Amendment ASA1-AB282

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:

AB282-ASA1,31,14 66.1039 (7) (d) Except with respect to refunding bonds under sub. (10), bond proceeds may be used only for capital expenditures related to the acquisition of transportation system equipment having a useful life of at least 5 years. This paragraph does not apply to expenditures made for the acquisition of all or part of an existing transportation system.

AB282-ASA1, s. 51 Section 51. 66.1039 (9) (g) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,31,20 66.1039 (9) (g) Covenant Subject to sub. (7) (d) with respect to an authority created under sub. (2g), covenant as to the purposes to which the proceeds from the sale of any bonds may be applied, and as to the pledge of such proceeds to secure the payment of the bonds.

AB282-ASA1, s. 52 Section 52. 66.1039 (13) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,32,3 66.1039 (13) Withdrawal from authority certain authorities. (intro.) A participating political subdivision that becomes a member of an authority under sub. (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 political subdivision that joined an authority under sub. (2) (b) 3., (c) 3., (d) 2. or 3., or (e) 2. may withdraw from an authority if all of the following conditions are met:

AB282-ASA1, s. 53 Section 53. 66.1039 (13m) of the statutes is created to read:

AB282-ASA1,32,7 66.1039 (13m) Withdrawal from other authorities. (a) A participating political subdivision may withdraw from an authority created under sub. (2g) if all of the following conditions are met:

AB282-ASA1,32,10 1. The governing body of the political subdivision adopts a resolution by a majority vote of the members of the governing body requesting withdrawal of the political subdivision from the authority.

AB282-ASA1,32,13 2. The political subdivision has paid, or made provision for the payment of, all obligations of the political subdivision to the authority, including its obligations relative to any outstanding bonds issued by the authority.

AB282-ASA1,32,18 3. Any tax authorized under sub. (4) (s) that is levied by the authority within the political subdivision continues to be levied for the period of time for which the authority has authorized the tax in a resolution imposing the tax under sub. (4) (s) if such a resolution specifies a time period for the tax or until the effective date of a tax repeal resolution under sub. (4) (s), whichever occurs first.

AB282-ASA1,33,8 (b) Unless an earlier date for the termination of the provision of transit services has been agreed upon by the withdrawing political subdivision and the authority, if a political subdivision has withdrawn from an authority as provided in par. (a), the political subdivision shall continue to receive services from the authority, in the same manner and to the same extent as those provided to the remaining participating political subdivisions, for so long as the tax continues to be levied as provided in par. (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 withdrawing political subdivision, as long as the services provided in the withdrawing political subdivision remain comparable to those provided in the remaining political subdivisions while the tax continues to be levied in the withdrawing political subdivision. The remaining political subdivisions may choose to increase the tax under sub. (4) (s) and are not required to extend the additional services provided by such additional tax to the withdrawing political subdivision if the additional tax is not also collected in the withdrawing political subdivision.

AB282-ASA1,33,13 (c) If a political subdivision has withdrawn from an authority as provided in par. (a), the articles of incorporation of the authority shall be amended to reflect the withdrawal of the political subdivision and this amendment shall be filed and published, in the same manner as a resolution, by the withdrawing political subdivision and each participating political subdivision.

AB282-ASA1,33,15 (d) Withdrawal of a political subdivision from an authority is subject to the resolution provisions specified in sub. (2g) (d) 12.

AB282-ASA1,33,19 (e) If a political subdivision withdraws from an authority under this subsection, the authority shall provide the department of revenue with notice of the withdrawal and information describing the exact boundaries of the authority's jurisdictional area, as provided in sub. (4) (s) 2., following the withdrawal.

AB282-ASA1, s. 54 Section 54. 66.1039 (14) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,33,24 66.1039 (14) Duty to provide transit service. An authority created under sub. (2) shall provide, or contract for the provision of, transit service within the authority's jurisdictional area.

AB282-ASA1, s. 55 Section 55. 66.1039 (15) of the statutes is created to read:

AB282-ASA1,34,12 66.1039 (15) Dissolution of certain authorities. An authority created under sub. (2g) may be dissolved if the authority adopts a resolution dissolving the authority. Dissolution of an authority is subject to the resolution provisions specified in sub. (2g) (d) 12. Dissolution of an authority may not occur until all outstanding indebtedness of the authority has been paid and all unexpended funds returned to the participating political subdivisions that supplied them, or until adequate provision has been made for the outstanding indebtedness or unexpended funds. An authority may not be dissolved so long as it has bonds outstanding, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture, or security instrument securing the bonds. The authority shall notify the department of revenue of the authority's dissolution at least 120 days before the dissolution's effective date.

AB282-ASA1, s. 56 Section 56. 66.1041 of the statutes is created to read:

AB282-ASA1,34,15 66.1041 Interim regional transit authorities. (1) Definitions. In this section:

AB282-ASA1,34,17 (a) Except as used in par. (g), "authority" means an interim regional transit authority created under this section.

AB282-ASA1,34,21 (b) "Comprehensive unified local transit system" means a transit system that is comprised of motor bus lines and any other local public transit 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.

AB282-ASA1,34,22 (c) "Department" means the department of transportation.

AB282-ASA1,34,23 (d) "Municipality" means any city, village, or town.

AB282-ASA1,35,3 (e) "Participating political subdivision" means a political subdivision that has adopted a resolution creating an authority or joining an established authority under this section.

AB282-ASA1,35,4 (f) "Political subdivision" means a municipality or county.

AB282-ASA1,35,6 (g) "Southeastern regional transit authority" means the southeastern regional transit authority created under s. 59.58 (7).

AB282-ASA1,35,9 (h) "Southeast Wisconsin" means the geographical area comprising the counties of Kenosha, Milwaukee, Ozaukee, Washington, Racine, Walworth and Waukesha.

AB282-ASA1,35,19 (i) "Transit system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transit of passengers within the jurisdictional area of the authority and outside the jurisdictional area of the authority. "Transit system" includes motor buses, fixed guideway transit, ridesharing, specialized transportation, motor vehicles, elevated railroads, subways, underground railroads, and any combination thereof, and any other form of mass transit, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1), charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority, or travel by aircraft flight.

AB282-ASA1,36,2 (2) Creation of authority. (a) Subject to pars. (e) and (f), the governing body of a political subdivision in southeast Wisconsin may, by resolution, create an authority consisting of the political subdivision or may join together with one or more other political subdivisions to jointly create, by adopting identical resolutions, an 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 may transact business and exercise any powers granted to it under this section.

AB282-ASA1,36,13 (b) 1. Subject to par. (f), and except as provided in subd. 2., if an authority has been created under par. (a), a political subdivision may join the authority if the governing body of the political subdivision adopts a resolution identical to the existing resolutions of the authority's participating political subdivisions or, if the authority is created by a single political subdivision, identical to the existing resolution of the authority's participating political subdivision, and if the authority's board of directors adopts a resolution allowing the political subdivision to join the authority. For purposes of determining whether a resolution adopted under this subdivision is identical to an existing resolution of the authority, both the resolutions adopted under par. (a) to create the authority and any modifications to those resolutions under par. (g) shall be considered.

AB282-ASA1,36,22 2. The resolution of a political subdivision adopted under subd. 1. may differ from each existing resolution by specifying what the composition of the authority's board of directors will be after the political subdivision has joined the authority, but this resolution must be consistent with the authority's bylaws as described in sub. (3) (b) 3. If the authority's board of directors thereafter adopts a resolution allowing the political subdivision to join the authority, the board of directors thereby agrees to the new composition of the authority's board of directors specified in the resolution of the joining political subdivision and any existing resolution is considered modified under par. (g) 2. to reflect this new board composition.

AB282-ASA1,36,24 (c) Any resolution creating an authority under par. (a) or joining an authority under par. (b) shall specify all of the following:

AB282-ASA1,37,3 1. Subject to sub. (3) (b), the composition of the authority's board of directors and other matters relating to the selection, terms, and duties of the board of directors.

AB282-ASA1,37,6 2. All revenue sources on which the authority will rely for funding and the minimum amount of revenue that the authority will commit to satisfy the revenue requirements for the authority specified in this section.

AB282-ASA1,37,10 (d) The jurisdictional area of an authority is the geographic area formed by the combined territorial boundaries of all participating political subdivisions of the authority. If the authority includes a county as a participating political subdivision, the jurisdictional area of the authority is the territorial boundaries of the county.

AB282-ASA1,37,11 (e) An authority may be created under par. (a) only if all of the following apply:

AB282-ASA1,37,14 1. At least one of the political subdivisions creating the authority operated a transit system receiving funding under s. 85.20 on the effective date of this subdivision .... [LRB inserts date].

AB282-ASA1,37,21 2. The political subdivision or political subdivisions creating the authority commit to provide funding for the authority, upon creation, in an amount of at least the political subdivision's property tax levy contribution to transit as of one year prior to the effective date of this subdivision .... [LRB inserts date], and also make a commitment that the authority, after creation, will meet the revenue requirements specified in sub. (6) through one or more of the revenue sources identified in par. (c) 2.

AB282-ASA1,37,23 (f) An authority may not include more than one county. An authority may not include municipalities located in different counties.

AB282-ASA1,38,4 (g) 1. Subject to subds. 2. and 3., if an authority has been created under this subsection, the participating political subdivisions of the authority may amend or modify their 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 subsection.

AB282-ASA1,38,15 2. If a political subdivision joins an authority under par. (b), the participating political subdivisions of the authority may amend or modify their existing resolutions to accomplish any changes necessary to reflect the addition of the new political subdivision to the authority, including any changes to the composition of the authority's board of directors. In lieu of expressly amending or modifying their existing resolutions, the participating political subdivisions of the authority may also effect changes to the composition of the authority's board of directors, in connection with the addition of a new political subdivision to the authority, by means of the approval process specified in par. (b) 2., in which case the existing resolutions of the participating political subdivisions are considered modified to reflect the new composition of the authority's board of directors.

AB282-ASA1,38,23 3. In lieu of expressly amending or modifying the existing resolutions of the participating political subdivisions of an authority to reflect changes in the rate of, or amount from, any revenue sources specified in par. (c) 2. or in the minimum amount of revenue specified in par. (c) 2., these changes may be made by a vote of the authority's board of directors if, after the changes, the authority continues to satisfy the revenue requirements specified in sub. (6). After such a vote, the existing resolutions of the participating political subdivisions are considered modified to reflect these changes.

AB282-ASA1,39,4 (3) Governance of authority. (a) The powers of an authority shall be vested 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 business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB282-ASA1,39,7 (b) The board of directors of an authority shall be determined as provided in resolutions creating the authority under sub. (2) (a) or joining an existing authority under sub. (2) (b) except that all of the following shall apply:

AB282-ASA1,39,9 1. The board of directors shall consist of at least 5 members and not more than 9 members.

AB282-ASA1,39,11 2. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.

AB282-ASA1,39,14 3. Subject to subds. 1. and 2., the bylaws of the authority shall specify a procedure and guidelines for changing board membership upon the joinder of a political subdivision under sub. (2) (b).

AB282-ASA1,39,16 4. Notwithstanding subds. 1. to 3., the board of directors of an authority that includes Milwaukee County shall consist of the following members:

AB282-ASA1,39,18 a. Two members from the authority's jurisdictional area, appointed by the Milwaukee County board chairperson.

AB282-ASA1,39,21 b. One member from that portion of the authority's jurisdictional area that is outside the city of Milwaukee, appointed by the Milwaukee County board chairperson.

AB282-ASA1,39,22 c. One member, appointed by the mayor of the city of Milwaukee.

AB282-ASA1,39,24 d. One member from the authority's jurisdictional area, appointed by the governor.

AB282-ASA1,40,3 (4) Authority powers and duties. (a) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority shall do all of the following:

AB282-ASA1,40,7 1. Provide, or contract with existing transit providers for the provision of, transit service within the authority's jurisdictional area, except that an authority that includes Milwaukee County shall contract with the Milwaukee County board for the authority to provide transit service in Milwaukee County.

AB282-ASA1,40,10 2. Provide transit planning within the authority's jurisdictional area. Each transit plan of the authority shall be submitted to the southeastern regional transit authority.

AB282-ASA1,40,13 (b) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, in addition to the duties specified in par. (a), an authority may do any of the following:

AB282-ASA1,40,15 1. Acquire a comprehensive unified local transit system by entering into a transfer agreement with the owner of the system.

AB282-ASA1,40,16 2. Subject to sub. (5), apply for and utilize state and federal funds.

AB282-ASA1,40,20 3. Subject to the provisions of par. (a) 1. relating to contracts in Milwaukee County, provide transit service, or contract for the provision of transit service, outside the authority's jurisdictional area if such transit service would benefit residents within the authority's jurisdictional area.

AB282-ASA1,41,2 (5) Federal and state aid; incentive funds. Any application by an authority for federal or state funding shall first be submitted to the southeastern regional transit authority, which shall then provide the application to the appropriate federal or state agency. If the application results in the receipt of any federal or state funds, 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 the application.

AB282-ASA1,41,5 (6) Authority revenue requirements. (a) An authority may generate revenue by doing any of the following, except that an authority that includes Milwaukee County may generate revenue only as provided in subd. 1.:

AB282-ASA1,41,18 1. a. Imposing, by the adoption of a resolution by the board of directors, the taxes under s. 77.708, except that no authority may adopt such a resolution until a referendum is held in the authority's jurisdictional area on the question of whether the authority may impose the taxes under s. 77.708 and the referendum is decided in the affirmative. For purposes of an authority that has Milwaukee County as the boundaries of its jurisdictional area, the referendum for imposing sales and use taxes for transit purposes that was approved in 2008 in Milwaukee County satisfies the referendum requirement of this subd. 1. a. If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy of the resolution to the department of revenue at least 120 days before its effective date. The authority may, by adoption of a resolution by the board of directors, repeal the imposition of the taxes under s. 77.708 and shall deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.

AB282-ASA1,42,10 b. If the authority adopts a resolution as provided in subd. 1. a., it shall specify to the department of revenue the exact boundaries of the authority's jurisdictional area. If the boundaries are the same as the county lines on all sides of the authority's jurisdictional area, the resolution shall specify the county or counties that comprise the authority's entire jurisdictional area. If the boundaries are other than a county line on any side of the authority's jurisdictional area, the authority shall provide the 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 are within the authority's jurisdictional area and not included in any 9-digit zip code that is entirely within the authority's jurisdictional area. The authority shall provide a certified copy of the information required under this subd. 1. b. to the department, in the manner, format, and layout prescribed by the department, at least 120 days prior to the resolution's effective date. If the boundaries of the authority's jurisdictional area subsequently change, the authority shall submit a certified copy of the information required under this subd. 1. b. to the department, in the manner, format, and layout prescribed by the department, at least 120 days prior to the change's effective date.

AB282-ASA1,42,15 c. If the authority adopts a resolution as provided in subd. 1. a., beginning with the year in which the resolution is adopted, no participating political subdivision may levy property taxes for transit. This subd. 1. c. does not apply to the year in which the resolution is adopted if the resolution is adopted after the participating political subdivision establishes its property tax levy for transit.

AB282-ASA1,42,17 2. Charging a membership fee to the participating political subdivisions of the authority.

AB282-ASA1,42,22 (b) An authority shall generate revenue equal to the amount required by pars. (c) and (d). This minimum revenue requirement may be met through funding from one or a combination of revenue sources identified by resolution under sub. (2) (c) 2., including any revenue option under par. (a) except that an authority that includes Milwaukee County may not generate revenue as provided in par. (a) 2.

AB282-ASA1,42,24 (c) 1. Within 2 years after the creation of an authority, the authority shall do any of the following:

AB282-ASA1,43,6 a. Generate revenue sufficient to offset a 30 percent reduction in passenger fare revenues resulting from transit operations or to provide an 8 percent increase in transit service, or a combination of both, as compared with passenger fare revenues and transit service as of the time that the authority was created. With this revenue, the authority shall implement either the specified reduction in passenger fares or the specified increase in transit service, or a combination of both.

AB282-ASA1,43,12 b. Invest an amount, equivalent to the revenue that would be sufficient to provide an 8 percent increase in transit service, in either improving existing capital assets of the authority or making new capital purchases and improvements for the authority. An investment under this subd. 1. b. is not considered to be made until funds have actually been expended or committed for any applicable purchase or improvement.

AB282-ASA1,43,15 c. If the authority includes Milwaukee County, increase transit service to a level equal to or greater than the level of transit service provided in Milwaukee County in 2001.

AB282-ASA1,43,22 2. For purposes of this paragraph, a 15 percent reduction in passenger fare revenues is equivalent to a 4 percent increase in transit service. For purposes of this paragraph, increases in transit service may be calculated by the increase in either transit service miles or transit service hours regardless of whether the transit service occurs within or outside the authority's jurisdictional area, and increases in paratransit miles or paratransit hours shall be included in calculating increases in transit service miles or transit service hours.

AB282-ASA1,44,10 3. Every 2 years after an authority is created under this section, the department shall determine and certify whether the authority has met the requirements specified in this paragraph. In making this determination, the department shall calculate, and make publicly available, the dollar amount of the passenger fare revenue reductions and the transit service mile or hour increases that would be necessary for the authority to satisfy the requirements under subd. 1. a., the dollar amount of the investment in existing capital asset improvements or new capital purchases and improvements that would be necessary for the authority to satisfy the requirements under subd. 1. b., and the transit service mile or hour increases that would be necessary for the authority to satisfy the requirement under subd. 1. c. In making its calculation and determination under this subdivision, the department shall consider whether, and make allowances for the fact that, any municipality or county joined the authority under sub. (2) (b) after its initial creation.

AB282-ASA1,44,14 (d) 1. Within 4 years after the creation of an authority, in addition to continuing to satisfy the requirements specified in par. (c), the authority shall improve the interconnectivity of its transit system by linking with other modes of transportation and improving cross-county links.

AB282-ASA1,44,18 2. The department shall, by rule, establish criteria for determining whether an authority has satisfied the requirement under subd. 1. In promulgating this rule, the department shall take into account the concerns of taxpayers and the mobility concerns of employers and employees.

AB282-ASA1,44,20 3. The department shall determine and certify whether an authority has satisfied the requirement specified in subd. 1.

AB282-ASA1,44,25 (e) 1. Subject to subd. 3., if an authority does not meet the requirements specified in pars. (c) 1. and (d) within the time limits specified in those provisions, the authority is not eligible for incentive funding provided under s. 59.58 (7) (L) or (m). This subdivision does not apply with respect to incentive funds specified in s. 59.58 (7) (L) 5. and (m) 3.

AB282-ASA1,45,9 2. Subject to subd. 3., if an authority does not meet the requirements specified in pars. (c) 1. and (d) within 2 years after the time limits specified in those provisions, the authority shall be dissolved and responsibility for providing transit service and transit planning, as well as all assets, liabilities, rights, and obligations of the authority, shall revert to the participating political subdivisions of the authority. If an authority is dissolved under this subdivision, the authority shall, before dissolving, adopt a resolution by the board of directors repealing the imposition of the taxes under s. 77.708 and deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.

AB282-ASA1,45,13 3. If any municipality or county joins an authority under sub. (2) (b) after its initial creation, the department may make allowances for this fact, including delaying or suspending the penalties under subds. 1. and 2. for failure to meet the requirements specified in pars. (c) 1. and (d).

AB282-ASA1,45,23 (7) Sunset and transition. (a) When 3 authorities created under this section have been certified by the department under sub. (6) (d) 3. as having satisfied the requirement specified in sub. (6) (d) 1., the department shall provide notice of this fact to every authority created under this section, specifically identifying these 3 authorities, and this notice shall be considered the department's first notice under this paragraph. If any authority created under this section is subsequently certified by the department under sub. (6) (d) 3. as having satisfied the requirement specified in subd. (6) (d) 1., the department shall provide notice of this fact to the southeastern regional transit authority and to every authority created under this section, specifically identifying the authority that has been subsequently certified.

AB282-ASA1,46,10 (b) Upon receiving a notice specified in par. (a), each authority identified in the notice shall begin the process of winding down and dissolving, including taking those actions specified in this subsection, and shall complete this process no later than 120 days after receiving the notice. Notwithstanding sub. (4), upon receiving a notice specified in par. (a), the duties of each authority identified in the notice shall be limited to winding down and dissolving the authority and facilitating the transition described in this paragraph. The board of directors of the authority shall assist in good faith in the transition from the authority to the southeastern regional transit authority. The southeastern regional transit authority shall be considered the successor to an authority created under this section and wound down under this paragraph. As part of the authority's winding down process, all of the following shall occur: