SB442,5,419 32.07 (2) The petitioner shall determine necessity if application is by the state
20or any commission, department, board or other branch of state government or by a
21city, village, town, county, school district, board, commission, public officer,
22commission created by contract under s. 66.0301, joint local water authority under
23s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
24created under s. 66.1333, local exposition district created under subch. II of ch. 229,
25local cultural arts district created under subch. V of ch. 229, housing authority

1created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
2feet in width, for a telegraph, telephone or other electric line, for the right-of-way
3for a gas pipeline, main or service or for easements for the construction of any
4elevated structure or subway for railroad purposes.
SB442,7 5Section 7. 40.02 (28) of the statutes is amended to read:
SB442,5,156 40.02 (28) "Employer" means the state, including each state agency, any
7county, city, village, town, school district, other governmental unit or
8instrumentality of 2 or more units of government now existing or hereafter created
9within the state, any federated public library system established under s. 43.19
10whose territory lies within a single county with a population of 500,000 or more, a
11local exposition district created under subch. II of ch. 229, a transit authority created
12under s. 66.1039,
and a long-term care district created under s. 46.2895, except as
13provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
14cultural arts district created under subch. V of ch. 229. Each employer shall be a
15separate legal jurisdiction for OASDHI purposes.
SB442,8 16Section 8. 66.0301 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55,
17is amended to read:
SB442,6,918 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
19"municipality" means the state or any department or agency thereof, or any city,
20village, town, county, or school district, the opportunity schools and partnership
21programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
22schools opportunity schools and partnership program under s. 119.33, or any public
23library system, public inland lake protection and rehabilitation district, sanitary
24district, farm drainage district, metropolitan sewerage district, sewer utility district,
25solid waste management system created under s. 59.70 (2), local exposition district

1created under subch. II of ch. 229, local professional baseball park district created
2under subch. III of ch. 229, local professional football stadium district created under
3subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
4transit authority created under s. 66.1039, long-term care district under s. 46.2895,
5water utility district, mosquito control district, municipal electric company, county
6or city transit commission, commission created by contract under this section,
7taxation district, regional planning commission, housing authority created under s.
866.1201, redevelopment authority created under s. 66.1333, community
9development authority created under s. 66.1335, or city-county health department.
SB442,9 10Section 9. 66.0903 (1) (d) of the statutes is amended to read:
SB442,6,1611 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
12state, a special purpose district in this state, an instrumentality or corporation of
13such a political subdivision or special purpose district, a combination or subunit of
14any of the foregoing or an instrumentality of the state and any of the foregoing.
15"Local governmental unit" includes a regional transit authority created under s.
1666.1039.
SB442,10 17Section 10. 66.1039 of the statutes is created to read:
SB442,6,18 1866.1039 Transit authorities. (1) Definitions. In this section:
SB442,6,1919 (a) "Authority" means a transit authority created under this section.
SB442,6,2120 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
21obligations of an authority issued under this section.
SB442,6,2222 (c) "Common carrier" means any of the following:
SB442,6,2323 1. A common motor carrier, as defined in s. 194.01 (1).
SB442,6,2424 2. A contract motor carrier, as defined in s. 194.01 (2).
SB442,6,2525 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
SB442,7,1
14. A water carrier, as defined in s. 195.02 (5).
SB442,7,62 (d) "Comprehensive unified local transportation system" means a
3transportation system that is comprised of motor bus lines and any other local public
4transportation facilities, the major portion of which is located within, or the major
5portion of the service of which is supplied to the inhabitants of, the jurisdictional area
6of the authority.
SB442,7,77 (e) "Municipality" means any city, village, or town.
SB442,7,108 (f) "Participating political subdivision" means a political subdivision that is a
9member of an authority, either from the time of creation of the authority or by later
10joining the authority.
SB442,7,1111 (g) "Political subdivision" means a municipality or county.
SB442,7,2112 (h) "Transportation system" means all land, shops, structures, equipment,
13property, franchises, and rights of whatever nature required for transportation of
14passengers within the jurisdictional area of the authority and, only to the extent
15specifically authorized under this section, outside the jurisdictional area of the
16authority. "Transportation system" includes elevated railroads, subways,
17underground railroads, motor vehicles, motor buses, and any combination thereof,
18and any other form of mass transportation, but does not include transportation
19excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
20or contract operations to, from, or between points that are outside the jurisdictional
21area of the authority.
SB442,8,3 22(2) Creation of transit authorities. (c) Chippewa Valley regional transit
23authority.
1. The Chippewa Valley regional transit authority, a public body corporate
24and politic and a separate governmental entity, is created if the governing body of
25Eau Claire County adopts a resolution authorizing the county to become a member

1of the authority and the resolution is ratified by the electors at a referendum held in
2Eau Claire County. Once created, this authority may transact business and exercise
3any powers granted to it under this section.
SB442,8,54 2. If an authority is created under subd. 1., any municipality located in whole
5or in part within Eau Claire County shall be a member of the authority.
SB442,8,96 3. After an authority is created under subd. 1., Chippewa County may join the
7authority created under subd. 1. if the governing body of Chippewa County adopts
8a resolution to join the authority and the resolution is ratified by the electors at a
9referendum held in Chippewa County.
SB442,8,1210 4. If Chippewa County joins an authority as provided in subd. 3., any
11municipality located in whole or in part within Chippewa County shall be a member
12of the authority.
SB442,8,1613 5. The jurisdictional area of the authority created under this paragraph is the
14territorial boundaries of Eau Claire County or, if Chippewa County also joins the
15authority as provided in subd. 3., the combined territorial boundaries of Eau Claire
16County and Chippewa County.
SB442,8,2217 6. If Chippewa County joins an authority under subd. 3. after it is created, the
18authority shall provide the department of revenue with a certified copy of the
19resolution that approves the joining and the referendum results ratifying the
20resolution. The county's joining of the authority shall take effect on the first day of
21the calendar quarter that begins at least 120 days after the department receives this
22information.
SB442,9,3 23(3) Transit authority governance. (a) The powers of an authority shall be
24vested in its board of directors. Directors shall be appointed for 4-year terms. A
25majority of the board of directors' full authorized membership constitutes a quorum

1for the purpose of conducting the authority's business and exercising its powers.
2Action may be taken by the board of directors upon a vote of a majority of the directors
3present and voting, unless the bylaws of the authority require a larger number.
SB442,9,84 (d) 1. If an authority is created under sub. (2) (c), the board of directors of the
5authority shall be determined by resolution of the governing body of Eau Claire
6County or, if Chippewa County also joins the authority as provided in sub. (2) (c) 3.,
7by resolution of the governing bodies of Eau Claire County and Chippewa County,
8except that all of the following shall apply:
SB442,9,99 a. The board of directors shall consist of not more than 17 members.
SB442,9,1110 b. The board of directors shall include at least 3 members from Eau Claire
11County, appointed by the county executive and approved by the county board.
SB442,9,1412 c. If Chippewa County joins the authority as provided in sub. (2) (c) 3., the board
13of directors shall include at least 3 members from Chippewa County, appointed by
14the county executive and approved by the county board.
SB442,9,1715 d. The board of directors shall include at least one member from the most
16populous city of each county that is a member, appointed by the mayor of the city and
17approved by the common council of the city.
SB442,9,1918 e. The board of directors shall include at least one member from the authority's
19jurisdictional area, appointed by the governor.
SB442,9,2420 2. If Chippewa County joins the authority as provided in sub. (2) (c) 3. and the
21governing bodies of Eau Claire County and Chippewa County are unable to agree
22upon a composition of the board of directors as specified in subd. 1., the board of
23directors of the authority shall be limited to the minimum members specified in subd.
241. b. to e.
SB442,10,6
1(fm) If any provision of this subsection provides for the appointment of a
2member of an authority's board of directors by the mayor of a city that has no mayor,
3the appointment shall instead be made by the chairperson of the common council.
4If any provision of this subsection provides for the appointment of a member of an
5authority's board of directors by the county executive of a county that has no county
6executive, the appointment shall be made by the chairperson of the county board.
SB442,10,97 (g) The bylaws of an authority shall govern its management, operations, and
8administration, consistent with the provisions of this section, and shall include
9provisions specifying all of the following:
SB442,10,1010 1. The functions or services to be provided by the authority.
SB442,10,1111 2. The powers, duties, and limitations of the authority.
SB442,10,1312 3. The maximum rate of the taxes that may be imposed by the authority under
13sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
SB442,10,1514 4. The composition of the board of directors of the authority, as determined
15under par. (d).
SB442,10,18 16(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
17chapter or ch. 59 or 85, an authority may do all of the following, to the extent
18authorized in the authority's bylaws:
SB442,10,2019 (a) Establish, maintain, and operate a comprehensive unified local
20transportation system primarily for the transportation of persons.
SB442,10,2321 (b) Acquire a comprehensive unified local transportation system and provide
22funds for the operation and maintenance of the system. Upon the acquisition of a
23comprehensive unified local transportation system, the authority may:
SB442,10,2524 1. Operate and maintain it or lease it to an operator or contract for its use by
25an operator.
SB442,11,2
12. Contract for superintendence of the system with an organization that has
2personnel with the requisite experience and skill.
SB442,11,53 3. Delegate responsibility for the operation and maintenance of the system to
4an appropriate administrative officer, board, or commission of a participating
5political subdivision.
SB442,11,76 4. Maintain and improve railroad rights-of-way and improvements on these
7rights-of-way for future use.
SB442,11,98 (c) Contract with a public or private organization to provide transportation
9services in lieu of directly providing these services.
SB442,11,1110 (d) Purchase and lease transportation facilities to public or private transit
11companies that operate within and outside the jurisdictional area.
SB442,11,1312 (e) Apply for federal aids to purchase transportation facilities considered
13essential for the authority's operation.
SB442,11,2214 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
15for residents who reside within the jurisdictional area and who are disabled or aged
1660 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
1742 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
18administered by the county. An authority may contract with a county that is a
19participating political subdivision for the authority to provide specialized
20transportation services, but an authority is not an eligible applicant under s. 85.21
21(2) (e) and may not receive payments directly from the department of transportation
22under s. 85.21.
SB442,11,2523 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
24of, mortgage, pledge, or grant a security interest in any real or personal property or
25service.
SB442,12,2
1(h) Acquire property by condemnation using the procedure under s. 32.05 for
2the purposes set forth in this section.
SB442,12,93 (i) Enter upon any state, county, or municipal street, road, or alley, or any public
4highway for the purpose of installing, maintaining, and operating the authority's
5facilities. Whenever the work is to be done in a state, county, or municipal highway,
6street, road, or alley, the public authority having control thereof shall be duly
7notified, and the highway, street, road, or alley shall be restored to as good a condition
8as existed before the commencement of the work with all costs incident to the work
9to be borne by the authority.
SB442,12,1110 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
11facilities, and services provided by the authority.
SB442,12,1312 (k) Make, and from time to time amend and repeal, bylaws, rules, and
13regulations to carry into effect the powers and purposes of the authority.
SB442,12,1414 (L) Sue and be sued in its own name.
SB442,12,1515 (m) Have and use a corporate seal.
SB442,12,1816 (n) Employ agents, consultants, and employees, engage professional services,
17and purchase such furniture, stationery, and other supplies and materials as are
18reasonably necessary to perform its duties and exercise its powers.
SB442,12,2019 (o) Incur debts, liabilities, or obligations including the borrowing of money and
20the issuance of bonds under subs. (7) and (10).
SB442,12,2421 (p) Invest any funds held in reserve or sinking funds, or any funds not required
22for immediate disbursement, including the proceeds from the sale of any bonds, in
23such obligations, securities, and other investments as the authority deems proper in
24accordance with s. 66.0603 (1m).
SB442,13,2
1(q) Do and perform any acts and things authorized by this section under,
2through, or by means of an agent or by contracts with any person.
SB442,13,53 (r) Exercise any other powers that the board of directors considers necessary
4and convenient to effectuate the purposes of the authority, including providing for
5passenger safety.
SB442,13,136 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
7under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts
8a resolution to impose the taxes, or to change the rate after the taxes are imposed,
9it shall deliver a certified copy of the resolution to the department of revenue at least
10120 days before its effective date. The authority may, by adoption of a resolution by
11the board of directors, repeal the imposition of taxes under subch. V of ch. 77 and
12shall deliver a certified copy of the repeal resolution to the department of revenue at
13least 120 days before its effective date.
SB442,14,714 2. If an authority adopts a resolution to impose the tax, as provided in subd.
151., an authority shall specify to the department of revenue, as provided in this
16subdivision, the exact boundaries of the authority's jurisdictional area. If the
17boundaries are the same as the county lines on all sides of the authority's
18jurisdictional area, the resolution shall specify the county or counties that comprise
19the authority's entire jurisdictional area. If the boundaries are other than a county
20line on any side of the authority's jurisdictional area, the authority shall provide the
21department with a complete list of all the 9-digit zip codes that are entirely within
22the authority's jurisdictional area and a complete list of all the street addresses that
23are within the authority's jurisdictional area and not included in any 9-digit zip code
24that is entirely within the authority's jurisdictional area. The authority shall
25provide a certified copy of the information required under this subdivision to the

1department, in the manner, format, and layout prescribed by the department, at
2least 120 days prior to the first day of the calendar quarter before the effective date
3of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional
4area subsequently change, the authority shall submit a certified copy of the
5information required under this subdivision to the department at least 120 days
6prior to the first day of the calendar quarter before the effective date of such change,
7in the manner, format, and layout prescribed by the department.
SB442,14,168 3. Notwithstanding subd. 1., an authority created under sub. (2) (c) may not
9impose the taxes authorized under subd. 1. unless the authorizing resolution or
10resolutions under sub. (2) (c) 1. and, if applicable, sub. (2) (c) 3., as well as the
11referendum question on the referendum ballot specified in sub. (2) (c) 1. and, if
12applicable, sub. (2) (c) 3., each clearly identifies the maximum rate of the taxes that
13may be imposed by the authority under subd. 1. For purposes of this subdivision, the
14maximum tax rates identified in the authorizing resolution or resolutions under sub.
15(2) (c) 3., and the corresponding referendum question, are the same as those
16identified for purposes of sub. (2) (c) 1.
SB442,14,2117 4. If an authority created under sub. (2) (c) adopts a resolution to impose the
18taxes under subd. 1., no political subdivision that is a member of the authority may
19levy property taxes for transit purposes in excess of the amount of property taxes
20levied for transit purposes in the year before the year in which the taxes are imposed
21under subd. 1.
SB442,15,3 22(5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c),
23(d), (q), and (r), no authority, and no public or private organization with which an
24authority has contracted for service, may provide service outside the jurisdictional
25area of the authority unless the authority receives financial support for the service

1under a contract with a public or other private organization for the service or unless
2it is necessary in order to provide service to connect residents within the authority's
3jurisdictional area to transit systems in adjacent counties.
SB442,15,124 (b) Whenever the proposed operations of an authority would be competitive
5with the operations of a common carrier in existence prior to the time the authority
6commences operations, the authority shall coordinate proposed operations with the
7common carrier to eliminate adverse financial impact for the carrier. This
8coordination may include route overlapping, transfers, transfer points, schedule
9coordination, joint use of facilities, lease of route service, and acquisition of route and
10corollary equipment. If this coordination does not result in mutual agreement, the
11proposals of the authority and the common carrier shall be submitted to the
12department of transportation for arbitration.
SB442,15,1513 (c) In exercising its powers under sub. (4), an authority shall consider any plan
14of a metropolitan planning organization under 23 USC 134 that covers any portion
15of the authority's jurisdictional area.
SB442,15,20 16(6) Authority obligations to employees of mass transportation systems. (a)
17An authority acquiring a comprehensive unified local transportation system for the
18purpose of the authority's operation of the system shall assume all of the employer's
19obligations under any contract between the employees and management of the
20system to the extent allowed by law.
SB442,16,521 (b) An authority acquiring, constructing, controlling, or operating a
22comprehensive unified local transportation system shall negotiate an agreement
23with the representative of the labor organization that covers the employees affected
24by the acquisition, construction, control, or operation to protect the interests of
25employees affected. This agreement shall include all of the provisions identified in

1s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An
2affected employee has all the rights and the same status under subch. IV of ch. 111
3that he or she enjoyed immediately before the acquisition, construction, control, or
4operation and may not be required to serve a probationary period if he or she attained
5permanent status before the acquisition, construction, control, or operation.
SB442,16,76 (c) In all negotiations under this subsection, a senior executive officer of the
7authority shall be a member of the authority's negotiating body.
SB442,16,12 8(7) Bonds; generally. (a) An authority may issue bonds, the principal and
9interest on which are payable exclusively from all or a portion of any revenues
10received by the authority. The authority may secure its bonds by a pledge of any
11income or revenues from any operations, rent, aids, grants, subsidies, contributions,
12or other source of moneys whatsoever.
SB442,16,1413 (b) An authority may issue bonds in such principal amounts as the authority
14deems necessary.
SB442,16,1715 (c) 1. Neither the members of the board of directors of an authority nor any
16person executing the bonds is personally liable on the bonds by reason of the issuance
17of the bonds.
SB442,16,2218 2. The bonds of an authority are not a debt of the participating political
19subdivisions. Neither the participating political subdivisions nor the state are liable
20for the payment of the bonds. The bonds of any authority shall be payable only out
21of funds or properties of the authority. The bonds of the authority shall state the
22restrictions contained in this paragraph on the face of the bonds.
SB442,17,8 23(8) Issuance of bonds. (a) Bonds of an authority shall be authorized by
24resolution of the board of directors. The bonds may be issued under such a resolution
25or under a trust indenture or other security instrument. The bonds may be issued

1in one or more series and may be in the form of coupon bonds or registered bonds
2under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest
3at the rates, be in the denominations, have the rank or priority, be executed in the
4manner, be payable in the medium of payment and at the places, and be subject to
5the terms of redemption, with or without premium, as the resolution, trust
6indenture, or other security instrument provides. Bonds of an authority are issued
7for an essential public and governmental purpose and are public instrumentalities
8and, together with interest and income, are exempt from taxes.
SB442,17,109 (b) The authority may sell the bonds at public or private sales at the price or
10prices determined by the authority.
SB442,17,1411 (c) If an officer whose signatures appear on any bonds or coupons ceases to be
12an officer of the authority before the delivery of the bonds or coupons, the officer's
13signature shall, nevertheless, be valid for all purposes as if the officer had remained
14in office until delivery of the bonds or coupons.
SB442,17,16 15(9) Covenants. An authority may do all of the following in connection with the
16issuance of bonds:
SB442,17,1717 (a) Covenant as to the use of any or all of its property, real or personal.
SB442,17,1918 (b) Redeem the bonds, or covenant for the redemption of the bonds, and provide
19the terms and conditions of the redemption.
SB442,18,220 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet
21operating and maintenance expenses, renewals, and replacements of any
22transportation system, principal and debt service on bond creation and maintenance
23of any reserves required by a bond resolution, trust indenture, or other security
24instrument and to provide for any margins or coverages over and above debt service

1on the bonds that the board of directors considers desirable for the marketability of
2the bonds.
SB442,18,73 (d) Covenant as to the events of default on the bonds and the terms and
4conditions upon which the bonds shall become or may be declared due before
5maturity, as to the terms and conditions upon which this declaration and its
6consequences may be waived, and as to the consequences of default and the remedies
7of bondholders.
SB442,18,108 (e) Covenant as to the mortgage or pledge of, or the grant of a security interest
9in, any real or personal property and all or any part of the revenues of the authority
10to secure the payment of bonds, subject to any agreements with the bondholders.
SB442,18,1311 (f) Covenant as to the custody, collection, securing, investment, and payment
12of any revenues, assets, moneys, funds, or property with respect to which the
13authority may have any rights or interest.
SB442,18,1614 (g) Covenant as to the purposes to which the proceeds from the sale of any bonds
15may be applied, and as to the pledge of such proceeds to secure the payment of the
16bonds.
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