SB205: Bill Text

SB205,13,19 (g) If an authority created under par. (a) includes as a participating political subdivision a county that has designated a county jurisdictional area under sub. (3) (a) 1., the authority shall also include at least one municipality within that county.

SB205,14,4 (h) If an authority has been created under this subsection, the participating political subdivisions of the authority may amend or modify their original 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 section for the creation of an authority, except the requirement under par. (e). Any such amendment or modification of the original resolutions creating or joining the authority does not create a new authority unless specifically provided otherwise in the amendment or modification, even if the amendment or modification is undertaken for the purpose of including additional participating political subdivisions in the authority.

SB205,14,12 (i) 1. Subject to subd. 2., an identical resolution under par. (a) or (b) that is approved by a municipality under par. (d) is not effective unless approved by the county that contains the geographical area of the municipality to be included in the authority within 45 days of submission of the resolution to that county for approval. For a county to withhold its approval under this paragraph, the county must adopt a resolution by which the county declares its intention to create an authority that will include the municipality in the authority's jurisdictional area, and declares that it will commence, or has commenced, a study relating to the creation of the authority.

SB205,14,14 2. An identical resolution that is not approved by a county under subd. 1. may go into effect, without county approval, unless each of the following occurs:

SB205,14,17 a. The county that withheld approval completes its study relating to the creation of the authority under subd. 1. within 18 months after the county first withheld its approval of the resolution.

SB205,14,20 b. All of the geographic area of the municipality that is within the county that withheld approval is included within the jurisdictional area of an authority within 24 months after the county first withheld its approval of the resolution.

SB205,14,23 (j) A county that has designated a county jurisdictional area under sub. (3) (a) 2. or 3. may create an authority without joining together with one or more other political subdivisions to create the authority.

SB205,15,2 (3) County jurisdictional area. (a) Subject to par. (c), a county that is a participating political subdivision in an authority must designate, by resolution, the county jurisdictional area of the authority. The county jurisdictional area shall be one of the following:

SB205,15,5 1. The portion of the county that is within the combined territorial boundaries of each of the cities, villages, and towns in the county that are also participating political subdivisions of the authority.

SB205,15,6 2. The territorial boundaries of the county.

SB205,15,10 3. The combined territorial boundaries of each of the cities, villages, and towns in the county with at least 75 percent of their populations residing within a metropolitan planning area, as defined in 23 USC 134 (b) (1), at the time of designation by the county.

SB205,15,14 (b) Under par. (a) 3., counties that contain all or a part of more than one metropolitan planning area may designate a county jurisdictional area for one or more of the metropolitan planning areas for inclusion in the same authority or different authorities.

SB205,15,18 (c) A county may not designate a county jurisdictional area under par. (a) 2. or 3. without prior approval, by resolution, by each city, village, town, or tribal government wholly or partially within the proposed county jurisdictional area that is any of the following:

SB205,15,22 1. The owner, operator, or controlling authority of a transit system that serves at least 10 percent of the passengers, as expressed in unlinked trips, served by all transit systems in the county on average over the 3 years preceding creation of the authority, as determined by the department of transportation.

SB205,15,23 2. A participating political subdivision in an authority.

SB205,15,25 (4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority may do all of the following:

SB205,16,2 (a) Establish, maintain, and operate a comprehensive unified local transit system primarily for the transportation of persons.

SB205,16,6 (b) Acquire a comprehensive unified local transit system by purchase, condemnation under s. 32.05, or otherwise and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transit system, the authority may:

SB205,16,8 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

SB205,16,10 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

SB205,16,13 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

SB205,16,16 4. Work with the department of transportation to maintain and improve railroad rights-of-way and improvements on these rights-of-way for future transit use.

SB205,16,18 (c) Contract with a public or private organization to provide transit services in lieu of directly providing these services.

SB205,16,20 (d) Purchase and lease transit facilities to public or private transit companies that operate within and outside the jurisdictional area.

SB205,16,22 (e) Apply for federal or other aids to purchase transit facilities or operate a transit system.

SB205,17,6 (f) Coordinate, provide, or assist in providing specialized transportation services, as defined in s. 85.21 (2) (g), for individuals who are disabled or aged 60 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and 42 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds administered by the county. An authority may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but an authority is not an eligible applicant under s. 85.21 (2) (e) and may not receive payments directly from the department of transportation under s. 85.21.

SB205,17,9 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property or service.

SB205,17,11 (h) Acquire property by condemnation using the procedure under s. 32.05 for the purposes set forth in this section.

SB205,17,18 (i) Enter upon any state, county, or municipal street, road, or alley, or any public highway for the purpose of installing, maintaining, and operating the authority's facilities. Whenever the work is to be done in a state, county, or municipal highway, street, road, or alley, the public authority having control thereof shall be duly notified, and the highway, street, road, or alley shall be restored to as good a condition as existed before the commencement of the work with all costs incident to the work to be borne by the authority.

SB205,17,20 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions, facilities, and services provided by the authority.

SB205,17,22 (k) Make, and from time to time amend and repeal, bylaws, rules, and regulations to carry into effect the powers and purposes of the authority.

SB205,17,23 (L) Sue and be sued in its own name.

SB205,17,24 (m) Have and use a corporate seal.

SB205,18,3 (n) Employ agents, consultants, and employees, engage professional services, and purchase such furniture, stationery, and other supplies and materials as are reasonably necessary to perform its duties and exercise its powers.

SB205,18,5 (o) Incur debts, liabilities, or obligations including the borrowing of money and the issuance of bonds under subs. (7) and (10).

SB205,18,9 (p) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities, and other investments as the authority deems proper in accordance with s. 66.0603 (1m).

SB205,18,11 (q) Do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person.

SB205,18,14 (r) Exercise any other powers that the board of directors considers necessary and convenient to effectuate the purposes of the authority, including providing for passenger safety.

SB205,18,21 (s) Impose, by the adoption of a resolution by the board of directors, the taxes under subch. V of ch. 77 in the authority's jurisdictional area. 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 taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.

SB205,19,5 (5) Limitations on authority powers. (a) Whenever the proposed operations of an authority would be competitive with the operations of a common carrier in existence prior to the time the authority commences operations, the authority shall coordinate proposed operations with the common carrier to eliminate adverse financial impact for the carrier. This coordination may include route overlapping, transfers, transfer points, schedule coordination, joint use of facilities, lease of route service, and acquisition of route and corollary equipment. If this coordination does not result in mutual agreement, the proposals of the authority and the common carrier shall be submitted to the department of transportation for arbitration.

SB205,19,8 (b) In exercising its powers under sub. (4), an authority shall consider any plan of a metropolitan planning organization under 23 USC 134 that covers any portion of the authority's jurisdictional area.

SB205,19,10 (c) An authority must revise its transit plan under sub. (2) (c) 11. at least once every 5 years.

SB205,19,14 (6) Authority obligations to employees of mass transit systems. (a) An authority acquiring a comprehensive unified local transit 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.

SB205,19,25 (b) An authority acquiring, constructing, controlling, operating, or contracting for the superintendence of or operation of a comprehensive unified local transit system shall negotiate an agreement with the representative of the labor organization, notwithstanding s. 111.70 (2), (3), and (6), that covers the employees affected by the acquisition, construction, control, or operation to protect the interests of employees affected. This agreement shall include all of the provisions identified in s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An affected employee has all the rights and the same status under subch. IV of ch. 111 that he or she enjoyed immediately before the acquisition, construction, control, or operation and may not be required to serve a probationary period if he or she attained permanent status before the acquisition, construction, control, or operation.

SB205,20,2 (c) In all negotiations under this subsection, a senior executive officer of the authority shall be a member of the authority's negotiating body.

SB205,20,7 (7) Bonds; generally. (a) An authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.

SB205,20,9 (b) An authority may issue bonds in such principal amounts as the authority deems necessary.

SB205,20,13 (c) Except with respect to refunding bonds under sub. (10), bond proceeds may be used only for capital expenditures related to the acquisition of transit 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 transit system.

SB205,20,16 (d) 1. Neither the members of the board of directors of an authority nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.

SB205,20,21 2. The bonds of an authority are not a debt of the participating political subdivisions. Neither the participating political subdivisions nor the state is liable for the payment of the bonds. The bonds of any 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 paragraph on the face of the bonds.

SB205,21,7 (8) Issuance of bonds. (a) Bonds of an authority shall be authorized by resolution of the board of directors. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment and at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of an authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes.

SB205,21,9 (b) The authority may sell the bonds at public or private sales at the price or prices determined by the authority.

SB205,21,13 (c) If an officer whose signatures appear on any bonds or coupons ceases to be an officer of the authority before the delivery of the bonds or coupons, the officer's signature shall, nevertheless, be valid for all purposes as if the officer had remained in office until delivery of the bonds or coupons.

SB205,21,15 (9) Covenants. An authority may do all of the following in connection with the issuance of bonds:

SB205,21,16 (a) Covenant as to the use of any or all of its property, real or personal.

SB205,21,18 (b) Redeem the bonds, or covenant for the redemption of the bonds, and provide the terms and conditions of the redemption.

SB205,21,24 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet operating and maintenance expenses, renewals, and replacements of any transit system, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture, or other security instrument and to provide for any margins or coverages over and above debt service on the bonds that the board of directors considers desirable for the marketability of the bonds.

SB205,22,5 (d) Covenant as to the events of default on the bonds and the terms and conditions upon which the bonds shall become or may be declared due before maturity, as to the terms and conditions upon which this declaration and its consequences may be waived, and as to the consequences of default and the remedies of bondholders.

SB205,22,8 (e) Covenant as to the mortgage or pledge of, or the grant of a security interest in, any real or personal property and all or any part of the revenues of the authority to secure the payment of bonds, subject to any agreements with the bondholders.

SB205,22,11 (f) Covenant as to the custody, collection, securing, investment, and payment of any revenues, assets, moneys, funds, or property with respect to which the authority may have any rights or interest.

SB205,22,14 (g) Subject to sub. (7) (c), 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.

SB205,22,17 (h) Covenant as to limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.

SB205,22,19 (i) Covenant as to the rank or priority of any bonds with respect to any lien or security.

SB205,22,23 (j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the holders of bonds may be amended or abrogated, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given.

SB205,23,3 (k) Covenant as to the custody and safekeeping of any of its properties or investments, the insurance to be carried on the property or investments and the use and disposition of insurance proceeds.

SB205,23,6 (L) Covenant as to the vesting in one or more trustees, within or outside the state, of those properties, rights, powers, and duties in trust as the authority determines.

SB205,23,9 (m) Covenant as to the appointing of, and providing for the duties and obligations of, one or more paying agent or other fiduciaries within or outside the state.

SB205,23,12 (n) Make all other covenants and do any act that may be necessary or convenient or desirable in order to secure its bonds or, in the absolute discretion of the authority, tend to make the bonds more marketable.

SB205,23,16 (o) Execute all instruments necessary or convenient in the exercise of the powers granted under this section or in the performance of covenants or duties, which may contain such covenants and provisions as a purchaser of the bonds of the authority may reasonably require.

SB205,24,3 (10) Refunding bonds. An authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. An authority may issue refunding bonds at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium on the bonds, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture, or other security instruments. To the extent applicable, refunding bonds are subject to subs. (8) and (9).

SB205,24,5 (11) Bonds eligible for investment. (a) Any of the following may invest funds, including capital in their control or belonging to them, in bonds of the authority:

SB205,24,6 1. Public officers and agencies of the state.

SB205,24,7 2. Political subdivisions.

SB205,24,8 3. Insurance companies.

SB205,24,9 4. Trust companies.

SB205,24,10 5. Banks.

SB205,24,11 6. Savings banks.

SB205,24,12 7. Savings and loan associations.

SB205,24,13 8. Investment companies.

SB205,24,14 9. Personal representatives.

SB205,24,15 10. Trustees.

SB205,24,16 11. Other fiduciaries not listed in this paragraph.

SB205,24,20 (b) The authority's bonds are securities that may be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligations of the state or any political subdivision is authorized by law.

SB205,25,3 (12) Budgets; rates and charges; audit. The board of directors of an authority shall annually prepare a budget for the authority. Rates and other charges received by the authority shall be used only for the general expenses and capital expenditures of the authority, to pay interest, amortization, and retirement charges on bonds, and for specific purposes of the authority and may not be transferred to any political subdivision. The authority shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements and debt covenants audited annually by an independent certified public accountant.

SB205,25,5 (13) Withdrawal from authority. (a) A participating political subdivision may withdraw from an authority if all of the following conditions are met:

SB205,25,8 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.

SB205,25,11 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.

SB205,25,16 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.

SB205,26,6 (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 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.