SB205,22,1918 (i) Covenant as to the rank or priority of any bonds with respect to any lien or
19security.
SB205,22,2320 (j) Covenant as to the procedure by which the terms of any contract with or for
21the benefit of the holders of bonds may be amended or abrogated, the amount of
22bonds, the holders of which must consent thereto, and the manner in which such
23consent may be given.
SB205,23,3
1(k) Covenant as to the custody and safekeeping of any of its properties or
2investments, the insurance to be carried on the property or investments and the use
3and disposition of insurance proceeds.
SB205,23,64 (L) Covenant as to the vesting in one or more trustees, within or outside the
5state, of those properties, rights, powers, and duties in trust as the authority
6determines.
SB205,23,97 (m) Covenant as to the appointing of, and providing for the duties and
8obligations of, one or more paying agent or other fiduciaries within or outside the
9state.
SB205,23,1210 (n) Make all other covenants and do any act that may be necessary or
11convenient or desirable in order to secure its bonds or, in the absolute discretion of
12the authority, tend to make the bonds more marketable.
SB205,23,1613 (o) Execute all instruments necessary or convenient in the exercise of the
14powers granted under this section or in the performance of covenants or duties,
15which may contain such covenants and provisions as a purchaser of the bonds of the
16authority may reasonably require.
SB205,24,3 17(10) Refunding bonds. An authority may issue refunding bonds for the
18purpose of paying any of its bonds at or prior to maturity or upon acceleration or
19redemption. An authority may issue refunding bonds at such time prior to the
20maturity or redemption of the refunded bonds as the authority deems to be in the
21public interest. The refunding bonds may be issued in sufficient amounts to pay or
22provide the principal of the bonds being refunded, together with any redemption
23premium on the bonds, any interest accrued or to accrue to the date of payment of
24the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming
25the bonds being refunded, and such reserves for debt service or other capital or

1current expenses from the proceeds of such refunding bonds as may be required by
2the resolution, trust indenture, or other security instruments. To the extent
3applicable, refunding bonds are subject to subs. (8) and (9).
SB205,24,5 4(11) Bonds eligible for investment. (a) Any of the following may invest funds,
5including capital in their control or belonging to them, in bonds of the authority:
SB205,24,66 1. Public officers and agencies of the state.
SB205,24,77 2. Political subdivisions.
SB205,24,88 3. Insurance companies.
SB205,24,99 4. Trust companies.
SB205,24,1010 5. Banks.
SB205,24,1111 6. Savings banks.
SB205,24,1212 7. Savings and loan associations.
SB205,24,1313 8. Investment companies.
SB205,24,1414 9. Personal representatives.
SB205,24,1515 10. Trustees.
SB205,24,1616 11. Other fiduciaries not listed in this paragraph.
SB205,24,2017 (b) The authority's bonds are securities that may be deposited with and
18received by any officer or agency of the state or any political subdivision for any
19purpose for which the deposit of bonds or obligations of the state or any political
20subdivision is authorized by law.
SB205,25,3 21(12) Budgets; rates and charges; audit. The board of directors of an authority
22shall annually prepare a budget for the authority. Rates and other charges received
23by the authority shall be used only for the general expenses and capital expenditures
24of the authority, to pay interest, amortization, and retirement charges on bonds, and
25for specific purposes of the authority and may not be transferred to any political

1subdivision. The authority shall maintain an accounting system in accordance with
2generally accepted accounting principles and shall have its financial statements and
3debt covenants audited annually by an independent certified public accountant.
SB205,25,5 4(13) Withdrawal from authority. (a) A participating political subdivision may
5withdraw from an authority if all of the following conditions are met:
SB205,25,86 1. The governing body of the political subdivision adopts a resolution by a
7majority vote of the members of the governing body requesting withdrawal of the
8political subdivision from the authority.
SB205,25,119 2. The political subdivision has paid, or made provision for the payment of, all
10obligations of the political subdivision to the authority, including its obligations
11relative to any outstanding bonds issued by the authority.
SB205,25,1612 3. Any tax authorized under sub. (4) (s) that is levied by the authority within
13the political subdivision continues to be levied for the period of time for which the
14authority has authorized the tax in a resolution imposing the tax under sub. (4) (s)
15if such a resolution specifies a time period for the tax or until the effective date of a
16tax repeal resolution under sub. (4) (s), whichever occurs first.
SB205,26,617 (b) Unless an earlier date for the termination of the provision of transit services
18has been agreed upon by the withdrawing political subdivision and the authority, if
19a political subdivision has withdrawn from an authority as provided in par. (a), the
20political subdivision shall continue to receive services from the authority, in the same
21manner and to the same extent as those provided to the remaining participating
22political subdivisions, for so long as the tax continues to be levied as provided in par.
23(a) 3. Nothing in this paragraph prohibits an authority from changing the manner
24and extent to which it provides services, including in the withdrawing political
25subdivision, as long as the services provided in the withdrawing political subdivision

1remain comparable to those provided in the remaining political subdivisions while
2the tax continues to be levied in the withdrawing political subdivision. The
3remaining political subdivisions may choose to increase the tax under sub. (4) (s) and
4are not required to extend the additional services provided by such additional tax to
5the withdrawing political subdivision if the additional tax is not also collected in the
6withdrawing political subdivision.
SB205,26,117 (c) If a political subdivision has withdrawn from an authority as provided in
8par. (a), the articles of incorporation of the authority shall be amended to reflect the
9withdrawal of the political subdivision and this amendment shall be filed and
10published, in the same manner as a resolution, by the withdrawing political
11subdivision and each participating political subdivision.
SB205,26,1312 (d) Withdrawal of a political subdivision from an authority is subject to the
13resolution provisions specified in sub. (2) (c) 12.
SB205,26,25 14(14) Dissolution of authority. An authority may be dissolved if the authority
15adopts a resolution dissolving the authority. Dissolution of an authority is subject
16to the resolution provisions specified in sub. (2) (c) 12. Dissolution of an authority
17may not occur until all outstanding indebtedness of the authority has been paid and
18all unexpended funds returned to the participating political subdivisions that
19supplied them, or until adequate provision has been made for the outstanding
20indebtedness or unexpended funds. An authority may not be dissolved so long as it
21has bonds outstanding, unless provision for full payment of such bonds, by escrow
22or otherwise, has been made pursuant to the terms of the bonds or the resolution,
23trust indenture, or security instrument securing the bonds. The authority shall
24notify the department of revenue of the authority's dissolution at least 120 days
25before the dissolution's effective date.
SB205,27,5
1(15) Other statutes. This section does not limit the powers of political
2subdivisions to enter into intergovernmental cooperation or contracts or to establish
3separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or
4otherwise to carry out their powers under applicable statutory provisions. Section
566.0803 (2) does not apply to an authority.
SB205, s. 12 6Section 12. 67.01 (5) of the statutes is amended to read:
SB205,27,147 67.01 (5) "Municipality" means any of the following which is authorized to levy
8a tax: a county, city, village, town, school district, board of park commissioners,
9technical college district, metropolitan sewerage district created under ss. 200.01 to
10200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit
11authority created under s. 66.1039,
public inland lake protection and rehabilitation
12district established under s. 33.23, 33.235, or 33.24 , and any other public body
13empowered to borrow money and issue obligations to repay the money out of public
14funds or revenues. "Municipality" does not include the state.
SB205, s. 13 15Section 13. 70.11 (2) of the statutes is amended to read:
SB205,28,516 70.11 (2) Municipal property and property of certain districts, exception.
17Property owned by any county, city, village, town, school district, technical college
18district, public inland lake protection and rehabilitation district, metropolitan
19sewerage district, municipal water district created under s. 198.22, joint local water
20authority created under s. 66.0823, transit authority created under s. 66.1039,
21long-term care district under s. 46.2895 or town sanitary district; lands belonging
22to cities of any other state used for public parks; land tax-deeded to any county or
23city before January 2; but any residence located upon property owned by the county
24for park purposes that is rented out by the county for a nonpark purpose shall not
25be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this

1exemption shall not apply to land conveyed after August 17, 1961, to any such
2governmental unit or for its benefit while the grantor or others for his or her benefit
3are permitted to occupy the land or part thereof in consideration for the conveyance.
4Leasing the property exempt under this subsection, regardless of the lessee and the
5use of the leasehold income, does not render that property taxable.
SB205, s. 14 6Section 14. 71.26 (1) (b) of the statutes is amended to read:
SB205,28,117 71.26 (1) (b) Political units. Income received by the United States, the state
8and all counties, cities, villages, towns, school districts, technical college districts,
9joint local water authorities created under s. 66.0823, transit authorities created
10under s. 66.1039,
long-term care districts under s. 46.2895 or other political units
11of this state.
SB205, s. 15 12Section 15. Chapter 77 (title) of the statutes is amended to read:
SB205,29,213 Chapter 77
14 TAXATION OF FOREST CROPLANDS;
15 REAL ESTATE TRANSFER FEES;
16 SALES AND USE TAXES;
17 COUNTY, transit authority,
18 AND SPECIAL DISTRICT SALES AND
19 USE TAXES; MANAGED FOREST LAND;
20 RECYCLING SURCHARGE;
21 LOCAL FOOD AND BEVERAGE TAX;
22 LOCAL RENTAL CAR TAX;
23 PREMIER RESORT AREA TAXES;
24 STATE RENTAL VEHICLE FEE;

1DRY CLEANING FEES;
2 REGIONAL TRANSIT AUTHORITY FEE
SB205, s. 16 3Section 16. 77.54 (9a) (er) of the statutes is created to read:
SB205,29,44 77.54 (9a) (er) Any transit authority created under s. 66.1039.
SB205, s. 17 5Section 17. Subchapter V (title) of chapter 77 [precedes 77.70] of the statutes
6is amended to read:
SB205,29,77 Chapter 77
SB205,29,118 SUBCHAPTER V
9 COUNTY, transit
10 authority,
AND SPECIAL DISTRICT
11 SALES AND USE TAXES
SB205, s. 18 12Section 18. 77.708 of the statutes is created to read:
SB205,29,19 1377.708 Adoption by resolution; transit authority. (1) A transit authority
14created under s. 66.1039, by resolution under s. 66.1039 (4) (s), may impose a sales
15tax and a use tax under this subchapter at a rate not to exceed 0.5 percent of the gross
16receipts or sales price or, if lower, not to exceed the maximum rate established by
17resolution under s. 66.1039 (2) (c) 10. Those taxes may be imposed only in their
18entirety. The resolution shall be effective on the first day of the first calendar quarter
19that begins at least 120 days after the adoption of the resolution.
SB205,29,25 20(2) Retailers and the department of revenue may not collect a tax under sub.
21(1) for any transit authority created under s. 66.1039 after the calendar quarter
22during which the transit authority adopts a repeal resolution under s. 66.1039 (4) (s)
23or dissolves as provided under s. 66.1039 (14), except that the department of revenue
24may collect from retailers taxes that accrued before such calendar quarter and fees,
25interest, and penalties that relate to those taxes.
SB205, s. 19
1Section 19. 77.71 (intro.) of the statutes is amended to read:
SB205,30,6 277.71 Imposition of county, transit authority, and special district sales
3and use taxes.
(intro.) Whenever a county sales and use tax ordinance is adopted
4under s. 77.70, a transit authority resolution is adopted under s. 77.708, or a special
5district resolution is adopted under s. 77.705 or 77.706, the following taxes are
6imposed:
SB205, s. 20 7Section 20. 77.71 (1) of the statutes is amended to read:
SB205,30,178 77.71 (1) For the privilege of selling, leasing, or renting tangible personal
9property and for the privilege of selling, performing, or furnishing services a sales
10tax is imposed upon retailers at the rate of 0.5% in the case of a county tax, at the
11rate under s. 77.708 in the case of a transit authority tax,
or at the rate under s.
1277.705 or 77.706 in the case of a special district tax of the gross receipts from the sale,
13lease, or rental of tangible personal property, except property taxed under sub. (4),
14sold, leased, or rented at retail in the county or, special district, or transit authority's
15jurisdictional area,
or from selling, performing, or furnishing services described
16under s. 77.52 (2) in the county or, special district, or transit authority's jurisdictional
17area
.
SB205, s. 21 18Section 21. 77.71 (2) of the statutes is amended to read:
SB205,31,719 77.71 (2) An excise tax is imposed at the rate of 0.5% in the case of a county tax,
20at the rate under s. 77.708 in the case of a transit authority tax,
or at the rate under
21s. 77.705 or 77.706 in the case of a special district tax of the sales price upon every
22person storing, using, or otherwise consuming in the county or, special district, or
23transit authority's jurisdictional area
tangible personal property or services if the
24property or service is subject to the state use tax under s. 77.53, except that a receipt
25indicating that the tax under sub. (1), (3), or (4) has been paid relieves the buyer of

1liability for the tax under this subsection and except that if the buyer has paid a
2similar local tax in another state on a purchase of the same property or services that
3tax shall be credited against the tax under this subsection and except that for motor
4vehicles that are used for a purpose in addition to retention, demonstration, or
5display while held for sale in the regular course of business by a dealer the tax under
6this subsection is imposed not on the sales price but on the amount under s. 77.53
7(1m).
SB205, s. 22 8Section 22. 77.71 (3) of the statutes is amended to read:
SB205,31,209 77.71 (3) An excise tax is imposed upon a contractor engaged in construction
10activities within the county or, special district, or transit authority's jurisdictional
11area
, at the rate of 0.5% in the case of a county tax, at the rate under s. 77.708 in the
12case of a transit authority tax,
or at the rate under s. 77.705 or 77.706 in the case of
13a special district tax of the sales price of tangible personal property that is used in
14constructing, altering, repairing, or improving real property and that becomes a
15component part of real property in that county or special district or in the transit
16authority's jurisdictional area
, except that if the contractor has paid the sales tax of
17a county in the case of a county tax, transit authority, or of a special district in the
18case of a special district tax
in this state on that property, or has paid a similar local
19sales tax in another state on a purchase of the same property, that tax shall be
20credited against the tax under this subsection.
SB205, s. 23 21Section 23. 77.71 (4) of the statutes is amended to read:
SB205,32,822 77.71 (4) An excise tax is imposed at the rate of 0.5 percent in the case of a
23county tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the
24rate under s. 77.705 or 77.706 in the case of a special district tax of the sales price
25upon every person storing, using or otherwise consuming a motor vehicle, boat,

1snowmobile, recreational vehicle, as defined in s. 340.01 (48r), trailer, semitrailer,
2all-terrain vehicle or aircraft, if that property must be registered or titled with this
3state and if that property is to be customarily kept in a county that has in effect an
4ordinance under s. 77.70, the jurisdictional area of a transit authority that has in
5effect a resolution under s. 77.708,
or in a special district that has in effect a
6resolution under s. 77.705 or 77.706, except that if the buyer has paid a similar local
7sales tax in another state on a purchase of the same property that tax shall be
8credited against the tax under this subsection.
SB205, s. 24 9Section 24. 77.73 of the statutes is amended to read:
SB205,32,15 1077.73 Jurisdiction to tax. (1) Retailers making deliveries in their
11company-operated vehicles of tangible personal property, or of property on which
12taxable services were performed, to purchasers in a county or, special district, or
13transit authority's jurisdictional area
are doing business in that county or, special
14district, or jurisdictional area, and that county or, special district, or transit
15authority
has jurisdiction to impose the taxes under this subchapter on them.
SB205,32,22 16(2) Counties and, special districts, and transit authorities do not have
17jurisdiction to impose the tax under s. 77.71 (2) in regard to tangible personal
18property purchased in a sale that is consummated in another county or special
19district in this state, or in another transit authority's jurisdictional area, that does
20not have in effect an ordinance or resolution imposing the taxes under this
21subchapter and later brought by the buyer into the county or, special district, or
22jurisdictional area of the transit authority
that has imposed a tax under s. 77.71 (2).
SB205, s. 25 23Section 25. 77.75 of the statutes is amended to read:
SB205,33,4 2477.75 Reports. Every person subject to county, transit authority, or special
25district sales and use taxes shall, for each reporting period, record that person's sales

1made in the county or special district, or jurisdictional area of a transit authority,
2that has imposed those taxes separately from sales made elsewhere in this state and
3file a report of the measure of the county or special district sales and use taxes and
4the tax due thereon separately.
SB205, s. 26 5Section 26. 77.76 (1) of the statutes is amended to read:
SB205,33,126 77.76 (1) The department of revenue shall have full power to levy, enforce, and
7collect county, transit authority, and special district sales and use taxes and may take
8any action, conduct any proceeding, impose interest and penalties, and in all respects
9proceed as it is authorized to proceed for the taxes imposed by subch. III. The
10department of transportation and the department of natural resources may
11administer the county, transit authority, and special district sales and use taxes in
12regard to items under s. 77.61 (1).
SB205, s. 27 13Section 27. 77.76 (2) of the statutes is amended to read:
SB205,33,1714 77.76 (2) Judicial and administrative review of departmental determinations
15shall be as provided in subch. III for state sales and use taxes, and no county, transit
16authority,
or special district may intervene in any matter related to the levy,
17enforcement, and collection of the taxes under this subchapter.
SB205, s. 28 18Section 28. 77.76 (3r) of the statutes is created to read:
SB205,34,1119 77.76 (3r) From the appropriation under s. 20.835 (4) (gc) the department of
20revenue shall distribute 98.5 percent of the taxes reported for each transit authority
21that has imposed taxes under this subchapter, minus the transit authority portion
22of the retailers' discount, to the transit authority no later than the end of the 3rd
23month following the end of the calendar quarter in which such amounts were
24reported. At the time of distribution the department of revenue shall indicate the
25taxes reported by each taxpayer. In this subsection, the "transit authority portion

1of the retailers' discount" is the amount determined by multiplying the total
2retailers' discount by a fraction the numerator of which is the gross transit authority
3sales and use taxes payable and the denominator of which is the sum of the gross
4state and transit authority sales and use taxes payable. The transit authority taxes
5distributed shall be increased or decreased to reflect subsequent refunds, audit
6adjustments, and all other adjustments of the transit authority taxes previously
7distributed. Interest paid on refunds of transit authority sales and use taxes shall
8be paid from the appropriation under s. 20.835 (4) (gc) at the rate paid by this state
9under s. 77.60 (1) (a). Any transit authority receiving a report under this subsection
10is subject to the duties of confidentiality to which the department of revenue is
11subject under s. 77.61 (5).
SB205, s. 29 12Section 29. 77.76 (4) of the statutes is amended to read:
SB205,34,1813 77.76 (4) There shall be retained by the state 1.5% of the taxes collected for
14taxes imposed by special districts under ss. 77.705 and 77.706 and transit authorities
15under s. 77.708
and 1.75% of the taxes collected for taxes imposed by counties under
16s. 77.70 to cover costs incurred by the state in administering, enforcing, and
17collecting the tax. All interest and penalties collected shall be deposited and retained
18by this state in the general fund.
SB205, s. 30 19Section 30. 77.76 (5) of the statutes is created to read:
SB205,35,220 77.76 (5) If a retailer receives notice from the department of revenue that the
21retailer is required to collect and remit the taxes imposed under s. 77.708, but the
22retailer believes that the retailer is not required to collect such taxes because the
23retailer is not doing business within the transit authority's jurisdiction, the retailer
24shall notify the department of revenue no later than 30 days after receiving notice

1from the department. The department of revenue shall affirm or revise its original
2determination no later than 30 days after receiving the retailer's notice.
SB205, s. 31 3Section 31. 77.77 (1) of the statutes is amended to read:
SB205,35,94 77.77 (1) The gross receipts from services subject to the tax under s. 77.52 (2)
5are not subject to the taxes under this subchapter, and the incremental amount of
6tax caused by a rate increase applicable to those services is not due, if those services
7are billed to the customer and paid for before the effective date of the county
8ordinance, special district resolution, transit authority resolution, or rate increase,
9whether the service is furnished to the customer before or after that date.
SB205, s. 32 10Section 32. 77.77 (1) of the statutes, as affected by 2009 Wisconsin Acts 2 and
11.... (this act), is repealed and recreated to read:
SB205,35,2012 77.77 (1) (a) The sales price from services subject to the tax under s. 77.52 (2)
13or the lease, rental, or license of tangible personal property and property, items, and
14goods specified under s. 77.52 (1) (b), (c), and (d), is subject to the taxes under this
15subchapter, and the incremental amount of tax caused by a rate increase applicable
16to those services, leases, rentals, or licenses is due, beginning with the first billing
17period starting on or after the effective date of the county ordinance, special district
18resolution, transit authority resolution, or rate increase, regardless of whether the
19service is furnished or the property, item, or good is leased, rented, or licensed to the
20customer before or after that date.
SB205,36,421 (b) The sales price from services subject to the tax under s. 77.52 (2) or the lease,
22rental, or license of tangible personal property and property, items, and goods
23specified under s. 77.52 (1) (b), (c), and (d), is not subject to the taxes under this
24subchapter, and a decrease in the tax rate imposed under this subchapter on those
25services first applies, beginning with bills rendered on or after the effective date of

1the repeal or sunset of a county ordinance, transit authority resolution, or special
2district resolution imposing the tax or other rate decrease, regardless of whether the
3service is furnished or the property, item, or good is leased, rented, or licensed to the
4customer before or after that date.
SB205, s. 33 5Section 33. 77.77 (2) of the statutes is amended to read:
SB205,36,106 77.77 (2) Lease or rental receipts from tangible personal property that the
7lessor is obligated to furnish at a fixed price under a contract entered into before the
8effective date of a county ordinance, transit authority resolution, or special district
9resolution are subject to the taxes under this subchapter on the effective date of the
10ordinance or resolution, as provided for the state sales tax under s. 77.54 (18).
SB205, s. 34 11Section 34. 77.77 (2) of the statutes, as affected by 2009 Wisconsin Act .... (this
12act), is repealed.
SB205, s. 35 13Section 35. 77.77 (3) of the statutes is amended to read:
SB205,36,2314 77.77 (3) The sale of building materials to contractors engaged in the business
15of constructing, altering, repairing or improving real estate for others is not subject
16to the taxes under this subchapter, and the incremental amount of tax caused by the
17rate increase applicable to those materials is not due, if the materials are affixed and
18made a structural part of real estate, and the amount payable to the contractor is
19fixed without regard to the costs incurred in performing a written contract that was
20irrevocably entered into prior to the effective date of the county ordinance, special
21district resolution, transit authority resolution, or rate increase or that resulted from
22the acceptance of a formal written bid accompanied by a bond or other performance
23guaranty that was irrevocably submitted before that date.
SB205, s. 36 24Section 36. 77.78 of the statutes is amended to read:
SB205,37,7
177.78 Registration. No motor vehicle, boat, snowmobile, recreational vehicle,
2as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle or aircraft that
3is required to be registered by this state may be registered or titled by this state
4unless the registrant files a sales and use tax report and pays the county tax, transit
5authority tax,
and special district tax at the time of registering or titling to the state
6agency that registers or titles the property. That state agency shall transmit those
7tax revenues to the department of revenue.
SB205, s. 37 8Section 37. 345.05 (1) (a) of the statutes is renumbered 345.05 (1) (am).
SB205, s. 38 9Section 38. 345.05 (1) (ag) of the statutes is created to read:
SB205,37,1010 345.05 (1) (ag) "Authority" means a transit authority created under s. 66.1039.
SB205, s. 39 11Section 39. 345.05 (2) of the statutes is amended to read:
SB205,37,2012 345.05 (2) A person suffering any damage proximately resulting from the
13negligent operation of a motor vehicle owned and operated by a municipality or
14authority
, which damage was occasioned by the operation of the motor vehicle in the
15course of its business, may file a claim for damages against the municipality or
16authority
concerned and the governing body thereof of the municipality, or the board
17of directors of the authority,
may allow, compromise, settle and pay the claim. In this
18subsection, a motor vehicle is deemed owned and operated by a municipality or
19authority
if the vehicle is either being rented or leased, or is being purchased under
20a contract whereby the municipality or authority will acquire title.
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