LRB-3548/1
ARG&JK:eev:rs
2013 - 2014 LEGISLATURE
March 21, 2014 - Introduced by Senator Vinehout, cosponsored by Representatives
Wachs and Danou. Referred to Committee on Transportation, Public Safety,
and Veterans and Military Affairs.
SB686,1,8
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:
SB686,2
1Section
2. 20.566 (1) (gc) of the statutes is created to read:
SB686,3,72
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).
SB686,3
8Section
3. 20.835 (4) (gc) of the statutes is created to read:
SB686,3,149
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).
SB686,4
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.
SB686,5
21Section
5. 32.05 (1) (a) of the statutes is amended to read:
SB686,4,1722
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.
SB686,6
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.
SB686,7
5Section
7. 40.02 (28) of the statutes is amended to read:
SB686,5,156
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.
SB686,8
16Section
8. 66.0301 (1) (a) of the statutes is amended to read:
SB686,6,617
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
18"municipality" means the state or any department or agency thereof, or any city,
19village, town, county, school district, public library system, public inland lake
20protection and rehabilitation district, sanitary district, farm drainage district,
21metropolitan sewerage district, sewer utility district, solid waste management
22system created under s. 59.70 (2), local exposition district created under subch. II of
23ch. 229, local professional baseball park district created under subch. III of ch. 229,
24local professional football stadium district created under subch. IV of ch. 229, local
25cultural arts district created under subch. V of ch. 229,
transit authority created
1under s. 66.1039, long-term care district under s. 46.2895, water utility district,
2mosquito control district, municipal electric company, county or city transit
3commission, commission created by contract under this section, taxation district,
4regional planning commission, housing authority created under s. 66.1201,
5redevelopment authority created under s. 66.1333, community development
6authority created under s. 66.1335, or city-county health department.
SB686,9
7Section
9. 66.0903 (1) (d) of the statutes is amended to read:
SB686,6,138
66.0903
(1) (d) "Local governmental unit" means a political subdivision of this
9state, a special purpose district in this state, an instrumentality or corporation of
10such a political subdivision or special purpose district, a combination or subunit of
11any of the foregoing or an instrumentality of the state and any of the foregoing.
12"Local governmental unit" includes a regional transit authority created under s.
1366.1039.
SB686,10
14Section
10. 66.1039 of the statutes is created to read:
SB686,6,15
1566.1039 Transit authorities. (1) Definitions. In this section:
SB686,6,1616
(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
18obligations of an authority issued under this section.
SB686,6,1919
(c) "Common carrier" means any of the following:
SB686,6,2020
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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4. A water carrier, as defined in s. 195.02 (5).
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(d) "Comprehensive unified local transportation system" means a
25transportation system that is comprised of motor bus lines and any other local public
1transportation facilities, the major portion of which is located within, or the major
2portion of the service of which is supplied to the inhabitants of, the jurisdictional area
3of the authority.
SB686,7,44
(e) "Municipality" means any city, village, or town.
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(f) "Participating political subdivision" means a political subdivision that is a
6member of an authority, either from the time of creation of the authority or by later
7joining 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,
10property, franchises, and rights of whatever nature required for transportation of
11passengers within the jurisdictional area of the authority and, only to the extent
12specifically authorized under this section, outside the jurisdictional area of the
13authority. "Transportation system" includes elevated railroads, subways,
14underground railroads, motor vehicles, motor buses, and any combination thereof,
15and any other form of mass transportation, but does not include transportation
16excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
17or contract operations to, from, or between points that are outside the jurisdictional
18area of the authority.
SB686,7,25
19(2) Creation of transit authorities. (c)
Chippewa Valley regional transit
20authority. 1. The Chippewa Valley regional transit authority, a public body corporate
21and politic and a separate governmental entity, is created if the governing body of
22Eau Claire County adopts a resolution authorizing the county to become a member
23of the authority and the resolution is ratified by the electors at a referendum held in
24Eau Claire County. Once created, this authority may transact business and exercise
25any powers granted to it under this section.
SB686,8,2
12. If an authority is created under subd. 1., any municipality located in whole
2or in part within Eau Claire County shall be a member of the authority.
SB686,8,63
3. After an authority is created under subd. 1., Chippewa County may join the
4authority created under subd. 1. if the governing body of Chippewa County adopts
5a resolution to join the authority and the resolution is ratified by the electors at a
6referendum held in Chippewa County.
SB686,8,97
4. If Chippewa County joins an authority as provided in subd. 3., any
8municipality located in whole or in part within Chippewa County shall be a member
9of the authority.
SB686,8,1310
5. The jurisdictional area of the authority created under this paragraph is the
11territorial boundaries of Eau Claire County or, if Chippewa County also joins the
12authority as provided in subd. 3., the combined territorial boundaries of Eau Claire
13County and Chippewa County.
SB686,8,1914
6. If Chippewa County joins an authority under subd. 3. after it is created, the
15authority shall provide the department of revenue with a certified copy of the
16resolution that approves the joining and the referendum results ratifying the
17resolution. The county's joining of the authority shall take effect on the first day of
18the calendar quarter that begins at least 120 days after the department receives this
19information.
