Amendment ASA1-AB282

LRBs0377/2

ARG:cjs:ph

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 282

April 1, 2010 - Offered by Representatives Barca, Bernard Schaber, Turner, Sinicki and Shilling.

AB282-ASA1,2,5 An Act to repeal 59.58 (6); to amend 32.02 (11), 32.05 (1) (a), 32.07 (2), 40.02 (28), 59.58 (7) (a) 1., 59.58 (7) (b), 59.58 (7) (c) 1. (intro.), 59.58 (7) (d), 59.58 (7) (e) 2., 59.58 (7) (f) 2., 59.58 (7) (f) 4., 59.58 (7) (g), 59.58 (7) (i), 66.0301 (1) (a), 66.0903 (1) (d), 66.1039 (1) (i), 66.1039 (2) (title), 66.1039 (3) (title), 66.1039 (3) (g) 4., 66.1039 (4) (intro.), 66.1039 (4) (b) (intro.), 66.1039 (4) (e), 66.1039 (4) (f), 66.1039 (5) (a), 66.1039 (6) (a), 66.1039 (9) (g), 66.1039 (13) (intro.), 66.1039 (14), 70.11 (2), 71.26 (1) (b), 77.54 (9a) (er), 77.708 (1), 77.708 (2), 77.9971 (1), 85.063 (3) (b) 1., 85.064 (1) (b), 85.11 (1) (a), 85.20 (4m) (a) (intro.), 85.20 (4m) (a) 6. e., 85.20 (4s), 111.70 (1) (j), 345.05 (1) (ag) and 611.11 (4) (a); and to create 19.42 (7w) (e), 20.395 (1) (hy), 59.58 (7) (a) 2m., 59.58 (7) (a) 4., 5. and 6., 59.58 (7) (c) 1. h. and i., 59.58 (7) (e) 3., 59.58 (7) (k), 59.58 (7) (L), 59.58 (7) (m), 59.58 (7) (n), 66.1039 (1) (j), 66.1039 (2) (d), 66.1039 (2g), 66.1039 (2r), 66.1039 (3) (e), 66.1039 (4) (bm), 66.1039 (4) (em), 66.1039 (4) (fm), 66.1039 (4) (s) 5., 66.1039 (4) (s) 6., 66.1039 (4) (s) 7., 66.1039 (5) (d), 66.1039 (7) (d), 66.1039 (13m), 66.1039 (15), 66.1041, 74.09 (3) (dn) and 85.20 (4m) (a) 6. f. of the statutes; relating to: the southeastern regional transit authority, the creation of regional transit authorities and interim regional transit authorities, requiring the exercise of rule-making authority, requiring a referendum, and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB282-ASA1, s. 1 Section 1. 19.42 (7w) (e) of the statutes is created to read:

AB282-ASA1,2,8 19.42 (7w) (e) The members of the board of directors of a transit authority created under s. 66.1039 (2g).

AB282-ASA1, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB282-ASA1, s. 3 Section 3. 20.395 (1) (hy) of the statutes is created to read:

AB282-ASA1,2,14 20.395 (1) (hy) Tier A-4 transit operating aids, state funds. The amounts in the schedule for mass transit aids under s. 85.20 (4m) (a) 6. f. No moneys may be encumbered or expended from this appropriation prior to July 1, 2011.

AB282-ASA1, s. 4 Section 4. 32.02 (11) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,3,7 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333; community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); local exposition district created under subch. II of ch. 229; or 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.

AB282-ASA1, s. 5 Section 5. 32.05 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,4,7 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, the secretary of transportation, a commission created by contract under s. 66.0301, a joint local water authority created by contract under s. 66.0823, 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, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

AB282-ASA1, s. 6 Section 6. 32.07 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,4,22 32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, 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, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.

AB282-ASA1, s. 7 Section 7. 40.02 (28) of the statutes, as affected by 2009 Wisconsin Act 28, section 779, is amended to read:

AB282-ASA1,5,12 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, 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, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB282-ASA1, s. 8 Section 8. 59.58 (6) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB282-ASA1, s. 9 Section 9. 59.58 (7) (a) 1. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,5,18 59.58 (7) (a) 1. "Authority" Except as used in subd. 2m., "authority" means the southeastern regional transit authority created under this subsection.

AB282-ASA1, s. 10 Section 10. 59.58 (7) (a) 2m. of the statutes is created to read:

AB282-ASA1,5,21 59.58 (7) (a) 2m. "Interim regional transit authority" means an authority created under s. 66.1041.

AB282-ASA1, s. 11 Section 11. 59.58 (7) (a) 4., 5. and 6. of the statutes are created to read:

AB282-ASA1,5,25 59.58 (7) (a) 4. "Participating political subdivision" means a political subdivision that has adopted a resolution creating an interim regional transit authority or joining an established interim regional transit authority.

AB282-ASA1,5,26 5. "Political subdivision" has the meaning given in s. 66.1041 (1) (f).

AB282-ASA1,6,2 6. "Southeast Wisconsin" has the meaning given in s. 66.1041 (1) (h).

AB282-ASA1, s. 12 Section 12. 59.58 (7) (b) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,6,11 59.58 (7) (b) There is created the southeastern regional transit authority, a public body corporate and politic and a separate governmental entity, consisting that, except as provided in par. (n) 4., consists of the counties and cities of Kenosha, Racine, and Milwaukee. This authority may transact business and exercise any powers granted to it under this subsection. The Except as provided in par. (n) 3., the jurisdictional area of this authority is the geographic area formed by the combined territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.

AB282-ASA1, s. 13 Section 13. 59.58 (7) (c) 1. (intro.) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,6,16 59.58 (7) (c) 1. (intro.) The powers of the authority shall be vested in its board of directors, consisting which, except as provided in par. (n) 5., shall consist of the following members:

AB282-ASA1, s. 14 Section 14. 59.58 (7) (c) 1. h. and i. of the statutes are created to read:

AB282-ASA1,6,21 59.58 (7) (c) 1. h. One member from any city with a population of more than 60,000, other than a city identified in subd. 1. b., 1. d., or 1. f., that is a participating political subdivision in an interim regional transit authority, appointed by the mayor of the city.

AB282-ASA1,6,24 i. One member from any county, other than a county identified in subd. 1. a., 1. c., or 1. e., that is a participating political subdivision in an interim regional transit authority, appointed by the chairperson of the county board.

AB282-ASA1, s. 15 Section 15. 59.58 (7) (d) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,7,6 59.58 (7) (d) The Subject to par. (n) 7., the authority shall have all powers necessary and convenient to plan, create, construct, operate, and manage a KRM commuter rail line. The authority may operate the KRM commuter rail line itself or may contract for a rail service to operate the KRM commuter rail line.

AB282-ASA1, s. 16 Section 16. 59.58 (7) (e) 2. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,7,13 59.58 (7) (e) 2. Retain Except as provided in subd. 3., retain the difference between the amount of the fees imposed under subch. XIII of ch. 77 and the amount of those fees retained under subd. 1. for expenditures related to the KRM commuter rail line, including planning, construction, maintenance, operations, and engineering expenditures.

AB282-ASA1, s. 17 Section 17. 59.58 (7) (e) 3. of the statutes is created to read:

AB282-ASA1,7,17 59.58 (7) (e) 3. Provide incentive funds to any interim regional transit authority in compliance with the requirements specified in par. (L). No incentive funds may be provided under this subdivision after June 30, 2011.

AB282-ASA1, s. 18 Section 18. 59.58 (7) (f) 2. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,7,24 59.58 (7) (f) 2. The authority may issue bonds in an aggregate principal amount not to exceed $50,000,000 $250,000,000, excluding bonds issued to refund outstanding bonds issued under this subdivision, for the purpose of providing funds for the anticipated local funding share required for initiating KRM commuter rail line service and, if applicable, for the purposes specified in par. (n) 6.

AB282-ASA1, s. 19 Section 19. 59.58 (7) (f) 4. of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,8,7 59.58 (7) (f) 4. The bonds of the authority are not a debt of the counties or cities that comprise the authority. Neither these counties, nor cities, nor the state are liable for the payment of the bonds. The bonds of the 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 subdivision on the face of the bonds.

AB282-ASA1, s. 20 Section 20. 59.58 (7) (g) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,8,12 59.58 (7) (g) All moneys transferred under s. 59.58 (6) (cg), 2007 stats., shall be used by the authority to assist in the planning of the KRM commuter rail line project.

AB282-ASA1, s. 21 Section 21. 59.58 (7) (i) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB282-ASA1,8,21 59.58 (7) (i) The authority is the only entity in the counties of Milwaukee, Racine, and Kenosha southeast Wisconsin that may submit an application for funding to the federal transit administration in the U.S. department of transportation under the federal new starts grant program for funding for the KRM commuter rail line. Upon receiving any application for federal funds described in s. 66.1041 (5), the authority shall promptly submit the application to the appropriate federal agency for consideration.

AB282-ASA1, s. 22 Section 22. 59.58 (7) (k) of the statutes is created to read:

AB282-ASA1,8,25 59.58 (7) (k) 1. The authority may provide nonfinancial transit assistance to any interim regional transit authority, including reviewing the transit plans of the interim regional transit authority.

AB282-ASA1,9,3 2. If the authority receives federal or state funding intended to ultimately be received by any interim regional transit authority, the authority shall forward this funding to the intended recipient.

AB282-ASA1,9,7 3. Upon request from any municipality or county considering the creation of an interim regional transit authority, the authority shall assist the municipality or county in determining the amount of incentive funds under par. (L) that the interim regional transit authority would likely receive after its creation.

AB282-ASA1, s. 23 Section 23. 59.58 (7) (L) of the statutes is created to read:

AB282-ASA1,9,15 59.58 (7) (L) 1. From the fees identified in par. (e), the authority may provide incentive funds to interim regional transit authorities. Upon application for incentive funds by an interim regional transit authority, the board of directors of the southeastern regional transit authority shall evaluate the application and provide incentive funding in compliance with the provisions of this subsection and the bylaws of the southeastern regional transit authority. No incentive funds may be provided under this paragraph after June 30, 2011.

AB282-ASA1,9,19 2. The board of directors of the southeastern regional transit authority may not provide incentive funds to an interim regional transit authority in an amount in excess of the total amount of revenue generated by the interim regional transit authority from all sources identified in s. 66.1041 (2) (c) 2.

AB282-ASA1,9,23 3. In evaluating and awarding incentive funding under this paragraph, the board of directors of the southeastern regional transit authority shall apply uniform criteria to all applicants. The board shall consider all of the following factors in evaluating applications by interim regional transit authorities for incentive funds:

AB282-ASA1,9,25 a. The number of participating political subdivisions in the interim regional transit authority.

AB282-ASA1,9,26 b. All funding sources providing revenue to the interim regional transit authority.

AB282-ASA1,10,3 c. The long-term transit goals for the interim regional transit authority.

AB282-ASA1,10,5 d. Whether the interim regional transit authority has satisfied any of the requirements under s. 66.1041 (6) (c) and (d) ahead of schedule.

AB282-ASA1,10,9 4. The bylaws of the southeastern regional transit authority shall specify a minimum amount of revenue that must be generated by an interim regional transit authority from all sources identified in s. 66.1041 (2) (c) 2. in order to obtain incentive funding under this paragraph.

AB282-ASA1,10,23 5. Notwithstanding any requirement or limitation specified in subds. 2. to 4. or the authority's bylaws relating to evaluating, awarding, or providing incentive funding under this paragraph, and notwithstanding any provision of subd. 1. relating to the proper recipient of incentive funding under this paragraph, if the city of Kenosha is a participating political subdivision in an interim regional transit authority, the city of Kenosha shall be eligible for incentive funds in a total amount of $2,500,000 provided under this paragraph or par. (m). Notwithstanding any requirement or limitation specified in subds. 2. to 4. or the authority's bylaws relating to evaluating, awarding, or providing incentive funding under this paragraph, and notwithstanding any provision of subd. 1. relating to the proper recipient of incentive funding under this paragraph, if the city of Racine is a participating political subdivision in an interim regional transit authority, the city of Racine shall be eligible for incentive funds in a total amount of $2,500,000 provided under this paragraph or par. (m).

AB282-ASA1, s. 24 Section 24. 59.58 (7) (m) of the statutes is created to read: