(1) DEFINITION. In this section, “rail fixed guideway transportation system” means a public transportation system being designed, engineered, constructed, or operated that is intended to operate upon a fixed guideway, including a railway, and that is not subject to regulation by the federal railroad administration. (2) PROGRAM AND FUNDING. The department shall develop and administer a transit safety oversight program. Under the program, the department may oversee, enforce, investigate, and audit all safety aspects of rail fixed guideway transportation systems. (3) EXPENDITURES RELATED TO CERTAIN TRANSPORTATION SYSTEMS IN A FIRST CLASS CITY. The following may not incur any direct or indirect expenses, including the forfeiture of any revenue, relating to the operation or construction of a rail fixed guideway transportation system in a 1st class city unless the expense incurred or revenue forfeited will be fully reimbursed by the 1st class city: (a) Except as required to comply with the requirements under 49 USC 5329, the state. (b) An agency, as defined in s. 16.52 (7). (c) A county in which the 1st class city is located. (4) REIMBURSEMENT. If a person restricted from incurring expenses under sub. (3), with the approval of the 1st class city, incurs a direct or indirect expense, including the forfeiture of any revenue, relating to the operation or construction of a rail fixed guideway transportation system in a 1st class city, the 1st class city shall fully reimburse the person for the expense.
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