(em) If the authority is created under sub. (2g), apply for federal or 18
other aids to purchase transit facilities or operate a transit system.
(f) Coordinate If the authority is created under sub. (2), coordinate 22
specialized transportation services, as defined in s. 85.21 (2) (g), for residents who 23
reside within the jurisdictional area and who are disabled or aged 60 or older, 24
including services funded under 42 USC 3001
, 42 USC 5001
, and 42 USC
(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 2
a county that is a participating political subdivision for the authority to provide 3
specialized transportation services, but such
an authority is not an eligible applicant 4
under s. 85.21 (2) (e) and may not receive payments directly from the department of 5
transportation under s. 85.21.
(fm) If the authority is created under sub. (2g), coordinate, provide, 8
or assist in providing specialized transportation services, as defined in s. 85.21 (2) 9
(g), for individuals who are disabled or aged 60 or older, including services funded 10
under 42 USC 3001
, 42 USC 5001
, and 42 USC 5011
(b), under ss. 49.43 to 11
49.499 and 85.21, and under other public funds administered by the county. An 12
authority created under sub. (2g) may contract with a county that is a participating 13
political subdivision for the authority to provide specialized transportation services, 14
but such an authority is not an eligible applicant under s. 85.21 (2) (e) and may not 15
receive payments directly from the department of transportation under s. 85.21.
AB282-ASA1, s. 44
66.1039 (4) (s) 5. of the statutes is created to read:
(s) 5. Notwithstanding subd. 1., an authority created under sub. (2) 18
(d) may not impose the taxes authorized under subd. 1. unless the authorizing 19
resolutions under sub. (2) (d) 1. and, if applicable, sub. (2) (d) 2. and 3., as well as the 20
referendum question on the referendum ballot specified in sub. (2) (d) 1. and, if 21
applicable, sub. (2) (d) 2. and 3., each clearly identifies the maximum rate of the taxes 22
that may be imposed by the authority under subd. 1.
AB282-ASA1, s. 45
66.1039 (4) (s) 6. of the statutes is created to read:
(s) 6. If an authority created under sub. (2) (d) adopts a resolution 25
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 2
property taxes levied for transit purposes in the year before the year in which the 3
taxes are imposed under subd. 1., less an amount, if a positive number, that is equal 4
to the taxes collected under subd. 1., minus the amount of federal funding for transit 5
purposes that the political subdivision last received.
AB282-ASA1, s. 46
66.1039 (4) (s) 7. of the statutes is created to read:
(s) 7. Notwithstanding subd. 1., an authority created under sub. 8
(2g) may not impose the taxes authorized under subd. 1. unless the authorizing 9
resolutions under sub. (2g) (b) and, if applicable, sub. (2g) (c), as well as the 10
referendum question on the referendum ballot specified in sub. (2g) (e), each clearly 11
identifies the maximum rate of the taxes that may be imposed by the authority under 12
(a) Notwithstanding sub. (4) (a), (b), (c), (d), (q), and (r), no 16
authority, and no public or private organization with which an authority has 17
contracted for service, may provide service outside the jurisdictional area of the 18
authority unless the authority receives financial support for the service under a 19
contract with a public or other private organization for the service or unless it is 20
necessary in order to provide service to connect residents within the authority's 21
jurisdictional area to transit systems in adjacent counties. This paragraph applies
22only with respect to an authority created under sub. (2).
(d) An authority created under sub. (2g) must revise its transit plan 25
under sub. (2g) (d) 11. at least once every 5 years.
(a) An authority acquiring a comprehensive unified local 4
transportation system for the purpose of the authority's operation of the system, or
5if the authority is created under sub. (2g) for the purpose of the authority's operation
6or superintendence of the system,
shall assume all of the employer's obligations 7
under any contract between the employees and management of the system to the 8
extent allowed by law.
(d) Except with respect to refunding bonds under sub. (10), bond 11
proceeds may be used only for capital expenditures related to the acquisition of 12
transportation system equipment having a useful life of at least 5 years. This 13
paragraph does not apply to expenditures made for the acquisition of all or part of 14
an existing transportation system.
(g) Covenant Subject to sub. (7) (d) with respect to an authority
18created under sub. (2g), covenant
as to the purposes to which the proceeds from the 19
sale of any bonds may be applied, and as to the pledge of such proceeds to secure the 20
payment of the bonds.
66.1039 (13) Withdrawal from authority certain authorities.
(intro.) A 24
participating political subdivision that becomes a member of an authority under sub. 25
(2) (c) 4. shall withdraw from the authority if the county in which the municipality
is located withdraws from the authority under this subsection and a participating 2
political subdivision that joined an authority under sub. (2) (b) 3., (c) 3., (d) 2. or 3., 3
or (e) 2. may withdraw from an authority if all of the following conditions are met:
66.1039 (13m) Withdrawal from other authorities.
(a) A participating 6
political subdivision may withdraw from an authority created under sub. (2g) if all 7
of the following conditions are met:
1. The governing body of the political subdivision adopts a resolution by a 9
majority vote of the members of the governing body requesting withdrawal of the 10
political subdivision from the authority.
2. The political subdivision has paid, or made provision for the payment of, all 12
obligations of the political subdivision to the authority, including its obligations 13
relative to any outstanding bonds issued by the authority.
3. Any tax authorized under sub. (4) (s) that is levied by the authority within 15
the political subdivision continues to be levied for the period of time for which the 16
authority has authorized the tax in a resolution imposing the tax under sub. (4) (s) 17
if such a resolution specifies a time period for the tax or until the effective date of a 18
tax repeal resolution under sub. (4) (s), whichever occurs first.
(b) Unless an earlier date for the termination of the provision of transit services 20
has been agreed upon by the withdrawing political subdivision and the authority, if 21
a political subdivision has withdrawn from an authority as provided in par. (a), the 22
political subdivision shall continue to receive services from the authority, in the same 23
manner and to the same extent as those provided to the remaining participating 24
political subdivisions, for so long as the tax continues to be levied as provided in par. 25
(a) 3. Nothing in this paragraph prohibits an authority created under sub. (2g) from
changing the manner and extent to which it provides services, including in the 2
withdrawing political subdivision, as long as the services provided in the 3
withdrawing political subdivision remain comparable to those provided in the 4
remaining political subdivisions while the tax continues to be levied in the 5
withdrawing political subdivision. The remaining political subdivisions may choose 6
to increase the tax under sub. (4) (s) and are not required to extend the additional 7
services provided by such additional tax to the withdrawing political subdivision if 8
the additional tax is not also collected in the withdrawing political subdivision.
(c) If a political subdivision has withdrawn from an authority as provided in 10
par. (a), the articles of incorporation of the authority shall be amended to reflect the 11
withdrawal of the political subdivision and this amendment shall be filed and 12
published, in the same manner as a resolution, by the withdrawing political 13
subdivision and each participating political subdivision.
(d) Withdrawal of a political subdivision from an authority is subject to the 15
resolution provisions specified in sub. (2g) (d) 12.
(e) If a political subdivision withdraws from an authority under this subsection, 17
the authority shall provide the department of revenue with notice of the withdrawal 18
and information describing the exact boundaries of the authority's jurisdictional 19
area, as provided in sub. (4) (s) 2., following the withdrawal.
66.1039 (14) Duty to provide transit service.
An authority created under sub.
shall provide, or contract for the provision of, transit service within the authority's 24
66.1039 (15) Dissolution of certain authorities.
An authority created under 2
sub. (2g) may be dissolved if the authority adopts a resolution dissolving the 3
authority. Dissolution of an authority is subject to the resolution provisions specified 4
in sub. (2g) (d) 12. Dissolution of an authority may not occur until all outstanding 5
indebtedness of the authority has been paid and all unexpended funds returned to 6
the participating political subdivisions that supplied them, or until adequate 7
provision has been made for the outstanding indebtedness or unexpended funds. An 8
authority may not be dissolved so long as it has bonds outstanding, unless provision 9
for full payment of such bonds, by escrow or otherwise, has been made pursuant to 10
the terms of the bonds or the resolution, trust indenture, or security instrument 11
securing the bonds. The authority shall notify the department of revenue of the 12
authority's dissolution at least 120 days before the dissolution's effective date.
1466.1041 Interim regional transit authorities. (1)
In this 15
(a) Except as used in par. (g), "authority" means an interim regional transit 17
authority created under this section.
(b) "Comprehensive unified local transit system" means a transit system that 19
is comprised of motor bus lines and any other local public transit facilities, the major 20
portion of which is located within, or the major portion of the service of which is 21
supplied to the inhabitants of, the jurisdictional area of the authority.
(c) "Department" means the department of transportation.
(d) "Municipality" means any city, village, or town.
(e) "Participating political subdivision" means a political subdivision that has 2
adopted a resolution creating an authority or joining an established authority under 3
(f) "Political subdivision" means a municipality or county.
(g) "Southeastern regional transit authority" means the southeastern regional 6
transit authority created under s. 59.58 (7).
(h) "Southeast Wisconsin" means the geographical area comprising the 8
counties of Kenosha, Milwaukee, Ozaukee, Washington, Racine, Walworth and 9
(i) "Transit system" means all land, shops, structures, equipment, property, 11
franchises, and rights of whatever nature required for transit of passengers within 12
the jurisdictional area of the authority and outside the jurisdictional area of the 13
authority. "Transit system" includes motor buses, fixed guideway transit, 14
ridesharing, specialized transportation, motor vehicles, elevated railroads, 15
subways, underground railroads, and any combination thereof, and any other form 16
of mass transit, but does not include transportation excluded from the definition of 17
"common motor carrier" under s. 194.01 (1), charter or contract operations to, from, 18
or between points that are outside the jurisdictional area of the authority, or travel 19
by aircraft flight.
20(2) Creation of authority.
(a) Subject to pars. (e) and (f), the governing body 21
of a political subdivision in southeast Wisconsin may, by resolution, create an 22
authority consisting of the political subdivision or may join together with one or more 23
other political subdivisions to jointly create, by adopting identical resolutions, an 24
authority. An authority created under this section is a public body corporate and
politic and shall be known as an "interim regional transit authority." The authority 2
may transact business and exercise any powers granted to it under this section.
(b) 1. Subject to par. (f), and except as provided in subd. 2., if an authority has 4
been created under par. (a), a political subdivision may join the authority if the 5
governing body of the political subdivision adopts a resolution identical to the 6
existing resolutions of the authority's participating political subdivisions or, if the 7
authority is created by a single political subdivision, identical to the existing 8
resolution of the authority's participating political subdivision, and if the authority's 9
board of directors adopts a resolution allowing the political subdivision to join the 10
authority. For purposes of determining whether a resolution adopted under this 11
subdivision is identical to an existing resolution of the authority, both the resolutions 12
adopted under par. (a) to create the authority and any modifications to those 13
resolutions under par. (g) shall be considered.
2. The resolution of a political subdivision adopted under subd. 1. may differ 15
from each existing resolution by specifying what the composition of the authority's 16
board of directors will be after the political subdivision has joined the authority, but 17
this resolution must be consistent with the authority's bylaws as described in sub. 18
(3) (b) 3. If the authority's board of directors thereafter adopts a resolution allowing 19
the political subdivision to join the authority, the board of directors thereby agrees 20
to the new composition of the authority's board of directors specified in the resolution 21
of the joining political subdivision and any existing resolution is considered modified 22
under par. (g) 2. to reflect this new board composition.
(c) Any resolution creating an authority under par. (a) or joining an authority 24
under par. (b) shall specify all of the following:
1. Subject to sub. (3) (b), the composition of the authority's board of directors 2
and other matters relating to the selection, terms, and duties of the board of 3
2. All revenue sources on which the authority will rely for funding and the 5
minimum amount of revenue that the authority will commit to satisfy the revenue 6
requirements for the authority specified in this section.
(d) The jurisdictional area of an authority is the geographic area formed by the 8
combined territorial boundaries of all participating political subdivisions of the 9
authority. If the authority includes a county as a participating political subdivision, 10
the jurisdictional area of the authority is the territorial boundaries of the county.
(e) An authority may be created under par. (a) only if all of the following apply:
1. At least one of the political subdivisions creating the authority operated a 13
transit system receiving funding under s. 85.20 on the effective date of this 14
subdivision .... [LRB inserts date].
2. The political subdivision or political subdivisions creating the authority 16
commit to provide funding for the authority, upon creation, in an amount of at least 17
the political subdivision's property tax levy contribution to transit as of one year prior 18
to the effective date of this subdivision .... [LRB inserts date], and also make a 19
commitment that the authority, after creation, will meet the revenue requirements 20
specified in sub. (6) through one or more of the revenue sources identified in par. (c) 21
(f) An authority may not include more than one county. An authority may not 23
include municipalities located in different counties.
(g) 1. Subject to subds. 2. and 3., if an authority has been created under this 25
subsection, the participating political subdivisions of the authority may amend or
modify their resolutions creating or joining the authority if, after any amendment or 2
modification, the resolutions of all participating political subdivisions of the 3
authority remain identical and continue to satisfy the requirements under this 4
2. If a political subdivision joins an authority under par. (b), the participating 6
political subdivisions of the authority may amend or modify their existing 7
resolutions to accomplish any changes necessary to reflect the addition of the new 8
political subdivision to the authority, including any changes to the composition of the 9
authority's board of directors. In lieu of expressly amending or modifying their 10
existing resolutions, the participating political subdivisions of the authority may 11
also effect changes to the composition of the authority's board of directors, in 12
connection with the addition of a new political subdivision to the authority, by means 13
of the approval process specified in par. (b) 2., in which case the existing resolutions 14
of the participating political subdivisions are considered modified to reflect the new 15
composition of the authority's board of directors.
3. In lieu of expressly amending or modifying the existing resolutions of the 17
participating political subdivisions of an authority to reflect changes in the rate of, 18
or amount from, any revenue sources specified in par. (c) 2. or in the minimum 19
amount of revenue specified in par. (c) 2., these changes may be made by a vote of the 20
authority's board of directors if, after the changes, the authority continues to satisfy 21
the revenue requirements specified in sub. (6). After such a vote, the existing 22
resolutions of the participating political subdivisions are considered modified to 23
reflect these changes.
24(3) Governance of authority.
(a) The powers of an authority shall be vested 25
in its board of directors. A majority of the board of directors' full authorized
membership constitutes a quorum for the purpose of conducting the authority's 2
business and exercising its powers. Action may be taken by the board of directors 3
upon a vote of a majority of the directors present and voting, unless the bylaws of the 4
authority require a larger number.
(b) The board of directors of an authority shall be determined as provided in 6
resolutions creating the authority under sub. (2) (a) or joining an existing authority 7
under sub. (2) (b) except that all of the following shall apply:
1. The board of directors shall consist of at least 5 members and not more than 9
2. The board of directors shall include at least one member from the authority's 11
jurisdictional area, appointed by the governor.
3. Subject to subds. 1. and 2., the bylaws of the authority shall specify a 13
procedure and guidelines for changing board membership upon the joinder of a 14
political subdivision under sub. (2) (b).
4. Notwithstanding subds. 1. to 3., the board of directors of an authority that 16
includes Milwaukee County shall consist of the following members:
a. Two members from the authority's jurisdictional area, appointed by the 18
Milwaukee County board chairperson.
b. One member from that portion of the authority's jurisdictional area that is 20
outside the city of Milwaukee, appointed by the Milwaukee County board 21
c. One member, appointed by the mayor of the city of Milwaukee.
d. One member from the authority's jurisdictional area, appointed by the 24
1(4) Authority powers and duties.
(a) Notwithstanding s. 59.84 (2) and any 2
other provision of this chapter or ch. 59 or 85, an authority shall do all of the 3
1. Provide, or contract with existing transit providers for the provision of, 5
transit service within the authority's jurisdictional area, except that an authority 6
that includes Milwaukee County shall contract with the Milwaukee County board 7
for the authority to provide transit service in Milwaukee County.
2. Provide transit planning within the authority's jurisdictional area. Each 9
transit plan of the authority shall be submitted to the southeastern regional transit 10
(b) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 12
59 or 85, in addition to the duties specified in par. (a), an authority may do any of the 13
1. Acquire a comprehensive unified local transit system by entering into a 15
transfer agreement with the owner of the system.
2. Subject to sub. (5), apply for and utilize state and federal funds.
3. Subject to the provisions of par. (a) 1. relating to contracts in Milwaukee 18
County, provide transit service, or contract for the provision of transit service, 19
outside the authority's jurisdictional area if such transit service would benefit 20
residents within the authority's jurisdictional area.
21(5) Federal and state aid; incentive funds
. Any application by an authority 22
for federal or state funding shall first be submitted to the southeastern regional 23
transit authority, which shall then provide the application to the appropriate federal 24
or state agency. If the application results in the receipt of any federal or state funds, 25
those federal or state funds shall first be received by the southeastern regional
transit authority, which shall then forward the funds to the authority that provided 2
3(6) Authority revenue requirements
. (a) An authority may generate revenue 4
by doing any of the following, except that an authority that includes Milwaukee 5
County may generate revenue only as provided in subd. 1.:
1. a. Imposing, by the adoption of a resolution by the board of directors, the 7
taxes under s. 77.708, except that no authority may adopt such a resolution until a 8
referendum is held in the authority's jurisdictional area on the question of whether 9
the authority may impose the taxes under s. 77.708 and the referendum is decided 10
in the affirmative. For purposes of an authority that has Milwaukee County as the 11
boundaries of its jurisdictional area, the referendum for imposing sales and use taxes 12
for transit purposes that was approved in 2008 in Milwaukee County satisfies the 13
referendum requirement of this subd. 1. a. If an authority adopts a resolution to 14
impose the taxes, it shall deliver a certified copy of the resolution to the department 15
of revenue at least 120 days before its effective date. The authority may, by adoption 16
of a resolution by the board of directors, repeal the imposition of the taxes under s. 17
77.708 and shall deliver a certified copy of the repeal resolution to the department 18
of revenue at least 120 days before its effective date.
b. If the authority adopts a resolution as provided in subd. 1. a., it shall specify 20
to the department of revenue the exact boundaries of the authority's jurisdictional 21
area. If the boundaries are the same as the county lines on all sides of the authority's 22
jurisdictional area, the resolution shall specify the county or counties that comprise 23
the authority's entire jurisdictional area. If the boundaries are other than a county 24
line on any side of the authority's jurisdictional area, the authority shall provide the 25
department with a complete list of all the 9-digit zip codes that are entirely within
the authority's jurisdictional area and a complete list of all the street addresses that 2
are within the authority's jurisdictional area and not included in any 9-digit zip code 3
that is entirely within the authority's jurisdictional area. The authority shall 4
provide a certified copy of the information required under this subd. 1. b. to the 5
department, in the manner, format, and layout prescribed by the department, at 6
least 120 days prior to the resolution's effective date. If the boundaries of the 7
authority's jurisdictional area subsequently change, the authority shall submit a 8
certified copy of the information required under this subd. 1. b. to the department, 9
in the manner, format, and layout prescribed by the department, at least 120 days 10
prior to the change's effective date.
c. If the authority adopts a resolution as provided in subd. 1. a., beginning with 12
the year in which the resolution is adopted, no participating political subdivision 13
may levy property taxes for transit. This subd. 1. c. does not apply to the year in 14
which the resolution is adopted if the resolution is adopted after the participating 15
political subdivision establishes its property tax levy for transit.
2. Charging a membership fee to the participating political subdivisions of the 17
(b) An authority shall generate revenue equal to the amount required by pars. 19
(c) and (d). This minimum revenue requirement may be met through funding from 20
one or a combination of revenue sources identified by resolution under sub. (2) (c) 2., 21
including any revenue option under par. (a) except that an authority that includes 22
Milwaukee County may not generate revenue as provided in par. (a) 2.
(c) 1. Within 2 years after the creation of an authority, the authority shall do 24
any of the following:
a. Generate revenue sufficient to offset a 30 percent reduction in passenger fare 2
revenues resulting from transit operations or to provide an 8 percent increase in 3
transit service, or a combination of both, as compared with passenger fare revenues 4
and transit service as of the time that the authority was created. With this revenue, 5
the authority shall implement either the specified reduction in passenger fares or the 6
specified increase in transit service, or a combination of both.
b. Invest an amount, equivalent to the revenue that would be sufficient to 8
provide an 8 percent increase in transit service, in either improving existing capital 9
assets of the authority or making new capital purchases and improvements for the 10
authority. An investment under this subd. 1. b. is not considered to be made until 11
funds have actually been expended or committed for any applicable purchase or 12
c. If the authority includes Milwaukee County, increase transit service to a 14
level equal to or greater than the level of transit service provided in Milwaukee 15
County in 2001.