The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB939, s. 1
1Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB939, s. 2
3Section
2. 20.566 (1) (gc) of the statutes is created to read:
AB939,6,94
20.566
(1) (gc)
Administration of transit authority taxes. From the moneys
5received from the appropriation account under s. 20.835 (4) (gc), the amounts in the
6schedule for the purpose of administering the transit authority taxes imposed under
7s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the
8unencumbered balance in this appropriation account shall be transferred to the
9appropriation account under s. 20.835 (4) (gc).
AB939, s. 3
10Section
3. 20.835 (4) (gc) of the statutes is created to read:
AB939,6,1611
20.835
(4) (gc)
Transit authority taxes. All moneys received from the taxes
12imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc),
13for the purpose of distribution to the transit authorities that adopt a resolution
14imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues
15collected under subch. V of ch. 77 shall be credited to the appropriation account under
16s. 20.566 (1) (gc).
AB939, s. 4
17Section
4. 32.05 (1) (a) of the statutes is amended to read:
AB939,7,1918
32.05
(1) (a) Except as provided under par. (b), a county board of supervisors
19or a county highway committee when so authorized by the county board of
1supervisors, a city council, a village board, a town board, a sewerage commission
2governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
3the secretary of transportation, a commission created by contract under s. 66.0301,
4a joint local water authority created by contract under s. 66.0823,
a transit authority
5created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local
6exposition district created under subch. II of ch. 229, a local cultural arts district
7created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
8community development authority under s. 66.1335 shall make an order providing
9for the laying out, relocation and improvement of the public highway, street, alley,
10storm and sanitary sewers, watercourses, water transmission and distribution
11facilities, mass transit facilities, airport, or other transportation facilities, gas or
12leachate extraction systems to remedy environmental pollution from a solid waste
13disposal facility, housing project, redevelopment project, cultural arts facilities,
14exposition center or exposition center facilities which shall be known as the
15relocation order. This order shall include a map or plat showing the old and new
16locations and the lands and interests required. A copy of the order shall, within 20
17days after its issue, be filed with the county clerk of the county wherein the lands are
18located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
19accordance with s. 84.095.
AB939, s. 5
20Section
5. 32.07 (2) of the statutes is amended to read:
AB939,8,621
32.07
(2) The petitioner shall determine necessity if application is by the state
22or any commission, department, board or other branch of state government or by a
23city, village, town, county, school district, board, commission, public officer,
24commission created by contract under s. 66.0301, joint local water authority under
25s. 66.0823,
transit authority created under s. 66.1039, redevelopment authority
1created under s. 66.1333, local exposition district created under subch. II of ch. 229,
2local cultural arts district created under subch. V of ch. 229, housing authority
3created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
4feet in width, for a telegraph, telephone or other electric line, for the right-of-way
5for a gas pipeline, main or service or for easements for the construction of any
6elevated structure or subway for railroad purposes.
AB939,8,189
40.02
(28) "Employer" means the state, including each state agency, any
10county, city, village, town, school district, other governmental unit or
11instrumentality of 2 or more units of government now existing or hereafter created
12within the state, any federated public library system established under s. 43.19
13whose territory lies within a single county with a population of 500,000 or more, a
14local exposition district created under subch. II of ch. 229
, a transit authority created
15under s. 66.1039, and a long-term care district created under s. 46.2895, except as
16provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include
17a local cultural arts district created under subch. V of ch. 229. Each employer shall
18be a separate legal jurisdiction for OASDHI purposes.
AB939,9,521
40.02
(28) "Employer" means the state, including each state agency, any
22county, city, village, town, school district, other governmental unit or
23instrumentality of 2 or more units of government now existing or hereafter created
24within the state, any federated public library system established under s. 43.19
25whose territory lies within a single county with a population of 500,000 or more, a
1local exposition district created under subch. II of ch. 229, a transit authority created
2under s. 66.1039, and a long-term care district created under s. 46.2895, except as
3provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
4cultural arts district created under subch. V of ch. 229. Each employer shall be a
5separate legal jurisdiction for OASDHI purposes.
AB939, s. 8
6Section
8. 59.58 (6) (title) and (a) 1. of the statutes are amended to read:
AB939,9,87
59.58
(6) (title)
Regional
Kenosha-Racine-Milwaukee regional transit
8authority.
AB939,9,109
(a) 1. "Authority" means the
Kenosha-Racine-Milwaukee regional transit
10authority.
AB939,9,2513
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
14"municipality" means the state or any department or agency thereof, or any city,
15village, town, county, school district, public library system, public inland lake
16protection and rehabilitation district, sanitary district, farm drainage district,
17metropolitan sewerage district, sewer utility district, solid waste management
18system created under s. 59.70 (2), local exposition district created under subch. II of
19ch. 229, local professional baseball park district created under subch. III of ch. 229,
20local professional football stadium district created under subch. IV of ch. 229,
a local
21cultural arts district created under subch. V of ch. 229,
transit authority created
22under s. 66.1039, long-term care district under s. 46.2895, water utility district,
23mosquito control district, municipal electric company, county or city transit
24commission, commission created by contract under this section, taxation district,
25regional planning commission, or city-county health department.
AB939, s. 10
1Section
10. 66.1039 of the statutes is created to read:
AB939,10,2
266.1039 Transit authorities. (1) Definitions. In this section:
AB939,10,33
(a) "Authority" means a transit authority created under this section.
AB939,10,54
(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
5obligations of an authority issued under this section.
AB939,10,66
(c) "Common carrier" means any of the following:
AB939,10,77
1. A common motor carrier, as defined in s. 194.01 (1).
AB939,10,88
2. A contract motor carrier, as defined in s. 194.01 (2).
AB939,10,99
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB939,10,1010
4. A water carrier, as defined in s. 195.02 (5).
AB939,10,1511
(d) "Comprehensive unified local transportation system" means a
12transportation system that is comprised of motor bus lines and any other local public
13transportation facilities, the major portion of which is located within, or the major
14portion of the service of which is supplied to the inhabitants of, the jurisdictional area
15of the authority.
AB939,10,1916
(e) "Fixed-route transit system" means a mass transit system providing
17passenger rail, commuter rail, light rail, or trolley service or otherwise providing
18mass transit service on a fixed guideway or dedicated right-of-way, but does not
19include bus service in dedicated highway lanes.
AB939,10,2220
(f) 1. Except as provided in subd. 2., "jurisdictional area" means the geographic
21area formed by the combined territorial boundaries of all participating political
22subdivisions.
AB939,11,223
2. For a participating political subdivision that is a county, "jurisdictional area"
24includes only that portion of the county that is within the territorial boundaries of
25municipalities in the county that are also participating political subdivisions except
1that, for a county containing a 1st class city, "jurisdictional area" includes the entire
2geographic area formed by the territorial boundaries of that county.
AB939,11,43
(g) "Municipality" means any city, village, or town except a city, village, or town
4located in a county containing a 1st class city.
AB939,11,75
(h) "Participating political subdivision" means a political subdivision that has
6adopted a resolution creating an authority or joining an established authority under
7this section.
AB939,11,88
(i) "Political subdivision" means a municipality or county.
AB939,11,189
(j) "Transportation system" means all land, shops, structures, equipment,
10property, franchises, and rights of whatever nature required for transportation of
11passengers within the jurisdictional area of the authority and, only to the extent
12specifically authorized under this section, outside the jurisdictional area of the
13authority. "Transportation system" includes elevated railroads, subways,
14underground railroads, motor vehicles, motor buses, and any combination thereof,
15and any other form of mass transportation, but does not include transportation
16excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
17or contract operations to, from, or between points that are outside the jurisdictional
18area of the authority.
AB939,12,2
19(2) Creation of transit authorities. (a) Subject to pars. (g) to (i), the governing
20body of a political subdivision may, by resolution, declare the need for an authority
21to function in the political subdivision and may join together with one or more other
22political subdivisions to jointly create, by adopting identical resolutions, a public
23body corporate and politic in these political subdivisions. This public body shall be
24a separate governmental entity and shall be known as a "regional transit authority."
1The authority may transact business and exercise any powers granted to it under
2this section.
AB939,12,73
(b) Subject to par. (g) and (i), if an authority has been created under par. (a),
4a political subdivision may join this authority if the governing body of this political
5subdivision adopts a resolution identical to the resolutions creating the authority
6and all participating political subdivisions of the authority adopt resolutions
7allowing this political subdivision to join the authority.
AB939,12,98
(c) Any resolution under pars. (a) and (b) creating or joining an authority shall
9specify all of the following:
AB939,12,1010
1. The name of the authority and a description or map of its jurisdictional area.
AB939,12,1211
2. The purpose of the authority and the functions or services to be provided by
12the authority.
AB939,12,1313
3. The powers, duties, and limitations of the authority.
AB939,12,1814
4. The establishment and organization of a board of directors, in which all
15powers of the authority shall be vested. The resolution may permit the board of
16directors to create an executive committee of the board of directors to assist the board
17of directors in exercising its powers and duties, but these powers and duties may only
18be carried out by action of the board in compliance with subd. 7.
AB939,12,2119
5. The number of directors, the manner of their appointment, the terms of their
20office, their compensation, if any, and the procedure for filling vacancies on the board
21of directors.
AB939,12,2322
6. The manner of selection of the officers of the authority and their powers,
23duties, and limitations.
AB939,13,3
17. The voting requirements for action by the board of directors. At least a
2majority vote of the authorized directors is necessary for any action to be taken by
3the board of directors.
AB939,13,64
8. The duties of the board of directors, including the obligation to comply with
5this section and the laws of this state and with the terms of the resolutions adopted
6under this section.
AB939,13,87
9. Subject to sub. (14), the method of financing the formation and operation of
8the authority.
AB939,13,179
10. If taxes may be imposed by the authority under sub. (3) (s), the maximum
10rate of the taxes that may be imposed by the authority under sub. (3) (s), not to exceed
11the maximum rate specified in s. 77.708 (1). The rate of the taxes that may be
12imposed by the authority under sub. (3) (s) shall be uniform among the participating
13political subdivisions of the authority. The resolution shall also include a transit
14plan, or reference a transit plan set forth in detail elsewhere, for the authority for at
15least the following 5-year period, and the maximum rate of the taxes specified in the
16resolution as required under this subdivision may not exceed the rate determined
17necessary under the transit plan.
AB939,13,2118
11. Subject to sub. (12), a procedure by which a participating political
19subdivision may withdraw from the authority and provisions for the disposition,
20division, or distribution of any property, assets, and obligations of the authority on
21withdrawal of a participating political subdivision or on dissolution of the authority.
AB939,13,2522
12. Whether the authority will develop, construct, or operate a fixed-route
23transit system and, if so, the maximum amount of the tax rate authorized under
24subd. 10. that may be allocated by the authority for expenditures related to this
25fixed-route transit system.
AB939,14,2
113. Any limitation on, or any approval required prior to, the authority's exercise
2of its power of condemnation.
AB939,14,63
(d) 1. Subject to par. (e), any resolution of a county board under pars. (a) and
4(b), except by the board of a county containing a 1st class city, shall be approved by
5a two-thirds vote of the members of the county board. Except for a county containing
6a 1st class city, a county is not subject to subd. 2.
AB939,14,207
2. Except as provided in subd. 1. and subject to par. (e), any resolution under
8pars. (a) and (b) shall be approved by at least a majority vote of the members of the
9governing body of the political subdivision and, upon such approval, shall be ratified
10by the electors at a referendum held in the political subdivision. The referendum
11shall be submitted to the electors at the next spring or general election, if the election
12is more than 6 weeks after the date the political subdivision adopted the resolution
13or, if there are 6 weeks or less before the election, at the next election thereafter. The
14governing body of the political subdivision may not order a special election for the
15purpose of voting on the referendum. The referendum question on the referendum
16ballot shall include the maximum tax rate under par. (c) 10. specified in the
17resolution approved by the governing body of the political subdivision. If the
18resolution creating or joining an authority is approved in the referendum, the
19resolution may take effect. If the resolution creating or joining an authority is not
20approved in the referendum, the resolution may not take effect.
AB939,14,2321
(e) At least 30 days before approving a resolution under par. (a) or (b), the
22governing body of a political subdivision shall hold a public hearing on the resolution.
23Notice of the hearing shall be published as a class 3 notice under ch. 985.
AB939,14,2524
(f) A political subdivision may not be a participating political subdivision in
25more than one authority.
AB939,15,3
1(g) If an authority created under par. (a) includes as a participating political
2subdivision a county, the authority shall also include at least one municipality within
3that county. This paragraph does not apply to a county containing a 1st class city.
AB939,15,84
(h) An authority may not be created under par. (a) unless the combined
5population of all participating political subdivisions of the authority is at least
650,000. In calculating the combined population under this paragraph, the
7population of a county may not be considered unless the county contains a 1st class
8city.
AB939,15,109
(i) An authority may not develop, construct, or operate a fixed-route transit
10system unless all of the following apply:
AB939,15,1311
1. Any resolution under par. (a) or (b) authorizes the authority to develop,
12construct, or operate a fixed-route transit system and each requirement under par.
13(c) 12. is satisfied.
AB939,15,1914
2. The referendum question specified in par. (d) 2. is a single question and, in
15addition to including the information specified in par. (d) 2., states that the authority
16is authorized to develop, construct, or operate a fixed-route transit system and
17includes the maximum amount of the authorized tax rate that may be allocated by
18the authority for expenditures related to this fixed-route transit system, as specified
19in the resolution approved by the governing body of the political subdivision.
AB939,15,2320
3. Notwithstanding par. (h), the combined population of all participating
21political subdivisions of the authority is at least 375,000. In calculating the combined
22population under this subdivision, the population of a county may not be considered
23unless the county contains a 1st class city.
AB939,15,2524
4. The authority includes at least 5 participating political subdivisions having
25a population of at least 10,000 each.
AB939,16,13
1(j) 1. Subject to subd. 2., if an authority has been created under this subsection,
2the participating political subdivisions of the authority may amend or modify their
3original resolutions creating or joining the authority if, after any amendment or
4modification, the resolutions of all participating political subdivisions of the
5authority remain identical and continue to satisfy the requirements under this
6section for the creation of an authority, except the requirement under par. (e). Any
7such amendment or modification of the original resolutions creating or joining the
8authority does not create a new authority unless specifically provided otherwise in
9the amendment or modification, even if the amendment or modification is
10undertaken for the purpose of including additional participating political
11subdivisions in the authority. No resolution may be amended or modified unless, at
12the time of the amendment or modification, the requirements under par. (h) and, if
13applicable, under par. (i) 3. and 4., continue to be satisfied.
AB939,16,1614
2. The amendment or modification under subd. 1. of the original resolutions
15creating or joining an authority is not subject to ratification by referendum under
16par. (d) 2. unless the amendment or modification includes any of the following:
AB939,16,1917
a. A change to the tax rate specified in par. (c) 10. The amendment or
18modification under this subd. 2. a. may not take effect unless it is approved in the
19referendum in each participating political subdivision of the authority.
AB939,17,220
b. If the original resolutions creating or joining the authority did not include
21the authorization under par. (i) 1., the addition of authorization to develop, construct,
22or operate a fixed-route transit system under par. (i) 1. The amendment or
23modification under this subd. 2. b. may not take effect unless the requirements under
24par. (i) are satisfied and the amendment or modification is approved in the
1referendum in at least 5 participating political subdivisions of the authority having
2a population of at least 10,000 each.
AB939,17,5
3(3) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
4chapter or ch. 59 or 85, but subject to sub. (2) (c) 13. and (i), an authority may do all
5of the following:
AB939,17,76
(a) Establish, maintain, and operate a comprehensive unified local
7transportation system primarily for the transportation of persons.
AB939,17,118
(b) Acquire a comprehensive unified local transportation system by purchase,
9condemnation under s. 32.05, or otherwise and provide funds for the operation and
10maintenance of the system. Upon the acquisition of a comprehensive unified local
11transportation system, the authority may:
AB939,17,1312
1. Operate and maintain it or lease it to an operator or contract for its use by
13an operator.
AB939,17,1514
2. Contract for superintendence of the system with an organization that has
15personnel with the requisite experience and skill.
AB939,17,1816
3. Delegate responsibility for the operation and maintenance of the system to
17an appropriate administrative officer, board, or commission of a participating
18political subdivision.
AB939,17,2019
4. Maintain and improve railroad rights-of-way and improvements on these
20rights-of-way for future use.
AB939,17,2221
(c) Contract with a public or private organization to provide transportation
22services in lieu of directly providing these services.
AB939,17,2423
(d) Purchase and lease transportation facilities to public or private transit
24companies that operate within and outside the jurisdictional area.
AB939,18,2
1(e) Apply for federal aids to purchase transportation facilities considered
2essential for the authority's operation.
AB939,18,113
(f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
4for residents who reside within the jurisdictional area and who are disabled or aged
560 or older, including services funded under
42 USC 3001 to
3057n,
42 USC 5001, and
642 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
7administered by the county. An authority may contract with a county that is a
8participating political subdivision for the authority to provide specialized
9transportation services, but an authority is not an eligible applicant under s. 85.21
10(2) (e) and may not receive payments directly from the department of transportation
11under s. 85.21.
AB939,18,1412
(g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
13of, mortgage, pledge, or grant a security interest in any real or personal property or
14service.
AB939,18,1615
(h) Acquire property by condemnation using the procedure under s. 32.05 for
16the purposes set forth in this section.
AB939,18,2317
(i) Enter upon any state, county, or municipal street, road, or alley, or any public
18highway for the purpose of installing, maintaining, and operating the authority's
19facilities. Whenever the work is to be done in a state, county, or municipal highway,
20street, road, or alley, the public authority having control thereof shall be duly
21notified, and the highway, street, road, or alley shall be restored to as good a condition
22as existed before the commencement of the work with all costs incident to the work
23to be borne by the authority.
AB939,18,2524
(j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
25facilities, and services provided by the authority.
AB939,19,2
1(k) Make, and from time to time amend and repeal, bylaws, rules, and
2regulations to carry into effect the powers and purposes of the authority.
AB939,19,33
(L) Sue and be sued in its own name.
AB939,19,44
(m) Have and use a corporate seal.
AB939,19,75
(n) Employ agents, consultants, and employees, engage professional services,
6and purchase such furniture, stationery, and other supplies and materials as are
7reasonably necessary to perform its duties and exercise its powers.
AB939,19,98
(o) Incur debts, liabilities, or obligations including the borrowing of money and
9the issuance of bonds under subs. (6) and (9).
AB939,19,1310
(p) Invest any funds held in reserve or sinking funds, or any funds not required
11for immediate disbursement, including the proceeds from the sale of any bonds, in
12such obligations, securities, and other investments as the authority deems proper in
13accordance with s. 66.0603 (1m).