1999 WISCONSIN ACT 5
(Vetoed in Part)
An Act to repeal 20.115 (4) (g), 20.115 (4) (h), 20.505 (8) (i), 562.077 and 563.05 (6); to renumber 563.135 and 563.80; to renumber and amend 79.10 (9) (c); to amend 20.115 (4) (a), 20.115 (4) (b), 20.435 (7) (kg), 20.455 (2) (g), 20.505 (8) (h), 20.505 (8) (j), 20.566 (2) (r), 20.566 (8) (q), 20.835 (3) (q) (title), 25.75 (2), 25.75 (3) (intro.), 25.75 (3) (e), 66.058 (3) (c) 8., 71.07 (3m) (c) 1., 71.28 (2m) (c) 1., 71.47 (2m) (c) 1., 79.10 (1m), 79.10 (2), 79.10 (5), 79.10 (7m) (b) (title) and 1. a., 79.10 (9) (bm), 79.10 (11) (title), (b) and (c), 79.11 (2), 79.11 (3) (b), 93.31, 562.065 (3) (d) (title), 562.065 (3m) (c) (title) and 2., 562.124 (2), 563.13 (4), 563.16, 563.92 (2), 563.98 (1g) and 565.02 (7); to repeal and recreate 20.505 (8) (g); and to create 20.505 (8) (am), 20.505 (8) (jm), 20.835 (3) (r), 25.75 (3) (f), 71.07 (3m) (c) 3., 71.28 (2m) (c) 3., 71.47 (2m) (c) 3., 79.10 (1) (dm), 79.10 (7r), 79.10 (9) (c) 2., 79.10 (10), 79.13, 562.065 (3) (cm), 563.055 (6), 563.135 (2m), 563.22 (2) (c) and 563.80 (2m) of the statutes; relating to: the property tax lottery credit and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
5,1
Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
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See PDF for table 
5,2
Section
2. 20.115 (4) (a) of the statutes is amended to read:
20.115 (4) (a) Aid to Wisconsin livestock breeders association. The amounts in the schedule, less moneys available under par. (h), for the purpose of aid to the Wisconsin livestock breeders association for the conduct of junior livestock shows and other livestock educational programs under s. 93.31.
5,3
Section
3. 20.115 (4) (b) of the statutes is amended to read:
20.115 (4) (b) Aids to county and district fairs. A sum sufficient The amounts in the schedule to provide state aids to counties and agricultural societies, associations or boards and to incorporated dairy or livestock associations, not to exceed $15,000 per fair as provided in s. 93.23. No moneys in excess of the difference between $585,000 and the amount of moneys available under par. (g) in each fiscal year may be expended from this appropriation. If the total due the several counties and agricultural societies under this paragraph exceeds $585,000
the amounts in the schedule, the department shall equitably prorate that amount.
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4. 20.115 (4) (g) of the statutes is repealed.
5,5
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5. 20.115 (4) (h) of the statutes is repealed.
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Section
6. 20.435 (7) (kg) of the statutes is amended to read:
20.435 (7) (kg) Compulsive gambling awareness campaigns. The amounts in the schedule for the purpose of awarding grants under s. 46.03 (43). All moneys transferred from ss. s. 20.505 (8) (g) and (h) and 20.566 (8) (q) shall be credited to this appropriation account.
5,7
Section
7. 20.455 (2) (g) of the statutes is amended to read:
20.455 (2) (g) Gaming law enforcement; racing revenues. From all moneys received under ss. 562.02 (2) (f), 562.04 (1) (b) 4. and (2) (d), 562.05 (2), 562.065 (3) (cm) and (d), (3m) (c) 2. and (4) and
, 562.09 (2) (e) and 562.124 (2), the amounts in the schedule for the performance of the department's gaming law enforcement responsibilities as specified in s. 165.70 (3m). Notwithstanding s. 20.001 (3) (a), the unencumbered balance of this appropriation account at the end of each fiscal year shall be transferred to the lottery fund.
5,8
Section
8. 20.505 (8) (am) of the statutes is created to read:
20.505 (8) (am) Interest on racing and bingo moneys. A sum sufficient equal to the amount earned by the investment fund on revenues received under pars. (g) and (jm) and s. 20.455 (2) (g) for the purpose of transferring this amount to the lottery fund.
5,9
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9. 20.505 (8) (g) of the statutes is repealed and recreated to read:
20.505 (8) (g) General program operations; racing. The amounts in the schedule for general program operations under ch. 562. All moneys received by the department of administration under ss. 562.02 (2) (f), 562.04 (1) (b) 4. and (2) (d), 562.05 (2), 562.065 (3) (cm) and (d), (3m) (c) 2. and (4), 562.09 (2) (e) and 562.124 (2), less the amounts appropriated under s. 20.455 (2) (g), shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance of this appropriation account at the end of each fiscal year shall be transferred to the lottery fund.
5,10
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10. 20.505 (8) (h) of the statutes is amended to read:
20.505 (8) (h) General program operations; Indian gaming. The amounts in the schedule for general program operations under ch. 569. All Indian gaming receipts, as defined in s. 569.01 (1m), less the amounts appropriated under s. 20.455 (2) (gc), shall be credited to this appropriation account. Annually, of the moneys received under this appropriation account, an amount equal to 50% of the amount in the schedule under s. 20.435 (7) (kg) shall be transferred to the appropriation account under s. 20.435 (7) (kg).
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11. 20.505 (8) (i) of the statutes is repealed.
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12. 20.505 (8) (j) of the statutes is amended to read:
20.505 (8) (j) General program operations;
charitable raffles and crane games. The amounts in the schedule for general program operations relating to raffles under chs. subchs. II and VIII of ch. 563 and relating to crane games under ch. 564. All moneys received by the department of administration under ch. 563, except s. 563.80, and under s. ss. 563.92 (2), 563.98 (1g) and 564.02 (2) shall be credited to this appropriation account.
5,13
Section
13. 20.505 (8) (jm) of the statutes is created to read:
20.505 (8) (jm) General program operations; bingo. The amounts in the schedule for general program operations relating to bingo under subchs. II to VII of ch. 563. All moneys received by the department of administration under ss. 563.055, 563.13 (4), 563.135, 563.16, 563.22 (2) and 563.80 shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance of this appropriation account at the end of each fiscal year shall be transferred to the lottery fund.
5,14
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14. 20.566 (2) (r) of the statutes is amended to read:
20.566 (2) (r) Lottery and gaming credit administration. From the lottery fund, the amounts in the schedule for the administration of the lottery and gaming credit.
5,15
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15. 20.566 (8) (q) of the statutes is amended to read:
20.566 (8) (q) General program operations. From the lottery fund, the amounts in the schedule for general program operations under ch. 565. Annually, of the moneys appropriated under this paragraph, an amount equal to 36% of the amount in the schedule under s. 20.435 (7) (kg) shall be transferred to the appropriation account under s. 20.435 (7) (kg).
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16. 20.835 (3) (q) (title) of the statutes is amended to read:
20.835 (3) (q) (title) Lottery and gaming credit.
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17. 20.835 (3) (r) of the statutes is created to read:
20.835 (3) (r) Lottery and gaming credit certification. From the lottery fund, a sum sufficient to make payments under s. 79.10 (7r) to counties and cities for certification of the lottery and gaming credit.
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18. 25.75 (2) of the statutes is amended to read:
25.75 (2) Creation. There is created a separate nonlapsible trust fund known as the lottery fund, to consist of gross lottery revenues received by the department of revenue and moneys transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), (g) and (jm).
5,19
Section
19. 25.75 (3) (intro.) of the statutes is amended to read:
25.75 (3) Distribution of gross lottery revenues. (intro.) Amounts The distribution of the gross lottery revenues in the fund shall be distributed as follows subject to all of the following:
5,20
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20. 25.75 (3) (e) of the statutes is amended to read:
25.75 (3) (e) Lottery and gaming credit state administration expenses. From the appropriation under s. 20.566 (2) (r), lottery proceeds and moneys transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), (g) and (jm) shall be used to offset department of revenue expenses in administering the lottery and gaming credit.
5,21
Section
21. 25.75 (3) (f) of the statutes is created to read:
25.75 (3) (f) Lottery and gaming credit certification. From the appropriation under s. 20.835 (3) (r), lottery proceeds and moneys transferred to the lottery fund under ss. 20.455 (2) (g) and 20.505 (8) (am), (g) and (jm) shall be used to make payments under s. 79.10 (7r) to counties and cities for certification of the lottery and gaming credit.
5,22
Section
22. 66.058 (3) (c) 8. of the statutes is amended to read:
66.058 (3) (c) 8. The credit under s. 79.10 (9) (bm), as it applies to the principal dwelling on a parcel of taxable property shall apply to the estimated fair market value of a mobile home that is the principal dwelling of the owner. The owner of the mobile home shall file a claim for the credit with the treasurer of the municipality in which the property is located
no later than January 31. To obtain the credit under s. 79.10 (9) (bm), the owner shall attest on the claim that the mobile home is the owner's principal dwelling
, as defined in s. 79.10 (1) (dm). The treasurer shall reduce the owner's parking permit fee by the amount of any allowable credit. The treasurer shall furnish notice of all amounts claims for credits filed under this subdivision to the department of revenue as provided under s. 79.10 (1m).
5,23d
Section 23d. 71.07 (3m) (c) 1. of the statutes is amended to read:
71.07 (3m) (c) 1. Any claimant may claim against taxes otherwise due under this chapter 10% a percentage, as determined by the department under subd. 3., of the property taxes accrued in the taxable year to which the claim relates, up to a maximum claim of $1,000 $1,500, except that the credit under this subsection plus the credit under subch. IX may not exceed 95% of the property taxes accrued on the farm.
5,23f
Section 23f. 71.07 (3m) (c) 3. of the statutes is created to read:
71.07 (3m) (c) 3. The department shall annually adjust the percentage that is used to determine the amount of a claim under subd. 1. based on the estimated number of claims and the amount estimated to be expended from the appropriation under s. 20.835 (2) (q), as determined under s. 79.13. The department shall incorporate the annually adjusted percentage into the income tax forms and instructions.
5,23m
Section 23m. 71.28 (2m) (c) 1. of the statutes is amended to read:
71.28 (2m) (c) 1. Any claimant may claim against taxes otherwise due under this chapter 10% a percentage, as determined by the department under subd. 3., of the property taxes accrued in the taxable year to which the claim relates, up to a maximum claim of $1,000 $1,500, except that the credit under this subsection plus the credit under subch. IX may not exceed 95% of the property taxes accrued on the farm.
5,23p
Section 23p. 71.28 (2m) (c) 3. of the statutes is created to read:
71.28 (2m) (c) 3. The department shall annually adjust the percentage that is used to determine the amount of a claim under subd. 1. based on the estimated number of claims and the amount estimated to be expended from the appropriation under s. 20.835 (2) (q), as determined under s. 79.13. The department shall incorporate the annually adjusted percentage into the income tax forms and instructions.
5,23r
Section 23r. 71.47 (2m) (c) 1. of the statutes is amended to read:
71.47 (2m) (c) 1. Any claimant may claim against taxes otherwise due under this chapter 10% a percentage, as determined by the department under subd. 3., of the property taxes accrued in the taxable year to which the claim relates, up to a maximum claim of $1,000 $1,500, except that the credit under this subsection plus the credit under subch. IX may not exceed 95% of the property taxes accrued on the farm.
5,23t
Section 23t. 71.47 (2m) (c) 3. of the statutes is created to read:
71.47 (2m) (c) 3. The department shall annually adjust the percentage that is used to determine the amount of a claim under subd. 1. based on the estimated number of claims and the amount estimated to be expended from the appropriation under s. 20.835 (2) (q), as determined under s. 79.13. The department shall incorporate the annually adjusted percentage into the income tax forms and instructions.
5,26
Section
26. 79.10 (1) (dm) of the statutes is created to read:
79.10 (1) (dm) "Principal dwelling" means any dwelling that is used by the owner of the dwelling as a primary residence on January 1 of the year preceding the allocation of a credit under sub. (9) (bm) and includes improvements that are classified, under ch. 70, as taxable real property or personal property.
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27. 79.10 (1m) of the statutes is amended to read:
79.10 (1m) (a) Each municipality shall notify the department of revenue of the total amount of credits to be paid allocated under sub. (9) (bm) and the total number of parcels of taxable real property and personal property accounts in the municipality that are eligible for the credit under sub. (5).
(b) Counties and municipalities shall submit to the department of revenue all data related to the lottery and gaming credit and requested by the department of revenue.
5,28
Section
28. 79.10 (2) of the statutes is amended to read:
79.10 (2) 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), 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.
5,29
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29. 79.10 (5) of the statutes is amended to read:
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), of every parcel of taxable real property and every personal property account in the municipality 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.
5,30
Section
30. 79.10 (7m) (b) (title) and 1. a. of the statutes are amended to read:
79.10 (7m) (b) (title) Lottery and gaming credit.
1. a. The amount determined under sub. (5) with respect to the number of parcels of taxable real property and personal property accounts claims filed for which the town, village or city has furnished notice under sub. (1m) by March 1 shall be distributed from the appropriation under s. 20.835 (3) (q) by the department of administration on the 4th Monday in March.
5,31
Section
31. 79.10 (7r) of the statutes is created to read:
79.10 (7r) Lottery and gaming credit certification reimbursement. (a) 1. A county or city that performs the certification procedure under sub. (10) (a) shall receive, from the appropriation under s. 20.835 (3) (r), 70 cents for each lottery and gaming credit certified for a principal dwelling located in that county or city.
2. A county or a city that performs a certification procedure that is approved by the department of revenue under sub. (10) (e) shall receive, from the appropriation under s. 20.835 (3) (r), the lesser of 70 cents for each lottery and gaming credit certified for a principal dwelling located in that county or city or the actual costs of identifying a principal dwelling located in that county or city.
(b) The amounts determined under par. (a) shall be distributed by the department of administration on the first Friday in September, 1999, and every 5th year thereafter, based on applications on file with the county or city on August 1. A county or city shall inform the department of revenue of the number of applications on file before August 16.
(c) If the department of revenue determines before August 1 of the year following a distribution under par. (b) that a county or city received an overpayment or underpayment under par. (b) because of a late application or an erroneous payment, the department of revenue shall correct the overpayment or underpayment
by reducing or increasing the subsequent distribution under par. (b). Corrections shall be made without interest.
5,32
Section
32. 79.10 (9) (bm) of the statutes is amended to read:
79.10 (9) (bm) Lottery and gaming credit. Except as provided in ss. 79.175 and 79.18, every owner of taxable personal property or a parcel of taxable real property is entitled to receive a lottery and gaming credit
shall be allocated to every principal dwelling for which a credit is claimed under sub. (10) in an amount determined by multiplying the estimated fair market value of the personal property or of the parcel of property principal dwelling, not exceeding the value determined under sub. (11), by the school tax rate.
5,33
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33. 79.10 (9) (c) of the statutes is renumbered 79.10 (9) (c) 1. and amended to read:
79.10 (9) (c) Credits shown on tax bill. 1. The lottery and gaming credit under par. (bm) shall reduce the property taxes otherwise payable, and the credit under par. (b) shall reduce the property taxes otherwise payable on property that is eligible for that credit and if the property owner completes the information required under sub. (10) (a) or (b).
