Authorizing the creation of regional transit authorities and making appropriations

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 RTAs in urbanized areas with the same powers and authority as provided RTAs under 2009 Act 28 . Under the bill, any two or more municipalities or counties (political subdivisions) may join together to jointly create an RTA if the governing body of each political subdivision adopts a resolution authorizing the political subdivision to become a member of the RTA, each resolution is ratified by the electors at a referendum held in the political subdivision, and the resolutions of all of these political subdivisions are identical. However, Milwaukee County may create an RTA if the Milwaukee County board adopts a resolution authorizing the creation of the RTA and the resolution is ratified by the electors at a referendum held in Milwaukee County. After an RTA is created, any political subdivision may join the RTA if the governing body of the political subdivision adopts a resolution identical to the existing RTA resolutions, the new political subdivision's resolution is ratified by the electors at a referendum held in the political subdivision, and the RTA's board of directors adopts a resolution allowing the new political subdivision to join the RTA. However, a political subdivision may not create or join an RTA under the bill if the political subdivision is already a member of another RTA.

Except for Milwaukee County, a county also may not create or join an RTA under the bill unless a municipality located in whole or in part within the county is a member of the RTA. Resolutions creating or joining an RTA must include provisions specifying the number and composition of the RTA's board of directors, and all directors must be elected officials of one or more of the RTA's participating political subdivisions. The jurisdictional area of the RTA is the geographic area formed by the combined territorial boundaries of all political subdivisions that have created or joined the RTA, except that, if the RTA includes a county (other than Milwaukee County), the jurisdictional area includes only that portion of the county that is within the territorial boundaries of municipalities that are also members of the RTA.

The provisions of 2009 Act 28 are recreated to establish the powers and duties of these RTAs. In brief, an RTA's authority is vested in its board of directors and its bylaws govern its management, operations, and administration. 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.