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a political subdivision has withdrawn from an authority as provided in par.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(c) If a political subdivision has withdrawn from an authority as provided in 10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.
2. For purposes of this paragraph, a 15 percent reduction in passenger fare 17
revenues is equivalent to a 4 percent increase in transit service. For purposes of this 18
paragraph, increases in transit service may be calculated by the increase in either 19
transit service miles or transit service hours regardless of whether the transit service 20
occurs within or outside the authority's jurisdictional area, and increases in 21
paratransit miles or paratransit hours shall be included in calculating increases in 22
transit service miles or transit service hours.
3. Every 2 years after an authority is created under this section, the 24
department shall determine and certify whether the authority has met the 25
requirements specified in this paragraph. In making this determination, the
department shall calculate, and make publicly available, the dollar amount of the 2
passenger fare revenue reductions and the transit service mile or hour increases that 3
would be necessary for the authority to satisfy the requirements under subd. 1. a., 4
the dollar amount of the investment in existing capital asset improvements or new 5
capital purchases and improvements that would be necessary for the authority to 6
satisfy the requirements under subd. 1. b., and the transit service mile or hour 7
increases that would be necessary for the authority to satisfy the requirement under 8
subd. 1. c. In making its calculation and determination under this subdivision, the 9
department shall consider whether, and make allowances for the fact that, any 10
municipality or county joined the authority under sub. (2) (b) after its initial creation.
(d) 1. Within 4 years after the creation of an authority, in addition to continuing 12
to satisfy the requirements specified in par. (c), the authority shall improve the 13
interconnectivity of its transit system by linking with other modes of transportation 14
and improving cross-county links.
2. The department shall, by rule, establish criteria for determining whether an 16
authority has satisfied the requirement under subd. 1. In promulgating this rule, 17
the department shall take into account the concerns of taxpayers and the mobility 18
concerns of employers and employees.
3. The department shall determine and certify whether an authority has 20
satisfied the requirement specified in subd. 1.
(e) 1. Subject to subd. 3., if an authority does not meet the requirements 22
specified in pars. (c) 1. and (d) within the time limits specified in those provisions, 23
the authority is not eligible for incentive funding provided under s. 59.58 (7) (L) or 24
(m). This subdivision does not apply with respect to incentive funds specified in s. 25
59.58 (7) (L) 5. and (m) 3.
2. Subject to subd. 3., if an authority does not meet the requirements specified 2
in pars. (c) 1. and (d) within 2 years after the time limits specified in those provisions, 3
the authority shall be dissolved and responsibility for providing transit service and 4
transit planning, as well as all assets, liabilities, rights, and obligations of the 5
authority, shall revert to the participating political subdivisions of the authority. If 6
an authority is dissolved under this subdivision, the authority shall, before 7
dissolving, adopt a resolution by the board of directors repealing the imposition of the 8
taxes under s. 77.708 and deliver a certified copy of the repeal resolution to the 9
department of revenue at least 120 days before its effective date.
3. If any municipality or county joins an authority under sub. (2) (b) after its 11
initial creation, the department may make allowances for this fact, including 12
delaying or suspending the penalties under subds. 1. and 2. for failure to meet the 13
requirements specified in pars. (c) 1. and (d).
14(7) Sunset and transition
. (a) When 3 authorities created under this section 15
have been certified by the department under sub. (6) (d) 3. as having satisfied the 16
requirement specified in sub. (6) (d) 1., the department shall provide notice of this 17
fact to every authority created under this section, specifically identifying these 3 18
authorities, and this notice shall be considered the department's first notice under 19
this paragraph. If any authority created under this section is subsequently certified 20
by the department under sub. (6) (d) 3. as having satisfied the requirement specified 21
in subd. (6) (d) 1., the department shall provide notice of this fact to the southeastern 22
regional transit authority and to every authority created under this section, 23
specifically identifying the authority that has been subsequently certified.
(b) Upon receiving a notice specified in par. (a), each authority identified in the 25
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 2
days after receiving the notice. Notwithstanding sub. (4), upon receiving a notice 3
specified in par. (a), the duties of each authority identified in the notice shall be 4
limited to winding down and dissolving the authority and facilitating the transition 5
described in this paragraph. The board of directors of the authority shall assist in 6
good faith in the transition from the authority to the southeastern regional transit 7
authority. The southeastern regional transit authority shall be considered the 8
successor to an authority created under this section and wound down under this 9
paragraph. As part of the authority's winding down process, all of the following shall 10
1. The assets and liabilities of the authority shall become the assets and 12
liabilities of the southeastern regional transit authority.
2. All tangible personal property, including records, of the authority shall be 14
transferred to the southeastern regional transit authority.
3. All contracts entered into by the authority, in effect at the time of winding 16
down the authority, remain in effect and are transferred to the southeastern regional 17
transit authority. The southeastern regional transit authority shall carry out any 18
obligations under such a contract until the contract is modified or rescinded by the 19
southeastern regional transit authority to the extent allowed under the contract.
(c) Any authority identified in a notice under par. (a) terminates on the 120th 21
day after the authority receives that notice.
70.11 (2) Municipal property and property of certain districts, exception. 25
Property owned by any county, city, village, town, school district, technical college
district, public inland lake protection and rehabilitation district, metropolitan 2
sewerage district, municipal water district created under s. 198.22, joint local water 3
authority created under s. 66.0823, transit authority created under s. 59.58 (7) or, 4
66.1039, or 66.1041,
long-term care district under s. 46.2895 or town sanitary 5
district; lands belonging to cities of any other state used for public parks; land 6
tax-deeded to any county or city before January 2; but any residence located upon 7
property owned by the county for park purposes that is rented out by the county for 8
a nonpark purpose shall not be exempt from taxation. Except as to land acquired 9
under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after 10
August 17, 1961, to any such governmental unit or for its benefit while the grantor 11
or others for his or her benefit are permitted to occupy the land or part thereof in 12
consideration for the conveyance. Leasing the property exempt under this 13
subsection, regardless of the lessee and the use of the leasehold income, does not 14
render that property taxable.
(b) Political units.
Income received by the United States, the state 18
and all counties, cities, villages, towns, school districts, technical college districts, 19
joint local water authorities created under s. 66.0823, transit authorities created 20
under s. 59.58 (7) or,
66.1039, or 66.1041,
long-term care districts under s. 46.2895 21
or other political units of this state.
(dn) Indicate the proportionate amount of the property taxes levied 24
for transit purposes that were removed from the levy as a result of the taxes imposed 25
under s. 66.1039 (4) (s) 1. by a regional transit authority created under s. 66.1039 (2)
(d) or imposed under s. 66.1041 (6) (a) 1. by an interim regional transit authority 2
created under s. 66.1041.
(er) Any transit authority created under s. 59.58 (7) or,
A transit authority created under s. 59.58,
66.1039, or 66.1041,
resolution under s. 59.58 (7) (n) 2.,
66.1039 (4) (s), or 66.1041 (6) (a) 1., respectively, 11
may impose a sales tax and a use tax under this subchapter at a rate not to exceed 12
0.5 percent of the sales price or purchase price or, if lower and the transit authority
13is created under s. 66.1039 (2g), at a rate not to exceed the maximum rate established
14by resolution under s. 66.1039 (2g) (d) 10
. Those taxes may be imposed only in their 15
entirety. The resolution shall be effective on the first day of the first calendar quarter 16
that begins at least 120 days after the adoption of the resolution.