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LRB-1061/1
EVM&JK:klm&cjs
2019 - 2020 LEGISLATURE
November 22, 2019 - Introduced by Senators Smith, Carpenter, Larson and
Miller, cosponsored by Representatives Emerson, Anderson, Considine,
Ohnstad and Spreitzer. Referred to Committee on Government Operations,
Technology and Consumer Protection.
SB576,1,8 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, 77.75, 77.76 (1), 77.76 (2),
477.76 (4), 77.77 (1), 77.77 (3), 77.78, 85.064 (1) (b), 345.05 (2) and 611.11 (4) (a);
5to repeal and recreate 111.70 (1) (j); and to create 20.566 (1) (gc), 20.835 (4)
6(gc), 66.1039, 77.54 (9a) (er), 77.708, 77.76 (3r) and 345.05 (1) (ag) of the
7statutes; relating to: authorizing the creation of a Chippewa Valley regional
8transit authority and making appropriations.
Analysis by the Legislative Reference Bureau
This bill authorizes the creation of the Chippewa Valley Regional Transit
Authority (RTA).
Under the bill, the Chippewa Valley RTA is created if the governing body of Eau
Claire County adopts a resolution authorizing the county to become a member of the
RTA and the resolution is ratified by the electors at a referendum held in the county.
Once the RTA is created, each municipality located in Eau Claire County is a member
of the RTA, and Chippewa County, by adoption and ratification of a resolution, may
opt to join the RTA. The jurisdictional area of the RTA is Eau Claire County and, if
Chippewa County joins the RTA, Chippewa County.

The RTA's authority is vested in its board of directors, and its bylaws govern its
management, operations, and administration. The RTA may 1) operate a
transportation system or provide for its operation by contracting with a public or
private organization; 2) impose, by its board of directors adopting a resolution, a
sales tax at a rate not exceeding 0.5 percent of the sales price if certain conditions
are satisfied; 3) acquire property by condemnation; and 4) issue tax-exempt revenue
bonds. The 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 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.
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:
SB576,1 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
SB576,2 3Section 2 . 20.566 (1) (gc) of the statutes is created to read:
SB576,2,94 20.566 (1) (gc) Administration of transit authority taxes. From the moneys
5received from the appropriation account under s. 20.835 (4) (gc), the amounts in the
6schedule for the purpose of administering the transit authority taxes imposed under
7s. 77.708. Notwithstanding s. 20.001 (3) (a), at the end of the fiscal year the
8unencumbered balance in this appropriation account shall be transferred to the
9appropriation account under s. 20.835 (4) (gc).
SB576,3
1Section 3. 20.835 (4) (gc) of the statutes is created to read:
SB576,3,72 20.835 (4) (gc) Transit authority taxes. All moneys received from the taxes
3imposed under s. 77.708, and from the appropriation account under s. 20.566 (1) (gc),
4for the purpose of distribution to the transit authorities that adopt a resolution
5imposing taxes under subch. V of ch. 77, except that 1.5 percent of those tax revenues
6collected under subch. V of ch. 77 shall be credited to the appropriation account under
7s. 20.566 (1) (gc).
SB576,4 8Section 4 . 32.02 (11) of the statutes is amended to read:
SB576,3,139 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
10redevelopment authority created under s. 66.1333; community development
11authority created under s. 66.1335; local cultural arts district created under subch.
12V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
13subch. II of ch. 229; or transit authority created under s. 66.1039.
SB576,5 14Section 5 . 32.05 (1) (a) of the statutes is amended to read:
SB576,4,1015 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
16or a county highway committee when so authorized by the county board of
17supervisors, a city council, a village board, a town board, a sewerage commission
18governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
19the secretary of transportation, a commission created by contract under s. 66.0301,
20a joint local water authority created by contract under s. 66.0823, a transit authority
21created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local
22exposition district created under subch. II of ch. 229, a local cultural arts district
23created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
24community development authority under s. 66.1335 shall make an order providing
25for the laying out, relocation and improvement of the public highway, street, alley,

1storm and sanitary sewers, watercourses, water transmission and distribution
2facilities, mass transit facilities, airport, or other transportation facilities, gas or
3leachate extraction systems to remedy environmental pollution from a solid waste
4disposal facility, housing project, redevelopment project, cultural arts facilities,
5exposition center or exposition center facilities which shall be known as the
6relocation order. This order shall include a map or plat showing the old and new
7locations and the lands and interests required. A copy of the order shall, within 20
8days after its issue, be filed with the county clerk of the county wherein the lands are
9located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
10accordance with s. 84.095.
SB576,6 11Section 6 . 32.07 (2) of the statutes is amended to read:
SB576,4,2212 32.07 (2) The petitioner shall determine necessity if application is by the state
13or any commission, department, board or other branch of state government or by a
14city, village, town, county, school district, board, commission, public officer,
15commission created by contract under s. 66.0301, joint local water authority under
16s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
17created under s. 66.1333, local exposition district created under subch. II of ch. 229,
18local cultural arts district created under subch. V of ch. 229, housing authority
19created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
20feet in width, for a telegraph, telephone or other electric line, for the right-of-way
21for a gas pipeline, main or service or for easements for the construction of any
22elevated structure or subway for railroad purposes.
SB576,7 23Section 7 . 40.02 (28) of the statutes is amended to read:
SB576,5,824 40.02 (28) “Employer" means the state, including each state agency, any
25county, city, village, town, school district, other governmental unit or

1instrumentality of 2 or more units of government now existing or hereafter created
2within the state, any federated public library system established under s. 43.19
3whose territory lies within a single county with a population of 750,000 or more, a
4local exposition district created under subch. II of ch. 229, a transit authority created
5under s. 66.1039,
and a long-term care district created under s. 46.2895, except as
6provided under ss. 40.51 (7) and 40.61 (3). “Employer" does not include a local
7cultural arts district created under subch. V of ch. 229. Each employer shall be a
8separate legal jurisdiction for OASDHI purposes.
SB576,8 9Section 8 . 66.0301 (1) (a) of the statutes is amended to read:
SB576,6,210 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
11“municipality" means the state or any department or agency thereof, or any city,
12village, town, county, or school district, the opportunity schools and partnership
13programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
14schools opportunity schools and partnership program under s. 119.33, or any public
15library system, public inland lake protection and rehabilitation district, sanitary
16district, farm drainage district, metropolitan sewerage district, sewer utility district,
17solid waste management system created under s. 59.70 (2), local exposition district
18created under subch. II of ch. 229, local professional baseball park district created
19under subch. III of ch. 229, local professional football stadium district created under
20subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
21transit authority created under s. 66.1039, long-term care district under s. 46.2895,
22water utility district, mosquito control district, municipal electric company, county
23or city transit commission, commission created by contract under this section,
24taxation district, regional planning commission, housing authority created under s.

166.1201, redevelopment authority created under s. 66.1333, community
2development authority created under s. 66.1335, or city-county health department.
SB576,9 3Section 9 . 66.0903 (1) (d) of the statutes is amended to read:
SB576,6,94 66.0903 (1) (d) “Local governmental unit" means a political subdivision of this
5state, a special purpose district in this state, an instrumentality or corporation of
6such a political subdivision or special purpose district, a combination or subunit of
7any of the foregoing or an instrumentality of the state and any of the foregoing.
8“Local governmental unit" includes a regional transit authority created under s.
966.1039.
SB576,10 10Section 10 . 66.1039 of the statutes is created to read:
SB576,6,11 1166.1039 Transit authorities. (1) Definitions. In this section:
SB576,6,1212 (a) “Authority" means a transit authority created under this section.
SB576,6,1413 (b) “Bonds" means any bonds, interim certificates, notes, debentures, or other
14obligations of an authority issued under this section.
SB576,6,1515 (c) “Common carrier" means any of the following:
SB576,6,1616 1. A common motor carrier, as defined in s. 194.01 (1).
SB576,6,1717 2. A contract motor carrier, as defined in s. 194.01 (2).
SB576,6,1818 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
SB576,6,1919 4. A water carrier, as defined in s. 195.02 (5).
SB576,6,2420 (d) “Comprehensive unified local transportation system" means a
21transportation system that is comprised of motor bus lines and any other local public
22transportation facilities, the major portion of which is located within, or the major
23portion of the service of which is supplied to the inhabitants of, the jurisdictional area
24of the authority.
SB576,6,2525 (e) “Municipality" means any city, village, or town.
SB576,7,3
1(f) “Participating political subdivision" means a political subdivision that is a
2member of an authority, either from the time of creation of the authority or by later
3joining the authority.
SB576,7,44 (g) “Political subdivision" means a municipality or county.
SB576,7,145 (h) “Transportation system" means all land, shops, structures, equipment,
6property, franchises, and rights of whatever nature required for transportation of
7passengers within the jurisdictional area of the authority and, only to the extent
8specifically authorized under this section, outside the jurisdictional area of the
9authority. “Transportation system" includes elevated railroads, subways,
10underground railroads, motor vehicles, motor buses, and any combination thereof,
11and any other form of mass transportation, but does not include transportation
12excluded from the definition of “common motor carrier" under s. 194.01 (1) or charter
13or contract operations to, from, or between points that are outside the jurisdictional
14area of the authority.
SB576,7,21 15(2) Creation of transit authorities. (c) Chippewa Valley regional transit
16authority.
1. The Chippewa Valley regional transit authority, a public body corporate
17and politic and a separate governmental entity, is created if the governing body of
18Eau Claire County adopts a resolution authorizing the county to become a member
19of the authority and the resolution is ratified by the electors at a referendum held in
20Eau Claire County. Once created, this authority may transact business and exercise
21any powers granted to it under this section.
SB576,7,2322 2. If an authority is created under subd. 1., any municipality located in whole
23or in part within Eau Claire County shall be a member of the authority.
SB576,8,224 3. After an authority is created under subd. 1., Chippewa County may join the
25authority created under subd. 1. if the governing body of Chippewa County adopts

1a resolution to join the authority and the resolution is ratified by the electors at a
2referendum held in Chippewa County.
SB576,8,53 4. If Chippewa County joins an authority as provided in subd. 3., any
4municipality located in whole or in part within Chippewa County shall be a member
5of the authority.
SB576,8,96 5. The jurisdictional area of the authority created under this paragraph is the
7territorial boundaries of Eau Claire County or, if Chippewa County also joins the
8authority as provided in subd. 3., the combined territorial boundaries of Eau Claire
9County and Chippewa County.
SB576,8,1510 6. If Chippewa County joins an authority under subd. 3. after it is created, the
11authority shall provide the department of revenue with a certified copy of the
12resolution that approves the joining and the referendum results ratifying the
13resolution. The county's joining of the authority shall take effect on the first day of
14the calendar quarter that begins at least 120 days after the department receives this
15information.
SB576,8,21 16(3) Transit authority governance. (a) The powers of an authority shall be
17vested in its board of directors. Directors shall be appointed for 4-year terms. A
18majority of the board of directors' full authorized membership constitutes a quorum
19for the purpose of conducting the authority's business and exercising its powers.
20Action may be taken by the board of directors upon a vote of a majority of the directors
21present and voting, unless the bylaws of the authority require a larger number.
SB576,9,222 (d) 1. If an authority is created under sub. (2) (c), the board of directors of the
23authority shall be determined by resolution of the governing body of Eau Claire
24County or, if Chippewa County also joins the authority as provided in sub. (2) (c) 3.,

1by resolution of the governing bodies of Eau Claire County and Chippewa County,
2except that all of the following shall apply:
SB576,9,33 a. The board of directors shall consist of not more than 17 members.
SB576,9,54 b. The board of directors shall include at least 3 members from Eau Claire
5County, appointed by the county executive and approved by the county board.
SB576,9,86 c. If Chippewa County joins the authority as provided in sub. (2) (c) 3., the board
7of directors shall include at least 3 members from Chippewa County, appointed by
8the county executive and approved by the county board.
SB576,9,119 d. The board of directors shall include at least one member from the most
10populous city of each county that is a member, appointed by the mayor of the city and
11approved by the common council of the city.
SB576,9,1312 e. The board of directors shall include at least one member from the authority's
13jurisdictional area, appointed by the governor.
SB576,9,1814 2. If Chippewa County joins the authority as provided in sub. (2) (c) 3. and the
15governing bodies of Eau Claire County and Chippewa County are unable to agree
16upon a composition of the board of directors as specified in subd. 1., the board of
17directors of the authority shall be limited to the minimum members specified in subd.
181. b. to e.
SB576,9,2419 (fm) If any provision of this subsection provides for the appointment of a
20member of an authority's board of directors by the mayor of a city that has no mayor,
21the appointment shall instead be made by the chairperson of the common council.
22If any provision of this subsection provides for the appointment of a member of an
23authority's board of directors by the county executive of a county that has no county
24executive, the appointment shall be made by the chairperson of the county board.
SB576,10,3
1(g) The bylaws of an authority shall govern its management, operations, and
2administration, consistent with the provisions of this section, and shall include
3provisions specifying all of the following:
SB576,10,44 1. The functions or services to be provided by the authority.
SB576,10,55 2. The powers, duties, and limitations of the authority.
SB576,10,76 3. The maximum rate of the taxes that may be imposed by the authority under
7sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
SB576,10,98 4. The composition of the board of directors of the authority, as determined
9under par. (d).
SB576,10,12 10(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
11chapter or ch. 59 or 85, an authority may do all of the following, to the extent
12authorized in the authority's bylaws:
SB576,10,1413 (a) Establish, maintain, and operate a comprehensive unified local
14transportation system primarily for the transportation of persons.
SB576,10,1715 (b) Acquire a comprehensive unified local transportation system and provide
16funds for the operation and maintenance of the system. Upon the acquisition of a
17comprehensive unified local transportation system, the authority may:
SB576,10,1918 1. Operate and maintain it or lease it to an operator or contract for its use by
19an operator.
SB576,10,2120 2. Contract for superintendence of the system with an organization that has
21personnel with the requisite experience and skill.
SB576,10,2422 3. Delegate responsibility for the operation and maintenance of the system to
23an appropriate administrative officer, board, or commission of a participating
24political subdivision.
SB576,11,2
14. Maintain and improve railroad rights-of-way and improvements on these
2rights-of-way for future use.
SB576,11,43 (c) Contract with a public or private organization to provide transportation
4services in lieu of directly providing these services.
SB576,11,65 (d) Purchase and lease transportation facilities to public or private transit
6companies that operate within and outside the jurisdictional area.
SB576,11,87 (e) Apply for federal aids to purchase transportation facilities considered
8essential for the authority's operation.
SB576,11,179 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
10for residents who reside within the jurisdictional area and who are disabled or aged
1160 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
1242 USC 5011 (b); under ss. 49.43 to 49.499 and 85.21; and under other public funds
13administered by the county. An authority may contract with a county that is a
14participating political subdivision for the authority to provide specialized
15transportation services, but an authority is not an eligible applicant under s. 85.21
16(2) (e) and may not receive payments directly from the department of transportation
17under s. 85.21.
SB576,11,2018 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
19of, mortgage, pledge, or grant a security interest in any real or personal property or
20service.
SB576,11,2221 (h) Acquire property by condemnation using the procedure under s. 32.05 for
22the purposes set forth in this section.
SB576,12,423 (i) Enter upon any state, county, or municipal street, road, or alley, or any public
24highway for the purpose of installing, maintaining, and operating the authority's
25facilities. Whenever the work is to be done in a state, county, or municipal highway,

1street, road, or alley, the public authority having control thereof shall be duly
2notified, and the highway, street, road, or alley shall be restored to as good a condition
3as existed before the commencement of the work with all costs incident to the work
4to be borne by the authority.
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