LRB-0787/2
ARG&JK:jld
2015 - 2016 LEGISLATURE
December 7, 2015 - Introduced by Senators Vinehout,
Carpenter and Risser,
cosponsored by Representatives
Wachs, Subeck, Spreitzer, Pope, Berceau,
Ohnstad and Bowen. Referred to Committee on Transportation and Veterans
Affairs.
SB442,1,8
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, 85.064 (1) (b), 345.05 (2) and
5611.11 (4) (a);
to repeal and recreate 111.70 (1) (j); and
to create 20.566 (1)
6(gc), 20.835 (4) (gc), 66.1039, 77.54 (9a) (er), 77.708, 77.76 (3r) and 345.05 (1)
7(ag) of the statutes;
relating to: authorizing the creation of a Chippewa Valley
8regional transit 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
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. With respect to the Chippewa Valley RTA,
Act 28 included partial vetoes of provisions that would have required a referendum
before the Chippewa Valley RTA could be created or impose a sales and use tax.
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 restores authorization to create the Chippewa Valley RTA, with
essentially the same powers and authority as provided under
2009 Act 28, except
that the bill imposes the referendum requirements that were partially vetoed in Act
28. Also unlike Act 28, under the bill, if the Chippewa Valley RTA imposes a sales
and use tax, a member of the RTA may not levy property taxes for transit purposes
greater than the property taxes levied for transit purposes in the year before the
RTA's sales and use tax is imposed.
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:
SB442,2
1Section
2. 20.566 (1) (gc) of the statutes is created to read:
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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).
SB442,3
8Section
3. 20.835 (4) (gc) of the statutes is created to read:
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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, except that 1.5 percent of those tax revenues
13collected under subch. V of ch. 77 shall be credited to the appropriation account under
14s. 20.566 (1) (gc).
SB442,4
15Section
4. 32.02 (11) of the statutes is amended to read:
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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.
SB442,5
21Section
5. 32.05 (1) (a) of the statutes is amended to read:
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32.05
(1) (a) Except as provided under par. (b), a county board of supervisors
23or a county highway committee when so authorized by the county board of
24supervisors, a city council, a village board, a town board, a sewerage commission
25governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
1the secretary of transportation, a commission created by contract under s. 66.0301,
2a joint local water authority created by contract under s. 66.0823,
a transit authority
3created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local
4exposition district created under subch. II of ch. 229, a local cultural arts district
5created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
6community development authority under s. 66.1335 shall make an order providing
7for the laying out, relocation and improvement of the public highway, street, alley,
8storm and sanitary sewers, watercourses, water transmission and distribution
9facilities, mass transit facilities, airport, or other transportation facilities, gas or
10leachate extraction systems to remedy environmental pollution from a solid waste
11disposal facility, housing project, redevelopment project, cultural arts facilities,
12exposition center or exposition center facilities which shall be known as the
13relocation order. This order shall include a map or plat showing the old and new
14locations and the lands and interests required. A copy of the order shall, within 20
15days after its issue, be filed with the county clerk of the county wherein the lands are
16located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
17accordance with s. 84.095.
SB442,6
18Section
6. 32.07 (2) of the statutes is amended to read:
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32.07
(2) The petitioner shall determine necessity if application is by the state
20or any commission, department, board or other branch of state government or by a
21city, village, town, county, school district, board, commission, public officer,
22commission created by contract under s. 66.0301, joint local water authority under
23s. 66.0823,
transit authority created under s. 66.1039, redevelopment authority
24created under s. 66.1333, local exposition district created under subch. II of ch. 229,
25local cultural arts district created under subch. V of ch. 229, housing authority
1created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
2feet in width, for a telegraph, telephone or other electric line, for the right-of-way
3for a gas pipeline, main or service or for easements for the construction of any
4elevated structure or subway for railroad purposes.
SB442,7
5Section
7. 40.02 (28) of the statutes is amended to read:
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40.02
(28) "Employer" means the state, including each state agency, any
7county, city, village, town, school district, other governmental unit or
8instrumentality of 2 or more units of government now existing or hereafter created
9within the state, any federated public library system established under s. 43.19
10whose territory lies within a single county with a population of 500,000 or more, a
11local exposition district created under subch. II of ch. 229,
a transit authority created
12under s. 66.1039, and a long-term care district created under s. 46.2895, except as
13provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
14cultural arts district created under subch. V of ch. 229. Each employer shall be a
15separate legal jurisdiction for OASDHI purposes.
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66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
19"municipality" means the state or any department or agency thereof, or any city,
20village, town, county, or school district, the opportunity schools and partnership
21programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
22schools opportunity schools and partnership program under s. 119.33, or any public
23library system, public inland lake protection and rehabilitation district, sanitary
24district, farm drainage district, metropolitan sewerage district, sewer utility district,
25solid waste management system created under s. 59.70 (2), local exposition district
1created under subch. II of ch. 229, local professional baseball park district created
2under subch. III of ch. 229, local professional football stadium district created under
3subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
4transit authority created under s. 66.1039, long-term care district under s. 46.2895,
5water utility district, mosquito control district, municipal electric company, county
6or city transit commission, commission created by contract under this section,
7taxation district, regional planning commission, housing authority created under s.
866.1201, redevelopment authority created under s. 66.1333, community
9development authority created under s. 66.1335, or city-county health department.
SB442,9
10Section
9. 66.0903 (1) (d) of the statutes is amended to read:
SB442,6,1611
66.0903
(1) (d) "Local governmental unit" means a political subdivision of this
12state, a special purpose district in this state, an instrumentality or corporation of
13such a political subdivision or special purpose district, a combination or subunit of
14any of the foregoing or an instrumentality of the state and any of the foregoing.
15"Local governmental unit" includes a regional transit authority created under s.
1666.1039.
SB442,10
17Section
10. 66.1039 of the statutes is created to read:
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1866.1039 Transit authorities. (1) Definitions. In this section:
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(a) "Authority" means a transit authority created under this section.
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(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
21obligations of an authority issued under this section.
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(c) "Common carrier" means any of the following:
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1. A common motor carrier, as defined in s. 194.01 (1).
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2. A contract motor carrier, as defined in s. 194.01 (2).
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3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
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14. A water carrier, as defined in s. 195.02 (5).
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(d) "Comprehensive unified local transportation system" means a
3transportation system that is comprised of motor bus lines and any other local public
4transportation facilities, the major portion of which is located within, or the major
5portion of the service of which is supplied to the inhabitants of, the jurisdictional area
6of the authority.
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(e) "Municipality" means any city, village, or town.
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(f) "Participating political subdivision" means a political subdivision that is a
9member of an authority, either from the time of creation of the authority or by later
10joining the authority.
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(g) "Political subdivision" means a municipality or county.
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(h) "Transportation system" means all land, shops, structures, equipment,
13property, franchises, and rights of whatever nature required for transportation of
14passengers within the jurisdictional area of the authority and, only to the extent
15specifically authorized under this section, outside the jurisdictional area of the
16authority. "Transportation system" includes elevated railroads, subways,
17underground railroads, motor vehicles, motor buses, and any combination thereof,
18and any other form of mass transportation, but does not include transportation
19excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
20or contract operations to, from, or between points that are outside the jurisdictional
21area of the authority.
SB442,8,3
22(2) Creation of transit authorities. (c)
Chippewa Valley regional transit
23authority. 1. The Chippewa Valley regional transit authority, a public body corporate
24and politic and a separate governmental entity, is created if the governing body of
25Eau Claire County adopts a resolution authorizing the county to become a member
1of the authority and the resolution is ratified by the electors at a referendum held in
2Eau Claire County. Once created, this authority may transact business and exercise
3any powers granted to it under this section.
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2. If an authority is created under subd. 1., any municipality located in whole
5or in part within Eau Claire County shall be a member of the authority.
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3. After an authority is created under subd. 1., Chippewa County may join the
7authority created under subd. 1. if the governing body of Chippewa County adopts
8a resolution to join the authority and the resolution is ratified by the electors at a
9referendum held in Chippewa County.
SB442,8,1210
4. If Chippewa County joins an authority as provided in subd. 3., any
11municipality located in whole or in part within Chippewa County shall be a member
12of the authority.
SB442,8,1613
5. The jurisdictional area of the authority created under this paragraph is the
14territorial boundaries of Eau Claire County or, if Chippewa County also joins the
15authority as provided in subd. 3., the combined territorial boundaries of Eau Claire
16County and Chippewa County.
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6. If Chippewa County joins an authority under subd. 3. after it is created, the
18authority shall provide the department of revenue with a certified copy of the
19resolution that approves the joining and the referendum results ratifying the
20resolution. The county's joining of the authority shall take effect on the first day of
21the calendar quarter that begins at least 120 days after the department receives this
22information.
SB442,9,3
23(3) Transit authority governance. (a) The powers of an authority shall be
24vested in its board of directors. Directors shall be appointed for 4-year terms. A
25majority of the board of directors' full authorized membership constitutes a quorum
1for the purpose of conducting the authority's business and exercising its powers.
2Action may be taken by the board of directors upon a vote of a majority of the directors
3present and voting, unless the bylaws of the authority require a larger number.
SB442,9,84
(d) 1. If an authority is created under sub. (2) (c), the board of directors of the
5authority shall be determined by resolution of the governing body of Eau Claire
6County or, if Chippewa County also joins the authority as provided in sub. (2) (c) 3.,
7by resolution of the governing bodies of Eau Claire County and Chippewa County,
8except that all of the following shall apply:
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a. The board of directors shall consist of not more than 17 members.
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b. The board of directors shall include at least 3 members from Eau Claire
11County, appointed by the county executive and approved by the county board.
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c. If Chippewa County joins the authority as provided in sub. (2) (c) 3., the board
13of directors shall include at least 3 members from Chippewa County, appointed by
14the county executive and approved by the county board.
SB442,9,1715
d. The board of directors shall include at least one member from the most
16populous city of each county that is a member, appointed by the mayor of the city and
17approved by the common council of the city.