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:
AB298,3,6
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.
1866.1039.
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).
AB298,7,1
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.
AB298,8,6
1(2) Creation of Transit Authorities. (b) Dane County regional transit
2authority.
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.
AB298,9,423 6. If a municipality joins the authority after the authority is created, the
24authority shall provide the department of revenue with a certified copy of the
25resolution that approves the joining and the joining shall take effect on the first day

1of the calendar quarter that begins at least 120 days after the department receives
2the certified copy of the resolution. The authority shall also provide the department
3with a description of the new boundaries of the authority's jurisdictional area, as
4provided under sub. (4) (s) 2.
AB298,9,10 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.
AB298,9,1211 (c) If an authority is created under sub. (2) (b), the board of directors of the
12authority consists of the following members:
AB298,9,1413 1. Two members from the Madison metropolitan planning area, appointed by
14the county executive and approved by the county board.
AB298,9,1615 2. Two members appointed by the mayor of the city of Madison and approved
16by the common council.
AB298,9,1717 3. One member appointed by the governor.
AB298,9,2018 4. One member from each city, other than the city of Madison, with a population
19of more than 15,000 located in Dane County, appointed by the mayor of each such city
20and approved by the common council.
AB298,9,2521 5. One member from a village within the jurisdictional area of the authority,
22or from a city within the jurisdictional area of the authority other than a city from
23which a member is appointed under subd. 2. or 4., appointed by the Dane County
24Cities and Villages Association. A member appointed under this subdivision may not
25serve more than one consecutive term. Board membership under this subdivision

1shall follow a rotating order of succession and every village or city eligible to have a
2member appointed from that village or city shall have such a member appointed
3before any village or city has an opportunity to have another member appointed
4under this subdivision.
AB298,10,105 (fm) If any provision of this subsection provides for the appointment of a
6member of an authority's board of directors by the mayor of a city that has no mayor,
7the appointment shall instead be made by the chairperson of the common council.
8If any provision of this subsection provides for the appointment of a member of an
9authority's board of directors by the county executive of a county that has no county
10executive, the appointment shall be made by the chairperson of the county board.
AB298,10,1311 (g) The bylaws of an authority shall govern its management, operations, and
12administration, consistent with the provisions of this section, and shall include
13provisions specifying all of the following:
AB298,10,1414 1. The functions or services to be provided by the authority.
AB298,10,1515 2. The powers, duties, and limitations of the authority.
AB298,10,1716 3. The maximum rate of the taxes that may be imposed by the authority under
17sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
AB298,10,20 18(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
19chapter or ch. 59 or 85, an authority may do all of the following, to the extent
20authorized in the authority's bylaws:
AB298,10,2221 (a) Establish, maintain, and operate a comprehensive unified local
22transportation system primarily for the transportation of persons.
AB298,10,2523 (b) Acquire a comprehensive unified local transportation system and provide
24funds for the operation and maintenance of the system. Upon the acquisition of a
25comprehensive unified local transportation system, the authority may:
AB298,11,2
11. Operate and maintain it or lease it to an operator or contract for its use by
2an operator.
AB298,11,43 2. Contract for superintendence of the system with an organization that has
4personnel with the requisite experience and skill.
AB298,11,75 3. Delegate responsibility for the operation and maintenance of the system to
6an appropriate administrative officer, board, or commission of a participating
7political subdivision.
AB298,11,98 4. Maintain and improve railroad rights-of-way and improvements on these
9rights-of-way for future use.
AB298,11,1110 (c) Contract with a public or private organization to provide transportation
11services in lieu of directly providing these services.
AB298,11,1312 (d) Purchase and lease transportation facilities to public or private transit
13companies that operate within and outside the jurisdictional area.
AB298,11,1514 (e) Apply for federal aids to purchase transportation facilities considered
15essential for the authority's operation.
AB298,11,2416 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
17for residents who reside within the jurisdictional area and who are disabled or aged
1860 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
1942 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
20administered by the county. An authority may contract with a county that is a
21participating political subdivision for the authority to provide specialized
22transportation services, but an authority is not an eligible applicant under s. 85.21
23(2) (e) and may not receive payments directly from the department of transportation
24under s. 85.21.
AB298,12,3
1(g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
2of, mortgage, pledge, or grant a security interest in any real or personal property or
3service.
AB298,12,54 (h) Acquire property by condemnation using the procedure under s. 32.05 for
5the purposes set forth in this section.
AB298,12,126 (i) Enter upon any state, county, or municipal street, road, or alley, or any public
7highway for the purpose of installing, maintaining, and operating the authority's
8facilities. Whenever the work is to be done in a state, county, or municipal highway,
9street, road, or alley, the public authority having control thereof shall be duly
10notified, and the highway, street, road, or alley shall be restored to as good a condition
11as existed before the commencement of the work with all costs incident to the work
12to be borne by the authority.
AB298,12,1413 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
14facilities, and services provided by the authority.
AB298,12,1615 (k) Make, and from time to time amend and repeal, bylaws, rules, and
16regulations to carry into effect the powers and purposes of the authority.
AB298,12,1717 (L) Sue and be sued in its own name.
AB298,12,1818 (m) Have and use a corporate seal.
AB298,12,2119 (n) Employ agents, consultants, and employees, engage professional services,
20and purchase such furniture, stationery, and other supplies and materials as are
21reasonably necessary to perform its duties and exercise its powers.
AB298,12,2322 (o) Incur debts, liabilities, or obligations including the borrowing of money and
23the issuance of bonds under subs. (7) and (10).
AB298,13,224 (p) Invest any funds held in reserve or sinking funds, or any funds not required
25for immediate disbursement, including the proceeds from the sale of any bonds, in

1such obligations, securities, and other investments as the authority deems proper in
2accordance with s. 66.0603 (1m).
AB298,13,43 (q) Do and perform any acts and things authorized by this section under,
4through, or by means of an agent or by contracts with any person.
AB298,13,75 (r) Exercise any other powers that the board of directors considers necessary
6and convenient to effectuate the purposes of the authority, including providing for
7passenger safety.
AB298,13,158 (s) 1. Subject to subd. 3., impose, by the adoption of a resolution by the board
9of directors, the taxes under subch. V of ch. 77 in the authority's jurisdictional area.
10If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy
11of the resolution to the department of revenue at least 120 days before its effective
12date. The authority may, by adoption of a resolution by the board of directors, repeal
13the imposition of taxes under subch. V of ch. 77 and shall deliver a certified copy of
14the repeal resolution to the department of revenue at least 120 days before its
15effective date.
AB298,14,916 2. If an authority adopts a resolution to impose the tax, as provided in subd.
171., an authority shall specify to the department of revenue, as provided in this
18subdivision, the exact boundaries of the authority's jurisdictional area. If the
19boundaries are the same as the county lines on all sides of the authority's
20jurisdictional area, the resolution shall specify the county or counties that comprise
21the authority's entire jurisdictional area. If the boundaries are other than a county
22line on any side of the authority's jurisdictional area, the authority shall provide the
23department with a complete list of all the 9-digit zip codes that are entirely within
24the authority's jurisdictional area and a complete list of all the street addresses that
25are within the authority's jurisdictional area and not included in any 9-digit zip code

1that is entirely within the authority's jurisdictional area. The authority shall
2provide a certified copy of the information required under this subdivision to the
3department, in the manner, format, and layout prescribed by the department, at
4least 120 days prior to the first day of the calendar quarter before the effective date
5of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional
6area subsequently change, the authority shall submit a certified copy of the
7information required under this subdivision to the department at least 120 days
8prior to the first day of the calendar quarter before the effective date of such change,
9in the manner, format, and layout prescribed by the department.
AB298,14,1810 3. The authority may not impose the taxes specified in subd. 1., and the
11department of revenue may not collect such taxes, unless after the adoption of the
12board of directors' resolution to impose these taxes a referendum is held in the
13authority's jurisdictional area on the question of whether the authority may impose
14these taxes and the referendum is decided in the affirmative. The authority's board
15of directors, in conjunction with the appropriate officials of the counties or
16municipalities in which the referendum will be held, shall be responsible for calling
17the referendum. If a referendum is held under this subdivision, the authority shall
18promptly provide the department of revenue with the results of the referendum.
AB298,14,25 19(5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c),
20(d), (q), and (r), no authority, and no public or private organization with which an
21authority has contracted for service, may provide service outside the jurisdictional
22area of the authority unless the authority receives financial support for the service
23under a contract with a public or other private organization for the service or unless
24it is necessary in order to provide service to connect residents within the authority's
25jurisdictional area to transit systems in adjacent counties.
AB298,15,9
1(b) Whenever the proposed operations of an authority would be competitive
2with the operations of a common carrier in existence prior to the time the authority
3commences operations, the authority shall coordinate proposed operations with the
4common carrier to eliminate adverse financial impact for the carrier. This
5coordination may include route overlapping, transfers, transfer points, schedule
6coordination, joint use of facilities, lease of route service, and acquisition of route and
7corollary equipment. If this coordination does not result in mutual agreement, the
8proposals of the authority and the common carrier shall be submitted to the
9department of transportation for arbitration.
AB298,15,1210 (c) In exercising its powers under sub. (4), an authority shall consider any plan
11of a metropolitan planning organization under 23 USC 134 that covers any portion
12of the authority's jurisdictional area.
AB298,15,17 13(6) Authority obligations to employees of mass transportation systems. (a)
14An authority acquiring a comprehensive unified local transportation system for the
15purpose of the authority's operation of the system shall assume all of the employer's
16obligations under any contract between the employees and management of the
17system to the extent allowed by law.
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