AB723: Bill Text

AB723,34,12 c. If the authority adopts a resolution as provided in subd. 3. a., beginning with the year in which the resolution is adopted, no participating political subdivision may levy property taxes for transit. This subd. 3. c. does not apply to the year in which the resolution is adopted if the resolution is adopted after the participating political subdivision establishes its property tax levy for transit.

AB723,34,14 4. Charging a membership fee to the participating political subdivisions of the authority.

AB723,34,19 (b) An authority shall generate revenue equal to the amount required by pars. (c) and (d). This minimum revenue requirement may be met through funding from one or a combination of revenue sources identified by resolution under sub. (2) (c) 2., including any revenue option under par. (a) except that an authority that includes Milwaukee County may not generate revenue as provided in par. (a) 1., 2., or 4.

AB723,34,21 (c) 1. Within 2 years after the creation of an authority, the authority shall do any of the following:

AB723,35,2 a. Generate revenue sufficient to offset a 30 percent reduction in passenger fare revenues resulting from transit operations or to provide an 8 percent increase in transit service, or a combination of both, as compared with passenger fare revenues and transit service as of the time that the authority was created. With this revenue, the authority shall implement either the specified reduction in passenger fares or the specified increase in transit service, or a combination of both.

AB723,35,8 b. Invest an amount, equivalent to the revenue that would be sufficient to provide an 8 percent increase in transit service, in either improving existing capital assets of the authority or making new capital purchases and improvements for the authority. An investment under this subd. 1. b. is not considered to be made until funds have actually been expended or committed for any applicable purchase or improvement.

AB723,35,11 c. If the authority includes Milwaukee County, increase transit service to a level equal to or greater than the level of transit service provided in Milwaukee County in 2001.

AB723,35,18 2. For purposes of this paragraph, a 15 percent reduction in passenger fare revenues is equivalent to a 4 percent increase in transit service. For purposes of this paragraph, increases in transit service may be calculated by the increase in either transit service miles or transit service hours regardless of whether the transit service occurs within or outside the authority's jurisdictional area, and increases in paratransit miles or paratransit hours shall be included in calculating increases in transit service miles or transit service hours.

AB723,36,6 3. Every 2 years after an authority is created under this section, the department shall determine and certify whether the authority has met the requirements specified in this paragraph. In making this determination, the department shall calculate, and make publicly available, the dollar amount of the passenger fare revenue reductions and the transit service mile or hour increases that would be necessary for the authority to satisfy the requirements under subd. 1. a., the dollar amount of the investment in existing capital asset improvements or new capital purchases and improvements that would be necessary for the authority to satisfy the requirements under subd. 1. b., and the transit service mile or hour increases that would be necessary for the authority to satisfy the requirement under subd. 1. c. In making its calculation and determination under this subdivision, the department shall consider whether, and make allowances for the fact that, any municipality or county joined the authority under sub. (2) (a) after its initial creation.

AB723,36,10 (d) 1. Within 4 years after the creation of an authority, in addition to continuing to satisfy the requirements specified in par. (c), the authority shall improve the interconnectivity of its transit system by linking with other modes of transportation and improving cross-county links.

AB723,36,14 2. The department shall, by rule, establish criteria for determining whether an authority has satisfied the requirement under subd. 1. In promulgating this rule, the department shall take into account the concerns of taxpayers and the mobility concerns of employers and employees.

AB723,36,16 3. The department shall determine and certify whether an authority has satisfied the requirement specified in subd. 1.

AB723,36,20 (e) 1. Subject to subd. 3., if an authority does not meet the requirements specified in pars. (c) 1. and (d) within the time limits specified in those provisions, the authority is not eligible for incentive funding provided under s. 59.58 (7) (L) or (m).

AB723,37,4 2. Subject to subd. 3., if an authority does not meet the requirements specified in pars. (c) 1. and (d) within 2 years after the time limits specified in those provisions, the authority shall be dissolved and responsibility for providing transit service and transit planning, as well as all assets, liabilities, rights, and obligations of the authority, shall revert to the participating political subdivisions of the authority. If an authority is dissolved under this subdivision, the authority shall, before dissolving, adopt a resolution by the board of directors repealing the imposition of the taxes under s. 77.708 and deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.

AB723,37,8 3. If any municipality or county joins an authority under sub. (2) (b) after its initial creation, the department may make allowances for this fact, including delaying or suspending the penalties under subds. 1. and 2. for failure to meet the requirements specified in pars. (c) 1. and (d).

AB723,37,18 (7) Sunset and transition. (a) When 3 authorities created under this section have been certified by the department under sub. (6) (d) 3. as having satisfied the requirement specified in sub. (6) (d) 1., the department shall provide notice of this fact to every authority created under this section, specifically identifying these 3 authorities, and this notice shall be considered the department's first notice under this paragraph. If any authority created under this section is subsequently certified by the department under sub. (6) (d) 3. as having satisfied the requirement specified in subd. (6) (d) 1., the department shall provide notice of this fact to the southeastern regional transit authority and to every authority created under this section, specifically identifying the authority that has been subsequently certified.

AB723,38,5 (b) Upon receiving a notice specified in par. (a), each authority identified in the notice shall begin the process of winding down and dissolving, including taking those actions specified in this subsection, and shall complete this process no later than 120 days after receiving the notice. Notwithstanding sub. (4), upon receiving a notice specified in par. (a), the duties of each authority identified in the notice shall be limited to winding down and dissolving the authority and facilitating the transition described in this paragraph. The board of directors of the authority shall assist in good faith in the transition from the authority to the southeastern regional transit authority. The southeastern regional transit authority shall be considered the successor to an authority created under this section and wound down under this paragraph. As part of the authority's winding down process, all of the following shall occur:

AB723,38,7 1. The assets and liabilities of the authority shall become the assets and liabilities of the southeastern regional transit authority.

AB723,38,9 2. All tangible personal property, including records, of the authority shall be transferred to the southeastern regional transit authority.

AB723,38,14 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.

AB723,38,16 (c) Any authority identified in a notice under par. (a) terminates on the 120th day after the authority receives that notice.

AB723, s. 35 Section 35. 70.11 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,39,9 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) or, 66.1039, or 66.1041, 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, s. 36 Section 36. 71.26 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,39,16 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) or, 66.1039, or 66.1041, long-term care districts under s. 46.2895 or other political units of this state.

AB723, s. 37 Section 37. 77.54 (9a) (er) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723,39,20 77.54 (9a) (er) Any transit authority created under s. 59.58 (7) or, 66.1039, or 66.1041.

AB723, s. 38 Section 38. 77.708 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 1858b, is amended to read:

AB723,40,3 77.708 (1) A transit authority created under s. 59.58, 66.1039, or 66.1041, by resolution under s. 59.58 (7) (n) 2., 66.1039 (4) (s), or 66.1041 (6) (a) 3., respectively, may impose a sales tax and a use tax under this subchapter at a rate not to exceed 0.5 percent of the sales price or purchase price. Those taxes may be imposed only in their entirety. The resolution shall be effective on the first day of the first calendar quarter that begins at least 120 days after the adoption of the resolution.

AB723, s. 39 Section 39. 77.708 (2) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723,40,12 77.708 (2) Retailers and the department of revenue may not collect a tax under sub. (1) for any transit authority created under s. 59.58, 66.1039, or 66.1041, after the calendar quarter during which the transit authority adopts a repeal resolution under s. 59.58 (7) (n) 2., 66.1039 (4) (s), or 66.1041 (6) (a) 3. or (e) 2., respectively, except that the department of revenue may collect from retailers taxes that accrued before such calendar quarter and fees, interest, and penalties that relate to those taxes.

AB723, s. 40 Section 40. 77.9971 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,41,2 77.9971 (1) The southeastern regional transit authority under s. 59.58 (7) may impose a fee at a rate not to exceed $18, as adjusted under sub. (2), for each transaction in the authority's jurisdictional area, as described in s. 59.58 (7) (b) and (n) 3., on the rental, but not for rerental and not for rental as a service or repair replacement vehicle, of Type 1 automobiles, as defined in s. 340.01 (4) (a), by establishments primarily engaged in short-term rental of passenger cars without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m), (9), or (9a). The fee imposed under this subchapter shall be effective on the first day of the first month that begins at least 90 days after the board of directors of the southeastern regional transit authority approves the imposition of the fee and notifies the department of revenue. The board of directors shall notify the department of a repeal of the fee imposed under this subchapter at least 60 days before the effective date of the repeal.

AB723, s. 41 Section 41. 79.03 (3) (b) 4. a. of the statutes is amended to read:

AB723,41,13 79.03 (3) (b) 4. a. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.1105 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.1106 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county children with disabilities education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, monthly municipal permit fees under s. 66.0435 (3), the proceeds of county sales and use taxes, and municipal and county local vehicle registration fees under s. 341.35 (1).

AB723, s. 42 Section 42. 85.063 (3) (b) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,41,22 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 66.1041 and the southeastern regional transit authority under s. 59.58 (7) to the extent it is the successor under s. 66.1041 (7) (b) to a transit authority created under s. 66.1041, that includes the urban area may apply to the department for a grant for property acquisition for an urban rail transit system.

AB723, s. 43 Section 43. 85.064 (1) (b) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,42,4 85.064 (1) (b) "Political subdivision" means any city, village, town, county, transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301, or transit authority created under s. 66.1039 or 66.1041 within this state or the southeastern regional transit authority under s. 59.58 (7).

AB723, s. 44 Section 44. 85.11 (1) (a) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723,42,9 85.11 (1) (a) "Eligible applicant" means the southeastern regional transit authority under s. 59.58 (7) or an interim regional transit authority created under s. 66.1041.

AB723, s. 45 Section 45. 85.20 (4m) (a) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,42,20 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, s. 46 Section 46. 85.20 (4m) (a) 6. e. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723,43,2 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, s. 47 Section 47. 85.20 (4m) (a) 6. f. of the statutes is created to read:

AB723,43,6 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) (m).

AB723, s. 48 Section 48. 85.20 (4s) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,43,13 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, s. 49 Section 49. 111.70 (1) (j) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,43,23 111.70 (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) or, 66.1039, or 66.1041, 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, s. 50 Section 50. 341.35 (title) of the statutes is amended to read:

AB723,43,25 341.35 (title) Municipal or county Local vehicle registration fee.

AB723, s. 51 Section 51. 341.35 (1) of the statutes is amended to read:

AB723,44,12 341.35 (1) Annual registration fee. In this section "municipality" means a town, village or city and "motor vehicle" means an automobile or motor truck registered under s. 341.25 (1) (c) at a gross weight of not more than 8,000 pounds. Subject to sub. (9), in this section "authority" means an interim regional transit authority created under s. 66.1041. The governing body of a municipality or county may enact an ordinance imposing an annual flat municipal or county registration fee on all motor vehicles registered in this state which are customarily kept in the municipality or county. The board of directors of an authority may adopt a resolution imposing an annual flat registration fee on all motor vehicles registered in this state which are customarily kept in the jurisdictional area of the authority. A registration fee imposed under this section shall be in addition to state registration fees.

AB723, s. 52 Section 52. 341.35 (2) (intro.) of the statutes is amended to read:

AB723,44,15 341.35 (2) Exemptions. (intro.) The following vehicles are exempt from any municipal or county local vehicle registration fee under this section:

AB723, s. 53 Section 53. 341.35 (3m) of the statutes is amended to read:

AB723,44,22 341.35 (3m) County and municipal Multiple local fees. If a municipality and the county in which the municipality is located enact ordinances under this section, a motor vehicle customarily kept in the municipality shall be subject to a municipal registration fee and a county registration fee. If an authority imposes a local registration fee under this section, this fee is in addition to any local registration fee imposed by a municipality or county under this section.

AB723, s. 54 Section 54. 341.35 (4) of the statutes is amended to read:

AB723,45,4 341.35 (4) Notice of fees. The governing body of a municipality or county which enacts a municipal or county, and the board of directors of an authority, that imposes a local vehicle registration fee under this section shall notify the department that it has so elected and report the amount of such fee. The municipality or, county, or authority shall report any change in such amount to the department. The notification shall be made at the time and in the form prescribed by the department.

AB723, s. 55 Section 55. 341.35 (5) of the statutes is amended to read:

AB723,45,9 341.35 (5) Payment of fees. At the time a motor vehicle is first registered or at the time of registration renewal, the applicant shall pay to the department any fee imposed by a county or, municipality , or authority under this section in addition to fees required under this chapter.

AB723, s. 56 Section 56. 341.35 (6) of the statutes is amended to read:

AB723,45,16 341.35 (6) Department to remit fees to municipalities and counties. Beginning July 1, 1984, and annually thereafter, the department shall remit those moneys collected under this section, less administrative costs under sub. (6m), to any municipality or, county which , or authority that has imposed a fee under this section. The department may by rule provide that the moneys be remitted at more frequent intervals if the department deems it advisable.

AB723, s. 57 Section 57. 341.35 (6r) of the statutes is amended to read:

AB723,45,20 341.35 (6r) Use of fee proceeds. Any municipality or, county, or authority receiving moneys under sub. (6) shall use the moneys only for transportation related purposes.

AB723, s. 58 Section 58. 341.35 (7) of the statutes is amended to read:

AB723,45,24 341.35 (7) Replacements. No municipal or county local vehicle registration fee may be imposed on a motor vehicle which is a replacement for a motor vehicle for which a current municipal or county local vehicle registration fee has been paid.

AB723, s. 59 Section 59. 341.35 (9) of the statutes is created to read:

AB723,46,2 341.35 (9) Regional transit authority transition. If the department provides any notice specified in s. 66.1041 (7) (a), all of the following apply:

AB723,46,5 (a) "Authority" in this section shall mean the southeastern regional transit authority under s. 59.58 (7) instead of an interim regional transit authority identified in any notice provided by the department under s. 66.1041 (7) (a).

AB723,46,11 (b) If an interim regional transit authority created under s. 66.1041 imposed a local registration fee under this section prior to the department's notice under s. 66.1041 (7) (a) identifying the interim regional transit authority, that fee shall continue to be imposed, and the southeastern regional transit authority under s. 59.58 (7) shall be the successor to the fee, unless the board of directors of the southeastern regional transit authority votes to modify or terminate the fee.

AB723, s. 60 Section 60. 345.05 (1) (ag) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB723,46,17 345.05 (1) (ag) "Authority" means a transit authority created under s. 66.1039 or 66.1041 and the southeastern regional transit authority under s. 59.58 (7) to the extent it is the successor under s. 66.1041 (7) (b) to a transit authority created under s. 66.1041.

AB723, s. 61 Section 61. 611.11 (4) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB723,46,24 611.11 (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. 66.1039 or 66.1041 and the southeastern regional transit authority under s. 59.58 (7) to the extent it is the successor under s. 66.1041 (7) (b) to a transit authority created under s. 66.1041.

AB723,46,25 (End)