AB723: Bill Text

AB723,29,4 (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.

AB723,29,5 (e) An authority may be created under par. (a) only if all of the following apply:

AB723,29,8 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].

AB723,29,15 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.

AB723,29,17 (f) An authority may not include more than one county. An authority may not include municipalities located in different counties.

AB723,29,23 (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.

AB723,30,9 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.

AB723,30,17 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.

AB723,30,23 (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.

AB723,31,3 (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:

AB723,31,5 1. The board of directors shall consist of at least 5 members and not more than 9 members.

AB723,31,7 2. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.

AB723,31,10 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).

AB723,31,12 4. Notwithstanding subds. 1. to 3., the board of directors of an authority that includes Milwaukee County shall consist of the following members:

AB723,31,14 a. Two members from the authority's jurisdictional area, appointed by the Milwaukee County board chairperson.

AB723,31,17 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.

AB723,31,18 c. One member, appointed by the mayor of the city of Milwaukee.

AB723,31,20 d. One member from the authority's jurisdictional area, appointed by the governor.

AB723,31,23 (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:

AB723,32,2 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.

AB723,32,5 2. Provide transit planning within the authority's jurisdictional area. Each transit plan of the authority shall be submitted to the southeastern regional transit authority.

AB723,32,8 (b) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, in addition to the duties specified in par. (a), an authority may do any of the following:

AB723,32,10 1. Acquire a comprehensive unified local transit system by entering into a transfer agreement with the owner of the system.

AB723,32,11 2. Subject to sub. (5), apply for and utilize state and federal funds.

AB723,32,15 3. Subject to the provisions of par. (a) 1. relating to contracts in Milwaukee County, provide transit service, or contract for the provision of transit service, outside the authority's jurisdictional area if such transit service would benefit residents within the authority's jurisdictional area.

AB723,32,22 (5) Federal and state aid; incentive funds. Any application by an authority for federal or state funding shall first be submitted to the southeastern regional transit authority, which shall then provide the application to the appropriate federal or state agency. If the application results in the receipt of any federal or state funds, those federal or state funds shall first be received by the southeastern regional transit authority, which shall then forward the funds to the authority that provided the application.

AB723,32,25 (6) Authority revenue requirements. (a) An authority may generate revenue by doing any of the following, except that an authority that includes Milwaukee County may generate revenue only as provided in subd. 3.:

AB723,33,1 1. Imposing a local vehicle registration fee under s. 341.35.

AB723,33,2 2. Levying a room tax.

AB723,33,15 3. a. Imposing, by the adoption of a resolution by the board of directors, the taxes under s. 77.708, except that no authority may adopt such a resolution until a referendum is held in the authority's jurisdictional area on the question of whether the authority may impose the taxes under s. 77.708 and the referendum is decided in the affirmative. For purposes of an authority that has Milwaukee County as the boundaries of its jurisdictional area, the referendum for imposing sales and use taxes for transit purposes that was approved in 2008 in Milwaukee County satisfies the referendum requirement of this subd. 3. a. 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 the taxes under s. 77.708 and shall deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.

AB723,34,7 b. If the authority adopts a resolution as provided in subd. 3. a., it shall specify to the department of revenue the exact boundaries of the authority's jurisdictional area. If the boundaries are the same as the county lines on all sides of the authority's jurisdictional area, the resolution shall specify the county or counties that comprise the authority's entire jurisdictional area. If the boundaries are other than a county line on any side of the authority's jurisdictional area, the authority shall provide the department with a complete list of all the 9-digit zip codes that are entirely within the authority's jurisdictional area and a complete list of all the street addresses that are within the authority's jurisdictional area and not included in any 9-digit zip code that is entirely within the authority's jurisdictional area. The authority shall provide a certified copy of the information required under this subd. 3. b. to the department, in the manner, format, and layout prescribed by the department, at least 120 days prior to the resolution's effective date. If the boundaries of the authority's jurisdictional area subsequently change, the authority shall submit a certified copy of the information required under this subd. 3. b. to the department, in the manner, format, and layout prescribed by the department, at least 120 days prior to the change's effective date.

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: