2017 - 2018 LEGISLATURE
June 23, 2017 - Introduced by Senators Vinehout, Carpenter and Miller,
cosponsored by Representatives
Wachs, Berceau, Brostoff, Crowley, Fields,
Ohnstad, Spreitzer and Subeck. Referred to Committee on Government
Operations, Technology and Consumer Protection.
1An Act to amend
32.02 (11), 32.05 (1) (a), 32.07 (2), 40.02 (28), 66.0301 (1) (a), 2
66.0903 (1) (d), 67.01 (5), 70.11 (2), 71.26 (1) (b), chapter 77 (title), subchapter 3
V (title) of chapter 77 [precedes 77.70], 77.71, 77.73, 77.75, 77.76 (1), 77.76 (2), 4
77.76 (4), 77.77 (1), 77.77 (3), 77.78, 85.064 (1) (b), 345.05 (2) and 611.11 (4) (a); 5to repeal and recreate
111.70 (1) (j); and to create
20.566 (1) (gc), 20.835 (4) 6
(gc), 66.1039, 77.54 (9a) (er), 77.708, 77.76 (3r) and 345.05 (1) (ag) of the 7
statutes; relating to: authorizing the creation of a Chippewa Valley regional
8transit authority and making appropriations.
Analysis by the Legislative Reference Bureau
This bill authorizes the creation of the Chippewa Valley Regional Transit
The 2009 Biennial Budget Act (2009 Act 28
) authorized the creation of several
regional transit authorities: the Dane County RTA, the Chippewa Valley RTA, and
the Chequamegon Bay RTA. Under 2009 Act 28
, each RTA, once created, is a public
body corporate and politic and a separate governmental entity. An RTA's authority
is vested in its board of directors, and its bylaws govern its management, operations,
and administration. Among its powers, an RTA may operate a transportation system
or provide for its operation by contracting with a public or private organization;
impose, by its board of directors adopting a resolution, a sales and use tax in the
RTA's jurisdictional area at a rate not exceeding 0.5 percent of the sales price if
certain conditions are satisfied; acquire property by condemnation; and issue
tax-exempt revenue bonds. An RTA has a duty to provide, or contract for the
provision of, transit service within the RTA's jurisdictional area. Rates and other
charges received by an RTA must be used only for the general expenses and capital
expenditures of the RTA; to pay interest, amortization, and retirement charges on
the RTA's revenue bonds; and for specific purposes of the RTA and may not be
transferred to any political subdivision. With respect to the Chippewa Valley RTA,
Act 28 included partial vetoes of provisions that would have required a referendum
before the Chippewa Valley RTA could be created or impose a sales and use tax.
The 2011 Biennial Budget Act (2011 Act 32
) eliminated authorization to create
an RTA and dissolved the Dane County RTA, the Chippewa Valley RTA, and the
Chequamegon Bay RTA to the extent previously created.
This bill restores authorization to create the Chippewa Valley RTA, with
essentially the same powers and authority as provided under 2009 Act 28
that the bill imposes the referendum requirements that were partially vetoed in Act
28. Also unlike Act 28, under the bill, if the Chippewa Valley RTA imposes a sales
and use tax, a member of the RTA may not levy property taxes for transit purposes
greater than the property taxes levied for transit purposes in the year before the
RTA's sales and use tax is imposed.
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:
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 2
the following amounts for the purposes indicated:
- See PDF for table
20.566 (1) (gc) of the statutes is created to read:
(gc) Administration of transit authority taxes.
From the moneys 2
received from the appropriation account under s. 20.835 (4) (gc), the amounts in the 3
schedule for the purpose of administering the transit authority taxes imposed under 4
s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the 5
unencumbered balance in this appropriation account shall be transferred to the 6
appropriation account under s. 20.835 (4) (gc).
20.835 (4) (gc) of the statutes is created to read:
(gc) Transit authority taxes.
All moneys received from the taxes 9
imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc), 10
for the purpose of distribution to the transit authorities that adopt a resolution 11
imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues 12
collected under subch. V of ch. 77 shall be credited to the appropriation account under 13
s. 20.566 (1) (gc).
32.02 (11) of the statutes is amended to read:
Any housing authority created under ss. 66.1201 to 66.1211; 16
redevelopment authority created under s. 66.1333; community development 17
authority created under s. 66.1335; local cultural arts district created under subch. 18
V of ch. 229, subject to s. 229.844 (4) (c); or
local exposition district created under 19
subch. II of ch. 229; or transit authority created under s. 66.1039
32.05 (1) (a) of the statutes is amended to read:
(a) Except as provided under par. (b), a county board of supervisors 22
or a county highway committee when so authorized by the county board of 23
supervisors, a city council, a village board, a town board, a sewerage commission 24
governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, 25
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
2created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local 3
exposition district created under subch. II of ch. 229, a local cultural arts district 4
created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a 5
community development authority under s. 66.1335 shall make an order providing 6
for the laying out, relocation and improvement of the public highway, street, alley, 7
storm and sanitary sewers, watercourses, water transmission and distribution 8
facilities, mass transit facilities, airport, or other transportation facilities, gas or 9
leachate extraction systems to remedy environmental pollution from a solid waste 10
disposal facility, housing project, redevelopment project, cultural arts facilities, 11
exposition center or exposition center facilities which shall be known as the 12
relocation order. This order shall include a map or plat showing the old and new 13
locations and the lands and interests required. A copy of the order shall, within 20 14
days after its issue, be filed with the county clerk of the county wherein the lands are 15
located or, in lieu of filing a copy of the order, a plat may be filed or recorded in 16
accordance with s. 84.095.
32.07 (2) of the statutes is amended to read:
The petitioner shall determine necessity if application is by the state 19
or any commission, department, board or other branch of state government or by a 20
city, village, town, county, school district, board, commission, public officer, 21
commission created by contract under s. 66.0301, joint local water authority under 22
s. 66.0823, transit authority created under s. 66.1039,
redevelopment authority 23
created under s. 66.1333, local exposition district created under subch. II of ch. 229, 24
local cultural arts district created under subch. V of ch. 229, housing authority 25
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 2
for a gas pipeline, main or service or for easements for the construction of any 3
elevated structure or subway for railroad purposes.
40.02 (28) of the statutes is amended to read:
“Employer" means the state, including each state agency, any 6
county, city, village, town, school district, other governmental unit or 7
instrumentality of 2 or more units of government now existing or hereafter created 8
within the state, any federated public library system established under s. 43.19 9
whose territory lies within a single county with a population of 500,000 or more, a 10
local exposition district created under subch. II of ch. 229, a transit authority created
11under s. 66.1039,
and a long-term care district created under s. 46.2895, except as 12
provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local 13
cultural arts district created under subch. V of ch. 229. Each employer shall be a 14
separate legal jurisdiction for OASDHI purposes.
66.0301 (1) (a) of the statutes is amended to read:
(a) Except as provided in pars. (b) and (c), in this section 17
“municipality" means the state or any department or agency thereof, or any city, 18
village, town, county, or school district, the opportunity schools and partnership 19
programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of 20
schools opportunity schools and partnership program under s. 119.33, or any public 21
library system, public inland lake protection and rehabilitation district, sanitary 22
district, farm drainage district, metropolitan sewerage district, sewer utility district, 23
solid waste management system created under s. 59.70 (2), local exposition district 24
created under subch. II of ch. 229, local professional baseball park district created 25
under subch. III of ch. 229, local professional football stadium district created under
subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, 2transit authority created under s. 66.1039,
long-term care district under s. 46.2895, 3
water utility district, mosquito control district, municipal electric company, county 4
or city transit commission, commission created by contract under this section, 5
taxation district, regional planning commission, housing authority created under s. 6
66.1201, redevelopment authority created under s. 66.1333, community 7
development authority created under s. 66.1335, or city-county health department.
66.0903 (1) (d) of the statutes is amended to read:
(d) “Local governmental unit" means a political subdivision of this 10
state, a special purpose district in this state, an instrumentality or corporation of 11
such a political subdivision or special purpose district, a combination or subunit of 12
any of the foregoing or an instrumentality of the state and any of the foregoing. 13“Local governmental unit" includes a regional transit authority created under s.
66.1039 of the statutes is created to read:
1666.1039 Transit authorities.
In this section:
(a) “Authority" means a transit authority created under this section.
(b) “Bonds" means any bonds, interim certificates, notes, debentures, or other 19
obligations of an authority issued under this section.
(c) “Common carrier" means any of the following:
1. A common motor carrier, as defined in s. 194.01 (1).
2. A contract motor carrier, as defined in s. 194.01 (2).
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
4. A water carrier, as defined in s. 195.02 (5).
(d) “Comprehensive unified local transportation system" means a 2
transportation system that is comprised of motor bus lines and any other local public 3
transportation facilities, the major portion of which is located within, or the major 4
portion of the service of which is supplied to the inhabitants of, the jurisdictional area 5
of the authority.
(e) “Municipality" means any city, village, or town.
(f) “Participating political subdivision" means a political subdivision that is a 8
member of an authority, either from the time of creation of the authority or by later 9
joining the authority.
(g) “Political subdivision" means a municipality or county.
(h) “Transportation system" means all land, shops, structures, equipment, 12
property, franchises, and rights of whatever nature required for transportation of 13
passengers within the jurisdictional area of the authority and, only to the extent 14
specifically authorized under this section, outside the jurisdictional area of the 15
authority. “Transportation system" includes elevated railroads, subways, 16
underground railroads, motor vehicles, motor buses, and any combination thereof, 17
and any other form of mass transportation, but does not include transportation 18
excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter 19
or contract operations to, from, or between points that are outside the jurisdictional 20
area of the authority.
21(2) Creation of transit authorities.
(c) Chippewa Valley regional transit
1. The Chippewa Valley regional transit authority, a public body corporate 23
and politic and a separate governmental entity, is created if the governing body of 24
Eau Claire County adopts a resolution authorizing the county to become a member 25
of the authority and the resolution is ratified by the electors at a referendum held in
Eau Claire County. Once created, this authority may transact business and exercise 2
any powers granted to it under this section.
2. If an authority is created under subd. 1., any municipality located in whole 4
or in part within Eau Claire County shall be a member of the authority.
3. After an authority is created under subd. 1., Chippewa County may join the 6
authority created under subd. 1. if the governing body of Chippewa County adopts 7
a resolution to join the authority and the resolution is ratified by the electors at a 8
referendum held in Chippewa County.
4. If Chippewa County joins an authority as provided in subd. 3., any 10
municipality located in whole or in part within Chippewa County shall be a member 11
of the authority.
5. The jurisdictional area of the authority created under this paragraph is the 13
territorial boundaries of Eau Claire County or, if Chippewa County also joins the 14
authority as provided in subd. 3., the combined territorial boundaries of Eau Claire 15
County and Chippewa County.