AB1-ASA1-AA20,2,83
20.566
(1) (gc)
Administration of transit authority taxes. From the moneys
4received from the appropriation account under s. 20.835 (4) (gc), the amounts in the
5schedule for the purpose of administering the transit authority taxes imposed under
6s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the
7unencumbered balance in this appropriation account shall be transferred to the
8appropriation account under s. 20.835 (4) (gc).”.
AB1-ASA1-AA20,2,1611
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),
13for the purpose of distribution to the transit authorities that adopt a resolution
14imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues
15collected under subch. V of ch. 77 shall be credited to the appropriation account under
16s. 20.566 (1) (gc).”.
AB1-ASA1-AA20,2,2319
32.02
(11) Any housing authority created under ss. 66.1201 to 66.1211;
20redevelopment authority created under s. 66.1333; community development
21authority created under s. 66.1335; local cultural arts district created under subch.
22V of ch. 229, subject to s. 229.844 (4) (c);
or local exposition district created under
23subch. II of ch. 229
; or transit authority created under s. 66.1039.
AB1-ASA1-AA20,3,21
132.05
(1) (a) Except as provided under par. (b), a county board of supervisors
2or a county highway committee when so authorized by the county board of
3supervisors, a city council, a village board, a town board, a sewerage commission
4governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
5the secretary of transportation, a commission created by contract under s. 66.0301,
6a joint local water authority created by contract under s. 66.0823,
a transit authority
7created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local
8exposition district created under subch. II of ch. 229, a local cultural arts district
9created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
10community development authority under s. 66.1335 shall make an order providing
11for the laying out, relocation and improvement of the public highway, street, alley,
12storm and sanitary sewers, watercourses, water transmission and distribution
13facilities, mass transit facilities, airport, or other transportation facilities, gas or
14leachate extraction systems to remedy environmental pollution from a solid waste
15disposal facility, housing project, redevelopment project, cultural arts facilities,
16exposition center or exposition center facilities which shall be known as the
17relocation order. This order shall include a map or plat showing the old and new
18locations and the lands and interests required. A copy of the order shall, within 20
19days after its issue, be filed with the county clerk of the county wherein the lands are
20located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
21accordance with s. 84.095.
AB1-ASA1-AA20,4,823
32.07
(2) The petitioner shall determine necessity if application is by the state
24or any commission, department, board or other branch of state government or by a
25city, village, town, county, school district, board, commission, public officer,
1commission created by contract under s. 66.0301, joint local water authority under
2s. 66.0823,
transit authority created under s. 66.1039, redevelopment authority
3created under s. 66.1333, local exposition district created under subch. II of ch. 229,
4local cultural arts district created under subch. V of ch. 229, housing authority
5created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
6feet in width, for a telegraph, telephone or other electric line, for the right-of-way
7for a gas pipeline, main or service or for easements for the construction of any
8elevated structure or subway for railroad purposes.
AB1-ASA1-AA20,4,1910
40.02
(28) “Employer" means the state, including each state agency, any
11county, city, village, town, school district, other governmental unit or
12instrumentality of 2 or more units of government now existing or hereafter created
13within the state, any federated public library system established under s. 43.19
14whose territory lies within a single county with a population of 500,000 or more, a
15local exposition district created under subch. II of ch. 229,
a transit authority created
16under s. 66.1039, and a long-term care district created under s. 46.2895, except as
17provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local
18cultural arts district created under subch. V of ch. 229. Each employer shall be a
19separate legal jurisdiction for OASDHI purposes.”.
AB1-ASA1-AA20,5,1422
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
23“municipality" means the state or any department or agency thereof, or any city,
24village, town, county, or school district, the opportunity schools and partnership
1programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
2schools opportunity schools and partnership program under s. 119.33, or any public
3library system, public inland lake protection and rehabilitation district, sanitary
4district, farm drainage district, metropolitan sewerage district, sewer utility district,
5solid waste management system created under s. 59.70 (2), local exposition district
6created under subch. II of ch. 229, local professional baseball park district created
7under subch. III of ch. 229, local professional football stadium district created under
8subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
9transit authority created under s. 66.1039, long-term care district under s. 46.2895,
10water utility district, mosquito control district, municipal electric company, county
11or city transit commission, commission created by contract under this section,
12taxation district, regional planning commission, housing authority created under s.
1366.1201, redevelopment authority created under s. 66.1333, community
14development authority created under s. 66.1335, or city-county health department.
AB1-ASA1-AA20,5,2116
66.0903
(1) (d) “Local governmental unit" means a political subdivision of this
17state, a special purpose district in this state, an instrumentality or corporation of
18such a political subdivision or special purpose district, a combination or subunit of
19any of the foregoing or an instrumentality of the state and any of the foregoing.
20“Local governmental unit" includes a regional transit authority created under s.
2166.1039.
AB1-ASA1-AA20,5,23
2366.1039 Transit authorities. (1) Definitions. In this section:
AB1-ASA1-AA20,5,2424
(a) “Authority" means a transit authority created under this section.
AB1-ASA1-AA20,6,2
1(b) “Bonds" means any bonds, interim certificates, notes, debentures, or other
2obligations of an authority issued under this section.
AB1-ASA1-AA20,6,33
(c) “Common carrier" means any of the following:
AB1-ASA1-AA20,6,44
1. A common motor carrier, as defined in s. 194.01 (1).
AB1-ASA1-AA20,6,55
2. A contract motor carrier, as defined in s. 194.01 (2).
AB1-ASA1-AA20,6,66
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB1-ASA1-AA20,6,77
4. A water carrier, as defined in s. 195.02 (5).
AB1-ASA1-AA20,6,128
(d) “Comprehensive unified local transportation system" means a
9transportation system that is comprised of motor bus lines and any other local public
10transportation facilities, the major portion of which is located within, or the major
11portion of the service of which is supplied to the inhabitants of, the jurisdictional area
12of the authority.
AB1-ASA1-AA20,6,1313
(e) “Municipality" means any city, village, or town.
AB1-ASA1-AA20,6,1614
(f) “Participating political subdivision" means a political subdivision that is a
15member of an authority, either from the time of creation of the authority or by later
16joining the authority.
AB1-ASA1-AA20,6,1717
(g) “Political subdivision" means a municipality or county.
AB1-ASA1-AA20,7,218
(h) “Transportation system" means all land, shops, structures, equipment,
19property, franchises, and rights of whatever nature required for transportation of
20passengers within the jurisdictional area of the authority and, only to the extent
21specifically authorized under this section, outside the jurisdictional area of the
22authority. “Transportation system" includes elevated railroads, subways,
23underground railroads, motor vehicles, motor buses, and any combination thereof,
24and any other form of mass transportation, but does not include transportation
25excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter
1or contract operations to, from, or between points that are outside the jurisdictional
2area of the authority.
AB1-ASA1-AA20,7,16
3(2) Creation of transit authorities. (k)
Regional transit authority in
4Kenosha, Racine, Milwaukee, and Waukesha Counties. 1. Except as provided in
5subds. 5. and 6., any 2 or more political subdivisions located in whole or in part within
6Kenosha, Racine, Milwaukee, and Waukesha Counties may join together to jointly
7create a public body corporate and politic and a separate governmental entity, known
8as a “regional transit authority," if the governing body of each such political
9subdivision adopts a resolution authorizing the political subdivision to become a
10member of the authority and all such resolutions are identical to each other.
11However, Milwaukee County may create an authority if the governing body of
12Milwaukee County adopts a resolution authorizing the creation of the authority.
13Except as provided in subd. 2. and sub. (13), once created, the members of the
14authority shall consist of all political subdivisions that adopt resolutions, as provided
15in this subdivision. Once created, the authority may transact business and exercise
16any powers granted to it under this section.
AB1-ASA1-AA20,7,2417
2. Except as provided in subds. 5. and 6., after an authority is created under
18subd. 1., any political subdivision located in whole or in part within Kenosha, Racine,
19Milwaukee, or Waukesha County may join the authority if the governing body of the
20political subdivision adopts a resolution identical to the existing resolutions of the
21authority's participating political subdivisions or, if Milwaukee County is the only
22member of the authority, identical to the Milwaukee County board's existing
23resolution, and the authority's board of directors adopts a resolution allowing the
24political subdivision to join the authority.
AB1-ASA1-AA20,8,4
13. a. Except as provided in subd. 3. b. and c., the jurisdictional area of an
2authority created under this paragraph is the geographic area formed by the
3combined territorial boundaries of all participating political subdivisions of the
4authority.
AB1-ASA1-AA20,8,85
b. If the authority includes a county other than Milwaukee County as a
6participating political subdivision, the jurisdictional area of the authority includes
7only that portion of the county that is within the territorial boundaries of
8municipalities in the county that are also participating political subdivisions.
AB1-ASA1-AA20,8,139
c. If a municipality that is a participating political subdivision of the authority
10is located in more than one county, the resolutions creating or joining the authority
11and the authority's bylaws may declare that, for purposes of the authority's
12jurisdictional area, the municipality's territorial boundaries are limited to only one
13of those counties.
AB1-ASA1-AA20,8,2114
4. If a political subdivision joins an authority under subd. 2. after it is created,
15the authority shall provide the department of revenue with a certified copy of the
16resolution that approves the joining and the resolution of the authority's board of
17directors allowing the political subdivision to join the authority. The political
18subdivision's joining of the authority shall take effect on the first day of the calendar
19quarter that begins at least 120 days after the department receives this information.
20The authority shall also provide the department with a description of the new
21boundaries of the authority's jurisdictional area, as provided under sub. (4) (s) 2.
AB1-ASA1-AA20,8,2322
5. A political subdivision may not create or join more than one authority under
23this paragraph.
AB1-ASA1-AA20,9,3
16. A county other than Milwaukee County may not create or join an authority
2under this paragraph unless a municipality located in whole or in part within the
3county is a participating political subdivision in the authority.
AB1-ASA1-AA20,9,9
4(3) Transit authority governance. (a) The powers of an authority shall be
5vested in its board of directors. Directors shall be elected to 4-year terms. A majority
6of the board of directors' full authorized membership constitutes a quorum for the
7purpose of conducting the authority's business and exercising its powers. Action may
8be taken by the board of directors upon a vote of a majority of the directors present
9and voting, unless the bylaws of the authority require a larger number.
AB1-ASA1-AA20,9,2110
(fg) If an authority is created under sub. (2) (k), the resolutions creating the
11authority under sub. (2) (k) 1. shall include identical provisions specifying the
12number and composition of the authority's board of directors. However, if Milwaukee
13County is the only member of the authority, the Milwaukee County board's resolution
14shall specify the number and composition of the authority's board of directors. If a
15political subdivision joins an authority after its creation, the resolution joining the
16authority under sub. (2) (k) 2. shall specify what the number and composition of the
17authority's board of directors will be after the political subdivision's joinder, and all
18political subdivisions that are participating political subdivisions of the authority at
19the time of the new political subdivision's joinder shall amend or modify their
20resolutions creating or joining the authority to make them identical to the resolution
21of the newly joining municipality.
AB1-ASA1-AA20,9,2422
(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:
AB1-ASA1-AA20,9,2525
1. The functions or services to be provided by the authority.
AB1-ASA1-AA20,10,1
12. The powers, duties, and limitations of the authority.
AB1-ASA1-AA20,10,32
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).
AB1-ASA1-AA20,10,54
4. The composition of the board of directors of the authority, as determined
5under par. (fg).
AB1-ASA1-AA20,10,66
5. For an authority created under sub. (2) (k), the name of the authority.
AB1-ASA1-AA20,10,9
7(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
8chapter or ch. 59 or 85, an authority may do all of the following, to the extent
9authorized in the authority's bylaws:
AB1-ASA1-AA20,10,1110
(a) Establish, maintain, and operate a comprehensive unified local
11transportation system primarily for the transportation of persons.
AB1-ASA1-AA20,10,1412
(b) Acquire a comprehensive unified local transportation system and provide
13funds for the operation and maintenance of the system. Upon the acquisition of a
14comprehensive unified local transportation system, the authority may:
AB1-ASA1-AA20,10,1615
1. Operate and maintain it or lease it to an operator or contract for its use by
16an operator.
AB1-ASA1-AA20,10,1817
2. Contract for superintendence of the system with an organization that has
18personnel with the requisite experience and skill.
AB1-ASA1-AA20,10,2119
3. Delegate responsibility for the operation and maintenance of the system to
20an appropriate administrative officer, board, or commission of a participating
21political subdivision.
AB1-ASA1-AA20,10,2322
4. Maintain and improve railroad rights-of-way and improvements on these
23rights-of-way for future use.
AB1-ASA1-AA20,10,2524
(c) Contract with a public or private organization to provide transportation
25services in lieu of directly providing these services.
AB1-ASA1-AA20,11,2
1(d) Purchase and lease transportation facilities to public or private transit
2companies that operate within and outside the jurisdictional area.
AB1-ASA1-AA20,11,43
(e) Apply for federal aids to purchase transportation facilities considered
4essential for the authority's operation.
AB1-ASA1-AA20,11,135
(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.
AB1-ASA1-AA20,11,1614
(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.
AB1-ASA1-AA20,11,1817
(h) Acquire property by condemnation using the procedure under s. 32.05 for
18the purposes set forth in this section.
AB1-ASA1-AA20,11,2519
(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.
AB1-ASA1-AA20,12,2
1(j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
2facilities, and services provided by the authority.
AB1-ASA1-AA20,12,43
(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.
AB1-ASA1-AA20,12,55
(L) Sue and be sued in its own name.
AB1-ASA1-AA20,12,66
(m) Have and use a corporate seal.
AB1-ASA1-AA20,12,97
(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.
AB1-ASA1-AA20,12,1110
(o) Incur debts, liabilities, or obligations including the borrowing of money and
11the issuance of bonds under subs. (7) and (10).
AB1-ASA1-AA20,12,1512
(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).
AB1-ASA1-AA20,12,1716
(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.
AB1-ASA1-AA20,12,2018
(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.
AB1-ASA1-AA20,13,221
(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.
AB1-ASA1-AA20,13,213
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.
AB1-ASA1-AA20,14,222
3. Notwithstanding subd. 1., an authority created under sub. (2) (k) may not
23impose the taxes authorized under subd. 1. unless the authorizing resolution or
24resolutions under sub. (2) (k) 1. and, if applicable, sub. (2) (k) 2., each clearly
1identifies the maximum rate of the taxes that may be imposed by the authority under
2subd. 1.
AB1-ASA1-AA20,14,73
4. If an authority created under sub. (2) (k) 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.
AB1-ASA1-AA20,14,14
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.
AB1-ASA1-AA20,14,2315
(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.
AB1-ASA1-AA20,15,3
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.
AB1-ASA1-AA20,15,8
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.
AB1-ASA1-AA20,15,189
(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.
AB1-ASA1-AA20,15,2019
(c) In all negotiations under this subsection, a senior executive officer of the
20authority shall be a member of the authority's negotiating body.
AB1-ASA1-AA20,15,25
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.
AB1-ASA1-AA20,16,2
1(b) An authority may issue bonds in such principal amounts as the authority
2deems necessary.
AB1-ASA1-AA20,16,53
(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.
AB1-ASA1-AA20,16,106
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.
AB1-ASA1-AA20,16,21
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.
AB1-ASA1-AA20,16,2322
(b) The authority may sell the bonds at public or private sales at the price or
23prices determined by the authority.
AB1-ASA1-AA20,17,224
(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.
AB1-ASA1-AA20,17,4
3(9) Covenants. An authority may do all of the following in connection with the
4issuance of bonds: