AB245,146
23Section 146
. 71.28 (5n) (a) 5. d. of the statutes is repealed.
AB245,147
24Section 147
. 71.28 (5n) (a) 9. (intro.) of the statutes is amended to read:
AB245,76,2
171.28
(5n) (a) 9. (intro.) “Qualified production property" means
either any of
2the following:
AB245,148
3Section 148
. 71.28 (5n) (a) 9. a. of the statutes is amended to read:
AB245,76,104
71.28
(5n) (a) 9. a. Tangible personal property manufactured in whole or in part
5by the claimant on property that is
located in this state and assessed as
6manufacturing property under s. 70.995.
Tangible personal property manufactured
7in this state may only be qualified production property if it is manufactured on
8property approved to be classified as manufacturing real property for purposes of s.
970.995, even if it is not eligible to be listed on the department's manufacturing roll
10until January 1 of the following year.
AB245,149
11Section 149
. 71.28 (5n) (a) 9. c. of the statutes is created to read:
AB245,76,2112
71.28
(5n) (a) 9. c. Tangible personal property manufactured in whole or in part
13by the claimant with an establishment that is located in this state and classified as
14manufacturing under s. 70.995 (5n). A person wishing to classify the person's
15establishment as manufacturing under this subd. 9. c. shall file an application in the
16form and manner prescribed by the department no later than July 1 of the taxable
17year for which the person wishes to claim the credit under this subsection, pursuant
18to s. 70.995 (5n). The department shall make a determination and provide written
19notice by December 31 of the year in which the application is filed. A determination
20on the classification under this subd. 9. c. may be appealed as provided under s.
2170.995 (5n).
AB245,150
22Section
150. 71.28 (5n) (d) 2. of the statutes is amended to read:
AB245,77,623
71.28
(5n) (d) 2. Except as provided in subd. 3., for purposes of determining a
24claimant's eligible qualified production activities income under this subsection, the
25claimant shall multiply the claimant's qualified production activities income from
1property manufactured by the claimant by the manufacturing property factor and
2qualified production activities income from property produced, grown, or extracted
3by the claimant by the agriculture property factor.
This subdivision does not apply
4if the claimant's entire qualified production activities income results from the sale
5of tangible personal property that was manufactured, produced, grown, or extracted
6wholly in this state by the claimant.
AB245,151
7Section
151. 71.52 (7) of the statutes is amended to read:
AB245,79,58
71.52
(7) “Property taxes accrued" means real
or personal property taxes or
9monthly municipal permit fees under s. 66.0435 (3) (c), exclusive of special
10assessments, delinquent interest and charges for service, levied on a homestead
11owned by the claimant or a member of the claimant's household. “Real
or personal 12property taxes" means those levied under ch. 70, less the tax credit, if any, afforded
13in respect of such property by s. 79.10. If a homestead is owned by 2 or more persons
14or entities as joint tenants or tenants in common or is owned as marital property or
15survivorship marital property and one or more such persons, entities or owners is not
16a member of the claimant's household, property taxes accrued is that part of property
17taxes accrued levied on such homestead, reduced by the tax credit under s. 79.10,
18that reflects the ownership percentage of the claimant and the claimant's household,
19except that if a homestead is owned by 2 or more natural persons or if 2 or more
20natural persons have an interest in a homestead, one or more of whom is not a
21member of the claimant's household, and the claimant has a present interest, as that
22term is used in s. 700.03 (1), in the homestead and is required by the terms of a will
23that transferred the homestead or interest in the homestead to the claimant to pay
24the entire amount of property taxes levied on the homestead, property taxes accrued
25is property taxes accrued levied on such homestead, reduced by the tax credit under
1s. 79.10. A marital property agreement or unilateral statement under ch. 766 has
2no effect in computing property taxes accrued for a person whose homestead is not
3the same as the homestead of that person's spouse. For purposes of this subsection,
4property taxes are “levied" when the tax roll is delivered to the local treasurer for
5collection. If a homestead is sold or purchased during the calendar year of the levy,
6the property taxes accrued for the seller and the buyer are the amount of the tax levy
7prorated to each in proportion to the periods of time each both owned and occupied
8the homestead during the year to which the claim relates. The seller may use the
9closing agreement pertaining to the sale of the homestead, the property tax bill for
10the year before the year to which the claim relates or the property tax bill for the year
11to which the claim relates as the basis for computing property taxes accrued, but
12those taxes are allowable only for the portion of the year during which the seller
13owned and occupied the sold homestead. If a household owns and occupies 2 or more
14homesteads in the same calendar year, property taxes accrued is the sum of the
15prorated property taxes accrued attributable to the household for each of such
16homesteads. If the household owns and occupies the homestead for part of the
17calendar year and rents a homestead for part of the calendar year, it may include both
18the proration of taxes on the homestead owned and rent constituting property taxes
19accrued with respect to the months the homestead is rented in computing the amount
20of the claim under s. 71.54 (1). If a homestead is an integral part of a multipurpose
21or multidwelling building, property taxes accrued are the percentage of the property
22taxes accrued on that part of the multipurpose or multidwelling building occupied
23by the household as a principal residence plus that same percentage of the property
24taxes accrued on the land surrounding it, not exceeding one acre, that is reasonably
25necessary for use of the multipurpose or multidwelling building as a principal
1residence, except as the limitations of s. 71.54 (2) (b) apply. If the homestead is part
2of a farm, property taxes accrued are the property taxes accrued on up to 120 acres
3of the land contiguous to the claimant's principal residence and include the property
4taxes accrued on all improvements to real property located on such land, except as
5the limitations of s. 71.54 (2) (b) apply.
AB245,152
6Section
152. 73.01 (5) (a) of the statutes is amended to read:
AB245,80,167
73.01
(5) (a) Any person who is aggrieved by a determination of the state board
8of assessors under s. 70.995
(5n) or (8) or who has filed a petition for redetermination
9with the department of revenue and who is aggrieved by the redetermination of the
10department of revenue may, within 60 days of the determination of the state board
11of assessors or of the department of revenue or, in all other cases, within 60 days after
12the redetermination but not thereafter, file with the clerk of the commission a
13petition for review of the action of the department of revenue and the number of
14copies of the petition required by rule adopted by the commission. Any person who
15is aggrieved by a determination of the department of transportation under s. 341.405
16or 341.45 may, within 30 days after the determination of the department of
17transportation, file with the clerk of the commission a petition for review of the action
18of the department of transportation and the number of copies of the petition required
19by rule adopted by the commission. If a municipality appeals, its appeal shall set
20forth that the appeal has been authorized by an order or resolution of its governing
21body and the appeal shall be verified by a member of that governing body as
22pleadings in courts of record are verified. The clerk of the commission shall transmit
23one copy to the department of revenue, or to the department of transportation, and
24to each party. In the case of appeals from manufacturing property assessments, the
25person assessed shall be a party to a proceeding initiated by a municipality. At the
1time of filing the petition, the petitioner shall pay to the commission a $25 filing fee.
2The commission shall deposit the fee in the general fund. Within 30 days after such
3transmission the department of revenue, except for petitions objecting to
4manufacturing property assessments, or the department of transportation, shall file
5with the clerk of the commission an original and the number of copies of an answer
6to the petition required by rule adopted by the commission and shall serve one copy
7on the petitioner or the petitioner's attorney or agent. Within 30 days after service
8of the answer, the petitioner may file and serve a reply in the same manner as the
9petition is filed. Any person entitled to be heard by the commission under s. 76.38
10(12) (a), 1993 stats., or s. 76.39 (4) (c) or 76.48 may file a petition with the commission
11within the time and in the manner provided for the filing of petitions in income or
12franchise tax cases. Such papers may be served as a circuit court summons is served
13or by certified mail. For the purposes of this subsection, a petition for review is
14considered timely filed if mailed by certified mail in a properly addressed envelope,
15with postage duly prepaid, which envelope is postmarked before midnight of the last
16day for filing.
AB245,153
17Section
153. 73.03 (77) of the statutes is created to read:
AB245,80,2018
73.03
(77) To annually produce a comparative local government spending
19report from information received under s. 73.10 and to create and maintain a web
20page on its Internet site to display the information contained in the report.
AB245,154
21Section 154
. 76.02 (1) of the statutes is amended to read:
AB245,81,222
76.02
(1) “Air carrier company" means any person engaged in the business of
23transportation in aircraft of persons or property for hire on regularly scheduled
24flights, except an air carrier company whose property is exempt from taxation under
25s.
70.11 (42) (b) 76.074 (2). In this subsection, “aircraft" means a completely equipped
1operating unit, including spare flight equipment, used as a means of conveyance in
2air commerce.
AB245,155
3Section 155
. 76.025 (5) of the statutes is created to read:
AB245,81,74
76.025
(5) Nothing in this chapter or ch. 70 shall be construed as providing an
5exemption for personal property for entities regulated under this chapter, except for
6the exemptions under ss. 70.11 (21), (39), and (39m), 70.112 (4) (b) and (5), and
776.074, and for such motor vehicles as are exempt under s. 70.112 (5).
AB245,156
8Section 156
. 76.03 (1) of the statutes is amended to read:
AB245,81,129
76.03
(1) The property, both real and personal, including all rights, franchises
10and privileges used in and necessary to the prosecution of the business of any
11company enumerated in s. 76.02
shall be deemed personal property for the purposes
12of taxation, and shall be valued and assessed together as a unit.
AB245,157
13Section
157. 76.07 (2) of the statutes is amended to read:
AB245,82,814
76.07
(2) Relation to state valuation; description. The value of the property
15of each
of said companies company for assessment shall be made on the same basis
16and for the same period of time, as near as may be, as the value of the general
17property of the state is ascertained and determined. The department shall prepare
18an assessment roll and place thereon after the name of each
of said companies 19company assessed, the following general description of the property of such company,
20to wit which the department shall deem and hold to include the entire property and
21franchises of the company specified and all title and interest therein: “
Real estate,
22right-of-way, tracks, stations, terminals, appurtenances,
rolling stock, equipment, 23franchises
, and all other real estate and personal property of
said the company," in
24the case of railroads, and “Real estate, right-of-way, poles, wires, conduits, cables,
25devices, appliances, instruments, franchises
, and all other real and personal
1property of
said the company," in the case of conservation and regulation companies,
2and “Real estate, appurtenances, rolling stock, equipment, franchises, and all other
3real estate and personal property of
said the company," in the case of air carrier
4companies, and “Land and land rights, structures, improvements, mains, pumping
5and regulation equipment, services, appliances, instruments, franchises
, and all
6other real and personal property of
said the company," in the case of pipeline
7companies
, which description shall be deemed and held to include the entire property
8and franchises of the company specified and all title and interest therein.
AB245,158
9Section
158. 76.07 (4g) (a) 10. of the statutes is amended to read:
AB245,82,1210
76.07
(4g) (a) 10. Determine the depreciated cost of
road real property owned
11or rented by the company and used in the operation of the company's business in this
12state.
AB245,159
13Section
159. 76.07 (4g) (a) 11. and 12. of the statutes are repealed.
AB245,160
14Section
160. 76.07 (4g) (a) 13. of the statutes is amended to read:
AB245,82,1615
76.07
(4g) (a) 13. Divide the
sum of the amounts under subds. 10. and 12. 16amount under subd. 10. by the depreciated cost of
road real property everywhere.
AB245,161
17Section 161
. 76.074 of the statutes is created to read:
AB245,82,18
1876.074 Property exempt from assessment. (1) In this section:
AB245,82,2219
(a) Notwithstanding s. 76.02, “air carrier company" means any person engaged
20in the business of transportation in aircraft of persons or property for hire on
21regularly scheduled flights. In this paragraph, “aircraft" has the meaning given in
22s. 76.02 (1).
AB245,82,2323
(b) “Hub facility" means any of the following:
AB245,83,324
1. A facility at an airport from which an air carrier company operated at least
2545 common carrier departing flights each weekday in the prior year and from which
1it transported passengers to at least 15 nonstop destinations, as defined by rule by
2the department, or transported cargo to nonstop destinations, as defined by rule by
3the department.
AB245,83,74
2. An airport or any combination of airports in this state from which an air
5carrier company cumulatively operated at least 20 common carrier departing flights
6each weekday in the prior year, if the air carrier company's headquarters, as defined
7by rule by the department, is in this state.
AB245,83,10
8(2) Property owned by an air carrier company that operates a hub facility in
9this state, if the property is used in the operation of the air carrier company, is exempt
10from taxation under this subchapter and from local assessment and taxation.
AB245,83,13
11(3) For assessments after January 1, 2024, the personal property, as defined
12in s. 70.04, of a railroad company is exempt from taxation under this subchapter and
13from local assessment and taxation.
AB245,162
14Section
162. 76.125 (1) of the statutes is amended to read:
AB245,83,2015
76.125
(1) Using the statement of assessments under s. 70.53 and the
16statement of taxes under s. 69.61, the department shall determine the net rate of
17taxation of commercial property under s. 70.32 (2) (a) 2.
, and of manufacturing
18property under s. 70.32 (2) (a) 3.
and of personal property under s. 70.30 as provided
19in subs. (2) to (6). The department shall enter that rate on the records of the
20department.
AB245,163
21Section 163
. 76.24 (2) (a) of the statutes is amended to read:
AB245,84,722
76.24
(2) (a) All taxes paid by any railroad company derived from or
23apportionable to repair facilities, docks, ore yards, piers, wharves, grain elevators,
24and their approaches, or car ferries on the basis of the separate valuation provided
25for in s. 76.16, shall be distributed annually from the transportation fund to the
1towns, villages, and cities in which they are located, pursuant to certification made
2by the department of revenue on or before August 15. Beginning with amounts
3distributed in
2011 2024, the amount distributed to any town, village, or city under
4this paragraph may not be less than the amount distributed to it in
2010 2023 under
5this paragraph.
Beginning with amounts distributed in 2025, the amount
6distributed to any town, village, or city under this paragraph may not be less than
7the amount distributed in 2024.
AB245,164
8Section 164
. 76.31 of the statutes is amended to read:
AB245,84,16
976.31 Determination of ad valorem tax receipts for hub facility
10exemptions. By July 1, 2004, and every Annually, by July 1
thereafter, the
11department shall determine the total amount of the tax imposed under subch. I of
12ch. 76 that was paid by each air carrier company, as defined in s.
70.11 (42) (a) 1. 76.02
13(1), whose property is exempt from taxation under s.
70.11 (42) (b) 76.074 (2) for the
14most recent taxable year that the air carrier company paid the tax imposed under
15subch. I of ch. 76. The total amount determined under this section shall be
16transferred under s. 20.855 (4) (fm) to the transportation fund.
AB245,165
17Section 165
. 76.69 of the statutes is repealed.
AB245,166
18Section
166. 76.82 of the statutes is amended to read:
AB245,84,22
1976.82 Assessment. The department
, using the methods that it uses to assess
20property under s. 70.995, shall assess the property that is taxable under s. 76.81
,
21including property that is exempt under s. 70.11 (27) from the tax under ch. 70, at
22its value as of January 1.
AB245,167
23Section 167
. Chapter 77 (title) of the statutes is amended to read:
AB245,85,2
1TAXATION OF FOREST CROPLANDS;
2
REAL ESTATE TRANSFER FEES;
AB245,85,113
SALES AND USE TAXES; COUNTY
,
4
Municipality, AND SPECIAL DISTRICT
5
SALES AND USE TAXES; MANAGED
6
FOREST LAND; ECONOMIC DEVELOPMENT
7
SURCHARGE; LOCAL FOOD and
8
BEVERAGE TAX; LOCAL RENTAL CAR
9
TAX; PREMIER RESORT AREA TAXES;
10
STATE RENTAL VEHICLE
11
FEE; DRY CLEANING FEES
AB245,168
12Section
168. 77.04 (1) of the statutes is amended to read:
AB245,86,313
77.04
(1) Tax roll. The clerk on making up the tax roll shall enter as to each
14forest cropland description in a special column or some other appropriate place in
15such tax roll headed by the words “Forest Croplands" or the initials “F.C.L.", which
16shall be a sufficient designation that such description is subject to this subchapter.
17Such land shall thereafter be assessed and be subject to review under ch. 70, and
18such assessment may be used by the department of revenue in the determination of
19the tax upon withdrawal of such lands as forest croplands as provided in s. 77.10 for
20entries prior to 1972 or for any entry under s. 77.02 (4) (a). The tax upon withdrawal
21of descriptions entered as forest croplands after December 31, 1971, may be
22determined by the department of revenue by multiplying the last assessed value of
23the land prior to the time of the entry by an annual ratio computed for the state under
24sub. (2) to establish the annual assessed value of the description. No tax shall be
25levied on forest croplands except the specific annual taxes as provided, except that
1any building located on forest cropland shall be assessed as
personal real property,
2subject to all laws and regulations for the assessment and taxation of general
3property.
AB245,169
4Section 169
. 77.51 (12t) of the statutes is renumbered 77.51 (12t) (intro.) and
5amended to read:
AB245,86,196
77.51
(12t) (intro.) “Real property construction activities" means activities that
7occur at a site where tangible personal property or items or goods under s. 77.52 (1)
8(b) or (d) that are applied or adapted to the use or purpose to which real property is
9devoted are
permanently affixed to that real property
, if the intent of the person who
10affixes that property is to make a permanent accession to the real property. “Real
11property construction activities" does not include affixing property subject to tax
12under s. 77.52 (1) (c) to real property or affixing to real property tangible personal
13property that remains tangible personal property after it is affixed.
The department
14may promulgate rules to determine whether activities that occur at a site where
15tangible personal property or items or goods under s. 77.52 (1) (b) or (d) are affixed
16to real property are real property construction activities for purposes of this
17subchapter. If the classification of property or an activity is not identified by rule,
18the department's determination of whether personal property becomes a part of real
19property shall be made by considering the following criteria:
AB245,170
20Section 170
. 77.51 (12t) (a) to (c) of the statutes are created to read:
AB245,86,2121
77.51
(12t) (a) Actual physical annexation to the real property.
AB245,86,2322
(b) Application or adaptation to the use or purpose to which the real property
23is devoted.
AB245,86,2524
(c) An intention on the part of the person making the annexation to make a
25permanent accession to the real property.
AB245,171
1Section
171. 77.54 (20n) (d) 2. of the statutes is amended to read:
AB245,87,52
77.54
(20n) (d) 2. The retailer manufactures the prepared food
in a building 3on real property assessed as manufacturing property under s. 70.995, or that would
4be assessed as manufacturing property under s. 70.995 if the
building real property 5was located in this state.
AB245,172
6Section 172
. 77.54 (20n) (d) 3. of the statutes is amended to read:
AB245,87,87
77.54
(20n) (d) 3. The retailer makes no retail sales of prepared food at the
8building location described in subd. 2.
AB245,173
9Section 173
. 77.54 (57d) (b) 1. of the statutes is amended to read:
AB245,87,1110
77.54
(57d) (b) 1. A person engaged in manufacturing in this state
at a building 11on real property assessed under s. 70.995.
AB245,174
12Section 174
. Subchapter V (title) of chapter 77 [precedes 77.70] of the statutes
13is amended to read:
AB245,87,1515
SUBCHAPTER V
AB245,87,1816
COUNTY
, municipality, AND
17
SPECIAL DISTRICT SALES
18
AND USE TAXES
AB245,175
19Section 175
. 77.70 of the statutes is renumbered 77.70 (1) and amended to
20read:
AB245,88,1221
77.70
(1) Any Except as provided in sub. (2), any county
desiring to
may impose
22county sales and use taxes under this subchapter
may do so by the adoption of an
23ordinance, stating its purpose and referring to this subchapter. The rate of the tax
24imposed under this
section subsection is 0.5 percent of the sales price or purchase
25price. Except as provided in s. 66.0621 (3m), the county sales and use taxes
imposed
1under this subsection may be imposed only for the purpose of directly reducing the
2property tax levy and only in their entirety as provided in this subchapter. That
3ordinance shall be effective on
the first day of January, the first day of April, the first
4day of July or the first day of October January 1, April 1, July 1, or October 1. A
5certified copy of that ordinance shall be delivered to the secretary of revenue at least
6120 days prior to its effective date. The repeal of any such ordinance shall be effective
7on December 31. A certified copy of a repeal ordinance shall be delivered to the
8secretary of revenue at least 120 days before the effective date of the repeal. Except
9as provided under s. 77.60 (9), the department of revenue may not issue any
10assessment
nor or act on any claim for a refund or any claim for an adjustment under
11s. 77.585 after the end of the calendar year that is 4 years after the year in which the
12county has enacted a repeal ordinance under this
section subsection.
AB245,176
13Section 176
. 77.70 (2) of the statutes is created to read:
AB245,89,1614
77.70
(2) (a) In addition to the taxes imposed under sub. (1), a county in which
15a 1st class city is located may adopt an ordinance to impose sales and use taxes under
16this subchapter at the rate of 0.375 percent of the sales price or purchase price.
An
17ordinance adopted under this subsection is not effective unless the electors of the
18county approve the ordinance at a referendum held at a special election, as provided
19under s. 8.06, or at a spring primary or election or partisan primary or election. An
20ordinance adopted and approved under this subsection shall be effective on January
211, April 1, July 1, or October 1 and the taxes shall be imposed only in their entirety
22as provided in this subchapter. A certified copy of the ordinance shall be delivered
23to the secretary of revenue at least 120 days prior to its effective date. No county may
24impose a tax under this subsection unless the county makes an election to join the
25Wisconsin Retirement System for all new employees, pursuant to s. 40.21 (7) (a), and
1the county contributes the amount calculated under s. 59.875 (4) to its retirement
2system's unfunded actuarial accrued liability from the taxes imposed under this
3subsection in 2025 and in each year thereafter until the first year in which the
4retirement system is determined by the retirement system's actuary to be fully
5funded. After the retirement system is first fully funded, or until 30 years have
6elapsed since the effective date of the tax, whichever is earlier, the actuary shall
7determine all future required contributions from the county on the basis of standard
8actuarial practices, and the county shall repeal the ordinance imposing the tax. A
9certified copy of that ordinance shall be delivered to the secretary of revenue at least
10120 days prior to its effective date. The repeal of any such ordinance shall be effective
11on December 31. A certified copy of a repeal ordinance shall be delivered to the
12secretary of revenue at least 120 days before the effective date of the repeal. Except
13as provided under s. 77.60 (9), the department of revenue may not issue any
14assessment or act on any claim for a refund or any claim for an adjustment under s.
1577.585 after the end of the calendar year that is 4 years after the year in which the
16county has enacted a repeal ordinance under this subsection.
AB245,89,2017
(b) 1. Annually, after making the required payment to its retirement system's
18unfunded actuarial accrued liability under par. (a), the county shall make the
19required payment for its pension bond obligations from the revenues received under
20this subsection.
AB245,89,2321
2. Any revenues received in any year in excess of the amounts paid under subd.
221. and par. (a) in the previous year shall be used as an additional payment to the
23county retirement system's unfunded actuarial accrued liability.
AB245,90,224
(c) Annually, beginning in 2026, the county shall submit a report to the joint
25committee on finance, in the manner provided under s. 13.172 (2), containing
1detailed information on the county's expenditures in the previous year from the
2revenues collected under this subsection.
AB245,177
3Section 177
. 77.701 of the statutes is created to read:
AB245,91,5
477.701 Adoption by municipal ordinance. (1) A 1st class city may adopt
5an ordinance to impose a sales and use tax under this subchapter at the rate of 2.0
6percent of the sales price or purchase price. An ordinance adopted under this section
7is not effective unless the electors of the city approve the ordinance at a referendum
8held at a special election, as provided under s. 8.06, or at a spring primary or election
9or partisan primary or election. An ordinance adopted and approved under this
10section shall be effective on January 1, April 1, July 1, or October 1, and the taxes
11shall be imposed only in their entirety as provided in this subchapter. A certified copy
12of the ordinance shall be delivered to the secretary of revenue at least 120 days prior
13to its effective date. No 1st class city may impose a tax under this section unless the
14city makes an election to join the Wisconsin Retirement System for all new
15employees, pursuant to s. 40.21 (7) (a), and the city contributes the amount
16calculated under s. 62.625 to its retirement system's unfunded actuarial accrued
17liability in 2025 and in each year thereafter until the first year in which the
18retirement system is determined by the retirement system's actuary to be fully
19funded. After the retirement system is first fully funded, or until 30 years have
20elapsed since the effective date of the tax, whichever is earlier, the actuary shall
21determine all future required contributions from the city on the basis of standard
22actuarial practices, and the city shall repeal the ordinance imposing the tax. A
23certified copy of that ordinance shall be delivered to the secretary of revenue at least
24120 days prior to its effective date. The repeal of any such ordinance shall be effective
25on December 31. A certified copy of a repeal ordinance shall be delivered to the
1secretary of revenue at least 120 days before the effective date of the repeal. Except
2as provided under s. 77.60 (9), the department of revenue may not issue any
3assessment or act on any claim for a refund or any claim for an adjustment under s.
477.585 after the end of the calendar year that is 4 years after the year in which the
5city has enacted a repeal ordinance under this section.
AB245,91,18
6(2) (a)
Annually, the city shall use no more than 90 percent of the amount of
7revenue generated under this section in the first full calendar year in which the tax
8is imposed to offset the actual costs of the required payment under sub. (1) and to
9offset the increase in participating city agency employer contribution costs from 2022
10to the current year for the retirement system established under
chapter 396, laws
11of 1937. For purposes of this paragraph, “city agency” means any board, commission,
12division, department, office, or agency of the city government, including its school
13board, auditorium board, fire and police departments, annuity and pension board,
14board of vocational and adult education, Wisconsin Center District, housing
15authority, Veolia Milwaukee with respect to employees who are participants in the
16retirement system of Milwaukee on the effective date of this paragraph .... [LRB
17inserts date], and public school teachers' annuity and retirement fund, by which an
18employee of the city or city agency is paid.
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(b) The city shall use an amount equal to the revenue derived from 10 percent
20of the amount of revenue generated under this section in the first full calendar year
21in which the tax is imposed to maintain a level of law enforcement and fire protective
22and emergency medical service that is equivalent to that provided in the 1st class city
23on April 1, 2023.
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(c) In any year in which the amount of the taxes collected under this section
25exceeds the amount of the taxes collected in the previous year and the amounts
1necessary to make the payments under pars. (a) and (b), the city shall use the excess
2revenue to implement the requirements under s. 62.90 (5) (b) and the ongoing costs
3of the increased number of law enforcement officers and daily staffing level of the
4members of the paid fire department.
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5(3) Annually, beginning in 2026, the city shall submit a report to the joint
6committee on finance, in the manner provided under s. 13.172 (2), containing
7detailed information on the city's expenditures in the previous year from the
8revenues collected under this section, including expenditures and staffing levels
9related to law enforcement, fire protection, and other public safety measures.
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10Section
178. 77.71 of the statutes is amended to read:
AB245,92,14
1177.71 Imposition of county, municipality, and special district sales and
12use taxes. Whenever a
county sales and use tax ordinance is adopted under s. 77.70
13or 77.701 or a special district resolution is adopted under s. 77.705 or 77.706, the
14following taxes are imposed:
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15(1) For the privilege of selling, licensing, leasing, or renting tangible personal
16property and the items, property, and goods specified under s. 77.52 (1) (b), (c), and
17(d), and for the privilege of selling, licensing, performing, or furnishing services a
18sales tax is imposed upon retailers at the rates under s. 77.70 in the case of a county
19tax
, at the rate under s. 77.701 in the case of a municipality tax, or at the rate under
20s. 77.705 or 77.706 in the case of a special district tax of the sales price from the sale,
21license, lease, or rental of tangible personal property and the items, property, and
22goods specified under s. 77.52 (1) (b), (c), and (d), except property taxed under sub.
23(4), sold, licensed, leased, or rented at retail in the county
, municipality, or special
24district, or from selling, licensing, performing, or furnishing services described under
25s. 77.52 (2) in the county
, municipality, or special district.
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1(2) An excise tax is imposed at the rates under s. 77.70 in the case of a county
2tax
, at the rate under s. 77.701 in the case of a municipality tax, or at the rate under
3s. 77.705 or 77.706 in the case of a special district tax of the purchase price upon every
4person storing, using, or otherwise consuming in the county
, municipality, or special
5district tangible personal property, or items, property, or goods specified under s.
677.52 (1) (b), (c), or (d), or services if the tangible personal property, item, property,
7good, or service is subject to the state use tax under s. 77.53, except that a receipt
8indicating that the tax under sub. (1), (3), (4), or (5) has been paid relieves the buyer
9of liability for the tax under this subsection and except that if the buyer has paid a
10similar local tax in another state on a purchase of the same tangible personal
11property, item, property, good, or service that tax shall be credited against the tax
12under this subsection and except that for motor vehicles that are used for a purpose
13in addition to retention, demonstration, or display while held for sale in the regular
14course of business by a dealer the tax under this subsection is imposed not on the
15purchase price but on the amount under s. 77.53 (1m).
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16(3) An excise tax is imposed upon a contractor engaged in construction
17activities within the county or special district at the rates under s. 77.70 in the case
18of a county tax
, at the rate under s. 77.701 in the case of a municipality tax, or at the
19rate under s. 77.705 or 77.706 in the case of a special district tax of the purchase price
20of tangible personal property or items, property, or goods under s. 77.52 (1) (b), (c),
21or (d) that are used in constructing, altering, repairing, or improving real property
22and that became a component part of real property in that county
, municipality, or
23special district, except that if the contractor has paid the sales tax of a county
,
24municipality, or special district in this state on that tangible personal property, item,
25property, or good, or has paid a similar local sales tax in another state on a purchase
1of the same tangible personal property, item, property, or good, that tax shall be
2credited against the tax under this subsection.
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3(4) An excise tax is imposed at the rates under s. 77.70 in the case of a county
4tax
, at the rate under s. 77.701 in the case of a municipality tax, or at the rate under
5s. 77.705 or 77.706 in the case of a special district tax of the purchase price upon every
6person storing, using, or otherwise consuming a motor vehicle, boat, recreational
7vehicle, as defined in s. 340.01 (48r), or aircraft if that property must be registered
8or titled with this state and if that property is to be customarily kept in a county that
9has in effect an ordinance under s. 77.70
, in a municipality that has in effect an
10ordinance under s. 77.701, or in a special district that has in effect a resolution under
11s. 77.705 or 77.706, except that if the buyer has paid a similar local sales tax in
12another state on a purchase of the same property, that tax shall be credited against
13the tax under this subsection. The lease or rental of a motor vehicle, boat,
14recreational vehicle, as defined in s. 340.01 (48r), or aircraft is not taxed under this
15subsection if the lease or rental does not require recurring periodic payments.
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16(5) An excise tax is imposed on the purchase price for the lease or rental of a
17motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r), or aircraft at
18the rates under s. 77.70 in the case of a county tax
, at the rate under s. 77.701 in the
19case of a municipality tax, or at the rate under s. 77.705 or 77.706 in the case of a
20special district tax upon every person storing, using, or otherwise consuming in the
21county
, municipality, or special district the motor vehicle, boat, recreational vehicle,
22as defined in s. 340.01 (48r), or aircraft if that property must be registered or titled
23with this state and if the lease or rental does not require recurring periodic
24payments, except that a receipt indicating that the tax under sub. (1) had been paid
25relieves the purchaser of liability for the tax under this subsection and except that
1if the purchaser has paid a similar local tax in another state on the same lease or
2rental of such motor vehicle, boat, recreational vehicle, as defined in s. 340.01 (48r),
3or aircraft, that tax shall be credited against the tax under this subsection.
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4Section
179. 77.73 (2), (2m) and (3) of the statutes are amended to read:
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577.73 (2) Counties
, municipalities, and special districts do not have
6jurisdiction to impose the tax under s. 77.71 (2) in regard to items, property, and
7goods under s. 77.52 (1) (b), (c), and (d), and tangible personal property, except
8snowmobiles, trailers, semitrailers, limited use off-highway motorcycles, as defined
9in s. 23.335 (1) (o), all-terrain vehicles, and utility terrain vehicles, purchased in a
10sale that is consummated in another county
, municipality, or special district in this
11state that does not have in effect an ordinance or resolution imposing the taxes under
12this subchapter and later brought by the buyer into the county
, municipality, or
13special district that has imposed a tax under s. 77.71 (2).