SB55-ASA1-AA1,559,923
66.1106
(4) (a) The political subdivision submits a statement that it has
24incurred some eligible costs, and includes with the statement a detailed proposed
25remedial action plan approved by the department of
natural resources
1environmental management that contains cost estimates for anticipated eligible
2costs and a schedule for the design, implementation and construction that is needed
3to complete the remediation, with respect to the parcel or contiguous parcels of
4property and the statement details the purpose and amount of the expenditures
5already made and includes a dated certificate issued by the department of
natural
6resources environmental management that certifies that the department of
natural
7resources environmental management has approved the site investigation report
8that relates to the parcel or contiguous parcels in accordance with rules promulgated
9by the department of
natural resources environmental management.
SB55-ASA1-AA1,559,1811
66.1106
(7) (d) 1. The department may not authorize a positive environmental
12remediation tax increment under par. (a) to pay otherwise eligible costs that are
13incurred by the political subdivision after the department of
natural resources 14environmental management certifies to the department of revenue that
15environmental pollution on the parcel of property has been remediated unless the
16costs are associated with activities, as determined by the department of
natural
17resources environmental management, that are necessary to close the site described
18in the site investigation report.
SB55-ASA1-AA1,559,2119
2. The department of
natural resources environmental management shall
20certify to the department of revenue the completion of the remediation of
21environmental pollution at the site described in the site investigation report.".
SB55-ASA1-AA1,560,13
166.1103
(10) (d) The governing body may issue bonds under this section
2without submitting the proposition to the electors of the municipality for approval
3unless within 30 days from the date of publication of notice of adoption of the initial
4resolution for the bonds, a petition conforming to the requirements of s. 8.40
, and 5signed by
a number of electors of the municipality equal to not less than 5% of the
6registered electors
of the municipality, or, if there is no registration of electors in the
7municipality, by 10% of the number of electors of the municipality voting for the office
8of governor at the last general election as determined under s. 115.01 (13), is filed
9with the clerk of the municipality and as provided in s. 8.37 requesting a referendum
10upon the question of the issuance of the bonds. If such a petition is filed, the bonds
11may not be issued until approved by a majority of the electors of the municipality
12voting on the referendum at a
general or special election referendum called in
13accordance with s. 8.065.".
SB55-ASA1-AA1,561,916
67.05
(3) (f) If a special purpose district calls a referendum to be held in
17conjunction with a state, county, municipal or judicial election, the polling places for
18the state, county, municipal or judicial election shall be the polling places for the
19special purpose district referendum and the municipal election hours shall apply. If
20no state, county, municipal or judicial election is held on the day of the special
21purpose district referendum, the governing body of the special purpose district may
22set the election hours and select the polling places to be used, except as otherwise
23provided in s. 120.06 (9) (b) in the case of a school district. If a polling place located
24in the special purpose district that was utilized at the most recent spring or general
1election is not utilized by the special purpose district, the governing body of the
2special purpose district shall post a notice on the door of the polling place indicating
3all polling places open for voting.
Election hours set by the governing body of the
4special purpose district for each polling place shall be the same as those provided by
5the governing body of the municipality in which the polling place is located, except
6that if the opening hour is later than 7 a.m., the governing body of the special purpose
7district may extend the opening hour to not earlier than 7 a.m. The municipal clerk
8of each municipality in which a polling place is located shall provide the necessary
9equipment to operate the polling place.".
SB55-ASA1-AA1,562,212
67.05
(4) Permissive referendum in counties. If a county board adopts an
13initial resolution for an issue of county bonds to provide for the original construction
14or for the improvement and maintenance of highways, to provide railroad aid, or to
15construct, acquire or maintain, or to aid in constructing, acquiring or maintaining
16a bridge over or across any stream or other body of water bordering upon or
17intersecting any part of the county, the county clerk is not required to submit the
18resolution for approval to the electors of the county at a
special election referendum 19unless within 30 days after the adoption thereof there is filed with the clerk a petition
20conforming to the requirements of s. 8.40
and requesting such submission, signed by
21electors numbering at least 10% of the votes cast in the county for governor at the
22last general election. If a petition is filed, the question submitted shall be whether
23the resolution shall be or shall not be approved. No such resolution of a county board
1other than those specified in this subsection need be submitted to county electors,
2except as provided otherwise in sub. (7).
SB55-ASA1-AA1,562,15
3(5) Referendum in towns, villages and cities. (a) Whenever an initial
4resolution has been so adopted by the governing body of a town, the clerk of the
5municipality shall immediately record the resolution and call a
special election 6referendum in accordance with s. 8.065 for the purpose of submitting the resolution
7to the electors of the municipality for approval. This paragraph does not apply to
8bonds issued to finance low-interest mortgage loans under s. 62.237, unless a
9number of electors equal to at least 15% of the votes cast for governor at the last
10general election in their town sign and file a petition conforming to the requirements
11of s. 8.40 with the town clerk requesting submission of the resolution. Whenever a
12number of electors cannot be determined on the basis of reported statistics, the
13number shall be determined in accordance with s. 60.74 (6). If a petition is filed, the
14question submitted shall be whether the resolution shall or shall not be approved.
15This paragraph is limited in its scope by sub. (7).
SB55-ASA1-AA1,563,2416
(b) No city or village may issue bonds for any purposes other than for water
17systems, lighting works, gas works, bridges, street lighting, street improvements,
18street improvement funding, hospitals, airports, harbor improvements, river
19improvements, breakwaters and protection piers, sewerage, garbage disposal,
20rubbish or refuse disposal, any combination of sewage, garbage or refuse or rubbish
21disposal, parks and public grounds, swimming pools and band shells, veterans
22housing projects, paying the municipality's portion of the cost of abolishing grade
23crossings, for the construction of police facilities and combined fire and police safety
24buildings, for the purchase of sites for engine houses, for fire engines and other
25equipment of the fire department, for construction of engine houses, and for pumps,
1water mains, reservoirs and all other reasonable facilities for fire protection
2apparatus or equipment for fire protection, for parking lots or other parking
3facilities, for school purposes, for libraries, for buildings for the housing of machinery
4and equipment, for acquiring and developing sites for industry and commerce as will
5expand the municipal tax base, for financing the cost of low-interest mortgage loans
6under s. 62.237, for providing financial assistance to blight elimination, slum
7clearance, community development, redevelopment and urban renewal programs
8and projects under ss. 66.1105, 66.1301 to 66.1329 and 66.1331 to 66.1337 or for
9University of Wisconsin System college campuses, as defined in s. 36.05 (6m), until
10the proposition for their issue for the special purpose has been submitted to the
11electors of the city or village and adopted by a majority vote. Except as provided
12under sub. (15), if the common council of any city or the village board of a village
13declares its purpose to raise money by issuing bonds for any purpose other than those
14specified in this subsection, it shall direct by resolution, which shall be recorded at
15length in the record of its proceedings, the clerk to call a
special election referendum
16in accordance with s. 8.065 for the purpose of submitting the question of bonding to
17the city or village electors. If a number of electors of a city or village equal to at least
1815% of the votes cast for governor at the last general election in their city or village
19sign and file a petition conforming to the requirements of s. 8.40 with the city or
20village clerk requesting submission of the resolution, the city or village may not issue
21bonds for financing the cost of low-interest mortgage loans under s. 62.237
without
22calling a special election to submit the question of bonding to
unless the issuance is
23approved by the city or village electors
for their approval at a referendum called in
24accordance with s. 8.065.".
SB55-ASA1-AA1,564,9
2"67.05
(6a) (a) 2. a. Direct the school district clerk to call a
special election 3referendum in accordance with s. 8.065 (2) or an election authorized under s. 8.065
4(3) for the purpose of submitting the resolution to the electors for approval or
5rejection
, or direct that the resolution be submitted at the next
regularly scheduled 6primary or election
permitted under s. 8.065 (2) or an election authorized under s.
78.065 (3) to be held not earlier than 45 days after the adoption of the resolution. The
8resolution shall not be effective unless adopted by a majority of the school district
9electors voting at the referendum.".
SB55-ASA1-AA1,564,1813
67.05
(6m) (b) If a referendum is to be held on an initial resolution, the district
14board shall direct the technical college district secretary to call a
special election 15referendum in accordance with s. 8.065 for the purpose of submitting the initial
16resolution to the electors for
a referendum on approval
or rejection. In lieu of a
17special election, the district board may specify that the election be held at the next
18succeeding spring primary or election or September primary or general election.
SB55-ASA1-AA1,564,2320
67.10
(5) (b) Any city having
voted
approved the issuance of bonds at a
special 21referendum
election held in accordance with s. 8.065 and having sold a portion
22thereof may negotiate, sell or otherwise dispose of the same in the manner provided
23by statute within 9 years of the date of the election voting the same.
SB55-ASA1-AA1,566,10
167.12
(12) (e) 5. Within 10 days of the adoption by a technical college district
2board of a resolution under subd. 1. to issue a promissory note for a purpose under
3s. 38.16 (2), the secretary of the district board shall publish a notice of such adoption
4as a class 1 notice, under ch. 985. The notice need not set forth the full contents of
5the resolution, but shall state the amount proposed to be borrowed, the method of
6borrowing, the purpose thereof, that the resolution was adopted under this
7subsection and the place where and the hours during which the resolution is
8available for public inspection. If the amount proposed to be borrowed is for building
9remodeling or improvement and does not exceed
$500,000
$1,000,000 or is for
10movable equipment, the district board need not submit the resolution to the electors
11for approval unless, within 30 days after the publication or posting, a petition
12conforming to the requirements of s. 8.40 is filed with the secretary of the district
13board requesting a referendum
at a special election to be called for that purpose.
14Such petition shall be signed by electors from each county lying wholly or partially
15within the district. The number of electors from each county shall equal at least 1.5%
16of the population of the county as determined under s. 16.96 (2) (c). If a county lies
17in more than one district, the technical college system board shall apportion the
18county's population as determined under s. 16.96 (2) (c) to the districts involved and
19the petition shall be signed by electors equal to the appropriate percentage of the
20apportioned population.
In lieu of a special election, the district board may specify
21that the referendum shall be held at the next succeeding spring primary or election
22or September primary or general election. Any resolution to borrow amounts of
23money in excess of
$500,000 $1,000,000 for building remodeling or improvement
24shall be submitted to the electors of the district for approval.
Any referendum under
25this subdivision shall be called at the next election authorized under s. 8.065 (2) or
1an election authorized under s. 8.065 (3) occurring not sooner than 45 days after
2filing of a petition or adoption of a resolution requiring the referendum. If a
3referendum is held or required under this subdivision, no promissory note may be
4issued until the issuance is approved by a majority of the district electors voting at
5such referendum. The referendum shall be noticed, called and conducted under s.
667.05 (6a) insofar as applicable, except that the notice of
special election referendum 7and ballot need not embody a copy of the resolution and the question which shall
8appear on the ballot shall be "Shall .... (name of district) be authorized to borrow the
9sum of $.... for (state purpose) by issuing its general obligation promissory note (or
10notes) under section 67.12 (12) of the Wisconsin Statutes?".".
SB55-ASA1-AA1,566,1813
64.12
(4) At the end of each fiscal year the council shall cause a full and
14complete examination of all the books and accounts of the city to be made by
15competent
certified public accountants
licensed or certified under ch. 442 who shall
16report in full to the council. The summaries of such audits shall be presented and
17furnished to all newspapers and libraries of the city and to such other persons as
18shall apply therefor.
SB55-ASA1-AA1,566,2420
64.34
(2) At the end of each year the council shall cause a full and complete
21examination of all of the books and accounts of the city to be made by competent
22certified public accountants
licensed or certified under ch. 442, who shall report in
23full thereon to the council. Copies of such reports shall be furnished by the council
24to all newspapers of the city and to all persons who shall apply therefor.".
SB55-ASA1-AA1,567,173
70.11
(2) Municipal property and property of certain districts, exception. 4Property owned by any county, city, village, town, school district, technical college
5district, public inland lake protection and rehabilitation district, metropolitan
6sewerage district, municipal water district created under s. 198.22, joint local water
7authority created under s. 66.0823,
regional planning commission created under s.
866.0309, family care district under s. 46.2895
, or town sanitary district; lands
9belonging to cities of any other state used for public parks; land tax-deeded to any
10county or city before January 2; but any residence located upon property owned by
11the county for park purposes that is rented out by the county for a nonpark purpose
12shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d),
13this exemption shall not apply to land conveyed after August 17, 1961, to any such
14governmental unit or for its benefit while the grantor or others for his or her benefit
15are permitted to occupy the land or part thereof in consideration for the conveyance.
16Leasing the property exempt under this subsection, regardless of the lessee and the
17use of the leasehold income, does not render that property taxable.".
SB55-ASA1-AA1,567,2320
70.11
(20) (a) The property is used to preserve native wild plant or native wild
21animal life, Indian mounds or other works of ancient persons or geological or
22geographical formations of scientific interest
; or the property is used for community
23parks and is open to the public, at no charge to the public.".
SB55-ASA1-AA1,568,2
1"
Section 2104b. 70.11 (21) (a) of the statutes, as affected by 2001 Wisconsin
2Act .... (this act), is amended to read:
SB55-ASA1-AA1,568,163
70.11
(21) (a) All property purchased or constructed as a waste treatment
4facility used for the treatment of industrial wastes, as defined in s. 281.01 (5), or air
5contaminants, as defined in s. 285.01 (1), but not for other wastes, as defined in s
6281.01 (7) for the purpose of abating or eliminating pollution of surface waters, the
7air, or waters of the state if that property is not used to grow agricultural products
8for sale and, if the property's owner is taxed under ch. 76, if the property is approved
9by the department of revenue. For the purposes of this subsection, "industrial waste"
10also includes wood chips, sawdust, and other wood residue from the paper and wood
11products manufacturing process that can be used as fuel and would otherwise be
12considered superfluous, discarded, or fugitive material. The department of
natural
13resources environmental management and department of health and family services
14shall make recommendations upon request to the department of revenue regarding
15such property. All property purchased or upon which construction began prior to
16July 31, 1975, shall be subject to s. 70.11 (21), 1973 stats.
SB55-ASA1-AA1,568,2118
70.11
(21) (b) The books and records of owners of property covered by this
19subsection shall be open to examination by representatives of the department of
20natural resources environmental management, department of health and family
21services and department of revenue.".
SB55-ASA1-AA1,569,2
170.11
(27m) Restaurant kitchen equipment. (a) In this subsection,
2"machinery" has the meaning given in sub. (27) (a) 2.
SB55-ASA1-AA1,569,53
(b)
Machinery and equipment used primarily in the operation of a restaurant's
4kitchen to prepare or serve food or beverages, regardless of whether the machinery
5or equipment is attached to real property.".
SB55-ASA1-AA1,569,118
70.111
(25) Digital broadcasting equipment. Digital broadcasting equipment
9owned and used by a radio station
or, a television station,
except that this subsection
10does not apply to digital broadcasting equipment that is owned and used by or a cable
11television system, as defined in s.
66.082 66.0419 (2) (d).".
SB55-ASA1-AA1,569,2314
70.113
(1) (intro.) As soon after April 20 of each year as is feasible the
15department of
natural resources fish, wildlife, parks, and forestry shall pay to the
16city, village, or town treasurer all of the following amounts from the following
17appropriations for each acre situated in the municipality of state forest lands, as
18defined in s. 28.02 (1), state parks under s. 27.01 and state public shooting, trapping
19or fishing grounds and reserves or refuges operated thereon, acquired at any time
20under s. 29.10, 1943 stats., s. 23.09 (2) (d) or 29.749 (1) or from the appropriations
21made by s. 20.866 (2) (tp) by the department of
natural resources fish, wildlife, parks,
22and forestry or leased from the federal government by the department of
natural
23resources fish, wildlife, parks, and forestry:
SB55-ASA1-AA1,570,7
170.113
(2) (a) Towns, cities or villages shall be paid for forest lands as defined
2in s. 28.02 (1), state parks under s. 27.01 and other lands acquired under s. 23.09 (2)
3(d), 23.27, 23.29, 23.293, 23.31 or 29.749 (1) located within such municipality and
4acquired after June 30, 1969. Such payments shall be made from the appropriation
5under s. 20.370 (5) (da) or (dq) and remitted by the department of
natural resources 6fish, wildlife, parks, and forestry in the amounts certified by the department of
7revenue according to par. (b).
SB55-ASA1-AA1,570,109
70.114
(1) (a) "Department" means the department of
natural resources fish,
10wildlife, parks, and forestry.".
SB55-ASA1-AA1,570,1613
70.112
(5) Motor vehicles, bicycles, snowmobiles. Every automobile,
14low-speed vehicle, motor bicycle, motor bus, motorcycle, motor truck, moped, road
15tractor, school bus, snowmobile, truck tractor, or other similar motor vehicle, or
16trailer or semitrailer used in connection therewith.".
SB55-ASA1-AA1,570,19
18"
Section 2114d. 70.32 (2) (c) 1. of the statutes is renumbered 70.32 (2) (c) 1.
19(intro.) and amended to read:
SB55-ASA1-AA1,570,2020
70.32
(2) (c) 1. (intro.) "Agricultural land" means
land, all of the following:
SB55-ASA1-AA1,570,22
21a. Land, exclusive of buildings and improvements, that is devoted primarily to
22agricultural use, as defined by rule.
SB55-ASA1-AA1,571,6
170.32
(2) (c) 1. b. For every acre of agricultural land under subd. 1. a. that a
2person owns, nine-tenths of an acre of land, exclusive of buildings and
3improvements, that is classified under par. (a) 5. or 6.; that is contiguous to
4agricultural land under subd. 1. a., including land that is separated from
5agricultural land under subd. 1. a. only by a road; and that is owned by the person
6that owns the contiguous agricultural land under subd. 1. a.
SB55-ASA1-AA1,571,138
70.32
(2r) (c) For the assessment as of the January 1 after the valuation method
9under par. (b) no longer applies and for each assessment thereafter, agricultural land
10shall be assessed according to the income that could be generated from its rental for
11agricultural use
, except that the agricultural land under sub. (2) (c) 1. b. shall be
12assessed as pasture land, as provided in the assessment manual published under s.
1373.03 (2a).".
SB55-ASA1-AA1,571,2318
70.32
(2) (c) 4. "Swampland or wasteland" means bog
,; marsh
,; lowland brush
,; 19uncultivated land zoned as shoreland under s. 59.692 and shown as a wetland on a
20final map under s.
23.32 278.32; undeveloped land that is not classified under this
21subsection as agricultural or as productive forest land and that is part of a parcel that
22is designated as managed forest land under subch. VI of ch. 77; or other
23nonproductive lands not otherwise classified under this subsection.
SB55-ASA1-AA1,572,8
170.375
(4) (o) Actual and necessary reclamation and restoration costs
2associated with a mine in this state, including payments for future reclamation and
3postmining costs which are required by law or by department of
natural resources 4environmental management order and fees and charges under chs. 281, 285 or 289
5to 299, except s. 281.48, not otherwise deductible under this section. Any refunds of
6escrowed or reserve fund payments allowed as a deduction under this paragraph
7shall be taxed as net proceeds at the average effective tax rate for the years the
8deduction was taken.
SB55-ASA1-AA1,572,1310
70.395
(2) (dc) 1. Each person intending to submit an application for a mining
11permit shall pay $50,000 to the department of revenue for deposit in the investment
12and local impact fund at the time that the person notifies the department of
natural
13resources environmental management under s. 293.31 (1) of that intent.
SB55-ASA1-AA1,572,2315
70.395
(2) (j) Prior to the beginning of a fiscal year, the board shall certify to
16the department of administration for payment from the investment and local impact
17fund any sum necessary for the department of
natural resources environmental
18management to make payments under s. 289.68 (3) for the long-term care of mining
19waste sites, if moneys in the waste management fund are insufficient to make
20complete payments during that fiscal year, but this sum may not exceed the balance
21in the waste management fund at the beginning of that fiscal year or 50% of the
22balance in the investment and local impact fund at the beginning of that fiscal year,
23whichever amount is greater.
SB55-ASA1-AA1,573,10
170.395
(2) (k) Prior to the beginning of each fiscal year, the board shall certify
2to the department of administration for payment from the investment and local
3impact fund any sum necessary for the department of
natural resources 4environmental management to make payments under s. 292.31 for the
5environmental repair of mining waste sites, if moneys in the environmental fund
6that are available for environmental repair are insufficient to make complete
7payments during that fiscal year. This sum may not exceed the balance in the
8environmental fund at the beginning of that fiscal year or 50% of the balance in the
9investment and local impact fund at the beginning of that fiscal year, whichever
10amount is greater.".
SB55-ASA1-AA1,573,2213
70.35
(1) To determine the amount and value of any personal property for
14which any person, firm or corporation should be assessed, any assessor may examine
15such person or the managing agent or officer of any firm or corporation under oath
16as to all such items of personal property, the taxable value thereof as defined in s.
1770.34 if the property is taxable and the
fair full market value
, as determined under
18s. 79.095 (3) (b), if the property is exempt under s. 70.11 (39). In the alternative the
19assessor may require such person, firm or corporation to submit a return of such
20personal property and of the taxable value thereof. There shall be annexed to such
21return the declaration of such person or of the managing agent or officer of such firm
22or corporation that the statements therein contained are true.
SB55-ASA1-AA1,574,12
170.35
(2) The return shall be made and all the information therein requested
2given by such person on a form prescribed by the assessor with the approval of the
3department of revenue which shall provide suitable schedules for such information
4bearing on value as the department deems necessary to enable the assessor to
5determine the true cash value of the taxable personal property
,; and
the full value 6of the personal property that is exempt under s. 70.11 (39),
as determined under s.
779.095 (3) (b); that is owned or in the possession of such person on January 1 as
8provided in s. 70.10. The return may contain methods of deriving assessable values
9from book values and for the conversion of book values to present values, and a
10statement as to the accounting method used. No person shall be required to take
11detailed physical inventory for the purpose of making the return required by this
12section.".
SB55-ASA1-AA1,575,1515
70.511
(2) (b) If the reviewing authority reduces the value of the property in
16question, or determines that manufacturing property is exempt, the taxpayer may
17file a claim for refund of taxes resulting from the reduction in value or determination
18that the property is exempt.
If Except as provided in par. (bm), if a claim for refund
19is filed with the clerk of the municipality on or before the November 1 following the
20decision of the reviewing authority, the claim shall be payable to the taxpayer from
21the municipality no later than January 31 of the succeeding year.
A Except as
22provided in par. (bm), a claim filed after November 1 shall be paid to the taxpayer by
23the municipality no later than the 2nd January 31 after the claim is filed.
Interest 24Except for claims related to property assessed under s. 70.995, interest on the claim
1at the rate of 0.8% per month shall be paid to the taxpayer when the claim is paid.
2Interest on claims related to property assessed under s. 70.995 shall be paid when
3the claim is made at the average annual discount interest rate determined by the last
4auction of 6-month U.S. treasury bills before an appeal or objection is filed under s.
570.995 (8) or 10% per year, whichever is less. If the taxpayer requests a
6postponement of proceedings before the reviewing authority, interest on the claim
7shall permanently stop accruing at the date of the request. If the hearing is
8postponed at the request of the taxpayer, the reviewing authority shall hold a
9hearing on the appeal within 30 days after the postponement is requested unless the
10taxpayer agrees to a longer delay. If the reviewing authority postpones the hearing
11without a request by the taxpayer, interest on the claim shall continue to accrue. No
12interest may be paid if the reviewing authority determines under s. 70.995 (8) (a) that
13the value of the property was reduced because the taxpayer supplied false or
14incomplete information. If taxes are refunded, the municipality may proceed under
15s. 74.41.
SB55-ASA1-AA1,575,2117
70.511
(2) (bm) A municipality may pay a refund under par. (b) of the taxes on
18property that is assessed under s. 70.995 in 5 annual installments, each of which
19except the last is equal to at least 20% of the sum of the refund and the interest on
20the refund that is due, beginning on the date under par. (b), if all of the following
21conditions exist:
SB55-ASA1-AA1,575,2322
1. The municipality's property tax levy for its general operations for the year
23for which the taxes to be refunded are due is less than $100,000,000.