The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB456, s. 2
20.566 (1) (gc) of the statutes is created to read:
(gc) Administration of transit authority taxes.
From the moneys 5
received from the appropriation account under s. 20.835 (4) (gc), the amounts in the 6
schedule for the purpose of administering the transit authority taxes imposed under 7
s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the 8
unencumbered balance in this appropriation account shall be transferred to the 9
appropriation account under s. 20.835 (4) (gc).
SB456, s. 3
20.835 (4) (gc) of the statutes is created to read:
(gc) Transit authority taxes.
All moneys received from the taxes 12
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 2
imposing taxes under subch. V of ch. 77 which is affirmed by referendum, except that 3
1.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited 4
to the appropriation account under s. 20.566 (1) (gc).
Any housing authority created under ss. 66.1201 to 66.1211; 8
redevelopment authority created under s. 66.1333; community development 9
authority created under s. 66.1335; local cultural arts district created under subch. 10
V of ch. 229, subject to s. 229.844 (4) (c); or
local exposition district created under 11
subch. II of ch. 229; or transit authority created under s. 66.1039
(a) Except as provided under par. (b), a county board of supervisors 15
or a county highway committee when so authorized by the county board of 16
supervisors, a city council, a village board, a town board, a sewerage commission 17
governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, 18
the secretary of transportation, a commission created by contract under s. 66.0301, 19
a 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 21
exposition district created under subch. II of ch. 229, a local cultural arts district 22
created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a 23
community development authority under s. 66.1335 shall make an order providing 24
for the laying out, relocation and improvement of the public highway, street, alley, 25
storm and sanitary sewers, watercourses, water transmission and distribution
facilities, mass transit facilities, airport, or other transportation facilities, gas or 2
leachate extraction systems to remedy environmental pollution from a solid waste 3
disposal facility, housing project, redevelopment project, cultural arts facilities, 4
exposition center or exposition center facilities which shall be known as the 5
relocation order. This order shall include a map or plat showing the old and new 6
locations and the lands and interests required. A copy of the order shall, within 20 7
days after its issue, be filed with the county clerk of the county wherein the lands are 8
located or, in lieu of filing a copy of the order, a plat may be filed or recorded in 9
accordance with s. 84.095.
The petitioner shall determine necessity if application is by the state 13
or any commission, department, board or other branch of state government or by a 14
city, village, town, county, school district, board, commission, public officer, 15
commission created by contract under s. 66.0301, joint local water authority under 16
s. 66.0823, transit authority created under s. 66.1039,
redevelopment authority 17
created under s. 66.1333, local exposition district created under subch. II of ch. 229, 18
local cultural arts district created under subch. V of ch. 229, housing authority 19
created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 20
feet in width, for a telegraph, telephone or other electric line, for the right-of-way 21
for a gas pipeline, main or service or for easements for the construction of any 22
elevated structure or subway for railroad purposes.
"Employer" means the state, including each state agency, any 2
county, city, village, town, school district, other governmental unit or 3
instrumentality of 2 or more units of government now existing or hereafter created 4
within the state, any federated public library system established under s. 43.19 5
whose territory lies within a single county with a population of 500,000 or more, a 6
local 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 8
provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local 9
cultural arts district created under subch. V of ch. 229. Each employer shall be a 10
separate legal jurisdiction for OASDHI purposes.
(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, 15
village, town, county, school district, public library system, public inland lake 16
protection and rehabilitation district, sanitary district, farm drainage district, 17
metropolitan sewerage district, sewer utility district, solid waste management 18
system created under s. 59.70 (2), local exposition district created under subch. II of 19
ch. 229, local professional baseball park district created under subch. III of ch. 229, 20
local professional football stadium district created under subch. IV of ch. 229, local 21
cultural 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, 23
mosquito control district, municipal electric company, county or city transit 24
commission, commission created by contract under this section, taxation district, 25
regional planning commission, housing authority created under s. 66.1201,
redevelopment authority created under s. 66.1333, community development 2
authority created under s. 66.1335, or city-county health department.
(d) "Local governmental unit" means a political subdivision of this 6
state, a special purpose district in this state, an instrumentality or corporation of 7
such a political subdivision or special purpose district, a combination or subunit of 8
any 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.
SB456, s. 10
66.1039 of the statutes is created to read:
1266.1039 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 15
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 22
transportation system that is comprised of motor bus lines and any other local public 23
transportation facilities, the major portion of which is located within, or the major 24
portion of the service of which is supplied to the inhabitants of, the jurisdictional area 25
of the authority.
(e) "Municipality" means any city, village, or town.
(f) "Participating political subdivision" means a political subdivision that is a 3
member of an authority, either from the time of creation of the authority or by later 4
joining the authority.
(g) "Political subdivision" means a municipality or county.
(h) "Transportation system" means all land, shops, structures, equipment, 7
property, franchises, and rights of whatever nature required for transportation of 8
passengers within the jurisdictional area of the authority and, only to the extent 9
specifically authorized under this section, outside the jurisdictional area of the 10
authority. "Transportation system" includes elevated railroads, subways, 11
underground railroads, motor vehicles, motor buses, and any combination thereof, 12
and any other form of mass transportation, but does not include transportation 13
excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter 14
or contract operations to, from, or between points that are outside the jurisdictional 15
area of the authority.
(i) "Urbanized Fox Cities metropolitan planning area" means the urbanized 17
area, as defined in 23 USC 134
(b) (6), of the metropolitan planning area, as defined 18
in 23 USC 134
(b) (1), that includes the city of Appleton.
19(2) Creation of Transit Authorities.
(d) Fox Cities regional transit authority
1. The Fox Cities regional transit authority, a public body corporate and politic and 21
a separate governmental entity, is created if the governing body of any 2 or more 22
municipalities located in whole or in part within the urbanized Fox Cities 23
metropolitan planning area adopt a resolution authorizing the municipality to 24
become a member of the authority and each resolution is ratified by the electors at 25
a referendum held in the municipality at a general election. Except as provided in
subds. 2. and 3., once created, this authority shall consist of all municipalities that 2
adopt a resolution ratified at a referendum, as provided in this subdivision. Once 3
created, this authority may transact business and exercise any powers granted to it 4
under this section.
2. After an authority is created under subd. 1., any municipality located in 6
whole or in part within the urbanized Fox Cities metropolitan planning area may 7
join the authority created under subd. 1. if the governing body of the municipality 8
adopts a resolution to join the authority, the resolution is ratified by the electors at 9
a referendum held in the municipality, and the board of directors of the authority 10
approves the municipality's joinder.
3. After an authority is created under subd. 1., any municipality located in 12
whole or in part within Outagamie County, Calumet County, or Winnebago County 13
that is not located in whole or in part within the urbanized Fox Cities metropolitan 14
planning area may join the authority created under subd. 1. if the governing body 15
of the municipality adopts a resolution to join the authority, the resolution is ratified 16
by the electors at a referendum held in the municipality, and the board of directors 17
of the authority approves the municipality's joinder.
4. The jurisdictional area of the authority created under this paragraph is the 19
geographic area formed by the combined territorial boundaries of all municipalities 20
that create or join the authority under subds. 1., 2., and 3.
5. If a municipality joins the authority under subd. 2. or 3. after it is created, 22
the authority shall provide the department of revenue with a certified copy of the 23
resolution that approves the joining, a certification of the referendum results 24
ratifying this resolution, and a certified copy of the authority's board of directors 25
approval. The municipality's joining of the authority shall take effect on the first day
of the calendar quarter that begins at least 120 days after the department receives 2
this information. The authority shall also provide the department with a description 3
of the new boundaries of the authority's jurisdictional area, as provided under sub. 4
(4) (s) 2.
5(3) Transit authority governance.
(a) The powers of an authority shall be 6
vested in its board of directors. Directors shall be appointed for 4-year terms. A 7
majority of the board of directors' full authorized membership constitutes a quorum 8
for the purpose of conducting the authority's business and exercising its powers. 9
Action may be taken by the board of directors upon a vote of a majority of the directors 10
present and voting, unless the bylaws of the authority require a larger number.
(e) If an authority is created under sub. (2) (d), the resolutions creating the 12
authority under sub. (2) (d) 1. shall include identical provisions specifying the 13
number and composition of the authority's board of directors. All directors shall be 14
elected officials of one or more of the authority's participating political subdivisions. 15
If a municipality joins an authority after its creation, the resolution joining the 16
authority under sub. (2) (d) 2. or 3. shall specify what the number and composition 17
of the authority's board of directors will be after the municipality's joinder, and all 18
municipalities that are participating political subdivisions of the authority at the 19
time of the new municipality's joinder shall amend or modify their resolutions 20
creating or joining the authority to make them identical to the resolution of the newly 21
(g) The bylaws of an authority shall govern its management, operations, and 23
administration, consistent with the provisions of this section, and shall include 24
provisions specifying all of the following:
1. The functions or services to be provided by the authority.
2. The powers, duties, and limitations of the authority.
3. The maximum rate of the taxes that may be imposed by the authority under 3
sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
4. The composition of the board of directors of the authority, as determined 5
under par. (e).
Notwithstanding s. 59.84 (2) and any other provision of this 7
chapter or ch. 59 or 85, an authority may do all of the following, to the extent 8
authorized in the authority's bylaws:
(a) Establish, maintain, and operate a comprehensive unified local 10
transportation system primarily for the transportation of persons.
(b) Acquire a comprehensive unified local transportation system and provide 12
funds for the operation and maintenance of the system. Upon the acquisition of a 13
comprehensive unified local transportation system, the authority may:
1. Operate and maintain it or lease it to an operator or contract for its use by 15
2. Contract for superintendence of the system with an organization that has 17
personnel with the requisite experience and skill.
3. Delegate responsibility for the operation and maintenance of the system to 19
an appropriate administrative officer, board, or commission of a participating 20
4. Maintain and improve railroad rights-of-way and improvements on these 22
rights-of-way for future use.
(c) Contract with a public or private organization to provide transportation 24
services in lieu of directly providing these services.
(d) Purchase and lease transportation facilities to public or private transit 2
companies that operate within and outside the jurisdictional area.
(e) Apply for federal aids to purchase transportation facilities considered 4
essential for the authority's operation.
(f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g), 6
for residents who reside within the jurisdictional area and who are disabled or aged 7
60 or older, including services funded under 42 USC 3001
, 42 USC 5001
, and 842 USC 5011
(b), under ss. 49.43 to 49.499 and 85.21, and under other public funds 9
administered by the county. An authority may contract with a county that is a 10
participating political subdivision for the authority to provide specialized 11
transportation 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 13
under s. 85.21.
(g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose 15
of, mortgage, pledge, or grant a security interest in any real or personal property or 16
(h) Acquire property by condemnation using the procedure under s. 32.05 for 18
the purposes set forth in this section.
(i) Enter upon any state, county, or municipal street, road, or alley, or any public 20
highway for the purpose of installing, maintaining, and operating the authority's 21
facilities. Whenever the work is to be done in a state, county, or municipal highway, 22
street, road, or alley, the public authority having control thereof shall be duly 23
notified, and the highway, street, road, or alley shall be restored to as good a condition 24
as existed before the commencement of the work with all costs incident to the work 25
to be borne by the authority.
(j) Fix, maintain, and revise fees, rates, rents, and charges for functions, 2
facilities, and services provided by the authority.
(k) Make, and from time to time amend and repeal, bylaws, rules, and 4
regulations to carry into effect the powers and purposes of the authority.
(L) Sue and be sued in its own name.
(m) Have and use a corporate seal.
(n) Employ agents, consultants, and employees, engage professional services, 8
and purchase such furniture, stationery, and other supplies and materials as are 9
reasonably necessary to perform its duties and exercise its powers.
(o) Incur debts, liabilities, or obligations including the borrowing of money and 11
the issuance of bonds under subs. (7) and (10).
(p) Invest any funds held in reserve or sinking funds, or any funds not required 13
for immediate disbursement, including the proceeds from the sale of any bonds, in 14
such obligations, securities, and other investments as the authority deems proper in 15
accordance with s. 66.0603 (1m).
(q) Do and perform any acts and things authorized by this section under, 17
through, or by means of an agent or by contracts with any person.
(r) Exercise any other powers that the board of directors considers necessary 19
and convenient to effectuate the purposes of the authority, including providing for 20
(s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes 22
under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts 23
a resolution to impose the taxes, it shall deliver a certified copy of the resolution to 24
the department of revenue at least 120 days before its effective date. The authority 25
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 2
resolution to the department of revenue at least 120 days before its effective date.
2. If an authority adopts a resolution to impose the tax, as provided in subd. 4
1., an authority shall specify to the department of revenue, as provided in this 5
subdivision, the exact boundaries of the authority's jurisdictional area. If the 6
boundaries are the same as the county lines on all sides of the authority's 7
jurisdictional area, the resolution shall specify the county or counties that comprise 8
the authority's entire jurisdictional area. If the boundaries are other than a county 9
line on any side of the authority's jurisdictional area, the authority shall provide the 10
department with a complete list of all the 9-digit zip codes that are entirely within 11
the authority's jurisdictional area and a complete list of all the street addresses that 12
are within the authority's jurisdictional area and not included in any 9-digit zip code 13
that is entirely within the authority's jurisdictional area. The authority shall 14
provide a certified copy of the information required under this subdivision to the 15
department, in the manner, format, and layout prescribed by the department, at 16
least 120 days prior to the first day of the calendar quarter before the effective date 17
of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional 18
area subsequently change, the authority shall submit a certified copy of the 19
information required under this subdivision to the department at least 120 days 20
prior to the first day of the calendar quarter before the effective date of such change, 21
in the manner, format, and layout prescribed by the department.
3. Notwithstanding subd. 1., an authority created under sub. (2) (d) may not 23
impose the taxes authorized under subd. 1. unless the authorizing resolutions under 24
sub. (2) (d) 1. and, if applicable, sub. (2) (d) 2. and 3., as well as the referendum 25
question on the referendum ballot specified in sub. (2) (d) 1. and, if applicable, sub.
(2) (d) 2. and 3., each clearly identifies the maximum rate of the taxes that may be 2
imposed by the authority under subd. 1.
4. If an authority created under sub. (2) (d) adopts a resolution to impose the 4
taxes under subd. 1., no political subdivision that is a member of the authority may 5
levy property taxes for transit purposes in excess of the amount of property taxes 6
levied for transit purposes in the year before the year in which the taxes are imposed 7
under subd. 1.
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 10
authority has contracted for service, may provide service outside the jurisdictional 11
area of the authority unless the authority receives financial support for the service 12
under a contract with a public or other private organization for the service or unless 13
it is necessary in order to provide service to connect residents within the authority's 14
jurisdictional area to transit systems in adjacent counties.
(b) Whenever the proposed operations of an authority would be competitive 16
with the operations of a common carrier in existence prior to the time the authority 17
commences operations, the authority shall coordinate proposed operations with the 18
common carrier to eliminate adverse financial impact for the carrier. This 19
coordination may include route overlapping, transfers, transfer points, schedule 20
coordination, joint use of facilities, lease of route service, and acquisition of route and 21
corollary equipment. If this coordination does not result in mutual agreement, the 22
proposals of the authority and the common carrier shall be submitted to the 23
department of transportation for arbitration.
(c) In exercising its powers under sub. (4), an authority shall consider any plan 2
of a metropolitan planning organization under 23 USC 134
that covers any portion 3
of the authority's jurisdictional area.
4(6) Authority obligations to employees of mass transportation systems.
An authority acquiring a comprehensive unified local transportation system for the 6
purpose of the authority's operation of the system shall assume all of the employer's 7
obligations under any contract between the employees and management of the 8
system to the extent allowed by law.
(b) An authority acquiring, constructing, controlling, or operating a 10
comprehensive unified local transportation system shall negotiate an agreement 11
with the representative of the labor organization that covers the employees affected 12
by the acquisition, construction, control, or operation to protect the interests of 13
employees affected. This agreement shall include all of the provisions identified in 14
s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An 15
affected employee has all the rights and the same status under subch. IV of ch. 111 16
that he or she enjoyed immediately before the acquisition, construction, control, or 17
operation and may not be required to serve a probationary period if he or she attained 18
permanent status before the acquisition, construction, control, or operation.
(c) In all negotiations under this subsection, a senior executive officer of the 20
authority shall be a member of the authority's negotiating body.
21(7) Bonds; generally.
(a) An authority may issue bonds, the principal and 22
interest on which are payable exclusively from all or a portion of any revenues 23
received by the authority. The authority may secure its bonds by a pledge of any 24
income or revenues from any operations, rent, aids, grants, subsidies, contributions, 25
or other source of moneys whatsoever.
(b) An authority may issue bonds in such principal amounts as the authority 2
(c) 1. Neither the members of the board of directors of an authority nor any 4
person executing the bonds is personally liable on the bonds by reason of the issuance 5
of the bonds.
2. The bonds of an authority are not a debt of the participating political 7
subdivisions. Neither the participating political subdivisions nor the state are liable 8
for the payment of the bonds. The bonds of any authority shall be payable only out 9
of funds or properties of the authority. The bonds of the authority shall state the 10
restrictions contained in this paragraph on the face of the bonds.
11(8) Issuance of bonds.
(a) Bonds of an authority shall be authorized by 12
resolution of the board of directors. The bonds may be issued under such a resolution 13
or under a trust indenture or other security instrument. The bonds may be issued 14
in one or more series and may be in the form of coupon bonds or registered bonds 15
under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest 16
at the rates, be in the denominations, have the rank or priority, be executed in the 17
manner, be payable in the medium of payment and at the places, and be subject to 18
the terms of redemption, with or without premium, as the resolution, trust 19
indenture, or other security instrument provides. Bonds of an authority are issued 20
for an essential public and governmental purpose and are public instrumentalities 21
and, together with interest and income, are exempt from taxes.
(b) The authority may sell the bonds at public or private sales at the price or 23
prices determined by the authority.
(c) If an officer whose signatures appear on any bonds or coupons ceases to be 25
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 2
in office until delivery of the bonds or coupons.
An authority may do all of the following in connection with the 4
issuance of bonds:
(a) Covenant as to the use of any or all of its property, real or personal.
(b) Redeem the bonds, or covenant for the redemption of the bonds, and provide 7
the terms and conditions of the redemption.
(c) Covenant as to charge fees, rates, rents, and charges sufficient to meet 9
operating and maintenance expenses, renewals, and replacements of any 10
transportation system, principal and debt service on bonds creation and 11
maintenance of any reserves required by a bond resolution, trust indenture, or other 12
security instrument and to provide for any margins or coverages over and above debt 13
service on the bonds that the board of directors considers desirable for the 14
marketability of the bonds.