Amendment ASA1-AB723

AB723-ASA1,14,13 (a) Except as used in par. (c), "authority" means the Milwaukee Transit Authority created under this section.

AB723-ASA1,14,14 (b) "KRM commuter rail line" has the meaning given in s. 59.58 (7) (a) 3.

AB723-ASA1,14,16 (c) "Southeastern regional transit authority" means the southeastern regional transit authority created under s. 59.58 (7).

AB723-ASA1,14,21 (2) Creation. There is created a Milwaukee Transit Authority, a public body corporate and politic and a separate governmental entity. The authority may transact business and exercise any powers granted to it under this section. The jurisdictional area of this authority is the geographic area formed by the territorial boundaries of Milwaukee County.

AB723-ASA1,15,2 (3) Governance. (a) The powers of the authority shall be vested in its board of directors. Directors shall be appointed for 2-year terms. 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.

AB723-ASA1,15,3 (b) The board of directors of the authority consists of the following members:

AB723-ASA1,15,5 1. Two members from the authority's jurisdictional area, appointed by the Milwaukee County board chairperson.

AB723-ASA1,15,8 2. 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.

AB723-ASA1,15,9 3. One member, appointed by the mayor of the city of Milwaukee.

AB723-ASA1,15,11 4. One member from the authority's jurisdictional area, appointed by the governor.

AB723-ASA1,15,13 (c) The bylaws of the authority shall govern its management, operations, and administration, consistent with the provisions of this section.

AB723-ASA1,15,19 (4) Powers. (a) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, but subject to sub. (7), the authority and the Milwaukee County board shall contract for the authority to provide, beginning on January 1, 2011, transit service and transit planning in Milwaukee County. The authority shall have all powers necessary and convenient to carry out this purpose. The authority's powers shall be limited to those specified in this section.

AB723-ASA1,15,20 (b) The authority may receive the tax revenues authorized under s. 77.70 (2).

AB723-ASA1,15,24 (c) If the authority acquires assets from Milwaukee County, the authority shall reimburse Milwaukee County for its investment in those assets, minus depreciation on the assets at the time of transfer and any amount of federal funds invested in the assets.

AB723-ASA1,16,6 (5) Budgets; revenues; audit. The board of directors of the authority shall annually prepare a budget for the authority. Revenues of the authority shall be used only for the expenses and specific purposes of the authority. The authority shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements audited annually by an independent certified public accountant.

AB723-ASA1,16,11 (6) Other statutes. This section does not limit the powers of political subdivisions to enter into intergovernmental cooperation or contracts or to establish separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or otherwise to carry out their powers under applicable statutory provisions. Section 66.0803 (2) does not apply to the authority.

AB723-ASA1,16,18 (7) Sunset and transition. (a) Upon approval by the federal transit administration in the U.S. department of transportation of an application under the federal new starts grant program for funding for the KRM commuter rail line, the authority shall begin the process of winding down and dissolving, including taking those actions specified in par. (b), and shall complete this process no later than 120 days after the date of the approval. The authority terminates on the 120th day after the date of the approval.

AB723-ASA1,16,24 (b) Upon approval of an application as described in par. (a) and the winding down and dissolution of the authority under this subsection, the southeastern regional transit authority shall become the successor to the authority. The board of directors of the authority shall assist in good faith in the transition from the authority to the southeastern regional transit authority. As part of the authority's winding down process, all of the following shall occur:

AB723-ASA1,17,2 1. The assets and liabilities of the authority shall become the assets and liabilities of the southeastern regional transit authority.

AB723-ASA1,17,4 2. All tangible personal property, including records, of the authority shall be transferred to the southeastern regional transit authority.

AB723-ASA1,17,10 3. All contracts entered into by the authority, in effect at the time of winding down the authority, remain in effect and are transferred to the southeastern regional transit authority. The southeastern regional transit authority shall carry out any obligations under such a contract until the contract is modified or rescinded by the southeastern regional transit authority to the extent allowed under the contract. This subdivision does not apply to the contract specified in par. (c).

AB723-ASA1,17,16 (c) The contract between the authority and the Milwaukee County board under sub. (4) shall require that, as part of the winding down and dissolution of the authority under this subsection, the contract will terminate and responsibility for providing transit service and transit planning in Milwaukee County will thereafter be assumed by the southeastern regional transit authority under s. 59.58 (7) (m) and (n).

AB723-ASA1, s. 29 Section 29. 70.11 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,18,9 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0823, transit authority created under s. 59.58 (7), 66.1038, or 66.1039, long-term care district under s. 46.2895 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

AB723-ASA1, s. 30 Section 30. 71.26 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,18,16 71.26 (1) (b) Political units. Income received by the United States, the state and all counties, cities, villages, towns, school districts, technical college districts, joint local water authorities created under s. 66.0823, transit authorities created under s. 59.58 (7), 66.1038, or 66.1039, long-term care districts under s. 46.2895 or other political units of this state.

AB723-ASA1, s. 31 Section 31. 74.09 (3) (gd) of the statutes is created to read:

AB723-ASA1,18,21 74.09 (3) (gd) For Milwaukee County, if it imposes a sales and use tax under s. 77.70 (2), indicate the amount of the reduction in property taxes associated with the requirement under s. 77.70 (2) to remove transit expenditures from the property tax levy.

AB723-ASA1, s. 32 Section 32. 77.54 (9a) (er) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,18,25 77.54 (9a) (er) Any transit authority created under s. 59.58 (7), 66.1038, or 66.1039.

AB723-ASA1, s. 33 Section 33. 77.70 (2) of the statutes is created to read:

AB723-ASA1,19,16 77.70 (2) In addition to the taxes imposed under sub. (1), Milwaukee County may adopt an ordinance to impose a sales and use tax under this subchapter at the rate of 0.5 percent of the sales price or purchase price. The taxes may be imposed only in their entirety. If Milwaukee County imposes the taxes under this subsection, it shall not levy property taxes for transit purposes. If Milwaukee County imposes the taxes under this subsection, it shall distribute the tax revenue to the Milwaukee Transit Authority created under s. 66.1038, except that, upon approval of an application as described in s. 66.1038 (7) (a), it shall distribute the tax revenue to the southeastern regional transit authority created under s. 59.58 (7). An ordinance adopted under this subsection shall be effective on the first day of January, the first day of April, the first day of July, or the first day of October. A certified copy of that ordinance shall be delivered to the secretary of revenue at least 120 days prior to its effective date. The repeal of any such ordinance shall be effective on December 31. A certified copy of a repeal ordinance shall be delivered to the secretary of revenue at least 120 days before the effective date of the repeal.

AB723-ASA1, s. 34 Section 34. 85.063 (3) (b) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,19,23 85.063 (3) (b) 1. Upon completion of a planning study under sub. (2), or, to the satisfaction of the department, of a study under s. 85.022, a political subdivision in a county, or a transit authority created under s. 66.1039, or the southeastern regional transit authority under s. 59.58 (7), that includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.

AB723-ASA1, s. 35 Section 35. 85.20 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,20,9 85.20 (4m) (a) (intro.) The department shall pay annually to the eligible applicant described in subd. 6. cm. the amount of aid specified in subd. 6. cm. The department shall pay annually to the eligible applicant described in subd. 6. d. the amount of aid specified in subd. 6. d. The department shall allocate an amount to each eligible applicant described in subd. 6. e., 6. f., 7., or 8. to ensure that the sum of state and federal aids for the projected operating expenses of each eligible applicant's urban mass transit system is equal to a uniform percentage, established by the department, of the projected operating expenses of the mass transit system for the calendar year. The department shall make allocations as follows:

AB723-ASA1, s. 36 Section 36. 85.20 (4m) (a) 6. e. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,20,16 85.20 (4m) (a) 6. e. From the appropriation under s. 20.395 (1) (hw), the department may pay the uniform percentage for each eligible applicant for a planned commuter or light rail system that has been enumerated under s. 85.062 (3). An eligible applicant may not receive aid under subd. 6. cm. or d., 7., or 8. for a commuter rail or light rail transit system.

AB723-ASA1, s. 37 Section 37. 85.20 (4m) (a) 6. f. of the statutes is created to read:

AB723-ASA1,20,20 85.20 (4m) (a) 6. f. From the appropriation under s. 20.395 (1) (hy), the department may pay the uniform percentage for each eligible applicant for making payments under s. 59.58 (7) (L).

AB723-ASA1, s. 38 Section 38. 85.20 (4s) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,21,2 85.20 (4s) Payment of aids under the contract. The contracts executed between the department and eligible applicants under this section shall provide that the payment of the state aid allocation under sub. (4m) (a) for the last quarter of the state's fiscal year shall be provided from the following fiscal year's appropriation under s. 20.395 (1) (hr), (hs), (ht), (hu), or (hw) , or (hy).

AB723-ASA1, s. 39 Section 39. 111.70 (1) (j) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,21,12 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7), 66.1038, or 66.1039, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.

AB723-ASA1, s. 40 Section 40. 345.05 (1) (ag) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,21,16 345.05 (1) (ag) "Authority" means a transit authority created under s. 66.1038 or 66.1039 and the southeastern regional transit authority under s. 59.58 (7).

AB723-ASA1, s. 41 Section 41. 611.11 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723-ASA1,21,21 611.11 (4) (a) In this subsection, "municipality" has the meaning given in s. 345.05 (1) (c), but also includes any transit authority created under s. 66.1038 or 66.1039 and the southeastern regional transit authority under s. 59.58 (7).

AB723-ASA1,21,22 (End)