SB418,16,1810 (b) Whenever the proposed operations of an authority would be competitive
11with the operations of a common carrier in existence prior to the time the authority
12commences operations, the authority shall coordinate proposed operations with the
13common carrier to eliminate adverse financial impact for the carrier. This
14coordination may include route overlapping, transfers, transfer points, schedule
15coordination, joint use of facilities, lease of route service, and acquisition of route and
16corollary equipment. If this coordination does not result in mutual agreement, the
17proposals of the authority and the common carrier shall be submitted to the
18department of transportation for arbitration.
SB418,16,2119 (c) In exercising its powers under sub. (4), an authority shall consider any plan
20of a metropolitan planning organization under 23 USC 134 that covers any portion
21of the authority's jurisdictional area.
SB418,17,2 22(6) Authority obligations to employees of mass transportation systems. (a)
23An authority acquiring a comprehensive unified local transportation system for the
24purpose of the authority's operation of the system shall assume all of the employer's

1obligations under any contract between the employees and management of the
2system to the extent allowed by law.
SB418,17,123 (b) An authority acquiring, constructing, controlling, or operating a
4comprehensive unified local transportation system shall negotiate an agreement
5with the representative of the labor organization that covers the employees affected
6by the acquisition, construction, control, or operation to protect the interests of
7employees affected. This agreement shall include all of the provisions identified in
8s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An
9affected employee has all the rights and the same status under subch. IV of ch. 111
10that he or she enjoyed immediately before the acquisition, construction, control, or
11operation and may not be required to serve a probationary period if he or she attained
12permanent status before the acquisition, construction, control, or operation.
SB418,17,1413 (c) In all negotiations under this subsection, a senior executive officer of the
14authority shall be a member of the authority's negotiating body.
SB418,17,19 15(7) Bonds; generally. (a) An authority may issue bonds, the principal and
16interest on which are payable exclusively from all or a portion of any revenues
17received by the authority. The authority may secure its bonds by a pledge of any
18income or revenues from any operations, rent, aids, grants, subsidies, contributions,
19or other source of moneys whatsoever.
SB418,17,2120 (b) An authority may issue bonds in such principal amounts as the authority
21deems necessary.
SB418,17,2422 (c) 1. Neither the members of the board of directors of an authority nor any
23person executing the bonds is personally liable on the bonds by reason of the issuance
24of the bonds.
SB418,18,5
12. The bonds of an authority are not a debt of the participating political
2subdivisions. Neither the participating political subdivisions nor the state are liable
3for the payment of the bonds. The bonds of any authority shall be payable only out
4of funds or properties of the authority. The bonds of the authority shall state the
5restrictions contained in this paragraph on the face of the bonds.
SB418,18,16 6(8) Issuance of bonds. (a) Bonds of an authority shall be authorized by
7resolution of the board of directors. The bonds may be issued under such a resolution
8or under a trust indenture or other security instrument. The bonds may be issued
9in one or more series and may be in the form of coupon bonds or registered bonds
10under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest
11at the rates, be in the denominations, have the rank or priority, be executed in the
12manner, be payable in the medium of payment and at the places, and be subject to
13the terms of redemption, with or without premium, as the resolution, trust
14indenture, or other security instrument provides. Bonds of an authority are issued
15for an essential public and governmental purpose and are public instrumentalities
16and, together with interest and income, are exempt from taxes.
SB418,18,1817 (b) The authority may sell the bonds at public or private sales at the price or
18prices determined by the authority.
SB418,18,2219 (c) If an officer whose signatures appear on any bonds or coupons ceases to be
20an officer of the authority before the delivery of the bonds or coupons, the officer's
21signature shall, nevertheless, be valid for all purposes as if the officer had remained
22in office until delivery of the bonds or coupons.
SB418,18,24 23(9) Covenants. An authority may do all of the following in connection with the
24issuance of bonds:
SB418,18,2525 (a) Covenant as to the use of any or all of its property, real or personal.
SB418,19,2
1(b) Redeem the bonds, or covenant for the redemption of the bonds, and provide
2the terms and conditions of the redemption.
SB418,19,93 (c) Covenant as to charge fees, rates, rents, and charges sufficient to meet
4operating and maintenance expenses, renewals, and replacements of any
5transportation system, principal and debt service on bonds creation and
6maintenance of any reserves required by a bond resolution, trust indenture, or other
7security instrument and to provide for any margins or coverages over and above debt
8service on the bonds that the board of directors considers desirable for the
9marketability of the bonds.
SB418,19,1410 (d) Covenant as to the events of default on the bonds and the terms and
11conditions upon which the bonds shall become or may be declared due before
12maturity, as to the terms and conditions upon which this declaration and its
13consequences may be waived, and as to the consequences of default and the remedies
14of bondholders.
SB418,19,1715 (e) Covenant as to the mortgage or pledge of, or the grant of a security interest
16in, any real or personal property and all or any part of the revenues of the authority
17to secure the payment of bonds, subject to any agreements with the bondholders.
SB418,19,2018 (f) Covenant as to the custody, collection, securing, investment, and payment
19of any revenues, assets, moneys, funds, or property with respect to which the
20authority may have any rights or interest.
SB418,19,2321 (g) Covenant as to the purposes to which the proceeds from the sale of any bonds
22may be applied, and as to the pledge of such proceeds to secure the payment of the
23bonds.
SB418,20,3
1(h) Covenant as to limitations on the issuance of any additional bonds, the
2terms upon which additional bonds may be issued and secured, and the refunding
3of outstanding bonds.
SB418,20,54 (i) Covenant as to the rank or priority of any bonds with respect to any lien or
5security.
SB418,20,96 (j) Covenant as to the procedure by which the terms of any contract with or for
7the benefit of the holders of bonds may be amended or abrogated, the amount of
8bonds, the holders of which must consent thereto, and the manner in which such
9consent may be given.
SB418,20,1210 (k) Covenant as to the custody and safekeeping of any of its properties or
11investments, the insurance to be carried on the property or investments, and the use
12and disposition of insurance proceeds.
SB418,20,1513 (L) Covenant as to the vesting in one or more trustees, within or outside the
14state, of those properties, rights, powers, and duties in trust as the authority
15determines.
SB418,20,1816 (m) Covenant as to the appointing of, and providing for the duties and
17obligations of, one or more paying agent or other fiduciaries within or outside the
18state.
SB418,20,2119 (n) Make all other covenants and do any act that may be necessary or
20convenient or desirable in order to secure its bonds or, in the absolute discretion of
21the authority, tend to make the bonds more marketable.
SB418,20,2522 (o) Execute all instruments necessary or convenient in the exercise of the
23powers granted under this section or in the performance of covenants or duties,
24which may contain such covenants and provisions as a purchaser of the bonds of the
25authority may reasonably require.
SB418,21,12
1(10) Refunding bonds. An authority may issue refunding bonds for the
2purpose of paying any of its bonds at or prior to maturity or upon acceleration or
3redemption. An authority may issue refunding bonds at such time prior to the
4maturity or redemption of the refunded bonds as the authority deems to be in the
5public interest. The refunding bonds may be issued in sufficient amounts to pay or
6provide the principal of the bonds being refunded, together with any redemption
7premium on the bonds, any interest accrued or to accrue to the date of payment of
8the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming
9the bonds being refunded, and such reserves for debt service or other capital or
10current expenses from the proceeds of such refunding bonds as may be required by
11the resolution, trust indenture, or other security instruments. To the extent
12applicable, refunding bonds are subject to subs. (8) and (9).
SB418,21,14 13(11) Bonds eligible for investment. (a) Any of the following may invest funds,
14including capital in their control or belonging to them, in bonds of the authority:
SB418,21,1515 1. Public officers and agencies of the state.
SB418,21,1616 2. Local governmental units, as defined in s. 19.42 (7u).
SB418,21,1717 3. Insurance companies.
SB418,21,1818 4. Trust companies.
SB418,21,1919 5. Banks.
SB418,21,2020 6. Savings banks.
SB418,21,2121 7. Savings and loan associations.
SB418,21,2222 8. Investment companies.
SB418,21,2323 9. Personal representatives.
SB418,21,2424 10. Trustees.
SB418,21,2525 11. Other fiduciaries not listed in this paragraph.
SB418,22,4
1(b) The authority's bonds are securities that may be deposited with and
2received by any officer or agency of the state or any local governmental unit, as
3defined in s. 19.42 (7u), for any purpose for which the deposit of bonds or obligations
4of the state or any local governmental unit is authorized by law.
SB418,22,12 5(12) Budgets; rates and charges; audit. The board of directors of an authority
6shall annually prepare a budget for the authority. Rates and other charges received
7by an authority shall be used only for the general expenses and capital expenditures
8of the authority, to pay interest, amortization, and retirement charges on bonds, and
9for specific purposes of the authority and may not be transferred to any political
10subdivision. The authority shall maintain an accounting system in accordance with
11generally accepted accounting principles and shall have its financial statements and
12debt covenants audited annually by an independent certified public accountant.
SB418,22,15 13(13) Withdrawal from authority. (a) A participating political subdivision that
14joined an authority under sub. (2) (f) 2. may withdraw from an authority if all of the
15following conditions are met:
SB418,22,1716 1. The governing body of the political subdivision adopts a resolution
17requesting withdrawal of the political subdivision from the authority.
SB418,22,1918 2. The political subdivision has paid, or made provision for the payment of, all
19obligations of the political subdivision to the authority.
SB418,23,220 (b) If a participating political subdivision withdraws from an authority, the
21authority shall provide the department of revenue with a certified copy of the
22resolution that approves the withdrawal. The withdrawal is effective on the first day
23of the calendar quarter that begins at least 120 days after the department receives
24the certified copy of the resolution approving the withdrawal. If the authority in
25which the withdrawing political subdivision continues to exist after the withdrawal,

1the authority shall provide information describing the exact boundaries of its
2jurisdictional area, as provided in sub. (4) (s) 2.
SB418,23,4 3(14) Duty to provide transit service. An authority shall provide, or contract
4for the provision of, transit service within the authority's jurisdictional area.
SB418,23,9 5(17) Other statutes. This section does not limit the powers of political
6subdivisions to enter into intergovernmental cooperation or contracts or to establish
7separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or
8otherwise to carry out their powers under applicable statutory provisions. Section
966.0803 (2) does not apply to an authority.
SB418, s. 11 10Section 11. 67.01 (5) of the statutes, as affected by 2011 Wisconsin Act 32, is
11amended to read:
SB418,23,1912 67.01 (5) "Municipality" means any of the following which is authorized to levy
13a tax: a county, city, village, town, school district, board of park commissioners,
14technical college district, metropolitan sewerage district created under ss. 200.01 to
15200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit
16authority created under s. 66.1039,
public inland lake protection and rehabilitation
17district established under s. 33.23, 33.235, or 33.24, and any other public body
18empowered to borrow money and issue obligations to repay the money out of public
19funds or revenues. "Municipality" does not include the state.
SB418, s. 12 20Section 12. 70.11 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
21amended to read:
SB418,24,1122 70.11 (2) Municipal property and property of certain districts, exception.
23Property owned by any county, city, village, town, school district, technical college
24district, public inland lake protection and rehabilitation district, metropolitan
25sewerage district, municipal water district created under s. 198.22, joint local water

1authority created under s. 66.0823, transit authority created under s. 66.1039,
2long-term care district under s. 46.2895 or town sanitary district; lands belonging
3to cities of any other state used for public parks; land tax-deeded to any county or
4city before January 2; but any residence located upon property owned by the county
5for park purposes that is rented out by the county for a nonpark purpose shall not
6be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this
7exemption shall not apply to land conveyed after August 17, 1961, to any such
8governmental unit or for its benefit while the grantor or others for his or her benefit
9are permitted to occupy the land or part thereof in consideration for the conveyance.
10Leasing the property exempt under this subsection, regardless of the lessee and the
11use of the leasehold income, does not render that property taxable.
SB418, s. 13 12Section 13. 71.26 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 32,
13is amended to read:
SB418,24,1814 71.26 (1) (b) Political units. Income received by the United States, the state
15and all counties, cities, villages, towns, school districts, technical college districts,
16joint local water authorities created under s. 66.0823, transit authorities created
17under s. 66.1039,
long-term care districts under s. 46.2895 or other political units
18of this state.
SB418, s. 14 19Section 14. Chapter 77 (title) of the statutes, as affected by 2011 Wisconsin
20Act 32
, section 2177m, is amended to read:
SB418,24,2121 CHAPTER 77
SB418,25,722 TAXATION OF FOREST CROPLANDS;
23 REAL ESTATE TRANSFER FEES;
24 SALES AND USE TAXES; COUNTY,
25TRANSIT AUTHORITY, AND SPECIAL

1DISTRICT SALES AND USE TAXES;
2 MANAGED FOREST LAND; ECONOMIC
3 DEVELOPMENT SURCHARGE; LOCAL FOOD
4 AND BEVERAGE TAX; LOCAL RENTAL
5 CAR TAX; Premier resort area
6 taxes; state rental vehicle fee;
7 dry cleaning fees;
SB418, s. 15 8Section 15. 77.54 (9a) (er) of the statutes is created to read:
SB418,25,99 77.54 (9a) (er) Any transit authority created under s. 66.1039.
SB418, s. 16 10Section 16. Subchapter V (title) of chapter 77 [precedes 77.70] of the statutes,
11as affected by 2011 Wisconsin Act 32, is amended to read:
SB418,25,1212 CHAPTER 77
SB418,25,1313 SUBCHAPTER V
SB418,25,1614 COUNTY, TRANSIT AUTHORITY, AND
15 SPECIAL DISTRICT SALES AND USE
16 TAXES
SB418, s. 17 17Section 17. 77.708 of the statutes is created to read:
SB418,25,24 1877.708 Adoption by resolution and referendum; transit authority. (1)
19A transit authority created under s. 66.1039, by resolution and referendum under s.
2066.1039 (4) (s), may impose a sales tax and a use tax under this subchapter at a rate
21not to exceed 0.5 percent of the sales price or purchase price. Those taxes may be
22imposed only in their entirety. The resolution and referendum shall be effective on
23the first day of the first calendar quarter that begins at least 120 days after the
24adoption of the resolution and affirmative result of the referendum.
SB418,26,6
1(2) Retailers and the department of revenue may not collect a tax under sub.
2(1) for any transit authority created under s. 66.1039 after the calendar quarter
3during which the transit authority adopts a repeal resolution under s. 66.1039 (4) (s),
4except that the department of revenue may collect from retailers taxes that accrued
5before such calendar quarter and fees, interest, and penalties that relate to those
6taxes.
SB418, s. 18 7Section 18. 77.71 of the statutes, as affected by 2011 Wisconsin Act 32, is
8amended to read:
SB418,26,13 977.71 Imposition of county, transit authority, and special district sales
10and use taxes.
Whenever a county sales and use tax ordinance is adopted under
11s. 77.70, a transit authority resolution is adopted under s. 77.708 and affirmed by
12referendum,
or a special district resolution is adopted under s. 77.705 or 77.706, the
13following taxes are imposed:
SB418,26,25 14(1) For the privilege of selling, licensing, leasing, or renting tangible personal
15property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and
16(d), and for the privilege of selling, licensing, performing, or furnishing services a
17sales tax is imposed upon retailers at the rates under s. 77.70 in the case of a county
18tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
19under s. 77.705 or 77.706 in the case of a special district tax of the sales price from
20the sale, license, lease, or rental of tangible personal property and the items,
21property, and goods specified under s. 77.52 (1) (b), (c), and (d), except property taxed
22under sub. (4), sold, licensed, leased, or rented at retail in the county or, special
23district, or transit authority's jurisdictional area, or from selling, licensing,
24performing, or furnishing services described under s. 77.52 (2) in the county or,
25special district, or transit authority's jurisdictional area.
SB418,27,16
1(2) An excise tax is imposed at the rates under s. 77.70 in the case of a county
2tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
3under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
4upon every person storing, using, or otherwise consuming in the county or, special
5district, or transit authority's jurisdictional area tangible personal property, or
6items, property, or goods specified under s. 77.52 (1) (b), (c), or (d), or services if the
7tangible personal property, item, property, good, or service is subject to the state use
8tax under s. 77.53, except that a receipt indicating that the tax under sub. (1), (3),
9or (4) has been paid relieves the buyer of liability for the tax under this subsection
10and except that if the buyer has paid a similar local tax in another state on a purchase
11of the same tangible personal property, item, property, good, or service that tax shall
12be credited against the tax under this subsection and except that for motor vehicles
13that are used for a purpose in addition to retention, demonstration, or display while
14held for sale in the regular course of business by a dealer the tax under this
15subsection is imposed not on the purchase price but on the amount under s. 77.53
16(1m).
SB418,28,4 17(3) An excise tax is imposed upon a contractor engaged in construction
18activities within the county or, special district, or transit authority's jurisdictional
19area,
at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.708
20in the case of a transit authority tax,
or at the rate under s. 77.705 or 77.706 in the
21case of a special district tax of the purchase price of tangible personal property or
22items, property, or goods under s. 77.52 (1) (b), (c), or (d) that are used in constructing,
23altering, repairing, or improving real property and that became a component part of
24real property in that county or special district or in the transit authority's
25jurisdictional area
, except that if the contractor has paid the sales tax of a county,

1transit authority,
or special district in this state on that tangible personal property,
2item, property, or good, or has paid a similar local sales tax in another state on a
3purchase of the same tangible personal property, item, property, or good, that tax
4shall be credited against the tax under this subsection.
SB418,28,15 5(4) An excise tax is imposed at the rates under s. 77.70 in the case of a county
6tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
7under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
8upon every person storing, using, or otherwise consuming a motor vehicle, boat,
9recreational vehicle, as defined in s. 340.01 (48r), or aircraft, if that property must
10be registered or titled with this state and if that property is to be customarily kept
11in a county that has in effect an ordinance under s. 77.70, the jurisdictional area of
12a transit authority that has in effect a resolution under s. 77.708,
or in a special
13district that has in effect a resolution under s. 77.705 or 77.706, except that if the
14buyer has paid a similar local sales tax in another state on a purchase of the same
15property that tax shall be credited against the tax under this subsection.
SB418, s. 19 16Section 19. 77.73 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
17amended to read:
SB418,29,218 77.73 (2) Counties and, special districts, and transit authorities do not have
19jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and
20goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except
21snowmobiles, trailers, semitrailers, and all-terrain vehicles, purchased in a sale
22that is consummated in another county or special district in this state, or in another
23transit authority's jurisdictional area,
that does not have in effect an ordinance or
24resolution imposing the taxes under this subchapter and later brought by the buyer

1into the county or, special district, or jurisdictional area of the transit authority that
2has imposed a tax under s. 77.71 (2).
SB418, s. 20 3Section 20. 77.73 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is
4amended to read:
SB418,29,155 77.73 (3) Counties and, special districts, and transit authorities have
6jurisdiction to impose the taxes under this subchapter on retailers who file, or who
7are required to file, an application under s. 77.52 (7) or who register, or who are
8required to register, under s. 77.53 (9) or (9m), regardless of whether such retailers
9are engaged in business in the county or, special district, or transit authority's
10jurisdictional area,
as provided in s. 77.51 (13g). A retailer who files, or is required
11to file, an application under s. 77.52 (7) or who registers, or is required to register,
12under s. 77.53 (9) or (9m) shall collect, report, and remit to the department the taxes
13imposed under this subchapter for all counties or, special districts, and transit
14authorities
that have an ordinance or resolution imposing the taxes under this
15subchapter.
SB418, s. 21 16Section 21. 77.75 of the statutes, as affected by 2011 Wisconsin Act 32, is
17amended to read:
SB418,29,22 1877.75 Reports. Every person subject to county, transit authority, or special
19district sales and use taxes shall, for each reporting period, record that person's sales
20made in the county or, special district , or jurisdictional area of a transit authority
21that has imposed those taxes separately from sales made elsewhere in this state and
22file a report as prescribed by the department of revenue.
SB418, s. 22 23Section 22. 77.76 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is
24amended to read:
SB418,30,7
177.76 (1) The department of revenue shall have full power to levy, enforce, and
2collect county, transit authority, and special district sales and use taxes and may take
3any action, conduct any proceeding, impose interest and penalties, and in all respects
4proceed as it is authorized to proceed for the taxes imposed by subch. III. The
5department of transportation and the department of natural resources may
6administer the county, transit authority, and special district sales and use taxes in
7regard to items under s. 77.61 (1).
SB418, s. 23 8Section 23. 77.76 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
9amended to read:
SB418,30,1310 77.76 (2) Judicial and administrative review of departmental determinations
11shall be as provided in subch. III for state sales and use taxes, and no county, transit
12authority,
or special district may intervene in any matter related to the levy,
13enforcement, and collection of the taxes under this subchapter.
SB418, s. 24 14Section 24. 77.76 (3r) of the statutes is created to read:
SB418,31,715 77.76 (3r) From the appropriation under s. 20.835 (4) (gc) the department of
16revenue shall distribute 98.5 percent of the taxes reported for each transit authority
17that has imposed taxes under this subchapter, minus the transit authority portion
18of the retailers' discount, to the transit authority no later than the end of the 3rd
19month following the end of the calendar quarter in which such amounts were
20reported. At the time of distribution the department of revenue shall indicate the
21taxes reported by each taxpayer. In this subsection, the "transit authority portion
22of the retailers' discount" is the amount determined by multiplying the total
23retailers' discount by a fraction the numerator of which is the gross transit authority
24sales and use taxes payable and the denominator of which is the sum of the gross
25state and transit authority sales and use taxes payable. The transit authority taxes

1distributed shall be increased or decreased to reflect subsequent refunds, audit
2adjustments, and all other adjustments of the transit authority taxes previously
3distributed. Interest paid on refunds of transit authority sales and use taxes shall
4be paid from the appropriation under s. 20.835 (4) (gc) at the rate paid by this state
5under s. 77.60 (1) (a). Any transit authority receiving a report under this subsection
6is subject to the duties of confidentiality to which the department of revenue is
7subject under s. 77.61 (5).
SB418, s. 25 8Section 25. 77.76 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is
9amended to read:
SB418,31,1510 77.76 (4) There shall be retained by the state 1.5% of the taxes collected for
11taxes imposed by special districts under ss. 77.705 and 77.706 and transit authorities
12under s. 77.708
and 1.75% of the taxes collected for taxes imposed by counties under
13s. 77.70 to cover costs incurred by the state in administering, enforcing, and
14collecting the tax. All interest and penalties collected shall be deposited and retained
15by this state in the general fund.
SB418, s. 26 16Section 26. 77.76 (5) of the statutes is created to read:
SB418,31,2317 77.76 (5) If a retailer receives notice from the department of revenue that the
18retailer is required to collect and remit the taxes imposed under s. 77.708, but the
19retailer believes that the retailer is not required to collect such taxes because the
20retailer is not doing business within the transit authority's jurisdictional area, the
21retailer shall notify the department of revenue no later than 30 days after receiving
22notice from the department. The department of revenue shall affirm or revise its
23original determination no later than 30 days after receiving the retailer's notice.
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