20.866 (2) (uuz) of the statutes is created to read:
(uuz) Transportation; southeast Wisconsin freeway megaprojects
22subject to contingency
. From the capital improvement fund, a sum sufficient for the 23
department of transportation to fund southeast Wisconsin freeway megaprojects as 24
provided under s. 84.585. Subject to 2017 Wisconsin Act .... (this act), section 60 (1),
the state may contract public debt in an amount not to exceed $252,400,000 for these 2
30.12 (1g) (m) of the statutes is created to read:
(m) A structure or deposit that is related to the construction, access, 5
or operation of a new manufacturing facility in a navigable stream located in an 6
electronics and information technology manufacturing zone designated under s. 7
30.123 (6) (f) of the statutes is created to read:
(f) The construction or maintenance of bridges and the construction 10
or placement and maintenance of culverts that are related to the construction, 11
access, or operation of a new manufacturing facility and that affect a portion of a 12
navigable stream within an electronics and information technology manufacturing 13
zone designated under s. 238.396 (1m).
30.123 (6m) (intro.) of the statutes is amended to read:
30.123 (6m) Permits in lieu of exemptions.
(intro.) The department may 16
decide to require that a person engaged in an activity that is exempt under sub. (6) 17
(d) or (f)
apply for an individual permit or seek authorization under a general permit 18
if the department has conducted an investigation and visited the site of the activity 19
and has determined that conditions specific to the site require restrictions on the 20
activity in order to prevent any of the following:
30.19 (1m) (h) of the statutes is created to read:
(h) Any activity that affects a portion of a navigable stream and that 23
is related to the construction, access, or operation of a new manufacturing facility 24
within an electronics and information technology manufacturing zone designated 25
under s. 238.396 (1m).
30.195 (7) of the statutes is renumbered 30.195 (7) (intro.) and 2
amended to read:
30.195 (7) Application of section.
(intro.) This section does not apply to 4municipal any of the following:
or county-owned lands in counties having a population of 6
750,000 or more.
30.195 (7) (b) of the statutes is created to read:
(b) Activity related to the construction, access, or operation of a new 9
manufacturing facility located in an electronics and information technology 10
manufacturing zone designated under s. 238.396 (1m).
61.57 of the statutes is renumbered 61.57 (intro.) and amended 12
1361.57 Acquisition of recycling or resource recovery facilities without
(intro.) A village may contract for the acquisition of any element of a recycling
15or resource recovery facility the following
without submitting the contract for bids 16
as required under s. 61.54 if the village invites developers to submit proposals to 17
provide a completed project and evaluates proposals according to site, cost, design 18
and the developers' experience in other similar projects.
61.57 (1) and (2) of the statutes are created to read:
A recycling or resource recovery facility.
If the village contains an electronics and information technology 22
manufacturing zone that is designated under s. 238.396 (1m):
(a) Water and sewer systems.
(b) Wastewater treatment facilities.
62.155 of the statutes is renumbered 62.155 (intro.) and amended 2
362.155 Acquisition of recycling or resource recovery facilities without
(intro.) A city may contract for the acquisition of any element of a recycling
5or resource recovery facility the following
without submitting the contract for bids 6
as required under s. 62.15 if the city invites developers to submit proposals to provide 7
a completed project and evaluates proposals according to site, cost, design and the 8
developers' experience in other similar projects.
62.155 (1) and (2) of the statutes are created to read:
A recycling or resource recovery facility.
If the city contains an electronics and information technology 12
manufacturing zone that is designated under s. 238.396 (1m):
(a) Water and sewer systems.
(b) Wastewater treatment facilities.
66.0203 (2) (bm) of the statutes is created to read:
(bm) Once a petition is filed under par. (b), no territory within the 17
town may be annexed by any city or village under s. 66.0217 or 66.0219 until 30 days 18
after one of the following occurs:
1. Subject to subd. 2., the petition is dismissed by the court under sub. (8) or 20
the board under sub. (9).
2. If the petition is dismissed as described under subd. 1. and the dismissal is 22
appealed as described under s. 66.0209, all appeals are exhausted.
3. An incorporation referendum is held in the town.
66.0203 (10) of the statutes is created to read:
66.0203 (10) Certain towns may become a city or village.
A town that is 2
adjacent to a city or village that contains an electronics and information technology 3
manufacturing zone that is designated under s. 238.396 (1m) may become a city or 4
village if the town holds, and approves, an incorporation referendum as described in 5
s. 66.0211 (3). None of the other procedures contained in ss. 66.0201 to 66.0213 need 6
to be fulfilled, and no approval by the board under s. 66.0207 is necessary for the town 7
to become a city or village.
66.0215 (1m) of the statutes is created to read:
66.0215 (1m) Annexation limitation.
Once a petition is filed under sub. (1), 10
no territory within the town may be annexed by any city or village under s. 66.0217 11
or 66.0219 until 30 days after the referendum is held in the town.
66.02162 (1m) of the statutes is created to read:
66.02162 (1m) Annexation limitation.
Once a resolution is adopted under sub. 14
(1), no territory within the town may be annexed by any city or village under s. 15
66.0217 or 66.0219 until 30 days after the referendum is held in the town.
66.1105 (2) (f) 1. (intro.) of the statutes is amended to read:
(f) 1. (intro.) “Project costs" mean any expenditures made or 18
estimated to be made or monetary obligations incurred or estimated to be incurred 19
by the city which are listed in a project plan as costs of public works or improvements 20
within a tax incremental district or, to the extent provided in this subd. 1. (intro.) or 21
subds. 1. k., 1. m., and 1. n., or sub. (20) (c),
without the district, plus any incidental 22
costs, diminished by any income, special assessments, or other revenues, including 23
user fees or charges, other than tax increments, received or reasonably expected to 24
be received by the city in connection with the implementation of the plan. For any 25
tax incremental district for which a project plan is approved on or after July 31, 1981,
only a proportionate share of the costs permitted under this subdivision may be 2
included as project costs to the extent that they benefit the tax incremental district, 3
except that expenditures made or estimated to be made or monetary obligations 4
incurred or estimated to be incurred by a 1st class city, to fund parking facilities 5
ancillary to and within one mile from public entertainment facilities, including a 6
sports and entertainment arena, shall be considered to benefit any tax incremental 7
district located in whole or in part within a one-mile radius of such parking facilities. 8
To the extent the costs benefit the municipality outside the tax incremental district, 9
a proportionate share of the cost is not a project cost. “Project costs" include:
66.1105 (4) (gm) 4. c. of the statutes is amended to read:
(gm) 4. c. Except as provided in subs. (10) (c), (16) (d), (17), and
(c) 3., and (20) (b),
the equalized value of taxable property of the district plus the 13
value increment of all existing districts does not exceed 12 percent of the total 14
equalized value of taxable property within the city. In determining the equalized 15
value of taxable property under this subd. 4. c. or sub. (17) (c), the department of 16
revenue shall base its calculations on the most recent equalized value of taxable 17
property of the district that is reported under s. 70.57 (1m) before the date on which 18
the resolution under this paragraph is adopted. If the department of revenue 19
determines that a local legislative body exceeds the 12 percent limit described in this 20
subd. 4. c. or sub. (17) (c), the department shall notify the city of its noncompliance, 21
in writing, not later than December 31 of the year in which the department receives 22
the completed application or amendment forms described in sub. (5) (b).
66.1105 (20) of the statutes is created to read:
66.1105 (20) Districts within an electronics and information technology
. With regard to a tax incremental district that
is created in an electronics and information technology manufacturing zone that is 2
designated under s. 238.396 (1m),
the district may only be a district that is suitable 3
for industrial sites or mixed-use development, as described in sub. (4) (gm) 4. a., and
all of the following apply:
1. Notwithstanding the dates specified in sub. (4) (gm) 2., if the resolution 6
described under sub. (4) (gm) is adopted during the period between January 1 and 7
December 1, the creation date shall be either the January 1 of the year in which the 8
resolution is adopted or the next subsequent January 1, as specified by the local 9
legislative body in the resolution. If a resolution is adopted during the period 10
between December 2 and December 31, the creation date shall be the next 11
subsequent January 1.
2. Notwithstanding the October 31 deadline for the city clerk's submission of 13
the forms described in sub. (5) (b), the city clerk shall complete and submit the 14
required forms for a tax incremental district described in this subsection either:
a. On or before December 31 of the year the resolution under subd. 1. is adopted 16
if the resolution is adopted between January 1 and December 1, and the resolution 17
specifies that the district's creation date is January 1 of the year in which the 18
resolution is adopted.
b. On or after the next subsequent April 1 and before the next subsequent 20
December 1 of the year the resolution under subd. 1. is adopted if the resolution is 21
adopted between January 1 and December 1 and the resolution specifies that the 22
district's creation date is the next subsequent January 1 or the resolution is adopted 23
between December 2 and December 31.
(b) Exception to the 12 percent limit
. Notwithstanding the 12 percent limit 25
findings requirement described under sub. (4) (gm) 4. c.:
1. That findings requirement does not apply to a local legislative body's 2
resolution which relates to a district described under this subsection.
2. After a local legislative body's creation of a district described under this 4
subsection, if that body makes the calculation under sub. (4) (gm) 4. c. for a tax 5
incremental district created under this section but not under this subsection, that 6
findings requirement may not include the value increment of the district created 7
under this subsection, provided that the district created under this subsection has 8
With regard to a tax incremental district described under this 10
subsection, and subject to par. (ce), the creating city may incur project costs for any 11
of the following, provided that the expenditures benefit the district:
1. Territory that is located in the same county as the district.
2. Notwithstanding the provisions of sub. (2) (f) 2. a. and c., the cost of 14
constructing or expanding fire stations, purchasing police and fire equipment, and 15
the cost of general government operating expenses, provided that the total of such 16
expenditures do not exceed, over the district's lifetime, 15 percent of the total positive 17
tax increments received by the creating city over the district's lifetime. With regard 18
to capital expenditures that may be made under this subdivision, such expenditures 19
may be made only for the first 84 months following the district's creation, and any 20
expenditures made under this subdivision for constructing or expanding fire stations 21
may be made only for fire stations located within a one-mile radius of the electronics 22
and information technology manufacturing zone that is designated under s. 238.396 23
. Before the creating city may incur project costs for any 25
territory that is located outside the district but in the same county as the district, the
city must obtain certification from the department of administration that the 2
department believes such a proposed expenditure benefits the district.
(cm) Expenditure period
. Notwithstanding the limitation on expenditures 4
described in sub. (6) (am) 1., expenditures for a district described under this 5
subsection may be made up to the unextended termination date described in par. (e).
(d) Allocation of positive increments.
Notwithstanding the 20-year limit for 7
allocating positive tax increments described in sub. (6) (a) 7., for a tax incremental 8
district described under this subsection, that limit shall be 30 years for purposes of 9
sub. (6) (a) 7.
. Notwithstanding the 20-year termination requirement 11
specified in sub. (7) (am) 2., for a tax incremental district described under this 12
subsection, that limit shall be 30 years for purposes of sub. (7) (am) 2.
67.05 (10) of the statutes is amended to read:
67.05 (10) Direct, annual, irrepealable tax. The Except as provided in sub.
governing body of every municipality proceeding under this chapter shall, 16
at the time of or after the adoption of an initial resolution in compliance with sub. 17
(1) or (2), or, after the approval of the resolution by popular vote when such approval 18
is required, and before issuing any of the contemplated bonds, levy by recorded 19
resolution a direct, annual tax sufficient in amount to pay and for the express 20
purpose of paying the interest on such bonds as it falls due, and also to pay and 21
discharge the principal thereof at maturity. The municipality shall be and continue 22
without power to repeal such levy or obstruct the collection of the tax until all such 23
payments have been made or provided for. After the issue of the bonds, the tax shall 24
be from year to year carried into the tax roll of the municipality and collected as other 25
taxes are collected, provided that the amount of tax carried into the tax roll may be
reduced in any year by the amount of any surplus money in the debt service fund 2
created under s. 67.11, and provided further that the municipality issuing the bonds 3
may make an appropriation in advance of the authorization of the bonds to provide 4
funds for any payment coming due on the bonds prior to the first collection of taxes 5
levied for that payment. The amount of the appropriation shall be based on 6
estimates of the amount of bonds to be sold and the rate of interest the bonds will 7
bear. The appropriation shall not be used for any purpose other than that for which 8
appropriated and any surplus in the appropriation shall be transferred to the 9
general fund of the municipality. The municipality is not required to levy a tax equal 10
to the amount of that appropriation.
67.05 (10m) of the statutes is created to read:
67.05 (10m) Counties may issue sales tax revenue bonds.
A county in which 13
an electronics and information technology manufacturing zone that is designated 14
under s. 238.396 (1m) exists may issue bonds under this chapter whose principal and 15
interest are paid only through sales and use tax revenues imposed by the county 16
under s. 77.70. The county shall be and continue without power to repeal such tax 17
or obstruct the collection of the tax until all such payments have been made or 18
71.05 (6) (a) 15. of the statutes is amended to read:
(a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the 21
credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3p), (3q), (3r), 22
(3rm), (3rn), (3s), (3t), (3w), (3wm),
(3y), (4k), (4n), (5e), (5f), (5h), (5i), (5j), (5k), (5r), 23
(5rm), (6n), and (8r) and not passed through by a partnership, limited liability 24
company, or tax-option corporation that has added that amount to the partnership's, 25
company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).
71.07 (3w) (bm) 5. of the statutes is created to read:
(bm) 5. In addition to the credits under par. (b) and subds. 1. to 4., 3
and subject to the limitations provided in this subsection and s. 238.399 or s. 560.799, 4
2009 stats., a claimant that has retained the minimum number of full-time 5
employees determined under s. 238.399 (5) (f) and maintained average zone payroll 6
for the taxable year equal to or greater than the base year may claim as a credit 7
against the tax imposed under s. 71.02 or 71.08 an amount equal to the percentage, 8
as determined by the Wisconsin Economic Development Corporation, of the 9
claimant's zone payroll paid in the 12 months prior to the certification date to the 10
claimant's full-time employees in the enterprise zone whose annual wages are 11
greater than the amount determined by multiplying 2,080 by 150 percent of the 12
federal minimum wage in a tier I county or municipality or greater than $30,000 in 13
a tier II county or municipality. The amount that the claimant may claim as credit 14
under this subdivision for a taxable year shall not exceed $2,000,000. A claimant 15
may claim a credit under this subdivision for no more than 5 consecutive taxable 16
71.07 (3wm) of the statutes is created to read:
71.07 (3wm) Electronics and information technology manufacturing zone
. In this subsection:
1. “Claimant" means a person who is certified to claim tax benefits under s. 21
238.396 (3) and who files a claim under this subsection.
2. “Full-time employee” means an individual who is employed in a job for which 23
the annual pay is at least $30,000 and who is offered retirement, health, and other 24
benefits that are equivalent to the retirement, health, and other benefits offered to 25
an individual who is required to work at least 2,080 hours per year.
3. “State payroll" means the amount of payroll apportioned to this state, as 2
determined under s. 71.25 (8).
6. “Wages" means wages under section 3306
(b) of the Internal Revenue Code, 4
determined without regard to any dollar limitations.
7. “Zone” means a zone designated under s. 238.396 (1m).
8. “Zone payroll" means the amount of state payroll that is attributable to 7
wages paid by the claimant to full-time employees for services that are performed 8
in the zone or that are performed outside the zone, but within the state, and for the 9
benefit of the operations within the zone, as determined by the Wisconsin Economic 10
Development Corporation. “Zone payroll" does not include the amount of wages paid 11
to any full-time employees that exceeds $100,000.
(b) Filing claims; payroll.
Subject to the limitations provided in this subsection 13
and s. 238.396, a claimant may claim as a credit against the tax imposed under s. 14
71.02 or 71.08 an amount calculated as follows:
1. Determine the zone payroll for the taxable year for full-time employees 16
employed by the claimant.
2. Multiply the amount determined under subd. 1. by 17 percent.
(bm) Filing supplemental claims
. In addition to claiming the credit under par. 19
(b), and subject to the limitations under this subsection and s. 238.396, a claimant 20
may claim as a credit against the tax imposed under s. 71.02 or 71.08 up to 15 percent 21
of the claimant's significant capital expenditures in the zone in the taxable year, as 22
determined under s. 238.396 (3m).
. 1. Partnerships, limited liability companies, and tax-option 24
corporations may not claim the credit under this subsection, but the eligibility for, 25
and the amount of, the credit are based on their payment of amounts described under
pars. (b) and (bm). A partnership, limited liability company, or tax-option 2
corporation shall compute the amount of credit that each of its partners, members, 3
or shareholders may claim and shall provide that information to each of them. 4
Partners, members of limited liability companies, and shareholders of tax-option 5
corporations may claim the credit in proportion to their ownership interests.
2. No credit may be allowed under this subsection unless the claimant includes 7
with the claimant's return a copy of the claimant's certification for tax benefits under 8
s. 238.396 (3).
. 1. Section 71.28 (4) (g) and (h), as it applies to the credit 10
under s. 71.28 (4), applies to the credit under this subsection.
2. If the allowable amount of the claim under this subsection exceeds the taxes 12
otherwise due on the claimant's income under s. 71.02, the amount of the claim that 13
is not used to offset those taxes shall be certified by the department of revenue to the 14
department of administration for payment by check, share draft, or other draft 15
drawn from the appropriation under s. 20.835 (2) (cp). Notwithstanding s. 71.82, no 16
interest shall be paid on amounts certified under this subdivision.
71.08 (1) (intro.) of the statutes is amended to read:
71.08 (1) Imposition.
(intro.) If the tax imposed on a natural person, married 19
couple filing jointly, trust, or estate under s. 71.02, not considering the credits under 20
ss. 71.07 (1), (2dx), (2dy), (3m), (3n), (3p), (3q), (3r), (3rm), (3rn), (3s), (3t), (3w), 21(3wm),
(3y), (4k), (5b), (5d), (5e), (5f), (5h), (5i), (5j), (5n), (6), (6e), (8r), (9e), (9m), and 22
(9r), 71.28 (1dx), (1dy), (2m), (3), (3n), (3t), (3w), (3wm),
and (3y), 71.47 (1dx), (1dy), 23
(2m), (3), (3n), (3t), (3w), and (3y), 71.57 to 71.61, and 71.613 and subch. VIII and 24
payments to other states under s. 71.07 (7), is less than the tax under this section,
there is imposed on that natural person, married couple filing jointly, trust or estate, 2
instead of the tax under s. 71.02, an alternative minimum tax computed as follows:
71.10 (4) (i) of the statutes is amended to read:
(i) The total of claim of right credit under s. 71.07 (1), farmland 5
preservation credit under ss. 71.57 to 71.61, farmland preservation credit, 2010 and 6
beyond under s. 71.613, homestead credit under subch. VIII, farmland tax relief 7
credit under s. 71.07 (3m), dairy manufacturing facility investment credit under s. 8
71.07 (3p), jobs tax credit under s. 71.07 (3q), meat processing facility investment 9
credit under s. 71.07 (3r), woody biomass harvesting and processing credit under s. 10
71.07 (3rm), food processing plant and food warehouse investment credit under s. 11
71.07 (3rn), business development credit under s. 71.07 (3y), film production services 12
credit under s. 71.07 (5f), film production company investment credit under s. 71.07 13
(5h), veterans and surviving spouses property tax credit under s. 71.07 (6e), 14
enterprise zone jobs credit under s. 71.07 (3w), electronics and information
15technology manufacturing zone credit under s. 71.07 (3wm),
beginning farmer and 16
farm asset owner tax credit under s. 71.07 (8r), earned income tax credit under s. 17
71.07 (9e), estimated tax payments under s. 71.09, and taxes withheld under subch. 18
71.21 (4) (a) of the statutes is amended to read: