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:
SB686,1 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
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:
SB686,3,2016 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.
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:
SB686,5,419 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.
SB686,6,1817 (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).
SB686,6,2121 2. A contract motor carrier, as defined in s. 194.01 (2).
SB686,6,2222 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
SB686,6,2323 4. A water carrier, as defined in s. 195.02 (5).
SB686,7,324 (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.
SB686,7,75 (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.
SB686,7,88 (g) "Political subdivision" means a municipality or county.
SB686,7,189 (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.
SB686,8,25 20(3) Transit authority governance. (a) The powers of an authority shall be
21vested in its board of directors. Directors shall be appointed for 4-year terms. A
22majority of the board of directors' full authorized membership constitutes a quorum
23for the purpose of conducting the authority's business and exercising its powers.
24Action may be taken by the board of directors upon a vote of a majority of the directors
25present and voting, unless the bylaws of the authority require a larger number.
SB686,9,5
1(d) 1. If an authority is created under sub. (2) (c), the board of directors of the
2authority shall be determined by resolution of the governing body of Eau Claire
3County or, if Chippewa County also joins the authority as provided in sub. (2) (c) 3.,
4by resolution of the governing bodies of Eau Claire County and Chippewa County,
5except that all of the following shall apply:
SB686,9,66 a. The board of directors shall consist of not more than 17 members.
SB686,9,87 b. The board of directors shall include at least 3 members from Eau Claire
8County, appointed by the county executive and approved by the county board.
SB686,9,119 c. If Chippewa County joins the authority as provided in sub. (2) (c) 3., the board
10of directors shall include at least 3 members from Chippewa County, appointed by
11the county executive and approved by the county board.
SB686,9,1412 d. The board of directors shall include at least one member from the most
13populous city of each county that is a member, appointed by the mayor of the city and
14approved by the common council of the city.
SB686,9,1615 e. The board of directors shall include at least one member from the authority's
16jurisdictional area, appointed by the governor.
SB686,9,2117 2. If Chippewa County joins the authority as provided in sub. (2) (c) 3. and the
18governing bodies of Eau Claire County and Chippewa County are unable to agree
19upon a composition of the board of directors as specified in subd. 1., the board of
20directors of the authority shall be limited to the minimum members specified in subd.
211. b. to e.
SB686,9,2522 (fm) If any provision of this subsection provides for the appointment of a
23member of an authority's board of directors by the mayor of a city that has no mayor,
24the appointment shall instead be made by the chairperson of the common council.
25If any provision of this subsection provides for the appointment of a member of an

1authority's board of directors by the county executive of a county that has no county
2executive, the appointment shall be made by the chairperson of the county board.
SB686,10,53 (g) The bylaws of an authority shall govern its management, operations, and
4administration, consistent with the provisions of this section, and shall include
5provisions specifying all of the following:
SB686,10,66 1. The functions or services to be provided by the authority.
SB686,10,77 2. The powers, duties, and limitations of the authority.
SB686,10,98 3. The maximum rate of the taxes that may be imposed by the authority under
9sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
SB686,10,1110 4. The composition of the board of directors of the authority, as determined
11under par. (d).
SB686,10,14 12(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
13chapter or ch. 59 or 85, an authority may do all of the following, to the extent
14authorized in the authority's bylaws:
SB686,10,1615 (a) Establish, maintain, and operate a comprehensive unified local
16transportation system primarily for the transportation of persons.
SB686,10,1917 (b) Acquire a comprehensive unified local transportation system and provide
18funds for the operation and maintenance of the system. Upon the acquisition of a
19comprehensive unified local transportation system, the authority may:
SB686,10,2120 1. Operate and maintain it or lease it to an operator or contract for its use by
21an operator.
SB686,10,2322 2. Contract for superintendence of the system with an organization that has
23personnel with the requisite experience and skill.
SB686,11,3
13. Delegate responsibility for the operation and maintenance of the system to
2an appropriate administrative officer, board, or commission of a participating
3political subdivision.
SB686,11,54 4. Maintain and improve railroad rights-of-way and improvements on these
5rights-of-way for future use.
SB686,11,76 (c) Contract with a public or private organization to provide transportation
7services in lieu of directly providing these services.
SB686,11,98 (d) Purchase and lease transportation facilities to public or private transit
9companies that operate within and outside the jurisdictional area.
SB686,11,1110 (e) Apply for federal aids to purchase transportation facilities considered
11essential for the authority's operation.
SB686,11,2012 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
13for residents who reside within the jurisdictional area and who are disabled or aged
1460 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
1542 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
16administered by the county. An authority may contract with a county that is a
17participating political subdivision for the authority to provide specialized
18transportation services, but an authority is not an eligible applicant under s. 85.21
19(2) (e) and may not receive payments directly from the department of transportation
20under s. 85.21.
SB686,11,2321 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
22of, mortgage, pledge, or grant a security interest in any real or personal property or
23service.
SB686,11,2524 (h) Acquire property by condemnation using the procedure under s. 32.05 for
25the purposes set forth in this section.
SB686,12,7
1(i) Enter upon any state, county, or municipal street, road, or alley, or any public
2highway for the purpose of installing, maintaining, and operating the authority's
3facilities. Whenever the work is to be done in a state, county, or municipal highway,
4street, road, or alley, the public authority having control thereof shall be duly
5notified, and the highway, street, road, or alley shall be restored to as good a condition
6as existed before the commencement of the work with all costs incident to the work
7to be borne by the authority.
SB686,12,98 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
9facilities, and services provided by the authority.
SB686,12,1110 (k) Make, and from time to time amend and repeal, bylaws, rules, and
11regulations to carry into effect the powers and purposes of the authority.
SB686,12,1212 (L) Sue and be sued in its own name.
SB686,12,1313 (m) Have and use a corporate seal.
SB686,12,1614 (n) Employ agents, consultants, and employees, engage professional services,
15and purchase such furniture, stationery, and other supplies and materials as are
16reasonably necessary to perform its duties and exercise its powers.
SB686,12,1817 (o) Incur debts, liabilities, or obligations including the borrowing of money and
18the issuance of bonds under subs. (7) and (10).
SB686,12,2219 (p) Invest any funds held in reserve or sinking funds, or any funds not required
20for immediate disbursement, including the proceeds from the sale of any bonds, in
21such obligations, securities, and other investments as the authority deems proper in
22accordance with s. 66.0603 (1m).
SB686,12,2423 (q) Do and perform any acts and things authorized by this section under,
24through, or by means of an agent or by contracts with any person.
SB686,13,3
1(r) Exercise any other powers that the board of directors considers necessary
2and convenient to effectuate the purposes of the authority, including providing for
3passenger safety.
SB686,13,104 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
5under subch. V of ch. 77 in the authority's jurisdictional area. If an authority adopts
6a resolution to impose the taxes, it shall deliver a certified copy of the resolution to
7the department of revenue at least 120 days before its effective date. The authority
8may, by adoption of a resolution by the board of directors, repeal the imposition of
9taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal
10resolution to the department of revenue at least 120 days before its effective date.
SB686,14,411 2. If an authority adopts a resolution to impose the tax, as provided in subd.
121., an authority shall specify to the department of revenue, as provided in this
13subdivision, the exact boundaries of the authority's jurisdictional area. If the
14boundaries are the same as the county lines on all sides of the authority's
15jurisdictional area, the resolution shall specify the county or counties that comprise
16the authority's entire jurisdictional area. If the boundaries are other than a county
17line on any side of the authority's jurisdictional area, the authority shall provide the
18department with a complete list of all the 9-digit zip codes that are entirely within
19the authority's jurisdictional area and a complete list of all the street addresses that
20are within the authority's jurisdictional area and not included in any 9-digit zip code
21that is entirely within the authority's jurisdictional area. The authority shall
22provide a certified copy of the information required under this subdivision to the
23department, in the manner, format, and layout prescribed by the department, at
24least 120 days prior to the first day of the calendar quarter before the effective date
25of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional

1area subsequently change, the authority shall submit a certified copy of the
2information required under this subdivision to the department at least 120 days
3prior to the first day of the calendar quarter before the effective date of such change,
4in the manner, format, and layout prescribed by the department.
SB686,14,105 3. Notwithstanding subd. 1., an authority created under sub. (2) (c) may not
6impose the taxes authorized under subd. 1. unless the authorizing resolution or
7resolutions under sub. (2) (c) 1. and, if applicable, sub. (2) (c) 3., as well as the
8referendum question on the referendum ballot specified in sub. (2) (c) 1. and, if
9applicable, sub. (2) (c) 3., each clearly identifies the maximum rate of the taxes that
10may be imposed by the authority under subd. 1.
SB686,14,1511 4. If an authority created under sub. (2) (c) adopts a resolution to impose the
12taxes under subd. 1., no political subdivision that is a member of the authority may
13levy property taxes for transit purposes in excess of the amount of property taxes
14levied for transit purposes in the year before the year in which the taxes are imposed
15under subd. 1.
SB686,14,22 16(5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c),
17(d), (q), and (r), no authority, and no public or private organization with which an
18authority has contracted for service, may provide service outside the jurisdictional
19area of the authority unless the authority receives financial support for the service
20under a contract with a public or other private organization for the service or unless
21it is necessary in order to provide service to connect residents within the authority's
22jurisdictional area to transit systems in adjacent counties.
SB686,15,623 (b) Whenever the proposed operations of an authority would be competitive
24with the operations of a common carrier in existence prior to the time the authority
25commences operations, the authority shall coordinate proposed operations with the

1common carrier to eliminate adverse financial impact for the carrier. This
2coordination may include route overlapping, transfers, transfer points, schedule
3coordination, joint use of facilities, lease of route service, and acquisition of route and
4corollary equipment. If this coordination does not result in mutual agreement, the
5proposals of the authority and the common carrier shall be submitted to the
6department of transportation for arbitration.
Loading...
Loading...