LRBa0221/1
MES/PG/JK:wj:jf
2005 - 2006 LEGISLATURE
SENATE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 58
February 22, 2005 - Offered by Senators Decker, Wirch, Erpenbach, Lassa,
Carpenter, Breske, Jauch, Robson, Plale, Hansen
and Taylor.
AB58-SA1,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB58-SA1,1,3 31. Page 1, line 3: delete "limits and" and substitute "limits,".
AB58-SA1,1,4 42. Page 1, line 4: after "districts" insert ", and making appropriations".
AB58-SA1,1,5 53. Page 2, line 1: before that line insert:
AB58-SA1,1,6 6" Section 1ab. 16.518 (title) of the statutes is amended to read:
AB58-SA1,1,8 716.518 (title) Transfers to the budget stabilization fund and the cash
8building projects
health care quality improvement fund.
AB58-SA1, s. 1ad 9Section 1ad. 16.518 (3) (b) 3. of the statutes is created to read:
AB58-SA1,1,1310 16.518 (3) (b) 3. In the 2006-07 fiscal year, the secretary shall reduce any
11amount transferred to the budget stabilization fund under par. (a) by an amount
12necessary to ensure that the distribution on June 15, 2007, under s. 79.10 (7m) (a)
131. b. is made.
AB58-SA1, s. 1am
1Section 1am. 16.518 (4) of the statutes is created to read:
AB58-SA1,2,72 16.518 (4) Notwithstanding sub. (3), if the amount of moneys projected to be
3deposited in the general fund during the 2005-07 fiscal biennium that are
4designated as "Taxes" in the summary is less than the amount of such moneys
5estimated to be deposited in the general fund during that fiscal biennium, as
6determined by the department under s. 79.10 (7m) (a) 1. b., the secretary may
7transfer any of the excess to the health care quality improvement fund.
AB58-SA1, s. 1b 8Section 1b. 20.835 (1) (c) of the statutes is amended to read:
AB58-SA1,2,119 20.835 (1) (c) Expenditure restraint program account. A sum sufficient to make
10the payments under s. 79.05. No moneys may be encumbered or expended from this
11appropriation after December 31, 2006.
AB58-SA1, s. 1c 12Section 1c. 20.835 (1) (cb) of the statutes is created to read:
AB58-SA1,2,1413 20.835 (1) (cb) Municipal levy restraint payment account. Beginning in 2007,
14a sum sufficient to make the payments to municipalities under s. 79.051 (4) (a).
AB58-SA1, s. 1d 15Section 1d. 20.835 (1) (cd) of the statutes is created to read:
AB58-SA1,2,1716 20.835 (1) (cd) Municipal levy restraint bonus payment account. Beginning in
172007, a sum sufficient to make the payments to municipalities under s. 79.051 (4) (b).
AB58-SA1, s. 1e 18Section 1e. 20.835 (1) (cf) of the statutes is created to read:
AB58-SA1,2,2019 20.835 (1) (cf) County levy restraint payment account. Beginning in 2007, a
20sum sufficient to make the payments to counties under s. 79.052 (4) (a).
AB58-SA1, s. 1f 21Section 1f. 20.835 (1) (cg) of the statutes is created to read:
AB58-SA1,2,2322 20.835 (1) (cg) County levy restraint bonus payment account. Beginning in
232007, a sum sufficient to make the payments to counties under s. 79.052 (4) (b).".
AB58-SA1,2,24 244. Page 2, line 1: delete " Section 1" and substitute "Section 1m".
AB58-SA1,3,2
15. Page 5, line 3: delete the material beginning with that line and ending with
2page 8, line 19, and substitute:
AB58-SA1,3,3 3" Section 2e. 66.0602 of the statutes is created to read:
AB58-SA1,3,4 466.0602 Local levy limits. (1) Definitions. In this section:
AB58-SA1,3,85 (a) "County growth factor" means a percentage equal to 60 percent of the
6percentage change in the county's January 1 equalized value due to new construction
7less improvements removed between the year before the previous year and the
8previous year, but not less than zero.
AB58-SA1,3,129 (b) "Debt service" includes debt service on debt issued or reissued to fund or
10refund outstanding municipal or county obligations, interest on outstanding
11municipal or county obligations, and related issuance costs and redemption
12premiums.
AB58-SA1,3,1713 (c) "Inflation factor" means a percentage equal to the average annual
14percentage change in the U.S. consumer price index for all urban consumers, U.S.
15city average, as determined by the U.S. department of labor, for the 12 months
16ending on June 30 of the year in which property tax bills are mailed under s. 74.09
17(5).
AB58-SA1,3,1818 (d) "Members-elect" has the meaning given in s. 59.001 (2m).
AB58-SA1,3,2219 (e) "Municipal growth factor" means a percentage equal to 60 percent of the
20percentage change in the region's January 1 equalized value due to new construction
21less improvements removed between the year before the previous year and the
22previous year, but not less than zero.
AB58-SA1,3,2323 (f) "Municipality" means a city, village, or town.
AB58-SA1,3,2424 (g) "Political subdivision" means a city, village, town, or county.
AB58-SA1,4,5
1(h) "Region" means any of the following areas to which a municipality is
2assigned by the department of revenue, according to the county in which the
3municipality is located, except that, if the municipality is located in more than one
4county, the municipality is considered to be located in the county that has the greater
5taxable value:
AB58-SA1,4,76 1. Region 1, consisting of the counties of Brown, Door, Florence, Kewaunee,
7Manitowoc, Marinette, Oconto, and Sheboygan.
AB58-SA1,4,108 2. Region 2, consisting of the counties of Calumet, Fond du Lac, Green Lake,
9Marquette, Menominee, Outagamie, Shawano, Waupaca, Waushara, and
10Winnebago.
AB58-SA1,4,1211 3. Region 3, consisting of the counties of Buffalo, Crawford, Jackson, La Crosse,
12Monroe, Pepin, Pierce, Trempealeau, and Vernon.
AB58-SA1,4,1413 4. Region 4, consisting of the counties of Adams, Forest, Juneau, Langlade,
14Lincoln, Marathon, Oneida, Portage, Vilas, and Wood.
AB58-SA1,4,1615 5. Region 5, consisting of the counties of Ashland, Bayfield, Burnett, Douglas,
16Iron, Price, Rusk, Sawyer, Taylor, and Washburn.
AB58-SA1,4,1817 6. Region 6, consisting of the counties of Columbia, Dane, Dodge, Jefferson,
18Rock, and Sauk.
AB58-SA1,4,2019 7. Region 7, consisting of the counties of Kenosha, Milwaukee, Ozaukee,
20Racine, Walworth, Washington, and Waukesha.
AB58-SA1,4,2221 8. Region 8, consisting of the counties of Grant, Green, Iowa, Lafayette, and
22Richland.
AB58-SA1,4,2423 9. Region 9, consisting of the counties of Barron, Chippewa, Clark, Dunn, Eau
24Claire, Polk, and St. Croix.
AB58-SA1,5,5
1(2) Levy limit. (a) Except as provided in subs. (3), (4), and (5), no municipality
2may increase its levy in any year by a percentage that exceeds the sum of the inflation
3factor and the municipal growth factor. In determining its levy in any year, a city,
4village, or town shall subtract any tax increment that is calculated under s. 60.85 (1)
5(L) or 66.1105 (2) (i).
AB58-SA1,5,86 (b) Except as provided in subs. (3), (4), and (5), no county may increase its levy
7in any year by a percentage that exceeds the sum of the inflation factor and the
8county growth factor.
AB58-SA1,5,14 9(3) Exceptions. (a) If a political subdivision transfers to another governmental
10unit responsibility for providing any service that the political subdivision provided
11in the preceding year, the levy increase limit otherwise applicable under this section
12to the political subdivision in the current year is decreased to reflect the cost that the
13political subdivision would have incurred to provide that service, as determined by
14the department of revenue.
AB58-SA1,5,2015 (b) If a political subdivision increases the services that it provides by adding
16responsibility for providing a service transferred to it from another governmental
17unit that provided the service in the preceding year, the levy increase limit otherwise
18applicable under this section to the political subdivision in the current year is
19increased to reflect the cost of that service, as determined by the department of
20revenue.
AB58-SA1,6,321 (c) If a city or village annexes territory from a town, the city's or village's levy
22increase limit otherwise applicable under this section is increased in the current year
23by an amount equal to the city's or village's mill rate applied to the current assessed
24value of the annexed territory, and the levy increase limit otherwise applicable under
25this section in the current year for the town from which the territory is annexed is

1decreased by the town's mill rate applied to the assessed value of the annexed
2territory as of the last year that the territory was subject to taxation by the town, as
3determined by the department of revenue.
AB58-SA1,6,104 (d) The limit otherwise applicable under this section does not apply to amounts
5levied by a political subdivision for the payment of any general obligation debt
6service, including debt service on debt issued or reissued to fund or refund
7outstanding obligations of the political subdivision, interest on outstanding
8obligations of the political subdivision, or the payment of related issuance costs or
9redemption premiums, secured by the full faith and credit of the political
10subdivision.
AB58-SA1,6,1311 (e) The limit otherwise applicable under this section does not apply to the
12amount that a county levies in that year for a county children with disabilities
13education board.
AB58-SA1,6,1514 (f) The limit otherwise applicable under this section does not apply to the
15amount that a 1st class city levies for school purposes.
AB58-SA1,6,1916 (g) If in any year a political subdivision's distribution under s. 79.043 (5) is less
17than the political subdivision's distribution under s. 79.043 (5) in the previous year,
18the limit otherwise applicable under this section shall be increased to reflect the
19reduction in the distribution.
AB58-SA1,6,22 20(4) Referendum exception. (a) A political subdivision may exceed the levy
21increase limit under sub. (2) if its governing body adopts a resolution to that effect
22and the resolution is approved in a referendum.
AB58-SA1,7,423 (b) The resolution under par. (a) shall specify the proposed amount of increase
24in the levy beyond the amount that is allowed under sub. (2). The political
25subdivision may either call a special referendum for the purpose of submitting the

1resolution to the electors of the political subdivision for approval or rejection or the
2referendum may be held at the next succeeding spring primary or election or
3September primary or general election, if such election is to be held not sooner than
442 days after the resolution is adopted.
AB58-SA1,7,75 (c) The clerk of the political subdivision shall publish type A, B, C, D, and E
6notices of the referendum under s. 10.01 (2). Section 5.01 (1) applies in the event of
7failure to comply with the notice requirements of this paragraph.
AB58-SA1,7,168 (d) The referendum shall be held in accordance with chs. 5 to 12. The political
9subdivision shall provide the election officials with all necessary election supplies.
10The form of the ballot shall correspond substantially with the standard form for
11referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1)
12(a). The question shall be submitted as follows: "Under state law, the increase in the
13levy of the .... (name of political subdivision) for the tax to be imposed for the next
14fiscal year, .... (year), is limited to ....%, which results in a levy of $.... Shall the ....
15(name of political subdivision) be allowed to exceed this limit and increase the levy
16for the next fiscal year, .... (year), by a total of ....%, which results in a levy of $....?"
AB58-SA1,7,1817 (e) Within 14 days after the referendum, the clerk of the political subdivision
18shall certify the results of the referendum to the department of revenue.
AB58-SA1,7,2119 (f) The levy increase limit otherwise applicable to the political subdivision
20under sub. (2) is increased in the next fiscal year by the percentage approved by a
21majority of those voting on the question under par. (d).
AB58-SA1,8,3 22(5) Exception, certain towns. A town with a population of less than 2,000 may
23exceed the levy increase limit otherwise applicable under this section to the town if
24the annual town meeting or a special town meeting adopts a resolution to that effect.
25The limit otherwise applicable to the town under sub. (2) is increased in the next

1fiscal year by the percentage approved by a majority of those voting on the question.
2Within 14 days after the adoption of the resolution, the town clerk shall certify the
3results of the vote to the department of revenue.
AB58-SA1,8,6 4(6) Reporting requirements. The department of revenue may promulgate
5rules relating to a political subdivision reporting its debt service levy and nondebt
6service levy to the department.
AB58-SA1,8,8 7(7) Sunset. This section does not apply to a property tax levy that is imposed
8after December 2006.".
AB58-SA1,8,10 96. Page 8, line 19: after that line delete the material inserted by assembly
10amendment 1 and substitute:
AB58-SA1,8,11 11" Section 2f. 79.01 (1) of the statutes is amended to read:
AB58-SA1,8,1712 79.01 (1) There is established an account in the general fund entitled the
13"Expenditure Restraint Program Account." There shall be appropriated to that
14account $25,000,000 in 1991, in 1992, and in 1993; $42,000,000 in 1994; $48,000,000
15in each year beginning in 1995 and ending in 1999; $57,000,000 in the year 2000 and
16in the year 2001; $57,570,000 in 2002; and $58,145,700 in 2003 and in each year
17thereafter, ending in 2006.
AB58-SA1, s. 2g 18Section 2g. 79.01 (5) of the statutes is created to read:
AB58-SA1,8,2119 79.01 (5) There is established an account in the general fund entitled the
20"County Levy Restraint Payment Account." There shall be appropriated to that
21account $25,000,000 in 2007 and in each year thereafter.
AB58-SA1, s. 2h 22Section 2h. 79.01 (5b) of the statutes is created to read:
AB58-SA1,9,3
179.01 (5b) There is established an account in the general fund entitled the
2"Municipal Levy Restraint Payment Account." There shall be appropriated to that
3account $58,145,700 in 2007 and in each year thereafter.
AB58-SA1, s. 2i 4Section 2i. 79.01 (6) of the statutes is created to read:
AB58-SA1,9,75 79.01 (6) There is established an account in the general fund entitled the
6"County Levy Restraint Bonus Payment Account." There shall be appropriated to
7that account $10,000,000 in 2007 and in each year thereafter.
AB58-SA1, s. 2j 8Section 2j. 79.01 (6b) of the statutes is created to read:
AB58-SA1,9,119 79.01 (6b) There is established an account in the general fund entitled the
10"Municipal Levy Restraint Bonus Payment Account." There shall be appropriated
11to that account $10,000,000 in 2007 and in each year thereafter.
AB58-SA1, s. 2k 12Section 2k. 79.015 of the statutes is amended to read:
AB58-SA1,9,17 1379.015 Statement of estimated payments. The department of revenue, on
14or before September 15 of each year, shall provide to each municipality and county
15a statement of estimated payments to be made in the next calendar year to the
16municipality or county under ss. 79.03, 79.035, 79.04, 79.05, 79.051, 79.052, 79.058,
17and 79.06.
AB58-SA1, s. 2L 18Section 2L. 79.02 (2) (b) of the statutes is amended to read:
AB58-SA1,9,2219 79.02 (2) (b) Subject to ss. 59.605 (4) and 70.995 (14) (b), payments in July shall
20equal 15% of the municipality's or county's estimated payments under ss. 79.03,
2179.035, 79.04, 79.058, and 79.06 and 100% of the municipality's or county's estimated
22payments under s. ss. 79.05, 79.051, and 79.052.
AB58-SA1, s. 2Lx 23Section 2Lx. 79.043 (4) of the statutes is amended to read:
AB58-SA1,10,3
179.043 (4) Except as provided under s. 79.02 (3) (e), beginning in 2004 the total
2amount to be distributed each year to municipalities from the aid account is
3$703,102,200 $702,483,300.
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