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KP&EVM:skw&amn
2023 - 2024 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 438
October 12, 2023 - Offered by Representative Brooks.
AB438-AA1,1,11 At the locations indicated, amend the bill as follows:
AB438-AA1,1,3 21. Page 2, line 1: delete “administration and" and substitute
3“administration,".
AB438-AA1,1,6 42. Page 2, line 2: delete “facilities." and substitute “facilities, use of the
5Milwaukee County sales tax, expiration of the Milwaukee County sales tax, and
6Milwaukee County pension obligation bonds.".
AB438-AA1,1,7 73. Page 9, line 13: after that line insert:
AB438-AA1,1,8 8 Section 3m. 59.90 (7) of the statutes is created to read:
AB438-AA1,1,119 59.90 (7) Repayment of pension bonds. Not later than December 31, 2030, the
10county shall retire its pension bond obligations and any debt incurred to refund its
11pension bond obligations.”.
AB438-AA1,1,12 124. Page 9, line 22: after that line insert:
AB438-AA1,2,2
1 Section 5d. 77.70 (2) (a) of the statutes, as created by 2023 Wisconsin Act 12,
2is amended to read:
AB438-AA1,3,33 77.70 (2) (a) In addition to the taxes imposed under sub. (1), a county in which
4a 1st class city is located may adopt an ordinance, by a two-thirds majority vote of
5all members elect of the county board, to impose sales and use taxes under this
6subchapter at the rate of 0.4 percent of the sales price or purchase price. An
7ordinance adopted under this subsection shall be effective on January 1, April 1, July
81, or October 1 and the taxes shall be imposed only in their entirety as provided in
9this subchapter. A certified copy of the ordinance shall be delivered to the secretary
10of revenue at least 120 days prior to its effective date. No county may impose a tax
11under this subsection unless the county makes an election to join the Wisconsin
12Retirement System for all new employees, pursuant to s. 40.21 (7) (a), and the county
13contributes the amount calculated under s. 59.875 (4) to its retirement system's
14unfunded actuarial accrued liability from the taxes imposed under this subsection
15in 2025 and in each year thereafter until the first year in which the retirement
16system is determined by the retirement system's actuary to be fully funded. After
17the retirement system is first fully funded, or until 30 years have elapsed since the
18effective date of the tax
December 31, 2050, whichever is earlier, the actuary shall
19determine all future required contributions from the county on the basis of standard
20actuarial practices, and the county shall repeal the ordinance imposing the tax. A
21certified copy of that ordinance shall be delivered to the secretary of revenue at least
22120 days prior to its effective date. The repeal of any such ordinance shall be effective
23on December 31. A certified copy of a repeal ordinance shall be delivered to the
24secretary of revenue at least 120 days before the effective date of the repeal. Except
25as provided under s. 77.60 (9), the department of revenue may not issue any

1assessment or act on any claim for a refund or any claim for an adjustment under s.
277.585 after the end of the calendar year that is 4 years after the year in which the
3county has enacted a repeal ordinance under this subsection.
AB438-AA1,5h 4Section 5h. 77.70 (2) (b) 1. of the statutes, as created by 2023 Wisconsin Act
512
, is renumbered 77.70 (2) (b) (intro.) and amended to read:
AB438-AA1,3,96 77.70 (2) (b) (intro.) Annually, after making the required payment to its
7retirement system's unfunded actuarial accrued liability under par. (a), the county
8shall make the required payment for its pension bond obligations from use the
9remaining revenues received under this subsection . for any of the following:
AB438-AA1,5p 10Section 5p. 77.70 (2) (b) 1m. to 3m. of the statutes are created to read:
AB438-AA1,3,1111 77.70 (2) (b) 1m. Payments for its pension bond obligations.
AB438-AA1,3,1312 2m. Additional payments for its retirement system's unfunded actuarial
13accrued liability.
AB438-AA1,3,1514 3m. Payments for its employer contribution to a retirement system established
15under chapter 201, laws of 1937.
AB438-AA1,5t 16Section 5t. 77.70 (2) (b) 2. of the statutes, as created by 2023 Wisconsin Act
1712
, is repealed.”.
AB438-AA1,3,18 185. Page 13, line 16: delete lines 16 to 23.
AB438-AA1,3,19 196. Page 14, line 13: delete “or municipality".
AB438-AA1,3,20 207. Page 14, line 15: delete “or municipality".
AB438-AA1,3,21 218. Page 14, line 19: delete “(a)".
AB438-AA1,3,22 229. Page 15, line 1: delete lines 1 to 7.
AB438-AA1,3,23 2310. Page 26, line 15: delete “or 1st class city".
AB438-AA1,4,2
111. Page 28, line 11: delete “Obligations of certain political
2subdivisions
" and substitute “County obligations".
AB438-AA1,4,3 312. Page 28, line 13: delete “$5,000,000" and substitute “$2,500,000".
AB438-AA1,4,5 413. Page 28, line 14: delete the material beginning with “and" and ending with
5“229.687" on line 16.
AB438-AA1,4,6 614. Page 28, line 17: delete “$202,500,000" and substitute “$67,500,000".
AB438-AA1,4,7 715. Page 30, line 2: after that line insert:
AB438-AA1,4,8 8 Section 61g. 229.805 of the statutes is created to read:
AB438-AA1,4,15 9229.805 Redevelopment report. The district, in consultation with each 1st
10class city and county within the district's jurisdiction and the professional baseball
11team that leases baseball park facilities constructed under this subchapter as its
12home facilities, shall study the feasibility of, and options for, the redevelopment of
13baseball park facilities of the district other than a baseball stadium and, not later
14than 2 years after the effective date of this section .... [LRB inserts date], prepare a
15report summarizing the findings of the study.”.
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