Amendment ASA1-AB282

AB282-ASA1,27,2 66.1039 (3) (e) If an authority is created under sub. (2) (d), the resolutions creating the authority under sub. (2) (d) 1. shall include identical provisions specifying the number and composition of the authority's board of directors. If a municipality joins an authority after its creation, the resolution joining the authority under sub. (2) (d) 2. or 3. shall specify what the number and composition of the authority's board of directors will be after the municipality's joinder, and all municipalities that are participating political subdivisions of the authority at the time of the new municipality's joinder shall amend or modify their resolutions creating or joining the authority to make them identical to the resolution of the newly joining municipality.

AB282-ASA1, s. 36 Section 36. 66.1039 (3) (g) 4. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,27,6 66.1039 (3) (g) 4. The composition of the board of directors of the authority, as determined under par. (d), (e), or (f).

AB282-ASA1, s. 37 Section 37. 66.1039 (4) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,27,12 66.1039 (4) Powers. (intro.) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority may do all of the following, except that, if the authority is created under sub. (2), the authority may do all of the following only to the extent authorized in the authority's bylaws:

AB282-ASA1, s. 38 Section 38. 66.1039 (4) (b) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,27,18 66.1039 (4) (b) (intro.) Acquire If the authority is created under sub. (2), acquire a comprehensive unified local transportation system and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transportation system, the authority may:

AB282-ASA1, s. 39 Section 39. 66.1039 (4) (bm) of the statutes is created to read:

AB282-ASA1,27,24 66.1039 (4) (bm) If the authority is created under sub. (2g), acquire a comprehensive unified local transportation system by purchase, condemnation under s. 32.05, or otherwise and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transit system, the authority may:

AB282-ASA1,28,2 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

AB282-ASA1,28,4 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

AB282-ASA1,28,7 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

AB282-ASA1,28,10 4. Work with the department of transportation to maintain and improve railroad rights-of-way and improvements on these rights-of-way for future transit use.

AB282-ASA1, s. 40 Section 40. 66.1039 (4) (e) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,28,15 66.1039 (4) (e) Apply If the authority is created under sub. (2), apply for federal aids to purchase transportation facilities considered essential for the authority's operation.

AB282-ASA1, s. 41 Section 41. 66.1039 (4) (em) of the statutes is created to read:

AB282-ASA1,28,18 66.1039 (4) (em) If the authority is created under sub. (2g), apply for federal or other aids to purchase transit facilities or operate a transit system.

AB282-ASA1, s. 42 Section 42. 66.1039 (4) (f) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,29,5 66.1039 (4) (f) Coordinate If the authority is created under sub. (2), coordinate specialized transportation services, as defined in s. 85.21 (2) (g), for residents who reside within the jurisdictional area and who are disabled or aged 60 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and 42 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds administered by the county. An authority created under sub. (2) may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but such an authority is not an eligible applicant under s. 85.21 (2) (e) and may not receive payments directly from the department of transportation under s. 85.21.

AB282-ASA1, s. 43 Section 43. 66.1039 (4) (fm) of the statutes is created to read:

AB282-ASA1,29,15 66.1039 (4) (fm) If the authority is created under sub. (2g), coordinate, provide, or assist in providing specialized transportation services, as defined in s. 85.21 (2) (g), for individuals who are disabled or aged 60 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and 42 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds administered by the county. An authority created under sub. (2g) may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but such an authority is not an eligible applicant under s. 85.21 (2) (e) and may not receive payments directly from the department of transportation under s. 85.21.

AB282-ASA1, s. 44 Section 44. 66.1039 (4) (s) 5. of the statutes is created to read:

AB282-ASA1,29,22 66.1039 (4) (s) 5. Notwithstanding subd. 1., an authority created under sub. (2) (d) may not impose the taxes authorized under subd. 1. unless the authorizing resolutions under sub. (2) (d) 1. and, if applicable, sub. (2) (d) 2. and 3., as well as the referendum 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 imposed by the authority under subd. 1.

AB282-ASA1, s. 45 Section 45. 66.1039 (4) (s) 6. of the statutes is created to read:

AB282-ASA1,30,5 66.1039 (4) (s) 6. If an authority created under sub. (2) (d) adopts a resolution to impose the taxes under subd. 1., no political subdivision that is a member of the authority may levy property taxes for transit purposes in excess of the amount of property taxes levied for transit purposes in the year before the year in which the taxes are imposed under subd. 1., less an amount, if a positive number, that is equal to the taxes collected under subd. 1., minus the amount of federal funding for transit purposes that the political subdivision last received.

AB282-ASA1, s. 46 Section 46. 66.1039 (4) (s) 7. of the statutes is created to read:

AB282-ASA1,30,12 66.1039 (4) (s) 7. Notwithstanding subd. 1., an authority created under sub. (2g) may not impose the taxes authorized under subd. 1. unless the authorizing resolutions under sub. (2g) (b) and, if applicable, sub. (2g) (c), as well as the referendum question on the referendum ballot specified in sub. (2g) (e), each clearly identifies the maximum rate of the taxes that may be imposed by the authority under subd. 1.

AB282-ASA1, s. 47 Section 47. 66.1039 (5) (a) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,30,22 66.1039 (5) (a) Notwithstanding sub. (4) (a), (b), (c), (d), (q), and (r), no authority, and no public or private organization with which an authority has contracted for service, may provide service outside the jurisdictional area of the authority unless the authority receives financial support for the service under a contract with a public or other private organization for the service or unless it is necessary in order to provide service to connect residents within the authority's jurisdictional area to transit systems in adjacent counties. This paragraph applies only with respect to an authority created under sub. (2).

AB282-ASA1, s. 48 Section 48. 66.1039 (5) (d) of the statutes is created to read:

AB282-ASA1,30,25 66.1039 (5) (d) An authority created under sub. (2g) must revise its transit plan under sub. (2g) (d) 11. at least once every 5 years.

AB282-ASA1, s. 49 Section 49. 66.1039 (6) (a) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,31,8 66.1039 (6) (a) An authority acquiring a comprehensive unified local transportation system for the purpose of the authority's operation of the system, or if the authority is created under sub. (2g) for the purpose of the authority's operation or superintendence of the system, shall assume all of the employer's obligations under any contract between the employees and management of the system to the extent allowed by law.

AB282-ASA1, s. 50 Section 50. 66.1039 (7) (d) of the statutes is created to read:

AB282-ASA1,31,14 66.1039 (7) (d) Except with respect to refunding bonds under sub. (10), bond proceeds may be used only for capital expenditures related to the acquisition of transportation system equipment having a useful life of at least 5 years. This paragraph does not apply to expenditures made for the acquisition of all or part of an existing transportation system.

AB282-ASA1, s. 51 Section 51. 66.1039 (9) (g) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,31,20 66.1039 (9) (g) Covenant Subject to sub. (7) (d) with respect to an authority created under sub. (2g), covenant as to the purposes to which the proceeds from the sale of any bonds may be applied, and as to the pledge of such proceeds to secure the payment of the bonds.

AB282-ASA1, s. 52 Section 52. 66.1039 (13) (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,32,3 66.1039 (13) Withdrawal from authority certain authorities. (intro.) A participating political subdivision that becomes a member of an authority under sub. (2) (c) 4. shall withdraw from the authority if the county in which the municipality is located withdraws from the authority under this subsection and a participating political subdivision that joined an authority under sub. (2) (b) 3., (c) 3., (d) 2. or 3., or (e) 2. may withdraw from an authority if all of the following conditions are met:

AB282-ASA1, s. 53 Section 53. 66.1039 (13m) of the statutes is created to read:

AB282-ASA1,32,7 66.1039 (13m) Withdrawal from other authorities. (a) A participating political subdivision may withdraw from an authority created under sub. (2g) if all of the following conditions are met:

AB282-ASA1,32,10 1. The governing body of the political subdivision adopts a resolution by a majority vote of the members of the governing body requesting withdrawal of the political subdivision from the authority.

AB282-ASA1,32,13 2. The political subdivision has paid, or made provision for the payment of, all obligations of the political subdivision to the authority, including its obligations relative to any outstanding bonds issued by the authority.

AB282-ASA1,32,18 3. Any tax authorized under sub. (4) (s) that is levied by the authority within the political subdivision continues to be levied for the period of time for which the authority has authorized the tax in a resolution imposing the tax under sub. (4) (s) if such a resolution specifies a time period for the tax or until the effective date of a tax repeal resolution under sub. (4) (s), whichever occurs first.

AB282-ASA1,33,8 (b) Unless an earlier date for the termination of the provision of transit services has been agreed upon by the withdrawing political subdivision and the authority, if a political subdivision has withdrawn from an authority as provided in par. (a), the political subdivision shall continue to receive services from the authority, in the same manner and to the same extent as those provided to the remaining participating political subdivisions, for so long as the tax continues to be levied as provided in par. (a) 3. Nothing in this paragraph prohibits an authority created under sub. (2g) from changing the manner and extent to which it provides services, including in the withdrawing political subdivision, as long as the services provided in the withdrawing political subdivision remain comparable to those provided in the remaining political subdivisions while the tax continues to be levied in the withdrawing political subdivision. The remaining political subdivisions may choose to increase the tax under sub. (4) (s) and are not required to extend the additional services provided by such additional tax to the withdrawing political subdivision if the additional tax is not also collected in the withdrawing political subdivision.

AB282-ASA1,33,13 (c) If a political subdivision has withdrawn from an authority as provided in par. (a), the articles of incorporation of the authority shall be amended to reflect the withdrawal of the political subdivision and this amendment shall be filed and published, in the same manner as a resolution, by the withdrawing political subdivision and each participating political subdivision.

AB282-ASA1,33,15 (d) Withdrawal of a political subdivision from an authority is subject to the resolution provisions specified in sub. (2g) (d) 12.

AB282-ASA1,33,19 (e) If a political subdivision withdraws from an authority under this subsection, the authority shall provide the department of revenue with notice of the withdrawal and information describing the exact boundaries of the authority's jurisdictional area, as provided in sub. (4) (s) 2., following the withdrawal.

AB282-ASA1, s. 54 Section 54. 66.1039 (14) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,33,24 66.1039 (14) Duty to provide transit service. An authority created under sub. (2) shall provide, or contract for the provision of, transit service within the authority's jurisdictional area.

AB282-ASA1, s. 55 Section 55. 66.1039 (15) of the statutes is created to read:

AB282-ASA1,34,12 66.1039 (15) Dissolution of certain authorities. An authority created under sub. (2g) may be dissolved if the authority adopts a resolution dissolving the authority. Dissolution of an authority is subject to the resolution provisions specified in sub. (2g) (d) 12. Dissolution of an authority may not occur until all outstanding indebtedness of the authority has been paid and all unexpended funds returned to the participating political subdivisions that supplied them, or until adequate provision has been made for the outstanding indebtedness or unexpended funds. An authority may not be dissolved so long as it has bonds outstanding, unless provision for full payment of such bonds, by escrow or otherwise, has been made pursuant to the terms of the bonds or the resolution, trust indenture, or security instrument securing the bonds. The authority shall notify the department of revenue of the authority's dissolution at least 120 days before the dissolution's effective date.

AB282-ASA1, s. 56 Section 56. 66.1041 of the statutes is created to read:

AB282-ASA1,34,15 66.1041 Interim regional transit authorities. (1) Definitions. In this section:

AB282-ASA1,34,17 (a) Except as used in par. (g), "authority" means an interim regional transit authority created under this section.

AB282-ASA1,34,21 (b) "Comprehensive unified local transit system" means a transit system that is comprised of motor bus lines and any other local public transit facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

AB282-ASA1,34,22 (c) "Department" means the department of transportation.

AB282-ASA1,34,23 (d) "Municipality" means any city, village, or town.

AB282-ASA1,35,3 (e) "Participating political subdivision" means a political subdivision that has adopted a resolution creating an authority or joining an established authority under this section.

AB282-ASA1,35,4 (f) "Political subdivision" means a municipality or county.

AB282-ASA1,35,6 (g) "Southeastern regional transit authority" means the southeastern regional transit authority created under s. 59.58 (7).

AB282-ASA1,35,9 (h) "Southeast Wisconsin" means the geographical area comprising the counties of Kenosha, Milwaukee, Ozaukee, Washington, Racine, Walworth and Waukesha.

AB282-ASA1,35,19 (i) "Transit system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transit of passengers within the jurisdictional area of the authority and outside the jurisdictional area of the authority. "Transit system" includes motor buses, fixed guideway transit, ridesharing, specialized transportation, motor vehicles, elevated railroads, subways, underground railroads, and any combination thereof, and any other form of mass transit, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1), charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority, or travel by aircraft flight.

AB282-ASA1,36,2 (2) Creation of authority. (a) Subject to pars. (e) and (f), the governing body of a political subdivision in southeast Wisconsin may, by resolution, create an authority consisting of the political subdivision or may join together with one or more other political subdivisions to jointly create, by adopting identical resolutions, an authority. An authority created under this section is a public body corporate and politic and shall be known as an "interim regional transit authority." The authority may transact business and exercise any powers granted to it under this section.

AB282-ASA1,36,13 (b) 1. Subject to par. (f), and except as provided in subd. 2., if an authority has been created under par. (a), a political subdivision may join the authority if the governing body of the political subdivision adopts a resolution identical to the existing resolutions of the authority's participating political subdivisions or, if the authority is created by a single political subdivision, identical to the existing resolution of the authority's participating political subdivision, and if the authority's board of directors adopts a resolution allowing the political subdivision to join the authority. For purposes of determining whether a resolution adopted under this subdivision is identical to an existing resolution of the authority, both the resolutions adopted under par. (a) to create the authority and any modifications to those resolutions under par. (g) shall be considered.

AB282-ASA1,36,22 2. The resolution of a political subdivision adopted under subd. 1. may differ from each existing resolution by specifying what the composition of the authority's board of directors will be after the political subdivision has joined the authority, but this resolution must be consistent with the authority's bylaws as described in sub. (3) (b) 3. If the authority's board of directors thereafter adopts a resolution allowing the political subdivision to join the authority, the board of directors thereby agrees to the new composition of the authority's board of directors specified in the resolution of the joining political subdivision and any existing resolution is considered modified under par. (g) 2. to reflect this new board composition.

AB282-ASA1,36,24 (c) Any resolution creating an authority under par. (a) or joining an authority under par. (b) shall specify all of the following:

AB282-ASA1,37,3 1. Subject to sub. (3) (b), the composition of the authority's board of directors and other matters relating to the selection, terms, and duties of the board of directors.

AB282-ASA1,37,6 2. All revenue sources on which the authority will rely for funding and the minimum amount of revenue that the authority will commit to satisfy the revenue requirements for the authority specified in this section.

AB282-ASA1,37,10 (d) The jurisdictional area of an authority is the geographic area formed by the combined territorial boundaries of all participating political subdivisions of the authority. If the authority includes a county as a participating political subdivision, the jurisdictional area of the authority is the territorial boundaries of the county.

AB282-ASA1,37,11 (e) An authority may be created under par. (a) only if all of the following apply:

AB282-ASA1,37,14 1. At least one of the political subdivisions creating the authority operated a transit system receiving funding under s. 85.20 on the effective date of this subdivision .... [LRB inserts date].

AB282-ASA1,37,21 2. The political subdivision or political subdivisions creating the authority commit to provide funding for the authority, upon creation, in an amount of at least the political subdivision's property tax levy contribution to transit as of one year prior to the effective date of this subdivision .... [LRB inserts date], and also make a commitment that the authority, after creation, will meet the revenue requirements specified in sub. (6) through one or more of the revenue sources identified in par. (c) 2.

AB282-ASA1,37,23 (f) An authority may not include more than one county. An authority may not include municipalities located in different counties.

AB282-ASA1,38,4 (g) 1. Subject to subds. 2. and 3., if an authority has been created under this subsection, the participating political subdivisions of the authority may amend or modify their resolutions creating or joining the authority if, after any amendment or modification, the resolutions of all participating political subdivisions of the authority remain identical and continue to satisfy the requirements under this subsection.

AB282-ASA1,38,15 2. If a political subdivision joins an authority under par. (b), the participating political subdivisions of the authority may amend or modify their existing resolutions to accomplish any changes necessary to reflect the addition of the new political subdivision to the authority, including any changes to the composition of the authority's board of directors. In lieu of expressly amending or modifying their existing resolutions, the participating political subdivisions of the authority may also effect changes to the composition of the authority's board of directors, in connection with the addition of a new political subdivision to the authority, by means of the approval process specified in par. (b) 2., in which case the existing resolutions of the participating political subdivisions are considered modified to reflect the new composition of the authority's board of directors.

AB282-ASA1,38,23 3. In lieu of expressly amending or modifying the existing resolutions of the participating political subdivisions of an authority to reflect changes in the rate of, or amount from, any revenue sources specified in par. (c) 2. or in the minimum amount of revenue specified in par. (c) 2., these changes may be made by a vote of the authority's board of directors if, after the changes, the authority continues to satisfy the revenue requirements specified in sub. (6). After such a vote, the existing resolutions of the participating political subdivisions are considered modified to reflect these changes.

AB282-ASA1,39,4 (3) Governance of authority. (a) The powers of an authority shall be vested in its board of directors. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB282-ASA1,39,7 (b) The board of directors of an authority shall be determined as provided in resolutions creating the authority under sub. (2) (a) or joining an existing authority under sub. (2) (b) except that all of the following shall apply:

AB282-ASA1,39,9 1. The board of directors shall consist of at least 5 members and not more than 9 members.

AB282-ASA1,39,11 2. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.

AB282-ASA1,39,14 3. Subject to subds. 1. and 2., the bylaws of the authority shall specify a procedure and guidelines for changing board membership upon the joinder of a political subdivision under sub. (2) (b).

AB282-ASA1,39,16 4. Notwithstanding subds. 1. to 3., the board of directors of an authority that includes Milwaukee County shall consist of the following members:

AB282-ASA1,39,18 a. Two members from the authority's jurisdictional area, appointed by the Milwaukee County board chairperson.

AB282-ASA1,39,21 b. One member from that portion of the authority's jurisdictional area that is outside the city of Milwaukee, appointed by the Milwaukee County board chairperson.

AB282-ASA1,39,22 c. One member, appointed by the mayor of the city of Milwaukee.

AB282-ASA1,39,24 d. One member from the authority's jurisdictional area, appointed by the governor.

AB282-ASA1,40,3 (4) Authority powers and duties. (a) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority shall do all of the following:

AB282-ASA1,40,7 1. Provide, or contract with existing transit providers for the provision of, transit service within the authority's jurisdictional area, except that an authority that includes Milwaukee County shall contract with the Milwaukee County board for the authority to provide transit service in Milwaukee County.