Amendment ASA1-SB40

SB40-ASA1, s. 2201 Section 2201. 79.052 of the statutes is created to read:

SB40-ASA1,1184,20 79.052 County levy restraint program. (1) Definitions. In this section:

SB40-ASA1,1184,24 (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).

SB40-ASA1,1185,3 (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.

SB40-ASA1,1185,6 (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.

SB40-ASA1,1185,10 (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.

SB40-ASA1,1185,14 (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.

SB40-ASA1,1185,18 (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.

SB40-ASA1,1185,21 (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.

SB40-ASA1,1185,24 (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.

SB40-ASA1,1186,2 (4) Payments. (a) Beginning in 2009, each county that is eligible under sub. (2) shall receive a payment calculated by the department of revenue as follows:

SB40-ASA1,1186,3 1. Determine the county tax levy for the county.

SB40-ASA1,1186,5 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).

SB40-ASA1,1186,6 3. Multiply the amount determined under subd. 2. by $25,000,000.

SB40-ASA1,1186,8 (b) Beginning in 2009, each county that is eligible under sub. (2) shall receive an additional payment calculated by the department of revenue as follows:

SB40-ASA1,1186,10 1. Subtract the county tax levy, as determined under par. (a) 1., from the county's maximum allowable levy.

SB40-ASA1,1186,12 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).

SB40-ASA1,1186,13 3. Multiply the amount determined under subd. 2. by $10,000,000.

SB40-ASA1,1186,15 (5) Adjustments. For purposes of determining eligibility for and the amount of the payments under this section:

SB40-ASA1,1186,19 (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.

SB40-ASA1,1186,23 (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.

SB40-ASA1,1187,3 (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.

SB40-ASA1,1187,9 (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.

SB40-ASA1, s. 2202 Section 2202. 79.10 (1m) (b) of the statutes is amended to read:

SB40-ASA1,1187,13 79.10 (1m) (b) Counties and municipalities shall submit to the department of revenue all data related to the lottery and gaming credit and the first dollar credit as requested by the department of revenue.

SB40-ASA1, s. 2203 Section 2203. 79.10 (2) of the statutes is renumbered 79.10 (2) (a) and amended to read:

SB40-ASA1,1187,23 79.10 (2) (a) Notice to municipalities. On or before December 1 of the year preceding the distribution under sub. (7m) (a), 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) (c), 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) 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.

SB40-ASA1, s. 2204 Section 2204. 79.10 (2) (b) of the statutes is created to read:

SB40-ASA1,1188,7 79.10 (2) (b) On or before December 1 of the year preceding the distribution under sub. (7m) (c), 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) (d), used to calculate the first dollar credit under sub. (5m) and of the amount to be distributed to it under sub. (7m) (c) 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.

SB40-ASA1, s. 2205 Section 2205. 79.10 (4) of the statutes is amended to read:

SB40-ASA1,1188,11 79.10 (4) School levy tax credit. The Except as provided in sub. (5m), the amount appropriated under s. 20.835 (3) (b) shall be distributed to municipalities in proportion to their share of the sum of average school tax levies for all municipalities.

SB40-ASA1, s. 2206 Section 2206. 79.10 (5) of the statutes is amended to read:

SB40-ASA1,1188,18 79.10 (5) Lottery and gaming credit. Each municipality shall receive, from the appropriation under s. 20.835 (3) (q), an amount determined by multiplying the school tax rate by the estimated fair market value, not exceeding the value determined under sub. (11) (c), of every principal dwelling that is located in the municipality and for which a claim for the credit under sub. (9) (bm) is made by the owner of the principal dwelling.

SB40-ASA1, s. 2207 Section 2207. 79.10 (5m) of the statutes is created to read:

SB40-ASA1,1188,24 79.10 (5m) First dollar credit. Each municipality shall receive, from the appropriation under s. 20.835 (3) (b), an amount determined by multiplying the school tax rate by the estimated fair market value, not exceeding the value determined under sub. (11) (d), of every parcel of real property with improvements that is located in the municipality.

SB40-ASA1, s. 2208 Section 2208. 79.10 (6m) (a) of the statutes is amended to read:

SB40-ASA1,1189,14 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) and, (5), and (5m) 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) and, (5), and (5m), 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) and, (5), and (5m), 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) and, (5), and (5m), 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.

SB40-ASA1, s. 2209 Section 2209. 79.10 (7m) (c) of the statutes is created to read:

SB40-ASA1,1189,18 79.10 (7m) (c) First dollar credit. 1. The amount determined under sub. (5m) shall be distributed from the appropriation under s. 20.835 (3) (b) by the department of administration on the 4th Monday in July.

SB40-ASA1,1189,24 2. The town, village, or city treasurer shall settle for the amounts distributed on the 4th Monday in July under this paragraph 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.

SB40-ASA1, s. 2210 Section 2210. 79.10 (9) (bn) of the statutes is created to read:

SB40-ASA1,1190,5 79.10 (9) (bn) First dollar credit. Except as provided in ss. 79.175 and 79.18, and subject to s. 79.15, the first dollar credit shall be allocated to every parcel of real estate on which improvements are located in an amount determined by multiplying the estimated fair market value of the property, not exceeding the value determined under sub. (11) (d), by the school tax rate.

SB40-ASA1, s. 2211 Section 2211. 79.10 (9) (c) 3. of the statutes is created to read:

SB40-ASA1,1190,8 79.10 (9) (c) 3. The credit under par. (bn) shall reduce the property taxes otherwise payable.

SB40-ASA1, s. 2212 Section 2212. 79.10 (11) (d) of the statutes is created to read:

SB40-ASA1,1190,12 79.10 (11) (d) Before December 1, the department of revenue shall calculate, to the nearest $100, the estimated fair market value necessary to distribute the total amount available for distribution under s. 79.15.

SB40-ASA1, s. 2213 Section 2213. 79.14 of the statutes is amended to read:

SB40-ASA1,1190,17 79.14 School levy tax credit. The appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; and $593,050,000 in each year thereafter.

SB40-ASA1, s. 2214 Section 2214. 79.15 of the statutes is created to read:

SB40-ASA1,1190,21 79.15 Improvements credit. Beginning in 2009, the total amount paid each year to municipalities from the appropriation account under s. 20.835 (3) (b) for the payments under s. 79.10 (5m) is $100,000,000.

SB40-ASA1, s. 2215 Section 2215. 84.014 (5m) (a) of the statutes is renumbered 84.014 (5m) (am).

SB40-ASA1, s. 2216 Section 2216. 84.014 (5m) (ag) of the statutes is created to read:

SB40-ASA1,1190,24 84.014 (5m) (ag) In this subsection:

SB40-ASA1,1191,8 1. "I 94 north-south corridor" means the Mitchell interchange of I 43, I 94, and I 894 in Milwaukee County, I 94 from the Illinois-Wisconsin state line in Kenosha County proceeding northerly through the Mitchell interchange to Howard Avenue in Milwaukee County, I 43/894 from the Mitchell interchange proceeding westerly to 35th Street in Milwaukee County, the STH 119 Airport Spur Parkway between I 94 and General Mitchell International Airport in Milwaukee County, and all freeways, roadways, shoulders, interchange ramps, frontage roads, and collector road systems adjacent or related to these routes or interchanges.

SB40-ASA1,1191,14 2. "Zoo interchange" means all freeways, including related interchange ramps, roadways, and shoulders, and all adjacent frontage roads and collector road systems, encompassing I 94, I 894, and USH 45 in Milwaukee County within the area bordered by I 894/USH 45 at the Union Pacific railroad underpass near Burnham Street in Milwaukee County to the south, I 94 at 76th Street to the east, I 94 at 116th Street to the west, and USH 45 at Center Street to the north.

SB40-ASA1, s. 2217 Section 2217. 84.014 (5m) (b) 1. of the statutes is repealed.

SB40-ASA1, s. 2218 Section 2218. 84.014 (5m) (b) 2. and 3. of the statutes are created to read:

SB40-ASA1,1191,17 84.014 (5m) (b) 2. Reconstruction of the Zoo interchange.

SB40-ASA1,1191,18 3. Reconstruction of the I 94 north-south corridor.

SB40-ASA1, s. 2528m Section 2528m. 84.02 (15) of the statutes is created to read:

SB40-ASA1,1192,2 84.02 (15) USH 51 reconstruction project in Dane County. The department shall commence, in the 2007-08 fiscal year, the preparation of an environmental impact statement or environmental assessment, as applicable, for the USH 51 north segment reconstruction project in Dane County, which includes expanding USH 51 to a 4-lane divided highway from the intersection of USH 51 and Reardon Road to just north of the intersection of USH 51 and CTH "V"/Grinde Road in the village of DeForest. The department shall commence construction of this project no later than December 31, 2012.

SB40-ASA1, s. 2219 Section 2219. 84.09 (1) of the statutes is amended to read:

SB40-ASA1,1193,8 84.09 (1) The department may acquire by gift, devise, purchase or condemnation any lands for establishing, laying out, widening, enlarging, extending, constructing, reconstructing, improving and maintaining highways and other transportation related facilities, or interests in lands in and about and along and leading to any or all of the same; and after establishment, layout and completion of such improvements, the department may convey such lands thus acquired and not necessary for such improvements, with reservations concerning the future use and occupation of such lands so as to protect such public works and improvements and their environs and to preserve the view, appearance, light, air and usefulness of such public works. Whenever the department deems it necessary to acquire any such lands or interests therein for any transportation related purpose, it shall so order and in such order or on a map or plat show the old and new locations and the lands and interests required, and shall file a copy of the order and map with the county clerk and county highway committee of each county in which such lands or interests are required or, in lieu of filing a copy of the order and map, may file or record a plat in accordance with s. 84.095. For the purposes of this section the department may acquire private or public lands or interests in such lands. When so provided in the department's order, such land shall be acquired in fee simple. Unless it elects to proceed under sub. (3), the department shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required at a price, including any damages, deemed reasonable by the department. The instrument of conveyance shall name the state as grantee and shall be recorded in the office of the register of deeds. The purchase or acquisition of lands or interests therein under this section is excepted and exempt from s. 20.914 (1). The department may purchase or accept donations of remnants of tracts or parcels of land existing at the time or after it has acquired portions of such tracts or parcels by purchase or condemnation for transportation purposes where in the judgment of the department such action would assist in making whole the landowner, a part of whose lands have been taken for transportation purposes and would serve to minimize the overall costs of such taking by the public. This subsection does not apply to lands that are sold under s. 16.848.

SB40-ASA1, s. 2532m Section 2532m. 84.1023 of the statutes is created to read:

SB40-ASA1,1193,14 84.1023 Donald J. Schneider Highway. The department shall designate and mark the route of USH 8 between USH 53 and the city of Turtle Lake in Barron County as the "Donald J. Schneider Highway" in recognition of former Wisconsin Senate Chief Clerk Donald J. Schneider for his many years of service to the senate and the people of Wisconsin.

SB40-ASA1, s. 2220 Section 2220. 84.185 (1) (ce) of the statutes is amended to read:

SB40-ASA1,1193,16 84.185 (1) (ce) "Job" has the meaning specified in s. 560.60 (10) 560.17 (1) (bm).

SB40-ASA1, s. 2221 Section 2221. 84.185 (1) (cm) of the statutes is amended to read:

SB40-ASA1,1193,19 84.185 (1) (cm) "Political subdivision" has the meaning specified in s. 560.60 (13) means a county, city, town, or village.

SB40-ASA1, s. 2222 Section 2222. 84.28 (1) of the statutes is amended to read:

SB40-ASA1,1194,12 84.28 (1) Moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located within the boundaries of any state park, state forest or other property under the jurisdiction of the department of natural resources. Moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of a town or county highway located in the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15). Outside the lower Lower Wisconsin state riverway State Riverway as defined in s. 30.40 (15), or outside the boundaries of these parks, forests or property, moneys from the appropriation under s. 20.370 (7) (mc) (mr) may be expended for the renovation, marking and maintenance of roads which the department of natural resources certifies are utilized by a substantial number of visitors to state parks, state forests or other property under the jurisdiction of the department of natural resources. The department of natural resources shall authorize expenditures under this subsection. The department of natural resources shall rank projects eligible for assistance under a priority system and funding may be restricted to those projects with highest priority.

SB40-ASA1, s. 2223 Section 2223. 84.555 (1m) (a) of the statutes is amended to read:

SB40-ASA1,1194,20 84.555 (1m) (a) Notwithstanding sub. (1) and ss. 84.51 and 84.59, the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) are allocated for expenditure obligations under s. 84.95 and s. 84.014 and the proceeds of general obligation bonds issued under s. 20.866 (2) (uup) may be used to fund expenditure obligations for the Marquette interchange reconstruction project under s. 84.014 and for the reconstruction of the I 94 north-south corridor, as defined in s. 84.014 (5m) (ag) 1.

SB40-ASA1, s. 2224 Section 2224. 84.59 (2) (b) of the statutes is amended to read:

SB40-ASA1,1195,12 84.59 (2) (b) The department may, under s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), (4), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.30 (3), 341.305 (3), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r) , and from any payments received with respect to agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in s. 18.52 (7), issued for special fund programs, as defined in s. 18.52 (8).

SB40-ASA1, s. 2225 Section 2225. 84.59 (6) of the statutes is amended to read:

SB40-ASA1,1196,3 84.59 (6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $2,324,377,900 $2,708,341,000, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under s. 84.01 (28) and major highway projects for the purposes under ss. 84.06 and 84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section, to make payments under agreements or ancillary arrangements entered into under s. 18.55 (6) with respect to revenue obligations issued under this section, and to pay expenses associated with revenue obligations contracted under this section.

SB40-ASA1, s. 2226 Section 2226. 85.029 of the statutes is created to read:

SB40-ASA1,1196,5 85.029 Safe routes to school program. (1) In this section:

SB40-ASA1,1196,6 (a) "Local governmental unit" has the meaning given in s. 59.72 (1) (c).

SB40-ASA1,1196,7 (b) "Political subdivision" has the meaning given in s. 85.026 (1) (a).

SB40-ASA1,1196,8 (c) "State agency" has the meaning given in s. 20.001 (1).

SB40-ASA1,1196,9 (d) "Indian tribe" has the meaning given in s. 139.30 (5).

SB40-ASA1,1196,12 (2) The department may administer a safe routes to school program to award grants of assistance as provided in subs. (3) and (4). The department may award to the same recipient grants under both subs. (3) and (4).

SB40-ASA1,1196,15 (3) The department may award grants under this section to any political subdivision or state agency for infrastructure-related projects, as described in P.L. 109-59, section 1404 (f) (1).

SB40-ASA1,1196,18 (4) The department may award grants under this section to any state agency, county, local governmental unit, Indian tribe, or private nonprofit organization for noninfrastructure-related activities, as described in P.L. 109-59, section 1404 (f) (2).

SB40-ASA1,1196,21 (5) If the department establishes a program under this section, the program shall be consistent with P.L. 109-59, section 1404, and any regulation adopted under P.L. 109-59, section 1404.

SB40-ASA1,1196,23 (6) The department shall award any grant under this section from the appropriations under s. 20.395 (2) (qv) and (qx).

SB40-ASA1, s. 2227 Section 2227. 85.037 of the statutes is amended to read: