AB298,18,97 (f) Covenant as to the custody, collection, securing, investment, and payment
8of any revenues, assets, moneys, funds, or property with respect to which the
9authority may have any rights or interest.
AB298,18,1210 (g) Covenant as to the purposes to which the proceeds from the sale of any bonds
11may be applied, and as to the pledge of such proceeds to secure the payment of the
12bonds.
AB298,18,1513 (h) Covenant as to limitations on the issuance of any additional bonds, the
14terms upon which additional bonds may be issued and secured, and the refunding
15of outstanding bonds.
AB298,18,1716 (i) Covenant as to the rank or priority of any bonds with respect to any lien or
17security.
AB298,18,2118 (j) Covenant as to the procedure by which the terms of any contract with or for
19the benefit of the holders of bonds may be amended or abrogated, the amount of
20bonds, the holders of which must consent thereto, and the manner in which such
21consent may be given.
AB298,18,2422 (k) Covenant as to the custody and safekeeping of any of its properties or
23investments, the insurance to be carried on the property or investments, and the use
24and disposition of insurance proceeds.
AB298,19,3
1(L) Covenant as to the vesting in one or more trustees, within or outside the
2state, of those properties, rights, powers, and duties in trust as the authority
3determines.
AB298,19,64 (m) Covenant as to the appointing of, and providing for the duties and
5obligations of, one or more paying agent or other fiduciaries within or outside the
6state.
AB298,19,97 (n) Make all other covenants and do any act that may be necessary or
8convenient or desirable in order to secure its bonds or, in the absolute discretion of
9the authority, tend to make the bonds more marketable.
AB298,19,1310 (o) Execute all instruments necessary or convenient in the exercise of the
11powers granted under this section or in the performance of covenants or duties,
12which may contain such covenants and provisions as a purchaser of the bonds of the
13authority may reasonably require.
AB298,19,25 14(10) Refunding bonds. An authority may issue refunding bonds for the
15purpose of paying any of its bonds at or prior to maturity or upon acceleration or
16redemption. An authority may issue refunding bonds at such time prior to the
17maturity or redemption of the refunded bonds as the authority deems to be in the
18public interest. The refunding bonds may be issued in sufficient amounts to pay or
19provide the principal of the bonds being refunded, together with any redemption
20premium on the bonds, any interest accrued or to accrue to the date of payment of
21the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming
22the bonds being refunded, and such reserves for debt service or other capital or
23current expenses from the proceeds of such refunding bonds as may be required by
24the resolution, trust indenture, or other security instruments. To the extent
25applicable, refunding bonds are subject to subs. (8) and (9).
AB298,20,2
1(11) Bonds eligible for investment. (a) Any of the following may invest funds,
2including capital in their control or belonging to them, in bonds of the authority:
AB298,20,33 1. Public officers and agencies of the state.
AB298,20,44 2. Local governmental units, as defined in s. 19.42 (7u).
AB298,20,55 3. Insurance companies.
AB298,20,66 4. Trust companies.
AB298,20,77 5. Banks.
AB298,20,88 6. Savings banks.
AB298,20,99 7. Savings and loan associations.
AB298,20,1010 8. Investment companies.
AB298,20,1111 9. Personal representatives.
AB298,20,1212 10. Trustees.
AB298,20,1313 11. Other fiduciaries not listed in this paragraph.
AB298,20,1714 (b) The authority's bonds are securities that may be deposited with and
15received by any officer or agency of the state or any local governmental unit, as
16defined in s. 19.42 (7u), for any purpose for which the deposit of bonds or obligations
17of the state or any local governmental unit is authorized by law.
AB298,20,25 18(12) Budgets; rates and charges; audit. The board of directors of an authority
19shall annually prepare a budget for the authority. Rates and other charges received
20by an authority shall be used only for the general expenses and capital expenditures
21of the authority, to pay interest, amortization, and retirement charges on bonds, and
22for specific purposes of the authority and may not be transferred to any political
23subdivision. The authority shall maintain an accounting system in accordance with
24generally accepted accounting principles and shall have its financial statements and
25debt covenants audited annually by an independent certified public accountant.
AB298,21,3
1(13) Withdrawal from authority. A participating political subdivision that
2joined an authority under sub. (2) (b) 3. may withdraw from an authority if all of the
3following conditions are met:
AB298,21,54 (a) The governing body of the political subdivision adopts a resolution
5requesting withdrawal of the political subdivision from the authority.
AB298,21,76 (b) The political subdivision has paid, or made provision for the payment of, all
7obligations of the political subdivision to the authority.
AB298,21,158 (c) If a participating political subdivision withdraws from an authority, the
9authority shall provide the department of revenue with a certified copy of the
10resolution that approves the withdrawal. The withdrawal is effective on the first day
11of the calendar quarter that begins at least 120 days after the department receives
12the certified copy of the resolution approving the withdrawal. If the authority in
13which the withdrawing political subdivision continues to exist after the withdrawal,
14the authority shall provide information describing the exact boundaries of its
15jurisdictional area, as provided in sub. (4) (s) 2.
AB298,21,17 16(14) Duty to provide transit service. An authority shall provide, or contract
17for the provision of, transit service within the authority's jurisdictional area.
AB298,21,22 18(17) Other statutes. This section does not limit the powers of political
19subdivisions to enter into intergovernmental cooperation or contracts or to establish
20separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or
21otherwise to carry out their powers under applicable statutory provisions. Section
2266.0803 (2) does not apply to an authority.
AB298, s. 11 23Section 11. 67.01 (5) of the statutes, as affected by 2011 Wisconsin Act 32, is
24amended to read:
AB298,22,8
167.01 (5) "Municipality" means any of the following which is authorized to levy
2a tax: a county, city, village, town, school district, board of park commissioners,
3technical college district, metropolitan sewerage district created under ss. 200.01 to
4200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit
5authority created under s. 66.1039,
public inland lake protection and rehabilitation
6district established under s. 33.23, 33.235, or 33.24, and any other public body
7empowered to borrow money and issue obligations to repay the money out of public
8funds or revenues. "Municipality" does not include the state.
AB298, s. 12 9Section 12. 70.11 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
10amended to read:
AB298,22,2511 70.11 (2) Municipal property and property of certain districts, exception.
12Property owned by any county, city, village, town, school district, technical college
13district, public inland lake protection and rehabilitation district, metropolitan
14sewerage district, municipal water district created under s. 198.22, joint local water
15authority created under s. 66.0823, transit authority created under s. 66.1039,
16long-term care district under s. 46.2895 or town sanitary district; lands belonging
17to cities of any other state used for public parks; land tax-deeded to any county or
18city before January 2; but any residence located upon property owned by the county
19for park purposes that is rented out by the county for a nonpark purpose shall not
20be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this
21exemption shall not apply to land conveyed after August 17, 1961, to any such
22governmental unit or for its benefit while the grantor or others for his or her benefit
23are permitted to occupy the land or part thereof in consideration for the conveyance.
24Leasing the property exempt under this subsection, regardless of the lessee and the
25use of the leasehold income, does not render that property taxable.
AB298, s. 13
1Section 13. 71.26 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 32,
2is amended to read:
AB298,23,73 71.26 (1) (b) Political units. Income received by the United States, the state
4and all counties, cities, villages, towns, school districts, technical college districts,
5joint local water authorities created under s. 66.0823, transit authorities created
6under s. 66.1039,
long-term care districts under s. 46.2895 or other political units
7of this state.
AB298, s. 14 8Section 14. Chapter 77 (title) of the statutes, as affected by 2011 Wisconsin
9Act 32
, section 2177m, is amended to read:
AB298,23,1010 CHAPTER 77
AB298,23,2111 TAXATION OF FOREST CROPLANDS;
12 REAL ESTATE TRANSFER FEES;
13 SALES AND USE TAXES; COUNTY,
14TRANSIT AUTHORITY, AND SPECIAL
15 DISTRICT SALES AND USE TAXES;
16 MANAGED FOREST LAND; ECONOMIC
17 DEVELOPMENT SURCHARGE; LOCAL FOOD
18 AND BEVERAGE TAX; LOCAL RENTAL
19 CAR TAX; Premier resort area
20 taxes; state rental vehicle fee;
21 dry cleaning fees;
AB298, s. 15 22Section 15. 77.54 (9a) (er) of the statutes is created to read:
AB298,23,2323 77.54 (9a) (er) Any transit authority created under s. 66.1039.
AB298, s. 16 24Section 16. Subchapter V (title) of chapter 77 [precedes 77.70] of the statutes,
25as affected by 2011 Wisconsin Act 32, is amended to read:
AB298,24,1
1CHAPTER 77
AB298,24,22 SUBCHAPTER V
AB298,24,53 COUNTY, TRANSIT AUTHORITY, AND
4 SPECIAL DISTRICT SALES AND USE
5 TAXES
AB298, s. 17 6Section 17. 77.708 of the statutes is created to read:
AB298,24,13 777.708 Adoption by resolution and referendum; transit authority. (1)
8A transit authority created under s. 66.1039, by resolution and referendum under s.
966.1039 (4) (s), may impose a sales tax and a use tax under this subchapter at a rate
10not to exceed 0.5 percent of the sales price or purchase price. Those taxes may be
11imposed only in their entirety. The resolution and referendum shall be effective on
12the first day of the first calendar quarter that begins at least 120 days after the
13adoption of the resolution and affirmative result of the referendum.
AB298,24,19 14(2) Retailers and the department of revenue may not collect a tax under sub.
15(1) for any transit authority created under s. 66.1039 after the calendar quarter
16during which the transit authority adopts a repeal resolution under s. 66.1039 (4) (s),
17except that the department of revenue may collect from retailers taxes that accrued
18before such calendar quarter and fees, interest, and penalties that relate to those
19taxes.
AB298, s. 18 20Section 18. 77.71 of the statutes, as affected by 2011 Wisconsin Act 32, is
21amended to read:
AB298,25,2 2277.71 Imposition of county, transit authority, and special district sales
23and use taxes.
Whenever a county sales and use tax ordinance is adopted under
24s. 77.70, a transit authority resolution is adopted under s. 77.708 and affirmed by

1referendum,
or a special district resolution is adopted under s. 77.705 or 77.706, the
2following taxes are imposed:
AB298,25,14 3(1) For the privilege of selling, licensing, leasing, or renting tangible personal
4property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and
5(d), and for the privilege of selling, licensing, performing, or furnishing services a
6sales tax is imposed upon retailers at the rates under s. 77.70 in the case of a county
7tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
8under s. 77.705 or 77.706 in the case of a special district tax of the sales price from
9the sale, license, lease, or rental of tangible personal property and the items,
10property, and goods specified under s. 77.52 (1) (b), (c), and (d), except property taxed
11under sub. (4), sold, licensed, leased, or rented at retail in the county or, special
12district, or transit authority's jurisdictional area, or from selling, licensing,
13performing, or furnishing services described under s. 77.52 (2) in the county or,
14special district, or transit authority's jurisdictional area.
AB298,26,5 15(2) An excise tax is imposed at the rates under s. 77.70 in the case of a county
16tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
17under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
18upon every person storing, using, or otherwise consuming in the county or, special
19district, or transit authority's jurisdictional area tangible personal property, or
20items, property, or goods specified under s. 77.52 (1) (b), (c), or (d), or services if the
21tangible personal property, item, property, good, or service is subject to the state use
22tax under s. 77.53, except that a receipt indicating that the tax under sub. (1), (3),
23or (4) has been paid relieves the buyer of liability for the tax under this subsection
24and except that if the buyer has paid a similar local tax in another state on a purchase
25of the same tangible personal property, item, property, good, or service that tax shall

1be credited against the tax under this subsection and except that for motor vehicles
2that are used for a purpose in addition to retention, demonstration, or display while
3held for sale in the regular course of business by a dealer the tax under this
4subsection is imposed not on the purchase price but on the amount under s. 77.53
5(1m).
AB298,26,18 6(3) An excise tax is imposed upon a contractor engaged in construction
7activities within the county or, special district, or transit authority's jurisdictional
8area,
at the rates under s. 77.70 in the case of a county tax, at the rate under s. 77.708
9in the case of a transit authority tax,
or at the rate under s. 77.705 or 77.706 in the
10case of a special district tax of the purchase price of tangible personal property or
11items, property, or goods under s. 77.52 (1) (b), (c), or (d) that are used in constructing,
12altering, repairing, or improving real property and that became a component part of
13real property in that county or special district or in the transit authority's
14jurisdictional area
, except that if the contractor has paid the sales tax of a county,
15transit authority,
or special district in this state on that tangible personal property,
16item, property, or good, or has paid a similar local sales tax in another state on a
17purchase of the same tangible personal property, item, property, or good, that tax
18shall be credited against the tax under this subsection.
AB298,27,4 19(4) An excise tax is imposed at the rates under s. 77.70 in the case of a county
20tax, at the rate under s. 77.708 in the case of a transit authority tax, or at the rate
21under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
22upon every person storing, using, or otherwise consuming a motor vehicle, boat,
23recreational vehicle, as defined in s. 340.01 (48r), or aircraft, if that property must
24be registered or titled with this state and if that property is to be customarily kept
25in a county that has in effect an ordinance under s. 77.70, the jurisdictional area of

1a transit authority that has in effect a resolution under s. 77.708,
or in a special
2district that has in effect a resolution under s. 77.705 or 77.706, except that if the
3buyer has paid a similar local sales tax in another state on a purchase of the same
4property that tax shall be credited against the tax under this subsection.
AB298, s. 19 5Section 19. 77.73 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
6amended to read:
AB298,27,157 77.73 (2) Counties and, special districts, and transit authorities do not have
8jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and
9goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except
10snowmobiles, trailers, semitrailers, and all-terrain vehicles, purchased in a sale
11that is consummated in another county or special district in this state, or in another
12transit authority's jurisdictional area,
that does not have in effect an ordinance or
13resolution imposing the taxes under this subchapter and later brought by the buyer
14into the county or, special district , or jurisdictional area of the transit authority that
15has imposed a tax under s. 77.71 (2).
AB298, s. 20 16Section 20. 77.73 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is
17amended to read:
AB298,28,318 77.73 (3) Counties and, special districts, and transit authorities have
19jurisdiction to impose the taxes under this subchapter on retailers who file, or who
20are required to file, an application under s. 77.52 (7) or who register, or who are
21required to register, under s. 77.53 (9) or (9m), regardless of whether such retailers
22are engaged in business in the county or, special district, or transit authority's
23jurisdictional area,
as provided in s. 77.51 (13g). A retailer who files, or is required
24to file, an application under s. 77.52 (7) or who registers, or is required to register,
25under s. 77.53 (9) or (9m) shall collect, report, and remit to the department the taxes

1imposed under this subchapter for all counties or , special districts, and transit
2authorities
that have an ordinance or resolution imposing the taxes under this
3subchapter.
AB298, s. 21 4Section 21. 77.75 of the statutes, as affected by 2011 Wisconsin Act 32, is
5amended to read:
AB298,28,10 677.75 Reports. Every person subject to county, transit authority, or special
7district sales and use taxes shall, for each reporting period, record that person's sales
8made in the county or, special district , or jurisdictional area of a transit authority
9that has imposed those taxes separately from sales made elsewhere in this state and
10file a report as prescribed by the department of revenue.
AB298, s. 22 11Section 22. 77.76 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is
12amended to read:
AB298,28,1913 77.76 (1) The department of revenue shall have full power to levy, enforce, and
14collect county, transit authority, and special district sales and use taxes and may take
15any action, conduct any proceeding, impose interest and penalties, and in all respects
16proceed as it is authorized to proceed for the taxes imposed by subch. III. The
17department of transportation and the department of natural resources may
18administer the county, transit authority, and special district sales and use taxes in
19regard to items under s. 77.61 (1).
AB298, s. 23 20Section 23. 77.76 (2) of the statutes, as affected by 2011 Wisconsin Act 32, is
21amended to read:
AB298,28,2522 77.76 (2) Judicial and administrative review of departmental determinations
23shall be as provided in subch. III for state sales and use taxes, and no county, transit
24authority,
or special district may intervene in any matter related to the levy,
25enforcement, and collection of the taxes under this subchapter.
AB298, s. 24
1Section 24. 77.76 (3r) of the statutes is created to read:
AB298,29,192 77.76 (3r) From the appropriation under s. 20.835 (4) (gc) the department of
3revenue shall distribute 98.5 percent of the taxes reported for each transit authority
4that has imposed taxes under this subchapter, minus the transit authority portion
5of the retailers' discount, to the transit authority no later than the end of the 3rd
6month following the end of the calendar quarter in which such amounts were
7reported. At the time of distribution the department of revenue shall indicate the
8taxes reported by each taxpayer. In this subsection, the "transit authority portion
9of the retailers' discount" is the amount determined by multiplying the total
10retailers' discount by a fraction the numerator of which is the gross transit authority
11sales and use taxes payable and the denominator of which is the sum of the gross
12state and transit authority sales and use taxes payable. The transit authority taxes
13distributed shall be increased or decreased to reflect subsequent refunds, audit
14adjustments, and all other adjustments of the transit authority taxes previously
15distributed. Interest paid on refunds of transit authority sales and use taxes shall
16be paid from the appropriation under s. 20.835 (4) (gc) at the rate paid by this state
17under s. 77.60 (1) (a). Any transit authority receiving a report under this subsection
18is subject to the duties of confidentiality to which the department of revenue is
19subject under s. 77.61 (5).
AB298, s. 25 20Section 25. 77.76 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is
21amended to read:
AB298,30,222 77.76 (4) There shall be retained by the state 1.5% of the taxes collected for
23taxes imposed by special districts under ss. 77.705 and 77.706 and transit authorities
24under s. 77.708
and 1.75% of the taxes collected for taxes imposed by counties under
25s. 77.70 to cover costs incurred by the state in administering, enforcing, and

1collecting the tax. All interest and penalties collected shall be deposited and retained
2by this state in the general fund.
AB298, s. 26 3Section 26. 77.76 (5) of the statutes is created to read:
AB298,30,104 77.76 (5) If a retailer receives notice from the department of revenue that the
5retailer is required to collect and remit the taxes imposed under s. 77.708, but the
6retailer believes that the retailer is not required to collect such taxes because the
7retailer is not doing business within the transit authority's jurisdictional area, the
8retailer shall notify the department of revenue no later than 30 days after receiving
9notice from the department. The department of revenue shall affirm or revise its
10original determination no later than 30 days after receiving the retailer's notice.
AB298, s. 27 11Section 27. 77.77 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is
12amended to read:
AB298,30,2113 77.77 (1) (a) The sales price from services subject to the tax under s. 77.52 (2)
14or the lease, rental, or license of tangible personal property and property, items, and
15goods specified under s. 77.52 (1) (b), (c), and (d), is subject to the taxes under this
16subchapter, and the incremental amount of tax caused by a rate increase applicable
17to those services, leases, rentals, or licenses is due, beginning with the first billing
18period starting on or after the effective date of the county ordinance, special district
19resolution, transit authority resolution, or rate increase, regardless of whether the
20service is furnished or the property, item, or good is leased, rented, or licensed to the
21customer before or after that date.
AB298,31,522 (b) The sales price from services subject to the tax under s. 77.52 (2) or the lease,
23rental, or license of tangible personal property and property, items, and goods
24specified under s. 77.52 (1) (b), (c), and (d), is not subject to the taxes under this
25subchapter, and a decrease in the tax rate imposed under this subchapter on those

1services first applies, beginning with bills rendered on or after the effective date of
2the repeal or sunset of a county ordinance or, special district resolution, or transit
3authority resolution
imposing the tax or other rate decrease, regardless of whether
4the service is furnished or the property, item, or good is leased, rented, or licensed
5to the customer before or after that date.
AB298, s. 28 6Section 28. 77.77 (3) of the statutes, as affected by 2011 Wisconsin Act 32, is
7amended to read:
AB298,31,178 77.77 (3) The sale of building materials to contractors engaged in the business
9of constructing, altering, repairing or improving real estate for others is not subject
10to the taxes under this subchapter, and the incremental amount of tax caused by the
11rate increase applicable to those materials is not due, if the materials are affixed and
12made a structural part of real estate, and the amount payable to the contractor is
13fixed without regard to the costs incurred in performing a written contract that was
14irrevocably entered into prior to the effective date of the county ordinance, special
15district resolution, transit authority resolution, or rate increase or that resulted from
16the acceptance of a formal written bid accompanied by a bond or other performance
17guaranty that was irrevocably submitted before that date.
AB298, s. 29 18Section 29. 77.78 of the statutes, as affected by 2011 Wisconsin Act 32, is
19amended to read:
AB298,32,2 2077.78 Registration. No motor vehicle, boat, snowmobile, recreational vehicle,
21as defined in s. 340.01 (48r), trailer, semitrailer, all-terrain vehicle or aircraft that
22is required to be registered by this state may be registered or titled by this state
23unless the registrant files a sales and use tax report and pays the county tax, transit
24authority tax,
and special district tax at the time of registering or titling to the state

1agency that registers or titles the property. That state agency shall transmit those
2tax revenues to the department of revenue.
AB298, s. 30 3Section 30. 85.063 (3) (b) 1. of the statutes, as affected by 2011 Wisconsin Act
432
, is amended to read:
AB298,32,95 85.063 (3) (b) 1. Upon completion of a planning study under sub. (2), or, to the
6satisfaction of the department, of a study under s. 85.022, a political subdivision in
7a county, or a transit authority created under s. 66.1039, that includes the urban area
8may apply to the department for a grant for property acquisition for an urban rail
9transit system.
AB298, s. 31 10Section 31. 85.064 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 32,
11is amended to read:
AB298,32,1412 85.064 (1) (b) "Political subdivision" means any city, village, town, county, or
13transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s.
1466.0301, or transit authority created under s. 66.1039 within this state.
AB298, s. 32 15Section 32. 345.05 (1) (ag) of the statutes is created to read:
AB298,32,1616 345.05 (1) (ag) "Authority" means a transit authority created under s. 66.1039.
AB298, s. 33 17Section 33. 345.05 (2) of the statutes, as affected by 2011 Wisconsin Act 32,
18is amended to read:
AB298,33,219 345.05 (2) A person suffering any damage proximately resulting from the
20negligent operation of a motor vehicle owned and operated by a municipality or
21authority
, which damage was occasioned by the operation of the motor vehicle in the
22course of its business, may file a claim for damages against the municipality or
23authority
concerned and the governing body of the municipality , or the board of
24directors of the authority,
may allow, compromise, settle and pay the claim. In this
25subsection, a motor vehicle is deemed owned and operated by a municipality or

1authority
if the vehicle is either being rented or leased, or is being purchased under
2a contract whereby the municipality or authority will acquire title.
AB298, s. 34 3Section 34. 611.11 (4) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
4is amended to read:
AB298,33,65 611.11 (4) (a) In this subsection, "municipality" has the meaning given in s.
6345.05 (1) (c), but also includes any transit authority created under s. 66.1039.
AB298, s. 35 7Section 35 . Nonstatutory provisions.
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