AB100: Bill Text

AB100,597,19 (c) Review and recommend projects from local governmental units for grants from the department of administration under s. 16.967 (7).

AB100, s. 1237 Section 1237. 59.72 (4) of the statutes is repealed and recreated to read:

AB100,597,23 59.72 (4) Aid to counties. A board that has established a land information office under sub. (3) may apply to the department of administration for a grant for a land information project under s. 16.967 (7).

AB100, s. 1238 Section 1238. 59.72 (5) of the statutes is repealed and recreated to read:

AB100,598,5 59.72 (5) Land record modernization funding. (a) Before the 16th day of each month a register of deeds shall submit to the department of administration $7 from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. (b).

AB100,598,8 (b) A county may retain $5 of the $7 submitted under par. (a) from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:

AB100,598,9 1. The county has established a land information office under sub. (3).

AB100,598,12 2. A land information office has been established for less than 2 years or has received approval for a countywide plan for land records modernization under sub. (3) (b).

AB100,598,16 3. The county uses $4 of each $5 fee retained under this paragraph to develop, implement, and maintain the countywide plan for land records modernization and $1 of each $5 fee retained under this paragraph for the provision of land information on the Internet, including the county's land information records relating to housing.

AB100, s. 1239 Section 1239. 65.90 (3) (br) of the statutes is created to read:

AB100,598,19 65.90 (3) (br) For a school district, the budget summary required under par. (a) shall also include all of the following:

AB100,598,23 1. For the proposed budget, the current budget, and the budget in the previous fiscal year, the school district's general fund balance at the end of the fiscal year divided by the school district's general fund expenditures in that fiscal year, expressed as a percentage.

AB100,599,3 2. For the current budget and the budget in the previous fiscal year, the statewide average school district general fund balance at the end of the fiscal year divided by the statewide average school district general fund expenditures in that fiscal year, expressed as a percentage, as provided by the department of public instruction under par. (c).

AB100, s. 1240 Section 1240. 65.90 (3) (c) of the statutes is amended to read:

AB100,599,13 65.90 (3) (c) The department of public instruction under s. 115.28, the department of revenue under s. 73.10 and the technical college system board under s. 38.04 shall encourage and consult with interested public and private organizations regarding the budget summary information required under pars. (a) and (b). The department of public instruction and the technical college system board shall specify the revenue and expenditure detail that is required under par. (b) 1. and 2. for school districts and for technical college districts. The department of public instruction shall provide school districts with the information required under par. (br) 2. For the current budget, the department shall estimate the percentage.

AB100, s. 1241 Section 1241. 65.90 (3) (d) of the statutes is amended to read:

AB100,599,18 65.90 (3) (d) A municipality may publish any additional budget summary information that its governing body considers necessary, but the additional information shall be reported separately from the information required under pars. (a), (b) and, (bm), and (br).

AB100, s. 1242 Section 1242. 65.90 (5) (c) of the statutes is created to read:

AB100,600,2 65.90 (5) (c) If a school board adopts a proposed budget in which the school district's general fund balance at the end of the fiscal year divided by the school district's general fund expenditures in that fiscal year exceeds an amount equal to 90 percent of the statewide average school district general fund balance at the end of the previous fiscal year divided by the statewide average school district general fund expenditures in the previous fiscal year, as determined by the department of public instruction under sub. (3) (br) 2., the school board shall conduct a separate vote approving the excess.

AB100, s. 1243 Section 1243. 66.0301 (3) of the statutes is amended to read:

AB100,600,10 66.0301 (3) Any contract under sub. (2) may provide a plan for administration of the function or project, which may include but is not limited to provisions as to proration of the expenses involved, deposit and disbursement of funds appropriated, submission and approval of budgets, creation of a commission, selection and removal of commissioners, and formation and letting of contracts. If a commission is created, the employees of the commission are not employees of the municipalities that created the commission, unless the municipalities specify otherwise in the contract.

AB100, s. 1244 Section 1244. 66.0305 (title) of the statutes is amended to read:

AB100,600,12 66.0305 (title) Municipal Political subdivision revenue sharing.

AB100, s. 1245 Section 1245. 66.0305 (1) of the statutes is amended to read:

AB100,600,15 66.0305 (1) Definition. In this section, "municipality" "political subdivision" means a city, village or, town, or county.

AB100, s. 1246 Section 1246. 66.0305 (2) of the statutes is amended to read:

AB100,600,24 66.0305 (2) Municipal Political subdivision revenue sharing agreement. Subject to the requirements of this section, any 2 or more municipalities political subdivisions may, by a majority vote of a quorum of their governing bodies, enter into an agreement to share all or a specified part of revenues derived from taxes, payments received from the state, fee revenues, and special charges, as defined in s. 74.01 (4). One or more municipalities political subdivisions may enter into agreements under this section with federally recognized American Indian tribes or bands.

AB100, s. 1247 Section 1247. 66.0305 (3) of the statutes is amended to read:

AB100,601,4 66.0305 (3) Public hearing. At least 30 days before entering into an agreement under sub. (2), a municipality political subdivision shall hold a public hearing on the proposed agreement. Notice of the hearing shall be published as a class 3 notice under ch. 985.

AB100, s. 1248 Section 1248. 66.0305 (4) (a) 4. of the statutes is amended to read:

AB100,601,8 66.0305 (4) (a) 4. The date upon which revenues agreed to be shared under the agreement shall be paid to the appropriate municipality political subdivision shall be specified.

AB100, s. 1249 Section 1249. 66.0305 (5) of the statutes is amended to read:

AB100,601,13 66.0305 (5) Contiguous boundaries. No municipality political subdivision may enter into an agreement under sub. (2) with one or more municipalities political subdivisions unless the municipality political subdivision is contiguous to at least one other municipality political subdivision that enters into the agreement.

AB100, s. 1250 Section 1250. 66.0305 (6) of the statutes is amended to read:

AB100,602,2 66.0305 (6) Advisory referendum. (a) Within 30 days after the hearing under sub. (3), the governing body of a participating municipality political subdivision may adopt a resolution calling for an advisory referendum on the agreement. An advisory referendum shall be held if, within 30 days after the hearing under sub. (3), a petition, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality political subdivision at the last gubernatorial election, is filed with the clerk of a participating municipality political subdivision, requesting an advisory referendum on the revenue sharing plan. The petition shall conform to the requirements of s. 8.40 and shall be filed as provided in s. 8.37. If an advisory referendum is held, the municipality's political subdivision's governing body may not vote to approve the agreement under sub. (2) until the report under par. (d) is filed.

AB100,602,9 (b) The advisory referendum shall be held not less than 42 days nor more than 72 days after adoption of the resolution under par. (a) calling for the referendum or not less than 42 days nor more than 72 days after receipt of the petition under par. (a) by the municipal or county clerk. The municipal or county clerk shall give notice of the referendum by publishing a notice in a newspaper of general circulation in the municipality political subdivision, both on the publication day next preceding the advisory referendum election and one week prior to that publication date.

AB100,602,16 (c) The advisory referendum shall be conducted by the municipal political subdivision's election officials. The governing body of the municipality political subdivision may specify the number of election officials for the referendum. The ballots shall contain the words "For the revenue sharing agreement" and "Against the revenue sharing agreement" and shall otherwise conform to the provisions of s. 5.64 (2). The election shall be conducted as are other municipal or county elections in accordance with chs. 6 and 7, insofar as applicable.

AB100,602,20 (d) The election inspectors shall report the results of the election, showing the total number of votes cast and the numbers cast for and against the revenue sharing. The election inspectors shall attach their affidavit to the report and immediately file the report in the office of the municipal or county clerk.

AB100,602,22 (e) The costs of the advisory referendum election shall be borne by the municipality political subdivision that holds the election.

AB100, s. 1251 Section 1251. 66.0602 of the statutes is created to read:

AB100,602,24 66.0602 Local levy limits. (1) Definitions. In this section:

AB100,603,4 (a) "County growth factor" means a percentage equal to 60 percent of the percentage change in the county's January 1 equalized value due to new construction less improvements removed between the year before the previous year and the previous year, but not less than zero.

AB100,603,8 (b) "Debt service" includes debt service on debt issued or reissued to fund or refund outstanding municipal or county obligations, interest on outstanding municipal or county obligations, and related issuance costs and redemption premiums.

AB100,603,13 (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 in which property tax bills are mailed under s. 74.09 (5).

AB100,603,14 (d) "Members-elect" has the meaning given in s. 59.001 (2m).

AB100,603,18 (e) "Municipal growth factor" means a percentage equal to 60 percent of the percentage change in the region's January 1 equalized value due to new construction less improvements removed between the year before the previous year and the previous year, but not less than zero.

AB100,603,19 (f) "Municipality" means a city, village, or town.

AB100,603,20 (g) "Political subdivision" means a city, village, town, or county.

AB100,603,25 (h) "Region" means any of the following areas to which a municipality is assigned by the department of revenue, according to the county in which the municipality is located, except that, if the municipality is located in more than one county, the municipality is considered to be located in the county that has the greater taxable value:

AB100,604,2 1. Region 1, consisting of the counties of Brown, Door, Florence, Kewaunee, Manitowoc, Marinette, Oconto, and Sheboygan.

AB100,604,5 2. Region 2, consisting of the counties of Calumet, Fond du Lac, Green Lake, Marquette, Menominee, Outagamie, Shawano, Waupaca, Waushara, and Winnebago.

AB100,604,7 3. Region 3, consisting of the counties of Buffalo, Crawford, Jackson, La Crosse, Monroe, Pepin, Pierce, Trempealeau, and Vernon.

AB100,604,9 4. Region 4, consisting of the counties of Adams, Forest, Juneau, Langlade, Lincoln, Marathon, Oneida, Portage, Vilas, and Wood.

AB100,604,11 5. Region 5, consisting of the counties of Ashland, Bayfield, Burnett, Douglas, Iron, Price, Rusk, Sawyer, Taylor, and Washburn.

AB100,604,13 6. Region 6, consisting of the counties of Columbia, Dane, Dodge, Jefferson, Rock, and Sauk.

AB100,604,15 7. Region 7, consisting of the counties of Kenosha, Milwaukee, Ozaukee, Racine, Walworth, Washington, and Waukesha.

AB100,604,17 8. Region 8, consisting of the counties of Grant, Green, Iowa, Lafayette, and Richland.

AB100,604,19 9. Region 9, consisting of the counties of Barron, Chippewa, Clark, Dunn, Eau Claire, Polk, and St. Croix.

AB100,604,24 (2) Levy limit. (a) Except as provided in subs. (3), (4), and (5), no municipality may increase its levy in any year by a percentage that exceeds the sum of the inflation factor and the municipal growth factor. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 60.85 (1) (L) or 66.1105 (2) (i).

AB100,605,3 (b) Except as provided in subs. (3), (4), and (5), no county may increase its levy in any year by a percentage that exceeds the sum of the inflation factor and the county growth factor.

AB100,605,9 (3) Exceptions. (a) If a political subdivision transfers to another governmental unit responsibility for providing any service that the political subdivision provided in the preceding year, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is decreased to reflect the cost that the political subdivision would have incurred to provide that service, as determined by the department of revenue.

AB100,605,15 (b) If a political subdivision increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit that provided the service in the preceding year, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is increased to reflect the cost of that service, as determined by the department of revenue.

AB100,605,23 (c) If a city or village annexes territory from a town, the city's or village's levy increase limit otherwise applicable under this section is increased in the current year by an amount equal to the city's or village's mill rate applied to the current assessed value of the annexed territory, and the levy increase limit otherwise applicable under this section in the current year for the town from which the territory is annexed is decreased by the town's mill rate applied to the assessed value of the annexed territory as of the last year that the territory was subject to taxation by the town, as determined by the department of revenue.

AB100,606,5 (d) The limit otherwise applicable under this section does not apply to amounts levied by a political subdivision 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 political subdivision, interest on outstanding obligations of the political subdivision, or the payment of related issuance costs or redemption premiums, secured by the full faith and credit of the political subdivision.

AB100,606,8 (e) The limit otherwise applicable under this section does not apply to the amount that a county levies in that year for a county children with disabilities education board.

AB100,606,10 (f) The limit otherwise applicable under this section does not apply to the amount that a 1st class city levies for school purposes.

AB100,606,14 (g) If in any year a political subdivision's distribution under s. 79.043 (5) is less than the political subdivision's distribution under s. 79.043 (5) in the previous year, the limit otherwise applicable under this section shall be increased to reflect the reduction in the distribution.

AB100,606,17 (4) Referendum exception. (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and the resolution is approved in a referendum.

AB100,606,24 (b) The resolution under par. (a) shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2). The political subdivision may either call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection or the referendum may be held at the next succeeding spring primary or election or September primary or general election, if such election is to be held not sooner than 42 days after the resolution is adopted.

AB100,607,3 (c) The clerk of the political subdivision shall publish type A, B, C, D, and E notices of the referendum under s. 10.01 (2). Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this paragraph.

AB100,607,12 (d) The referendum shall be held in accordance with chs. 5 to 12. The political subdivision shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and 7.08 (1) (a). The question shall be submitted as follows: "Under state law, the increase in the levy of the .... (name of political subdivision) for the tax to be imposed for the next fiscal year, .... (year), is limited to ....%, which results in a levy of $.... Shall the .... (name of political subdivision) be allowed to exceed this limit and increase the levy for the next fiscal year, .... (year), by a total of ....%, which results in a levy of $....?".

AB100,607,14 (e) Within 14 days after the referendum, the clerk of the political subdivision shall certify the results of the referendum to the department of revenue.

AB100,607,17 (f) The levy increase limit otherwise applicable to the political subdivision under sub. (2) is increased in the next fiscal year by the percentage approved by a majority of those voting on the question under par. (d).

AB100,607,24 (5) Exception, certain towns. A town with a population of less than 2,000 may exceed the levy increase limit otherwise applicable under this section to the town if the annual town meeting or a special town meeting adopts a resolution to that effect. The limit otherwise applicable to the town under sub. (2) is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. Within 14 days after the adoption of the resolution, the town clerk shall certify the results of the vote to the department of revenue.

AB100,608,3 (6) Reporting requirements. The department of revenue may promulgate rules relating to a political subdivision reporting its debt service levy and nondebt service levy to the department.

AB100,608,5 (7) Sunset. This section does not apply to a property tax levy that is imposed after December 2006.

AB100, s. 1252 Section 1252. 66.0615 (1m) (f) 2. of the statutes is amended to read:

AB100,608,11 66.0615 (1m) (f) 2. Sections 77.51 (12m), (14) (c), (f) and (j) and, (14g), (15a), and (15b), 77.52 (3), (3m), (4), (6) and (13), (14), (18), and (19), 77.522, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9) and, (12) to (14), and (15), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described under subd. 1.

AB100, s. 1253 Section 1253. 66.0902 of the statutes is created to read:

AB100,608,13 66.0902 False claims. (1) Definitions. In this section:

AB100,608,14 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

AB100,608,17 (b) "Public contract" means a contract for the construction, execution, repair, remodeling, or improvement of a public work or building or for the furnishing of supplies, equipment, material, or professional or contractual services of any kind.

AB100,608,23 (2) Presentation of false claims. Whoever knowingly presents or causes to be presented a false claim for payment under any public contract with a local governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the local governmental unit or would have been sustained by the local governmental unit, whichever is greater, as a result of the false claim.

AB100, s. 1254 Section 1254. 66.0903 (10) (a) of the statutes is amended to read:

AB100,609,10 66.0903 (10) (a) Each contractor, subcontractor , or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the contracting local governmental unit a certified record of the information specified in the preceding sentence for that preceding week.

AB100, s. 1255 Section 1255. 66.1017 (1) (a) of the statutes is amended to read:

AB100,609,14 66.1017 (1) (a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services under s. 48.65 workforce development under s. 49.98 where care is provided for not more than 8 children.

AB100, s. 1256 Section 1256. 66.1017 (2) of the statutes is amended to read: