AB245: Bill Text

AB245,,171 4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

AB245,,172 5. Nothing in this section exempts a quarry operator from applicable limitations on the time of day during which blasting activities may be conducted that are imposed by rules promulgated by the department of safety and professional services.

AB245,,173 (e) Quarry permit requirements. 1. A political subdivision may not add a condition to a permit during the duration of the permit unless the permit holder consents.

AB245,,174 2. If a political subdivision requires a quarry to comply with another political subdivision’s ordinance as a condition for obtaining a permit, the political subdivision that grants the permit may not require the quarry operator to comply with a provision of the other political subdivision’s ordinance that is enacted after the permit is granted and while the permit is in effect.

AB245,,175 3. a. A town may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a county requires in order to grant a permit that is imposed by a county ordinance enacted after the county grants a permit to the quarry operator.

AB245,,176 b. A county may not require, as a condition for granting a permit to a quarry operator, that the quarry operator satisfy a condition that a town requires in order to grant a permit that is imposed by a town ordinance enacted after the town grants a permit to the quarry operator.

AB245,52 Section 52. 66.0602 (1) (am) of the statutes is amended to read:

AB245,,178 66.0602 (1) (am) “Joint fire department” means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m) (1m), or a joint fire department organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2).

AB245,53 Section 53. 66.0602 (3) (a) and (b) of the statutes are repealed.

AB245,54 Section 54. 66.0607 (1) of the statutes is amended to read:

AB245,,181 66.0607 (1) Except as otherwise provided in subs. (2) to (5) and in s. 66.0608 (3m), in a county, city, village, town, or school district, all disbursements from the treasury shall be made by the treasurer upon the written order of the county, city, village, town, or school clerk after proper vouchers have been filed in the office of the clerk. If the statutes provide for payment by the treasurer without an order of the clerk, the clerk shall draw and deliver to the treasurer an order for the payment before or at the time that the payment is required to be made by the treasurer. This section applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town, or school district treasury except s. 67.10 (2).

AB245,55 Section 55. 66.0608 (title) of the statutes is renumbered 66.0608 (3m) (title).

AB245,56 Section 56. 66.0608 (title) of the statutes is created to read:

AB245,,184 66.0608 (title) Protective services.

AB245,57 Section 57. 66.0608 (1) (fm) of the statutes is created to read:

AB245,,186 66.0608 (1) (fm) “Political subdivision” means a city, village, town, or county.

AB245,58 Section 58. 66.0608 (2) of the statutes is renumbered 66.0608 (3m) (a), and 66.0608 (3m) (a) (intro.) and 2., as renumbered, are amended to read:

AB245,,188 66.0608 (3m) (a) General authority. (intro.) Subject to subs. (3) and (4) pars. (b) and (c), the governing body of a municipality may enact an ordinance that does all of the following:

AB245,,189 2. Gives the municipality’s fire department, emergency medical services practitioner department, or emergency medical responder department, through the official or employee described under par. (a) subd. 1., exclusive control over the expenditure of volunteer funds of the department for which the individual serves as an official or employee in an account described under par. (a) subd. 1.

AB245,59 Section 59. 66.0608 (2m) of the statutes is created to read:

AB245,,191 66.0608 (2m) Maintenance of effort. (a) 1. Beginning July 1, 2024, annually not later than July 1, except as provided in par. (c), all of the following apply:

AB245,,192 1. A city, village, or town with a population of greater than 20,000 shall certify to the department of revenue that the city, village, or town has maintained a level of law enforcement that is at least equivalent to that provided in the city, village, or town in the previous year. The certification shall include a statement under par. (b) 1. from the person in charge of providing law enforcement service for the city, village, or town, or for the city, village, or town under contract to provide this service.

AB245,,193 2. A political subdivision shall certify to the department of revenue that the political subdivision has maintained a level of fire protective and emergency medical service that is at least equivalent to that provided in the political subdivision in the previous year. The certification shall include a statement under par. (b) 2. from the person in charge of providing fire protective and emergency medical services for the political subdivision, or for the political subdivision under contract to provide this service.

AB245,,194 3. A certification under this paragraph is not required to certify the same items under par. (b) or (c) that were certified in a prior statement.

AB245,,195 (b) 1. Except as provided in par. (c) 1., a statement that certifies that any 2 of the following have been maintained at a level at least equivalent to the previous year:

AB245,,196 a. The political subdivision’s expenditures, not including capital expenditures, for law enforcement services.

AB245,,197 b. The number of full-time equivalent officers employed by or assigned to the political subdivision.

AB245,,198 c. The number of citations for moving traffic violations under chs. 341 to 349 or local ordinances in conformity therewith issued within the political subdivision by law enforcement agencies.

AB245,,199 d. The number of arrests made and citations issued for violations other than those described under subd. 1. c. within the political subdivision.

AB245,,200 2. Except as provided in par. (c) 1., a statement that certifies that any 2 of the following have been maintained at a level at least equivalent to the previous year:

AB245,,201 a. The political subdivision’s expenditures, not including capital expenditures, for fire protective and emergency medical services.

AB245,,202 b. The number of full-time equivalent fire fighters and emergency medical services personnel employed by or assigned to the political subdivision.

AB245,,203 c. The level of training of and maintenance of licensure for fire fighters and emergency medical services personnel providing fire protective and emergency medical services within the political subdivision.

AB245,,204 d. Response times for fire protective and emergency medical services throughout the political subdivision, adjusted for the location of calls for service.

AB245,,205 (c) 1. If a political subdivision failed to make a certification under par. (b) 1. or 2. in the previous year, in making the certification under par. (b) 1. or 2., the political subdivision shall certify that the political subdivision has maintained a level of law enforcement or fire protective and emergency medical service that is at least equivalent to that provided in the most recent year that the political subdivision made a certification under par. (b) 1. or 2. or to that provided in 2023, whichever year is most recent.

AB245,,206 2. If a political subdivision is unable to make a certification under par. (b) 1. or 2. because in the previous year the political subdivision consolidated law enforcement or fire protective and emergency medical services with another political subdivision or entered into a contract with a private entity to provide fire protective or emergency medical services, the political subdivision, in lieu of the certification under par. (b) 1. or 2., may certify to the department of revenue that the political subdivision has maintained a level of law enforcement or fire protection and emergency medical service that is at least equivalent to that provided in the political subdivision in the previous year, but cannot provide a statement under par. (b) 1. or 2. because of the consolidation or contract. This subdivision applies only to the year following consolidation or entry into a contract.

AB245,,207 3. A political subdivision that has established or joined a newly established law enforcement agency or fire protection and emergency medical service agency within the previous 2 years may provide a certified statement to that effect, in lieu of certification under par. (b) 1. or 2.

AB245,,208 4. If law enforcement services in a town are provided solely by the county sheriff on a noncontractual basis, the town may provide a certified statement to that effect, in lieu of certification under par. (b) 1.

AB245,60 Section 60. 66.0608 (3) of the statutes is renumbered 66.0608 (3m) (b) and amended to read:

AB245,,210 66.0608 (3m) (b) Limitations, requirements. An ordinance enacted under sub. (2) par. (a) may include any of the following limitations or requirements:

AB245,,211 1. A limit on the type and amount of funds that may be deposited into the account described under sub. (2) par. (a) 1.

AB245,,212 2. A limit on the amount of withdrawals from the account described under sub. (2) par. (a) 1. that may be made, and a limit on the purposes for which such withdrawals may be made.

AB245,,213 3. Reporting and audit requirements that relate to the account described under sub. (2) par. (a) 1.

AB245,61 Section 61. 66.0608 (4) of the statutes is renumbered 66.0608 (3m) (c) and amended to read:

AB245,,215 66.0608 (3m) (c) Ownership of funds. Notwithstanding an ordinance enacted under sub. (2) par. (a), volunteer funds shall remain the property of the municipality until the funds are disbursed.

AB245,62 Section 62. 66.1105 (2) (d) of the statutes is repealed.

AB245,63 Section 63. 66.1105 (2) (f) 1. c. of the statutes is amended to read:

AB245,,218 66.1105 (2) (f) 1. c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the city of real or personal property within a tax incremental district for consideration which is less than its cost to the city.

AB245,64 Section 64. 66.1105 (2) (f) 2. e. of the statutes is amended to read:

AB245,,220 66.1105 (2) (f) 2. e. For a tax incremental district in the city of Milwaukee, direct or indirect expenses related to developing, constructing, or operating a rail fixed guideway transportation system, as defined in s. 85.066 (1), in the city of Milwaukee. This subdivision 2. e. does not apply to the development or construction of a rail fixed guideway transportation system route traversing Clybourn St. and Michigan St., referred to as the “Lakefront Line.”

AB245,65 Section 65. 66.1105 (2) (i) 2. of the statutes is amended to read:

AB245,,222 66.1105 (2) (i) 2. For purposes of any agreement between the taxing jurisdiction and a developer regarding the tax incremental district entered into prior to April 5, 2018 the effective date of this subdivision .... [LRB inserts date], “tax increment” includes the amount that a taxing jurisdiction is obligated to attribute to a tax incremental district under s. 79.096 (3).

AB245,66 Section 66. 66.1105 (5) (j) of the statutes is created to read:

AB245,,224 66.1105 (5) (j) Upon receiving a written application from the city clerk, in a form prescribed by the department of revenue, the department shall recalculate the base value of a tax incremental district affected by 2023 Wisconsin Act .... (this act) to remove the value of the personal property. A request received under this paragraph no later than October 31 is effective in the year following the year in which the request is made. A request received after October 31 is effective in the 2nd year following the year in which the request is made.

AB245,67 Section 67. 66.1106 (1) (k) of the statutes is amended to read:

AB245,,226 66.1106 (1) (k) “Taxable property” means all real and personal taxable property located in an environmental remediation tax incremental district.

AB245,68 Section 68. 66.1106 (4) (e) of the statutes is created to read:

AB245,,228 66.1106 (4) (e) Upon receiving a written application from the clerk of a political subdivision, in a form prescribed by the department of revenue, the department shall recalculate the base value of a tax incremental district affected by 2023 Wisconsin Act .... (this act) to remove the value of the personal property. A request received under this paragraph no later than October 31 is effective in the year following the year in which the request is made. A request received after October 31 is effective in the 2nd year following the year in which the request is made.

AB245,69 Section 69. 70.015 of the statutes is created to read:

AB245,,230 70.015 Sunset. Beginning with the property tax assessments as of January 1, 2024, no tax shall be levied under this chapter on personal property.

AB245,70 Section 70. 70.02 of the statutes is amended to read:

AB245,,232 70.02 Definition of general property. General property is all the taxable real and personal property defined in ss. 70.03 and 70.04 except that which is taxed under ss. 70.37 to 70.395 and ch. 76 and subchs. I and VI of ch. 77. General property includes manufacturing property subject to s. 70.995, but assessment of that property shall be made according to s. 70.995.

AB245,71 Section 71. 70.04 (1r) of the statutes is amended to read:

AB245,,234 70.04 (1r) Toll bridges; private railroads and bridges; saw Saw logs, timber, and lumber, either upon land or afloat; steamboats, ships, and other vessels, whether at home or abroad; ferry boats, including the franchise for running the same; ice cut and stored for use, sale, or shipment; beginning May 1, 1974, and manufacturing machinery and equipment as defined in s. 70.11 (27), and entire property of companies defined in s. 76.28 (1), located entirely within one taxation district.

AB245,72 Section 72. 70.043 of the statutes is repealed.

AB245,73 Section 73. 70.05 (5) (a) 1. of the statutes is amended to read:

AB245,,237 70.05 (5) (a) 1. “Assessed value” means with respect to each taxation district the total values established under ss. s. 70.32 and 70.34, but excluding manufacturing property subject to assessment under s. 70.995.

AB245,74 Section 74. 70.10 of the statutes is amended to read:

AB245,,239 70.10 Assessment, when made, exemption. The assessor shall assess all real and personal taxable property as of the close of January 1 of each year. Except in cities of the 1st class and 2nd class cities that have a board of assessors under s. 70.075, the assessment shall be finally completed before the first Monday in April. All real property conveyed by condemnation or in any other manner to the state, any county, city, village or town by gift, purchase, tax deed or power of eminent domain before January 2 in such year shall not be included in the assessment. Assessment of manufacturing property subject to s. 70.995 shall be made according to that section.

AB245,75 Section 75. 70.11 (42) of the statutes is repealed.

AB245,76 Section 76. 70.111 (28) of the statutes is created to read:

AB245,,242 70.111 (28) Business and manufacturing personal property. (a) Beginning with the property tax assessments applicable to the January 1, 2024, assessment year, personal property, as defined in s. 70.04, including steam and other vessels, furniture, and equipment.

AB245,,243 (b) The exemption under par. (a) does not apply to the following:

AB245,,244 1. Property assessed as real property under s. 70.17 (3).

AB245,,245 2. Property subject to taxation under s. 76.025 (2).

AB245,,246 (c) A taxing jurisdiction may include the most recent valuation of personal property described under par. (a) that is located in the taxing jurisdiction for purposes of complying with debt limitations applicable to the jurisdiction.

AB245,77 Section 77. 70.119 (3) (c) of the statutes is amended to read:

AB245,,248 70.119 (3) (c) “Municipality” means cities, villages, towns, counties, and metropolitan sewerage districts with general taxing authority, except that for distributions after December 31, 2023, “municipality” does not include counties and metropolitan sewerage districts.

AB245,78 Section 78. 70.13 (1) of the statutes is amended to read:

AB245,,250 70.13 (1) All For assessments made before January 1, 2024, all personal property shall be assessed in the assessment district where the same is located or customarily kept except as otherwise specifically provided. Personal property in transit within the state on the first day of January shall be assessed in the district in which the same is intended to be kept or located, and personal property having no fixed location shall be assessed in the district where the owner or the person in charge or possession thereof resides, except as provided in sub. (5).

AB245,79 Section 79. 70.13 (2) of the statutes is amended to read:

AB245,,252 70.13 (2) Saw For assessments made before January 1, 2024, saw logs or timber in transit, which are to be sawed or manufactured in any mill in this state, shall be deemed located and shall be assessed in the district in which such mill is located. Saw logs or timber shall be deemed in transit when the same are being transported either by water or rail, but when such logs or timber are banked, decked, piled or otherwise temporarily stored for transportation in any district, they shall be deemed located, and shall be assessed in such district.

AB245,80 Section 80. 70.13 (3) of the statutes is amended to read:

AB245,,254 70.13 (3) On For assessments made before January 1, 2024, on or before the tenth day of January in each year the owner of logs or timber in transit shall furnish the assessor of the district in which the mill at which the logs or timber will be sawed or manufactured is located a verified statement of the amount, character and value of all the logs and timber in transit on the first day of January preceding, and the owner of the logs or timber shall furnish to the assessor of the district in which the logs and timber were located on the first day of January preceding, a like verified statement of the amount, character and value thereof. Any assessment made in accordance with the owner’s statement shall be valid and binding on the owner notwithstanding any subsequent change as to the place where the same may be sawed or manufactured. If the owner of the logs or timber shall fail or refuse to furnish the statement herein provided for, or shall intentionally make a false statement, that owner shall be subject to the penalties prescribed by s. 70.36.

AB245,81 Section 81. 70.13 (7) of the statutes is amended to read:

AB245,,256 70.13 (7) Saw For assessments made before January 1, 2024, saw logs or timber removed from public lands during the year next preceding the first day of January or having been removed from such lands and in transit therefrom on the first day of January, shall be deemed located and assessed in the assessment district wherein such public lands are located and shall be assessed in no other assessment district. Saw logs or timber shall be deemed in transit when the same are being transported. On or before January 10 in each year the owner of such logs or timber shall furnish the assessor of the assessment district wherein they are assessable a verified statement of the amount, character and value of all such logs and timber. If the owner of any such logs or timber shall fail or refuse to furnish such statement or shall intentionally make a false statement, he or she is subject to the penalties prescribed by s. 70.36. This subsection shall supersede any provision of law in conflict therewith. The term “owner” as used in this subsection is deemed to mean the person owning the logs or timber at the time of severing. “Public lands” as used in this subsection shall mean lands owned by the United States of America, the state of Wisconsin or any political subdivision of this state.

AB245,82 Section 82. 70.15 (2) of the statutes is amended to read:

AB245,,258 70.15 (2) The owner of any steam vessel, barge, boat or other water craft, hailing from any port of this state, “and so employed regularly in interstate traffic,” desiring to comply with the terms of this section, shall annually, on or before the first day of January, file with the clerk of such town, village or city a verified statement, in writing, containing the name, port of hail, tonnage and name of owner of such steam vessel, barge, boat or other water craft, and shall thereupon pay into the said treasury of such town, village or city a sum equal to one cent per net ton of the registered tonnage of said vessel, and the treasurer shall thereupon issue a receipt. All vessels, boats or other water craft not regularly employed in interstate traffic and all private yachts or pleasure boats belonging to inhabitants of this state, whether at home or abroad, shall be taxed as personal property for taxes levied before January 1, 2024.

AB245,83 Section 83. 70.17 (1) of the statutes is amended to read: