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.
(gc) Administration of transit authority taxes.
From the moneys 4
received from the appropriation account under s. 20.835 (4) (gc), the amounts in the 5
schedule for the purpose of administering the transit authority taxes imposed under 6
s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the 7
unencumbered balance in this appropriation account shall be transferred to the 8
appropriation account under s. 20.835 (4) (gc).”.
(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), 13
for the purpose of distribution to the transit authorities that adopt a resolution 14
imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues 15
collected under subch. V of ch. 77 shall be credited to the appropriation account under 16
s. 20.566 (1) (gc).”.
Any housing authority created under ss. 66.1201 to 66.1211; 22
redevelopment authority created under s. 66.1333; community development 23
authority created under s. 66.1335; local cultural arts district created under subch.
V of ch. 229, subject to s. 229.844 (4) (c); or
local exposition district created under 2
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 5
or a county highway committee when so authorized by the county board of 6
supervisors, a city council, a village board, a town board, a sewerage commission 7
governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, 8
the secretary of transportation, a commission created by contract under s. 66.0301, 9
a 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 11
exposition district created under subch. II of ch. 229, a local cultural arts district 12
created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a 13
community development authority under s. 66.1335 shall make an order providing 14
for the laying out, relocation and improvement of the public highway, street, alley, 15
storm and sanitary sewers, watercourses, water transmission and distribution 16
facilities, mass transit facilities, airport, or other transportation facilities, gas or 17
leachate extraction systems to remedy environmental pollution from a solid waste 18
disposal facility, housing project, redevelopment project, cultural arts facilities, 19
exposition center or exposition center facilities which shall be known as the 20
relocation order. This order shall include a map or plat showing the old and new 21
locations and the lands and interests required. A copy of the order shall, within 20 22
days after its issue, be filed with the county clerk of the county wherein the lands are 23
located or, in lieu of filing a copy of the order, a plat may be filed or recorded in 24
accordance with s. 84.095.
The petitioner shall determine necessity if application is by the state 2
or any commission, department, board or other branch of state government or by a 3
city, village, town, county, school district, board, commission, public officer, 4
commission created by contract under s. 66.0301, joint local water authority under 5
s. 66.0823, transit authority created under s. 66.1039,
redevelopment authority 6
created under s. 66.1333, local exposition district created under subch. II of ch. 229, 7
local cultural arts district created under subch. V of ch. 229, housing authority 8
created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 9
feet in width, for a telegraph, telephone or other electric line, for the right-of-way 10
for a gas pipeline, main or service or for easements for the construction of any 11
elevated structure or subway for railroad purposes.
“Employer" means the state, including each state agency, any 14
county, city, village, town, school district, other governmental unit or 15
instrumentality of 2 or more units of government now existing or hereafter created 16
within the state, any federated public library system established under s. 43.19 17
whose territory lies within a single county with a population of 500,000 or more, a 18
local 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 20
provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local 21
cultural arts district created under subch. V of ch. 229. Each employer shall be a 22
separate legal jurisdiction for OASDHI purposes.”.
(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, 3
village, town, county, or school district, the opportunity schools and partnership 4
programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of 5
schools opportunity schools and partnership program under s. 119.33, or any public 6
library system, public inland lake protection and rehabilitation district, sanitary 7
district, farm drainage district, metropolitan sewerage district, sewer utility district, 8
solid waste management system created under s. 59.70 (2), local exposition district 9
created under subch. II of ch. 229, local professional baseball park district created 10
under subch. III of ch. 229, local professional football stadium district created under 11
subch. 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, 13
water utility district, mosquito control district, municipal electric company, county 14
or city transit commission, commission created by contract under this section, 15
taxation district, regional planning commission, housing authority created under s. 16
66.1201, redevelopment authority created under s. 66.1333, community 17
development authority created under s. 66.1335, or city-county health department.
(d) “Local governmental unit" means a political subdivision of this 20
state, a special purpose district in this state, an instrumentality or corporation of 21
such a political subdivision or special purpose district, a combination or subunit of 22
any 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.
166.1039 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 4
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 11
transportation system that is comprised of motor bus lines and any other local public 12
transportation facilities, the major portion of which is located within, or the major 13
portion of the service of which is supplied to the inhabitants of, the jurisdictional area 14
of the authority.
(e) “Municipality" means any city, village, or town.
(f) “Participating political subdivision" means a political subdivision that is a 17
member of an authority, either from the time of creation of the authority or by later 18
joining the authority.
(g) “Political subdivision" means a municipality or county.
(h) “Transportation system" means all land, shops, structures, equipment, 21
property, franchises, and rights of whatever nature required for transportation of 22
passengers within the jurisdictional area of the authority and, only to the extent 23
specifically authorized under this section, outside the jurisdictional area of the 24
authority. “Transportation system" includes elevated railroads, subways, 25
underground railroads, motor vehicles, motor buses, and any combination thereof,
and any other form of mass transportation, but does not include transportation 2
excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter 3
or contract operations to, from, or between points that are outside the jurisdictional 4
area of the authority.
5(2) Creation of transit authorities.
(k) Regional transit authority in
6Kenosha, Racine, Milwaukee, and Waukesha Counties
. 1. Except as provided in 7
subds. 5. and 6., any 2 or more political subdivisions located in whole or in part within 8
Kenosha, Racine, Milwaukee, and Waukesha Counties may join together to jointly 9
create a public body corporate and politic and a separate governmental entity, known 10
as a “regional transit authority," if the governing body of each such political 11
subdivision adopts a resolution authorizing the political subdivision to become a 12
member of the authority and all such resolutions are identical to each other. 13
However, Milwaukee County may create an authority if the governing body of 14
Milwaukee County adopts a resolution authorizing the creation of the authority. 15
Except as provided in subd. 2. and sub. (13), once created, the members of the 16
authority shall consist of all political subdivisions that adopt resolutions, as provided 17
in this subdivision. Once created, the authority may transact business and exercise 18
any powers granted to it under this section.
2. Except as provided in subds. 5. and 6., after an authority is created under 20
subd. 1., any political subdivision located in whole or in part within Kenosha, Racine, 21
Milwaukee, or Waukesha County may join the authority if the governing body of the 22
political subdivision adopts a resolution identical to the existing resolutions of the 23
authority's participating political subdivisions or, if Milwaukee County is the only 24
member of the authority, identical to the Milwaukee County board's existing
resolution, and the authority's board of directors adopts a resolution allowing the 2
political subdivision to join the authority.
3. a. Except as provided in subd. 3. b. and c., the jurisdictional area of an 4
authority created under this paragraph is the geographic area formed by the 5
combined territorial boundaries of all participating political subdivisions of the 6
b. If the authority includes a county other than Milwaukee County as a 8
participating political subdivision, the jurisdictional area of the authority includes 9
only that portion of the county that is within the territorial boundaries of 10
municipalities in the county that are also participating political subdivisions.
c. If a municipality that is a participating political subdivision of the authority 12
is located in more than one county, the resolutions creating or joining the authority 13
and the authority's bylaws may declare that, for purposes of the authority's 14
jurisdictional area, the municipality's territorial boundaries are limited to only one 15
of those counties.
4. If a political subdivision joins an authority under subd. 2. after it is created, 17
the authority shall provide the department of revenue with a certified copy of the 18
resolution that approves the joining and the resolution of the authority's board of 19
directors allowing the political subdivision to join the authority. The political 20
subdivision's joining of the authority shall take effect on the first day of the calendar 21
quarter that begins at least 120 days after the department receives this information. 22
The authority shall also provide the department with a description of the new 23
boundaries of the authority's jurisdictional area, as provided under sub. (4) (s) 2.
5. A political subdivision may not create or join more than one authority under 25
6. A county other than Milwaukee County may not create or join an authority 2
under this paragraph unless a municipality located in whole or in part within the 3
county is a participating political subdivision in the authority.
4(3) Transit authority governance.
(a) The powers of an authority shall be 5
vested in its board of directors. Directors shall be elected to 4-year terms. A majority 6
of the board of directors' full authorized membership constitutes a quorum for the 7
purpose of conducting the authority's business and exercising its powers. Action may 8
be taken by the board of directors upon a vote of a majority of the directors present 9
and voting, unless the bylaws of the authority require a larger number.
(fg) If an authority is created under sub. (2) (k), the resolutions creating the 11
authority under sub. (2) (k) 1. shall include identical provisions specifying the 12
number and composition of the authority's board of directors. However, if Milwaukee 13
County is the only member of the authority, the Milwaukee County board's resolution 14
shall specify the number and composition of the authority's board of directors. If a 15
political subdivision joins an authority after its creation, the resolution joining the 16
authority under sub. (2) (k) 2. shall specify what the number and composition of the 17
authority's board of directors will be after the political subdivision's joinder, and all 18
political subdivisions that are participating political subdivisions of the authority at 19
the time of the new political subdivision's joinder shall amend or modify their 20
resolutions creating or joining the authority to make them identical to the resolution 21
of the newly joining municipality.
(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. (fg).
5. For an authority created under sub. (2) (k), the name of the authority.
Notwithstanding s. 59.84 (2) and any other provision of this 8
chapter or ch. 59 or 85, an authority may do all of the following, to the extent 9
authorized in the authority's bylaws:
(a) Establish, maintain, and operate a comprehensive unified local 11
transportation system primarily for the transportation of persons.
(b) Acquire a comprehensive unified local transportation system and provide 13
funds for the operation and maintenance of the system. Upon the acquisition of a 14
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 16
2. Contract for superintendence of the system with an organization that has 18
personnel with the requisite experience and skill.
3. Delegate responsibility for the operation and maintenance of the system to 20
an appropriate administrative officer, board, or commission of a participating 21
4. Maintain and improve railroad rights-of-way and improvements on these 23
rights-of-way for future use.
(c) Contract with a public or private organization to provide transportation 25
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) (k) may not 23
impose the taxes authorized under subd. 1. unless the authorizing resolution or 24
resolutions under sub. (2) (k) 1. and, if applicable, sub. (2) (k) 2., each clearly
identifies the maximum rate of the taxes that may be imposed by the authority under 2
4. If an authority created under sub. (2) (k) 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.