Amendment AA1-AB798

LRBa1317/1

JK&RCT:jld:pg

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2005 ASSEMBLY BILL 798

November 14, 2005 - Offered by Representative Moulton.

AB798-AA1,1,1 At the locations indicated, amend the bill as follows:

AB798-AA1,1,3 1. Page 1, line 2: delete the material beginning with "the program" and ending with "programs" on line 3 and substitute "creating a property tax credit".

AB798-AA1,1,4 2. Page 1, line 4: before that line insert:

AB798-AA1,1,5 " Section 1b. 20.835 (3) (bm) of the statutes is created to read:

AB798-AA1,1,7 20.835 (3) (bm) Recycling fee property tax credit. A sum sufficient to make the payments under s. 79.10 (4m), not to exceed the amount under s. 289.645 (6) (b).

AB798-AA1, s. 1e Section 1e. 25.49 (3) of the statutes is amended to read:

AB798-AA1,1,9 25.49 (3) The Thirty percent of the fees imposed under s. 289.645.

AB798-AA1, s. 1f Section 1f. 74.09 (3) (b) 6. of the statutes is amended to read:

AB798-AA1,1,13 74.09 (3) (b) 6. The amount of the credit credits under s. 79.10 (4m) and (5) allocable to the property for the previous year and the current year, and the percentage change between those years.

AB798-AA1, s. 1g Section 1g. 79.10 (2) of the statutes is amended to read:

AB798-AA1,2,9 79.10 (2) Notice to municipalities. On or before December 1 of the year preceding the distribution under sub. (7m) (a) and (am), the department of revenue shall notify the clerk of each town, village and city of the estimated fair market value, as determined under sub. (11), to be used to calculate the lottery and gaming credit under sub. (5) and of the amount to be distributed to it under sub. (7m) (a) and (am) on the following 4th Monday in July. The anticipated receipt of such distribution shall not be taken into consideration in determining the tax rate of the municipality but shall be applied as tax credits.

AB798-AA1, s. 1h Section 1h. 79.10 (4m) of the statutes is created to read:

AB798-AA1,2,13 79.10 (4m) Recycling fee property tax credit. The amount appropriated under s. 20.835 (3) (bm) shall be distributed to municipalities in proportion to each municipality's share of equalized property values under s. 70.57.

AB798-AA1, s. 1j Section 1j. 79.10 (6m) (a) of the statutes is amended to read:

AB798-AA1,3,3 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), (4m), and (5) 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), (4m), and (5), 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), (4m), and (5), 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), (4m), and (5), 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.

AB798-AA1, s. 1k Section 1k. 79.10 (7m) (am) of the statutes is created to read:

AB798-AA1,3,7 79.10 (7m) (am) Recycling fee property tax credit. 1. Beginning with distributions in 2007, the amount determined under sub. (4m) shall be distributed by the department of administration on the 4th Monday in July.

AB798-AA1,3,13 2. The town, village, or city treasurer shall settle for the amounts distributed under this paragraph 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 town, village, or city treasurer 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.

AB798-AA1, s. 1L Section 1L. 79.10 (9) (b) of the statutes is amended to read:

AB798-AA1,3,23 79.10 (9) (b) Property tax relief credit credits. Except as provided in ss. 79.175 and 79.18, every property taxpayer of the municipality having assessed property shall receive a tax credit credits in an amount the amounts determined by applying the percentage of the amount of the value of property assessed to the taxpayer to the amount of the distribution distributions to be made to the municipality under sub. (7m) (a) and (am), as stated in the December 1 notification from the department of revenue, except that no taxpayer may receive a credit larger credits that are greater in amount than the total amount of property taxes to be paid on each parcel for which tax is levied for that year by that taxpayer.

AB798-AA1, s. 1m Section 1m. 79.10 (9) (c) 2. of the statutes is amended to read:

AB798-AA1,4,2 79.10 (9) (c) 2. The credit credits under par. (b) shall reduce the property taxes otherwise payable.".

AB798-AA1,4,3 3. Page 1, line 4: delete " Section 1" and substitute "Section 1r".

AB798-AA1,4,4 4. Page 1, line 6: after that line insert:

AB798-AA1,4,6 " Section 1t. 289.645 (6) of the statutes is renumbered 289.645 (6) (a) and amended to read:

AB798-AA1,4,8 289.645 (6) (a) The Thirty percent of the fees collected under sub. (2) shall be deposited in the recycling fund.

AB798-AA1, s. 1v Section 1v. 289.645 (6) (b) of the statutes is created to read:

AB798-AA1,4,11 289.645 (6) (b) Seventy percent of the fees collected under sub. (2) shall be credited to the appropriation account under s. 20.835 (3) (bm).".

AB798-AA1,4,12 5. Page 2, line 1: delete lines 1 to 6.

AB798-AA1,4,13 (End)