6. An IRTA may enter into intergovernmental cooperation contracts with other
governmental units.
7. IRTA property is not subject to state and local property taxes.
8. An IRTA is eligible for urban rail transit system grants and commuter rail
transit system development grants from DOT.
If the SERTA becomes the successor to an IRTA, these provisions also apply to
the SERTA.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB723, s. 1 1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB723, s. 2 3Section 2. 20.395 (1) (hy) of the statutes is created to read:
AB723,8,64 20.395 (1) (hy) Tier A-4 transit operating aids, state funds. The amounts in the
5schedule for mass transit aids under s. 85.20 (4m) (a) 6. f. No moneys may be
6encumbered or expended from this appropriation prior to July 1, 2011.
AB723, s. 3 7Section 3. 20.395 (5) (iv) of the statutes is amended to read:
AB723,9,38 20.395 (5) (iv) Municipal and county Local vehicle registration fee, local funds.
9All moneys received under s. 341.35, less the portion of the fee attributable to the

1department's administrative costs, for the purpose of remitting the municipal or
2county
local vehicle registration fee to the municipality or, county, or transit
3authority
under s. 341.35 (6).
AB723, s. 4 4Section 4. 32.02 (11) of the statutes, as affected by 2009 Wisconsin Act 28, is
5amended to read:
AB723,9,126 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
7redevelopment authority created under s. 66.1333; community development
8authority created under s. 66.1335; local cultural arts district created under subch.
9V of ch. 229, subject to s. 229.844 (4) (c); local exposition district created under subch.
10II of ch. 229; or transit authority created under s. 66.1039 or 66.1041 and the
11southeastern regional transit authority under s. 59.58 (7) to the extent it is the
12successor under s. 66.1041 (7) (b) to a transit authority created under s. 66.1041
.
AB723, s. 5 13Section 5. 32.05 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
AB723,9,2515 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
16or a county highway committee when so authorized by the county board of
17supervisors, a city council, a village board, a town board, a sewerage commission
18governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
19the secretary of transportation, a commission created by contract under s. 66.0301,
20a joint local water authority created by contract under s. 66.0823, a transit authority
21created under s. 66.1039 or 66.1041 and the southeastern regional transit authority
22under s. 59.58 (7) to the extent it is the successor under s. 66.1041 (7) (b) to a transit
23authority created under s. 66.1041
, a housing authority under ss. 66.1201 to 66.1211,
24a local exposition district created under subch. II of ch. 229, a local cultural arts
25district created under subch. V of ch. 229, a redevelopment authority under s.

166.1333 or a community development authority under s. 66.1335 shall make an order
2providing for the laying out, relocation and improvement of the public highway,
3street, alley, storm and sanitary sewers, watercourses, water transmission and
4distribution facilities, mass transit facilities, airport, or other transportation
5facilities, gas or leachate extraction systems to remedy environmental pollution from
6a solid waste disposal facility, housing project, redevelopment project, cultural arts
7facilities, exposition center or exposition center facilities which shall be known as the
8relocation order. This order shall include a map or plat showing the old and new
9locations and the lands and interests required. A copy of the order shall, within 20
10days after its issue, be filed with the county clerk of the county wherein the lands are
11located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
12accordance with s. 84.095.
AB723, s. 6 13Section 6. 32.07 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is
14amended to read:
AB723,11,215 32.07 (2) The petitioner shall determine necessity if application is by the state
16or any commission, department, board or other branch of state government or by a
17city, village, town, county, school district, board, commission, public officer,
18commission created by contract under s. 66.0301, joint local water authority under
19s. 66.0823, transit authority created under s. 66.1039 or 66.1041 and the
20southeastern regional transit authority under s. 59.58 (7) to the extent it is the
21successor under s. 66.1041 (7) (b) to a transit authority created under s. 66.1041
,
22redevelopment authority created under s. 66.1333, local exposition district created
23under subch. II of ch. 229, local cultural arts district created under subch. V of ch.
24229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way
25of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line,

1for the right-of-way for a gas pipeline, main or service or for easements for the
2construction of any elevated structure or subway for railroad purposes.
AB723, s. 7 3Section 7. 40.02 (28) of the statutes, as affected by 2009 Wisconsin Act 28,
4section 779, is amended to read:
AB723,11,165 40.02 (28) "Employer" means the state, including each state agency, any
6county, city, village, town, school district, other governmental unit or
7instrumentality of 2 or more units of government now existing or hereafter created
8within the state, any federated public library system established under s. 43.19
9whose territory lies within a single county with a population of 500,000 or more, a
10local exposition district created under subch. II of ch. 229, a transit authority created
11under s. 66.1039 or 66.1041 and the southeastern regional transit authority under
12s. 59.58 (7) to the extent it is the successor under s. 66.1041 (7) (b) to a transit
13authority created under s. 66.1041
, and a long-term care district created under s.
1446.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not
15include a local cultural arts district created under subch. V of ch. 229. Each employer
16shall be a separate legal jurisdiction for OASDHI purposes.
AB723, s. 8 17Section 8. 59.58 (6) of the statutes, as affected by 2009 Wisconsin Act 28, is
18repealed.
AB723, s. 9 19Section 9. 59.58 (7) (a) 1. of the statutes, as created by 2009 Wisconsin Act 28,
20is amended to read:
AB723,11,2221 59.58 (7) (a) 1. "Authority" Except as used in subd. 2m., "authority" means the
22southeastern regional transit authority created under this subsection.
AB723, s. 10 23Section 10. 59.58 (7) (a) 2m. of the statutes is created to read:
AB723,11,2524 59.58 (7) (a) 2m. "Interim regional transit authority" means an authority
25created under s. 66.1041.
AB723, s. 11
1Section 11. 59.58 (7) (a) 4., 5. and 6. of the statutes are created to read:
AB723,12,42 59.58 (7) (a) 4. "Participating political subdivision" means a political
3subdivision that has adopted a resolution creating an interim regional transit
4authority or joining an established interim regional transit authority.
AB723,12,55 5. "Political subdivision" has the meaning given in s. 66.1041 (1) (f).
AB723,12,66 6. "Southeast Wisconsin" has the meaning given in s. 66.1041 (1) (h).
AB723, s. 12 7Section 12. 59.58 (7) (b) of the statutes, as created by 2009 Wisconsin Act 28,
8is amended to read:
AB723,12,159 59.58 (7) (b) There is created the southeastern regional transit authority, a
10public body corporate and politic and a separate governmental entity, consisting
11that, except as provided in par. (n) 4., consists of the counties and cities of Kenosha,
12Racine, and Milwaukee. This authority may transact business and exercise any
13powers granted to it under this subsection. The Except as provided in par. (n) 3., the
14jurisdictional area of this authority is the geographic area formed by the combined
15territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.
AB723, s. 13 16Section 13. 59.58 (7) (c) 1. (intro.) of the statutes, as created by 2009 Wisconsin
17Act 28
, is amended to read:
AB723,12,2018 59.58 (7) (c) 1. (intro.) The powers of the authority shall be vested in its board
19of directors, consisting which, except as provided in par. (n) 5., shall consist of the
20following members:
AB723, s. 14 21Section 14. 59.58 (7) (c) 1. h. and i. of the statutes are created to read:
AB723,12,2522 59.58 (7) (c) 1. h. One member from any city with a population of more than
2360,000, other than a city identified in subd. 1. b., 1. d., or 1. f., that is a participating
24political subdivision in an interim regional transit authority, appointed by the mayor
25of the city.
AB723,13,3
1i. One member from any county, other than a county identified in subd. 1. a.,
21. c., or 1. e., that is a participating political subdivision in an interim regional transit
3authority, appointed by the chairperson of the county board.
AB723, s. 15 4Section 15. 59.58 (7) (d) of the statutes, as created by 2009 Wisconsin Act 28,
5is amended to read:
AB723,13,96 59.58 (7) (d) The Subject to par. (n) 7., the authority shall have all powers
7necessary and convenient to plan, create, construct, operate, and manage a KRM
8commuter rail line. The authority may operate the KRM commuter rail line itself
9or may contract for a rail service to operate the KRM commuter rail line.
AB723, s. 16 10Section 16. 59.58 (7) (e) 2. of the statutes, as created by 2009 Wisconsin Act
1128
, is amended to read:
AB723,13,1612 59.58 (7) (e) 2. Retain Except as provided in subd. 3., retain the difference
13between the amount of the fees imposed under subch. XIII of ch. 77 and the amount
14of those fees retained under subd. 1. for expenditures related to the KRM commuter
15rail line, including planning, construction, maintenance, operations, and
16engineering expenditures.
AB723, s. 17 17Section 17. 59.58 (7) (e) 3. of the statutes is created to read:
AB723,13,2018 59.58 (7) (e) 3. Provide incentive funds to any interim regional transit authority
19in compliance with the requirements specified in par. (L). No incentive funds may
20be provided under this subdivision after June 30, 2011.
AB723, s. 18 21Section 18. 59.58 (7) (f) 2. of the statutes, as created by 2009 Wisconsin Act
2228
, is amended to read:
AB723,14,223 59.58 (7) (f) 2. The authority may issue bonds in an aggregate principal amount
24not to exceed $50,000,000 $250,000,000, excluding bonds issued to refund
25outstanding bonds issued under this subdivision, for the purpose of providing funds

1for the anticipated local funding share required for initiating KRM commuter rail
2line service and, if applicable, for the purposes specified in par. (n) 6.
AB723, s. 19 3Section 19. 59.58 (7) (f) 4. of the statutes, as created by 2009 Wisconsin Act
428
, is amended to read:
AB723,14,95 59.58 (7) (f) 4. The bonds of the authority are not a debt of the counties or cities
6that comprise the authority. Neither these counties, nor cities, nor the state are
7liable for the payment of the bonds. The bonds of the authority shall be payable only
8out of funds or properties of the authority. The bonds of the authority shall state the
9restrictions contained in this subdivision on the face of the bonds.
AB723, s. 20 10Section 20. 59.58 (7) (g) of the statutes, as created by 2009 Wisconsin Act 28,
11is amended to read:
AB723,14,1412 59.58 (7) (g) All moneys transferred under s. 59.58 (6) (cg), 2007 stats., shall
13be used by the authority to assist in the planning of the KRM commuter rail line
14project.
AB723, s. 21 15Section 21. 59.58 (7) (i) of the statutes, as created by 2009 Wisconsin Act 28,
16is amended to read:
AB723,14,2317 59.58 (7) (i) The authority is the only entity in the counties of Milwaukee,
18Racine, and Kenosha
southeast Wisconsin that may submit an application for
19funding
to the federal transit administration in the U.S. department of
20transportation under the federal new starts grant program for funding for the KRM
21commuter rail line
. Upon receiving any application for federal funds described in s.
2266.1041 (5), the authority shall promptly submit the application to the appropriate
23federal agency for consideration
.
AB723, s. 22 24Section 22. 59.58 (7) (k) of the statutes is created to read:
AB723,15,3
159.58 (7) (k) 1. The authority may provide nonfinancial transit assistance to
2any interim regional transit authority, including reviewing the transit plans of the
3interim regional transit authority.
AB723,15,64 2. If the authority receives federal or state funding intended to ultimately be
5received by any interim regional transit authority, the authority shall forward this
6funding to the intended recipient.
AB723,15,107 3. Upon request from any municipality or county considering the creation of an
8interim regional transit authority, the authority shall assist the municipality or
9county in determining the amount of incentive funds under par. (L) that the interim
10regional transit authority would likely receive after its creation.
AB723, s. 23 11Section 23. 59.58 (7) (L) of the statutes is created to read:
AB723,15,1812 59.58 (7) (L) 1. From the fees identified in par. (e), the authority may provide
13incentive funds to interim regional transit authorities. Upon application for
14incentive funds by an interim regional transit authority, the board of directors of the
15southeastern regional transit authority shall evaluate the application and provide
16incentive funding in compliance with the provisions of this subsection and the bylaws
17of the southeastern regional transit authority. No incentive funds may be provided
18under this paragraph after June 30, 2011.
AB723,15,2219 2. The board of directors of the southeastern regional transit authority may not
20provide incentive funds to an interim regional transit authority in an amount in
21excess of the total amount of revenue generated by the interim regional transit
22authority from all sources identified in s. 66.1041 (2) (c) 2.
AB723,16,223 3. In evaluating and awarding incentive funding under this paragraph, the
24board of directors of the southeastern regional transit authority shall apply uniform

1criteria to all applicants. The board shall consider all of the following factors in
2evaluating applications by interim regional transit authorities for incentive funds:
AB723,16,43 a. The number of participating political subdivisions in the interim regional
4transit authority.
AB723,16,65 b. All funding sources providing revenue to the interim regional transit
6authority.
AB723,16,77 c. The long-term transit goals for the interim regional transit authority.
AB723,16,98 d. Whether the interim regional transit authority has satisfied any of the
9requirements under s. 66.1041 (6) (c) and (d) ahead of schedule.
AB723,16,1310 4. The bylaws of the southeastern regional transit authority shall specify a
11minimum amount of revenue that must be generated by an interim regional transit
12authority from all sources identified in s. 66.1041 (2) (c) 2. in order to obtain incentive
13funding under this paragraph.
AB723, s. 24 14Section 24. 59.58 (7) (m) of the statutes is created to read:
AB723,16,1815 59.58 (7) (m) 1. Beginning on July 1, 2011, from the aids received by the
16authority under s. 85.20 (4m) (a) 6. f., the authority shall provide incentive funds to
17interim regional transit authorities to assist interim regional transit authorities in
18providing transit service in their jurisdictional areas.
AB723,16,2519 2. The bylaws of the southeastern regional transit authority shall specify a
20method for determining the amount of incentive funding provided under this
21paragraph. Incentive funds provided under this paragraph shall be subject to the
22same requirements and limitations specified in par. (L) 2. and 3. for incentive funds
23provided under that paragraph, and the bylaws described in this subdivision shall
24include the same information specified in par. (L) 4. for incentive funds provided
25under that paragraph.
AB723, s. 25
1Section 25. 59.58 (7) (n) of the statutes is created to read:
AB723,17,62 59.58 (7) (n) 1. After the department of transportation provides a notice
3specified in s. 66.1041 (7) (a), the authority shall assist each interim regional transit
4authority identified in the notice in the winding down process described in s. 66.1041
5(7) (b), including assisting in the orderly transfer of assets and property to the
6southeastern regional transit authority.
AB723,17,207 2. a. Within 120 days after the department of transportation provides a notice
8specified in s. 66.1041 (7) (a), the southeastern regional transit authority shall
9assume responsibility for providing transit service and transit planning within the
10jurisdictional area of each interim regional transit authority identified in the notice
11and, as applicable, within the area described in s. 66.1041 (4) (b) 3. serviced by each
12such interim regional transit authority. In assuming this responsibility, the
13southeastern regional transit authority shall have available all options for providing
14transit service that were formerly available to the interim regional transit authority,
15including those described in s. 66.1041 (4) (a) 1. and (b) 1. and 3., and shall impose
16the taxes under s. 77.708 (1), if the interim regional transit authority identified in
17the notice imposed the taxes and if the southeastern regional transit authority
18adopts a resolution to establish the tax rate. The southeastern regional transit
19authority shall have all powers necessary and convenient to carry out its
20responsibilities under this subdivision.
AB723,18,221 b. Each time the southeastern regional transit authority adopts a resolution
22to establish the tax rate, as described in subd. 2. a., it shall deliver a certified copy
23of the resolution to the department of revenue at least 120 days before its effective
24date. The authority may, by adoption of a resolution by the board of directors, repeal
25the imposition of the taxes under s. 77.708 and shall deliver a certified copy of the

1repeal resolution to the department of revenue at least 120 days before its effective
2date.
AB723,18,173 c. Each time the southeastern regional transit authority adopts a resolution as
4provided in subd. 2. a., it shall specify to the department of revenue the exact
5boundaries of the authority's jurisdictional area. If the boundaries are other than
6a county line on any side of the authority's jurisdictional area, the authority shall
7provide the department with a complete list of all of the 9-digit zip codes that are
8entirely within the authority's jurisdictional area and a complete list of all the street
9addresses that are within the authority's jurisdictional area and not included in any
109-digit zip code that is entirely within the authority's jurisdictional area. The
11authority shall provide a certified copy of the information required under this subd.
122. c. to the department, in the manner, format, and layout prescribed by the
13department, at least 120 days prior to the resolution's effective date. If the
14boundaries of the authority's jurisdictional area subsequently change, the authority
15shall submit a certified copy of the information required under this subd. 2. c. to the
16department, in the manner, format, and layout prescribed by the department, at
17least 120 days prior to the change's effective date.
AB723,18,2218 3. a. For all purposes except those specified in subds. 3. b. and c., upon assuming
19responsibility for transit as provided in subd. 2., the jurisdictional area of the
20authority shall be the combined jurisdictional areas of all interim regional transit
21authorities identified in all notices provided by the department of transportation
22under s. 66.1041 (7) (a).
AB723,19,423 b. For purposes of s. 77.9971 (1), if part but not all of Racine County is included
24in the jurisdictional area described in subd. 3. a., the authority's jurisdictional area
25shall include, in addition to the area in subd. 3. a., all of Racine County unless the

1board of the authority votes to not impose the fees under subch. XIII of ch. 77 in the
2part of Racine County that did not become a participating political subdivision in an
3interim regional transit authority or unless the board of the authority votes to
4remove the member of the board of directors described in par. (c) 1. c.
AB723,19,95 c. For purposes of imposing the taxes under s. 77.708 (1), the southeastern
6regional transit authority's jurisdictional area shall not include the jurisdictional
7area of any interim regional transit authority that did not impose the taxes under
8s. 77.708 (1) before the department of transportation provided the notice specified in
9s. 66.1041 (7) (a) identifying that interim regional transit authority.
AB723,19,2110 4. After the department of transportation provides any notice specified in s.
1166.1041 (7) (a), the southeastern regional transit authority consists of the
12participating political subdivisions of all interim regional transit authorities
13identified in that notice and identified in any prior notice provided by the department
14under s. 66.1041 (7) (a). If Racine County was not a participating political
15subdivision of an interim regional transit authority at the time that the department
16of transportation provided the notice specified in s. 66.1041 (7) (a) identifying an
17interim regional transit authority with participating political subdivisions located
18in Racine County, Racine County may subsequently join the southeastern regional
19transit authority if the governing body of Racine County adopts a resolution to join
20the authority and the board of directors of the authority approves. The bylaws of the
21authority shall specify the necessary contents of such a resolution.
AB723,19,2422 5. After the department of transportation provides the first notice specified in
23s. 66.1041 (7) (a), all of the following apply with respect to the authority's board of
24directors:
AB723,20,3
1a. If any member of the board of directors described in par. (c) 1. a. to g. is from
2a political subdivision that is not a participating political subdivision in an interim
3regional transit authority, the board of directors may vote to remove that member.
AB723,20,74 b. Any member of the board of directors described in par. (c) 1. a. to g. that is
5from a political subdivision which is not a participating political subdivision in an
6interim regional transit authority, and that has not been removed under subd. 5. a.,
7is limited to voting on issues directly related to the KRM commuter rail line.
AB723,20,128 6. After the department of transportation provides the first notice specified in
9s. 66.1041 (7) (a), in addition to the authorization under par. (f) 2., the authority may
10use bond proceeds from the bonds issued under par. (f) for the construction of new
11capital improvements to the authority's transit system or for the acquisition of
12existing transit systems.
AB723,20,1813 7. a. Except as provided in subds. 7. c. and d., after the department of
14transportation provides the first notice specified in s. 66.1041 (7) (a), the authority
15may expend revenues generated by the authority from sources described in s.
1666.1041 (6) (a) for purposes related to the KRM commuter rail line only if these
17revenues are expended in proportion to ridership of the KRM commuter rail line in
18the political subdivision, as calculated under subd. 7. b.
AB723,21,219 b. Annually the department of transportation shall calculate ridership of the
20KRM commuter rail line by estimating the number of transit trips that include use
21of the KRM commuter rail line and that originate in each political subdivision of the
22authority's jurisdictional area, as well as the number of transit trips that include use
23of the KRM commuter rail line and that terminate in each political subdivision of the
24authority's jurisdictional area. For each political subdivision in the authority's
25jurisdictional area, the department shall provide to the authority data showing its

1calculations of the total number of transit trips originating or terminating in that
2political subdivision.
AB723,21,103 c. Except as provided in subd. 7. d., no revenues generated by the authority
4from sources described in s. 66.1041 (6) (a) may be expended for construction,
5operation, or management of the KRM commuter rail line if the expenditure would
6result in a reduction of transit service in the political subdivision where the revenues
7were generated, excluding transit service provided by the KRM commuter rail line.
8This subd. 7. c. does not prohibit the authority from expending revenues generated
9by the authority from sources described in s. 66.1041 (6) (a) for payment of debt
10service on bonds issued under par. (f).
AB723,21,1411 d. By unanimous vote of its full authorized membership, the board of directors
12of the authority may expend revenues generated by the authority from sources
13described in s. 66.1041 (6) (a) for purposes related to the KRM commuter rail line in
14the manner determined by the board, notwithstanding subds. 7. a. and c.
AB723, s. 26 15Section 26. 66.0301 (1) (a) of the statutes, as affected by 2009 Wisconsin Act
1628
, is amended to read:
AB723,22,617 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
18"municipality" means the state or any department or agency thereof, or any city,
19village, town, county, school district, public library system, public inland lake
20protection and rehabilitation district, sanitary district, farm drainage district,
21metropolitan sewerage district, sewer utility district, solid waste management
22system created under s. 59.70 (2), local exposition district created under subch. II of
23ch. 229, local professional baseball park district created under subch. III of ch. 229,
24local professional football stadium district created under subch. IV of ch. 229, local
25cultural arts district created under subch. V of ch. 229, transit authority created

1under s. 66.1039 or 66.1041 and the southeastern regional transit authority under
2s. 59.58 (7) to the extent it is the successor under s. 66.1041 (7) (b) to a transit
3authority created under s. 66.1041
, long-term care district under s. 46.2895, water
4utility district, mosquito control district, municipal electric company, county or city
5transit commission, commission created by contract under this section, taxation
6district, regional planning commission, or city-county health department.
AB723, s. 27 7Section 27. 66.0615 (1) (a) of the statutes is renumbered 66.0615 (1) (ah).
AB723, s. 28 8Section 28. 66.0615 (1) (ad) of the statutes is created to read:
AB723,22,109 66.0615 (1) (ad) "Authority" has the meaning given in s. 66.1041 (1) (a) for an
10interim regional transit authority.
AB723, s. 29 11Section 29. 66.0615 (1) (ge) of the statutes is created to read:
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