AB229: Bill Text

AB229, s. 27 Section 27. 79.03 (3) (b) 4. e. of the statutes is amended to read:

AB229,9,21 79.03 (3) (b) 4. e. "Revenues for services to private parties by a county's or municipality's general operations or enterprises" means revenues collected from private parties for the following services: general government services consisting of license publication fees, sale of publications, clerk's fees, and treasurer's fees; public safety services, consisting of police or sheriff's department fees, fire department fees, and ambulance fees; inspection services, consisting of building, electrical, heat, plumbing, elevator, and weights and measures; sidewalk replacement or construction fees, storm sewer construction fees, street lighting fees; parking ramps, meters and lot fees; library fines or fees; and museum and zoo users or admission fees.

AB229, s. 28 Section 28. 79.03 (3) (b) 4. f. of the statutes is amended to read:

AB229,9,24 79.03 (3) (b) 4. f. "Special assessment revenues" means charges assessed against benefited properties for capital improvements by a municipality or county placed on the current tax roll for collection or collected during the year in advance of being placed on the tax roll.

AB229, s. 29 Section 29. 79.03 (3) (b) 4. h. of the statutes is repealed.

AB229, s. 30 Section 30. 79.03 (3) (b) 5. of the statutes is amended to read:

AB229,10,7 79.03 (3) (b) 5. "Standardized valuation" means the product of the standardized valuation per person times the population of a municipality or a county in the preceding year.

AB229, s. 31 Section 31. 79.03 (3) (b) 6. of the statutes is amended to read:

AB229,10,12 79.03 (3) (b) 6. "Standardized valuation per person" is that number that when used in the computation under par. (a) most nearly approximates the sum of entitlements for all municipalities or for all counties respectively to the funds distributable under par. (a).

AB229, s. 32 Section 32. 79.03 (4) of the statutes is amended to read:

AB229,11,4 79.03 (4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04 , and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. In Beginning in 1995 and subsequent years ending in 2001, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the total amount to be distributed to municipalities under ss. 79.04 and 79.065 (2) from s. 20.835 (1) (db) is $755,478,000, less the amounts distributed under s. 79.065 (3) from s. 20.835 (1) (dd). In 2003 and subsequent years, the total amount to be distributed to municipalities under ss. 79.04 and 79.065 (2) from s. 20.835 (1) (db) is the amount distributed under ss. 79.04 and 79.065 (2) to municipalities in 2002. In 2002 and subsequent years, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $168,981,800.

AB229, s. 33 Section 33. 79.06 (1) of the statutes is amended to read:

AB229,11,14 79.06 (1) Minimum payments. (b) If the payments to any municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in 1986 or any year thereafter are less than 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), for the previous year, the municipality or county has an aids deficiency. The amount of the aids deficiency is the amount by which 95% of the combined payments to the municipality or county under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year exceeds the payments to the municipality or county under s. 79.03, excluding payments under s. 79.03 (3c), in the current year.

AB229,11,17 (c) A municipality or county that has an aids deficiency shall receive a payment from the amounts withheld under sub. (2) equal to its proportion of all the aids deficiencies of municipalities or counties respectively for that year.

AB229, s. 34 Section 34. 79.06 (2) of the statutes is amended to read:

AB229,11,23 79.06 (2) Maximum payments. (b) If the payments to a municipality or county, except any county in which there are no cities or villages, in any year exceed its combined payments under this section and s. 79.03, excluding payments under s. 79.03 (3c), in the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in that year under sub. (1) (c).

AB229,12,3 (c) In this subsection, "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 ss. 79.02 and 79.03, excluding payments under s. 79.03 (3c), over the payments as limited by the maximum allowable increase is equal to the sum of the aids deficiencies under sub. (1) in that year.

AB229, s. 35 Section 35. 79.065 of the statutes is created to read:

AB229,12,5 79.065 Municipal growth sharing. (1) Definitions. In this section:

AB229,12,12 (a) "Aidable expenditures" means a municipality's expenditures for general government operations; law enforcement, fire protection, ambulance services, and other public safety services; and health and human services. "Aidable expenditures" does not include a municipality's expenditures for highway maintenance, administration, or construction; road-related facilities or other transportation; solid waste collection and disposal or other sanitation; culture; education; parks and recreation; conservation; or development.

AB229,12,14 (b) "Entitlement" means the product of aidable expenditures and tax base weight.

AB229,12,21 (c) "Full valuation" means the full value of all taxable property of a municipality for the preceding year as equalized for state tax purposes, including the value increments under s. 66.1105, the environmental remediation value increments under s. 66.1106 for municipalities that create the environmental remediation tax incremental district, and the value of real estate assessed under s. 70.995, but excluding the full value of property that is exempt under s. 70.11 (39) as determined under s. 79.095 (3).

AB229,12,24 (d) "Growth-sharing region" means "growth-sharing region" as defined by rule, no later than September 1, 2001, by the department of revenue so that this state is divided into at least 7 but not more than 25 growth-sharing regions.

AB229,12,25 (e) "Sales tax" means the tax imposed under ss. 77.52 and 77.53.

AB229,13,2 (f) "Standardized valuation" means the product of the standardized valuation per person times the population of a municipality in the preceding year.

AB229,13,5 (g) "Standardized valuation per person" is that number that when used in the computation under sub. (2) most nearly approximates the sum of entitlements for all municipalities to the funds distributable under sub. (2).

AB229,13,8 (h) "Tax base weight" means one minus the decimal obtained by dividing the full valuation by the standardized valuation, except that "tax base weight" shall be a decimal of at least 0.0.

AB229,13,12 (2) Aidable expenditures entitlements. (a) Beginning in 2002, the amount in the municipal services aid account for municipalities, less the payments under s. 79.04 (1) and (4) (a), shall be allocated to each municipality in proportion to its entitlement.

AB229,13,16 (b) Annually, the department of revenue shall determine the amount of each municipality's aidable expenditures. For purposes of calculating a municipality's entitlement, the amount of a municipality's aidable expenditures in a year is the lesser of the following:

AB229,13,18 1. The amount of the municipality's aidable expenditures in the year prior to the year in which the municipality receives the statement under s. 79.015.

AB229,13,24 2. The average of the amount of the municipality's aidable expenditures in 1998, 1999, and 2000, increased by the cumulative percentage under s. 79.05 (2) (c) by which the municipality could have increased its budget and still be eligible for a payment under s. 79.05, regardless of whether the municipality was eligible for a payment under s. 79.05. The cumulative percentage shall be calculated from 1999 to the year prior to the year of the statement under s. 79.015.

AB229,14,3 (3) Growth-sharing regions entitlement. (a) Except for payments made in 2002, a municipality in a growth-sharing region shall receive a payment under par. (b) if the following applies:

AB229,14,5 1. The municipality limits the growth in its municipal budget to the increase specified under s. 79.05 (2) (c) for the year of the statement under s. 79.015.

AB229,14,7 2. The municipality enters into an area cooperation compact under sub. (4) for the year of the statement under s. 79.015.

AB229,14,15 (b) In 2002, a municipality in a growth-sharing region, and in 2003 and subsequent years, a municipality in a growth-sharing region that fulfills the requirements under par. (a), shall receive a payment that is equal to the total amount allocated to the growth-sharing region, as determined under par. (c), multiplied by a fraction the numerator of which is the municipality's current population in the growth-sharing region, and the denominator of which is the current population in the growth-sharing region of all the municipalities that are eligible for payments under this subsection that are located in the growth-sharing region.

AB229,14,23 (c) The total amount allocated to a growth-sharing region shall be equal to the total amount to be distributed under s. 20.835 (1) (dd) multiplied by a fraction the numerator of which is the amount of sales tax collected in the growth-sharing region, as determined by the department of revenue, in the fiscal year prior to the fiscal year in which any municipality receives the statement under s. 79.015, and the denominator of which is the total amount of sales tax collected in this state, as determined by the department of revenue, in the fiscal year prior to the fiscal year in which any municipality receives the statement under s. 79.015.

AB229,15,3 (4) Area cooperation compacts. (a) 1. Except as provided in subd. 3., beginning in 2003 and ending in 2005, to receive payments under sub. (3), a municipality shall enter into an area cooperation compact with at least 2 municipalities or counties, or with any combination of at least 2 such entities, to perform at least 2 of the functions listed in par. (b).

AB229,15,8 2. Except as provided in subd. 3., beginning in 2006 and in each subsequent year, to receive payments under sub. (3), a municipality shall enter into an area cooperation compact with at least 4 municipalities or counties, or with any combination of at least 4 such entities, to provide law enforcement and to perform at least 5 of the other functions listed in par. (b).

AB229,15,12 3. A municipality that is not adjacent to at least 2 other municipalities may enter into a cooperation compact with any adjacent municipality or with the county in which the municipality is located to perform the number and type of functions as specified under subds. 1. or 2., as applicable to the year of the payment.

AB229,15,13 (b) An area cooperation compact may involve the following functions:

AB229,15,14 1. Law enforcement.

AB229,15,15 2. Housing.

AB229,15,16 3. Emergency services.

AB229,15,17 4. Fire protection.

AB229,15,18 5. Solid waste collection and disposal.

AB229,15,19 6. Recycling.

AB229,15,20 7. Public health.

AB229,15,21 8. Animal control.

AB229,15,22 10. Transportation.

AB229,15,23 11. Mass transit.

AB229,15,24 12. Land use planning.

AB229,15,25 13. Boundary agreements.

AB229,16,1 14. Libraries.

AB229,16,2 15. Parks and recreation.

AB229,16,3 16. Culture.

AB229,16,4 17. Purchasing.

AB229,16,5 18. Electronic government.

AB229,16,12 (c) An area cooperation compact shall provide a plan for any municipalities or counties that enter into the compact to collaborate to provide any functions under par. (b), as selected under par. (a). The compact shall provide benchmarks to measure the plan's progress and provide outcome-based performance measures to evaluate the plan's success. Municipalities and counties that enter into the compact shall structure the compact in a way that results in significant tax savings to taxpayers within those municipalities and counties.

AB229,16,17 (d) Annually, beginning in 2002, to receive a payment under sub. (3), a municipality shall certify to the department of revenue, in a manner prescribed by the department, by May 1 of the year of the statement under s. 79.015, that the municipality complied with pars. (a) to (c) for the year of the statement under s. 79.015.

AB229,16,21 (e) Annually, beginning in 2004, the legislative audit bureau shall prepare a report on the performance of area cooperation compacts and shall submit copies of the report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) by June 30.

AB229,17,7 (5) Minimum payments. (a) In 2002, if the combined payments to a municipality under subs. (2) and (3) are less than 95% of the combined payments to the municipality under s. 79.06, 1999 stats., and s. 79.03 (3), 1999 stats., excluding payments under s. 79.03 (3c), 1999 stats., for 2001, the municipality has an aids deficiency. The amount of the aids deficiency is the amount by which 95% of the amount of the combined payments to the municipality under s. 79.06, 1999 stats., and s. 79.03 (3), 1999 stats., excluding payments under s. 79.03 (3c), 1999 stats., for 2001 exceeds the payments to the municipality under subs. (2) and (3) in 2002. A municipality that has an aids deficiency under this paragraph shall receive a payment from the amounts withheld under sub. (6) (a) that is equal to its proportion of all the aids deficiencies of municipalities under this paragraph in 2002.

AB229,17,18 (b) Except as provided in par. (c), in 2003 and subsequent years, if the combined payments to a municipality under subs. (2) and (3) are less than 95% of the combined payments to the municipality under this subsection and subs. (2), (3), and (6) for the previous year, the municipality has an aids deficiency. The amount of the aids deficiency is the amount by which 95% of the amount of the combined payments to the municipality under this subsection and subs. (2), (3), and (6) in the previous year exceeds the combined payments to the municipality under subs. (2) and (3) in the current year. A municipality that has an aids deficiency under this paragraph shall receive a payment from the amounts withheld under sub. (6) (b) that is equal to its proportion of all the aids deficiencies of municipalities under this paragraph for the current year.

AB229,17,25 (c) In 2003 and subsequent years, if a municipality receives a payment under sub. (3) in the year following the year of the statement under s. 79.015 but did not receive a payment in the year of the statement, or if a municipality does not receive a payment under sub. (3) in the year following the year of the statement under s. 79.015 but received a payment in the year of the statement, the payment under sub. (3) shall be excluded from the calculation for determining the minimum payment under par. (b).

AB229,18,9 (6) Maximum payments. (a) In 2002, if the combined payments to a municipality under subs. (2) and (3) exceed combined payments to the municipality under s. 79.06, 1999 stats., and s. 79.03 (3), 1999 stats., excluding payments under s. 79.03 (3c), 1999 stats., for 2001 by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in 2002 under sub. (5) (a). In this paragraph, "maximum allowable increase" means a percentage such that the sum for all municipalities of the excess of payments in 2002 under subs. (2) and (3) over the payment as limited by the maximum allowable increase is equal to the sum of the aids deficiencies under sub. (5) (a) in 2002.

AB229,18,18 (b) In 2003 and subsequent years, if the combined payments to a municipality under subs. (2) and (3) exceed the combined payments to the municipality under this subsection and subs. (2), (3), and (5) for the previous year by more than the maximum allowable increase, the excess shall be withheld to fund minimum payments in the current year under sub. (5) (b). In this paragraph, "maximum allowable increase" in any year means a percentage such that the sum for all municipalities of the excess of payments in that year under subs. (2) and (3) over the payment as limited by the maximum allowable increase is equal to the sum of the aids deficiencies under sub. (5) (b) in that year.

AB229,18,25 (c) In 2003 and subsequent years, if a municipality receives a payment under sub. (3) in the year following the year of the statement under s. 79.015 but did not receive a payment in the year of the statement, or if a municipality does not receive a payment under sub. (3) in the year following the year of the statement under s. 79.015 but received a payment in the year of the statement, the payment under sub. (3) shall be excluded from the calculation for determining the maximum payment under par. (b).

AB229, s. 36 Section 36. Initial applicability.

AB229,19,5 (1) Growth-sharing region. The treatment of sections 20.835 (1) (d), (db), and (dd), 25.50 (3) (b), 33.32 (3) (b), 79.01 (1), (5), and (6), 79.015, 79.02 (2) (b) and (3), 79.03 (1), (2), (3) (a), (b) 1., 3., 4. (intro.), a. to bm., d. to f., and h., 5., and 6., and (4), 79.06 (1) and (2), and 79.065 of the statutes first applies to payments made in 2002.

AB229,19,6 (End)