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LRB-1231LRB-1231/9
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2005 - 2006 LEGISLATURE
DOA:......Ziegler, BB0306 - County levy restraint incentive and bonus program
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
local government
Under current law, the Expenditure Restraint Program provides an annual state aid payment to any municipality that has a property tax rate greater than five mills and that limits the growth of its municipal budget according to a formula based, generally, on 60 percent of the percentage change in the equalized assessed value of new construction located in the municipality and on the rate of inflation.
This bill creates the County Levy Restraint Program which provides annual state aid payments, beginning in 2007, to any county that limits its property tax levy to an amount that is no greater than the maximum allowable levy according to a formula that is based, generally, on 60 percent of the percentage change in the equalized assessed value of new construction located in the county and on the rate of inflation.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.835 (1) (cf) of the statutes is created to read:
20.835 (1) (cf) County levy restraint payment account. Beginning in 2007, a sum sufficient to make the payments to counties under s. 79.052 (4) (a).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.835 (1) (cg) of the statutes is created to read:
20.835 (1) (cg) County levy restraint bonus payment account. Beginning in 2007, a sum sufficient to make the payments to counties under s. 79.052 (4) (b).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 79.01 (5) of the statutes is created to read:
79.01 (5) There is established an account in the general fund entitled the "County Levy Restraint Payment Account." There shall be appropriated to that account $25,000,000 in 2007 and in each year thereafter.
SECTION 4. 79.01 (6) of the statutes is created to read:
79.01 (6) There is established an account in the general fund entitled the "County Levy Restraint Bonus Payment Account." There shall be appropriated to that account $10,000,000 in 2007 and in each year thereafter.
SECTION 5. 79.015 of the statutes is amended to read:
79.015 Statement of estimated payments. The department of revenue, on or before September 15 of each year, shall provide to each municipality and county a statement of estimated payments to be made in the next calendar year to the municipality or county under ss. 79.03, 79.035, 79.04, 79.05, 79.051, 79.052, 79.058, and 79.06.
****NOTE: This is reconciled s. 79.015. This SECTION has been affected by LRB-1231/4 and LRB-1229/3.
SECTION 6. 79.02 (2) (b) of the statutes is amended to read:
79.02 (2) (b) Subject to ss. 59.605 (4) and 70.995 (14) (b), payments in July shall equal 15% of the municipality's or county's estimated payments under ss. 79.03, 79.035, 79.04, 79.058, and 79.06 and 100% of the municipality's or county's estimated payments under s. ss. 79.05, 79.051, and 79.052.
****NOTE: This is reconciled s. 79.02 (2) (b). This SECTION has been affected by LRB-1231/4 and LRB-1229/3.
SECTION 7. 79.052 of the statutes is created to read:
79.052 County levy restraint program. (1) DEFINITIONS. In this section:
(a) "County tax levy" means the sum for all municipalities in the county of the amounts reported as total county taxes levied on the statement of taxes filed with the department of revenue under s. 73.10, not including any taxes levied under s. 115.817 (9).
(b) "County tax rate" means the county tax levy divided by the equalized assessed value of all property located in the county, as determined under s. 70.57, excluding the value of any tax increments under s. 66.1105.
(bm) "Debt service" includes debt service on debt issued or reissued to fund or refund outstanding county obligations, interest on outstanding county obligations, and related issuance costs and redemption premiums.
(c) "Inflation factor" means a percentage equal to the average annual 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 of the year before the statement under s. 79.015.
(d) "Maximum allowable levy" means the county tax levy for the year before the statement under s. 79.015, as adjusted under sub. (5), multiplied by the sum of one plus 85 percent of the inflation factor and 85 percent of the valuation factor, rounded to the nearest 0.01 percent.
(e) "Valuation factor" means a percentage equal to 60 percent of the percentage change in the county's equalized value under s. 70.57 due to new construction less improvements removed between the year before the statement under s. 79.015 and the previous year, but not less than zero nor greater than 2.
(2) ELIGIBILITY. A county is eligible to receive a payment under sub. (4) if the county's county tax levy for the year of the statement under s. 79.015 is no greater than the county's maximum allowable levy.
(3) CONSUMER PRICE INDEX. Annually, on August 1, the department of revenue shall certify to the joint committee on finance the appropriate percentage change in the consumer price index that is to be used to determine the inflation factor.
(4) PAYMENTS. (a) Beginning in 2007, each county that is eligible under sub. (2) shall receive a payment calculated by the department of revenue as follows:
1. Determine the county tax levy for the county.
2. Divide the amount determined under subd. 1. by the total of the amounts under subd. 1. for all counties that are eligible for a payment under sub. (2).
3. Multiply the amount determined under subd. 2. by $25,000,000.
(b) Beginning in 2007, each county that is eligible under sub. (2) shall receive an additional payment calculated by the department of revenue as follows:
1. Subtract the county tax levy, as determined under par. (a) 1., from the county's maximum allowable levy.
2. Divide the amount determined under subd. 1. by the total of the amounts under subd. 1. for all counties that are eligible for a payment under sub. (2).
3. Multiply the amount determined under subd. 2. by $10,000,000.
(5) ADJUSTMENTS. For purposes of determining eligibility for and the amount of the payments under this section:
(a) If a county transfers to another governmental unit responsibility for providing any service that the county provided in the preceding year, its county tax levy for the preceding year shall be decreased to reflect the amount that the county levied to provide that service, as determined by the department of revenue.
(b) If a county increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in any year, its county tax levy for the preceding year shall be increased to reflect the cost of that service, as determined by the department of revenue.
(c) If in any year a county's distribution under s. 79.043 (5) is less than the county's distribution under s. 79.043 (5) in the previous year, the county's maximum allowable levy shall be increased to reflect the reduction in the distribution.
(d) The maximum allowable levy otherwise applicable under this section does not apply to amounts levied by a county for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the county, interest on outstanding obligations of the county, or the payment of related issuance costs or redemption premiums, secured by the full faith and credit of the county.
(End)
LRB-1233LRB-1233/1
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2005 - 2006 LEGISLATURE
DOA:......Ziegler, BB0308 - Municipal aid amount correction
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
local government
Under current law, the amount of municipal aid payments distributed to municipalities each year is $703,102,200. Under this bill, the amount of municipal aid payments distributed to municipalities each year is $702,483,300.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 79.043 (4) of the statutes is amended to read:
79.043 (4) Except as provided under s. 79.02 (3) (e), beginning in 2004 the total amount to be distributed each year to municipalities from the aid account is $703,102,200 $702,483,300.
SECTION 9341. Initial applicability; revenue.
(1) MUNICIPAL AID PAYMENTS. The treatment of section 79.043 (4) of the statutes first applies to payments distributed in 2005.
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LRB-1243LRB-1243/P3
CTS/RNK:jld&kf:rs
2005 - 2006 LEGISLATURE
DOA:......Walker, BB0311 - Transfer consumer protection duties to Department of Justice
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
state government
Other state government
Under current law, DATCP administers most consumer protection and trade practice laws. The authority to bring a court action to enforce these laws rests with either DATCP or the district attorney. Where DATCP has the authority to bring a court action, current law specifies whether DATCP has exclusive authority, or whether it has joint authority with DOJ or the district attorney.
This bill transfers all of the administrative authority for certain of these laws, including laws relating to ticket refunds, dating service contracts, mail-order sales, fraudulent representations, methods of competition and trade practices, telecommunications services, cable television subscriber rights, hazardous substances, product safety, products containing or made with ozone-depleting substances, future services plans, landlord and tenant, and time-share ownership, to DOJ. The authority to bring a court action to enforce these laws is transferred either exclusively to DOJ or to DOJ jointly with the district attorney. For certain other of these laws, including unfair trade practices in the dairy industry, discrimination in the purchase of milk, and unfair trade practices in the procurement of vegetable crops, the bill does not affect DATCP's authority under current law to administer these laws but specifies that the authority to bring a court action rests either exclusively with DOJ or jointly with the district attorney. The bill does not affect DATCP's authority to both administer and enforce certain other trade practice laws, such as those relating to music royalty collection, the substantiation of energy savings or safety claims, and motor fuel dealerships.
Under current law, if a court imposes a fine or forfeiture for a violation of certain consumer protection laws or the laws regulating weights and measures, the court is required to impose an additional consumer protection surcharge. The surcharges, up to a certain limit, are credited to an appropriation account for expenditure by DATCP for consumer protection and consumer information and education. Under the bill, these consumer protection surcharges, other than those imposed for a violation of the laws regulating weights and measures, are credited to an appropriation account for expenditure by DOJ, rather than DATCP. This bill also requires the imposition of the consumer protection surcharge for fines or forfeitures resulting from the violation of statutes prohibiting the creation of monopolies and the unfair and discriminatory business practices that hamper competition.
Under current law, DATCP is under the supervision and direction the Board of Agriculture, Trade and Consumer Protection. The board currently consists of nine members, seven of whom have an agricultural background and two of whom are consumer representatives. This bill changes the composition of the board so that all nine members have agricultural backgrounds.
The bill also changes the name of DATCP to the Department of Agriculture, Trade, and Rural Resources and changes the name of the Board of Agriculture, Trade and Consumer Protection to the Board of Agriculture, Trade, and Rural Resources.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.13 of the statutes is amended to read:
15.13 Department of agriculture, trade, and consumer protection rural resources; creation. There is created a department of agriculture, trade, and consumer protection rural resources under the direction and supervision of the board of agriculture, trade, and consumer protection rural resources. The board shall consist of 7 9 members with an agricultural background and 2 members who are consumer representatives, appointed for staggered 6-year terms. Appointments to the board shall be made without regard to party affiliation, residence or interest in any special organized group.
SECTION 2. 15.137 (1) (a) (intro.) of the statutes is amended to read:
15.137 (1) (a) (intro.) There is created in the department of agriculture, trade, and consumer protection rural resources an agricultural producer security council consisting of the following members appointed by the secretary of agriculture, trade, and rural resources for 3-year terms:
SECTION 3. 20.115 (1) (hm) of the statutes is amended to read:
20.115 (1) (hm) Ozone-depleting refrigerants and products regulation. The amounts in the schedule for administration of the mobile air conditioner servicing and refrigerant recycling programs and for responsibilities under ss. s. 100.45 and 100.50 relating to sales and labeling of products containing or made with ozone-depleting substances. All moneys received from fees under s. 100.45 (5) (a) 3. and (5m) shall be credited to this appropriation.
SECTION 4. 20.115 (8) (jm) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 20.455 (1) (title) of the statutes is amended to read:
20.455 (1) (title) LEGAL AND REGULATORY SERVICES.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 20.455 (1) (g) of the statutes is created to read:
20.455 (1) (g) Consumer protection, information, and education. The amounts in the schedule for consumer protection and consumer information and education. All moneys received under s. 100.261 (3) (d) shall be credited to this appropriation account, subject to the limit under s. 100.261 (3) (e).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
