Levying a regional transit sales tax would be far more difficult for rail lines than for buses, under the latest version of proposed legislation co-authored by a leading opponent of Milwaukee-area commuter trains.

In a surprise move, state Rep. Robin Vos (R-Racine) has signed on as a co-sponsor of a draft bill that would allow binding referendums to create regional transit authorities funded by local sales taxes of 0.5% or less.

Sales tax proceeds would replace property tax support, taking public transit systems out of competition with other services for local funding.

Transit advocates and the Wisconsin Alliance of Cities have pushed for regional transit authorities and transit sales taxes. They're trying to head off financial crises that planners say will threaten the future of the Milwaukee County Transit System and the Fox Cities' Valley Transit.

The alliance wasn't seeking referendums to form transit authorities and levy sales taxes, but backers concede that provision is needed to win legislative support, alliance spokesman Rich Eggleston said.

But the Vos-backed version of the bill - which could be introduced later this month - would set higher hurdles for funding rail lines, such as the proposed KRM Commuter Link to connect Milwaukee with Racine, Kenosha and the southern suburbs.
Obstacles for rail

For example, the draft would allow small communities such as Caledonia, Mount Pleasant and Pleasant Prairie to veto a three-county rail plan that was backed by a majority of voters in Milwaukee County and the cities of Racine and Kenosha.

It would set similar obstacles for commuter train proposals in the Madison and Janesville-Beloit areas.

Representing Caledonia and parts of Mount Pleasant, Vos said he's not trying to "create artificial barriers," but wants to ensure true regional cooperation. Smaller communities should have a voice because "we don't want to be dictated to by any one entity," Vos said.

Milwaukee Mayor Tom Barrett and Kenosha Mayor John Antaramian will oppose the legislation because of the rail restrictions, said Antaramian and Barrett spokeswoman Eileen Force. And Tim Sheehy, president of the Metropolitan Milwaukee Association of Commerce, said setting a higher bar for rail funding would be "legislative micromanagement."

Business leaders see transit as an economic development issue, and they fear the region won't be economically competitive without improved transit to connect workers to jobs, Sheehy said.

The Southeastern Wisconsin Regional Transit Authority also is concerned about the possible patchwork results of communities voting separately, RTA Chairman Karl Ostby said.

Vos has fought KRM for years. He says he agrees the rail line could bring economic benefits to eastern Racine County, but he's reluctant to raise taxes or create new taxes to pay for it, particularly if they will be paid by western Racine County residents who don't think they will benefit.

Milwaukee County Executive Scott Walker said he would support the bill, but would campaign against any resulting referendum because he opposes new taxes. Walker said he hoped the defeat of a binding sales tax referendum would lead to a regional transit authority with more stable state funding, but without new taxes.
Broad support needed

The bill would allow two or more local governments with a combined population of at least 50,000 to hold a referendum to form a bus-only transit authority.

But if the authority would run any sort of rail line - such as commuter trains, light rail or streetcars - the total population of the service area would have to be at least 375,000 and the referendum would need approval in at least five communities with populations of at least 10,000 each.

Milwaukee County would count as a single community for referendum purposes, because it runs a countywide bus system.

The bill also would require the referendum question to state how much of the sales tax proceeds would be used for rail lines and how much would be used for buses.

Aside from Racine and Kenosha, the only communities in Racine and Kenosha counties with more than 10,000 people are Caledonia, Mount Pleasant and Pleasant Prairie, based on the 2000 census.

Voters in at least two of them would have to agree with Milwaukee County, Racine and Kenosha to form a transit authority.

Of the three, only Caledonia is on the KRM route, although all three have bus service from either Racine's Belle Urban System or Kenosha Transit.

In Dane County, the legislation would require voters in Fitchburg, Middleton, Stoughton and Sun Prairie to agree with those in Madison, giving any one of the five communities a veto over a proposed rail line that initially would run only from Middleton through Madison to Sun Prairie.

And the bill could block a proposal to extend Chicago's Metra commuter trains through Walworth County to Janesville and Beloit, because the combined population of Rock and Walworth counties is less than 375,000.

Eggleston said his group would seek to adjust the population thresholds.