LRB-0903/1
JK:cjs:md
2009 - 2010 LEGISLATURE
February 17, 2009 - Introduced by Representatives Dexter, Sherman, Barca,
Berceau
and Smith, cosponsored by Senators Vinehout, Jauch and Kreitlow.
Referred to Committee on Ways and Means.
AB68,1,4 1An Act to amend 79.10 (2) (a), 79.10 (2) (b), 79.10 (7m) (c) 1., 79.10 (7m) (c) 2.,
279.10 (7m) (cm) 1. a., 79.10 (7m) (cm) 1. b., 79.10 (7m) (cm) 2. a. and 79.10 (7m)
3(cm) 2. b. of the statutes; relating to: the distribution of the first dollar property
4tax credit.
Analysis by the Legislative Reference Bureau
Under current law, the total amount of the school levy and lottery and gaming
property tax credits is distributed to counties. The counties then distribute the
amounts that they receive to the municipalities located in the counties. A
municipality, however, may receive its share of the school levy and lottery and
gaming credits directly from the state if the total amount of such credits due to the
municipality is at least $3,000,000 or if the municipality allows the payment of
property taxes in three or more installments. Under current law, the total amount
of the first dollar property tax credit is distributed to the municipalities. The first
dollar credit is applied to every parcel of real property with improvements located in
a municipality.
Under this bill, the total amount of the first dollar credit is distributed to
counties and the counties distribute the amounts they receive to the municipalities
located in the counties. A municipality, however, may receive its share of the first
dollar credit directly from the state if the total amount of that credit plus the school
levy and lottery and gaming credits that is due to the municipality is at least
$3,000,000 or if the municipality allows the payment of property taxes in three or
more installments.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB68, s. 1 1Section 1. 79.10 (2) (a) of the statutes is amended to read:
AB68,2,82 79.10 (2) (a) On or before December 1 of the year preceding the distribution
3under sub. (7m) (a), the department of revenue shall notify the clerk of each town,
4village and city of the estimated fair market value, as determined under sub. (11) (c),
5to be used to calculate the lottery and gaming credit under sub. (5) and of the amount
6to be distributed to it under sub. (7m) (a) on the following 4th Monday in July or (cm).
7The anticipated receipt of such distribution shall not be taken into consideration in
8determining the tax rate of the municipality but shall be applied as tax credits.
AB68, s. 2 9Section 2. 79.10 (2) (b) of the statutes is amended to read:
AB68,2,1610 79.10 (2) (b) On or before December 1 of the year preceding the distribution
11under sub. (7m) (c), the department of revenue shall notify the clerk of each town,
12village, and city of the estimated fair market value, as determined under sub. (11)
13(d), used to calculate the first dollar credit under sub. (5m) and of the amount to be
14distributed to it under sub. (7m) (c) on the following 4th Monday in July or (cm). The
15anticipated receipt of such distribution shall not be taken into consideration in
16determining the tax rate of the municipality but shall be applied as tax credits.
AB68, s. 3 17Section 3. 79.10 (7m) (c) 1. of the statutes is amended to read:
AB68,2,2018 79.10 (7m) (c) 1. The Except as provided in par. (cm), the amount determined
19under sub. (5m) shall be distributed from the appropriation under s. 20.835 (3) (b)
20by the department of administration to the counties on the 4th Monday in July.
AB68, s. 4 21Section 4. 79.10 (7m) (c) 2. of the statutes is amended to read:
AB68,3,8
179.10 (7m) (c) 2. The town, village, or city Except as provided in par. (cm), the
2county
treasurer shall settle for the amounts distributed on the 4th Monday in July
3under this paragraph with the appropriate each municipality and taxing jurisdiction
4in the
county treasurer not later than August 15 20. Failure to settle timely under
5this subdivision subjects the town, village, or city county treasurer to the penalties
6under s. 74.31. On or before August 20, the county treasurer shall settle with each
7taxing jurisdiction, including towns, villages, and cities except 1st class cities, in the
8county.
AB68, s. 5 9Section 5. 79.10 (7m) (cm) 1. a. of the statutes is amended to read:
AB68,3,1610 79.10 (7m) (cm) 1. a. If, in any year, the total of the amounts determined under
11subs. (4) and, (5), and (5m) for any municipality is $3,000,000 or more, the
12municipality, with the approval of the majority of the members of the municipality's
13governing body, may notify the department of administration to distribute the
14amounts directly to the municipality and the department of administration shall
15distribute the amounts at the time and in the manner provided under pars. (a) 1. and,
16(b) 1., and (c) 1.
AB68, s. 6 17Section 6. 79.10 (7m) (cm) 1. b. of the statutes is amended to read:
AB68,3,2418 79.10 (7m) (cm) 1. b. The treasurer of the municipality shall settle for the
19amounts distributed under par. pars. (a) 1. and (c) 1. on the 4th Monday in July with
20the appropriate county treasurer not later than August 15. Failure to settle timely
21under this subdivision subjects the treasurer of the municipality to the penalties
22under s. 74.31. On or before August 20, the county treasurer shall settle with each
23taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the
24county.
AB68, s. 7 25Section 7. 79.10 (7m) (cm) 2. a. of the statutes is amended to read:
AB68,4,4
179.10 (7m) (cm) 2. a. The department of administration shall distribute the
2amounts determined under subs. (4) and, (5), and (5m) directly to any municipality
3that enacts an ordinance under s. 74.12 at the time and in the manner provided
4under pars. (a) 1. and, (b) 1., and (c) 1.
AB68, s. 8 5Section 8. 79.10 (7m) (cm) 2. b. of the statutes is amended to read:
AB68,4,126 79.10 (7m) (cm) 2. b. The treasurer of the municipality shall settle for the
7amounts distributed under par. pars. (a) 1. and (c) 1. on the 4th Monday in July with
8the appropriate county treasurer not later than August 15. Failure to settle timely
9under this subdivision subjects the treasurer of the municipality to the penalties
10under s. 74.31. On or before August 20, the county treasurer shall settle with each
11taxing jurisdiction, including towns, villages, and cities, except 1st class cities, in the
12county.
AB68, s. 9 13Section 9. Initial applicability.
AB68,4,1414 (1) This act first applies to distributions in 2009.
AB68,4,1515 (End)
Loading...
Loading...