AB939: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB939, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB939, s. 2 Section 2. 20.566 (1) (gc) of the statutes is created to read:

AB939,6,9 20.566 (1) (gc) Administration of transit authority taxes. From the moneys received from the appropriation account under s. 20.835 (4) (gc), the amounts in the schedule for the purpose of administering the transit authority taxes imposed under s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the unencumbered balance in this appropriation account shall be transferred to the appropriation account under s. 20.835 (4) (gc).

AB939, s. 3 Section 3. 20.835 (4) (gc) of the statutes is created to read:

AB939,6,16 20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc), for the purpose of distribution to the transit authorities that adopt a resolution imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited to the appropriation account under s. 20.566 (1) (gc).

AB939, s. 4 Section 4. 32.05 (1) (a) of the statutes is amended to read:

AB939,7,19 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, 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 created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

AB939, s. 5 Section 5. 32.07 (2) of the statutes is amended to read:

AB939,8,6 32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority 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 for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.

AB939, s. 6 Section 6. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB939,8,18 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB939, s. 7 Section 7. 40.02 (28) of the statutes, as affected by 1999 Wisconsin Act 65 and 2007 Wisconsin Acts 20 and .... (this act), is repealed and recreated to read:

AB939,9,5 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB939, s. 8 Section 8. 59.58 (6) (title) and (a) 1. of the statutes are amended to read:

AB939,9,8 59.58 (6) (title) Regional Kenosha-Racine-Milwaukee regional transit authority.

AB939,9,10 (a) 1. "Authority" means the Kenosha-Racine-Milwaukee regional transit authority.

AB939, s. 9 Section 9. 66.0301 (1) (a) of the statutes, as affected by 2007 Wisconsin Acts 20 and 43, is amended to read:

AB939,9,25 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, or city-county health department.

AB939, s. 10 Section 10. 66.1039 of the statutes is created to read:

AB939,10,2 66.1039 Transit authorities. (1) Definitions. In this section:

AB939,10,3 (a) "Authority" means a transit authority created under this section.

AB939,10,5 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.

AB939,10,6 (c) "Common carrier" means any of the following:

AB939,10,7 1. A common motor carrier, as defined in s. 194.01 (1).

AB939,10,8 2. A contract motor carrier, as defined in s. 194.01 (2).

AB939,10,9 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).

AB939,10,10 4. A water carrier, as defined in s. 195.02 (5).

AB939,10,15 (d) "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 portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

AB939,10,19 (e) "Fixed-route transit system" means a mass transit system providing passenger rail, commuter rail, light rail, or trolley service or otherwise providing mass transit service on a fixed guideway or dedicated right-of-way, but does not include bus service in dedicated highway lanes.

AB939,10,22 (f) 1. Except as provided in subd. 2., "jurisdictional area" means the geographic area formed by the combined territorial boundaries of all participating political subdivisions.

AB939,11,2 2. For a participating political subdivision that is a county, "jurisdictional area" includes only that portion of the county that is within the territorial boundaries of municipalities in the county that are also participating political subdivisions except that, for a county containing a 1st class city, "jurisdictional area" includes the entire geographic area formed by the territorial boundaries of that county.

AB939,11,4 (g) "Municipality" means any city, village, or town except a city, village, or town located in a county containing a 1st class city.

AB939,11,7 (h) "Participating political subdivision" means a political subdivision that has adopted a resolution creating an authority or joining an established authority under this section.

AB939,11,8 (i) "Political subdivision" means a municipality or county.

AB939,11,18 (j) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.

AB939,12,2 (2) Creation of transit authorities. (a) Subject to pars. (g) to (i), the governing body of a political subdivision may, by resolution, declare the need for an authority to function in the political subdivision and may join together with one or more other political subdivisions to jointly create, by adopting identical resolutions, a public body corporate and politic in these political subdivisions. This public body shall be a separate governmental entity and shall be known as a "regional transit authority." The authority may transact business and exercise any powers granted to it under this section.

AB939,12,7 (b) Subject to par. (g) and (i), if an authority has been created under par. (a), a political subdivision may join this authority if the governing body of this political subdivision adopts a resolution identical to the resolutions creating the authority and all participating political subdivisions of the authority adopt resolutions allowing this political subdivision to join the authority.

AB939,12,9 (c) Any resolution under pars. (a) and (b) creating or joining an authority shall specify all of the following:

AB939,12,10 1. The name of the authority and a description or map of its jurisdictional area.

AB939,12,12 2. The purpose of the authority and the functions or services to be provided by the authority.

AB939,12,13 3. The powers, duties, and limitations of the authority.

AB939,12,18 4. The establishment and organization of a board of directors, in which all powers of the authority shall be vested. The resolution may permit the board of directors to create an executive committee of the board of directors to assist the board of directors in exercising its powers and duties, but these powers and duties may only be carried out by action of the board in compliance with subd. 7.

AB939,12,21 5. The number of directors, the manner of their appointment, the terms of their office, their compensation, if any, and the procedure for filling vacancies on the board of directors.

AB939,12,23 6. The manner of selection of the officers of the authority and their powers, duties, and limitations.

AB939,13,3 7. The voting requirements for action by the board of directors. At least a majority vote of the authorized directors is necessary for any action to be taken by the board of directors.

AB939,13,6 8. The duties of the board of directors, including the obligation to comply with this section and the laws of this state and with the terms of the resolutions adopted under this section.

AB939,13,8 9. Subject to sub. (14), the method of financing the formation and operation of the authority.

AB939,13,17 10. If taxes may be imposed by the authority under sub. (3) (s), the maximum rate of the taxes that may be imposed by the authority under sub. (3) (s), not to exceed the maximum rate specified in s. 77.708 (1). The rate of the taxes that may be imposed by the authority under sub. (3) (s) shall be uniform among the participating political subdivisions of the authority. The resolution shall also include a transit plan, or reference a transit plan set forth in detail elsewhere, for the authority for at least the following 5-year period, and the maximum rate of the taxes specified in the resolution as required under this subdivision may not exceed the rate determined necessary under the transit plan.

AB939,13,21 11. Subject to sub. (12), a procedure by which a participating political subdivision may withdraw from the authority and provisions for the disposition, division, or distribution of any property, assets, and obligations of the authority on withdrawal of a participating political subdivision or on dissolution of the authority.

AB939,13,25 12. Whether the authority will develop, construct, or operate a fixed-route transit system and, if so, the maximum amount of the tax rate authorized under subd. 10. that may be allocated by the authority for expenditures related to this fixed-route transit system.

AB939,14,2 13. Any limitation on, or any approval required prior to, the authority's exercise of its power of condemnation.

AB939,14,6 (d) 1. Subject to par. (e), any resolution of a county board under pars. (a) and (b), except by the board of a county containing a 1st class city, shall be approved by a two-thirds vote of the members of the county board. Except for a county containing a 1st class city, a county is not subject to subd. 2.

AB939,14,20 2. Except as provided in subd. 1. and subject to par. (e), any resolution under pars. (a) and (b) shall be approved by at least a majority vote of the members of the governing body of the political subdivision and, upon such approval, shall be ratified by the electors at a referendum held in the political subdivision. The referendum shall be submitted to the electors at the next spring or general election, if the election is more than 6 weeks after the date the political subdivision adopted the resolution or, if there are 6 weeks or less before the election, at the next election thereafter. The governing body of the political subdivision may not order a special election for the purpose of voting on the referendum. The referendum question on the referendum ballot shall include the maximum tax rate under par. (c) 10. specified in the resolution approved by the governing body of the political subdivision. If the resolution creating or joining an authority is approved in the referendum, the resolution may take effect. If the resolution creating or joining an authority is not approved in the referendum, the resolution may not take effect.

AB939,14,23 (e) At least 30 days before approving a resolution under par. (a) or (b), the governing body of a political subdivision shall hold a public hearing on the resolution. Notice of the hearing shall be published as a class 3 notice under ch. 985.

AB939,14,25 (f) A political subdivision may not be a participating political subdivision in more than one authority.

AB939,15,3 (g) If an authority created under par. (a) includes as a participating political subdivision a county, the authority shall also include at least one municipality within that county. This paragraph does not apply to a county containing a 1st class city.

AB939,15,8 (h) An authority may not be created under par. (a) unless the combined population of all participating political subdivisions of the authority is at least 50,000. In calculating the combined population under this paragraph, the population of a county may not be considered unless the county contains a 1st class city.

AB939,15,10 (i) An authority may not develop, construct, or operate a fixed-route transit system unless all of the following apply:

AB939,15,13 1. Any resolution under par. (a) or (b) authorizes the authority to develop, construct, or operate a fixed-route transit system and each requirement under par. (c) 12. is satisfied.

AB939,15,19 2. The referendum question specified in par. (d) 2. is a single question and, in addition to including the information specified in par. (d) 2., states that the authority is authorized to develop, construct, or operate a fixed-route transit system and includes the maximum amount of the authorized tax rate that may be allocated by the authority for expenditures related to this fixed-route transit system, as specified in the resolution approved by the governing body of the political subdivision.

AB939,15,23 3. Notwithstanding par. (h), the combined population of all participating political subdivisions of the authority is at least 375,000. In calculating the combined population under this subdivision, the population of a county may not be considered unless the county contains a 1st class city.

AB939,15,25 4. The authority includes at least 5 participating political subdivisions having a population of at least 10,000 each.

AB939,16,13 (j) 1. Subject to subd. 2., if an authority has been created under this subsection, the participating political subdivisions of the authority may amend or modify their original resolutions creating or joining the authority if, after any amendment or modification, the resolutions of all participating political subdivisions of the authority remain identical and continue to satisfy the requirements under this section for the creation of an authority, except the requirement under par. (e). Any such amendment or modification of the original resolutions creating or joining the authority does not create a new authority unless specifically provided otherwise in the amendment or modification, even if the amendment or modification is undertaken for the purpose of including additional participating political subdivisions in the authority. No resolution may be amended or modified unless, at the time of the amendment or modification, the requirements under par. (h) and, if applicable, under par. (i) 3. and 4., continue to be satisfied.

AB939,16,16 2. The amendment or modification under subd. 1. of the original resolutions creating or joining an authority is not subject to ratification by referendum under par. (d) 2. unless the amendment or modification includes any of the following:

AB939,16,19 a. A change to the tax rate specified in par. (c) 10. The amendment or modification under this subd. 2. a. may not take effect unless it is approved in the referendum in each participating political subdivision of the authority.

AB939,17,2 b. If the original resolutions creating or joining the authority did not include the authorization under par. (i) 1., the addition of authorization to develop, construct, or operate a fixed-route transit system under par. (i) 1. The amendment or modification under this subd. 2. b. may not take effect unless the requirements under par. (i) are satisfied and the amendment or modification is approved in the referendum in at least 5 participating political subdivisions of the authority having a population of at least 10,000 each.

AB939,17,5 (3) Powers. Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, but subject to sub. (2) (c) 13. and (i), an authority may do all of the following:

AB939,17,7 (a) Establish, maintain, and operate a comprehensive unified local transportation system primarily for the transportation of persons.

AB939,17,11 (b) Acquire a comprehensive unified local transportation system by purchase, condemnation under s. 32.05, or otherwise and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transportation system, the authority may:

AB939,17,13 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

AB939,17,15 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

AB939,17,18 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

AB939,17,20 4. Maintain and improve railroad rights-of-way and improvements on these rights-of-way for future use.

AB939,17,22 (c) Contract with a public or private organization to provide transportation services in lieu of directly providing these services.

AB939,17,24 (d) Purchase and lease transportation facilities to public or private transit companies that operate within and outside the jurisdictional area.

AB939,18,2 (e) Apply for federal aids to purchase transportation facilities considered essential for the authority's operation.

AB939,18,11 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g), for residents who reside within the jurisdictional area and who are disabled or 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. An authority may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but an authority is not an eligible applicant under s. 85.21 (2) (e) and may not receive payments directly from the department of transportation under s. 85.21.

AB939,18,14 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property or service.

AB939,18,16 (h) Acquire property by condemnation using the procedure under s. 32.05 for the purposes set forth in this section.

AB939,18,23 (i) Enter upon any state, county, or municipal street, road, or alley, or any public highway for the purpose of installing, maintaining, and operating the authority's facilities. Whenever the work is to be done in a state, county, or municipal highway, street, road, or alley, the public authority having control thereof shall be duly notified, and the highway, street, road, or alley shall be restored to as good a condition as existed before the commencement of the work with all costs incident to the work to be borne by the authority.

AB939,18,25 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions, facilities, and services provided by the authority.

AB939,19,2 (k) Make, and from time to time amend and repeal, bylaws, rules, and regulations to carry into effect the powers and purposes of the authority.

AB939,19,3 (L) Sue and be sued in its own name.

AB939,19,4 (m) Have and use a corporate seal.

AB939,19,7 (n) Employ agents, consultants, and employees, engage professional services, and purchase such furniture, stationery, and other supplies and materials as are reasonably necessary to perform its duties and exercise its powers.

AB939,19,9 (o) Incur debts, liabilities, or obligations including the borrowing of money and the issuance of bonds under subs. (6) and (9).

AB939,19,13 (p) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities, and other investments as the authority deems proper in accordance with s. 66.0603 (1m).

AB939,19,15 (q) Do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person.