State Codes and Statutes

Statutes > Wisconsin > 59 > 59.58

59.58

59.58 Transportation.

59.58(1)

(1) Airports. The board may:

59.58(1)(a)

(a) Construct, purchase, acquire, develop, improve, extend, equip, operate and maintain airports and airport facilities and buildings, including without limitation because of enumeration, terminal buildings, hangars and parking structures and lots, and including all property that is appurtenant to or necessary for such purposes.

59.58(1)(b)

(b) Finance such projects, including necessary sites, by the issuance of revenue bonds as provided in s. 66.0621, and payable solely from the income, revenues and rentals derived from the operation of the project financed from the proceeds of the bonds. If any such project is constructed on a site owned by the county prior to the issuance of the bonds the county shall be reimbursed from the proceeds of the bonds in the amount of not less than the reasonable value of the site. The reasonable value of the site shall be determined by the board after having obtained written appraisals of value by 2 general appraisers, as defined in s. 458.01 (11), in the county having a reputation for skill and experience in appraising real estate values. Any bonds issued under this subsection shall not be included in arriving at the constitutional debt limitation.

59.58(1)(c)

(c) Operate airport projects or lease such projects in their entirety or in part, and any project may include space designed for leasing to others if the space is incidental to the purposes of the project.

59.58(2)

(2) County transit commission.

59.58(2)(a)

(a) A county in this state may 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 or is to be used chiefly for the transportation of persons and freight.

59.58(2)(b)

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

59.58(2)(c)

(c) In this subsection:

59.58(2)(c)1.

1. "Commission" means the local transit commission created hereunder.

59.58(2)(c)2.

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.

59.58(2)(d)

(d) The commission shall consist of not less than 7 members to be appointed by the board, one of whom shall be designated chairperson, except that in a county having a county executive, the executive shall make the appointments.

59.58(2)(e)

(e)

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)

(g)

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)

(j)

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)

(k)

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)1.

1. Taxicabs.

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)

(h)

59.58(3)(h)1.

1. A county may contract under s. 66.0301 to establish a joint transit commission with other municipalities, as defined under s. 66.0301 (1) (b).

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)

(j)

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)(b)7.

7. Paid training or retraining programs.

59.58(4)(b)8.

8. Signed written labor agreements.

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)

(a) In this subsection:

59.58(6)(a)1.

1. "Authority" means the regional transit authority created under this subsection.

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)

(cg) No later than October 1, 2009, the authority shall transfer to the southeastern regional transit authority under sub. (7) all revenues received under s. 59.58 (6) (cg) 1., 2007 stats., retained by the authority.

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(6)(f)

(f) The authority shall terminate on October 1, 2009.

59.58(7)

(7) Southeastern regional transit authority.

59.58(7)(a)

(a) In this subsection:

59.58(7)(a)1.

1. "Authority" means the southeastern regional transit authority created under this subsection.

59.58(7)(a)2.

2. "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued under this subsection.

59.58(7)(a)3.

3. "KRM commuter rail line" means a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee.

59.58(7)(b)

(b) There is created the southeastern regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Kenosha, Racine, and Milwaukee. This authority may transact business and exercise any powers granted to it under this subsection. The jurisdictional area of this authority is the geographic area formed by the combined territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.

59.58(7)(c)

(c)

59.58(7)(c)1.

1. The powers of the authority shall be vested in its board of directors, consisting of the following members:

59.58(7)(c)1.a.

a. Two members from Milwaukee County, appointed by the Milwaukee County board chairperson.

59.58(7)(c)1.b.

b. Two members from the city of Milwaukee, appointed by the mayor of the city of Milwaukee.

59.58(7)(c)1.c.

c. One member from Racine County, appointed by the Racine County board chairperson.

59.58(7)(c)1.d.

d. One member from the city of Racine, appointed by the mayor of the city of Racine.

59.58(7)(c)1.e.

e. One member from Kenosha County, appointed by the Kenosha County board chairperson.

59.58(7)(c)1.f.

f. One member from the city of Kenosha, appointed by the mayor of the city of Kenosha.

59.58(7)(c)1.g.

g. One member from the authority's jurisdictional area, appointed by the governor.

59.58(7)(c)2.

2. 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.

59.58(7)(d)

(d) The authority shall have all powers necessary and convenient to create, construct, and manage a KRM commuter rail line.

59.58(7)(e)

(e) The authority may impose the fees under subch. XIII of ch. 77. From the fees, the authority may do all of the following:

59.58(7)(e)1.

1. Retain not more than $2 for each transaction for administration of the authority.

59.58(7)(e)2.

2. Retain the difference between the amount of the fees imposed under subch. XIII of ch. 77 and the amount of those fees retained under subd. 1. for expenditures related to the KRM commuter rail line, including planning, construction, maintenance, operations, and engineering expenditures.

59.58(7)(f)

(f)

59.58(7)(f)1.

1. The authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.

59.58(7)(f)2.

2. The authority may issue bonds in an aggregate principal amount not to exceed $50,000,000, excluding bonds issued to refund outstanding bonds issued under this subdivision, for the purpose of providing funds for the anticipated local funding share required for initiating KRM commuter rail line service.

59.58(7)(f)3.

3. Neither the authority's board of directors nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.

59.58(7)(f)4.

4. The bonds of the authority are not a debt of the counties that comprise the authority. Neither these counties nor the state are liable for the payment of the bonds. The bonds of the authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this subdivision on the face of the bonds.

59.58(7)(f)5.

5. Bonds of the authority shall be authorized by resolution of the authority's board of directors. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment and at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of the authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes. The authority may sell the bonds at public or private sales at the price or prices determined by the authority. If a member of the authority's board of directors whose signature appears on any bonds or coupons ceases to be a member of the authority's board of directors before the delivery of such obligations, the member's signature shall, nevertheless, be valid for all purposes as if the member had remained a member until delivery of the bonds.

59.58(7)(f)6.

6. The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. The authority may issue refunding bonds at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium on the bonds, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture, or other security instruments. To the extent applicable, refunding bonds are subject to subd. 5.

59.58(7)(g)

(g) All moneys transferred under s. 59.58 (6) (cg) shall be used by the authority to assist in the planning of the KRM commuter rail line project.

59.58(7)(h)

(h) The authority's powers shall be limited to those specified in this subsection.

59.58(7)(i)

(i) The authority is the only entity in the counties of Milwaukee, Racine, and Kenosha that may submit an application to the federal transit administration in the U.S. department of transportation under the federal new starts grant program for funding for the KRM commuter rail line.

59.58(7)(j)

(j) The operator of any transit system in Kenosha County or Racine County receiving funding under s. 85.20, shall provide copies of all of their annual and long-term transit plans to the southeastern regional transit authority as these plans become available.

59.58 - ANNOT.

History: 1995 a. 201 ss. 197, 231, 386, 388, 465, 466 to 474; 1997 a. 27, 35; 1999 a. 150 s. 672; 2005 a. 25; 2007 a. 20; 2009 a. 28.

59.58 - ANNOT.

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.

State Codes and Statutes

Statutes > Wisconsin > 59 > 59.58

59.58

59.58 Transportation.

59.58(1)

(1) Airports. The board may:

59.58(1)(a)

(a) Construct, purchase, acquire, develop, improve, extend, equip, operate and maintain airports and airport facilities and buildings, including without limitation because of enumeration, terminal buildings, hangars and parking structures and lots, and including all property that is appurtenant to or necessary for such purposes.

59.58(1)(b)

(b) Finance such projects, including necessary sites, by the issuance of revenue bonds as provided in s. 66.0621, and payable solely from the income, revenues and rentals derived from the operation of the project financed from the proceeds of the bonds. If any such project is constructed on a site owned by the county prior to the issuance of the bonds the county shall be reimbursed from the proceeds of the bonds in the amount of not less than the reasonable value of the site. The reasonable value of the site shall be determined by the board after having obtained written appraisals of value by 2 general appraisers, as defined in s. 458.01 (11), in the county having a reputation for skill and experience in appraising real estate values. Any bonds issued under this subsection shall not be included in arriving at the constitutional debt limitation.

59.58(1)(c)

(c) Operate airport projects or lease such projects in their entirety or in part, and any project may include space designed for leasing to others if the space is incidental to the purposes of the project.

59.58(2)

(2) County transit commission.

59.58(2)(a)

(a) A county in this state may 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 or is to be used chiefly for the transportation of persons and freight.

59.58(2)(b)

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

59.58(2)(c)

(c) In this subsection:

59.58(2)(c)1.

1. "Commission" means the local transit commission created hereunder.

59.58(2)(c)2.

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.

59.58(2)(d)

(d) The commission shall consist of not less than 7 members to be appointed by the board, one of whom shall be designated chairperson, except that in a county having a county executive, the executive shall make the appointments.

59.58(2)(e)

(e)

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)

(g)

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)

(j)

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)

(k)

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)1.

1. Taxicabs.

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)

(h)

59.58(3)(h)1.

1. A county may contract under s. 66.0301 to establish a joint transit commission with other municipalities, as defined under s. 66.0301 (1) (b).

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)

(j)

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)(b)7.

7. Paid training or retraining programs.

59.58(4)(b)8.

8. Signed written labor agreements.

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)

(a) In this subsection:

59.58(6)(a)1.

1. "Authority" means the regional transit authority created under this subsection.

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)

(cg) No later than October 1, 2009, the authority shall transfer to the southeastern regional transit authority under sub. (7) all revenues received under s. 59.58 (6) (cg) 1., 2007 stats., retained by the authority.

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(6)(f)

(f) The authority shall terminate on October 1, 2009.

59.58(7)

(7) Southeastern regional transit authority.

59.58(7)(a)

(a) In this subsection:

59.58(7)(a)1.

1. "Authority" means the southeastern regional transit authority created under this subsection.

59.58(7)(a)2.

2. "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued under this subsection.

59.58(7)(a)3.

3. "KRM commuter rail line" means a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee.

59.58(7)(b)

(b) There is created the southeastern regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Kenosha, Racine, and Milwaukee. This authority may transact business and exercise any powers granted to it under this subsection. The jurisdictional area of this authority is the geographic area formed by the combined territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.

59.58(7)(c)

(c)

59.58(7)(c)1.

1. The powers of the authority shall be vested in its board of directors, consisting of the following members:

59.58(7)(c)1.a.

a. Two members from Milwaukee County, appointed by the Milwaukee County board chairperson.

59.58(7)(c)1.b.

b. Two members from the city of Milwaukee, appointed by the mayor of the city of Milwaukee.

59.58(7)(c)1.c.

c. One member from Racine County, appointed by the Racine County board chairperson.

59.58(7)(c)1.d.

d. One member from the city of Racine, appointed by the mayor of the city of Racine.

59.58(7)(c)1.e.

e. One member from Kenosha County, appointed by the Kenosha County board chairperson.

59.58(7)(c)1.f.

f. One member from the city of Kenosha, appointed by the mayor of the city of Kenosha.

59.58(7)(c)1.g.

g. One member from the authority's jurisdictional area, appointed by the governor.

59.58(7)(c)2.

2. 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.

59.58(7)(d)

(d) The authority shall have all powers necessary and convenient to create, construct, and manage a KRM commuter rail line.

59.58(7)(e)

(e) The authority may impose the fees under subch. XIII of ch. 77. From the fees, the authority may do all of the following:

59.58(7)(e)1.

1. Retain not more than $2 for each transaction for administration of the authority.

59.58(7)(e)2.

2. Retain the difference between the amount of the fees imposed under subch. XIII of ch. 77 and the amount of those fees retained under subd. 1. for expenditures related to the KRM commuter rail line, including planning, construction, maintenance, operations, and engineering expenditures.

59.58(7)(f)

(f)

59.58(7)(f)1.

1. The authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.

59.58(7)(f)2.

2. The authority may issue bonds in an aggregate principal amount not to exceed $50,000,000, excluding bonds issued to refund outstanding bonds issued under this subdivision, for the purpose of providing funds for the anticipated local funding share required for initiating KRM commuter rail line service.

59.58(7)(f)3.

3. Neither the authority's board of directors nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.

59.58(7)(f)4.

4. The bonds of the authority are not a debt of the counties that comprise the authority. Neither these counties nor the state are liable for the payment of the bonds. The bonds of the authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this subdivision on the face of the bonds.

59.58(7)(f)5.

5. Bonds of the authority shall be authorized by resolution of the authority's board of directors. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment and at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of the authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes. The authority may sell the bonds at public or private sales at the price or prices determined by the authority. If a member of the authority's board of directors whose signature appears on any bonds or coupons ceases to be a member of the authority's board of directors before the delivery of such obligations, the member's signature shall, nevertheless, be valid for all purposes as if the member had remained a member until delivery of the bonds.

59.58(7)(f)6.

6. The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. The authority may issue refunding bonds at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium on the bonds, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture, or other security instruments. To the extent applicable, refunding bonds are subject to subd. 5.

59.58(7)(g)

(g) All moneys transferred under s. 59.58 (6) (cg) shall be used by the authority to assist in the planning of the KRM commuter rail line project.

59.58(7)(h)

(h) The authority's powers shall be limited to those specified in this subsection.

59.58(7)(i)

(i) The authority is the only entity in the counties of Milwaukee, Racine, and Kenosha that may submit an application to the federal transit administration in the U.S. department of transportation under the federal new starts grant program for funding for the KRM commuter rail line.

59.58(7)(j)

(j) The operator of any transit system in Kenosha County or Racine County receiving funding under s. 85.20, shall provide copies of all of their annual and long-term transit plans to the southeastern regional transit authority as these plans become available.

59.58 - ANNOT.

History: 1995 a. 201 ss. 197, 231, 386, 388, 465, 466 to 474; 1997 a. 27, 35; 1999 a. 150 s. 672; 2005 a. 25; 2007 a. 20; 2009 a. 28.

59.58 - ANNOT.

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.

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Statutes > Wisconsin > 59 > 59.58

59.58

59.58 Transportation.

59.58(1)

(1) Airports. The board may:

59.58(1)(a)

(a) Construct, purchase, acquire, develop, improve, extend, equip, operate and maintain airports and airport facilities and buildings, including without limitation because of enumeration, terminal buildings, hangars and parking structures and lots, and including all property that is appurtenant to or necessary for such purposes.

59.58(1)(b)

(b) Finance such projects, including necessary sites, by the issuance of revenue bonds as provided in s. 66.0621, and payable solely from the income, revenues and rentals derived from the operation of the project financed from the proceeds of the bonds. If any such project is constructed on a site owned by the county prior to the issuance of the bonds the county shall be reimbursed from the proceeds of the bonds in the amount of not less than the reasonable value of the site. The reasonable value of the site shall be determined by the board after having obtained written appraisals of value by 2 general appraisers, as defined in s. 458.01 (11), in the county having a reputation for skill and experience in appraising real estate values. Any bonds issued under this subsection shall not be included in arriving at the constitutional debt limitation.

59.58(1)(c)

(c) Operate airport projects or lease such projects in their entirety or in part, and any project may include space designed for leasing to others if the space is incidental to the purposes of the project.

59.58(2)

(2) County transit commission.

59.58(2)(a)

(a) A county in this state may 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 or is to be used chiefly for the transportation of persons and freight.

59.58(2)(b)

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

59.58(2)(c)

(c) In this subsection:

59.58(2)(c)1.

1. "Commission" means the local transit commission created hereunder.

59.58(2)(c)2.

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.

59.58(2)(d)

(d) The commission shall consist of not less than 7 members to be appointed by the board, one of whom shall be designated chairperson, except that in a county having a county executive, the executive shall make the appointments.

59.58(2)(e)

(e)

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)

(g)

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)

(j)

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)

(k)

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)1.

1. Taxicabs.

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)

(h)

59.58(3)(h)1.

1. A county may contract under s. 66.0301 to establish a joint transit commission with other municipalities, as defined under s. 66.0301 (1) (b).

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)

(j)

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)(b)7.

7. Paid training or retraining programs.

59.58(4)(b)8.

8. Signed written labor agreements.

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)

(a) In this subsection:

59.58(6)(a)1.

1. "Authority" means the regional transit authority created under this subsection.

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)

(cg) No later than October 1, 2009, the authority shall transfer to the southeastern regional transit authority under sub. (7) all revenues received under s. 59.58 (6) (cg) 1., 2007 stats., retained by the authority.

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(6)(f)

(f) The authority shall terminate on October 1, 2009.

59.58(7)

(7) Southeastern regional transit authority.

59.58(7)(a)

(a) In this subsection:

59.58(7)(a)1.

1. "Authority" means the southeastern regional transit authority created under this subsection.

59.58(7)(a)2.

2. "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of the authority issued under this subsection.

59.58(7)(a)3.

3. "KRM commuter rail line" means a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee.

59.58(7)(b)

(b) There is created the southeastern regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Kenosha, Racine, and Milwaukee. This authority may transact business and exercise any powers granted to it under this subsection. The jurisdictional area of this authority is the geographic area formed by the combined territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.

59.58(7)(c)

(c)

59.58(7)(c)1.

1. The powers of the authority shall be vested in its board of directors, consisting of the following members:

59.58(7)(c)1.a.

a. Two members from Milwaukee County, appointed by the Milwaukee County board chairperson.

59.58(7)(c)1.b.

b. Two members from the city of Milwaukee, appointed by the mayor of the city of Milwaukee.

59.58(7)(c)1.c.

c. One member from Racine County, appointed by the Racine County board chairperson.

59.58(7)(c)1.d.

d. One member from the city of Racine, appointed by the mayor of the city of Racine.

59.58(7)(c)1.e.

e. One member from Kenosha County, appointed by the Kenosha County board chairperson.

59.58(7)(c)1.f.

f. One member from the city of Kenosha, appointed by the mayor of the city of Kenosha.

59.58(7)(c)1.g.

g. One member from the authority's jurisdictional area, appointed by the governor.

59.58(7)(c)2.

2. 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.

59.58(7)(d)

(d) The authority shall have all powers necessary and convenient to create, construct, and manage a KRM commuter rail line.

59.58(7)(e)

(e) The authority may impose the fees under subch. XIII of ch. 77. From the fees, the authority may do all of the following:

59.58(7)(e)1.

1. Retain not more than $2 for each transaction for administration of the authority.

59.58(7)(e)2.

2. Retain the difference between the amount of the fees imposed under subch. XIII of ch. 77 and the amount of those fees retained under subd. 1. for expenditures related to the KRM commuter rail line, including planning, construction, maintenance, operations, and engineering expenditures.

59.58(7)(f)

(f)

59.58(7)(f)1.

1. The authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.

59.58(7)(f)2.

2. The authority may issue bonds in an aggregate principal amount not to exceed $50,000,000, excluding bonds issued to refund outstanding bonds issued under this subdivision, for the purpose of providing funds for the anticipated local funding share required for initiating KRM commuter rail line service.

59.58(7)(f)3.

3. Neither the authority's board of directors nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.

59.58(7)(f)4.

4. The bonds of the authority are not a debt of the counties that comprise the authority. Neither these counties nor the state are liable for the payment of the bonds. The bonds of the authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this subdivision on the face of the bonds.

59.58(7)(f)5.

5. Bonds of the authority shall be authorized by resolution of the authority's board of directors. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment and at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of the authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes. The authority may sell the bonds at public or private sales at the price or prices determined by the authority. If a member of the authority's board of directors whose signature appears on any bonds or coupons ceases to be a member of the authority's board of directors before the delivery of such obligations, the member's signature shall, nevertheless, be valid for all purposes as if the member had remained a member until delivery of the bonds.

59.58(7)(f)6.

6. The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. The authority may issue refunding bonds at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium on the bonds, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture, or other security instruments. To the extent applicable, refunding bonds are subject to subd. 5.

59.58(7)(g)

(g) All moneys transferred under s. 59.58 (6) (cg) shall be used by the authority to assist in the planning of the KRM commuter rail line project.

59.58(7)(h)

(h) The authority's powers shall be limited to those specified in this subsection.

59.58(7)(i)

(i) The authority is the only entity in the counties of Milwaukee, Racine, and Kenosha that may submit an application to the federal transit administration in the U.S. department of transportation under the federal new starts grant program for funding for the KRM commuter rail line.

59.58(7)(j)

(j) The operator of any transit system in Kenosha County or Racine County receiving funding under s. 85.20, shall provide copies of all of their annual and long-term transit plans to the southeastern regional transit authority as these plans become available.

59.58 - ANNOT.

History: 1995 a. 201 ss. 197, 231, 386, 388, 465, 466 to 474; 1997 a. 27, 35; 1999 a. 150 s. 672; 2005 a. 25; 2007 a. 20; 2009 a. 28.

59.58 - ANNOT.

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.

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