Under current law, the counties of Kenosha, Racine, and Milwaukee must create a Regional Transit Authority (KRM RTA). The KRM RTA is responsible for the coordination of transit and commuter rail programs within these counties but has no authority to manage or operate any transit system. The KRM RTA may receive funding by imposing a rental car transaction fee within these counties, but the fee may be used only to hire staff, conduct studies, and prepare a report to the legislature and the governor, due by November 15, 2008. The report must include certain information, including a recommendation as to whether the responsibilities of the KRM RTA should be limited to collection and distribution of regional transit funding or should also include operation of transit service and a recommendation on whether the KRM RTA should continue in existence after September 30, 2009.
This bill terminates the KRM RTA and modifies the rental car transaction fee so that it provides a funding source for the SE RTA if the SE RTA is created.
For further information see the local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.566 (1) (gc) of the statutes is created to read:
20.566 (1) (gc) Administration of transit authority taxes. From the moneys received from the appropriation account under s. 20.835 (4) (gc), the amounts in the schedule for the purpose of administering the transit authority taxes imposed under s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the unencumbered balance in this appropriation account shall be transferred to the appropriation account under s. 20.835 (4) (gc).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.835 (4) (gc) of the statutes is created to read:
20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc), for the purpose of distribution to the transit authorities that adopt a resolution imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited to the appropriation account under s. 20.566 (1) (gc).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.835 (4) (gh) of the statutes is amended to read:
20.835 (4) (gh) Regional transit authority fees. All moneys received from the fees imposed under subch. XIII of ch. 77, and from the appropriation account under s. 20.566 (1) (gh), for distribution to the regional transit authority created under s. 59.58 (6) 66.1039 (2) (a), except that 2.55% of the moneys received from the fees imposed under subch. XIII of ch. 77 shall be credited to the appropriation account under s. 20.566 (1) (gh).
SECTION 4. 32.02 (11) of the statutes is amended to read:
32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333; community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under subch. II of ch. 229; or transit authority created under s. 66.1039.
SECTION 5. 32.05 (1) (a) of the statutes is amended to read:
32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, the secretary of transportation, a commission created by contract under s. 66.0301, a joint local water authority created by contract under s. 66.0823, a transit authority created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.
SECTION 6. 32.07 (2) of the statutes is amended to read:
32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.
SECTION 7. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20, section 756, is amended to read:
40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.
SECTION 8. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20, section 757, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.
SECTION 9. 59.58 (6) (a) 1. of the statutes is amended to read:
59.58 (6) (a) 1. "Authority" means the regional transit authority created under this subsection.
SECTION 10. 59.58 (6) (cg) 1. of the statutes is renumbered 66.1039 (15) and amended to read:
66.1039 (15) The ADDITIONAL FUNDING FOR SOUTHEAST REGIONAL TRANSIT AUTHORITY. In addition to any other funding authorized under this section, an authority created under sub. (2) (a) may impose the fees under subch. XIII of ch. 77.
SECTION 11. 59.58 (6) (cg) 2. of the statutes is amended to read:
59.58 (6) (cg) 2. The authority shall retain all revenues received under subd. 1., 2007 stats., except those expended as authorized under par. (cr), until the authority has submitted the report specified in par. (e) and action on the report is taken by the legislature.
SECTION 12. 59.58 (6) (cg) 3. of the statutes is amended to read:
59.58 (6) (cg) 3. The authority may not use any revenues received under subd. 1., 2007 stats., for lobbying activities or to contract for lobbying services.
SECTION 13. 59.58 (6) (f) of the statutes is created to read:
59.58 (6) (f) The authority shall terminate on the first day of the 3rd month beginning after the effective date of this paragraph .... [LRB inserts date].
SECTION 14. 66.0301 (1) (a) of the statutes is amended to read:
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, a local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, 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, or city-county health department.
SECTION 15. 66.1039 of the statutes is created to read:
66.1039 Transit authorities. (1) DEFINITIONS. In this section:
(a) "Authority" means a transit authority created under this section.
(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.
(c) "Common carrier" means any of the following:
1. A common motor carrier, as defined in s. 194.01 (1).
2. A contract motor carrier, as defined in s. 194.01 (2).
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
4. A water carrier, as defined in s. 195.02 (5).
(d) "Comprehensive unified local transportation system" means a transportation system that is comprised of motor bus lines and any other local public transportation 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.
(e) "Madison metropolitan planning area" means the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Madison.
(f) "Municipality" means any city, village, or town.
(g) "Participating political subdivision" means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.
(h) "Political subdivision" means a municipality or county.
(i) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.
(j) "Urbanized Fox Cities metropolitan planning area" means the urbanized area, as defined in 23 USC 134 (b) (6), of the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Appleton.
(2) CREATION OF TRANSIT AUTHORITIES. (a) Southeast regional transit authority. 1. The southeast regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Milwaukee County or Kenosha County, or of any municipality located in whole or in part within that portion of Racine County east of I 94, adopts a resolution authorizing the county or municipality to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.
2. After an authority is created under subd. 1., any of the counties of Kenosha, Milwaukee, and Racine, and any municipality located in whole or in part within that portion of Racine County east of I 94, if the county or municipality is not already a member of the authority as provided under subd. 1., may join the authority created under subd. 1. if the governing body of the county or municipality adopts a resolution to join the authority.
3. If Milwaukee County or Kenosha County adopts a resolution under subd. 1. or 2., any municipality located in whole or in part within Milwaukee County or Kenosha County, respectively, shall be a member of the authority.
4. Any of the counties of Waukesha, Ozaukee, and Washington may join the authority created under subd. 1. if the governing body of the county adopts a resolution to join the authority.
5. Any municipality located in whole or in part within Waukesha County, Ozaukee County, or Washington County may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.
6. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the combined territorial boundaries of any county or municipality that adopts a resolution under subd. 1., 2., 4., or 5.
(b) Dane County regional transit authority. 1. The Dane County regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.
2. If Dane County adopts a resolution under subd. 1., any municipality located in whole or in part within the Madison metropolitan planning area shall be a member of the authority.
3. Any municipality located in whole or in part within Dane County that is not located in whole or in part within the Madison metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.
4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the Madison metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 3.
(c) Fox Cities regional transit authority. 1. There is created the Fox Cities regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Outagamie, Calumet, and Winnebago and any municipality located in whole or in part within the urbanized Fox Cities metropolitan planning area. This authority may transact business and exercise any powers granted to it under this section.
2. Any municipality located in whole or in part within Outagamie County, Calumet County, or Winnebago County that is not located in whole or in part within the urbanized Fox Cities metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.
3. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the urbanized Fox Cities metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 2.
(3) TRANSIT AUTHORITY GOVERNANCE. (a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-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.
(b) If an authority is created under sub. (2) (a), the board of directors of the authority consists of the following members:
1. If Kenosha County adopts a resolution under sub. (2) (a) 1. or 2., one member from Kenosha County, appointed by the county executive and approved by the county board, and one member from the city of Kenosha, appointed by the mayor and approved by the common council.
2. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one member from Milwaukee County, appointed by the county executive and approved by the county board, and one member from the city of Milwaukee, appointed by the mayor and approved by the common council.
3. If the city of Racine adopts a resolution under sub. (2) (a) 1. or 2., one member from the city of Racine, appointed by the mayor and approved by the common council.
4. Two members from the jurisdictional area of the authority, by the governor appointed. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one of the members appointed by the governor under this subdivision shall be from Milwaukee County, for any term commencing after Milwaukee County has adopted the resolution.
5. One member from each county that joins the authority under sub. (2) (a) 4., appointed by the county executive of the county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.
6. One member from each city with a population of more than 60,000 that either adopts a resolution under sub. (2) (a) 5. or is located in a county that has joined the authority under sub. (2) (a) 4., appointed by the mayor of each such city and approved by the common council.
(c) If an authority is created under sub. (2) (b), the board of directors of the authority consists of the following members:
1. Two members from the Madison metropolitan planning area, appointed by the county executive and approved by the county board.
2. Two members appointed by the mayor of the city of Madison and approved by the common council.
3. One member appointed by the governor.
4. One member from each city with a population of more than 20,000 located in Dane County, appointed by the mayor of each such city and approved by the common council.
(d) The board of directors of the authority created under sub. (2) (c) consists of the following members:
1. Three members, one each from the counties of Outagamie, Calumet, and Winnebago, appointed by the county executive of each county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.
2. Two members, one each from the cities of Appleton and Neenah, appointed by the mayor of each such city and approved by the common council.
3. One member from the town of Grand Chute, appointed by the town board chairperson and approved by the town board.
4. One member appointed by the governor.
5. One member appointed as provided in par. (e).
6. One member appointed as provided in par. (f).
(e) 1. Board membership under par. (d) 5. shall follow a rotating order of succession, commencing as specified in subds. 2. and 3. and, after June 30, 2017, repeating in the same order and by the same selection process.
2. For the term commencing on the effective date of this subdivision and expiring on June 30, 2013, the member specified in par. (d) 5. shall be from the town of Menasha and shall be appointed by the town board chairperson and approved by the town board.
3. For the term commencing on July 1, 2013 and expiring on June 30, 2017, the member specified in par. (d) 5. shall be from the city of Menasha and shall be appointed by the mayor of the city and approved by the common council.
(f) 1. Board membership under par. (d) 6. shall follow a rotating order of succession, commencing as specified in subds. 2. to 5. and, after June 30, 2025, repeating in the same order and by the same selection process.
2. For the term commencing on the effective date of this subdivision and expiring on June 30, 2013, the member specified in par. (d) 6. shall be from the city of Kaukauna and shall be appointed by the mayor of the city and approved by the common council.
3. For the term commencing on July 1, 2013 and expiring on June 30, 2017, the member specified in par. (d) 6. shall be from the village of Kimberly and shall be appointed by the village president and approved by the village board.
4. For the term commencing on July 1, 2017 and expiring on June 30, 2021, the member specified in par. (d) 6. shall be from the village of Little Chute and shall be appointed by the village president and approved by the village board.
5. For the term commencing on July 1, 2021 and expiring on June 30, 2025, the member specified in par. (d) 6. shall be from the town of Buchanan and shall be appointed by the town board chairperson and approved by the town board.
