AB43: Bill Text

AB43,1658 Section 1658. 79.036 of the statutes is created to read:

AB43,,4297 79.036 Municipal and county shared revenue. (1) In this section:

AB43,,4298 (a) “Aidable revenues” means, for each municipality and county, the total of the 3-year average of revenues from each of the following, as reported under s. 73.10:

AB43,,4299 1. General property taxes and other taxes.

AB43,,4300 2. Payments in lieu of taxes.

AB43,,4301 3. Special assessments.

AB43,,4302 3. Licenses and permits.

AB43,,4303 4. Fines and forfeitures.

AB43,,4304 5. Public charges.

AB43,,4305 6. Intergovernmental revenues.

AB43,,4306 7. Distributions under this subchapter, not including distributions under s. 79.04.

AB43,,4307 (b) “County equalized value per capita” means the amount of a county’s most recent equalized value divided by the county’s population.

AB43,,4308 (c) “Department” means the department of revenue.

AB43,,4309 (d) “Equalization factor” means the ratio of municipal equalized value per capita or county equalized value per capita divided by the statewide equalized value per capita, as calculated by the department separately for municipalities as a group and counties as a group. For purposes of this paragraph, the equalization factor may not be more than 500 percent of the statewide equalized value per capita, as determined by the department.

AB43,,4310 (e) “Equalized value” means the assessed value of property adjusted to reflect full value as determined by the department under s. 70.57, including, for municipalities, the value increment, as defined in s. 66.1105 (2) (m), in tax incremental districts and excluding manufacturing land and improvements assessed under s. 70.995.

AB43,,4311 (f) “Municipal equalized value per capita” means the amount of a municipality’s most recent equalized value divided by the municipality’s population.

AB43,,4312 (g) “Qualifying public safety expenditures” means amounts expended by each municipality or county for the purposes of law enforcement, fire protection, or ambulance and emergency medical services, as reported to the department under s. 73.10.

AB43,,4313 (h) “Standard aidable revenue match percentage” means the percentage match of aidable revenues determined by the department as necessary to distribute the total amount allocated under s. 79.01 (3) to make the payments under this section.

AB43,,4314 (2) (a) Beginning with the distributions in 2024, each county and municipality shall receive a payment under this subsection from the municipal and county shared revenue account to use for law enforcement, fire protection, and ambulance and emergency medical services and to pay the costs of prosecutorial and judicial functions. The total annual amount to be distributed to counties and municipalities under this subsection is an amount equal to 43.4 percent of the amount determined under s. 79.01 (3), rounded to the nearest $1,000,000.

AB43,,4315 (b) The department shall calculate the payment under par. (a) for each municipality and county as a percentage of the most recent 3-year average of qualifying public safety expenditures for each municipality and county as necessary to distribute the full amount of the aid available, or $10,000, whichever is greater.

AB43,,4316 (3) (a) Beginning with the distributions in 2024, in addition to the payments under sub. (2), each county and municipality shall receive payments under this subsection from the municipal and county shared revenue account as per capita and aidable revenues allocations. The total annual amount to be distributed to counties and municipalities under this subsection is the amount that remains after making the payments under sub. (2). The department shall distribute 70 percent of the total annual amount determined under this paragraph to municipalities and 30 percent of that amount to the counties.

AB43,,4317 (b) 1. The department shall determine the per capita aid for the municipalities by multiplying the total amount available to municipalities by 0.15 and dividing the product by the state’s total population.

AB43,,4318 2. Each municipality shall receive its per capita allocation as the result of multiplying the statewide per capita amount determined under subd. 1. by the municipality’s population.

AB43,,4319 (c) 1. The department shall determine the per capita aid for the counties by multiplying the total amount available to counties by 0.15 and dividing the product by the state’s total population.

AB43,,4320 2. Each county shall receive its per capita allocation as the result of multiplying the statewide per capita amount determined under subd. 1. by the county’s population.

AB43,,4321 (d) 1. The total amount available for aidable revenues allocations shall be equal to the amount remaining for municipalities and counties after the distributions of the per capita payments under pars. (b) and (c).

AB43,,4322 2. Each municipality’s aidable revenues allocation is an amount equal to the municipality’s aidable revenues multiplied by the quotient of the standard aidable revenue match percentage for all municipalities divided by the equalization factor for the municipality receiving the allocation.

AB43,,4323 3. Each county’s aidable revenues allocation is an amount equal to the county’s aidable revenues multiplied by the quotient of the standard aidable revenue match percentage for all counties divided by the equalization factor for the county receiving the allocation.

AB43,,4324 (4) (a) 1. Beginning with the distribution in 2025, if the total payments to a municipality or county under this section and s. 79.035 are less than 95 percent of the total payments to the municipality or county under this section and s. 79.035 for the previous year, the municipality or county has an aids deficiency. The amount of the aids deficiency is the amount by which 95 percent of the total payments to the municipality or county under this section and s. 79.035 in the previous year exceeds the payments to the municipality or county under this section and s. 79.035 in the current year.

AB43,,4325 2. A municipality or county that has an aids deficiency shall receive a payment from the amounts withheld under par. (b) equal to its proportion of all the aids deficiencies of municipalities or counties respectively for that year.

AB43,,4326 (b) 1. In this paragraph, “maximum allowable increase” in any year means a percentage such that the sum for all municipalities or counties respectively in that year of the excess of payments under this section and s. 79.035 over the payments as limited by the maximum allowable increase is equal to the sum of the aids deficiencies under par. (a) in that year.

AB43,,4327 2. Beginning with the distribution in 2025, if the payments to a municipality or county in any year exceed its total payments under this section and s. 79.035 in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under par. (a) 2.

AB43,,4328 (5) No county or municipality may receive a payment under this section for any year in which it fails to submit to the department the information required under s. 73.10. If a county or municipality does not submit the required information, or submits incomplete information, the department shall notify the county or municipality and give the county or municipality a reasonable opportunity to submit the information or correct the deficiency.

AB43,1659 Section 1659. 79.04 (8) of the statutes is created to read:

AB43,,4330 79.04 (8) Annually, the department of administration, upon certification by the department of revenue, shall distribute a payment from the public utility account to each municipality and county in which an energy storage facility with a name-plate capacity of at least one megawatt is located. If the energy storage facility is located in a city or village, the city or village receives a payment equal to 6 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000 and the county in which the energy storage facility is located receives a payment equal to 3 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000. If the energy storage facility is located in a town, the town receives a payment equal to 3 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000 and the county in which the energy storage facility is located receives a payment equal to 6 mills multiplied by the product of the facility’s name-plate capacity multiplied by $2,000.

AB43,1660 Section 1660. 79.04 (9) of the statutes is created to read:

AB43,,4332 79.04 (9) Annually, the department of administration, upon certification by the department of revenue, shall distribute a payment from the public utility account to each municipality and county in which qualified electric vehicle charging infrastructure is located. If the qualified electric vehicle charging infrastructure is located in a city or village, the city or village receives a payment equal to 6 mills multiplied by the value of the qualified electric vehicle charging infrastructure and the county in which the city or village is located receives a payment equal to 3 mills multiplied by the value of the qualified electric vehicle charging infrastructure. If the electric vehicle charging infrastructure is located in a town, the town receives a payment equal to 3 mills multiplied by the value of the qualified electric vehicle charging infrastructure and the county in which the town is located receives a payment equal to 6 mills multiplied by the value of the qualified electric vehicle charging infrastructure.

AB43,1661 Section 1661. 79.05 (2) (c) of the statutes is amended to read:

AB43,,4334 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., expenditures of payments due to the termination of a tax incremental district under s. 79.096 (3), 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, moneys received from the federal government, revenues from a municipal registration fee under s. 341.35 (1) that is approved by a majority of the electors in the municipality voting at a referendum, tax revenues resulting from a tax increase approved by a majority of the electors in the municipality voting at a referendum, 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., expenditures of payments due to the termination of a tax incremental district under s. 79.096 (3), 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, moneys received from the federal government, revenues from a municipal registration fee under s. 341.35 (1) that is approved by a majority of the electors in the municipality voting at a referendum, tax revenues resulting from a tax increase approved by a majority of the electors in the municipality voting at a referendum, 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.

AB43,1662 Section 1662. 79.095 (3) of the statutes is amended to read:

AB43,,4336 79.095 (3) Review by department. The department shall adjust each rate reported under sub. (2) (b) to a full-value rate. The department shall review and correct the information submitted under sub. (2) (a), shall determine the full value of all of the property reported under sub. (2) (a) and of all the property under s. 70.995 (12r) and, on or before October 1, shall notify each taxing jurisdiction of the full value of the property that is exempt under s. 70.11 (39) and (39m) and that is located in the jurisdiction. The department shall adjust the full value that is reported to taxing jurisdictions under this subsection in the year after an error occurs or a value has been changed due to an appeal. All disputes between the department and municipalities about the value of the property reported under sub. (2) (a) or of the property under s. 70.995 (12r) shall be resolved by using the procedures under s. 70.995 (8).

AB43,1663 Section 1663. 79.095 (4) (c) of the statutes is amended to read:

AB43,,4338 79.095 (4) (c) The department shall certify the amount of the payment due each taxing jurisdiction to the department of administration, which shall make the payments on or before the 4th first Monday in July. For purposes of ch. 121, school districts shall treat the payments made in July under this subsection as if they had been received in the previous school year May.

AB43,1664 Section 1664. 79.096 (1) of the statutes is renumbered 79.096 (1) (a).

AB43,1665 Section 1665. 79.096 (1) (b) of the statutes is created to read:

AB43,,4341 79.096 (1) (b) Beginning in 2025, the department of administration shall pay to each taxing jurisdiction, as defined in s. 79.095 (1) (c), an amount equal to the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023. Beginning in 2026, and each year thereafter, the amount distributed to the taxing jurisdiction in the previous year will be multiplied by one plus the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30, except that the percentage under this paragraph shall not be less than zero.

AB43,1666 Section 1666. 79.096 (2) (a) of the statutes is renumbered 79.096 (2) (a) (intro.) and amended to read:

AB43,,4343 79.096 (2) (a) (intro.) Each municipality shall report to the department of revenue, in the time and manner determined by the department, the all of the following:

AB43,,4344 1. The amount of the property taxes levied on the items of personal property described under s. 70.111 (27) (b) for the property tax assessments as of January 1, 2017, on behalf of the municipality and on behalf of other taxing jurisdictions.

AB43,1667 Section 1667. 79.096 (2) (a) 2. of the statutes is created to read:

AB43,,4346 79.096 (2) (a) 2. The amount of the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023, on behalf of the municipality and on behalf of other taxing jurisdictions.

AB43,1668 Section 1668. 79.096 (2) (c) of the statutes is created to read:

AB43,,4348 79.096 (2) (c) If a municipality does not timely electronically file the report required by the department of revenue under par. (a), the following reductions will be made to the municipality’s personal property aid distributed under sub. (1) (b) in 2025:

AB43,,4349 1. Reduction of 50 percent, if not filed by June 30, 2024.

AB43,,4350 2. Forfeiture of the municipality’s aid under sub. (1) (b), if not filed by July 15, 2024.

AB43,1669 Section 1669. 79.096 (2) (d) of the statutes is created to read:

AB43,,4352 79.096 (2) (d) If a municipality does not electronically file the report required by the department of revenue under par. (a) by July 15, 2024, the department may use the best information available to calculate the aid to distribute under sub. (1) (b) in 2025 to the applicable taxing jurisdictions.

AB43,1670 Section 1670. 84.01 (35) (b) of the statutes is amended to read:

AB43,,4354 84.01 (35) (b) Except as provided in par. (d) (c), and notwithstanding any other provision of this chapter or ch. 82, 83, or 85, the department shall give due consideration to establishing ensure that bikeways and pedestrian ways are established in all new highway construction and reconstruction projects funded in whole or in part from state funds or federal funds appropriated under s. 20.395 or 20.866.

AB43,1671 Section 1671. 84.01 (35) (c) of the statutes is created to read:

AB43,,4356 84.01 (35) (c) The department shall promulgate rules identifying exceptions to the requirement under par. (b), but these rules may provide for an exception only if any of the following applies:

AB43,,4357 2. The cost of establishing bikeways or pedestrian ways would be excessively disproportionate to the need or probable use of the bikeways or pedestrian ways. For purposes of this subdivision, cost is excessively disproportionate if it exceeds 20 percent of the total project cost. The rules may not allow an exception under this subdivision to be applied unless the secretary of transportation, or a designee of the secretary who has knowledge of the purpose and value of bicycle and pedestrian accommodations, reviews the applicability of the exception under this subdivision to the particular project at issue.

AB43,,4358 3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.

AB43,,4359 4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.

AB43,,4360 5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.

AB43,1672 Section 1672. 84.01 (35) (d) (intro.) and 2. of the statutes are repealed.

AB43,1673 Section 1673. 84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.

AB43,1674 Section 1674. 84.075 (title) of the statutes is amended to read:

AB43,,4364 84.075 (title) Contracting with minority businesses and; disabled; veteran-owned businesses; lesbian, gay, bisexual, or transgender-owned businesses; and disability-owned businesses.

AB43,1675 Section 1675. 84.075 (1c) (a) of the statutes is renumbered 84.075 (1c) (f) and amended to read:

AB43,,4366 84.075 (1c) (f) “Disabled veteran-owned Veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).

AB43,1676 Section 1676. 84.075 (1c) (ae) of the statutes is created to read:

AB43,,4368 84.075 (1c) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB43,1677 Section 1677. 84.075 (1c) (br) of the statutes is created to read:

AB43,,4370 84.075 (1c) (br) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).

AB43,1678 Section 1678. 84.075 (1m) (b) of the statutes is amended to read:

AB43,,4372 84.075 (1m) (b) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are disabled veteran-owned businesses. In attempting to meet this goal, the department may award any contract to a disabled veteran-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.

AB43,1679 Section 1679. 84.075 (1m) (bg) of the statutes is created to read:

AB43,,4374 84.075 (1m) (bg) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are lesbian, gay, bisexual, or transgender-owned businesses. In attempting to meet this goal, the department may award any contract to a lesbian, gay, bisexual, or transgender-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.

AB43,1680 Section 1680. 84.075 (1m) (br) of the statutes is created to read:

AB43,,4376 84.075 (1m) (br) In purchasing services under s. 84.01 (13), in awarding construction contracts under s. 84.06, and in contracting with private contractors and agencies under s. 84.07, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is paid to contractors, subcontractors, and vendors that are disability-owned businesses. In attempting to meet this goal, the department may award any contract to a disability-owned business that submits a qualified responsible bid that is no more than 5 percent higher than the low bid unless doing so would violate the provisions of any federal law or regulation or any contract between the department and a federal agency or would otherwise result in a reduction of the amount of federal highway aid received by this state.

AB43,1681 Section 1681. 84.075 (1m) (c) of the statutes is amended to read:

AB43,,4378 84.075 (1m) (c) If a contractor, subcontractor, or vendor is both a minority business and a disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, the department may award a contract under par. (a) or, (b), (bg), or (br), but the qualified responsible bid must be no more than 5 percent higher than the low bid, as provided under pars. (a) and, (b), (bg), and (br).

AB43,1682 Section 1682. 84.075 (2) of the statutes is amended to read:

AB43,,4380 84.075 (2) The contractor shall report to the department any amount of the contract paid to subcontractors and vendors which are minority businesses or disabled, veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, or disability-owned businesses.

AB43,1683 Section 1683. 84.075 (3) of the statutes is amended to read:

AB43,,4382 84.075 (3) The department shall at least semiannually, or more often if required by the department of administration, report to the department of administration the total amount of money it has paid to contractors, subcontractors, and vendors that are minority businesses and, that are disabled veteran-owned businesses, that are lesbian, gay, bisexual, or transgender-owned businesses, and that are disability-owned businesses under ss. 84.01 (13), 84.06, and 84.07 and the number of contacts with minority businesses and disabled, veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses in connection with proposed purchases and contracts. In its reports, the department shall include only amounts paid to businesses certified by the department of administration as minority businesses or disabled veteran-owned businesses.

AB43,1684 Section 1684. 84.41 (3) of the statutes is created to read:

AB43,,4384 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.