Amendment ASA1-AB282

AB282-ASA1,18,21 66.1039 (1) (i) "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 except, with respect to an authority created under sub. (2), it applies outside the jurisdictional area of the authority only to the extent specifically authorized under this section. "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.

AB282-ASA1, s. 29 Section 29. 66.1039 (1) (j) of the statutes is created to read:

AB282-ASA1,18,25 66.1039 (1) (j) "Urbanized Fox Cities metropolitan planning area" means the urbanized area, as defined in 23 USC 134 (b) (6), of the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Appleton.

AB282-ASA1, s. 30 Section 30. 66.1039 (2) (title) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,19,4 66.1039 (2) (title) Creation of Transit Authorities certain transit authorities.

AB282-ASA1, s. 31 Section 31. 66.1039 (2) (d) of the statutes is created to read:

AB282-ASA1,19,15 66.1039 (2) (d) Fox Cities regional transit authority. 1. The Fox Cities regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of any 2 or more municipalities located in whole or in part within the urbanized Fox Cities metropolitan planning area adopt a resolution authorizing the municipality to become a member of the authority and each resolution is ratified by the electors at a referendum held in the municipality at a spring election. Except as provided in subds. 2. and 3., once created, this authority shall consist of all municipalities that adopt a resolution ratified at a referendum, as provided in this subdivision. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB282-ASA1,19,21 2. After an authority is created under subd. 1., any municipality located in whole or in part within the urbanized Fox Cities metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority, the resolution is ratified by the electors at a referendum held in the municipality, and the board of directors of the authority approves the municipality's joinder.

AB282-ASA1,20,3 3. After an authority is created under subd. 1., any municipality located in whole or in part within Outagamie County, Calumet County, or Winnebago County that is not located in whole or in part within the urbanized Fox Cities metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority, the resolution is ratified by the electors at a referendum held in the municipality, and the board of directors of the authority approves the municipality's joinder.

AB282-ASA1,20,6 4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the combined territorial boundaries of all municipalities that create or join the authority under subds. 1., 2., and 3.

AB282-ASA1,20,15 5. If a municipality joins the authority under subd. 2. or 3. after it is created, the authority shall provide the department of revenue with a certified copy of the resolution that approves the joining, a certification of the referendum results ratifying this resolution, and a certified copy of the authority's board of directors approval. The municipality's joining of the authority shall take effect on the first day of the calendar quarter that begins at least 120 days after the department receives this information. The authority shall also provide the department with a description of the new boundaries of the authority's jurisdictional area, as provided under sub. (4) (s) 2.

AB282-ASA1, s. 32 Section 32. 66.1039 (2g) of the statutes is created to read:

AB282-ASA1,20,17 66.1039 (2g) Creation of other transit authorities. (a) In this subsection:

AB282-ASA1,20,19 1. "County jurisdictional area" means the geographical area designated by a county under sub. (2r) (a).

AB282-ASA1,20,22 2. "Municipality" has the meaning given in sub. (1) (f) except that "municipality" does not include any portion of a city, village, or town within a county jurisdictional area under sub. (2r) (a) 2. or 3.

AB282-ASA1,21,5 (b) Subject to pars. (e), (g), (h), (j), and (k), 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 under this section for an authority created under this subsection.

AB282-ASA1,21,10 (c) Subject to pars. (e), (g), (h), and (j), if an authority has been created under par. (b), a political subdivision may join this authority if the governing body of this political subdivision adopts a resolution identical to the existing identical resolutions of the participating political subdivisions of the authority and the authority adopts a resolution allowing this political subdivision to join the authority.

AB282-ASA1,21,15 (cm) The jurisdictional area of an authority created under this subsection is the geographic area formed by the combined territorial boundaries of all participating political subdivisions of the authority, except that if a participating political subdivision is a county, the jurisdictional area includes the county jurisdictional area.

AB282-ASA1,21,17 (d) Any resolution under pars. (b) and (c) creating or joining an authority shall specify all of the following:

AB282-ASA1,21,18 1. The name of the authority and a description or map of its jurisdictional area.

AB282-ASA1,21,20 2. The purpose of the authority and the functions or services to be provided by the authority.

AB282-ASA1,21,21 3. The powers, duties, and limitations of the authority.

AB282-ASA1,22,2 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 be carried out only by action of the board in compliance with subd. 7.

AB282-ASA1,22,7 5. The number of directors, the manner of their appointment, the required representation, if any, for each participating political subdivision and city, village, or town within a county jurisdictional area designated under sub. (2r) (a) 2. or 3., the terms of their office, their compensation, if any, and the procedure for filling vacancies on the board of directors.

AB282-ASA1,22,9 6. The manner of selection of the officers of the authority and their powers, duties, and limitations.

AB282-ASA1,22,12 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.

AB282-ASA1,22,15 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.

AB282-ASA1,22,16 9. The method of financing the formation and operation of the authority.

AB282-ASA1,23,2 10. If taxes may be imposed by the authority under sub. (4) (s), the maximum rate of the taxes that may be imposed by the authority under sub. (4) (s), including the initial limit on the rate of taxes that may be imposed by the authority, if any, not to exceed the maximum rate specified in s. 77.708 (1). The rate of the taxes that may be imposed under sub. (4) (s) by an authority created under this subsection shall be uniform among all cities, villages, and towns within the authority's jurisdictional area that are within the same county. For purposes of this subdivision, an authority may declare a participating political subdivision with territory in the jurisdictional area of the authority and in more than one county to be wholly within one of those counties.

AB282-ASA1,23,6 11. A transit plan or previously approved transit plan for the authority or reference to a transit plan or previously approved transit plan set forth in detail elsewhere. A transit plan under this subdivision shall provide opportunity for public involvement in the transit plan development process.

AB282-ASA1,23,10 12. Subject to sub. (13m), 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.

AB282-ASA1,23,14 (e) No resolution under par. (b) or (c) is effective unless it is approved by at least a majority vote of the members of the governing body of the political subdivision and ratified by the electors at a referendum held in the area of the political subdivision that would be within the jurisdictional area of the authority under the resolution.

AB282-ASA1,23,17 (f) At least 30 days before approving a resolution under par. (b) or (c), 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.

AB282-ASA1,23,21 (g) 1. A political subdivision may not create or join an authority under this subsection if the political subdivision is located in southeast Wisconsin, as defined in s. 66.1041 (1) (h), or if the political subdivision is eligible to be a participating political subdivision in any authority authorized under sub. (2).

AB282-ASA1,23,23 2. Subject to subd. 3., a county may be a participating political subdivision in more than one authority created under this subsection.

AB282-ASA1,23,25 3. No portion of a city, village, town, or county may be included in the jurisdictional area of more than one authority created under this subsection.

AB282-ASA1,24,3 (h) If an authority created under par. (b) includes as a participating political subdivision a county that has designated a county jurisdictional area under sub. (2r) (a) 1., the authority shall also include at least one municipality within that county.

AB282-ASA1,24,14 (i) 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. (f) and except that no new referendum under par. (e) is required. 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.

AB282-ASA1,24,23 (j) 1. Subject to subd. 2., an identical resolution under par. (b) or (c) that is approved by a municipality and ratified by the electors under par. (e) is not effective unless approved by the county that contains the geographical area of the municipality to be included in the authority within 45 days of submission of the resolution to that county for approval. For a county to withhold its approval under this paragraph, the county must adopt a resolution by which the county declares its intention to create an authority that will include the municipality in the authority's jurisdictional area, and declares that it will commence, or has commenced, a study relating to the creation of the authority.

AB282-ASA1,24,25 2. An identical resolution that is not approved by a county under subd. 1. may go into effect, without county approval, unless each of the following occurs:

AB282-ASA1,25,3 a. The county that withheld approval completes its study relating to the creation of the authority under subd. 1. within 18 months after the county first withheld its approval of the resolution.

AB282-ASA1,25,6 b. All of the geographic area of the municipality that is within the county that withheld approval is included within the jurisdictional area of an authority within 24 months after the county first withheld its approval of the resolution.

AB282-ASA1,25,9 (k) A county that has designated a county jurisdictional area under sub. (2r) (a) 2. or 3. may create an authority without joining together with one or more other political subdivisions to create the authority.

AB282-ASA1, s. 33 Section 33. 66.1039 (2r) of the statutes is created to read:

AB282-ASA1,25,14 66.1039 (2r) County jurisdictional area. (a) Subject to par. (c), a county that is a participating political subdivision in an authority must designate, by resolution, the county jurisdictional area of the authority. The county jurisdictional area shall be one of the following:

AB282-ASA1,25,17 1. The portion of the county that is within the combined territorial boundaries of each of the cities, villages, and towns in the county that are also participating political subdivisions of the authority.

AB282-ASA1,25,18 2. The territorial boundaries of the county.

AB282-ASA1,25,22 3. The combined territorial boundaries of each of the cities, villages, and towns in the county with at least 75 percent of their populations residing within a metropolitan planning area, as defined in 23 USC 134 (b) (1), at the time of designation by the county.

AB282-ASA1,26,2 (b) Under par. (a) 3., counties that contain all or a part of more than one metropolitan planning area may designate a county jurisdictional area for one or more of the metropolitan planning areas for inclusion in the same authority or different authorities.

AB282-ASA1,26,6 (c) A county may not designate a county jurisdictional area under par. (a) 2. or 3. without prior approval, by resolution, by each city, village, town, or tribal government wholly or partially within the proposed county jurisdictional area that is any of the following:

AB282-ASA1,26,10 1. The owner, operator, or controlling authority of a transit system that serves at least 10 percent of the passengers, as expressed in unlinked trips, served by all transit systems in the county on average over the 3 years preceding creation of the authority, as determined by the department of transportation.

AB282-ASA1,26,11 2. A participating political subdivision in an authority.

AB282-ASA1, s. 34 Section 34. 66.1039 (3) (title) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,26,15 66.1039 (3) (title) Transit authority governance for certain transit authorities.

AB282-ASA1, s. 35 Section 35. 66.1039 (3) (e) of the statutes is created to read:

AB282-ASA1,27,2 66.1039 (3) (e) If an authority is created under sub. (2) (d), the resolutions creating the authority under sub. (2) (d) 1. shall include identical provisions specifying the number and composition of the authority's board of directors. If a municipality joins an authority after its creation, the resolution joining the authority under sub. (2) (d) 2. or 3. shall specify what the number and composition of the authority's board of directors will be after the municipality's joinder, and all municipalities that are participating political subdivisions of the authority at the time of the new municipality's joinder shall amend or modify their resolutions creating or joining the authority to make them identical to the resolution of the newly joining municipality.

AB282-ASA1, s. 36 Section 36. 66.1039 (3) (g) 4. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,27,6 66.1039 (3) (g) 4. The composition of the board of directors of the authority, as determined under par. (d), (e), or (f).

AB282-ASA1, s. 37 Section 37. 66.1039 (4) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,27,12 66.1039 (4) Powers. (intro.) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority may do all of the following, except that, if the authority is created under sub. (2), the authority may do all of the following only to the extent authorized in the authority's bylaws:

AB282-ASA1, s. 38 Section 38. 66.1039 (4) (b) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,27,18 66.1039 (4) (b) (intro.) Acquire If the authority is created under sub. (2), acquire a comprehensive unified local transportation system and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transportation system, the authority may:

AB282-ASA1, s. 39 Section 39. 66.1039 (4) (bm) of the statutes is created to read:

AB282-ASA1,27,24 66.1039 (4) (bm) If the authority is created under sub. (2g), 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 transit system, the authority may:

AB282-ASA1,28,2 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

AB282-ASA1,28,4 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

AB282-ASA1,28,7 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

AB282-ASA1,28,10 4. Work with the department of transportation to maintain and improve railroad rights-of-way and improvements on these rights-of-way for future transit use.

AB282-ASA1, s. 40 Section 40. 66.1039 (4) (e) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,28,15 66.1039 (4) (e) Apply If the authority is created under sub. (2), apply for federal aids to purchase transportation facilities considered essential for the authority's operation.

AB282-ASA1, s. 41 Section 41. 66.1039 (4) (em) of the statutes is created to read:

AB282-ASA1,28,18 66.1039 (4) (em) If the authority is created under sub. (2g), apply for federal or other aids to purchase transit facilities or operate a transit system.

AB282-ASA1, s. 42 Section 42. 66.1039 (4) (f) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,29,5 66.1039 (4) (f) Coordinate If the authority is created under sub. (2), 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 created under sub. (2) may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but such 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.

AB282-ASA1, s. 43 Section 43. 66.1039 (4) (fm) of the statutes is created to read:

AB282-ASA1,29,15 66.1039 (4) (fm) If the authority is created under sub. (2g), coordinate, provide, or assist in providing specialized transportation services, as defined in s. 85.21 (2) (g), for individuals 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 created under sub. (2g) may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but such 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.

AB282-ASA1, s. 44 Section 44. 66.1039 (4) (s) 5. of the statutes is created to read:

AB282-ASA1,29,22 66.1039 (4) (s) 5. Notwithstanding subd. 1., an authority created under sub. (2) (d) may not impose the taxes authorized under subd. 1. unless the authorizing resolutions under sub. (2) (d) 1. and, if applicable, sub. (2) (d) 2. and 3., as well as the referendum question on the referendum ballot specified in sub. (2) (d) 1. and, if applicable, sub. (2) (d) 2. and 3., each clearly identifies the maximum rate of the taxes that may be imposed by the authority under subd. 1.

AB282-ASA1, s. 45 Section 45. 66.1039 (4) (s) 6. of the statutes is created to read:

AB282-ASA1,30,5 66.1039 (4) (s) 6. If an authority created under sub. (2) (d) adopts a resolution to impose the taxes under subd. 1., no political subdivision that is a member of the authority may levy property taxes for transit purposes in excess of the amount of property taxes levied for transit purposes in the year before the year in which the taxes are imposed under subd. 1., less an amount, if a positive number, that is equal to the taxes collected under subd. 1., minus the amount of federal funding for transit purposes that the political subdivision last received.

AB282-ASA1, s. 46 Section 46. 66.1039 (4) (s) 7. of the statutes is created to read:

AB282-ASA1,30,12 66.1039 (4) (s) 7. Notwithstanding subd. 1., an authority created under sub. (2g) may not impose the taxes authorized under subd. 1. unless the authorizing resolutions under sub. (2g) (b) and, if applicable, sub. (2g) (c), as well as the referendum question on the referendum ballot specified in sub. (2g) (e), each clearly identifies the maximum rate of the taxes that may be imposed by the authority under subd. 1.

AB282-ASA1, s. 47 Section 47. 66.1039 (5) (a) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,30,22 66.1039 (5) (a) Notwithstanding sub. (4) (a), (b), (c), (d), (q), and (r), no authority, and no public or private organization with which an authority has contracted for service, may provide service outside the jurisdictional area of the authority unless the authority receives financial support for the service under a contract with a public or other private organization for the service or unless it is necessary in order to provide service to connect residents within the authority's jurisdictional area to transit systems in adjacent counties. This paragraph applies only with respect to an authority created under sub. (2).

AB282-ASA1, s. 48 Section 48. 66.1039 (5) (d) of the statutes is created to read:

AB282-ASA1,30,25 66.1039 (5) (d) An authority created under sub. (2g) must revise its transit plan under sub. (2g) (d) 11. at least once every 5 years.

AB282-ASA1, s. 49 Section 49. 66.1039 (6) (a) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,31,8 66.1039 (6) (a) An authority acquiring a comprehensive unified local transportation system for the purpose of the authority's operation of the system, or if the authority is created under sub. (2g) for the purpose of the authority's operation or superintendence of the system, shall assume all of the employer's obligations under any contract between the employees and management of the system to the extent allowed by law.

AB282-ASA1, s. 50 Section 50. 66.1039 (7) (d) of the statutes is created to read: