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August 2017 Special Session
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 26,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 1
August 17, 2017 - Offered by Representatives Mason, Milroy, Ohnstad, Stuck,
Fields, Crowley, Sinicki, Barca, Bowen, Hebl, Hesselbein, Kessler, Pope,
Shankland, Spreitzer, Vruwink, Zamarripa, Zepnick and Kolste.
AB1-ASA1-AA26,1,11 At the locations indicated, amend the substitute amendment as follows:
AB1-ASA1-AA26,1,3 21. Page 2, line 7: after “process;" insert “authorizing the creation of a regional
3transit authority;".
AB1-ASA1-AA26,2,1
13. Page 11, line 20: after that line insert:
AB1-ASA1-AA26,2,2 2 Section 5m. 20.566 (1) (gc) of the statutes is created to read:
AB1-ASA1-AA26,2,83 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-AA26,2,9 94. Page 12, line 3: after that line insert:
AB1-ASA1-AA26,2,10 10 Section 6m. 20.835 (4) (gc) of the statutes is created to read:
AB1-ASA1-AA26,2,1611 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-AA26,2,18 175. Page 12, line 11: delete the material beginning with that line and ending
18with page 13, line 18.
AB1-ASA1-AA26,2,19 196. Page 13, line 18: after that line insert:
AB1-ASA1-AA26,2,20 20 Section 14m. 32.02 (11) of the statutes is amended to read:
AB1-ASA1-AA26,3,221 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
22redevelopment authority created under s. 66.1333; community development
23authority created under s. 66.1335; local cultural arts district created under subch.

1V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
2subch. II of ch. 229; or transit authority created under s. 66.1039.
AB1-ASA1-AA26,14n 3Section 14n. 32.05 (1) (a) of the statutes is amended to read:
AB1-ASA1-AA26,3,244 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
5or a county highway committee when so authorized by the county board of
6supervisors, a city council, a village board, a town board, a sewerage commission
7governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
8the secretary of transportation, a commission created by contract under s. 66.0301,
9a joint local water authority created by contract under s. 66.0823, a transit authority
10created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local
11exposition district created under subch. II of ch. 229, a local cultural arts district
12created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
13community development authority under s. 66.1335 shall make an order providing
14for the laying out, relocation and improvement of the public highway, street, alley,
15storm and sanitary sewers, watercourses, water transmission and distribution
16facilities, mass transit facilities, airport, or other transportation facilities, gas or
17leachate extraction systems to remedy environmental pollution from a solid waste
18disposal facility, housing project, redevelopment project, cultural arts facilities,
19exposition center or exposition center facilities which shall be known as the
20relocation order. This order shall include a map or plat showing the old and new
21locations and the lands and interests required. A copy of the order shall, within 20
22days after its issue, be filed with the county clerk of the county wherein the lands are
23located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
24accordance with s. 84.095.
AB1-ASA1-AA26,14o 25Section 14o. 32.07 (2) of the statutes is amended to read:
AB1-ASA1-AA26,4,11
132.07 (2) The petitioner shall determine necessity if application is by the state
2or any commission, department, board or other branch of state government or by a
3city, village, town, county, school district, board, commission, public officer,
4commission created by contract under s. 66.0301, joint local water authority under
5s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
6created under s. 66.1333, local exposition district created under subch. II of ch. 229,
7local cultural arts district created under subch. V of ch. 229, housing authority
8created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
9feet in width, for a telegraph, telephone or other electric line, for the right-of-way
10for a gas pipeline, main or service or for easements for the construction of any
11elevated structure or subway for railroad purposes.
AB1-ASA1-AA26,14p 12Section 14p. 40.02 (28) of the statutes is amended to read:
AB1-ASA1-AA26,4,2213 40.02 (28) “Employer" means the state, including each state agency, any
14county, city, village, town, school district, other governmental unit or
15instrumentality of 2 or more units of government now existing or hereafter created
16within the state, any federated public library system established under s. 43.19
17whose territory lies within a single county with a population of 500,000 or more, a
18local exposition district created under subch. II of ch. 229, a transit authority created
19under s. 66.1039,
and a long-term care district created under s. 46.2895, except as
20provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local
21cultural arts district created under subch. V of ch. 229. Each employer shall be a
22separate legal jurisdiction for OASDHI purposes.”.
AB1-ASA1-AA26,4,23 237. Page 15, line 24: after that line insert:
AB1-ASA1-AA26,4,24 24 Section 18m. 66.0301 (1) (a) of the statutes is amended to read:
AB1-ASA1-AA26,5,17
166.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
2“municipality" means the state or any department or agency thereof, or any city,
3village, town, county, or school district, the opportunity schools and partnership
4programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
5schools opportunity schools and partnership program under s. 119.33, or any public
6library system, public inland lake protection and rehabilitation district, sanitary
7district, farm drainage district, metropolitan sewerage district, sewer utility district,
8solid waste management system created under s. 59.70 (2), local exposition district
9created under subch. II of ch. 229, local professional baseball park district created
10under subch. III of ch. 229, local professional football stadium district created under
11subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
12transit authority created under s. 66.1039, long-term care district under s. 46.2895,
13water utility district, mosquito control district, municipal electric company, county
14or city transit commission, commission created by contract under this section,
15taxation district, regional planning commission, housing authority created under s.
1666.1201, redevelopment authority created under s. 66.1333, community
17development authority created under s. 66.1335, or city-county health department.
AB1-ASA1-AA26,18n 18Section 18n. 66.0903 (1) (d) of the statutes is amended to read:
AB1-ASA1-AA26,5,2419 66.0903 (1) (d) “Local governmental unit" means a political subdivision of this
20state, a special purpose district in this state, an instrumentality or corporation of
21such a political subdivision or special purpose district, a combination or subunit of
22any of the foregoing or an instrumentality of the state and any of the foregoing.
23“Local governmental unit" includes a regional transit authority created under s.
2466.1039.
AB1-ASA1-AA26,18o 25Section 18o. 66.1039 of the statutes is created to read:
AB1-ASA1-AA26,6,1
166.1039 Transit authorities. (1) Definitions. In this section:
AB1-ASA1-AA26,6,22 (a) “Authority" means a transit authority created under this section.
AB1-ASA1-AA26,6,43 (b) “Bonds" means any bonds, interim certificates, notes, debentures, or other
4obligations of an authority issued under this section.
AB1-ASA1-AA26,6,55 (c) “Common carrier" means any of the following:
AB1-ASA1-AA26,6,66 1. A common motor carrier, as defined in s. 194.01 (1).
AB1-ASA1-AA26,6,77 2. A contract motor carrier, as defined in s. 194.01 (2).
AB1-ASA1-AA26,6,88 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB1-ASA1-AA26,6,99 4. A water carrier, as defined in s. 195.02 (5).
AB1-ASA1-AA26,6,1410 (d) “Comprehensive unified local transportation system" means a
11transportation system that is comprised of motor bus lines and any other local public
12transportation facilities, the major portion of which is located within, or the major
13portion of the service of which is supplied to the inhabitants of, the jurisdictional area
14of the authority.
AB1-ASA1-AA26,6,1515 (e) “Municipality" means any city, village, or town.
AB1-ASA1-AA26,6,1816 (f) “Participating political subdivision" means a political subdivision that is a
17member of an authority, either from the time of creation of the authority or by later
18joining the authority.
AB1-ASA1-AA26,6,1919 (g) “Political subdivision" means a municipality or county.
AB1-ASA1-AA26,7,420 (h) “Transportation system" means all land, shops, structures, equipment,
21property, franchises, and rights of whatever nature required for transportation of
22passengers within the jurisdictional area of the authority and, only to the extent
23specifically authorized under this section, outside the jurisdictional area of the
24authority. “Transportation system" includes elevated railroads, subways,
25underground railroads, motor vehicles, motor buses, and any combination thereof,

1and any other form of mass transportation, but does not include transportation
2excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter
3or contract operations to, from, or between points that are outside the jurisdictional
4area of the authority.
AB1-ASA1-AA26,7,18 5(2) Creation of transit authorities. (k) Regional transit authority in
6Kenosha, Racine, Milwaukee, and Waukesha Counties
. 1. Except as provided in
7subds. 5. and 6., any 2 or more political subdivisions located in whole or in part within
8Kenosha, Racine, Milwaukee, and Waukesha Counties may join together to jointly
9create a public body corporate and politic and a separate governmental entity, known
10as a “regional transit authority," if the governing body of each such political
11subdivision adopts a resolution authorizing the political subdivision to become a
12member of the authority and all such resolutions are identical to each other.
13However, Milwaukee County may create an authority if the governing body of
14Milwaukee County adopts a resolution authorizing the creation of the authority.
15Except as provided in subd. 2. and sub. (13), once created, the members of the
16authority shall consist of all political subdivisions that adopt resolutions, as provided
17in this subdivision. Once created, the authority may transact business and exercise
18any powers granted to it under this section.
AB1-ASA1-AA26,8,219 2. Except as provided in subds. 5. and 6., after an authority is created under
20subd. 1., any political subdivision located in whole or in part within Kenosha, Racine,
21Milwaukee, or Waukesha County may join the authority if the governing body of the
22political subdivision adopts a resolution identical to the existing resolutions of the
23authority's participating political subdivisions or, if Milwaukee County is the only
24member of the authority, identical to the Milwaukee County board's existing

1resolution, and the authority's board of directors adopts a resolution allowing the
2political subdivision to join the authority.
AB1-ASA1-AA26,8,63 3. a. Except as provided in subd. 3. b. and c., the jurisdictional area of an
4authority created under this paragraph is the geographic area formed by the
5combined territorial boundaries of all participating political subdivisions of the
6authority.
AB1-ASA1-AA26,8,107 b. If the authority includes a county other than Milwaukee County as a
8participating political subdivision, the jurisdictional area of the authority includes
9only that portion of the county that is within the territorial boundaries of
10municipalities in the county that are also participating political subdivisions.
AB1-ASA1-AA26,8,1511 c. If a municipality that is a participating political subdivision of the authority
12is located in more than one county, the resolutions creating or joining the authority
13and the authority's bylaws may declare that, for purposes of the authority's
14jurisdictional area, the municipality's territorial boundaries are limited to only one
15of those counties.
AB1-ASA1-AA26,8,2316 4. If a political subdivision joins an authority under subd. 2. after it is created,
17the authority shall provide the department of revenue with a certified copy of the
18resolution that approves the joining and the resolution of the authority's board of
19directors allowing the political subdivision to join the authority. The political
20subdivision's joining of the authority shall take effect on the first day of the calendar
21quarter that begins at least 120 days after the department receives this information.
22The authority shall also provide the department with a description of the new
23boundaries of the authority's jurisdictional area, as provided under sub. (4) (s) 2.
AB1-ASA1-AA26,8,2524 5. A political subdivision may not create or join more than one authority under
25this paragraph.
AB1-ASA1-AA26,9,3
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-AA26,9,9 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-AA26,9,2110 (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-AA26,9,2422 (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-AA26,9,2525 1. The functions or services to be provided by the authority.
AB1-ASA1-AA26,10,1
12. The powers, duties, and limitations of the authority.
AB1-ASA1-AA26,10,32 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-AA26,10,54 4. The composition of the board of directors of the authority, as determined
5under par. (fg).
AB1-ASA1-AA26,10,66 5. For an authority created under sub. (2) (k), the name of the authority.
AB1-ASA1-AA26,10,9 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-AA26,10,1110 (a) Establish, maintain, and operate a comprehensive unified local
11transportation system primarily for the transportation of persons.
AB1-ASA1-AA26,10,1412 (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-AA26,10,1615 1. Operate and maintain it or lease it to an operator or contract for its use by
16an operator.
AB1-ASA1-AA26,10,1817 2. Contract for superintendence of the system with an organization that has
18personnel with the requisite experience and skill.
AB1-ASA1-AA26,10,2119 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-AA26,10,2322 4. Maintain and improve railroad rights-of-way and improvements on these
23rights-of-way for future use.
AB1-ASA1-AA26,10,2524 (c) Contract with a public or private organization to provide transportation
25services in lieu of directly providing these services.
AB1-ASA1-AA26,11,2
1(d) Purchase and lease transportation facilities to public or private transit
2companies that operate within and outside the jurisdictional area.
AB1-ASA1-AA26,11,43 (e) Apply for federal aids to purchase transportation facilities considered
4essential for the authority's operation.
AB1-ASA1-AA26,11,135 (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-AA26,11,1614 (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-AA26,11,1817 (h) Acquire property by condemnation using the procedure under s. 32.05 for
18the purposes set forth in this section.
AB1-ASA1-AA26,11,2519 (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-AA26,12,2
1(j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
2facilities, and services provided by the authority.
AB1-ASA1-AA26,12,43 (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-AA26,12,55 (L) Sue and be sued in its own name.
AB1-ASA1-AA26,12,66 (m) Have and use a corporate seal.
AB1-ASA1-AA26,12,97 (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-AA26,12,1110 (o) Incur debts, liabilities, or obligations including the borrowing of money and
11the issuance of bonds under subs. (7) and (10).
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