2011 - 2012 LEGISLATURE
October 3, 2011 - Introduced by Representatives Roys, Berceau, Hulsey, C. Taylor,
Pocan, Barca, Bernard Schaber, Bewley
and Grigsby, cosponsored by
Senators Risser and C. Larson. Referred to Committee on Transportation.
AB298,1,8 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 (3), 77.75, 77.76
4(1), 77.76 (2), 77.76 (4), 77.77 (1), 77.77 (3), 77.78, 85.063 (3) (b) 1., 85.064 (1)
5(b), 345.05 (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), 77.76 (5) and 345.05 (1) (ag) of the
7statutes; relating to: authorizing the creation of a Dane County regional
8transit authority and making appropriations.
Analysis by the Legislative Reference Bureau
The 2009 Biennial Budget Act (2009 Act 28) authorized the creation of several
regional transit authorities (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

gross receipts or 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, as of September 28, 2011.
This bill restores authorization to create a Dane County RTA, with the same
powers and authority as provided under 2009 Act 28. However, the bill also requires
that the Dane County RTA hold a referendum in the RTA's jurisdictional area, after
board approval of the RTA's imposition of a sales and use tax, before the RTA may
impose the sales and use tax in its jurisdictional area.
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:
AB298, 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 - See PDF for table PDF
AB298, s. 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).
AB298, s. 3 7Section 3. 20.835 (4) (gc) of the statutes is created to read:
AB298,3,138 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 which is affirmed by referendum, except that
121.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited
13to the appropriation account under s. 20.566 (1) (gc).
AB298, s. 4 14Section 4. 32.02 (11) of the statutes, as affected by 2011 Wisconsin Act 32, is
15amended to read:
AB298,3,2016 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.
19V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
20subch. II of ch. 229; or transit authority created under s. 66.1039.
AB298, s. 5 21Section 5. 32.05 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
22is amended to read:
AB298,4,1823 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
24or a county highway committee when so authorized by the county board of
25supervisors, a city council, a village board, a town board, a sewerage commission

1governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
2the secretary of transportation, a commission created by contract under s. 66.0301,
3a joint local water authority created by contract under s. 66.0823, a transit authority
4created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local
5exposition district created under subch. II of ch. 229, a local cultural arts district
6created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
7community development authority under s. 66.1335 shall make an order providing
8for the laying out, relocation and improvement of the public highway, street, alley,
9storm and sanitary sewers, watercourses, water transmission and distribution
10facilities, mass transit facilities, airport, or other transportation facilities, gas or
11leachate extraction systems to remedy environmental pollution from a solid waste
12disposal facility, housing project, redevelopment project, cultural arts facilities,
13exposition center or exposition center facilities which shall be known as the
14relocation order. This order shall include a map or plat showing the old and new
15locations and the lands and interests required. A copy of the order shall, within 20
16days after its issue, be filed with the county clerk of the county wherein the lands are
17located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
18accordance with s. 84.095.
AB298, s. 6 19Section 6. 32.07 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
20amended to read:
AB298,5,621 32.07 (2) The petitioner shall determine necessity if application is by the state
22or any commission, department, board or other branch of state government or by a
23city, village, town, county, school district, board, commission, public officer,
24commission created by contract under s. 66.0301, joint local water authority under
25s. 66.0823, transit authority created under s. 66.1039, redevelopment authority

1created under s. 66.1333, local exposition district created under subch. II of ch. 229,
2local cultural arts district created under subch. V of ch. 229, housing authority
3created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
4feet in width, for a telegraph, telephone or other electric line, for the right-of-way
5for a gas pipeline, main or service or for easements for the construction of any
6elevated structure or subway for railroad purposes.
AB298, s. 7 7Section 7. 40.02 (28) of the statutes, as affected by 2011 Wisconsin Act 32, is
8amended to read:
AB298,5,189 40.02 (28) "Employer" means the state, including each state agency, any
10county, city, village, town, school district, other governmental unit or
11instrumentality of 2 or more units of government now existing or hereafter created
12within the state, any federated public library system established under s. 43.19
13whose territory lies within a single county with a population of 500,000 or more, a
14local exposition district created under subch. II of ch. 229, a transit authority created
15under s. 66.1039,
and a long-term care district created under s. 46.2895, except as
16provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
17cultural arts district created under subch. V of ch. 229. Each employer shall be a
18separate legal jurisdiction for OASDHI purposes.
AB298, s. 8 19Section 8. 66.0301 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
20is amended to read:
AB298,6,1021 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
22"municipality" means the state or any department or agency thereof, or any city,
23village, town, county, school district, public library system, public inland lake
24protection and rehabilitation district, sanitary district, farm drainage district,
25metropolitan sewerage district, sewer utility district, solid waste management

1system created under s. 59.70 (2), local exposition district created under subch. II of
2ch. 229, local professional baseball park district created under subch. III of ch. 229,
3local professional football stadium district created under subch. IV of ch. 229, local
4cultural arts district created under subch. V of ch. 229, transit authority created
5under s. 66.1039,
long-term care district under s. 46.2895, water utility district,
6mosquito control district, municipal electric company, county or city transit
7commission, commission created by contract under this section, taxation district,
8regional planning commission, housing authority created under s. 66.1201,
9redevelopment authority created under s. 66.1333, community development
10authority created under s. 66.1335, or city-county health department.
AB298, s. 9 11Section 9. 66.0903 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 32,
12is amended to read:
AB298,6,1813 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
14state, a special purpose district in this state, an instrumentality or corporation of
15such a political subdivision or special purpose district, a combination or subunit of
16any of the foregoing or an instrumentality of the state and any of the foregoing.
17"Local governmental unit" includes a regional transit authority created under s.
AB298, s. 10 19Section 10. 66.1039 of the statutes is created to read:
AB298,6,20 2066.1039 Transit authorities. (1) Definitions. In this section:
AB298,6,2121 (a) "Authority" means a transit authority created under this section.
AB298,6,2322 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
23obligations of an authority issued under this section.
AB298,6,2424 (c) "Common carrier" means any of the following:
AB298,6,2525 1. A common motor carrier, as defined in s. 194.01 (1).
12. A contract motor carrier, as defined in s. 194.01 (2).
AB298,7,22 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB298,7,33 4. A water carrier, as defined in s. 195.02 (5).
AB298,7,84 (d) "Comprehensive unified local transportation system" means a
5transportation system that is comprised of motor bus lines and any other local public
6transportation facilities, the major portion of which is located within, or the major
7portion of the service of which is supplied to the inhabitants of, the jurisdictional area
8of the authority.
AB298,7,109 (e) "Madison metropolitan planning area" means the metropolitan planning
10area, as defined in 23 USC 134 (b) (1), that includes the city of Madison.
AB298,7,1111 (f) "Municipality" means any city, village, or town.
AB298,7,1412 (g) "Participating political subdivision" means a political subdivision that is a
13member of an authority, either from the time of creation of the authority or by later
14joining the authority.
AB298,7,1515 (h) "Political subdivision" means a municipality or county.
AB298,7,2516 (i) "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.
1(2) Creation of Transit Authorities. (b) Dane County regional transit
1. The Dane County regional transit authority, a public body corporate
3and politic and a separate governmental entity, is created if the governing body of
4Dane County adopts a resolution authorizing the county to become a member of the
5authority. Once created, this authority may transact business and exercise any
6powers granted to it under this section.
AB298,8,97 2. If Dane County adopts a resolution under subd. 1., any municipality located
8in whole or in part within the Madison metropolitan planning area on January 1,
92003, shall be a member of the authority.
AB298,8,1410 3. Any municipality located in whole or in part within Dane County that is not
11located in whole or in part within the Madison metropolitan planning area on
12January 1, 2003, may join the authority created under subd. 1. if the governing body
13of the municipality adopts a resolution to join the authority and the board of directors
14of the authority approves the municipality's joinder.
AB298,8,1715 4. The jurisdictional area of the authority created under this paragraph is the
16geographic area formed by the Madison metropolitan planning area combined with
17the territorial boundaries of all municipalities that join the authority under subd. 3.
AB298,8,2218 5. For purposes of determining a municipality's territorial boundaries and the
19geographic area formed by the Madison metropolitan planning area, annexed
20territory that was subject to an unresolved challenge on January 1, 2003, shall not
21be considered part of the annexing municipality or the Madison metropolitan
22planning area.