LRB-3905/1
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2011 - 2012 LEGISLATURE
January 31, 2012 - Introduced by Senators Vinehout, C. Larson and Risser,
cosponsored by Representatives Bernard Schaber, Pocan, Pope-Roberts,
Sinicki, C. Taylor, Turner
and Molepske Jr. Referred to Committee on
Transportation and Elections.
SB418,1,8 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 regional transit authorities
8and 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 RTAs in urbanized areas with the same
powers and authority as provided RTAs under 2009 Act 28. Under the bill, any two
or more municipalities or counties (political subdivisions) may join together to jointly
create an RTA if the governing body of each political subdivision adopts a resolution
authorizing the political subdivision to become a member of the RTA, each resolution
is ratified by the electors at a referendum held in the political subdivision, and the
resolutions of all of these political subdivisions are identical. However, Milwaukee
County may create an RTA if the Milwaukee County board adopts a resolution
authorizing the creation of the RTA and the resolution is ratified by the electors at
a referendum held in Milwaukee County. After an RTA is created, any political
subdivision may join the RTA if the governing body of the political subdivision adopts
a resolution identical to the existing RTA resolutions, the new political subdivision's
resolution is ratified by the electors at a referendum held in the political subdivision,
and the RTA's board of directors adopts a resolution allowing the new political
subdivision to join the RTA. However, a political subdivision may not create or join
an RTA under the bill if the political subdivision is already a member of another RTA.
Except for Milwaukee County, a county also may not create or join an RTA under the
bill unless a municipality located in whole or in part within the county is a member
of the RTA. Resolutions creating or joining an RTA must include provisions
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. The jurisdictional area of the RTA is the geographic area formed by the
combined territorial boundaries of all political subdivisions that have created or
joined the RTA, except that, if the RTA includes a county (other than Milwaukee
County), the jurisdictional area includes only that portion of the county that is within
the territorial boundaries of municipalities that are also members of the RTA.
The provisions of 2009 Act 28 are recreated to establish the powers and duties
of these RTAs. In brief, an RTA's authority is vested in its board of directors and its
bylaws govern its management, operations, and administration. 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.
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:
SB418, 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
SB418, s. 2 3Section 2. 20.566 (1) (gc) of the statutes is created to read:
SB418,3,94 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).
SB418, s. 3 10Section 3. 20.835 (4) (gc) of the statutes is created to read:
SB418,4,6
120.835 (4) (gc) Transit authority taxes. All moneys received from the taxes
2imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc),
3for the purpose of distribution to the transit authorities that adopt a resolution
4imposing taxes under subch. V of ch. 77 which is affirmed by referendum, except that
51.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited
6to the appropriation account under s. 20.566 (1) (gc).
SB418, s. 4 7Section 4. 32.02 (11) of the statutes, as affected by 2011 Wisconsin Act 32, is
8amended to read:
SB418,4,139 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
10redevelopment authority created under s. 66.1333; community development
11authority created under s. 66.1335; local cultural arts district created under subch.
12V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
13subch. II of ch. 229; or transit authority created under s. 66.1039.
SB418, s. 5 14Section 5. 32.05 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
15is amended to read:
SB418,5,1116 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
17or a county highway committee when so authorized by the county board of
18supervisors, a city council, a village board, a town board, a sewerage commission
19governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
20the secretary of transportation, a commission created by contract under s. 66.0301,
21a joint local water authority created by contract under s. 66.0823, a transit authority
22created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local
23exposition district created under subch. II of ch. 229, a local cultural arts district
24created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
25community development authority under s. 66.1335 shall make an order providing

1for the laying out, relocation and improvement of the public highway, street, alley,
2storm and sanitary sewers, watercourses, water transmission and distribution
3facilities, mass transit facilities, airport, or other transportation facilities, gas or
4leachate extraction systems to remedy environmental pollution from a solid waste
5disposal facility, housing project, redevelopment project, cultural arts facilities,
6exposition center or exposition center facilities which shall be known as the
7relocation order. This order shall include a map or plat showing the old and new
8locations and the lands and interests required. A copy of the order shall, within 20
9days after its issue, be filed with the county clerk of the county wherein the lands are
10located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
11accordance with s. 84.095.
SB418, s. 6 12Section 6. 32.07 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
13amended to read:
SB418,5,2414 32.07 (2) The petitioner shall determine necessity if application is by the state
15or any commission, department, board or other branch of state government or by a
16city, village, town, county, school district, board, commission, public officer,
17commission created by contract under s. 66.0301, joint local water authority under
18s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
19created under s. 66.1333, local exposition district created under subch. II of ch. 229,
20local cultural arts district created under subch. V of ch. 229, housing authority
21created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
22feet in width, for a telegraph, telephone or other electric line, for the right-of-way
23for a gas pipeline, main or service or for easements for the construction of any
24elevated structure or subway for railroad purposes.
SB418, s. 7
1Section 7. 40.02 (28) of the statutes, as affected by 2011 Wisconsin Act 32, is
2amended to read:
SB418,6,123 40.02 (28) "Employer" means the state, including each state agency, any
4county, city, village, town, school district, other governmental unit or
5instrumentality of 2 or more units of government now existing or hereafter created
6within the state, any federated public library system established under s. 43.19
7whose territory lies within a single county with a population of 500,000 or more, a
8local exposition district created under subch. II of ch. 229, a transit authority created
9under s. 66.1039,
and a long-term care district created under s. 46.2895, except as
10provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
11cultural arts district created under subch. V of ch. 229. Each employer shall be a
12separate legal jurisdiction for OASDHI purposes.
SB418, s. 8 13Section 8. 66.0301 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
14is amended to read:
SB418,7,415 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
16"municipality" means the state or any department or agency thereof, or any city,
17village, town, county, school district, public library system, public inland lake
18protection and rehabilitation district, sanitary district, farm drainage district,
19metropolitan sewerage district, sewer utility district, solid waste management
20system created under s. 59.70 (2), local exposition district created under subch. II of
21ch. 229, local professional baseball park district created under subch. III of ch. 229,
22local professional football stadium district created under subch. IV of ch. 229, local
23cultural arts district created under subch. V of ch. 229, transit authority created
24under s. 66.1039,
long-term care district under s. 46.2895, water utility district,
25mosquito control district, municipal electric company, county or city transit

1commission, commission created by contract under this section, taxation district,
2regional planning commission, housing authority created under s. 66.1201,
3redevelopment authority created under s. 66.1333, community development
4authority created under s. 66.1335, or city-county health department.
SB418, s. 9 5Section 9. 66.0903 (1) (d) of the statutes, as affected by 2011 Wisconsin Act 32,
6is amended to read:
SB418,7,127 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
8state, a special purpose district in this state, an instrumentality or corporation of
9such a political subdivision or special purpose district, a combination or subunit of
10any of the foregoing or an instrumentality of the state and any of the foregoing.
11"Local governmental unit" includes a regional transit authority created under s.
1266.1039.
SB418, s. 10 13Section 10. 66.1039 of the statutes is created to read:
SB418,7,14 1466.1039 Transit authorities. (1) Definitions. In this section:
SB418,7,1515 (a) "Authority" means a transit authority created under this section.
SB418,7,1716 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
17obligations of an authority issued under this section.
SB418,7,1818 (c) "Common carrier" means any of the following:
SB418,7,1919 1. A common motor carrier, as defined in s. 194.01 (1).
SB418,7,2020 2. A contract motor carrier, as defined in s. 194.01 (2).
SB418,7,2121 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
SB418,7,2222 4. A water carrier, as defined in s. 195.02 (5).
SB418,8,223 (d) "Comprehensive unified local transportation system" means a
24transportation system that is comprised of motor bus lines and any other local public
25transportation facilities, the major portion of which is located within, or the major

1portion of the service of which is supplied to the inhabitants of, the jurisdictional area
2of the authority.
SB418,8,33 (e) "Municipality" means any city, village, or town.
SB418,8,64 (f) "Participating political subdivision" means a political subdivision that is a
5member of an authority, either from the time of creation of the authority or by later
6joining the authority.
SB418,8,77 (g) "Political subdivision" means a municipality or county.
SB418,8,178 (h) "Transportation system" means all land, shops, structures, equipment,
9property, franchises, and rights of whatever nature required for transportation of
10passengers within the jurisdictional area of the authority and, only to the extent
11specifically authorized under this section, outside the jurisdictional area of the
12authority. "Transportation system" includes elevated railroads, subways,
13underground railroads, motor vehicles, motor buses, and any combination thereof,
14and any other form of mass transportation, but does not include transportation
15excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
16or contract operations to, from, or between points that are outside the jurisdictional
17area of the authority.
SB418,8,1818 (i) "Urbanized area" has the meaning given in 23 USC 134 (b) (6).
SB418,9,9 19(2) Creation of transit authorities. (f) Regional transit authorities in
20urbanized areas
. 1. Except as provided in subds. 5. and 6., any 2 or more political
21subdivisions located in whole or in part within an urbanized area may join together
22to jointly create a public body corporate and politic and a separate governmental
23entity, known as a "regional transit authority," if the governing body of each such
24political subdivision adopts a resolution authorizing the political subdivision to
25become a member of the authority, each resolution is ratified by the electors at a

1referendum held in the political subdivision, and all such resolutions are identical
2to each other. However, Milwaukee County may create an authority if the governing
3body of Milwaukee County adopts a resolution authorizing the creation of the
4authority and the resolution is ratified by the electors at a referendum held in
5Milwaukee County. Except as provided in subd. 2. and sub. (13), once created, the
6members of the authority shall consist of all political subdivisions that adopt
7resolutions ratified at referenda, as provided in this subdivision. Once created, the
8authority may transact business and exercise any powers granted to it under this
9section.
SB418,9,1810 2. Except as provided in subds. 5. and 6., after an authority is created under
11subd. 1., any political subdivision located in whole or in part within an urbanized
12area may join the authority if the governing body of the political subdivision adopts
13a resolution identical to the existing resolutions of the authority's participating
14political subdivisions or, if Milwaukee County is the only member of the authority,
15identical to the Milwaukee County board's existing resolution, the resolution is
16ratified by the electors at a referendum held in the political subdivision, and the
17authority's board of directors adopts a resolution allowing the political subdivision
18to join the authority.
SB418,9,2219 3. a. Except as provided in subd. 3. b. and c., the jurisdictional area of an
20authority created under this paragraph is the geographic area formed by the
21combined territorial boundaries of all participating political subdivisions of the
22authority.
SB418,9,2423 b. If the authority includes a county other than Milwaukee County as a
24participating political subdivision, the jurisdictional area of the authority includes

1only that portion of the county that is within the territorial boundaries of
2municipalities in the county that are also participating political subdivisions.
SB418,10,73 c. If a municipality that is a participating political subdivision of the authority
4is located in more than one county, the resolutions creating or joining the authority
5and the authority's bylaws may declare that, for purposes of the authority's
6jurisdictional area, the municipality's territorial boundaries are limited to only one
7of those counties.
SB418,10,168 4. If a political subdivision joins an authority under subd. 2. after it is created,
9the authority shall provide the department of revenue with a certified copy of the
10resolution that approves the joining, the referendum results ratifying the resolution,
11and the resolution of the authority's board of directors allowing the political
12subdivision to join the authority. The political subdivision's joining of the authority
13shall take effect on the first day of the calendar quarter that begins at least 120 days
14after the department receives this information. The authority shall also provide the
15department with a description of the new boundaries of the authority's jurisdictional
16area, as provided under sub. (4) (s) 2.
SB418,10,1817 5. A political subdivision may not create or join more than one authority under
18this paragraph.
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