59.58(3)
(3) Public transit in counties. A board may:
59.58(3)(a)
(a) Purchase and lease buses to private transit companies that operate within and outside the county.
59.58(3)(b)
(b) Apply for federal aids to purchase such buses or other facilities considered essential for operation.
59.58(3)(c)
(c) Make grants and provide subsidies to private transit companies that operate bus lines principally within the county to stabilize, preserve or enhance levels of transit service to the public.
59.58(3)(d)
(d) 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, 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":
59.58(3)(d)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 public instruction.
59.58(3)(d)3.
3. Charter or contract operations to, from or between points that are outside the county or contiguous or cornering counties.
59.58(3)(e)
(e) Acquire all of the capital stock of a corporation that owns and operates a transportation system.
59.58(3)(f)
(f) Use a public road, street or highway for the transportation of passengers for hire without obtaining a permit or license from 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.
59.58(3)(g)
(g) Upon the acquisition of a transportation system:
59.58(3)(g)1.
1. Operate and maintain it or lease it to an operator or contract for its use by an operator.
59.58(3)(g)2.
2. Contract for superintendence of the system with an organization which has personnel with the experience and skill necessary.
59.58(3)(g)3.
3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board or commission of the county notwithstanding
s. 59.84 or any other statute.
59.58(3)(g)4.
4. Maintain and improve a railroad right-of-way and improvements on the right-of-way for future use.
59.58(3)(h)2.
2. Notwithstanding any other provision of this subsection, no joint transit commission under
subd. 1. may provide service outside the corporate limits of the parties to the contract under
s. 66.0301 which establish the joint transit commission unless the joint transit commission receives financial support for the service under a contract with a public or private organization for the service. This subdivision does not apply to service provided by a joint transit commission outside the corporate limits of the parties to the contract under
s. 66.0301 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 the service.
59.58(3)(i)
(i) Paragraphs (d) to
(h) 1. shall only apply if a board by a two-thirds vote of its membership so authorizes.
59.58(3)(j)1.1. Notwithstanding any other provision of this subsection, no county which acquires a transportation system under this subsection may provide service outside the corporate limits of the county unless the county receives financial support for the service under a contract with a public or private organization for the service. This paragraph does not apply to service provided by a county outside the corporate limits of 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 the service.
59.58(3)(j)2.
2. Notwithstanding any other provision of this subsection, no county which establishes a transportation system under this subsection may contract with an operator to provide service under
par. (g) 1. outside the corporate limits of the county unless the county receives financial support for the service under a contract with a public or private organization for the service. This subdivision does not apply to service provided under
par. (g) 1. outside the corporate limits of a county 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 the service.
59.58(4)
(4) County obligations to employees of county mass transportation systems. 59.58(4)(a)(a) A board acquiring a transportation system under
sub. (3) (d) shall assume all the employer's obligations under any contract between the employees and management of the system.
59.58(4)(b)
(b) A board acquiring, constructing, controlling or operating a transportation system under
sub. (3) (d) shall negotiate an agreement protecting the interests of employees affected by the acquisition, construction, control or operation. Such agreements shall include, but are not limited to, provisions for:
59.58(4)(b)1.
1. The preservation of rights, privileges and benefits under an existing collective bargaining agreement or other agreement.
59.58(4)(b)2.
2. The preservation of rights and benefits under existing pension plans covering prior service, and continued participation in social security.
59.58(4)(b)3.
3. The continuation of collective bargaining rights.
59.58(4)(b)4.
4. The protection of individual employees 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)).
59.58(4)(b)5.
5. Assurances of employment to employees of the transportation systems and priority of reemployment of employees who are terminated or laid off.
59.58(4)(b)6.
6. Assurances of first opportunity of employment in order of seniority to employees of any nonacquired system, affected by a new, competitive or supplemental public transportation system, in unfilled nonsupervisory positions for which they can qualify after a reasonable training period.
59.58(4)(c)
(c) An agreement under
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.
59.58(4)(d)
(d) In all negotiations under this subsection, the county executive, if such office exists in the county, shall be a member of the county negotiating body.
59.58(5)
(5) Specialized transportation services. The board may coordinate specialized transportation services, as defined in
s. 85.21 (2) (g), for county residents who are disabled or are 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.
59.58(6)
(6) Regional transit authority. 59.58(6)(a)1.
1. "Authority" means the regional transit authority.
59.58(6)(a)2.
2. "Region" means the geographic area composed of the counties of Kenosha, Milwaukee, and Racine.
59.58(6)(b)
(b) The counties of Kenosha, Milwaukee, and Racine shall create a regional transit authority. The governing body of the authority shall consist of the following members:
59.58(6)(b)1.
1. Three members, one from each county in the region, appointed by the county executive of each county and approved by the county board.
59.58(6)(b)2.
2. Three members, one from the most populous city in each county in the region, appointed by the mayor of each such city and approved by the common council.
59.58(6)(b)3.
3. One member from the most populous city in the region, by the governor appointed.
59.58(6)(bm)
(bm) No action may be taken by the authority unless at least 6 members of the authority's governing body vote to approve the action.
59.58(6)(c)
(c) Notwithstanding
s. 59.84 (2), the authority shall be responsible for the coordination of transit and commuter rail programs in the region.
59.58(6)(cg)2.
2. The authority shall retain all revenues received under
subd. 1., except those expended as authorized under
par. (cr), until the authority has submitted the report specified in
par. (e) and action on the report is taken by the legislature.
59.58(6)(cr)
(cr) The authority may hire staff, conduct studies, and expend funds essential to the preparation of the report specified in
par. (e).
59.58(6)(d)
(d) The department of transportation or its designee, the southeastern Wisconsin Regional Planning Commission, or any designee of the governing body of the authority may provide administrative support services to assist the authority in fulfilling its duties.
59.58(6)(dm)
(dm) Any recipient of state funding for the planning or engineering of a commuter rail project in the region shall periodically report to the authority's governing body or staff.
59.58(6)(e)
(e) By November 15, 2008, 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:
59.58(6)(e)3.
3. A plan to improve the coordination of expanded mass transit, commuter rail, and passenger rail in the region.
59.58(6)(e)3r.
3r. A recommendation on the use of bonding for commuter rail and public transit in the region, and the role of the authority in such bonding.
59.58(6)(e)4g.
4g. A plan for the distribution among the mass transit operators in the region of any permanent regional funding specified in
subd. 5.
59.58(6)(e)4r.
4r. A recommendation as to whether the responsibilities of the authority should be limited to collection and distribution of regional transit funding or should also include operation of transit service.
59.58(6)(e)5.
5. A proposal that specifically identifies a permanent regional funding source to provide local funds for the local portion of operating and capital costs of commuter rail and public transit that are not covered by passenger fares and that considers all potential funding sources.
59.58(6)(e)6.
6. A recommendation on whether the authority should continue in existence after September 30, 2009.
59.58 Annotation
Section 59.968 (3) [now s. 59.58 (3) (c)] authorizes a county to subsidize a bus company operating a route principally located within the county, even though the route is only 5% of the company's total business. 65 Atty. Gen. 191.
FINANCE AND BUDGET
59.60
59.60
Budgetary procedure in certain counties. 59.60(1)(1)
Application. The provisions of this section shall apply to all counties with a population of 500,000 or more. Except as provided in
sub. (13), any county with a county executive or county administrator may elect to be subject to the provisions of this section.
59.60(2)
(2) Definitions. In this section:
59.60(2)(a)
(a) "Department" includes all county departments, boards, commissions, institutions, offices, and other agencies of the county government for which funds may be legally appropriated.
59.60(2)(b)
(b) "Director" means the director of the county department of administration.
59.60(3)
(3) Fiscal year. The fiscal year in every county is the calendar year.
59.60(3m)
(3m) Accounting and budgeting procedure. Every accounting and budgeting procedure that is applied under this section shall comply with generally accepted accounting principles for government as promulgated by the governmental accounting standards board or its successor bodies or other authoritative sources.
59.60(4)
(4) Submission of annual budget requests. On or before the date that the director specifies, but not later than July 15, each department shall annually submit to the director in the form that the director specifies:
59.60(4)(a)
(a) The department's estimated revenues and expenditures for the ensuing fiscal year.
