LRB-3975/1
ARG&JK:eev:jf
2013 - 2014 LEGISLATURE
April 3, 2014 - Introduced by Representatives Sinicki,
Barca, Young, Zepnick,
Johnson, Barnes, Mason, Kessler, Zamarripa, Pasch, Ohnstad, Goyke and
Richards. Referred to Committee on Transportation.
AB909,1,8
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); and
to create 20.566 (1) (gc), 20.835 (4) (gc), 66.1039, 77.54 (9a)
6(er), 77.708, 77.76 (3r) and 345.05 (1) (ag) of the statutes;
relating to:
7authorizing the creation of a Southeast Regional Transit Authority and making
8appropriations.
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.
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 Southeast RTA, with the same powers and
authority as provided to RTAs under
2009 Act 28. Under the bill, the counties of
Kenosha, Racine, and Milwaukee may join together to jointly create the Southeast
RTA if the governing body of each county adopts a resolution authorizing the county
to become a member of the RTA, each resolution is ratified by the electors at a
referendum held in the county, and the resolutions of all of these counties are
identical. Resolutions creating the Southeast RTA must include provisions
specifying the number and composition of the RTA's board of directors. The
jurisdictional area of the RTA is the geographic area formed by the combined
territorial boundaries of the counties of Kenosha, Racine, and Milwaukee.
This bill recreates the provisions of
2009 Act 28 to establish the powers and
duties of the Southeast 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,
in one-tenth increments, 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 Southeast 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 Southeast 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 county.
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:
AB909,2
1Section
2. 20.566 (1) (gc) of the statutes is created to read:
AB909,3,72
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).
AB909,3
8Section
3. 20.835 (4) (gc) of the statutes is created to read:
AB909,3,149
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 which is affirmed by referendum, except that
131.5 percent of those tax revenues collected under subch. V of ch. 77 shall be credited
14to the appropriation account under s. 20.566 (1) (gc).
AB909,4
15Section
4. 32.02 (11) of the statutes is amended to read:
AB909,4,5
132.02
(11) Any housing authority created under ss. 66.1201 to 66.1211;
2redevelopment authority created under s. 66.1333; community development
3authority created under s. 66.1335; local cultural arts district created under subch.
4V of ch. 229, subject to s. 229.844 (4) (c);
or local exposition district created under
5subch. II of ch. 229
; or transit authority created under s. 66.1039.
AB909,5
6Section
5. 32.05 (1) (a) of the statutes is amended to read:
AB909,5,27
32.05
(1) (a) Except as provided under par. (b), a county board of supervisors
8or a county highway committee when so authorized by the county board of
9supervisors, a city council, a village board, a town board, a sewerage commission
10governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
11the secretary of transportation, a commission created by contract under s. 66.0301,
12a joint local water authority created by contract under s. 66.0823,
a transit authority
13created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local
14exposition district created under subch. II of ch. 229, a local cultural arts district
15created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
16community development authority under s. 66.1335 shall make an order providing
17for the laying out, relocation and improvement of the public highway, street, alley,
18storm and sanitary sewers, watercourses, water transmission and distribution
19facilities, mass transit facilities, airport, or other transportation facilities, gas or
20leachate extraction systems to remedy environmental pollution from a solid waste
21disposal facility, housing project, redevelopment project, cultural arts facilities,
22exposition center or exposition center facilities which shall be known as the
23relocation order. This order shall include a map or plat showing the old and new
24locations and the lands and interests required. A copy of the order shall, within 20
25days after its issue, be filed with the county clerk of the county wherein the lands are
1located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
2accordance with s. 84.095.
AB909,6
3Section
6. 32.07 (2) of the statutes is amended to read:
AB909,5,144
32.07
(2) The petitioner shall determine necessity if application is by the state
5or any commission, department, board or other branch of state government or by a
6city, village, town, county, school district, board, commission, public officer,
7commission created by contract under s. 66.0301, joint local water authority under
8s. 66.0823,
transit authority created under s. 66.1039, redevelopment authority
9created under s. 66.1333, local exposition district created under subch. II of ch. 229,
10local cultural arts district created under subch. V of ch. 229, housing authority
11created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
12feet in width, for a telegraph, telephone or other electric line, for the right-of-way
13for a gas pipeline, main or service or for easements for the construction of any
14elevated structure or subway for railroad purposes.
AB909,7
15Section
7. 40.02 (28) of the statutes is amended to read:
AB909,5,2516
40.02
(28) "Employer" means the state, including each state agency, any
17county, city, village, town, school district, other governmental unit or
18instrumentality of 2 or more units of government now existing or hereafter created
19within the state, any federated public library system established under s. 43.19
20whose territory lies within a single county with a population of 500,000 or more, a
21local exposition district created under subch. II of ch. 229,
a transit authority created
22under s. 66.1039, and a long-term care district created under s. 46.2895, except as
23provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local
24cultural arts district created under subch. V of ch. 229. Each employer shall be a
25separate legal jurisdiction for OASDHI purposes.
AB909,8
1Section
8. 66.0301 (1) (a) of the statutes is amended to read:
AB909,6,162
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
3"municipality" means the state or any department or agency thereof, or any city,
4village, town, county, school district, public library system, public inland lake
5protection and rehabilitation district, sanitary district, farm drainage district,
6metropolitan sewerage district, sewer utility district, solid waste management
7system created under s. 59.70 (2), local exposition district created under subch. II of
8ch. 229, local professional baseball park district created under subch. III of ch. 229,
9local professional football stadium district created under subch. IV of ch. 229, local
10cultural arts district created under subch. V of ch. 229,
transit authority created
11under s. 66.1039, long-term care district under s. 46.2895, water utility district,
12mosquito control district, municipal electric company, county or city transit
13commission, commission created by contract under this section, taxation district,
14regional planning commission, housing authority created under s. 66.1201,
15redevelopment authority created under s. 66.1333, community development
16authority created under s. 66.1335, or city-county health department.
AB909,9
17Section
9. 66.0903 (1) (d) of the statutes is amended to read:
AB909,6,2218
66.0903
(1) (d) "Local governmental unit" means a political subdivision of this
19state, a special purpose district in this state, an instrumentality or corporation of
20such a political subdivision or special purpose district, a combination or subunit of
21any of the foregoing or an instrumentality of the state and any of the foregoing.
22"Local governmental unit" includes a transit authority created under s. 66.1039.
AB909,10
23Section
10. 66.1039 of the statutes is created to read:
AB909,6,24
2466.1039 Transit authorities. (1) Definitions. In this section:
AB909,6,2525
(a) "Authority" means a transit authority created under this section.
AB909,7,2
1(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
2obligations of an authority issued under this section.
AB909,7,33
(c) "Common carrier" means any of the following:
AB909,7,44
1. A common motor carrier, as defined in s. 194.01 (1).
AB909,7,55
2. A contract motor carrier, as defined in s. 194.01 (2).
AB909,7,66
3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB909,7,77
4. A water carrier, as defined in s. 195.02 (5).
AB909,7,128
(d) "Comprehensive unified local transportation system" means a
9transportation system that is comprised of motor bus lines and any other local public
10transportation facilities, the major portion of which is located within, or the major
11portion of the service of which is supplied to the inhabitants of, the jurisdictional area
12of the authority.
AB909,7,1413
(f) "Participating political subdivision" means a political subdivision that is a
14member of an authority.
AB909,7,1515
(g) "Political subdivision" means a county.
AB909,7,2516
(h) "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.
AB909,8,10
1(2) Creation of transit authorities. (d)
Southeast regional transit authority. 21. The counties of Kenosha, Racine, and Milwaukee may join together to jointly
3create a public body corporate and politic and a separate governmental entity, known
4as the southeast regional transit authority, if the governing body of each such county
5adopts a resolution authorizing the county to become a member of the authority, each
6resolution is ratified by the electors at a referendum held in the county, and all such
7resolutions are identical to each other. Once created, the members of the authority
8shall consist of the counties of Kenosha, Racine, and Milwaukee. Once created, the
9authority may transact business and exercise any powers granted to it under this
10section.
AB909,8,1311
3. The jurisdictional area of an authority created under this paragraph is the
12geographic area formed by the combined territorial boundaries of the counties of
13Kenosha, Racine, and Milwaukee.
AB909,8,19
14(3) Transit authority governance. (a) The powers of an authority shall be
15vested in its board of directors. Directors shall be appointed for 4-year terms. A
16majority of the board of directors' full authorized membership constitutes a quorum
17for the purpose of conducting the authority's business and exercising its powers.
18Action may be taken by the board of directors upon a vote of a majority of the directors
19present and voting, unless the bylaws of the authority require a larger number.
AB909,8,2220
(e) If an authority is created under sub. (2) (d), the resolutions creating the
21authority under sub. (2) (d) 1. shall include identical provisions specifying the
22number and composition of the authority's board of directors.
AB909,8,2523
(g) The bylaws of an authority shall govern its management, operations, and
24administration, consistent with the provisions of this section, and shall include
25provisions specifying all of the following:
AB909,9,1
11. The functions or services to be provided by the authority.
