AB36: Bill Text

LRB-1085/1

ARG&JK:wlj:rs

2011 - 2012 LEGISLATURE

2011 Assembly BILL 36

February 28, 2011 - Introduced by Representatives Nass, Ripp, Vos, Wynn, Pridemore, Mursau, Petersen, Nygren, Kerkman, August and LeMahieu, cosponsored by Senators Grothman, Wanggaard, Lazich, Vukmir, Lasee and Moulton. Referred to Committee on Transportation.

AB36,2,2 An Act to repeal 20.566 (1) (gc), 20.566 (1) (gh), 20.835 (4) (gc), 20.835 (4) (gh), 20.866 (2) (uq), 59.58 (6), 59.58 (7), 59.58 (7) (i) and (j), 66.1039, 71.05 (1) (c) 9., 71.26 (1m) (j), 71.45 (1t) (j), 77.54 (9a) (er), 77.708, 77.76 (3r), 77.76 (5), subchapter XIII (title) of chapter 77 [precedes 77.997], 77.9971, 77.9972, 77.9973, 85.062 (3) (c), 85.11, 227.01 (13) (yL) and 345.05 (1) (ag); to renumber 77.9973; to amend 20.395 (6) (af), 32.02 (11), 32.05 (1) (a), 32.07 (2), 40.02 (28), 59.58 (7) (e) (intro.), 66.0301 (1) (a), 66.0903 (1) (d), 66.1039 (4) (s) 1., 67.01 (5), 70.11 (2), 71.26 (1) (b), chapter 77 (title), subchapter V (title) of chapter 77 [precedes 77.70], 77.71, 77.73 (2), 77.73 (3), 77.75, 77.76 (1), 77.76 (2), 77.76 (4), 77.77 (1), 77.77 (3), 77.78, 85.063 (3) (b) 1., 85.064 (1) (b), 111.70 (1) (j), 345.05 (2) and 611.11 (4) (a); to create 77.708 (3) and 77.9973 (2) of the statutes; and to affect 2009 Wisconsin Act 28, section 9150 (1); relating to: eliminating authorization to create a regional transit authority, dissolving any existing regional transit authority and the Southeastern Regional Transit Authority, and eliminating the Southeast Wisconsin transit capital assistance program.

Analysis by the Legislative Reference Bureau

The Biennial Budget Act, 2009 Wisconsin Act 28 (Act 28), authorized the creation of several new regional transit authorities (RTAs): the Dane County RTA, the Chippewa Valley RTA, and the Chequamegon Bay RTA. 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.

This bill eliminates authorization to create an RTA and dissolves the Dane County RTA, the Chippewa Valley RTA, and the Chequamegon Bay RTA to the extent previously created. Any such RTA is dissolved 90 days after enactment of the bill, but no RTA may impose sales and use tax after enactment of the bill.

Act 28 also created the Southeastern Regional Transit Authority (SERTA) as a successor entity to what was often referred to as the KRM authority. SERTA is a public body corporate and politic and a separate governmental entity; it consists of the counties of Kenosha, Racine, and Milwaukee. The jurisdictional area of SERTA is the geographic area formed by the combined territorial boundaries of the counties of Kenosha, Racine, and Milwaukee. The powers of SERTA are vested in its board of directors. SERTA's powers are limited but include all powers necessary and convenient to create, construct, and manage a commuter rail transit system connecting the cities of Kenosha, Racine, and Milwaukee (KRM commuter rail line). Upon approval by its board of directors, SERTA may impose a rental car transaction fee in the counties of Kenosha, Racine, and Milwaukee. SERTA was required to submit, by July 1, 2010, an application to the Federal Transit Administration for funding to enter the preliminary engineering phase for the KRM commuter rail line.

This bill dissolves SERTA after a winding down period of 90 days, during which SERTA may not impose the rental car transaction fee. The bill also eliminates the Department of Transportation's Southeast Wisconsin transit capital assistance program, under which SERTA is the only eligible grant applicant for the program.

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:

AB36, s. 1 Section 1. 20.395 (6) (af) of the statutes is amended to read:

AB36,3,12 20.395 (6) (af) Principal repayment and interest, local roads for job preservation program, transit improvements, and major highway and rehabilitation projects, state funds. From the general fund, a sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the local roads for job preservation program under s. 86.312, transit capital improvements under s. 85.11, as provided under s. 20.866 (2) (uq), and major highway and rehabilitation projects, as provided under ss. 20.866 (2) (uum) and (uur), 84.555, and 84.95, to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing the local roads for job preservation program under s. 86.312, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

AB36, s. 2 Section 2. 20.566 (1) (gc) of the statutes is repealed.

AB36, s. 3 Section 3. 20.566 (1) (gh) of the statutes is repealed.

AB36, s. 4 Section 4. 20.835 (4) (gc) of the statutes is repealed.

AB36, s. 5 Section 5. 20.835 (4) (gh) of the statutes is repealed.

AB36, s. 6 Section 6. 20.866 (2) (uq) of the statutes is repealed.

AB36, s. 7 Section 7. 32.02 (11) of the statutes is amended to read:

AB36,4,2 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333; community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under subch. II of ch. 229; or transit authority created under s. 66.1039.

AB36, s. 8 Section 8. 32.05 (1) (a) of the statutes is amended to read:

AB36,4,24 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, 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 created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

AB36, s. 9 Section 9. 32.07 (2) of the statutes is amended to read:

AB36,5,11 32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority 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 for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.

AB36, s. 10 Section 10. 40.02 (28) of the statutes is amended to read:

AB36,5,22 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB36, s. 11 Section 11. 59.58 (6) of the statutes is repealed.

AB36, s. 12 Section 12. 59.58 (7) of the statutes, as affected by 2011 Wisconsin Act ... (this act), is repealed.

AB36, s. 13 Section 13. 59.58 (7) (e) (intro.) of the statutes is amended to read:

AB36,6,4 59.58 (7) (e) (intro.) The Subject to s. 77.9973 (2), the authority may impose the fees under subch. XIII of ch. 77. From the fees, the authority may do all of the following:

AB36, s. 14 Section 14. 59.58 (7) (i) and (j) of the statutes are repealed.

AB36, s. 15 Section 15. 66.0301 (1) (a) of the statutes is amended to read:

AB36,6,21 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created 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, transit authority created under s. 66.1039, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

AB36, s. 16 Section 16. 66.0903 (1) (d) of the statutes is amended to read:

AB36,7,3 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. "Local governmental unit" includes a regional transit authority created under s. 66.1039 and the southeastern regional transit authority created under s. 59.58 (7).

AB36, s. 17 Section 17. 66.1039 of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB36, s. 18 Section 18. 66.1039 (4) (s) 1. of the statutes is amended to read:

AB36,7,16 66.1039 (4) (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes under subch. V of ch. 77 in the authority's jurisdictional area, except that no taxes may be imposed under this paragraph unless the resolution of the board of directors is adopted prior to the effective date of this subdivision .... [LRB inserts date]. If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy of the resolution to the department of revenue at least 120 days before its effective date. The authority may, by adoption of a resolution by the board of directors, repeal the imposition of taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.

AB36, s. 19 Section 19. 67.01 (5) of the statutes is amended to read:

AB36,7,25 67.01 (5) "Municipality" means any of the following which is authorized to levy a tax: a county, city, village, town, school district, board of park commissioners, technical college district, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit authority created under s. 66.1039, public inland lake protection and rehabilitation district established under s. 33.23, 33.235, or 33.24, and any other public body empowered to borrow money and issue obligations to repay the money out of public funds or revenues. "Municipality" does not include the state.

AB36, s. 20 Section 20. 70.11 (2) of the statutes is amended to read:

AB36,8,16 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0823, transit authority created under s. 59.58 (7) or 66.1039, long-term care district under s. 46.2895 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

AB36, s. 21 Section 21. 71.05 (1) (c) 9. of the statutes is repealed.

AB36, s. 22 Section 22. 71.26 (1) (b) of the statutes is amended to read:

AB36,8,23 71.26 (1) (b) Political units. Income received by the United States, the state and all counties, cities, villages, towns, school districts, technical college districts, joint local water authorities created under s. 66.0823, transit authorities created under s. 59.58 (7) or 66.1039, long-term care districts under s. 46.2895 or other political units of this state.

AB36, s. 23 Section 23. 71.26 (1m) (j) of the statutes is repealed.

AB36, s. 24 Section 24. 71.45 (1t) (j) of the statutes is repealed.