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.
SB323,1,8 1An Act to amend 32.02 (11), 32.05 (1) (a), 32.07 (2), 40.02 (28), 66.0301 (1) (a),
266.0903 (1) (d), 67.01 (5), 70.11 (2), 71.26 (1) (b), chapter 77 (title), subchapter
3V (title) of chapter 77 [precedes 77.70], 77.71, 77.73, 77.75, 77.76 (1), 77.76 (2),
477.76 (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
7statutes; 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
Authority (RTA).
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, except
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:
SB323,1 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
SB323,2 3Section 2. 20.566 (1) (gc) of the statutes is created to read:
120.566 (1) (gc) Administration of transit authority taxes. From the moneys
2received from the appropriation account under s. 20.835 (4) (gc), the amounts in the
3schedule for the purpose of administering the transit authority taxes imposed under
4s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the
5unencumbered balance in this appropriation account shall be transferred to the
6appropriation account under s. 20.835 (4) (gc).
SB323,3 7Section 3. 20.835 (4) (gc) of the statutes is created to read:
SB323,3,138 20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes
9imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc),
10for the purpose of distribution to the transit authorities that adopt a resolution
11imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues
12collected under subch. V of ch. 77 shall be credited to the appropriation account under
13s. 20.566 (1) (gc).
SB323,4 14Section 4. 32.02 (11) of the statutes is amended to read:
SB323,3,1915 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
16redevelopment authority created under s. 66.1333; community development
17authority created under s. 66.1335; local cultural arts district created under subch.
18V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
19subch. II of ch. 229; or transit authority created under s. 66.1039.
SB323,5 20Section 5. 32.05 (1) (a) of the statutes is amended to read:
SB323,4,1621 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
22or a county highway committee when so authorized by the county board of
23supervisors, a city council, a village board, a town board, a sewerage commission
24governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
25the secretary of transportation, a commission created by contract under s. 66.0301,

1a 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
3exposition district created under subch. II of ch. 229, a local cultural arts district
4created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
5community development authority under s. 66.1335 shall make an order providing
6for the laying out, relocation and improvement of the public highway, street, alley,
7storm and sanitary sewers, watercourses, water transmission and distribution
8facilities, mass transit facilities, airport, or other transportation facilities, gas or
9leachate extraction systems to remedy environmental pollution from a solid waste
10disposal facility, housing project, redevelopment project, cultural arts facilities,
11exposition center or exposition center facilities which shall be known as the
12relocation order. This order shall include a map or plat showing the old and new
13locations and the lands and interests required. A copy of the order shall, within 20
14days after its issue, be filed with the county clerk of the county wherein the lands are
15located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
16accordance with s. 84.095.
SB323,6 17Section 6. 32.07 (2) of the statutes is amended to read:
SB323,5,318 32.07 (2) The petitioner shall determine necessity if application is by the state
19or any commission, department, board or other branch of state government or by a
20city, village, town, county, school district, board, commission, public officer,
21commission created by contract under s. 66.0301, joint local water authority under
22s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
23created under s. 66.1333, local exposition district created under subch. II of ch. 229,
24local cultural arts district created under subch. V of ch. 229, housing authority
25created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100

1feet in width, for a telegraph, telephone or other electric line, for the right-of-way
2for a gas pipeline, main or service or for easements for the construction of any
3elevated structure or subway for railroad purposes.
SB323,7 4Section 7. 40.02 (28) of the statutes is amended to read:
SB323,5,145 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,
and a long-term care district created under s. 46.2895, except as
12provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local
13cultural arts district created under subch. V of ch. 229. Each employer shall be a
14separate legal jurisdiction for OASDHI purposes.
SB323,8 15Section 8. 66.0301 (1) (a) of the statutes is amended to read:
SB323,6,716 66.0301 (1) (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,
18village, town, county, or school district, the opportunity schools and partnership
19programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
20schools opportunity schools and partnership program under s. 119.33, or any public
21library system, public inland lake protection and rehabilitation district, sanitary
22district, farm drainage district, metropolitan sewerage district, sewer utility district,
23solid waste management system created under s. 59.70 (2), local exposition district
24created under subch. II of ch. 229, local professional baseball park district created
25under subch. III of ch. 229, local professional football stadium district created under

1subch. 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,
3water utility district, mosquito control district, municipal electric company, county
4or city transit commission, commission created by contract under this section,
5taxation district, regional planning commission, housing authority created under s.
666.1201, redevelopment authority created under s. 66.1333, community
7development authority created under s. 66.1335, or city-county health department.
SB323,9 8Section 9. 66.0903 (1) (d) of the statutes is amended to read:
SB323,6,149 66.0903 (1) (d) “Local governmental unit" means a political subdivision of this
10state, a special purpose district in this state, an instrumentality or corporation of
11such a political subdivision or special purpose district, a combination or subunit of
12any 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.
SB323,10 15Section 10. 66.1039 of the statutes is created to read:
SB323,6,16 1666.1039 Transit authorities. (1) Definitions. In this section:
SB323,6,1717 (a) “Authority" means a transit authority created under this section.
SB323,6,1918 (b) “Bonds" means any bonds, interim certificates, notes, debentures, or other
19obligations of an authority issued under this section.
SB323,6,2020 (c) “Common carrier" means any of the following:
SB323,6,2121 1. A common motor carrier, as defined in s. 194.01 (1).
SB323,6,2222 2. A contract motor carrier, as defined in s. 194.01 (2).
SB323,6,2323 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
SB323,6,2424 4. A water carrier, as defined in s. 195.02 (5).
1(d) “Comprehensive unified local transportation system" means a
2transportation system that is comprised of motor bus lines and any other local public
3transportation facilities, the major portion of which is located within, or the major
4portion of the service of which is supplied to the inhabitants of, the jurisdictional area
5of the authority.
SB323,7,66 (e) “Municipality" means any city, village, or town.
SB323,7,97 (f) “Participating political subdivision" means a political subdivision that is a
8member of an authority, either from the time of creation of the authority or by later
9joining the authority.
SB323,7,1010 (g) “Political subdivision" means a municipality or county.
SB323,7,2011 (h) “Transportation system" means all land, shops, structures, equipment,
12property, franchises, and rights of whatever nature required for transportation of
13passengers within the jurisdictional area of the authority and, only to the extent
14specifically authorized under this section, outside the jurisdictional area of the
15authority. “Transportation system" includes elevated railroads, subways,
16underground railroads, motor vehicles, motor buses, and any combination thereof,
17and any other form of mass transportation, but does not include transportation
18excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter
19or contract operations to, from, or between points that are outside the jurisdictional
20area of the authority.
SB323,8,2 21(2) Creation of transit authorities. (c) Chippewa Valley regional transit
1. The Chippewa Valley regional transit authority, a public body corporate
23and politic and a separate governmental entity, is created if the governing body of
24Eau Claire County adopts a resolution authorizing the county to become a member
25of the authority and the resolution is ratified by the electors at a referendum held in

1Eau Claire County. Once created, this authority may transact business and exercise
2any powers granted to it under this section.
SB323,8,43 2. If an authority is created under subd. 1., any municipality located in whole
4or in part within Eau Claire County shall be a member of the authority.
SB323,8,85 3. After an authority is created under subd. 1., Chippewa County may join the
6authority created under subd. 1. if the governing body of Chippewa County adopts
7a resolution to join the authority and the resolution is ratified by the electors at a
8referendum held in Chippewa County.
SB323,8,119 4. If Chippewa County joins an authority as provided in subd. 3., any
10municipality located in whole or in part within Chippewa County shall be a member
11of the authority.
SB323,8,1512 5. The jurisdictional area of the authority created under this paragraph is the
13territorial boundaries of Eau Claire County or, if Chippewa County also joins the
14authority as provided in subd. 3., the combined territorial boundaries of Eau Claire
15County and Chippewa County.