AB939: Bill Text

AB939,10,19 (e) "Fixed-route transit system" means a mass transit system providing passenger rail, commuter rail, light rail, or trolley service or otherwise providing mass transit service on a fixed guideway or dedicated right-of-way, but does not include bus service in dedicated highway lanes.

AB939,10,22 (f) 1. Except as provided in subd. 2., "jurisdictional area" means the geographic area formed by the combined territorial boundaries of all participating political subdivisions.

AB939,11,2 2. For a participating political subdivision that is a county, "jurisdictional area" includes only that portion of the county that is within the territorial boundaries of municipalities in the county that are also participating political subdivisions except that, for a county containing a 1st class city, "jurisdictional area" includes the entire geographic area formed by the territorial boundaries of that county.

AB939,11,4 (g) "Municipality" means any city, village, or town except a city, village, or town located in a county containing a 1st class city.

AB939,11,7 (h) "Participating political subdivision" means a political subdivision that has adopted a resolution creating an authority or joining an established authority under this section.

AB939,11,8 (i) "Political subdivision" means a municipality or county.

AB939,11,18 (j) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.

AB939,12,2 (2) Creation of transit authorities. (a) Subject to pars. (g) to (i), the governing body of a political subdivision may, by resolution, declare the need for an authority to function in the political subdivision and may join together with one or more other political subdivisions to jointly create, by adopting identical resolutions, a public body corporate and politic in these political subdivisions. This public body shall be a separate governmental entity and shall be known as a "regional transit authority." The authority may transact business and exercise any powers granted to it under this section.

AB939,12,7 (b) Subject to par. (g) and (i), if an authority has been created under par. (a), a political subdivision may join this authority if the governing body of this political subdivision adopts a resolution identical to the resolutions creating the authority and all participating political subdivisions of the authority adopt resolutions allowing this political subdivision to join the authority.

AB939,12,9 (c) Any resolution under pars. (a) and (b) creating or joining an authority shall specify all of the following:

AB939,12,10 1. The name of the authority and a description or map of its jurisdictional area.

AB939,12,12 2. The purpose of the authority and the functions or services to be provided by the authority.

AB939,12,13 3. The powers, duties, and limitations of the authority.

AB939,12,18 4. The establishment and organization of a board of directors, in which all powers of the authority shall be vested. The resolution may permit the board of directors to create an executive committee of the board of directors to assist the board of directors in exercising its powers and duties, but these powers and duties may only be carried out by action of the board in compliance with subd. 7.

AB939,12,21 5. The number of directors, the manner of their appointment, the terms of their office, their compensation, if any, and the procedure for filling vacancies on the board of directors.

AB939,12,23 6. The manner of selection of the officers of the authority and their powers, duties, and limitations.

AB939,13,3 7. The voting requirements for action by the board of directors. At least a majority vote of the authorized directors is necessary for any action to be taken by the board of directors.

AB939,13,6 8. The duties of the board of directors, including the obligation to comply with this section and the laws of this state and with the terms of the resolutions adopted under this section.

AB939,13,8 9. Subject to sub. (14), the method of financing the formation and operation of the authority.

AB939,13,17 10. If taxes may be imposed by the authority under sub. (3) (s), the maximum rate of the taxes that may be imposed by the authority under sub. (3) (s), not to exceed the maximum rate specified in s. 77.708 (1). The rate of the taxes that may be imposed by the authority under sub. (3) (s) shall be uniform among the participating political subdivisions of the authority. The resolution shall also include a transit plan, or reference a transit plan set forth in detail elsewhere, for the authority for at least the following 5-year period, and the maximum rate of the taxes specified in the resolution as required under this subdivision may not exceed the rate determined necessary under the transit plan.

AB939,13,21 11. Subject to sub. (12), a procedure by which a participating political subdivision may withdraw from the authority and provisions for the disposition, division, or distribution of any property, assets, and obligations of the authority on withdrawal of a participating political subdivision or on dissolution of the authority.

AB939,13,25 12. Whether the authority will develop, construct, or operate a fixed-route transit system and, if so, the maximum amount of the tax rate authorized under subd. 10. that may be allocated by the authority for expenditures related to this fixed-route transit system.

AB939,14,2 13. Any limitation on, or any approval required prior to, the authority's exercise of its power of condemnation.

AB939,14,6 (d) 1. Subject to par. (e), any resolution of a county board under pars. (a) and (b), except by the board of a county containing a 1st class city, shall be approved by a two-thirds vote of the members of the county board. Except for a county containing a 1st class city, a county is not subject to subd. 2.

AB939,14,20 2. Except as provided in subd. 1. and subject to par. (e), any resolution under pars. (a) and (b) shall be approved by at least a majority vote of the members of the governing body of the political subdivision and, upon such approval, shall be ratified by the electors at a referendum held in the political subdivision. The referendum shall be submitted to the electors at the next spring or general election, if the election is more than 6 weeks after the date the political subdivision adopted the resolution or, if there are 6 weeks or less before the election, at the next election thereafter. The governing body of the political subdivision may not order a special election for the purpose of voting on the referendum. The referendum question on the referendum ballot shall include the maximum tax rate under par. (c) 10. specified in the resolution approved by the governing body of the political subdivision. If the resolution creating or joining an authority is approved in the referendum, the resolution may take effect. If the resolution creating or joining an authority is not approved in the referendum, the resolution may not take effect.

AB939,14,23 (e) At least 30 days before approving a resolution under par. (a) or (b), the governing body of a political subdivision shall hold a public hearing on the resolution. Notice of the hearing shall be published as a class 3 notice under ch. 985.

AB939,14,25 (f) A political subdivision may not be a participating political subdivision in more than one authority.

AB939,15,3 (g) If an authority created under par. (a) includes as a participating political subdivision a county, the authority shall also include at least one municipality within that county. This paragraph does not apply to a county containing a 1st class city.

AB939,15,8 (h) An authority may not be created under par. (a) unless the combined population of all participating political subdivisions of the authority is at least 50,000. In calculating the combined population under this paragraph, the population of a county may not be considered unless the county contains a 1st class city.

AB939,15,10 (i) An authority may not develop, construct, or operate a fixed-route transit system unless all of the following apply:

AB939,15,13 1. Any resolution under par. (a) or (b) authorizes the authority to develop, construct, or operate a fixed-route transit system and each requirement under par. (c) 12. is satisfied.

AB939,15,19 2. The referendum question specified in par. (d) 2. is a single question and, in addition to including the information specified in par. (d) 2., states that the authority is authorized to develop, construct, or operate a fixed-route transit system and includes the maximum amount of the authorized tax rate that may be allocated by the authority for expenditures related to this fixed-route transit system, as specified in the resolution approved by the governing body of the political subdivision.

AB939,15,23 3. Notwithstanding par. (h), the combined population of all participating political subdivisions of the authority is at least 375,000. In calculating the combined population under this subdivision, the population of a county may not be considered unless the county contains a 1st class city.

AB939,15,25 4. The authority includes at least 5 participating political subdivisions having a population of at least 10,000 each.

AB939,16,13 (j) 1. Subject to subd. 2., if an authority has been created under this subsection, the participating political subdivisions of the authority may amend or modify their original 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 section for the creation of an authority, except the requirement under par. (e). Any such amendment or modification of the original resolutions creating or joining the authority does not create a new authority unless specifically provided otherwise in the amendment or modification, even if the amendment or modification is undertaken for the purpose of including additional participating political subdivisions in the authority. No resolution may be amended or modified unless, at the time of the amendment or modification, the requirements under par. (h) and, if applicable, under par. (i) 3. and 4., continue to be satisfied.

AB939,16,16 2. The amendment or modification under subd. 1. of the original resolutions creating or joining an authority is not subject to ratification by referendum under par. (d) 2. unless the amendment or modification includes any of the following:

AB939,16,19 a. A change to the tax rate specified in par. (c) 10. The amendment or modification under this subd. 2. a. may not take effect unless it is approved in the referendum in each participating political subdivision of the authority.

AB939,17,2 b. If the original resolutions creating or joining the authority did not include the authorization under par. (i) 1., the addition of authorization to develop, construct, or operate a fixed-route transit system under par. (i) 1. The amendment or modification under this subd. 2. b. may not take effect unless the requirements under par. (i) are satisfied and the amendment or modification is approved in the referendum in at least 5 participating political subdivisions of the authority having a population of at least 10,000 each.

AB939,17,5 (3) Powers. Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, but subject to sub. (2) (c) 13. and (i), an authority may do all of the following:

AB939,17,7 (a) Establish, maintain, and operate a comprehensive unified local transportation system primarily for the transportation of persons.

AB939,17,11 (b) 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 transportation system, the authority may:

AB939,17,13 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

AB939,17,15 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

AB939,17,18 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

AB939,17,20 4. Maintain and improve railroad rights-of-way and improvements on these rights-of-way for future use.

AB939,17,22 (c) Contract with a public or private organization to provide transportation services in lieu of directly providing these services.

AB939,17,24 (d) Purchase and lease transportation facilities to public or private transit companies that operate within and outside the jurisdictional area.

AB939,18,2 (e) Apply for federal aids to purchase transportation facilities considered essential for the authority's operation.

AB939,18,11 (f) 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 may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but 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.

AB939,18,14 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property or service.

AB939,18,16 (h) Acquire property by condemnation using the procedure under s. 32.05 for the purposes set forth in this section.

AB939,18,23 (i) Enter upon any state, county, or municipal street, road, or alley, or any public highway for the purpose of installing, maintaining, and operating the authority's facilities. Whenever the work is to be done in a state, county, or municipal highway, street, road, or alley, the public authority having control thereof shall be duly notified, and the highway, street, road, or alley shall be restored to as good a condition as existed before the commencement of the work with all costs incident to the work to be borne by the authority.

AB939,18,25 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions, facilities, and services provided by the authority.

AB939,19,2 (k) Make, and from time to time amend and repeal, bylaws, rules, and regulations to carry into effect the powers and purposes of the authority.

AB939,19,3 (L) Sue and be sued in its own name.

AB939,19,4 (m) Have and use a corporate seal.

AB939,19,7 (n) Employ agents, consultants, and employees, engage professional services, and purchase such furniture, stationery, and other supplies and materials as are reasonably necessary to perform its duties and exercise its powers.

AB939,19,9 (o) Incur debts, liabilities, or obligations including the borrowing of money and the issuance of bonds under subs. (6) and (9).

AB939,19,13 (p) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities, and other investments as the authority deems proper in accordance with s. 66.0603 (1m).

AB939,19,15 (q) Do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person.

AB939,19,18 (r) Exercise any other powers that the board of directors considers necessary and convenient to effectuate the purposes of the authority, including providing for passenger safety.

AB939,20,4 (s) Impose, by the adoption of a resolution by the board of directors, the taxes under subch. V of ch. 77 in the authority's participating political subdivisions. With respect to any county, other than a county containing a 1st class city, that is a participating political subdivision, the taxes authorized under this paragraph may not be imposed in any municipality within the county that is not a participating political subdivision of the authority. If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy of the resolution to the department of revenue at least 120 days before its effective date. The authority 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 resolution to the department of revenue at least 120 days before its effective date.

AB939,20,9 (4) Limitations on authority powers. (a) Notwithstanding sub. (3) (a), (b), (c), (d), (q), and (r), no authority, and no public or private organization with which an authority has contracted for services, 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.

AB939,20,18 (b) Whenever the proposed operations of an authority would be competitive with the operations of a common carrier in existence prior to the time the authority commences operations, the authority shall coordinate proposed operations with the common carrier to eliminate adverse financial impact for the carrier. This coordination may include route overlapping, transfers, transfer points, schedule coordination, joint use of facilities, lease of route service, and acquisition of route and corollary equipment. If this coordination does not result in mutual agreement, the proposals of the authority and the common carrier shall be submitted to the department of transportation for arbitration.

AB939,20,21 (c) In exercising its powers under sub. (3), an authority shall consider any plan of a metropolitan planning organization under 23 USC 134 that covers any portion of the authority's jurisdictional area.

AB939,20,25 (5) Authority obligations to employees of county mass transportation systems. (a) An authority acquiring a comprehensive unified local transportation 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.

AB939,21,11 (b) An authority acquiring, constructing, controlling, or operating a comprehensive unified local transportation system shall negotiate an agreement with the representative of the labor organization, notwithstanding s. 111.70 (2), (3), and (6), that covers the employees affected by the acquisition, construction, control, or operation to protect the interests of employees affected. This agreement shall include all of the provisions identified in s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An affected employee has all the rights and the same status under subch. IV of ch. 111 that her or she enjoyed immediately before the acquisition, construction, control, or operation and may not be required to serve a probationary period if he or she attained permanent status before the acquisition, construction, control, or operation.

AB939,21,13 (c) In all negotiations under this subsection, a senior executive officer of the authority shall be a member of the authority's negotiating body.

AB939,21,18 (6) Bonds; generally. (a) An authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.

AB939,21,22 (b) An authority may issue bonds in such principal amounts as the authority deems necessary. Except with respect to refunding bonds under sub. (9), bond proceeds may be used only for capital expenditures related to the acquisition of transit system equipment having a useful life of at least 5 years.

AB939,21,25 (c) 1. Neither the members of the board of directors of an authority nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.

AB939,22,5 2. The bonds of an authority are not a debt of the participating political subdivisions. Neither the participating political subdivisions nor the state are liable for the payment of the bonds. The bonds of any authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this paragraph on the face of the bonds.

AB939,22,16 (7) Issuance of bonds. (a) Bonds of an authority shall be authorized by resolution of the board of directors. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment, at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of an authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes.

AB939,22,18 (b) The authority may sell the bonds at public or private sales at the price or prices determined by the authority.

AB939,22,22 (c) If an officer whose signatures appear on any bonds or coupons ceases to be an officer of the authority before the delivery of such obligations, the officer's signature shall, nevertheless, be valid for all purposes as if the officer had remained in office until delivery of the bonds.

AB939,22,24 (8) Covenants. An authority may do all of the following in connection with the issuance of bonds:

AB939,22,25 (a) Covenant as to the use of any or all of its property, real or personal.

AB939,23,2 (b) Redeem the bonds, or covenant for the redemption of the bonds, and provide the terms and conditions of the redemption.

AB939,23,9 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet operating and maintenance expenses, renewals, and replacements of any transportation system, principal and debt service on bonds, creation and maintenance of any reserves required by a bond resolution, trust indenture, or other security instrument and to provide for any margins or coverages over and above debt service on the bonds that the board of directors considers desirable for the marketability of the bonds.

AB939,23,14 (d) Covenant as to the events of default on the bonds and the terms and conditions upon which the bonds shall become or may be declared due before maturity, as to the terms and conditions upon which this declaration and its consequences may be waived, and as to the consequences of default and the remedies of bondholders.

AB939,23,17 (e) Covenant as to the mortgage or pledge of, or the grant of a security interest in, any real or personal property and all or any part of the revenues of the authority to secure the payment of bonds, subject to any agreements with the bondholders.

AB939,23,20 (f) Covenant as to the custody, collection, securing, investment, and payment of any revenues, assets, moneys, funds, or property with respect to which the authority may have any rights or interest.

AB939,23,23 (g) Subject to sub. (6) (b), 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.

AB939,24,3 (h) Covenant as to limitations on the issuance of any additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding bonds.

AB939,24,5 (i) Covenant as to the rank or priority of any bonds with respect to any lien or security.

AB939,24,9 (j) Covenant as to the procedure by which the terms of any contract with or for the benefit of the holders of bonds may be amended or abrogated, the amount of bonds, the holders of which must consent thereto, and the manner in which such consent may be given.

AB939,24,12 (k) Covenant as to the custody and safekeeping of any of its properties or investments, the insurance to be carried on the property or investments and the use and disposition of insurance proceeds.

AB939,24,15 (L) Covenant as to the vesting in one or more trustees, within or outside the state, of those properties, rights, powers, and duties in trust as the authority determines.

AB939,24,18 (m) Covenant as to the appointing of, and providing for the duties and obligations of, one or more paying agent or other fiduciaries within or outside the state.