32.02 (11) of the statutes is amended to read:
Any housing authority created under ss. 66.1201 to 66.1211; 16
redevelopment authority created under s. 66.1333; community development 17
authority created under s. 66.1335; local cultural arts district created under subch. 18
V of ch. 229, subject to s. 229.844 (4) (c); or
local exposition district created under 19
subch. II of ch. 229; or transit authority created under s. 66.1039
32.05 (1) (a) of the statutes is amended to read:
(a) Except as provided under par. (b), a county board of supervisors 22
or a county highway committee when so authorized by the county board of 23
supervisors, a city council, a village board, a town board, a sewerage commission 24
governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, 25
the secretary of transportation, a commission created by contract under s. 66.0301,
a joint local water authority created by contract under s. 66.0823, a transit authority
2created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local 3
exposition district created under subch. II of ch. 229, a local cultural arts district 4
created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a 5
community development authority under s. 66.1335 shall make an order providing 6
for the laying out, relocation and improvement of the public highway, street, alley, 7
storm and sanitary sewers, watercourses, water transmission and distribution 8
facilities, mass transit facilities, airport, or other transportation facilities, gas or 9
leachate extraction systems to remedy environmental pollution from a solid waste 10
disposal facility, housing project, redevelopment project, cultural arts facilities, 11
exposition center or exposition center facilities which shall be known as the 12
relocation order. This order shall include a map or plat showing the old and new 13
locations and the lands and interests required. A copy of the order shall, within 20 14
days after its issue, be filed with the county clerk of the county wherein the lands are 15
located or, in lieu of filing a copy of the order, a plat may be filed or recorded in 16
accordance with s. 84.095.
32.07 (2) of the statutes is amended to read:
The petitioner shall determine necessity if application is by the state 19
or any commission, department, board or other branch of state government or by a 20
city, village, town, county, school district, board, commission, public officer, 21
commission created by contract under s. 66.0301, joint local water authority under 22
s. 66.0823, transit authority created under s. 66.1039,
redevelopment authority 23
created under s. 66.1333, local exposition district created under subch. II of ch. 229, 24
local cultural arts district created under subch. V of ch. 229, housing authority 25
created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
feet in width, for a telegraph, telephone or other electric line, for the right-of-way 2
for a gas pipeline, main or service or for easements for the construction of any 3
elevated structure or subway for railroad purposes.
40.02 (28) of the statutes is amended to read:
“Employer" means the state, including each state agency, any 6
county, city, village, town, school district, other governmental unit or 7
instrumentality of 2 or more units of government now existing or hereafter created 8
within the state, any federated public library system established under s. 43.19 9
whose territory lies within a single county with a population of 500,000 or more, a 10
local exposition district created under subch. II of ch. 229, a transit authority created
11under s. 66.1039,
and a long-term care district created under s. 46.2895, except as 12
provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local 13
cultural arts district created under subch. V of ch. 229. Each employer shall be a 14
separate legal jurisdiction for OASDHI purposes.
66.0301 (1) (a) of the statutes is amended to read:
(a) Except as provided in pars. (b) and (c), in this section 17
“municipality" means the state or any department or agency thereof, or any city, 18
village, town, county, or school district, the opportunity schools and partnership 19
programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of 20
schools opportunity schools and partnership program under s. 119.33, or any public 21
library system, public inland lake protection and rehabilitation district, sanitary 22
district, farm drainage district, metropolitan sewerage district, sewer utility district, 23
solid waste management system created under s. 59.70 (2), local exposition district 24
created under subch. II of ch. 229, local professional baseball park district created 25
under subch. III of ch. 229, local professional football stadium district created under
subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, 2transit authority created under s. 66.1039,
long-term care district under s. 46.2895, 3
water utility district, mosquito control district, municipal electric company, county 4
or city transit commission, commission created by contract under this section, 5
taxation district, regional planning commission, housing authority created under s. 6
66.1201, redevelopment authority created under s. 66.1333, community 7
development authority created under s. 66.1335, or city-county health department.
66.0903 (1) (d) of the statutes is amended to read:
(d) “Local governmental unit" means a political subdivision of this 10
state, a special purpose district in this state, an instrumentality or corporation of 11
such a political subdivision or special purpose district, a combination or subunit of 12
any of the foregoing or an instrumentality of the state and any of the foregoing. 13“Local governmental unit" includes a regional transit authority created under s.
66.1039 of the statutes is created to read:
1666.1039 Transit authorities.
In this section:
(a) “Authority" means a transit authority created under this section.
(b) “Bonds" means any bonds, interim certificates, notes, debentures, or other 19
obligations of an authority issued under this section.
(c) “Common carrier" means any of the following:
1. A common motor carrier, as defined in s. 194.01 (1).
2. A contract motor carrier, as defined in s. 194.01 (2).
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
4. A water carrier, as defined in s. 195.02 (5).
(d) “Comprehensive unified local transportation system" means a 2
transportation system that is comprised of motor bus lines and any other local public 3
transportation facilities, the major portion of which is located within, or the major 4
portion of the service of which is supplied to the inhabitants of, the jurisdictional area 5
of the authority.
(e) “Municipality" means any city, village, or town.
(f) “Participating political subdivision" means a political subdivision that is a 8
member of an authority, either from the time of creation of the authority or by later 9
joining the authority.
(g) “Political subdivision" means a municipality or county.
(h) “Transportation system" means all land, shops, structures, equipment, 12
property, franchises, and rights of whatever nature required for transportation of 13
passengers within the jurisdictional area of the authority and, only to the extent 14
specifically authorized under this section, outside the jurisdictional area of the 15
authority. “Transportation system" includes elevated railroads, subways, 16
underground railroads, motor vehicles, motor buses, and any combination thereof, 17
and any other form of mass transportation, but does not include transportation 18
excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter 19
or contract operations to, from, or between points that are outside the jurisdictional 20
area of the authority.
21(2) Creation of transit authorities.
(c) Chippewa Valley regional transit
1. The Chippewa Valley regional transit authority, a public body corporate 23
and politic and a separate governmental entity, is created if the governing body of 24
Eau Claire County adopts a resolution authorizing the county to become a member 25
of the authority and the resolution is ratified by the electors at a referendum held in
Eau Claire County. Once created, this authority may transact business and exercise 2
any powers granted to it under this section.
2. If an authority is created under subd. 1., any municipality located in whole 4
or in part within Eau Claire County shall be a member of the authority.
3. After an authority is created under subd. 1., Chippewa County may join the 6
authority created under subd. 1. if the governing body of Chippewa County adopts 7
a resolution to join the authority and the resolution is ratified by the electors at a 8
referendum held in Chippewa County.
4. If Chippewa County joins an authority as provided in subd. 3., any 10
municipality located in whole or in part within Chippewa County shall be a member 11
of the authority.
5. The jurisdictional area of the authority created under this paragraph is the 13
territorial boundaries of Eau Claire County or, if Chippewa County also joins the 14
authority as provided in subd. 3., the combined territorial boundaries of Eau Claire 15
County and Chippewa County.
6. If Chippewa County joins an authority under subd. 3. after it is created, the 17
authority shall provide the department of revenue with a certified copy of the 18
resolution that approves the joining and the referendum results ratifying the 19
resolution. The county's joining of the authority shall take effect on the first day of 20
the calendar quarter that begins at least 120 days after the department receives this 21
22(3) Transit authority governance.
(a) The powers of an authority shall be 23
vested in its board of directors. Directors shall be appointed for 4-year terms. A 24
majority of the board of directors' full authorized membership constitutes a quorum 25
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 2
present and voting, unless the bylaws of the authority require a larger number.
(d) 1. If an authority is created under sub. (2) (c), the board of directors of the 4
authority shall be determined by resolution of the governing body of Eau Claire 5
County or, if Chippewa County also joins the authority as provided in sub. (2) (c) 3., 6
by resolution of the governing bodies of Eau Claire County and Chippewa County, 7
except that all of the following shall apply:
a. The board of directors shall consist of not more than 17 members.
b. The board of directors shall include at least 3 members from Eau Claire 10
County, appointed by the county executive and approved by the county board.
c. If Chippewa County joins the authority as provided in sub. (2) (c) 3., the board 12
of directors shall include at least 3 members from Chippewa County, appointed by 13
the county executive and approved by the county board.
d. The board of directors shall include at least one member from the most 15
populous city of each county that is a member, appointed by the mayor of the city and 16
approved by the common council of the city.
e. The board of directors shall include at least one member from the authority's 18
jurisdictional area, appointed by the governor.
2. If Chippewa County joins the authority as provided in sub. (2) (c) 3. and the 20
governing bodies of Eau Claire County and Chippewa County are unable to agree 21
upon a composition of the board of directors as specified in subd. 1., the board of 22
directors of the authority shall be limited to the minimum members specified in subd. 23
1. b. to e.
(fm) If any provision of this subsection provides for the appointment of a 25
member of an authority's board of directors by the mayor of a city that has no mayor,
the appointment shall instead be made by the chairperson of the common council. 2
If any provision of this subsection provides for the appointment of a member of an 3
authority's board of directors by the county executive of a county that has no county 4
executive, the appointment shall be made by the chairperson of the county board.
(g) The bylaws of an authority shall govern its management, operations, and 6
administration, consistent with the provisions of this section, and shall include 7
provisions specifying all of the following:
1. The functions or services to be provided by the authority.
2. The powers, duties, and limitations of the authority.
3. The maximum rate of the taxes that may be imposed by the authority under 11
sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
4. The composition of the board of directors of the authority, as determined 13
under par. (d).
Notwithstanding s. 59.84 (2) and any other provision of this 15
chapter or ch. 59 or 85, an authority may do all of the following, to the extent 16
authorized in the authority's bylaws:
(a) Establish, maintain, and operate a comprehensive unified local 18
transportation system primarily for the transportation of persons.
(b) Acquire a comprehensive unified local transportation system and provide 20
funds for the operation and maintenance of the system. Upon the acquisition of a 21
comprehensive unified local transportation system, the authority may:
1. Operate and maintain it or lease it to an operator or contract for its use by 23
2. Contract for superintendence of the system with an organization that has 25
personnel with the requisite experience and skill.
3. Delegate responsibility for the operation and maintenance of the system to 2
an appropriate administrative officer, board, or commission of a participating 3
4. Maintain and improve railroad rights-of-way and improvements on these 5
rights-of-way for future use.
(c) Contract with a public or private organization to provide transportation 7
services in lieu of directly providing these services.
(d) Purchase and lease transportation facilities to public or private transit 9
companies that operate within and outside the jurisdictional area.
(e) Apply for federal aids to purchase transportation facilities considered 11
essential for the authority's operation.
(f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g), 13
for residents who reside within the jurisdictional area and who are disabled or aged 14
60 or older, including services funded under 42 USC 3001
, 42 USC 5001
, and 1542 USC 5011
(b); under ss. 49.43 to 49.499 and 85.21; and under other public funds 16
administered by the county. An authority may contract with a county that is a 17
participating political subdivision for the authority to provide specialized 18
transportation services, but an authority is not an eligible applicant under s. 85.21 19
(2) (e) and may not receive payments directly from the department of transportation 20
under s. 85.21.
(g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose 22
of, mortgage, pledge, or grant a security interest in any real or personal property or 23
(h) Acquire property by condemnation using the procedure under s. 32.05 for 25
the purposes set forth in this section.
(i) Enter upon any state, county, or municipal street, road, or alley, or any public 2
highway for the purpose of installing, maintaining, and operating the authority's 3
facilities. Whenever the work is to be done in a state, county, or municipal highway, 4
street, road, or alley, the public authority having control thereof shall be duly 5
notified, and the highway, street, road, or alley shall be restored to as good a condition 6
as existed before the commencement of the work with all costs incident to the work 7
to be borne by the authority.
(j) Fix, maintain, and revise fees, rates, rents, and charges for functions, 9
facilities, and services provided by the authority.
(k) Make, and from time to time amend and repeal, bylaws, rules, and 11
regulations to carry into effect the powers and purposes of the authority.
(L) Sue and be sued in its own name.
(m) Have and use a corporate seal.
(n) Employ agents, consultants, and employees; engage professional services; 15
and purchase such furniture, stationery, and other supplies and materials as are 16
reasonably necessary to perform its duties and exercise its powers.
(o) Incur debts, liabilities, or obligations, including the borrowing of money and 18
the issuance of bonds under subs. (7) and (10).
(p) Invest any funds held in reserve or sinking funds, or any funds not required 20
for immediate disbursement, including the proceeds from the sale of any bonds, in 21
such obligations, securities, and other investments as the authority deems proper in 22
accordance with s. 66.0603 (1m).
(q) Do and perform any acts and things authorized by this section under, 24
through, or by means of an agent or by contracts with any person.
(r) Exercise any other powers that the board of directors considers necessary 2
and convenient to effectuate the purposes of the authority, including providing for 3
(s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes 5
under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts 6
a resolution to impose the taxes, or to change the rate after the taxes are imposed, 7
it shall deliver a certified copy of the resolution to the department of revenue at least 8
120 days before its effective date. The authority may, by adoption of a resolution by 9
the board of directors, repeal the imposition of taxes under subch. V of ch. 77 and 10
shall deliver a certified copy of the repeal resolution to the department of revenue at 11
least 120 days before its effective date.
2. If an authority adopts a resolution to impose the tax, as provided in subd. 13
1., an authority shall specify to the department of revenue, as provided in this 14
subdivision, the exact boundaries of the authority's jurisdictional area. If the 15
boundaries are the same as the county lines on all sides of the authority's 16
jurisdictional area, the resolution shall specify the county or counties that comprise 17
the authority's entire jurisdictional area. If the boundaries are other than a county 18
line on any side of the authority's jurisdictional area, the authority shall provide the 19
department with a complete list of all the 9-digit zip codes that are entirely within 20
the authority's jurisdictional area and a complete list of all the street addresses that 21
are within the authority's jurisdictional area and not included in any 9-digit zip code 22
that is entirely within the authority's jurisdictional area. The authority shall 23
provide a certified copy of the information required under this subdivision to the 24
department, in the manner, format, and layout prescribed by the department, at 25
least 120 days prior to the first day of the calendar quarter before the effective date
of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional 2
area subsequently change, the authority shall submit a certified copy of the 3
information required under this subdivision to the department at least 120 days 4
prior to the first day of the calendar quarter before the effective date of such change, 5
in the manner, format, and layout prescribed by the department.
3. Notwithstanding subd. 1., an authority created under sub. (2) (c) may not 7
impose the taxes authorized under subd. 1. unless the authorizing resolution under 8
sub. (2) (c) 1. and, if applicable, sub. (2) (c) 3., as well as the referendum question on 9
the referendum ballot specified in sub. (2) (c) 1. and, if applicable, sub. (2) (c) 3., each 10
clearly identifies the maximum rate of the taxes that may be imposed by the 11
authority under subd. 1. For purposes of this subdivision, the maximum tax rates 12
identified in the authorizing resolution under sub. (2) (c) 3., and the corresponding 13
referendum question, are the same as those identified for purposes of sub. (2) (c) 1.
4. If an authority created under sub. (2) (c) adopts a resolution to impose the 15
taxes under subd. 1., no political subdivision that is a member of the authority may 16
levy property taxes for transit purposes in excess of the amount of property taxes 17
levied for transit purposes in the year before the year in which the taxes are imposed 18
under subd. 1.
19(5) Limitations on authority powers.
(a) Notwithstanding sub. (4) (a), (b), (c), 20
(d), (q), and (r), no authority, and no public or private organization with which an 21
authority has contracted for service, may provide service outside the jurisdictional 22
area of the authority unless the authority receives financial support for the service 23
under a contract with a public or other private organization for the service or unless 24
it is necessary in order to provide service to connect residents within the authority's 25
jurisdictional area to transit systems in adjacent counties.
(b) Whenever the proposed operations of an authority would be competitive 2
with the operations of a common carrier in existence prior to the time the authority 3
commences operations, the authority shall coordinate proposed operations with the 4
common carrier to eliminate adverse financial impact for the carrier. This 5
coordination may include route overlapping, transfers, transfer points, schedule 6
coordination, joint use of facilities, lease of route service, and acquisition of route and 7
corollary equipment. If this coordination does not result in mutual agreement, the 8
proposals of the authority and the common carrier shall be submitted to the 9
department of transportation for arbitration.
(c) In exercising its powers under sub. (4), an authority shall consider any plan 11
of a metropolitan planning organization under 23 USC 134
that covers any portion 12
of the authority's jurisdictional area.
13(6) Authority obligations to employees of mass transportation systems.
An authority acquiring a comprehensive unified local transportation system for the 15
purpose of the authority's operation of the system shall assume all of the employer's 16
obligations under any contract between the employees and management of the 17
system to the extent allowed by law.
(b) An authority acquiring, constructing, controlling, or operating a 19
comprehensive unified local transportation system shall negotiate an agreement 20
with the representative of the labor organization that covers the employees affected 21
by the acquisition, construction, control, or operation to protect the interests of 22
employees affected. This agreement shall include all of the provisions identified in 23
s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An 24
affected employee has all the rights and the same status under subch. IV of ch. 111 25
that he or she enjoyed immediately before the acquisition, construction, control, or
operation and may not be required to serve a probationary period if he or she attained 2
permanent status before the acquisition, construction, control, or operation.
(c) In all negotiations under this subsection, a senior executive officer of the 4
authority shall be a member of the authority's negotiating body.
5(7) Bonds; generally.
(a) An authority may issue bonds, the principal and 6
interest on which are payable exclusively from all or a portion of any revenues 7
received by the authority. The authority may secure its bonds by a pledge of any 8
income or revenues from any operations, rent, aids, grants, subsidies, contributions, 9
or other source of moneys whatsoever.
(b) An authority may issue bonds in such principal amounts as the authority 11
(c) 1. Neither the members of the board of directors of an authority nor any 13
person executing the bonds is personally liable on the bonds by reason of the issuance 14
of the bonds.
2. The bonds of an authority are not a debt of the participating political 16
subdivisions. Neither the participating political subdivisions nor the state are liable 17
for the payment of the bonds. The bonds of any authority shall be payable only out 18
of funds or properties of the authority. The bonds of the authority shall state the 19
restrictions contained in this paragraph on the face of the bonds.
20(8) Issuance of bonds.
(a) Bonds of an authority shall be authorized by 21
resolution of the board of directors. The bonds may be issued under such a resolution 22
or under a trust indenture or other security instrument. The bonds may be issued 23
in one or more series and may be in the form of coupon bonds or registered bonds 24
under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest 25
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 2
the terms of redemption, with or without premium, as the resolution, trust 3
indenture, or other security instrument provides. Bonds of an authority are issued 4
for an essential public and governmental purpose and are public instrumentalities 5
and, together with interest and income, are exempt from taxes.
(b) The authority may sell the bonds at public or private sales at the price or 7
prices determined by the authority.
(c) If an officer whose signatures appear on any bonds or coupons ceases to be 9
an officer of the authority before the delivery of the bonds or coupons, the officer's 10
signature shall, nevertheless, be valid for all purposes as if the officer had remained 11
in office until delivery of the bonds or coupons.
An authority may do all of the following in connection with the 13
issuance of bonds:
(a) Covenant as to the use of any or all of its property, real or personal.
(b) Redeem the bonds, or covenant for the redemption of the bonds, and provide 16
the terms and conditions of the redemption.