2017 - 2018 LEGISLATURE
February 8, 2018 - Introduced by Representatives Barca, Sinicki, Neubauer,
Crowley, Ohnstad, Fields, Zamarripa, Zepnick, Young, Wachs, Berceau,
Spreitzer and Brostoff, cosponsored by Senators Carpenter, Larson and L.
Taylor
. Referred to Committee on Transportation.
AB922,1,8 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 (2), 77.73 (2m), 77.73 (3),
477.75, 77.76 (1), 77.76 (2), 77.76 (4), 77.77 (1), 77.77 (3), 77.78, 85.064 (1) (b),
5345.05 (2) and 611.11 (4) (a); and to create 20.566 (1) (gc), 20.835 (4) (gc),
666.1039, 77.54 (9a) (er), 77.708, 77.76 (3r) and 345.05 (1) (ag) of the statutes;
7relating to: authorizing the creation of a Southeast Regional Transit
8Authority and making appropriations.
Analysis by the Legislative Reference Bureau
This bill authorizes the creation of a regional transit authority (RTA) in
southeastern Wisconsin.
The 2009 Biennial Budget Act (2009 Act 28) authorized the creation of several
RTAs: 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.
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 authorizes the creation of a Southeast RTA, with the same powers and
authority as provided to RTAs under 2009 Act 28. Under the bill, the counties of
Kenosha, Racine, and Milwaukee may join together to jointly create the Southeast
RTA if the governing body of each county adopts a resolution authorizing the county
to become a member of the RTA, each resolution is ratified by the electors at a
referendum held in the county, and the resolutions of all of these counties are
identical. Resolutions creating the Southeast RTA must include provisions
specifying the number and composition of the RTA's board of directors. The
jurisdictional area of the RTA is the geographic area formed by the combined
territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.
This bill recreates the provisions of 2009 Act 28 to establish the powers and
duties of the Southeast RTA. In brief, the RTA's authority is vested in its board of
directors and its bylaws govern its management, operations, and administration.
The RTA may 1) operate a transportation system or provide for its operation by
contracting with a public or private organization; 2) impose, by its board of directors
adopting a resolution, a sales and use tax in the RTA's jurisdictional area at a rate,
in one-tenth increments, not exceeding 0.5 percent of the sales price if certain
conditions are satisfied; 3) acquire property by condemnation; and 4) issue
tax-exempt revenue bonds. The Southeast 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 the Southeast 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 county.
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:
AB922,1 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
AB922,2 1Section 2. 20.566 (1) (gc) of the statutes is created to read:
AB922,3,72 20.566 (1) (gc) Administration of transit authority taxes. From the moneys
3received from the appropriation account under s. 20.835 (4) (gc), the amounts in the
4schedule for the purpose of administering the transit authority taxes imposed under
5s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the
6unencumbered balance in this appropriation account shall be transferred to the
7appropriation account under s. 20.835 (4) (gc).
AB922,3 8Section 3. 20.835 (4) (gc) of the statutes is created to read:
AB922,3,149 20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes
10imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc),
11for the purpose of distribution to the transit authorities that adopt a resolution
12imposing taxes under subch. V of ch. 77 which is affirmed by referendum, except that
131.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited
14to the appropriation account under s. 20.566 (1) (gc).
AB922,4 15Section 4. 32.02 (11) of the statutes is amended to read:
AB922,4,216 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
17redevelopment authority created under s. 66.1333; community development
18authority created under s. 66.1335; local cultural arts district created under subch.

1V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
2subch. II of ch. 229; or transit authority created under s. 66.1039.
AB922,5 3Section 5. 32.05 (1) (a) of the statutes is amended to read:
AB922,4,244 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
5or a county highway committee when so authorized by the county board of
6supervisors, a city council, a village board, a town board, a sewerage commission
7governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
8the secretary of transportation, a commission created by contract under s. 66.0301,
9a joint local water authority created by contract under s. 66.0823, a transit authority
10created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local
11exposition district created under subch. II of ch. 229, a local cultural arts district
12created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
13community development authority under s. 66.1335 shall make an order providing
14for the laying out, relocation and improvement of the public highway, street, alley,
15storm and sanitary sewers, watercourses, water transmission and distribution
16facilities, mass transit facilities, airport, or other transportation facilities, gas or
17leachate extraction systems to remedy environmental pollution from a solid waste
18disposal facility, housing project, redevelopment project, cultural arts facilities,
19exposition center or exposition center facilities which shall be known as the
20relocation order. This order shall include a map or plat showing the old and new
21locations and the lands and interests required. A copy of the order shall, within 20
22days after its issue, be filed with the county clerk of the county wherein the lands are
23located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
24accordance with s. 84.095.
AB922,6 25Section 6. 32.07 (2) of the statutes is amended to read:
AB922,5,11
132.07 (2) The petitioner shall determine necessity if application is by the state
2or any commission, department, board or other branch of state government or by a
3city, village, town, county, school district, board, commission, public officer,
4commission created by contract under s. 66.0301, joint local water authority under
5s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
6created under s. 66.1333, local exposition district created under subch. II of ch. 229,
7local cultural arts district created under subch. V of ch. 229, housing authority
8created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
9feet in width, for a telegraph, telephone or other electric line, for the right-of-way
10for a gas pipeline, main or service or for easements for the construction of any
11elevated structure or subway for railroad purposes.
AB922,7 12Section 7. 40.02 (28) of the statutes is amended to read:
AB922,5,2213 40.02 (28) “Employer" means the state, including each state agency, any
14county, city, village, town, school district, other governmental unit or
15instrumentality of 2 or more units of government now existing or hereafter created
16within the state, any federated public library system established under s. 43.19
17whose territory lies within a single county with a population of 500,000 or more, a
18local exposition district created under subch. II of ch. 229, a transit authority created
19under s. 66.1039,
and a long-term care district created under s. 46.2895, except as
20provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local
21cultural arts district created under subch. V of ch. 229. Each employer shall be a
22separate legal jurisdiction for OASDHI purposes.
AB922,8 23Section 8. 66.0301 (1) (a) of the statutes is amended to read:
AB922,6,1524 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
25“municipality" means the state or any department or agency thereof, or any city,

1village, town, county, or school district, the opportunity schools and partnership
2programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
3schools opportunity schools and partnership program under s. 119.33, or any public
4library system, public inland lake protection and rehabilitation district, sanitary
5district, farm drainage district, metropolitan sewerage district, sewer utility district,
6solid waste management system created under s. 59.70 (2), local exposition district
7created under subch. II of ch. 229, local professional baseball park district created
8under subch. III of ch. 229, local professional football stadium district created under
9subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
10transit authority created under s. 66.1039, long-term care district under s. 46.2895,
11water utility district, mosquito control district, municipal electric company, county
12or city transit commission, commission created by contract under this section,
13taxation district, regional planning commission, housing authority created under s.
1466.1201, redevelopment authority created under s. 66.1333, community
15development authority created under s. 66.1335, or city-county health department.
AB922,9 16Section 9. 66.0903 (1) (d) of the statutes is amended to read:
AB922,6,2117 66.0903 (1) (d) “Local governmental unit" means a political subdivision of this
18state, a special purpose district in this state, an instrumentality or corporation of
19such a political subdivision or special purpose district, a combination or subunit of
20any of the foregoing or an instrumentality of the state and any of the foregoing.
21“Local governmental unit" includes a transit authority created under s. 66.1039.
AB922,10 22Section 10. 66.1039 of the statutes is created to read:
AB922,6,23 2366.1039 Transit authorities. (1) Definitions. In this section:
AB922,6,2424 (a) “Authority" means a transit authority created under this section.
AB922,7,2
1(b) “Bonds" means any bonds, interim certificates, notes, debentures, or other
2obligations of an authority issued under this section.
AB922,7,33 (c) “Common carrier" means any of the following:
AB922,7,44 1. A common motor carrier, as defined in s. 194.01 (1).
AB922,7,55 2. A contract motor carrier, as defined in s. 194.01 (2).
AB922,7,66 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB922,7,77 4. A water carrier, as defined in s. 195.02 (5).
AB922,7,128 (d) “Comprehensive unified local transportation system" means a
9transportation system that is comprised of motor bus lines and any other local public
10transportation facilities, the major portion of which is located within, or the major
11portion of the service of which is supplied to the inhabitants of, the jurisdictional area
12of the authority.
AB922,7,1413 (f) “Participating political subdivision" means a political subdivision that is a
14member of an authority.
AB922,7,1515 (g) “Political subdivision" means a county.
AB922,7,2516 (h) “Transportation system" means all land, shops, structures, equipment,
17property, franchises, and rights of whatever nature required for transportation of
18passengers within the jurisdictional area of the authority and, only to the extent
19specifically authorized under this section, outside the jurisdictional area of the
20authority. “Transportation system" includes elevated railroads, subways,
21underground railroads, motor vehicles, motor buses, and any combination thereof,
22and any other form of mass transportation, but does not include transportation
23excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter
24or contract operations to, from, or between points that are outside the jurisdictional
25area of the authority.
AB922,8,10
1(2) Creation of transit authorities. (d) Southeast regional transit authority.
21. The counties of Kenosha, Racine, and Milwaukee may join together to jointly
3create a public body corporate and politic and a separate governmental entity, known
4as the “Southeast Regional Transit Authority,” if the governing body of each such
5county adopts a resolution authorizing the county to become a member of the
6authority, each resolution is ratified by the electors at a referendum held in the
7county, and all such resolutions are identical to each other. Once created, the
8members of the authority shall consist of the counties of Kenosha, Racine, and
9Milwaukee. Once created, the authority may transact business and exercise any
10powers granted to it under this section.
AB922,8,1311 3. The jurisdictional area of an authority created under this paragraph is the
12geographic area formed by the combined territorial boundaries of the counties of
13Kenosha, Racine, and Milwaukee.
AB922,8,19 14(3) Transit authority governance. (a) The powers of an authority shall be
15vested in its board of directors. Directors shall be appointed for 4-year terms. A
16majority of the board of directors' full authorized membership constitutes a quorum
17for the purpose of conducting the authority's business and exercising its powers.
18Action may be taken by the board of directors upon a vote of a majority of the directors
19present and voting, unless the bylaws of the authority require a larger number.
AB922,8,2220 (e) If an authority is created under sub. (2) (d), the resolutions creating the
21authority under sub. (2) (d) 1. shall include identical provisions specifying the
22number and composition of the authority's board of directors.
AB922,8,2523 (g) The bylaws of an authority shall govern its management, operations, and
24administration, consistent with the provisions of this section, and shall include
25provisions specifying all of the following:
AB922,9,1
11. The functions or services to be provided by the authority.
AB922,9,22 2. The powers, duties, and limitations of the authority.
AB922,9,43 3. The maximum rate of the taxes that may be imposed by the authority under
4sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
AB922,9,65 4. The composition of the board of directors of the authority, as determined
6under par. (e).
AB922,9,9 7(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
8chapter or ch. 59 or 85, an authority may do all of the following, to the extent
9authorized in the authority's bylaws:
AB922,9,1110 (a) Establish, maintain, and operate a comprehensive unified local
11transportation system primarily for the transportation of persons.
AB922,9,1412 (b) Acquire a comprehensive unified local transportation system and provide
13funds for the operation and maintenance of the system. Upon the acquisition of a
14comprehensive unified local transportation system, the authority may:
AB922,9,1615 1. Operate and maintain it or lease it to an operator or contract for its use by
16an operator.
AB922,9,1817 2. Contract for superintendence of the system with an organization that has
18personnel with the requisite experience and skill.
AB922,9,2119 3. Delegate responsibility for the operation and maintenance of the system to
20an appropriate administrative officer, board, or commission of a participating
21political subdivision.
AB922,9,2322 4. Maintain and improve railroad rights-of-way and improvements on these
23rights-of-way for future use.
AB922,9,2524 (c) Contract with a public or private organization to provide transportation
25services in lieu of directly providing these services.
AB922,10,2
1(d) Purchase and lease transportation facilities to public or private transit
2companies that operate within and outside the jurisdictional area.
AB922,10,43 (e) Apply for federal aids to purchase transportation facilities considered
4essential for the authority's operation.
AB922,10,135 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
6for residents who reside within the jurisdictional area and who are disabled or aged
760 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
842 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
9administered by the county. An authority may contract with a county that is a
10participating political subdivision for the authority to provide specialized
11transportation services, but an authority is not an eligible applicant under s. 85.21
12(2) (e) and may not receive payments directly from the department of transportation
13under s. 85.21.
AB922,10,1614 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
15of, mortgage, pledge, or grant a security interest in any real or personal property or
16service.
AB922,10,1817 (h) Acquire property by condemnation using the procedure under s. 32.05 for
18the purposes set forth in this section.
AB922,10,2519 (i) Enter upon any state, county, or municipal street, road, or alley, or any public
20highway for the purpose of installing, maintaining, and operating the authority's
21facilities. Whenever the work is to be done in a state, county, or municipal highway,
22street, road, or alley, the public authority having control thereof shall be duly
23notified, and the highway, street, road, or alley shall be restored to as good a condition
24as existed before the commencement of the work with all costs incident to the work
25to be borne by the authority.
AB922,11,2
1(j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
2facilities, and services provided by the authority.
AB922,11,43 (k) Make, and from time to time amend and repeal, bylaws, rules, and
4regulations to carry into effect the powers and purposes of the authority.
AB922,11,55 (L) Sue and be sued in its own name.
AB922,11,66 (m) Have and use a corporate seal.
AB922,11,97 (n) Employ agents, consultants, and employees, engage professional services,
8and purchase such furniture, stationery, and other supplies and materials as are
9reasonably necessary to perform its duties and exercise its powers.
AB922,11,1110 (o) Incur debts, liabilities, or obligations including the borrowing of money and
11the issuance of bonds under subs. (7) and (10).
AB922,11,1512 (p) Invest any funds held in reserve or sinking funds, or any funds not required
13for immediate disbursement, including the proceeds from the sale of any bonds, in
14such obligations, securities, and other investments as the authority deems proper in
15accordance with s. 66.0603 (1m).
AB922,11,1716 (q) Do and perform any acts and things authorized by this section under,
17through, or by means of an agent or by contracts with any person.
AB922,11,2018 (r) Exercise any other powers that the board of directors considers necessary
19and convenient to effectuate the purposes of the authority, including providing for
20passenger safety.
AB922,12,221 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
22under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts
23a resolution to impose the taxes, it shall deliver a certified copy of the resolution to
24the department of revenue at least 120 days before its effective date. The authority
25may, by adoption of a resolution by the board of directors, repeal the imposition of

1taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal
2resolution to the department of revenue at least 120 days before its effective date.
AB922,12,103 2. If an authority adopts a resolution to impose the tax, as provided in subd.
41., an authority shall specify to the department of revenue, as provided in this
5subdivision, the boundaries of the authority's jurisdictional area by specifying the
6counties that comprise the authority's entire jurisdictional area. The authority shall
7provide a certified copy of the information required under this subdivision to the
8department, in the manner, format, and layout prescribed by the department, at
9least 120 days prior to the first day of the calendar quarter before the effective date
10of the tax imposed under subd. 1.
AB922,12,1511 3. Notwithstanding subd. 1., an authority created under sub. (2) (d) may not
12impose the taxes authorized under subd. 1. unless the authorizing resolutions under
13sub. (2) (d) 1., as well as the referendum question on the referendum ballot specified
14in sub. (2) (d) 1., each clearly identify the maximum rate of the taxes that may be
15imposed by the authority under subd. 1.
AB922,12,22 16(5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c),
17(d), (q), and (r), no authority, and no public or private organization with which an
18authority has contracted for service, may provide service outside the jurisdictional
19area of the authority unless the authority receives financial support for the service
20under a contract with a public or other private organization for the service or unless
21it is necessary in order to provide service to connect residents within the authority's
22jurisdictional area to transit systems in adjacent counties.
AB922,13,623 (b) Whenever the proposed operations of an authority would be competitive
24with the operations of a common carrier in existence prior to the time the authority
25commences operations, the authority shall coordinate proposed operations with the

1common carrier to eliminate adverse financial impact for the carrier. This
2coordination may include route overlapping, transfers, transfer points, schedule
3coordination, joint use of facilities, lease of route service, and acquisition of route and
4corollary equipment. If this coordination does not result in mutual agreement, the
5proposals of the authority and the common carrier shall be submitted to the
6department of transportation for arbitration.
AB922,13,97 (c) In exercising its powers under sub. (4), an authority shall consider any plan
8of a metropolitan planning organization under 23 USC 134 that covers any portion
9of the authority's jurisdictional area.
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