Feed for /2011/related/proposals/ab559 PDF
AB559, s. 8 13Section 8. 66.0301 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
14is amended to read:
AB559,7,415 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
16"municipality" means the state or any department or agency thereof, or any city,
17village, town, county, school district, public library system, public inland lake
18protection and rehabilitation district, sanitary district, farm drainage district,
19metropolitan sewerage district, sewer utility district, solid waste management
20system created under s. 59.70 (2), local exposition district created under subch. II of
21ch. 229, local professional baseball park district created under subch. III of ch. 229,
22local professional football stadium district created under subch. IV of ch. 229, local
23cultural arts district created under subch. V of ch. 229, transit authority created
24under s. 66.1039,
long-term care district under s. 46.2895, water utility district,
25mosquito control district, municipal electric company, county or city transit

1commission, commission created by contract under this section, taxation district,
2regional planning commission, housing authority created under s. 66.1201,
3redevelopment authority created under s. 66.1333, community development
4authority created under s. 66.1335, or city-county health department.
AB559, s. 9 5Section 9. 66.0903 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 32,
6is amended to read:
AB559,7,127 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
8state, a special purpose district in this state, an instrumentality or corporation of
9such a political subdivision or special purpose district, a combination or subunit of
10any of the foregoing or an instrumentality of the state and any of the foregoing.
11"Local governmental unit" includes a regional transit authority created under s.
1266.1039.
AB559, s. 10 13Section 10. 66.1039 of the statutes is created to read:
AB559,7,14 1466.1039 Transit authorities. (1) Definitions. In this section:
AB559,7,1515 (a) "Authority" means a transit authority created under this section.
AB559,7,1716 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
17obligations of an authority issued under this section.
AB559,7,1818 (c) "Common carrier" means any of the following:
AB559,7,1919 1. A common motor carrier, as defined in s. 194.01 (1).
AB559,7,2020 2. A contract motor carrier, as defined in s. 194.01 (2).
AB559,7,2121 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB559,7,2222 4. A water carrier, as defined in s. 195.02 (5).
AB559,8,223 (d) "Comprehensive unified local transportation system" means a
24transportation system that is comprised of motor bus lines and any other local public
25transportation facilities, the major portion of which is located within, or the major

1portion of the service of which is supplied to the inhabitants of, the jurisdictional area
2of the authority.
AB559,8,33 (e) "Municipality" means any city, village, or town.
AB559,8,64 (f) "Participating political subdivision" means a political subdivision that is a
5member of an authority, either from the time of creation of the authority or by later
6joining the authority.
AB559,8,77 (g) "Political subdivision" means a municipality or county.
AB559,8,178 (h) "Transportation system" means all land, shops, structures, equipment,
9property, franchises, and rights of whatever nature required for transportation of
10passengers within the jurisdictional area of the authority and, only to the extent
11specifically authorized under this section, outside the jurisdictional area of the
12authority. "Transportation system" includes elevated railroads, subways,
13underground railroads, motor vehicles, motor buses, and any combination thereof,
14and any other form of mass transportation, but does not include transportation
15excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
16or contract operations to, from, or between points that are outside the jurisdictional
17area of the authority.
AB559,8,1818 (i) "Urbanized area" has the meaning given in 23 USC 134 (b) (6).
AB559,9,9 19(2) Creation of transit authorities. (f) Regional transit authorities in
20urbanized areas
. 1. Except as provided in subds. 5. and 6., any 2 or more political
21subdivisions located in whole or in part within an urbanized area may join together
22to jointly create a public body corporate and politic and a separate governmental
23entity, known as a "regional transit authority," if the governing body of each such
24political subdivision adopts a resolution authorizing the political subdivision to
25become a member of the authority, each resolution is ratified by the electors at a

1referendum held in the political subdivision, and all such resolutions are identical
2to each other. However, Milwaukee County may create an authority if the governing
3body of Milwaukee County adopts a resolution authorizing the creation of the
4authority and the resolution is ratified by the electors at a referendum held in
5Milwaukee County. Except as provided in subd. 2. and sub. (13), once created, the
6members of the authority shall consist of all political subdivisions that adopt
7resolutions ratified at referenda, as provided in this subdivision. Once created, the
8authority may transact business and exercise any powers granted to it under this
9section.
AB559,9,1810 2. Except as provided in subds. 5. and 6., after an authority is created under
11subd. 1., any political subdivision located in whole or in part within an urbanized
12area may join the authority if the governing body of the political subdivision adopts
13a resolution identical to the existing resolutions of the authority's participating
14political subdivisions or, if Milwaukee County is the only member of the authority,
15identical to the Milwaukee County board's existing resolution, the resolution is
16ratified by the electors at a referendum held in the political subdivision, and the
17authority's board of directors adopts a resolution allowing the political subdivision
18to join the authority.
AB559,9,2219 3. a. Except as provided in subd. 3. b. and c., the jurisdictional area of an
20authority created under this paragraph is the geographic area formed by the
21combined territorial boundaries of all participating political subdivisions of the
22authority.
AB559,9,2423 b. If the authority includes a county other than Milwaukee County as a
24participating political subdivision, the jurisdictional area of the authority includes

1only that portion of the county that is within the territorial boundaries of
2municipalities in the county that are also participating political subdivisions.
AB559,10,73 c. If a municipality that is a participating political subdivision of the authority
4is located in more than one county, the resolutions creating or joining the authority
5and the authority's bylaws may declare that, for purposes of the authority's
6jurisdictional area, the municipality's territorial boundaries are limited to only one
7of those counties.
AB559,10,168 4. If a political subdivision joins an authority under subd. 2. after it is created,
9the authority shall provide the department of revenue with a certified copy of the
10resolution that approves the joining, the referendum results ratifying the resolution,
11and the resolution of the authority's board of directors allowing the political
12subdivision to join the authority. The political subdivision's joining of the authority
13shall take effect on the first day of the calendar quarter that begins at least 120 days
14after the department receives this information. The authority shall also provide the
15department with a description of the new boundaries of the authority's jurisdictional
16area, as provided under sub. (4) (s) 2.
AB559,10,1817 5. A political subdivision may not create or join more than one authority under
18this paragraph.
AB559,10,2119 6. A county other than Milwaukee County may not create or join an authority
20under this paragraph unless a municipality located in whole or in part within the
21county is a participating political subdivision in the authority.
AB559,11,2 22(3) Transit authority governance. (a) The powers of an authority shall be
23vested in its board of directors. Directors shall be appointed for 4-year terms. A
24majority of the board of directors' full authorized membership constitutes a quorum
25for the purpose of conducting the authority's business and exercising its powers.

1Action may be taken by the board of directors upon a vote of a majority of the directors
2present and voting, unless the bylaws of the authority require a larger number.
AB559,11,153 (fg) If an authority is created under sub. (2) (f), the resolutions creating the
4authority under sub. (2) (f) 1. shall include identical provisions specifying the
5number and composition of the authority's board of directors. However, if Milwaukee
6County is the only member of the authority, the Milwaukee County board's resolution
7shall specify the number and composition of the authority's board of directors. All
8directors shall be elected officials of one or more of the authority's participating
9political subdivisions. If a political subdivision joins an authority after its creation,
10the resolution joining the authority under sub. (2) (f) 2. shall specify what the number
11and composition of the authority's board of directors will be after the political
12subdivision's joinder, and all political subdivisions that are participating political
13subdivisions of the authority at the time of the new political subdivision's joinder
14shall amend or modify their resolutions creating or joining the authority to make
15them identical to the resolution of the newly joining municipality.
AB559,11,1816 (g) The bylaws of an authority shall govern its management, operations, and
17administration, consistent with the provisions of this section, and shall include
18provisions specifying all of the following:
AB559,11,1919 1. The functions or services to be provided by the authority.
AB559,11,2020 2. The powers, duties, and limitations of the authority.
AB559,11,2221 3. The maximum rate of the taxes that may be imposed by the authority under
22sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
AB559,11,2423 4. The composition of the board of directors of the authority, as determined
24under par. (fg).
AB559,11,2525 5. For an authority created under sub. (2) (f), the name of the authority.
AB559,12,3
1(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
2chapter or ch. 59 or 85, an authority may do all of the following, to the extent
3authorized in the authority's bylaws:
AB559,12,54 (a) Establish, maintain, and operate a comprehensive unified local
5transportation system primarily for the transportation of persons.
AB559,12,86 (b) Acquire a comprehensive unified local transportation system and provide
7funds for the operation and maintenance of the system. Upon the acquisition of a
8comprehensive unified local transportation system, the authority may:
AB559,12,109 1. Operate and maintain it or lease it to an operator or contract for its use by
10an operator.
AB559,12,1211 2. Contract for superintendence of the system with an organization that has
12personnel with the requisite experience and skill.
AB559,12,1513 3. Delegate responsibility for the operation and maintenance of the system to
14an appropriate administrative officer, board, or commission of a participating
15political subdivision.
AB559,12,1716 4. Maintain and improve railroad rights-of-way and improvements on these
17rights-of-way for future use.
AB559,12,1918 (c) Contract with a public or private organization to provide transportation
19services in lieu of directly providing these services.
AB559,12,2120 (d) Purchase and lease transportation facilities to public or private transit
21companies that operate within and outside the jurisdictional area.
AB559,12,2322 (e) Apply for federal aids to purchase transportation facilities considered
23essential for the authority's operation.
AB559,13,724 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
25for residents who reside within the jurisdictional area and who are disabled or aged

160 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
242 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
3administered by the county. An authority may contract with a county that is a
4participating political subdivision for the authority to provide specialized
5transportation services, but an authority is not an eligible applicant under s. 85.21
6(2) (e) and may not receive payments directly from the department of transportation
7under s. 85.21.
AB559,13,108 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
9of, mortgage, pledge, or grant a security interest in any real or personal property or
10service.
AB559,13,1211 (h) Acquire property by condemnation using the procedure under s. 32.05 for
12the purposes set forth in this section.
AB559,13,1913 (i) Enter upon any state, county, or municipal street, road, or alley, or any public
14highway for the purpose of installing, maintaining, and operating the authority's
15facilities. Whenever the work is to be done in a state, county, or municipal highway,
16street, road, or alley, the public authority having control thereof shall be duly
17notified, and the highway, street, road, or alley shall be restored to as good a condition
18as existed before the commencement of the work with all costs incident to the work
19to be borne by the authority.
AB559,13,2120 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
21facilities, and services provided by the authority.
AB559,13,2322 (k) Make, and from time to time amend and repeal, bylaws, rules, and
23regulations to carry into effect the powers and purposes of the authority.
AB559,13,2424 (L) Sue and be sued in its own name.
AB559,13,2525 (m) Have and use a corporate seal.
AB559,14,3
1(n) Employ agents, consultants, and employees, engage professional services,
2and purchase such furniture, stationery, and other supplies and materials as are
3reasonably necessary to perform its duties and exercise its powers.
AB559,14,54 (o) Incur debts, liabilities, or obligations including the borrowing of money and
5the issuance of bonds under subs. (7) and (10).
AB559,14,96 (p) Invest any funds held in reserve or sinking funds, or any funds not required
7for immediate disbursement, including the proceeds from the sale of any bonds, in
8such obligations, securities, and other investments as the authority deems proper in
9accordance with s. 66.0603 (1m).
AB559,14,1110 (q) Do and perform any acts and things authorized by this section under,
11through, or by means of an agent or by contracts with any person.
AB559,14,1412 (r) Exercise any other powers that the board of directors considers necessary
13and convenient to effectuate the purposes of the authority, including providing for
14passenger safety.
AB559,14,2115 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
16under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts
17a resolution to impose the taxes, it shall deliver a certified copy of the resolution to
18the department of revenue at least 120 days before its effective date. The authority
19may, by adoption of a resolution by the board of directors, repeal the imposition of
20taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal
21resolution to the department of revenue at least 120 days before its effective date.
AB559,15,1522 2. If an authority adopts a resolution to impose the tax, as provided in subd.
231., an authority shall specify to the department of revenue, as provided in this
24subdivision, the exact boundaries of the authority's jurisdictional area. If the
25boundaries are the same as the county lines on all sides of the authority's

1jurisdictional area, the resolution shall specify the county or counties that comprise
2the authority's entire jurisdictional area. If the boundaries are other than a county
3line on any side of the authority's jurisdictional area, the authority shall provide the
4department with a complete list of all the 9-digit zip codes that are entirely within
5the authority's jurisdictional area and a complete list of all the street addresses that
6are within the authority's jurisdictional area and not included in any 9-digit zip code
7that is entirely within the authority's jurisdictional area. The authority shall
8provide a certified copy of the information required under this subdivision to the
9department, in the manner, format, and layout prescribed by the department, at
10least 120 days prior to the first day of the calendar quarter before the effective date
11of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional
12area subsequently change, the authority shall submit a certified copy of the
13information required under this subdivision to the department at least 120 days
14prior to the first day of the calendar quarter before the effective date of such change,
15in the manner, format, and layout prescribed by the department.
AB559,15,2116 3. Notwithstanding subd. 1., an authority created under sub. (2) (f) may not
17impose the taxes authorized under subd. 1. unless the authorizing resolution or
18resolutions under sub. (2) (f) 1. and, if applicable, sub. (2) (f) 2., as well as the
19referendum question on the referendum ballot specified in sub. (2) (f) 1. and, if
20applicable, sub. (2) (f) 2., each clearly identifies the maximum rate of the taxes that
21may be imposed by the authority under subd. 1.
AB559,16,222 4. If an authority created under sub. (2) (f) adopts a resolution to impose the
23taxes under subd. 1., no political subdivision that is a member of the authority may
24levy property taxes for transit purposes in excess of the amount of property taxes

1levied for transit purposes in the year before the year in which the taxes are imposed
2under subd. 1.
AB559,16,9 3(5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c),
4(d), (q), and (r), no authority, and no public or private organization with which an
5authority has contracted for service, may provide service outside the jurisdictional
6area of the authority unless the authority receives financial support for the service
7under a contract with a public or other private organization for the service or unless
8it is necessary in order to provide service to connect residents within the authority's
9jurisdictional area to transit systems in adjacent counties.
AB559,16,1810 (b) Whenever the proposed operations of an authority would be competitive
11with the operations of a common carrier in existence prior to the time the authority
12commences operations, the authority shall coordinate proposed operations with the
13common carrier to eliminate adverse financial impact for the carrier. This
14coordination may include route overlapping, transfers, transfer points, schedule
15coordination, joint use of facilities, lease of route service, and acquisition of route and
16corollary equipment. If this coordination does not result in mutual agreement, the
17proposals of the authority and the common carrier shall be submitted to the
18department of transportation for arbitration.
AB559,16,2119 (c) In exercising its powers under sub. (4), an authority shall consider any plan
20of a metropolitan planning organization under 23 USC 134 that covers any portion
21of the authority's jurisdictional area.
AB559,17,2 22(6) Authority obligations to employees of mass transportation systems. (a)
23An authority acquiring a comprehensive unified local transportation system for the
24purpose of the authority's operation of the system shall assume all of the employer's

1obligations under any contract between the employees and management of the
2system to the extent allowed by law.
AB559,17,123 (b) An authority acquiring, constructing, controlling, or operating a
4comprehensive unified local transportation system shall negotiate an agreement
5with the representative of the labor organization that covers the employees affected
6by the acquisition, construction, control, or operation to protect the interests of
7employees affected. This agreement shall include all of the provisions identified in
8s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An
9affected employee has all the rights and the same status under subch. IV of ch. 111
10that he or she enjoyed immediately before the acquisition, construction, control, or
11operation and may not be required to serve a probationary period if he or she attained
12permanent status before the acquisition, construction, control, or operation.
AB559,17,1413 (c) In all negotiations under this subsection, a senior executive officer of the
14authority shall be a member of the authority's negotiating body.
AB559,17,19 15(7) Bonds; generally. (a) An authority may issue bonds, the principal and
16interest on which are payable exclusively from all or a portion of any revenues
17received by the authority. The authority may secure its bonds by a pledge of any
18income or revenues from any operations, rent, aids, grants, subsidies, contributions,
19or other source of moneys whatsoever.
AB559,17,2120 (b) An authority may issue bonds in such principal amounts as the authority
21deems necessary.
AB559,17,2422 (c) 1. Neither the members of the board of directors of an authority nor any
23person executing the bonds is personally liable on the bonds by reason of the issuance
24of the bonds.
AB559,18,5
12. The bonds of an authority are not a debt of the participating political
2subdivisions. Neither the participating political subdivisions nor the state are liable
3for the payment of the bonds. The bonds of any authority shall be payable only out
4of funds or properties of the authority. The bonds of the authority shall state the
5restrictions contained in this paragraph on the face of the bonds.
AB559,18,16 6(8) Issuance of bonds. (a) Bonds of an authority shall be authorized by
7resolution of the board of directors. The bonds may be issued under such a resolution
8or under a trust indenture or other security instrument. The bonds may be issued
9in one or more series and may be in the form of coupon bonds or registered bonds
10under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest
11at the rates, be in the denominations, have the rank or priority, be executed in the
12manner, be payable in the medium of payment and at the places, and be subject to
13the terms of redemption, with or without premium, as the resolution, trust
14indenture, or other security instrument provides. Bonds of an authority are issued
15for an essential public and governmental purpose and are public instrumentalities
16and, together with interest and income, are exempt from taxes.
AB559,18,1817 (b) The authority may sell the bonds at public or private sales at the price or
18prices determined by the authority.
AB559,18,2219 (c) If an officer whose signatures appear on any bonds or coupons ceases to be
20an officer of the authority before the delivery of the bonds or coupons, the officer's
21signature shall, nevertheless, be valid for all purposes as if the officer had remained
22in office until delivery of the bonds or coupons.
AB559,18,24 23(9) Covenants. An authority may do all of the following in connection with the
24issuance of bonds:
AB559,18,2525 (a) Covenant as to the use of any or all of its property, real or personal.
AB559,19,2
1(b) Redeem the bonds, or covenant for the redemption of the bonds, and provide
2the terms and conditions of the redemption.
AB559,19,93 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet
4operating and maintenance expenses, renewals, and replacements of any
5transportation system, principal and debt service on bonds creation and
6maintenance of any reserves required by a bond resolution, trust indenture, or other
7security instrument and to provide for any margins or coverages over and above debt
8service on the bonds that the board of directors considers desirable for the
9marketability of the bonds.
AB559,19,1410 (d) Covenant as to the events of default on the bonds and the terms and
11conditions upon which the bonds shall become or may be declared due before
12maturity, as to the terms and conditions upon which this declaration and its
13consequences may be waived, and as to the consequences of default and the remedies
14of bondholders.
AB559,19,1715 (e) Covenant as to the mortgage or pledge of, or the grant of a security interest
16in, any real or personal property and all or any part of the revenues of the authority
17to secure the payment of bonds, subject to any agreements with the bondholders.
AB559,19,2018 (f) Covenant as to the custody, collection, securing, investment, and payment
19of any revenues, assets, moneys, funds, or property with respect to which the
20authority may have any rights or interest.
AB559,19,2321 (g) Covenant as to the purposes to which the proceeds from the sale of any bonds
22may be applied, and as to the pledge of such proceeds to secure the payment of the
23bonds.
AB559,20,3
1(h) Covenant as to limitations on the issuance of any additional bonds, the
2terms upon which additional bonds may be issued and secured, and the refunding
3of outstanding bonds.
AB559,20,54 (i) Covenant as to the rank or priority of any bonds with respect to any lien or
5security.
AB559,20,96 (j) Covenant as to the procedure by which the terms of any contract with or for
7the benefit of the holders of bonds may be amended or abrogated, the amount of
8bonds, the holders of which must consent thereto, and the manner in which such
9consent may be given.
AB559,20,1210 (k) Covenant as to the custody and safekeeping of any of its properties or
11investments, the insurance to be carried on the property or investments, and the use
12and disposition of insurance proceeds.
AB559,20,1513 (L) Covenant as to the vesting in one or more trustees, within or outside the
14state, of those properties, rights, powers, and duties in trust as the authority
15determines.
AB559,20,1816 (m) Covenant as to the appointing of, and providing for the duties and
17obligations of, one or more paying agent or other fiduciaries within or outside the
18state.
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