SB323,5,145 40.02 (28) “Employer" means the state, including each state agency, any
6county, city, village, town, school district, other governmental unit or
7instrumentality of 2 or more units of government now existing or hereafter created
8within the state, any federated public library system established under s. 43.19
9whose territory lies within a single county with a population of 500,000 or more, a
10local 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
12provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local
13cultural arts district created under subch. V of ch. 229. Each employer shall be a
14separate legal jurisdiction for OASDHI purposes.
SB323,8 15Section 8. 66.0301 (1) (a) of the statutes is amended to read:
SB323,6,716 66.0301 (1) (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,
18village, town, county, or school district, the opportunity schools and partnership
19programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
20schools opportunity schools and partnership program under s. 119.33, or any public
21library system, public inland lake protection and rehabilitation district, sanitary
22district, farm drainage district, metropolitan sewerage district, sewer utility district,
23solid waste management system created under s. 59.70 (2), local exposition district
24created under subch. II of ch. 229, local professional baseball park district created
25under subch. III of ch. 229, local professional football stadium district created under

1subch. 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,
3water utility district, mosquito control district, municipal electric company, county
4or city transit commission, commission created by contract under this section,
5taxation district, regional planning commission, housing authority created under s.
666.1201, redevelopment authority created under s. 66.1333, community
7development authority created under s. 66.1335, or city-county health department.
SB323,9 8Section 9. 66.0903 (1) (d) of the statutes is amended to read:
SB323,6,149 66.0903 (1) (d) “Local governmental unit" means a political subdivision of this
10state, a special purpose district in this state, an instrumentality or corporation of
11such a political subdivision or special purpose district, a combination or subunit of
12any 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.
1466.1039.
SB323,10 15Section 10. 66.1039 of the statutes is created to read:
SB323,6,16 1666.1039 Transit authorities. (1) Definitions. In this section:
SB323,6,1717 (a) “Authority" means a transit authority created under this section.
SB323,6,1918 (b) “Bonds" means any bonds, interim certificates, notes, debentures, or other
19obligations of an authority issued under this section.
SB323,6,2020 (c) “Common carrier" means any of the following:
SB323,6,2121 1. A common motor carrier, as defined in s. 194.01 (1).
SB323,6,2222 2. A contract motor carrier, as defined in s. 194.01 (2).
SB323,6,2323 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
SB323,6,2424 4. A water carrier, as defined in s. 195.02 (5).
SB323,7,5
1(d) “Comprehensive unified local transportation system" means a
2transportation system that is comprised of motor bus lines and any other local public
3transportation facilities, the major portion of which is located within, or the major
4portion of the service of which is supplied to the inhabitants of, the jurisdictional area
5of the authority.
SB323,7,66 (e) “Municipality" means any city, village, or town.
SB323,7,97 (f) “Participating political subdivision" means a political subdivision that is a
8member of an authority, either from the time of creation of the authority or by later
9joining the authority.
SB323,7,1010 (g) “Political subdivision" means a municipality or county.
SB323,7,2011 (h) “Transportation system" means all land, shops, structures, equipment,
12property, franchises, and rights of whatever nature required for transportation of
13passengers within the jurisdictional area of the authority and, only to the extent
14specifically authorized under this section, outside the jurisdictional area of the
15authority. “Transportation system" includes elevated railroads, subways,
16underground railroads, motor vehicles, motor buses, and any combination thereof,
17and any other form of mass transportation, but does not include transportation
18excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter
19or contract operations to, from, or between points that are outside the jurisdictional
20area of the authority.
SB323,8,2 21(2) Creation of transit authorities. (c) Chippewa Valley regional transit
22authority.
1. The Chippewa Valley regional transit authority, a public body corporate
23and politic and a separate governmental entity, is created if the governing body of
24Eau Claire County adopts a resolution authorizing the county to become a member
25of the authority and the resolution is ratified by the electors at a referendum held in

1Eau Claire County. Once created, this authority may transact business and exercise
2any powers granted to it under this section.
SB323,8,43 2. If an authority is created under subd. 1., any municipality located in whole
4or in part within Eau Claire County shall be a member of the authority.
SB323,8,85 3. After an authority is created under subd. 1., Chippewa County may join the
6authority created under subd. 1. if the governing body of Chippewa County adopts
7a resolution to join the authority and the resolution is ratified by the electors at a
8referendum held in Chippewa County.
SB323,8,119 4. If Chippewa County joins an authority as provided in subd. 3., any
10municipality located in whole or in part within Chippewa County shall be a member
11of the authority.
SB323,8,1512 5. The jurisdictional area of the authority created under this paragraph is the
13territorial boundaries of Eau Claire County or, if Chippewa County also joins the
14authority as provided in subd. 3., the combined territorial boundaries of Eau Claire
15County and Chippewa County.
SB323,8,2116 6. If Chippewa County joins an authority under subd. 3. after it is created, the
17authority shall provide the department of revenue with a certified copy of the
18resolution that approves the joining and the referendum results ratifying the
19resolution. The county's joining of the authority shall take effect on the first day of
20the calendar quarter that begins at least 120 days after the department receives this
21information.
SB323,9,2 22(3) Transit authority governance. (a) The powers of an authority shall be
23vested in its board of directors. Directors shall be appointed for 4-year terms. A
24majority of the board of directors' full authorized membership constitutes a quorum
25for the purpose of conducting the authority's business and exercising its powers.

1Action may be taken by the board of directors upon a vote of a majority of the directors
2present and voting, unless the bylaws of the authority require a larger number.
SB323,9,73 (d) 1. If an authority is created under sub. (2) (c), the board of directors of the
4authority shall be determined by resolution of the governing body of Eau Claire
5County or, if Chippewa County also joins the authority as provided in sub. (2) (c) 3.,
6by resolution of the governing bodies of Eau Claire County and Chippewa County,
7except that all of the following shall apply:
SB323,9,88 a. The board of directors shall consist of not more than 17 members.
SB323,9,109 b. The board of directors shall include at least 3 members from Eau Claire
10County, appointed by the county executive and approved by the county board.
SB323,9,1311 c. If Chippewa County joins the authority as provided in sub. (2) (c) 3., the board
12of directors shall include at least 3 members from Chippewa County, appointed by
13the county executive and approved by the county board.
SB323,9,1614 d. The board of directors shall include at least one member from the most
15populous city of each county that is a member, appointed by the mayor of the city and
16approved by the common council of the city.
SB323,9,1817 e. The board of directors shall include at least one member from the authority's
18jurisdictional area, appointed by the governor.
SB323,9,2319 2. If Chippewa County joins the authority as provided in sub. (2) (c) 3. and the
20governing bodies of Eau Claire County and Chippewa County are unable to agree
21upon a composition of the board of directors as specified in subd. 1., the board of
22directors of the authority shall be limited to the minimum members specified in subd.
231. b. to e.
SB323,9,2524 (fm) If any provision of this subsection provides for the appointment of a
25member of an authority's board of directors by the mayor of a city that has no mayor,

1the appointment shall instead be made by the chairperson of the common council.
2If any provision of this subsection provides for the appointment of a member of an
3authority's board of directors by the county executive of a county that has no county
4executive, the appointment shall be made by the chairperson of the county board.
SB323,10,75 (g) The bylaws of an authority shall govern its management, operations, and
6administration, consistent with the provisions of this section, and shall include
7provisions specifying all of the following:
SB323,10,88 1. The functions or services to be provided by the authority.
SB323,10,99 2. The powers, duties, and limitations of the authority.
SB323,10,1110 3. The maximum rate of the taxes that may be imposed by the authority under
11sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
SB323,10,1312 4. The composition of the board of directors of the authority, as determined
13under par. (d).
SB323,10,16 14(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
15chapter or ch. 59 or 85, an authority may do all of the following, to the extent
16authorized in the authority's bylaws:
SB323,10,1817 (a) Establish, maintain, and operate a comprehensive unified local
18transportation system primarily for the transportation of persons.
SB323,10,2119 (b) Acquire a comprehensive unified local transportation system and provide
20funds for the operation and maintenance of the system. Upon the acquisition of a
21comprehensive unified local transportation system, the authority may:
SB323,10,2322 1. Operate and maintain it or lease it to an operator or contract for its use by
23an operator.
SB323,10,2524 2. Contract for superintendence of the system with an organization that has
25personnel with the requisite experience and skill.
SB323,11,3
13. Delegate responsibility for the operation and maintenance of the system to
2an appropriate administrative officer, board, or commission of a participating
3political subdivision.
SB323,11,54 4. Maintain and improve railroad rights-of-way and improvements on these
5rights-of-way for future use.
SB323,11,76 (c) Contract with a public or private organization to provide transportation
7services in lieu of directly providing these services.
SB323,11,98 (d) Purchase and lease transportation facilities to public or private transit
9companies that operate within and outside the jurisdictional area.
SB323,11,1110 (e) Apply for federal aids to purchase transportation facilities considered
11essential for the authority's operation.
SB323,11,2012 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
13for residents who reside within the jurisdictional area and who are disabled or aged
1460 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
1542 USC 5011 (b); under ss. 49.43 to 49.499 and 85.21; and under other public funds
16administered by the county. An authority may contract with a county that is a
17participating political subdivision for the authority to provide specialized
18transportation 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
20under s. 85.21.
SB323,11,2321 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
22of, mortgage, pledge, or grant a security interest in any real or personal property or
23service.
SB323,11,2524 (h) Acquire property by condemnation using the procedure under s. 32.05 for
25the purposes set forth in this section.
SB323,12,7
1(i) Enter upon any state, county, or municipal street, road, or alley, or any public
2highway for the purpose of installing, maintaining, and operating the authority's
3facilities. Whenever the work is to be done in a state, county, or municipal highway,
4street, road, or alley, the public authority having control thereof shall be duly
5notified, and the highway, street, road, or alley shall be restored to as good a condition
6as existed before the commencement of the work with all costs incident to the work
7to be borne by the authority.
SB323,12,98 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
9facilities, and services provided by the authority.
SB323,12,1110 (k) Make, and from time to time amend and repeal, bylaws, rules, and
11regulations to carry into effect the powers and purposes of the authority.
SB323,12,1212 (L) Sue and be sued in its own name.
SB323,12,1313 (m) Have and use a corporate seal.
SB323,12,1614 (n) Employ agents, consultants, and employees; engage professional services;
15and purchase such furniture, stationery, and other supplies and materials as are
16reasonably necessary to perform its duties and exercise its powers.
SB323,12,1817 (o) Incur debts, liabilities, or obligations, including the borrowing of money and
18the issuance of bonds under subs. (7) and (10).
SB323,12,2219 (p) Invest any funds held in reserve or sinking funds, or any funds not required
20for immediate disbursement, including the proceeds from the sale of any bonds, in
21such obligations, securities, and other investments as the authority deems proper in
22accordance with s. 66.0603 (1m).
SB323,12,2423 (q) Do and perform any acts and things authorized by this section under,
24through, or by means of an agent or by contracts with any person.
SB323,13,3
1(r) Exercise any other powers that the board of directors considers necessary
2and convenient to effectuate the purposes of the authority, including providing for
3passenger safety.
SB323,13,114 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
5under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts
6a resolution to impose the taxes, or to change the rate after the taxes are imposed,
7it shall deliver a certified copy of the resolution to the department of revenue at least
8120 days before its effective date. The authority may, by adoption of a resolution by
9the board of directors, repeal the imposition of taxes under subch. V of ch. 77 and
10shall deliver a certified copy of the repeal resolution to the department of revenue at
11least 120 days before its effective date.
SB323,14,512 2. If an authority adopts a resolution to impose the tax, as provided in subd.
131., an authority shall specify to the department of revenue, as provided in this
14subdivision, the exact boundaries of the authority's jurisdictional area. If the
15boundaries are the same as the county lines on all sides of the authority's
16jurisdictional area, the resolution shall specify the county or counties that comprise
17the authority's entire jurisdictional area. If the boundaries are other than a county
18line on any side of the authority's jurisdictional area, the authority shall provide the
19department with a complete list of all the 9-digit zip codes that are entirely within
20the authority's jurisdictional area and a complete list of all the street addresses that
21are within the authority's jurisdictional area and not included in any 9-digit zip code
22that is entirely within the authority's jurisdictional area. The authority shall
23provide a certified copy of the information required under this subdivision to the
24department, in the manner, format, and layout prescribed by the department, at
25least 120 days prior to the first day of the calendar quarter before the effective date

1of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional
2area subsequently change, the authority shall submit a certified copy of the
3information required under this subdivision to the department at least 120 days
4prior to the first day of the calendar quarter before the effective date of such change,
5in the manner, format, and layout prescribed by the department.
SB323,14,136 3. Notwithstanding subd. 1., an authority created under sub. (2) (c) may not
7impose the taxes authorized under subd. 1. unless the authorizing resolution under
8sub. (2) (c) 1. and, if applicable, sub. (2) (c) 3., as well as the referendum question on
9the referendum ballot specified in sub. (2) (c) 1. and, if applicable, sub. (2) (c) 3., each
10clearly identifies the maximum rate of the taxes that may be imposed by the
11authority under subd. 1. For purposes of this subdivision, the maximum tax rates
12identified in the authorizing resolution under sub. (2) (c) 3., and the corresponding
13referendum question, are the same as those identified for purposes of sub. (2) (c) 1.
SB323,14,1814 4. If an authority created under sub. (2) (c) adopts a resolution to impose the
15taxes under subd. 1., no political subdivision that is a member of the authority may
16levy property taxes for transit purposes in excess of the amount of property taxes
17levied for transit purposes in the year before the year in which the taxes are imposed
18under subd. 1.
SB323,14,25 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
21authority has contracted for service, may provide service outside the jurisdictional
22area of the authority unless the authority receives financial support for the service
23under a contract with a public or other private organization for the service or unless
24it is necessary in order to provide service to connect residents within the authority's
25jurisdictional area to transit systems in adjacent counties.
SB323,15,9
1(b) Whenever the proposed operations of an authority would be competitive
2with the operations of a common carrier in existence prior to the time the authority
3commences operations, the authority shall coordinate proposed operations with the
4common carrier to eliminate adverse financial impact for the carrier. This
5coordination may include route overlapping, transfers, transfer points, schedule
6coordination, joint use of facilities, lease of route service, and acquisition of route and
7corollary equipment. If this coordination does not result in mutual agreement, the
8proposals of the authority and the common carrier shall be submitted to the
9department of transportation for arbitration.
SB323,15,1210 (c) In exercising its powers under sub. (4), an authority shall consider any plan
11of a metropolitan planning organization under 23 USC 134 that covers any portion
12of the authority's jurisdictional area.
SB323,15,17 13(6) Authority obligations to employees of mass transportation systems. (a)
14An authority acquiring a comprehensive unified local transportation system for the
15purpose of the authority's operation of the system shall assume all of the employer's
16obligations under any contract between the employees and management of the
17system to the extent allowed by law.
SB323,16,218 (b) An authority acquiring, constructing, controlling, or operating a
19comprehensive unified local transportation system shall negotiate an agreement
20with the representative of the labor organization that covers the employees affected
21by the acquisition, construction, control, or operation to protect the interests of
22employees affected. This agreement shall include all of the provisions identified in
23s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An
24affected employee has all the rights and the same status under subch. IV of ch. 111
25that he or she enjoyed immediately before the acquisition, construction, control, or

1operation and may not be required to serve a probationary period if he or she attained
2permanent status before the acquisition, construction, control, or operation.
SB323,16,43 (c) In all negotiations under this subsection, a senior executive officer of the
4authority shall be a member of the authority's negotiating body.
SB323,16,9 5(7) Bonds; generally. (a) An authority may issue bonds, the principal and
6interest on which are payable exclusively from all or a portion of any revenues
7received by the authority. The authority may secure its bonds by a pledge of any
8income or revenues from any operations, rent, aids, grants, subsidies, contributions,
9or other source of moneys whatsoever.
SB323,16,1110 (b) An authority may issue bonds in such principal amounts as the authority
11deems necessary.
SB323,16,1412 (c) 1. Neither the members of the board of directors of an authority nor any
13person executing the bonds is personally liable on the bonds by reason of the issuance
14of the bonds.
SB323,16,1915 2. The bonds of an authority are not a debt of the participating political
16subdivisions. Neither the participating political subdivisions nor the state are liable
17for the payment of the bonds. The bonds of any authority shall be payable only out
18of funds or properties of the authority. The bonds of the authority shall state the
19restrictions contained in this paragraph on the face of the bonds.
SB323,17,5 20(8) Issuance of bonds. (a) Bonds of an authority shall be authorized by
21resolution of the board of directors. The bonds may be issued under such a resolution
22or under a trust indenture or other security instrument. The bonds may be issued
23in one or more series and may be in the form of coupon bonds or registered bonds
24under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest
25at the rates, be in the denominations, have the rank or priority, be executed in the

1manner, be payable in the medium of payment and at the places, and be subject to
2the terms of redemption, with or without premium, as the resolution, trust
3indenture, or other security instrument provides. Bonds of an authority are issued
4for an essential public and governmental purpose and are public instrumentalities
5and, together with interest and income, are exempt from taxes.
SB323,17,76 (b) The authority may sell the bonds at public or private sales at the price or
7prices determined by the authority.
SB323,17,118 (c) If an officer whose signatures appear on any bonds or coupons ceases to be
9an officer of the authority before the delivery of the bonds or coupons, the officer's
10signature shall, nevertheless, be valid for all purposes as if the officer had remained
11in office until delivery of the bonds or coupons.
SB323,17,13 12(9) Covenants. An authority may do all of the following in connection with the
13issuance of bonds:
SB323,17,1414 (a) Covenant as to the use of any or all of its property, real or personal.
SB323,17,1615 (b) Redeem the bonds, or covenant for the redemption of the bonds, and provide
16the terms and conditions of the redemption.
SB323,17,2317 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet
18operating and maintenance expenses, renewals, and replacements of any
19transportation system, principal and debt service on bond creation and maintenance
20of any reserves required by a bond resolution, trust indenture, or other security
21instrument and to provide for any margins or coverages over and above debt service
22on the bonds that the board of directors considers desirable for the marketability of
23the bonds.
SB323,18,324 (d) Covenant as to the events of default on the bonds and the terms and
25conditions upon which the bonds shall become or may be declared due before

1maturity, as to the terms and conditions upon which this declaration and its
2consequences may be waived, and as to the consequences of default and the remedies
3of bondholders.
SB323,18,64 (e) Covenant as to the mortgage or pledge of, or the grant of a security interest
5in, any real or personal property and all or any part of the revenues of the authority
6to secure the payment of bonds, subject to any agreements with the bondholders.
SB323,18,97 (f) Covenant as to the custody, collection, securing, investment, and payment
8of any revenues, assets, moneys, funds, or property with respect to which the
9authority may have any rights or interest.
SB323,18,1210 (g) Covenant as to the purposes to which the proceeds from the sale of any bonds
11may be applied, and as to the pledge of such proceeds to secure the payment of the
12bonds.
SB323,18,1513 (h) Covenant as to limitations on the issuance of any additional bonds, the
14terms upon which additional bonds may be issued and secured, and the refunding
15of outstanding bonds.
SB323,18,1716 (i) Covenant as to the rank or priority of any bonds with respect to any lien or
17security.
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