AB939: Bill Text

6. The method of financing the formation and operation of the RTA.

7. If authorized, the maximum rate of the sales and use tax, not exceeding the statutory limit, that may be imposed by the RTA. The resolution must also include or refer to a transit plan for the RTA and this authorized rate of the sales and use tax may not exceed the rate determined necessary under the transit plan.

8. A procedure by which a participating political subdivision may withdraw from the RTA and provisions for the disposition or distribution of any property, assets, and obligations of the RTA on withdrawal of a participating political subdivision from the RTA or on dissolution of the RTA.

9. Whether the RTA will develop, construct, or operate a fixed-route transit system and, if so, the maximum amount of the sales and use tax rate that may be allocated by the RTA for expenditures related to this fixed-route transit system.

10. Any limitation on, or any approval required prior to, the RTA's exercise of its power of condemnation.

In political subdivisions other than most counties, and in counties containing a 1st class city the governing body of the political subdivision must approve by at least a majority vote the authorizing resolution creating or joining an RTA and, upon such approval, the authorizing resolution must be ratified by the electors at a referendum held in the political subdivision at a spring or general election. The referendum question must reference the maximum rate of the sales and use tax that may be imposed by the RTA, as specified in the authorizing resolution. A county board, other than the board of a county containing a 1st class city, must approve an authorizing resolution creating or joining an RTA by a two-thirds vote of the members of the county board and no referendum is required to ratify the county board's resolution. Also, at least 30 days before approving an authorizing resolution, the governing body of a political subdivision must hold a public hearing on the resolution. If a resolution creating or joining an RTA authorizes the RTA to develop, construct, or operate a fixed-route transit system, the referendum question must also reference this fact and include the maximum amount of the sales and use tax rate that may be allocated by the RTA for expenditures related to this fixed-route transit system, as specified in the authorizing resolution. If an authorizing resolution is amended or modified to change the RTA's authorized maximum rate of sales and use tax or to add authority for the RTA to develop, construct, or operate a fixed-route transit system, the amendment or modification must be approved by referendum. A change to the authorized tax rate requires unanimous approval by all participating political subdivisions of the RTA, while the addition of fixed-route transit system authority requires approval by at least five participating political subdivisions of the RTA having a population of at least 10,000 each.

An RTA may do all of the following:

1. Establish or acquire a comprehensive unified local transportation system, which is a transportation system comprised of bus lines and other public transportation facilities generally within the jurisdictional area of the RTA. "Transportation system" is defined to include land, structures, equipment, and other property for transportation of passengers, including by bus, rail, or other form of mass transportation. The RTA may operate this transportation system or provide for its operation by another. The RTA may contract with a public or private organization to provide transportation services in lieu of directly providing these services and may purchase and lease transportation facilities to public or private transit companies. With an exception, an RTA may not directly or by contract provide service outside the RTA's jurisdictional area.

2. Coordinate specialized transportation services for persons who are disabled or aged 60 or older.

3. Own or lease real or personal property.

4. Acquire property by condemnation.

5. Enter upon highways to install, maintain, and operate the RTA's facilities.

6. Impose, by the adoption of a resolution by the board of directors, a sales and use tax in the RTA's participating political subdivisions at a rate of not more than 0.5 percent of the gross receipts or sales price or, if lower, not to exceed the maximum rate established by the authorizing resolution. Except with respect to a county containing a 1st class city, this sales and use tax may not be imposed in any municipality within a county that is a participating political subdivision of an RTA unless the municipality is also a participating political subdivision of the RTA. In a county that is a participating political subdivision and that contains a 1st class city, the tax is imposed countywide.

7. Incur debts and obligations. An RTA may issue tax-exempt revenue bonds, secured by a pledge of any income or revenues from any operations or other source of moneys for the RTA. The bonds of an RTA are not a debt of its participating political subdivisions and neither the participating political subdivisions nor the state are liable for the payment of the bonds. Bond proceeds, except those derived from refunding bonds, may be used only for capital expenditures related to the acquisition of transit system equipment having a useful life of at least five years.

8. Set fees and charges for functions, facilities, and services provided by the RTA.

9. Adopt bylaws and rules to carry out the powers and purposes of the RTA.

10. Sue and be sued in its own name.

11. Employ agents, consultants, and employees, engage professional services, and purchase furniture, supplies, and materials reasonably necessary to perform its duties and exercise its powers.

12. Invest funds not required for immediate disbursement.

13. Do and perform any authorized acts by means of an agent or by contracts with any person.

14. Exercise any other powers that the board of directors considers necessary and convenient to effectuate the purposes of the RTA, including providing for passenger safety.

The board of directors of an RTA must annually prepare a budget for the RTA. Rates and other charges received by the RTA must be used only for the general expenses and capital expenditures of the RTA, to pay interest, amortization, and retirement charges on the RTA's revenue bonds, and for specific purposes of the RTA and may not be transferred to any political subdivision. The RTA must maintain an accounting system in accordance with generally accepted accounting principles and must have its financial statements and debt covenants audited annually by an independent certified public accountant.

An RTA that acquires a transportation system must assume all of the employer's obligations under any contract between the employees and management of the system to the extent allowed by law. An RTA that acquires, constructs, or operates a transportation system must negotiate an agreement with the representative of the labor organization that covers the employees affected by the acquisition, construction, or operation to protect the interests of employees affected, and that agreement must include specified provisions. Employees of the RTA are participatory employees under the Wisconsin Retirement System (WRS) if the RTA elects to join the WRS.

A participating political subdivision may withdraw from an RTA if: (1) the governing body of the political subdivision adopts a resolution requesting withdrawal from the RTA and the resolution is approved by referendum; (2) the political subdivision has paid, or made provision for the payment of, all obligations of the political subdivision to the RTA; and (3) any authorized sales and use tax that is levied by the RTA within the political subdivision continues to be levied for the period of time for which the tax is authorized. If a political subdivision withdraws from an RTA, the political subdivision continues to receive transportation services from the RTA for so long as the sales and use tax continues to be levied in the political subdivision.

An RTA may be dissolved if a majority of the participating political subdivisions adopt resolutions recommending the dissolution of the RTA. Dissolution of an RTA may not occur until adequate provision has been made for payment of the RTA's outstanding indebtedness, including outstanding revenue bonds. Dissolution of an RTA, and withdrawal of a political subdivision from an RTA, is subject to provisions of the authorizing resolutions relating to, respectively, dissolution or withdrawal.

A participating political subdivision may make an initial contribution of funds to an RTA at the time the RTA is formed or at the time the political subdivision joins an existing RTA. Thereafter, the political subdivision may not use any locally generated revenue, including property taxes or sales taxes other than those authorized for the RTA under its authorizing resolution, for purposes of funding any transit system, including to transfer additional funds to the RTA. However, this prohibition does not apply to transit or program aids that may be available to a participating political subdivision from the federal government or the state Department of Transportation for transfer to, use by, or the benefit of the RTA.

Current law provides limited immunity for cities, villages, towns, counties, and other political corporations and governmental subdivisions, and for officers, officials, agents, and employees of these entities, for acts done in an official capacity or in the course of employment. Claimants must generally follow a specified claims procedure and liability for damages is generally limited to $50,000 except that no liability may be imposed for performance of a discretionary duty or for punitive damages. If a person suffers damage resulting from the negligent operation of a motor vehicle owned and operated by a county, city, village, town, school district, sewer district, or other political subdivision of the state in the course of its business, the person may file a claim for damages following this claims procedure and the amount of damages recoverable is limited to $250,000. This bill specifies that this provision related to claims and liability for negligent operation of a motor vehicle by a political subdivision applies to an RTA.

The bill also allows RTAs to participate in organizing municipal insurance mutuals to provide insurance and risk management services.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

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: