Feed for /2011/related/proposals/sb456 PDF
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB456, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF
SB456, s. 2 3Section 2. 20.566 (1) (gc) of the statutes is created to read:
SB456,3,94 20.566 (1) (gc) Administration of transit authority taxes. From the moneys
5received from the appropriation account under s. 20.835 (4) (gc), the amounts in the
6schedule for the purpose of administering the transit authority taxes imposed under
7s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the
8unencumbered balance in this appropriation account shall be transferred to the
9appropriation account under s. 20.835 (4) (gc).
SB456, s. 3 10Section 3. 20.835 (4) (gc) of the statutes is created to read:
SB456,4,411 20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes
12imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc),

1for the purpose of distribution to the transit authorities that adopt a resolution
2imposing taxes under subch. V of ch. 77 which is affirmed by referendum, except that
31.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited
4to the appropriation account under s. 20.566 (1) (gc).
SB456, s. 4 5Section 4. 32.02 (11) of the statutes, as affected by 2011 Wisconsin Act 32, is
6amended to read:
SB456,4,117 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
8redevelopment authority created under s. 66.1333; community development
9authority created under s. 66.1335; local cultural arts district created under subch.
10V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
11subch. II of ch. 229; or transit authority created under s. 66.1039.
SB456, s. 5 12Section 5. 32.05 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
13is amended to read:
SB456,5,914 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
15or a county highway committee when so authorized by the county board of
16supervisors, a city council, a village board, a town board, a sewerage commission
17governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
18the secretary of transportation, a commission created by contract under s. 66.0301,
19a joint local water authority created by contract under s. 66.0823, a transit authority
20created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local
21exposition district created under subch. II of ch. 229, a local cultural arts district
22created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
23community development authority under s. 66.1335 shall make an order providing
24for the laying out, relocation and improvement of the public highway, street, alley,
25storm and sanitary sewers, watercourses, water transmission and distribution

1facilities, mass transit facilities, airport, or other transportation facilities, gas or
2leachate extraction systems to remedy environmental pollution from a solid waste
3disposal facility, housing project, redevelopment project, cultural arts facilities,
4exposition center or exposition center facilities which shall be known as the
5relocation order. This order shall include a map or plat showing the old and new
6locations and the lands and interests required. A copy of the order shall, within 20
7days after its issue, be filed with the county clerk of the county wherein the lands are
8located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
9accordance with s. 84.095.
SB456, s. 6 10Section 6. 32.07 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
11amended to read:
SB456,5,2212 32.07 (2) The petitioner shall determine necessity if application is by the state
13or any commission, department, board or other branch of state government or by a
14city, village, town, county, school district, board, commission, public officer,
15commission created by contract under s. 66.0301, joint local water authority under
16s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
17created under s. 66.1333, local exposition district created under subch. II of ch. 229,
18local cultural arts district created under subch. V of ch. 229, housing authority
19created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
20feet in width, for a telegraph, telephone or other electric line, for the right-of-way
21for a gas pipeline, main or service or for easements for the construction of any
22elevated structure or subway for railroad purposes.
SB456, s. 7 23Section 7. 40.02 (28) of the statutes, as affected by 2011 Wisconsin Act 32, is
24amended to read:
SB456,6,10
140.02 (28) "Employer" means the state, including each state agency, any
2county, city, village, town, school district, other governmental unit or
3instrumentality of 2 or more units of government now existing or hereafter created
4within the state, any federated public library system established under s. 43.19
5whose territory lies within a single county with a population of 500,000 or more, a
6local exposition district created under subch. II of ch. 229, a transit authority created
7under s. 66.1039,
and a long-term care district created under s. 46.2895, except as
8provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
9cultural arts district created under subch. V of ch. 229. Each employer shall be a
10separate legal jurisdiction for OASDHI purposes.
SB456, s. 8 11Section 8. 66.0301 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
12is amended to read:
SB456,7,213 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
14"municipality" means the state or any department or agency thereof, or any city,
15village, town, county, school district, public library system, public inland lake
16protection and rehabilitation district, sanitary district, farm drainage district,
17metropolitan sewerage district, sewer utility district, solid waste management
18system created under s. 59.70 (2), local exposition district created under subch. II of
19ch. 229, local professional baseball park district created under subch. III of ch. 229,
20local professional football stadium district created under subch. IV of ch. 229, local
21cultural arts district created under subch. V of ch. 229, transit authority created
22under s. 66.1039,
long-term care district under s. 46.2895, water utility district,
23mosquito control district, municipal electric company, county or city transit
24commission, commission created by contract under this section, taxation district,
25regional planning commission, housing authority created under s. 66.1201,

1redevelopment authority created under s. 66.1333, community development
2authority created under s. 66.1335, or city-county health department.
SB456, s. 9 3Section 9. 66.0903 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 32,
4is amended to read:
SB456,7,105 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
6state, a special purpose district in this state, an instrumentality or corporation of
7such a political subdivision or special purpose district, a combination or subunit of
8any of the foregoing or an instrumentality of the state and any of the foregoing.
9"Local governmental unit" includes a regional transit authority created under s.
1066.1039.
SB456, s. 10 11Section 10. 66.1039 of the statutes is created to read:
SB456,7,12 1266.1039 Transit authorities. (1) Definitions. In this section:
SB456,7,1313 (a) "Authority" means a transit authority created under this section.
SB456,7,1514 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
15obligations of an authority issued under this section.
SB456,7,1616 (c) "Common carrier" means any of the following:
SB456,7,1717 1. A common motor carrier, as defined in s. 194.01 (1).
SB456,7,1818 2. A contract motor carrier, as defined in s. 194.01 (2).
SB456,7,1919 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
SB456,7,2020 4. A water carrier, as defined in s. 195.02 (5).
SB456,7,2521 (d) "Comprehensive unified local transportation system" means a
22transportation system that is comprised of motor bus lines and any other local public
23transportation facilities, the major portion of which is located within, or the major
24portion of the service of which is supplied to the inhabitants of, the jurisdictional area
25of the authority.
SB456,8,1
1(e) "Municipality" means any city, village, or town.
SB456,8,42 (f) "Participating political subdivision" means a political subdivision that is a
3member of an authority, either from the time of creation of the authority or by later
4joining the authority.
SB456,8,55 (g) "Political subdivision" means a municipality or county.
SB456,8,156 (h) "Transportation system" means all land, shops, structures, equipment,
7property, franchises, and rights of whatever nature required for transportation of
8passengers within the jurisdictional area of the authority and, only to the extent
9specifically authorized under this section, outside the jurisdictional area of the
10authority. "Transportation system" includes elevated railroads, subways,
11underground railroads, motor vehicles, motor buses, and any combination thereof,
12and any other form of mass transportation, but does not include transportation
13excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
14or contract operations to, from, or between points that are outside the jurisdictional
15area of the authority.
SB456,8,1816 (i) "Urbanized Fox Cities metropolitan planning area" means the urbanized
17area, as defined in 23 USC 134 (b) (6), of the metropolitan planning area, as defined
18in 23 USC 134 (b) (1), that includes the city of Appleton.
SB456,9,4 19(2) Creation of Transit Authorities. (d) Fox Cities regional transit authority.
201. The Fox Cities regional transit authority, a public body corporate and politic and
21a separate governmental entity, is created if the governing body of any 2 or more
22municipalities located in whole or in part within the urbanized Fox Cities
23metropolitan planning area adopt a resolution authorizing the municipality to
24become a member of the authority and each resolution is ratified by the electors at
25a referendum held in the municipality at a general election. Except as provided in

1subds. 2. and 3., once created, this authority shall consist of all municipalities that
2adopt a resolution ratified at a referendum, as provided in this subdivision. Once
3created, this authority may transact business and exercise any powers granted to it
4under this section.
SB456,9,105 2. After an authority is created under subd. 1., any municipality located in
6whole or in part within the urbanized Fox Cities metropolitan planning area may
7join the authority created under subd. 1. if the governing body of the municipality
8adopts a resolution to join the authority, the resolution is ratified by the electors at
9a referendum held in the municipality, and the board of directors of the authority
10approves the municipality's joinder.
SB456,9,1711 3. After an authority is created under subd. 1., any municipality located in
12whole or in part within Outagamie County, Calumet County, or Winnebago County
13that is not located in whole or in part within the urbanized Fox Cities metropolitan
14planning area may join the authority created under subd. 1. if the governing body
15of the municipality adopts a resolution to join the authority, the resolution is ratified
16by the electors at a referendum held in the municipality, and the board of directors
17of the authority approves the municipality's joinder.
SB456,9,2018 4. The jurisdictional area of the authority created under this paragraph is the
19geographic area formed by the combined territorial boundaries of all municipalities
20that create or join the authority under subds. 1., 2., and 3.
SB456,9,2521 5. If a municipality joins the authority under subd. 2. or 3. after it is created,
22the authority shall provide the department of revenue with a certified copy of the
23resolution that approves the joining, a certification of the referendum results
24ratifying this resolution, and a certified copy of the authority's board of directors
25approval. The municipality's joining of the authority shall take effect on the first day

1of the calendar quarter that begins at least 120 days after the department receives
2this information. The authority shall also provide the department with a description
3of the new boundaries of the authority's jurisdictional area, as provided under sub.
4(4) (s) 2.
SB456,10,10 5(3) Transit authority governance. (a) The powers of an authority shall be
6vested in its board of directors. Directors shall be appointed for 4-year terms. A
7majority of the board of directors' full authorized membership constitutes a quorum
8for the purpose of conducting the authority's business and exercising its powers.
9Action may be taken by the board of directors upon a vote of a majority of the directors
10present and voting, unless the bylaws of the authority require a larger number.
SB456,10,2111 (e) If an authority is created under sub. (2) (d), the resolutions creating the
12authority under sub. (2) (d) 1. shall include identical provisions specifying the
13number and composition of the authority's board of directors. All directors shall be
14elected officials of one or more of the authority's participating political subdivisions.
15If a municipality joins an authority after its creation, the resolution joining the
16authority under sub. (2) (d) 2. or 3. shall specify what the number and composition
17of the authority's board of directors will be after the municipality's joinder, and all
18municipalities that are participating political subdivisions of the authority at the
19time of the new municipality's joinder shall amend or modify their resolutions
20creating or joining the authority to make them identical to the resolution of the newly
21joining municipality.
SB456,10,2422 (g) The bylaws of an authority shall govern its management, operations, and
23administration, consistent with the provisions of this section, and shall include
24provisions specifying all of the following:
SB456,10,2525 1. The functions or services to be provided by the authority.
SB456,11,1
12. The powers, duties, and limitations of the authority.
SB456,11,32 3. The maximum rate of the taxes that may be imposed by the authority under
3sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
SB456,11,54 4. The composition of the board of directors of the authority, as determined
5under par. (e).
SB456,11,8 6(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
7chapter or ch. 59 or 85, an authority may do all of the following, to the extent
8authorized in the authority's bylaws:
SB456,11,109 (a) Establish, maintain, and operate a comprehensive unified local
10transportation system primarily for the transportation of persons.
SB456,11,1311 (b) Acquire a comprehensive unified local transportation system and provide
12funds for the operation and maintenance of the system. Upon the acquisition of a
13comprehensive unified local transportation system, the authority may:
SB456,11,1514 1. Operate and maintain it or lease it to an operator or contract for its use by
15an operator.
SB456,11,1716 2. Contract for superintendence of the system with an organization that has
17personnel with the requisite experience and skill.
SB456,11,2018 3. Delegate responsibility for the operation and maintenance of the system to
19an appropriate administrative officer, board, or commission of a participating
20political subdivision.
SB456,11,2221 4. Maintain and improve railroad rights-of-way and improvements on these
22rights-of-way for future use.
SB456,11,2423 (c) Contract with a public or private organization to provide transportation
24services in lieu of directly providing these services.
SB456,12,2
1(d) Purchase and lease transportation facilities to public or private transit
2companies that operate within and outside the jurisdictional area.
SB456,12,43 (e) Apply for federal aids to purchase transportation facilities considered
4essential for the authority's operation.
SB456,12,135 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
6for residents who reside within the jurisdictional area and who are disabled or aged
760 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
842 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
9administered by the county. An authority may contract with a county that is a
10participating political subdivision for the authority to provide specialized
11transportation services, but an authority is not an eligible applicant under s. 85.21
12(2) (e) and may not receive payments directly from the department of transportation
13under s. 85.21.
SB456,12,1614 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
15of, mortgage, pledge, or grant a security interest in any real or personal property or
16service.
SB456,12,1817 (h) Acquire property by condemnation using the procedure under s. 32.05 for
18the purposes set forth in this section.
SB456,12,2519 (i) Enter upon any state, county, or municipal street, road, or alley, or any public
20highway for the purpose of installing, maintaining, and operating the authority's
21facilities. Whenever the work is to be done in a state, county, or municipal highway,
22street, road, or alley, the public authority having control thereof shall be duly
23notified, and the highway, street, road, or alley shall be restored to as good a condition
24as existed before the commencement of the work with all costs incident to the work
25to be borne by the authority.
SB456,13,2
1(j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
2facilities, and services provided by the authority.
SB456,13,43 (k) Make, and from time to time amend and repeal, bylaws, rules, and
4regulations to carry into effect the powers and purposes of the authority.
SB456,13,55 (L) Sue and be sued in its own name.
SB456,13,66 (m) Have and use a corporate seal.
SB456,13,97 (n) Employ agents, consultants, and employees, engage professional services,
8and purchase such furniture, stationery, and other supplies and materials as are
9reasonably necessary to perform its duties and exercise its powers.
SB456,13,1110 (o) Incur debts, liabilities, or obligations including the borrowing of money and
11the issuance of bonds under subs. (7) and (10).
SB456,13,1512 (p) Invest any funds held in reserve or sinking funds, or any funds not required
13for immediate disbursement, including the proceeds from the sale of any bonds, in
14such obligations, securities, and other investments as the authority deems proper in
15accordance with s. 66.0603 (1m).
SB456,13,1716 (q) Do and perform any acts and things authorized by this section under,
17through, or by means of an agent or by contracts with any person.
SB456,13,2018 (r) Exercise any other powers that the board of directors considers necessary
19and convenient to effectuate the purposes of the authority, including providing for
20passenger safety.
SB456,14,221 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
22under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts
23a resolution to impose the taxes, it shall deliver a certified copy of the resolution to
24the department of revenue at least 120 days before its effective date. The authority
25may, by adoption of a resolution by the board of directors, repeal the imposition of

1taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal
2resolution to the department of revenue at least 120 days before its effective date.
SB456,14,213 2. If an authority adopts a resolution to impose the tax, as provided in subd.
41., an authority shall specify to the department of revenue, as provided in this
5subdivision, the exact boundaries of the authority's jurisdictional area. If the
6boundaries are the same as the county lines on all sides of the authority's
7jurisdictional area, the resolution shall specify the county or counties that comprise
8the authority's entire jurisdictional area. If the boundaries are other than a county
9line on any side of the authority's jurisdictional area, the authority shall provide the
10department with a complete list of all the 9-digit zip codes that are entirely within
11the authority's jurisdictional area and a complete list of all the street addresses that
12are within the authority's jurisdictional area and not included in any 9-digit zip code
13that is entirely within the authority's jurisdictional area. The authority shall
14provide a certified copy of the information required under this subdivision to the
15department, in the manner, format, and layout prescribed by the department, at
16least 120 days prior to the first day of the calendar quarter before the effective date
17of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional
18area subsequently change, the authority shall submit a certified copy of the
19information required under this subdivision to the department at least 120 days
20prior to the first day of the calendar quarter before the effective date of such change,
21in the manner, format, and layout prescribed by the department.
SB456,15,222 3. Notwithstanding subd. 1., an authority created under sub. (2) (d) may not
23impose the taxes authorized under subd. 1. unless the authorizing resolutions under
24sub. (2) (d) 1. and, if applicable, sub. (2) (d) 2. and 3., as well as the referendum
25question on the referendum ballot specified in sub. (2) (d) 1. and, if applicable, sub.

1(2) (d) 2. and 3., each clearly identifies the maximum rate of the taxes that may be
2imposed by the authority under subd. 1.
SB456,15,73 4. If an authority created under sub. (2) (d) adopts a resolution to impose the
4taxes under subd. 1., no political subdivision that is a member of the authority may
5levy property taxes for transit purposes in excess of the amount of property taxes
6levied for transit purposes in the year before the year in which the taxes are imposed
7under subd. 1.
SB456,15,14 8(5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c),
9(d), (q), and (r), no authority, and no public or private organization with which an
10authority has contracted for service, may provide service outside the jurisdictional
11area of the authority unless the authority receives financial support for the service
12under a contract with a public or other private organization for the service or unless
13it is necessary in order to provide service to connect residents within the authority's
14jurisdictional area to transit systems in adjacent counties.
SB456,15,2315 (b) Whenever the proposed operations of an authority would be competitive
16with the operations of a common carrier in existence prior to the time the authority
17commences operations, the authority shall coordinate proposed operations with the
18common carrier to eliminate adverse financial impact for the carrier. This
19coordination may include route overlapping, transfers, transfer points, schedule
20coordination, joint use of facilities, lease of route service, and acquisition of route and
21corollary equipment. If this coordination does not result in mutual agreement, the
22proposals of the authority and the common carrier shall be submitted to the
23department of transportation for arbitration.
SB456,16,3
1(c) In exercising its powers under sub. (4), an authority shall consider any plan
2of a metropolitan planning organization under 23 USC 134 that covers any portion
3of the authority's jurisdictional area.
SB456,16,8 4(6) Authority obligations to employees of mass transportation systems. (a)
5An authority acquiring a comprehensive unified local transportation system for the
6purpose of the authority's operation of the system shall assume all of the employer's
7obligations under any contract between the employees and management of the
8system to the extent allowed by law.
SB456,16,189 (b) An authority acquiring, constructing, controlling, or operating a
10comprehensive unified local transportation system shall negotiate an agreement
11with the representative of the labor organization that covers the employees affected
12by the acquisition, construction, control, or operation to protect the interests of
13employees affected. This agreement shall include all of the provisions identified in
14s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An
15affected employee has all the rights and the same status under subch. IV of ch. 111
16that he or she enjoyed immediately before the acquisition, construction, control, or
17operation and may not be required to serve a probationary period if he or she attained
18permanent status before the acquisition, construction, control, or operation.
SB456,16,2019 (c) In all negotiations under this subsection, a senior executive officer of the
20authority shall be a member of the authority's negotiating body.
SB456,16,25 21(7) Bonds; generally. (a) An authority may issue bonds, the principal and
22interest on which are payable exclusively from all or a portion of any revenues
23received by the authority. The authority may secure its bonds by a pledge of any
24income or revenues from any operations, rent, aids, grants, subsidies, contributions,
25or other source of moneys whatsoever.
SB456,17,2
1(b) An authority may issue bonds in such principal amounts as the authority
2deems necessary.
SB456,17,53 (c) 1. Neither the members of the board of directors of an authority nor any
4person executing the bonds is personally liable on the bonds by reason of the issuance
5of the bonds.
SB456,17,106 2. The bonds of an authority are not a debt of the participating political
7subdivisions. Neither the participating political subdivisions nor the state are liable
8for the payment of the bonds. The bonds of any authority shall be payable only out
9of funds or properties of the authority. The bonds of the authority shall state the
10restrictions contained in this paragraph on the face of the bonds.
SB456,17,21 11(8) Issuance of bonds. (a) Bonds of an authority shall be authorized by
12resolution of the board of directors. The bonds may be issued under such a resolution
13or under a trust indenture or other security instrument. The bonds may be issued
14in one or more series and may be in the form of coupon bonds or registered bonds
15under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest
16at the rates, be in the denominations, have the rank or priority, be executed in the
17manner, be payable in the medium of payment and at the places, and be subject to
18the terms of redemption, with or without premium, as the resolution, trust
19indenture, or other security instrument provides. Bonds of an authority are issued
20for an essential public and governmental purpose and are public instrumentalities
21and, together with interest and income, are exempt from taxes.
SB456,17,2322 (b) The authority may sell the bonds at public or private sales at the price or
23prices determined by the authority.
SB456,18,224 (c) If an officer whose signatures appear on any bonds or coupons ceases to be
25an officer of the authority before the delivery of the bonds or coupons, the officer's

1signature shall, nevertheless, be valid for all purposes as if the officer had remained
2in office until delivery of the bonds or coupons.
SB456,18,4 3(9) Covenants. An authority may do all of the following in connection with the
4issuance of bonds:
SB456,18,55 (a) Covenant as to the use of any or all of its property, real or personal.
SB456,18,76 (b) Redeem the bonds, or covenant for the redemption of the bonds, and provide
7the terms and conditions of the redemption.
SB456,18,148 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet
9operating and maintenance expenses, renewals, and replacements of any
10transportation system, principal and debt service on bonds creation and
11maintenance of any reserves required by a bond resolution, trust indenture, or other
12security instrument and to provide for any margins or coverages over and above debt
13service on the bonds that the board of directors considers desirable for the
14marketability of the bonds.
Loading...
Loading...