Amendment ASA1-AB521

AB521-ASA1,7 Section 7 . 77.76 (3) of the statutes is amended to read:

AB521-ASA1,6,10 77.76 (3) From the appropriation under s. 20.835 (4) (g) the department of revenue shall distribute 98.25 percent of the county taxes imposed under s. 77.70 (1) and 75 percent of the county taxes imposed under s. 77.70 (2) reported for each enacting county, minus the county portion of the retailers' discounts, to the county and shall indicate the taxes reported by each taxpayer, no later than 75 days following the last day of the calendar quarter in which such amounts were reported. In this subsection, the “county portion of the retailers' discount" is the amount determined by multiplying the total retailers' discount by a fraction the numerator of which is the gross county sales and use taxes payable and the denominator of which is the sum of the gross state and county sales and use taxes payable. The county taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments, and all other adjustments of the county taxes previously distributed. Interest paid on refunds of county sales and use taxes shall be paid from the appropriation under s. 20.835 (4) (g) at the rate paid by this state under s. 77.60 (1) (a). The Except as provided in s. 77.70 (2) (b), a county may retain the amount it receives or it may distribute all or a portion of the amount it receives to the towns, villages, cities, and school districts in the county. After receiving notice from the department of revenue, a county shall reimburse the department for the amount by which any refunds, including interest, of the county's sales and use taxes that the department pays or allows in a reporting period exceeds the amount of the county's sales and use taxes otherwise payable to the county under this subsection for the same or subsequent reporting period. Any county receiving a report under this subsection is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5) and (6).

AB521-ASA1,8 Section 8 . 79.05 (2) (c) of the statutes, as affected by 2019 Wisconsin Act 19, is amended to read:

AB521-ASA1,7,7 79.05 (2) (c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and 1m., recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, expenditures from moneys received pursuant to s. 77.70 (2) (b) 2. to 4., and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and 1m., recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an emergency declared under s. 323.10, expenditures from moneys received pursuant to P.L. 111-5, expenditures from moneys received pursuant to s. 77.70 (2) (b) 2. to 4., and expenditures made pursuant to a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10 percent.

AB521-ASA1,9 Section 9. 79.10 (2) (c) of the statutes is created to read:

AB521-ASA1,7,16 79.10 (2) (c) On or before November 20 of the year preceding the distribution under sub. (7m) (bf) or (cm), the department of revenue shall notify the Milwaukee County treasurer and the clerk of each city, village, and town in Milwaukee County of the estimated fair market values, as determined under sub. (11) (e) 1. and 2., used to calculate the credits under s. 77.70 (2) (b) 1. and 2. and of the amount to be distributed under sub. (7m) (bf) or (cm). The anticipated receipt of such distribution shall not be taken into consideration in determining the tax rate but shall be applied as tax credits.

AB521-ASA1,10 Section 10. 79.10 (5f) of the statutes is created to read:

AB521-ASA1,7,20 79.10 (5f) Additional property tax relief credits. Each city, village, and town in Milwaukee County shall receive, from the appropriation under s. 20.835 (3) (g), the following amounts:

AB521-ASA1,7,24 (a) In order to provide the credit under s. 77.70 (2) (b) 1., an amount determined by multiplying the county tax rate by the estimated fair market value, not exceeding the value determined under sub. (11) (e) 1., of every parcel of real property that is located in the city, village, or town.

AB521-ASA1,8,4 (b) In order to provide the credit under s. 77.70 (2) (b) 2., an amount determined by multiplying the municipal tax rate by the estimated fair market value, not exceeding the value determined under sub. (11) (e) 2., of every parcel of real property that is located in the city, village, or town.

AB521-ASA1,11 Section 11. 79.10 (6m) (a) of the statutes is amended to read:

AB521-ASA1,8,19 79.10 (6m) (a) Except as provided in pars. (b) and (c), if the department of administration or the department of revenue determines by October 1 of the year of any distribution under subs. (4), (5), (5f), and (5m) that there was an overpayment or underpayment made in that year's distribution by the department of administration to municipalities, as determined under subs. (4), (5), (5f), and (5m), because of an error by the department of administration, the department of revenue or any municipality, the overpayment or underpayment shall be corrected as provided in this paragraph. Any overpayment shall be corrected by reducing the subsequent year's distribution, as determined under subs. (4), (5), (5f), and (5m), by an amount equal to the amount of the overpayment. Any underpayment shall be corrected by increasing the subsequent year's distribution, as determined under subs. (4), (5), (5f), and (5m), by an amount equal to the amount of the underpayment. Corrections shall be made in the distributions to all municipalities affected by the error. Corrections shall be without interest.

AB521-ASA1,12 Section 12. 79.10 (7m) (bf) of the statutes is created to read:

AB521-ASA1,8,24 79.10 (7m) (bf) Additional property tax relief credits. 1. Except as provided in par. (cm), the amounts determined under sub. (5f) shall be distributed from the appropriation under s. 20.835 (3) (g) by the department of administration to Milwaukee County on the 4th Monday in July.

AB521-ASA1,9,5 2. Except as provided in par. (cm), the county treasurer shall settle for the amounts distributed on the 4th Monday in July under this paragraph with each municipality and taxing jurisdiction in the county not later than August 20. Failure to settle timely under this subdivision subjects the county treasurer to the penalties under s. 74.31.

AB521-ASA1,13 Section 13. 79.10 (7m) (cm) 1. a. and b. and 2. a. and b. of the statutes are amended to read:

AB521-ASA1,9,23 79.10 (7m) (cm) 1. a. If, in any year, the total of the amounts determined under subs. (4), (5), (5f), and (5m) for any municipality is $3,000,000 or more, the municipality, with the approval of the majority of the members of the municipality's governing body, may notify the department of administration to distribute the amounts directly to the municipality and the department of administration shall distribute the amounts at the time and in the manner provided under pars. (a) 1., (b) 1., (bf) 1., and (c) 1. Beginning in 2018, if the municipality approves the distribution under this subd. 1. a. by enacting an ordinance and provides a copy of the ordinance to the department of administration and the department of revenue, the department of administration shall distribute the amounts determined under subs. (4), (5), (5f), and (5m) to the municipality as provided under this subd. 1. a. for the year in which the municipality enacts the ordinance and in all subsequent years until the municipality notifies the department of administration and the department of revenue that the municipality has repealed the ordinance or until the total amounts under subs. (4), (5), (5f), and (5m) to be distributed to the municipality in a year is less than $3,000,000.

AB521-ASA1,9,25 b. The treasurer of the municipality shall settle for the amounts distributed under pars. (a) 1., (bf) 1., and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

AB521-ASA1,10,9 2. a. The department of administration shall distribute the amounts determined under subs. (4), (5), (5f), and (5m) directly to any municipality that enacts an ordinance under s. 74.12 at the time and in the manner provided under pars. (a) 1., (b) 1., (bf) 1., and (c) 1.

AB521-ASA1,10,16 b. The treasurer of the municipality shall settle for the amounts distributed under pars. (a) 1., (bf) 1., and (c) 1. on the 4th Monday in July with the appropriate county treasurer not later than August 15. Failure to settle timely under this subdivision subjects the treasurer of the municipality to the penalties under s. 74.31. On or before August 20, the county treasurer shall settle with each taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the county.

AB521-ASA1,14 Section 14. 79.10 (9) (bf) of the statutes is created to read:

AB521-ASA1,10,22 79.10 (9) (bf) Additional property tax relief credits. 1. Except as provided in ss. 79.175 and 79.18, the credit under s. 77.70 (2) (b) 1. shall be allocated to every parcel of real property in an amount determined by multiplying the estimated fair market value of the property, not exceeding the value determined under sub. (11) (e) 1., by the county tax rate.

AB521-ASA1,11,2 2. Except as provided in ss. 79.175 and 79.18, the credit under s. 77.70 (2) (b) 2. shall be allocated to every parcel of real property in an amount determined by multiplying the estimated fair market value of the property, not exceeding the value determined under sub. (11) (e) 2., by the municipal tax rate.

AB521-ASA1,15 Section 15. 79.10 (9) (c) 4. of the statutes is created to read:

AB521-ASA1,11,5 79.10 (9) (c) 4. The credits under par. (bf) 1. and 2. shall reduce the property taxes otherwise payable.

AB521-ASA1,16 Section 16. 79.10 (11) (e) of the statutes is created to read:

AB521-ASA1,11,9 79.10 (11) (e) 1. Before November 20, the department of revenue shall calculate, to the nearest $100, the estimated fair market value necessary to distribute the total amount available for distribution under s. 77.70 (2) (b) 1.

AB521-ASA1,11,12 2. Before November 20, the department of revenue shall calculate, to the nearest $100, the estimated fair market value necessary to distribute the total amount available for distribution under s. 77.70 (2) (b) 2.

AB521-ASA1,17 Section 17 . Nonstatutory provisions.

AB521-ASA1,11,16 (1) Revenue collected from a sales and use tax imposed under s. 77.70 (2) (a) and expenditures made pursuant to s. 77.70 (2) (b) shall have no effect on any local government funding formula.

AB521-ASA1,11,17 (End)