LRB-3471/2
ARG:wlj:ph
2011 - 2012 LEGISLATURE
February 17, 2012 - Introduced by Representatives Bernard Schaber, Steineke,
Litjens, Berceau, Hintz and Pasch, cosponsored by Senator Ellis. Referred
to Committee on Transportation.
AB574,1,8
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 Fox Cities regional transit
8authority 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.
This bill authorizes the creation of a Fox Cities RTA, with the same powers and
authority as provided other RTAs under
2009 Act 28. Under the bill, the Fox Cities
RTA is created if the governing body of any two or more municipalities located in
whole or in part within the urbanized Fox Cities metropolitan planning area
(planning area) adopt a resolution authorizing the municipality to become a member
of the RTA and each resolution is ratified by the electors at a referendum held in the
municipality. Each resolution must also include an identical provision specifying the
number and composition of the RTA's board of directors, and all directors must be
elected officials of one or more of the RTA's participating political subdivisions. After
the Fox Cities RTA is created, any municipality located in whole or in part within the
planning area, and any municipality within the counties of Outagamie, Calumet, or
Winnebago that is outside the planning area, may also join the RTA if the governing
body of the municipality adopts a resolution to join the RTA, the resolution is ratified
by the electors at a referendum held in the municipality, and the board of directors
of the RTA approves. The jurisdictional area of the Fox Cities RTA is the geographic
area encompassing the combined territorial boundaries of all municipalities creating
or joining the RTA.
The provisions of
2009 Act 28 are recreated to establish the powers and duties
of the Fox Cities 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: 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. The 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 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.
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:
AB574, s. 2
3Section
2. 20.566 (1) (gc) of the statutes is created to read:
AB574,3,94
20.566
(1) (gc)
Administration of transit authority taxes. From the moneys
5received from the appropriation account under s. 20.835 (4) (gc), the amounts in the
6schedule for the purpose of administering the transit authority taxes imposed under
7s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the
8unencumbered balance in this appropriation account shall be transferred to the
9appropriation account under s. 20.835 (4) (gc).
AB574, s. 3
10Section
3. 20.835 (4) (gc) of the statutes is created to read:
AB574,4,411
20.835
(4) (gc)
Transit authority taxes. All moneys received from the taxes
12imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc),
1for the purpose of distribution to the transit authorities that adopt a resolution
2imposing taxes under subch. V of ch. 77 which is affirmed by referendum, except that
31.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited
4to the appropriation account under s. 20.566 (1) (gc).
AB574,4,117
32.02
(11) Any housing authority created under ss. 66.1201 to 66.1211;
8redevelopment authority created under s. 66.1333; community development
9authority created under s. 66.1335; local cultural arts district created under subch.
10V of ch. 229, subject to s. 229.844 (4) (c);
or local exposition district created under
11subch. II of ch. 229
; or transit authority created under s. 66.1039.
AB574,5,914
32.05
(1) (a) Except as provided under par. (b), a county board of supervisors
15or a county highway committee when so authorized by the county board of
16supervisors, a city council, a village board, a town board, a sewerage commission
17governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
18the secretary of transportation, a commission created by contract under s. 66.0301,
19a joint local water authority created by contract under s. 66.0823,
a transit authority
20created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local
21exposition district created under subch. II of ch. 229, a local cultural arts district
22created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
23community development authority under s. 66.1335 shall make an order providing
24for the laying out, relocation and improvement of the public highway, street, alley,
25storm and sanitary sewers, watercourses, water transmission and distribution
1facilities, mass transit facilities, airport, or other transportation facilities, gas or
2leachate extraction systems to remedy environmental pollution from a solid waste
3disposal facility, housing project, redevelopment project, cultural arts facilities,
4exposition center or exposition center facilities which shall be known as the
5relocation order. This order shall include a map or plat showing the old and new
6locations and the lands and interests required. A copy of the order shall, within 20
7days after its issue, be filed with the county clerk of the county wherein the lands are
8located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
9accordance with s. 84.095.
AB574,5,2212
32.07
(2) The petitioner shall determine necessity if application is by the state
13or any commission, department, board or other branch of state government or by a
14city, village, town, county, school district, board, commission, public officer,
15commission created by contract under s. 66.0301, joint local water authority under
16s. 66.0823,
transit authority created under s. 66.1039, redevelopment authority
17created under s. 66.1333, local exposition district created under subch. II of ch. 229,
18local cultural arts district created under subch. V of ch. 229, housing authority
19created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
20feet in width, for a telegraph, telephone or other electric line, for the right-of-way
21for a gas pipeline, main or service or for easements for the construction of any
22elevated structure or subway for railroad purposes.
AB574,6,10
140.02
(28) "Employer" means the state, including each state agency, any
2county, city, village, town, school district, other governmental unit or
3instrumentality of 2 or more units of government now existing or hereafter created
4within the state, any federated public library system established under s. 43.19
5whose territory lies within a single county with a population of 500,000 or more, a
6local exposition district created under subch. II of ch. 229,
a transit authority created
7under s. 66.1039, and a long-term care district created under s. 46.2895, except as
8provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
9cultural arts district created under subch. V of ch. 229. Each employer shall be a
10separate legal jurisdiction for OASDHI purposes.
AB574,7,213
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
14"municipality" means the state or any department or agency thereof, or any city,
15village, town, county, school district, public library system, public inland lake
16protection and rehabilitation district, sanitary district, farm drainage district,
17metropolitan sewerage district, sewer utility district, solid waste management
18system created under s. 59.70 (2), local exposition district created under subch. II of
19ch. 229, local professional baseball park district created under subch. III of ch. 229,
20local professional football stadium district created under subch. IV of ch. 229, local
21cultural arts district created under subch. V of ch. 229,
transit authority created
22under s. 66.1039, long-term care district under s. 46.2895, water utility district,
23mosquito control district, municipal electric company, county or city transit
24commission, commission created by contract under this section, taxation district,
25regional planning commission, housing authority created under s. 66.1201,
1redevelopment authority created under s. 66.1333, community development
2authority created under s. 66.1335, or city-county health department.
AB574,7,105
66.0903
(1) (d) "Local governmental unit" means a political subdivision of this
6state, a special purpose district in this state, an instrumentality or corporation of
7such a political subdivision or special purpose district, a combination or subunit of
8any of the foregoing or an instrumentality of the state and any of the foregoing.
9"Local governmental unit" includes a regional transit authority created under s.
1066.1039.
AB574, s. 10
11Section
10. 66.1039 of the statutes is created to read:
AB574,7,12
1266.1039 Transit authorities. (1) Definitions. In this section:
AB574,7,1313
(a) "Authority" means a transit authority created under this section.
AB574,7,1514
(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
15obligations of an authority issued under this section.
AB574,7,1616
(c) "Common carrier" means any of the following:
AB574,7,1717
1. A common motor carrier, as defined in s. 194.01 (1).
AB574,7,1818
2. A contract motor carrier, as defined in s. 194.01 (2).
AB574,7,1919
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB574,7,2020
4. A water carrier, as defined in s. 195.02 (5).
AB574,7,2521
(d) "Comprehensive unified local transportation system" means a
22transportation system that is comprised of motor bus lines and any other local public
23transportation facilities, the major portion of which is located within, or the major
24portion of the service of which is supplied to the inhabitants of, the jurisdictional area
25of the authority.
AB574,8,1
1(e) "Municipality" means any city, village, or town.
AB574,8,42
(f) "Participating political subdivision" means a political subdivision that is a
3member of an authority, either from the time of creation of the authority or by later
4joining the authority.
AB574,8,55
(g) "Political subdivision" means a municipality or county.
AB574,8,156
(h) "Transportation system" means all land, shops, structures, equipment,
7property, franchises, and rights of whatever nature required for transportation of
8passengers within the jurisdictional area of the authority and, only to the extent
9specifically authorized under this section, outside the jurisdictional area of the
10authority. "Transportation system" includes elevated railroads, subways,
11underground railroads, motor vehicles, motor buses, and any combination thereof,
12and any other form of mass transportation, but does not include transportation
13excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
14or contract operations to, from, or between points that are outside the jurisdictional
15area of the authority.
AB574,8,1816
(i) "Urbanized Fox Cities metropolitan planning area" means the urbanized
17area, as defined in
23 USC 134 (b) (6), of the metropolitan planning area, as defined
18in
23 USC 134 (b) (1), that includes the city of Appleton.
AB574,9,4
19(2) Creation of Transit Authorities. (d)
Fox Cities regional transit authority.
201. The Fox Cities regional transit authority, a public body corporate and politic and
21a separate governmental entity, is created if the governing body of any 2 or more
22municipalities located in whole or in part within the urbanized Fox Cities
23metropolitan planning area adopt a resolution authorizing the municipality to
24become a member of the authority and each resolution is ratified by the electors at
25a referendum held in the municipality at a general election. Except as provided in
1subds. 2. and 3., once created, this authority shall consist of all municipalities that
2adopt a resolution ratified at a referendum, as provided in this subdivision. Once
3created, this authority may transact business and exercise any powers granted to it
4under this section.
AB574,9,105
2. After an authority is created under subd. 1., any municipality located in
6whole or in part within the urbanized Fox Cities metropolitan planning area may
7join the authority created under subd. 1. if the governing body of the municipality
8adopts a resolution to join the authority, the resolution is ratified by the electors at
9a referendum held in the municipality, and the board of directors of the authority
10approves the municipality's joinder.
AB574,9,1711
3. After an authority is created under subd. 1., any municipality located in
12whole or in part within Outagamie County, Calumet County, or Winnebago County
13that is not located in whole or in part within the urbanized Fox Cities metropolitan
14planning area may join the authority created under subd. 1. if the governing body
15of the municipality adopts a resolution to join the authority, the resolution is ratified
16by the electors at a referendum held in the municipality, and the board of directors
17of the authority approves the municipality's joinder.
AB574,9,2018
4. The jurisdictional area of the authority created under this paragraph is the
19geographic area formed by the combined territorial boundaries of all municipalities
20that create or join the authority under subds. 1., 2., and 3.
AB574,9,2521
5. If a municipality joins the authority under subd. 2. or 3. after it is created,
22the authority shall provide the department of revenue with a certified copy of the
23resolution that approves the joining, a certification of the referendum results
24ratifying this resolution, and a certified copy of the authority's board of directors
25approval. The municipality's joining of the authority shall take effect on the first day
1of the calendar quarter that begins at least 120 days after the department receives
2this information. The authority shall also provide the department with a description
3of the new boundaries of the authority's jurisdictional area, as provided under sub.
4(4) (s) 2.
AB574,10,10
5(3) Transit authority governance. (a) The powers of an authority shall be
6vested in its board of directors. Directors shall be appointed for 4-year terms. A
7majority of the board of directors' full authorized membership constitutes a quorum
8for the purpose of conducting the authority's business and exercising its powers.
9Action may be taken by the board of directors upon a vote of a majority of the directors
10present and voting, unless the bylaws of the authority require a larger number.
AB574,10,2111
(e) If an authority is created under sub. (2) (d), the resolutions creating the
12authority under sub. (2) (d) 1. shall include identical provisions specifying the
13number and composition of the authority's board of directors. All directors shall be
14elected officials of one or more of the authority's participating political subdivisions.
15If a municipality joins an authority after its creation, the resolution joining the
16authority under sub. (2) (d) 2. or 3. shall specify what the number and composition
17of the authority's board of directors will be after the municipality's joinder, and all
18municipalities that are participating political subdivisions of the authority at the
19time of the new municipality's joinder shall amend or modify their resolutions
20creating or joining the authority to make them identical to the resolution of the newly
21joining municipality.
AB574,10,2422
(g) The bylaws of an authority shall govern its management, operations, and
23administration, consistent with the provisions of this section, and shall include
24provisions specifying all of the following:
AB574,10,2525
1. The functions or services to be provided by the authority.
AB574,11,1
12. The powers, duties, and limitations of the authority.
AB574,11,32
3. The maximum rate of the taxes that may be imposed by the authority under
3sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
AB574,11,54
4. The composition of the board of directors of the authority, as determined
5under par. (e).
AB574,11,8
6(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
7chapter or ch. 59 or 85, an authority may do all of the following, to the extent
8authorized in the authority's bylaws:
AB574,11,109
(a) Establish, maintain, and operate a comprehensive unified local
10transportation system primarily for the transportation of persons.
AB574,11,1311
(b) Acquire a comprehensive unified local transportation system and provide
12funds for the operation and maintenance of the system. Upon the acquisition of a
13comprehensive unified local transportation system, the authority may:
AB574,11,1514
1. Operate and maintain it or lease it to an operator or contract for its use by
15an operator.