Amendment ASA2-AB723

AB723-ASA2,8,12 59.58 (7) (a) 1. "Authority" Except as used in subd. 4., "authority" means the southeastern regional transit authority created under this subsection.

AB723-ASA2, s. 9 Section 9. 59.58 (7) (a) 4. of the statutes is created to read:

AB723-ASA2,8,15 59.58 (7) (a) 4. "Milwaukee Transit Authority" means an authority created under s. 66.1038.

AB723-ASA2, s. 10 Section 10. 59.58 (7) (b) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,8,25 59.58 (7) (b) There is created the southeastern regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties and cities of Kenosha, Racine, and Milwaukee, as well as any other municipality located within the counties of Kenosha, Racine, and Milwaukee that operates a transit system receiving funding under s. 85.20. This authority may transact business and exercise any powers granted to it under this subsection. The jurisdictional area of this authority is the geographic area formed by the combined territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.

AB723-ASA2, s. 11 Section 11. 59.58 (7) (d) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,9,6 59.58 (7) (d) The Subject to par. (o), the authority shall have all powers necessary and convenient to plan, create, construct, operate, and manage a KRM commuter rail line. The authority may operate the KRM commuter rail line itself or may contract for a rail service to operate the KRM commuter rail line.

AB723-ASA2, s. 12 Section 12. 59.58 (7) (dm) of the statutes is created to read:

AB723-ASA2,9,11 59.58 (7) (dm) A KRM commuter rail line may not include a stop in any municipality in the authority's jurisdictional area unless the municipality in which the stop is to be located has a sustainable mechanism to help fund local transit and the municipality is a member of the authority.

AB723-ASA2, s. 13 Section 13. 59.58 (7) (e) 2. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,9,18 59.58 (7) (e) 2. Retain Except as provided in subd. 3., retain the difference between the amount of the fees imposed under subch. XIII of ch. 77 and the amount of those fees retained under subd. 1. for expenditures related to the KRM commuter rail line, including planning, construction, maintenance, operations, and engineering expenditures.

AB723-ASA2, s. 14 Section 14. 59.58 (7) (e) 3. of the statutes is created to read:

AB723-ASA2,9,21 59.58 (7) (e) 3. Provide incentive funds to the cities of Kenosha and Racine in compliance with the requirements specified in par. (L).

AB723-ASA2, s. 15 Section 15. 59.58 (7) (f) 2. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,9,26 59.58 (7) (f) 2. The Except as provided in par. (p), the authority may issue bonds in an aggregate principal amount not to exceed $50,000,000 $250,000,000, excluding bonds issued to refund outstanding bonds issued under this subdivision, for the purpose of providing funds for the anticipated local funding share required for initiating KRM commuter rail line service.

AB723-ASA2, s. 16 Section 16. 59.58 (7) (f) 4. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,10,10 59.58 (7) (f) 4. The bonds of the authority are not a debt of the counties or cities that comprise the authority. Neither these counties, nor cities, nor the state are liable for the payment of the bonds. The bonds of the authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this subdivision on the face of the bonds.

AB723-ASA2, s. 17 Section 17. 59.58 (7) (g) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,10,15 59.58 (7) (g) All moneys transferred under s. 59.58 (6) (cg), 2007 stats., shall be used by the authority to assist in the planning of the KRM commuter rail line project.

AB723-ASA2, s. 18 Section 18. 59.58 (7) (i) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,10,21 59.58 (7) (i) The authority is the only entity in the counties of Milwaukee, Racine, and Kenosha that may submit an application for funding to the federal transit administration in the U.S. department of transportation under the federal new starts grant program for funding for the KRM commuter rail line.

AB723-ASA2, s. 19 Section 19. 59.58 (7) (j) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,11,3 59.58 (7) (j) The operator of any transit system in Kenosha County or Racine County receiving funding under s. 85.20, and the Milwaukee Transit Authority if created under s. 66.1038, shall provide copies of all of their annual and long-term transit plans to the southeastern regional transit authority as these plans become available.

AB723-ASA2, s. 20 Section 20. 59.58 (7) (k) of the statutes is created to read:

AB723-ASA2,11,8 59.58 (7) (k) The authority shall develop goals and criteria for increasing transit service, increasing connectivity among transit systems, and reducing passenger fare support for transit. The authority shall evaluate success in achieving these goals and meeting these criteria.

AB723-ASA2, s. 21 Section 21. 59.58 (7) (L) of the statutes is created to read:

AB723-ASA2,11,15 59.58 (7) (L) From the fees identified in par. (e) and the aids received by the authority under s. 85.20 (4m) (a) 6. f., the authority shall provide incentive funds to the city of Kenosha and to the city of Racine, in the amount of $2,500,000 for each city, if the city commits to support the authority's provision of transit service, from city property tax revenues, at then-current operating levels and at inflation-adjusted future operating levels.

AB723-ASA2, s. 22 Section 22. 59.58 (7) (m) of the statutes is created to read:

AB723-ASA2,12,3 59.58 (7) (m) Except as provided in par. (n), and notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 66 or 85, beginning on January 1, 2011, the authority shall assume responsibility for providing transit service and transit planning within the jurisdictional area of the authority. The authority may also provide transit service outside the authority's jurisdictional area if such transit service would benefit residents within the authority's jurisdictional area. In lieu of directly providing transit service, the authority may contract with existing transit providers for the provision of transit service. An authority may also acquire a comprehensive unified local transit system, as defined in s. 66.1039 (1) (d), by entering into a transfer agreement with the owner of the system. The authority shall have all powers necessary and convenient to carry out its responsibilities under this paragraph, including the power to apply for and utilize state and federal funds.

AB723-ASA2, s. 23 Section 23. 59.58 (7) (n) of the statutes is created to read:

AB723-ASA2,12,7 59.58 (7) (n) 1. The authority may not assume responsibility for providing transit service and transit planning in Milwaukee County until all of the following occur:

AB723-ASA2,12,8 a. A Milwaukee Transit Authority is created as provided in s. 66.1038 (2).

AB723-ASA2,12,9 b. Until approval of an application as described in s. 66.1038 (7) (a).

AB723-ASA2,12,11 2. When the last of the conditions specified in subd. 1. occurs, the authority shall do all of the following:

AB723-ASA2,12,14 a. Assist the Milwaukee Transit Authority in the winding down process described in s. 66.1038 (7) (a) and (b), including assisting in the orderly transfer of assets and property to the southeastern regional transit authority.

AB723-ASA2,12,16 b. Within 120 days thereafter, assume responsibility for providing transit service and transit planning in Milwaukee County under par. (m).

AB723-ASA2, s. 24 Section 24. 59.58 (7) (o) of the statutes is created to read:

AB723-ASA2,12,24 59.58 (7) (o) If any county transfers sales tax revenues to the authority, the authority may expend these funds only in the county in which the revenues were generated and only for purposes of providing transit service or transit planning within this county. These funds may not be expended for purposes related to the KRM commuter rail line. This paragraph does not prohibit the authority from using any available revenues for payment of debt service on bonds issued under par. (f) that were issued for purposes consistent with this paragraph.

AB723-ASA2, s. 25 Section 25. 59.58 (7) (p) of the statutes is created to read:

AB723-ASA2,13,6 59.58 (7) (p) After the authority assumes responsibility for providing transit service under par. (m), in addition to the authorization under par. (f) 2., the authority may use bond proceeds from the bonds issued under par. (f) for the construction of new capital improvements to the authority's transit system or for the acquisition of existing transit systems in any portion of the authority's jurisdictional area where the authority provides transit service.

AB723-ASA2, s. 26 Section 26. 66.0301 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 112, is amended to read:

AB723-ASA2,13,24 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, the southeastern regional transit authority under s. 59.58 (7), long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

AB723-ASA2, s. 27 Section 27. 66.0903 (1) (d) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,14,9 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. "Local governmental unit" includes a regional transit authority created under s. 66.1039, the Milwaukee Transit Authority created under s. 66.1038, and the southeastern regional transit authority created under s. 59.58 (7).

AB723-ASA2, s. 28 Section 28. 66.1038 of the statutes is created to read:

AB723-ASA2,14,11 66.1038 Milwaukee Transit Authority. (1) Definitions. In this section:

AB723-ASA2,14,13 (a) Except as used in par. (c), "authority" means a Milwaukee Transit Authority created under this section.

AB723-ASA2,14,14 (b) "KRM commuter rail line" has the meaning given in s. 59.58 (7) (a) 3.

AB723-ASA2,14,16 (c) "Southeastern regional transit authority" means the southeastern regional transit authority created under s. 59.58 (7).

AB723-ASA2,14,22 (2) Creation. Subject to the tax imposition requirement of s. 77.70 (2), the Milwaukee County board may create a Milwaukee Transit Authority, a public body corporate and politic and a separate governmental entity. Once created, the authority may transact business and exercise any powers granted to it under this section. The jurisdictional area of this authority is the geographic area formed by the territorial boundaries of Milwaukee County.

AB723-ASA2,15,3 (3) Governance. (a) Upon creation, the powers of the authority shall be vested in its board of directors. Directors shall be appointed for 2-year terms. 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.

AB723-ASA2,15,4 (b) The board of directors of the authority consists of the following members:

AB723-ASA2,15,6 1. Two members from the authority's jurisdictional area, appointed by the Milwaukee County board chairperson.

AB723-ASA2,15,9 2. 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.

AB723-ASA2,15,10 3. One member, appointed by the mayor of the city of Milwaukee.

AB723-ASA2,15,12 4. One member from the authority's jurisdictional area, appointed by the governor.

AB723-ASA2,15,14 (c) The bylaws of the authority shall govern its management, operations, and administration, consistent with the provisions of this section.

AB723-ASA2,15,21 (4) Powers. (a) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, but subject to sub. (7), upon creation, the authority and the Milwaukee County board shall contract for the authority to provide, beginning on January 1, 2011, or as soon after creation of the authority as is reasonably feasible, whichever is later, transit service and transit planning in Milwaukee County. The authority shall have all powers necessary and convenient to carry out this purpose. The authority's powers shall be limited to those specified in this section.

AB723-ASA2,15,22 (b) The authority shall be provided the tax revenues imposed under s. 77.70 (2).

AB723-ASA2,16,3 (5) Budgets; revenues; audit. The board of directors of the authority shall annually prepare a budget for the authority. Revenues of the authority shall be used only for the expenses and specific purposes of the authority. The authority shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements audited annually by an independent certified public accountant.

AB723-ASA2,16,8 (6) Other statutes. This section does not limit the powers of political subdivisions to enter into intergovernmental cooperation or contracts or to establish separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or otherwise to carry out their powers under applicable statutory provisions. Section 66.0803 (2) does not apply to the authority.

AB723-ASA2,16,15 (7) Sunset and transition. (a) Upon approval by the federal transit administration in the U.S. department of transportation of an application under the federal new starts grant program for funding for the KRM commuter rail line, the authority shall begin the process of winding down and dissolving, including taking those actions specified in par. (b), and shall complete this process no later than 120 days after the date of the approval. The authority terminates on the 120th day after the date of the approval.

AB723-ASA2,16,21 (b) Upon approval of an application as described in par. (a) and the winding down and dissolution of the authority under this subsection, the southeastern regional transit authority shall become the successor to the authority. The board of directors of the authority shall assist in good faith in the transition from the authority to the southeastern regional transit authority. As part of the authority's winding down process, all of the following shall occur:

AB723-ASA2,16,23 1. The assets and liabilities of the authority shall become the assets and liabilities of the southeastern regional transit authority.

AB723-ASA2,16,25 2. All tangible personal property, including records, of the authority shall be transferred to the southeastern regional transit authority.

AB723-ASA2,17,6 3. All contracts entered into by the authority, in effect at the time of winding down the authority, remain in effect and are transferred to the southeastern regional transit authority. The southeastern regional transit authority shall carry out any obligations under such a contract until the contract is modified or rescinded by the southeastern regional transit authority to the extent allowed under the contract. This subdivision does not apply to the contract specified in par. (c).

AB723-ASA2,17,12 (c) The contract between the authority and the Milwaukee County board under sub. (4) shall require that, as part of the winding down and dissolution of the authority under this subsection, the contract will terminate and responsibility for providing transit service and transit planning in Milwaukee County will thereafter be assumed by the southeastern regional transit authority under s. 59.58 (7) (m) and (n).

AB723-ASA2, s. 29 Section 29. 70.11 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,18,5 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0823, transit authority created under s. 59.58 (7), 66.1038, or 66.1039, long-term care district under s. 46.2895 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

AB723-ASA2, s. 30 Section 30. 71.26 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,18,12 71.26 (1) (b) Political units. Income received by the United States, the state and all counties, cities, villages, towns, school districts, technical college districts, joint local water authorities created under s. 66.0823, transit authorities created under s. 59.58 (7), 66.1038, or 66.1039, long-term care districts under s. 46.2895 or other political units of this state.

AB723-ASA2, s. 31 Section 31. 74.09 (3) (gd) of the statutes is created to read:

AB723-ASA2,18,17 74.09 (3) (gd) For Milwaukee County, if it imposes a sales and use tax under s. 77.70 (2), indicate the amount of the reduction in property taxes associated with the requirement under s. 77.70 (2) to remove transit expenditures from the property tax levy.

AB723-ASA2, s. 32 Section 32. 77.54 (9a) (er) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,18,21 77.54 (9a) (er) Any transit authority created under s. 59.58 (7), 66.1038, or 66.1039.

AB723-ASA2, s. 33 Section 33. 77.70 (2) of the statutes is created to read:

AB723-ASA2,19,14 77.70 (2) In addition to the taxes imposed under sub. (1), if the Milwaukee County board creates a Milwaukee Transit Authority as provided in s. 66.1038 (2), the Milwaukee County board shall adopt an ordinance to impose a sales and use tax under this subchapter at the rate of 0.5 percent of the sales price or purchase price. The taxes may be imposed only in their entirety. If Milwaukee County imposes the taxes under this subsection, it shall not levy property taxes for transit purposes. If Milwaukee County imposes the taxes under this subsection, it shall distribute the tax revenue to the Milwaukee Transit Authority created under s. 66.1038, except that, upon approval of an application as described in s. 66.1038 (7) (a), it shall distribute the tax revenue to the southeastern regional transit authority created under s. 59.58 (7). An ordinance adopted under this subsection shall be effective on the first day of January, the first day of April, the first day of July, or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal.

AB723-ASA2, s. 34 Section 34. 85.063 (3) (b) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,19,21 85.063 (3) (b) 1. Upon completion of a planning study under sub. (2), or, to the satisfaction of the department, of a study under s. 85.022, a political subdivision in a county, or a transit authority created under s. 66.1039, or the southeastern regional transit authority under s. 59.58 (7), that includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.

AB723-ASA2, s. 35 Section 35. 85.20 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,20,7 85.20 (4m) (a) (intro.) The department shall pay annually to the eligible applicant described in subd. 6. cm. the amount of aid specified in subd. 6. cm. The department shall pay annually to the eligible applicant described in subd. 6. d. the amount of aid specified in subd. 6. d. The department shall allocate an amount to each eligible applicant described in subd. 6. e., 6. f., 7., or 8. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system for the calendar year. The department shall make allocations as follows:

AB723-ASA2, s. 36 Section 36. 85.20 (4m) (a) 6. e. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,20,14 85.20 (4m) (a) 6. e. From the appropriation under s. 20.395 (1) (hw), the department may pay the uniform percentage for each eligible applicant for a planned commuter or light rail system that has been enumerated under s. 85.062 (3). An eligible applicant may not receive aid under subd. 6. cm. or d., 7., or 8. for a commuter rail or light rail transit system.

AB723-ASA2, s. 37 Section 37. 85.20 (4m) (a) 6. f. of the statutes is created to read:

AB723-ASA2,20,18 85.20 (4m) (a) 6. f. From the appropriation under s. 20.395 (1) (hy), the department may pay the uniform percentage for each eligible applicant for making payments under s. 59.58 (7) (L).

AB723-ASA2, s. 38 Section 38. 85.20 (4s) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,20,25 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hr), (hs), (ht), (hu), or (hw) , or (hy).

AB723-ASA2, s. 39 Section 39. 111.70 (1) (j) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA2,21,10 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7), 66.1038, or 66.1039, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.