66.75(1m)(c)2.a.a. If the commission is created by more than one municipality in a zone, the commission shall consist of 3 members from each municipality in which annual tax collections exceed $1,000,000, 2 members from each municipality in which annual tax collections exceed $300,000 but are not more than $1,000,000 and one member from each municipality in which annual tax collections are $300,000 or less. Except as provided in
subd. 2. b., members shall be appointed under
subd. 3.
66.75(1m)(c)2.b.
b. Two additional members, who represent the Wisconsin hotel and motel industry, shall be appointed to the commission by the chairperson of the commission, shall serve for a one-year term at the pleasure of the chairperson and may be reappointed.
66.75(1m)(c)3.
3. Members of the commission shall be appointed by the principal elected official in the municipality and shall be confirmed by a majority vote of the members of the municipality's governing body who are present when the vote is taken. Commissioners shall serve for a one-year term, at the pleasure of the appointing official, and may be reappointed.
66.75(1m)(c)4.
4. The commission shall meet regularly, and, from among its members, it shall elect a chairperson, vice chairperson and secretary.
66.75(1m)(c)5.
5. The commission shall report any delinquencies or inaccurate reporting to the municipality that is due the tax.
66.75(1m)(d)1.1. A municipality that first imposes a room tax under
par. (a) after May 13, 1994, shall spend at least 70% of the amount collected on tourism promotion and development. Any amount of room tax collected that must be spent on tourism promotion and development shall either be spent directly by the municipality on tourism promotion and development or shall be forwarded to the commission for its municipality or zone if the municipality has created a commission.
66.75(1m)(d)2.
2. If a municipality collects a room tax on May 13, 1994, it may retain not more than the same percentage of the room tax that it retains on May 13, 1994. If a municipality that collects a room tax on May 1, 1994, increases its room tax after May 1, 1994, the municipality may retain not more than the same percentage of the room tax that it retains on May 1, 1994, except that if the municipality is not exempt under
par. (am) from the maximum tax that may be imposed under
par. (a), the municipality shall spend at least 70% of the increased amount of room tax that it begins collecting after May 1, 1994, on tourism promotion and development. Any amount of room tax collected that must be spent on tourism promotion and development shall either be spent directly by the municipality on tourism promotion and development or shall be forwarded to the commission for its municipality or zone if the municipality has created a commission.
66.75(1m)(d)3.
3. A commission shall use the room tax revenue that it receives from a municipality to promote and develop tourism, including the support of a convention center, in the zone or in the municipality.
66.75(1m)(d)4.
4. The commission shall report annually to each municipality from which it receives room tax revenue the purposes for which the revenues were spent.
66.75(1m)(d)5.
5. The commission may not use any of the room tax revenue to construct or develop a lodging facility.
66.75(1m)(e)1.1. Subject to
subd. 2., a district may adopt a resolution imposing a room tax under
par. (a) in an amount not to exceed 3% of total room charges. A majority of the authorized members of the district's board may vote that, if the balance in a special debt service reserve fund of the district is less than the requirement under
s. 229.50 (5), the room tax imposed by the district under this subdivision is 3% of total room charges beginning on the next January 1, April 1, July 1 or October 1 after the payment and this tax is irrepealable if any bonds issued by the district and secured by the special debt service reserve fund are outstanding. A room tax imposed by a district under this subdivision applies within the district's jurisdiction, as specified in
s. 229.43, and the proceeds of the tax may be used only for the district's debt service on its bond obligations. If a district stops imposing and collecting a room tax, the district's sponsoring municipality may impose and collect a room tax under
par. (a) on the date on which the district stops imposing and collecting its room tax.
66.75(1m)(e)2.
2. In addition to the room tax that a district may impose under
subd. 1., if the district's only sponsoring municipality is a 1st class city, the district may adopt a resolution imposing an additional room tax. The additional percentage of room tax under this subdivision shall be equal to the percentage of room tax imposed by the sponsoring municipality on the date on which the sponsoring municipality agrees to stop imposing and collecting its room tax, as described under
s. 229.44 (15). A district shall begin collecting the additional room tax imposed under this subdivision on the date on which the sponsoring municipality stops imposing and collecting its room tax. A room tax imposed by a district under this subdivision applies only within the borders of the sponsoring municipality and may be used for any lawful purpose of the district.
66.75(1m)(f)1.1. The department of revenue shall administer the tax that is imposed under
par. (a) by a district and may take any action, conduct any proceeding and impose interest and penalties.
66.75(1m)(f)2.
2. Sections 77.51 (14) (c),
(f) and
(j) and
(14g),
77.52 (3),
(4),
(6) and
(18),
77.58 (1) to
(5) and
(7),
77.59,
77.60,
77.61 (2),
(5),
(8),
(9) and
(12) to
(14) and
77.62, as they apply to the taxes under
subch. III of ch. 77, apply to the tax described under
subd. 1.
66.75(1m)(f)3.
3. From the appropriation under
s. 20.835 (4) (gg), the department of revenue shall distribute 97% of the taxes collected under this paragraph for each district to that district, no later than the end of the month following the end of the calendar quarter in which the amounts were collected. The taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments. Interest paid on refunds of the tax under this paragraph shall be paid from the appropriation under
s. 20.835 (4) (gg) at the rate under
s. 77.60 (1) (a). Any district that receives a report along with a payment under this subdivision or
subd. 2. is subject to the duties of confidentiality to which the department of revenue is subject under
s. 77.61 (5).
66.75(1m)(f)4.
4. Hotels and motels and the department of revenue may not collect taxes under this paragraph for any district after the calendar quarter during which all bonds issued by the district under
subch. II of ch. 229 during the first 60 months after April 26, 1994, and any bonds issued to fund or refund those bonds, are retired or for more than 2 years if bonds have not been issued during that time, except that the department may collect from hotels and motels taxes that accrued before that calendar quarter, or before the end of that 2-year period, and interest and penalties that relate to those taxes. If taxes are collected and no bonds are issued, the district may use the revenue for any lawful purpose.
66.75(1m)(f)5.
5. Persons who are subject to the tax under this subsection, if that tax is administered by the department of revenue, shall register with the department. Any person who is required to register, including any person authorized to act on behalf of a person who is required to register, who fails to do so is guilty of a misdemeanor.
66.75(2)
(2) As a means of enforcing the collection of any room tax imposed by a municipality or a district under
sub. (1m), the municipality or district may exchange audit and other information with the department of revenue and may do any of the following:
66.75(2)(a)
(a) Whenever the municipality or district has probable cause to believe that the correct amount of room tax has not been assessed or that the tax return is not correct, inspect and audit the financial records of any person subject to
sub. (1m) pertaining to the furnishing of accommodations to determine whether or not the correct amount of room tax is assessed and whether or not any room tax return is correct.
66.75(2)(b)
(b) Enact a schedule of forfeitures, not to exceed 5% of the tax under
sub. (1m) or
par. (c), to be imposed on any person subject to
sub. (1m) who fails to comply with a request to inspect and audit the person's financial records under
par. (a).
66.75(2)(c)
(c) Determine the tax under
sub. (1m) according to its best judgment if any person required to make a return fails, neglects or refuses to do so for the amount, in the manner and form and within the time prescribed by the municipality or district.
66.75(2)(d)
(d) Require each person who is subject to
par. (c) to pay an amount of taxes that the municipality or district determines to be due under
par. (c) plus interest at the rate of 1% per month on the unpaid balance. No refund or modification of the payment determined may be granted until the person files a correct room tax return and permits the municipality or district to inspect and audit his or her financial records under
par. (a).
66.75(2)(e)
(e) Enact a schedule of forfeitures, not to exceed 25% of the room tax due for the previous year under
sub. (1m) or
par. (c) or $5,000, whichever is less, to be imposed for failure to pay the tax under
sub. (1m).
66.75(3)
(3) The municipality shall provide by ordinance and the district shall provide by resolution for the confidentiality of information obtained under
sub. (2) but shall provide exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of a court. The municipality or district may provide for the publishing of statistics classified so as not to disclose the identity of particular returns. The municipality or district shall provide that persons violating ordinances or resolutions enacted under this subsection may be required to forfeit not less than $100 nor more than $500.
66.75 History
History: 1983 a. 189,
514;
1993 a. 263,
467,
491.
66.75 Annotation
City was authorized to enact room tax; gross receipts method was fair and reasonable way of calculating tax. Blue Top Motel, Inc. v. City of Stevens Point, 107 W (2d) 392, 320 NW (2d) 172 (1982).
66.77
66.77
Tax levy rate limit. 66.77(1)(1)
Definitions. In this section:
66.77(1)(a)
(a) "Debt levy" means the county purpose levy for debt service on loans under
subch. II of ch. 24, bonds issued under
s. 67.05 and promissory notes issued under
s. 67.12 (12), less any revenues that abate the levy.
66.77(1)(b)
(b) "Debt levy rate" means the debt levy divided by the equalized value of the county exclusive of any tax incremental district value increment.
66.77(1)(c)
(c) "Excess over the limit" means the amount of revenue received by a county that results from the county exceeding the limit under
sub. (2).
66.77(1)(d)
(d) "Operating levy" means the county purpose levy, less the debt levy.
66.77(1)(e)
(e) "Operating levy rate" means the total levy rate minus the debt levy rate.
66.77(1)(f)
(f) "Penalized excess" means the excess over the limit for the county.
66.77(1)(g)
(g) "Total levy rate" means the county purpose levy divided by the equalized value of the county exclusive of any tax incremental district value increment.
66.77(2)
(2) Limit. Except as provided in
sub. (3), no county may impose an operating levy at an operating levy rate that exceeds .001 or the operating levy rate in 1992, whichever is greater.
66.77(3)
(3) Referendum, responsibility transfers. 66.77(3)(a)1.1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election to be held not earlier than 30 days after the adoption of the resolution of the governing body.
66.77(3)(a)2.
2. The clerk of the county shall publish type A, B, C, D and E notices of the referendum under
s. 10.01 (2).
Section 5.01 (1) applies in the event of failure to comply with the notice requirements of this subdivision.
66.77(3)(a)3.
3. The referendum shall be held in accordance with
chs. 5 to
12. The governing body shall provide the election officials with all necessary election supplies. The form of the ballot shall correspond substantially with the standard form for referendum ballots prescribed by the elections board under
ss. 5.64 (2) and
7.08 (1) (a). If the resolution under
subd. 1. specifies the operating levy rate, the question shall be submitted as follows: "Under state law, the operating levy rate for the.... (name of county), for the tax to be imposed for the year.... (year), is limited to $.... per $1,000 of equalized value. Shall the.... (name of county) be allowed to exceed this rate limit for.... (a specified number of years) (an indefinite period) by $.... per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000 of equalized value?" If the resolution under
subd. 1. specifies the operating levy, the question shall be submitted as follows: "Under state law, the operating levy rate for the.... (name of county), for the tax to be imposed for the year.... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the operating levy rate limit, shall the.... (name of county) be allowed to levy an amount not to exceed $.... (operating levy) for operating purposes for the year.... (year), which may increase the operating levy rate for.... (a specified number of years) (an indefinite period)? This would allow a....% increase above the levy of $.... (preceding year operating levy) for the year.... (preceding year)."
66.77(3)(a)4.
4. Within 14 days after the referendum, the clerk of the county shall certify the results of the referendum to the department of revenue. A county may exceed the operating levy rate limit otherwise applicable to it under this section in that year by an amount not exceeding the amount approved by a majority of those voting on the question.
66.77(3)(b)1.1. If an increased operating levy rate is approved by a referendum under
par. (a) for a specified number of years, the increased operating levy rate shall be the operating levy rate limit for that number of years for purposes of this section. If an increased operating levy rate is approved by a referendum under
par. (a) for an indefinite period, the increased operating levy rate shall be the operating levy rate limit for purposes of this section.
66.77(3)(b)2.
2. If an increased operating levy is approved by a referendum under
par. (a), the increased operating levy shall be used to calculate the operating levy rate limit for the approved year for purposes of this section. After the approved year, the operating levy rate limit in the approved year or the operating levy rate limit that would have been applicable if there had been no referendum, whichever is greater, shall be the limit for the specified number of years or for an indefinite period for purposes of this section.
66.77(3)(c)1.1. If a county transfers to another governmental unit responsibility for providing any service that the county provided in the preceding year, the levy rate limit otherwise applicable under this section to the county in the current year is decreased to reflect the cost that the county would have incurred to provide that service, as determined by the department of revenue.
66.77(3)(c)2.
2. If a county increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in any year, the levy rate limit otherwise applicable under this section to the county in the current year is increased to reflect the cost of that service, as determined by the department of revenue.
66.77(4)
(4) Penalties. If the department of revenue determines that a county has a penalized excess in any year, the department of revenue shall do all of the following:
66.77(4)(a)
(a) Reduce the amount of the shared revenue payments to the county under
subch. I of ch. 79 in the following year by an amount equal to the amount of the penalized excess.
66.77(4)(b)
(b) If the amount of the reduction made under
par. (a) is insufficient to recover fully the amount of the penalized excess, request the department of transportation to reduce the aids paid in that following year to the county under
s. 86.30 (2) (e) by the amount needed to recover as much of the remainder as is possible.
66.77(4)(c)
(c) Ensure that the amount of any reductions in shared revenue payments under
par. (a) lapses to the general fund.
66.77(4)(d)
(d) Ensure that the amount of the penalized excess is not included in determining the limit described under
sub. (2) for the county for the following year.
66.77(5)
(5) Rate comparison. Annually, the department of revenue shall compare the operating levy rate limit of each county under this section to the actual operating levy rate imposed by the county.
66.77 History
History: 1993 a. 16,
490.
66.80
66.80
Benefit funds for officers and employes of first class cities. 66.80(1)(1) In all 1st class cities in this state, whether organized under general or special charter, annuity and benefit funds shall be created, established, maintained and administered by each city for all officers and employes of the city, who at the time this section shall come into effect are not contributors, participants or beneficiaries in any pension fund now in operation in such city by authority of law; provided that before this section shall be in effect in any city to which it applies, it must first have been approved by a majority vote of the members elect of the common council of the city.
66.80(2)
(2) Upon approval by a majority vote of the members of the common council of such city the common council shall create a retirement board, the members of which shall serve without compensation, which board shall have full power and authority to administer such annuity and benefit fund, and to make such rules and regulations under which all participants shall contribute to and receive benefits from such fund. Three members of the retirement board shall be city employes elected by the members of the retirement system and shall serve 4-year terms and 5 members shall be appointed under
s. 66.146 and shall serve 3-year terms. The common council may provide for contribution by the city to such annuity and benefit fund. The executive director of the retirement board shall be appointed under
s. 66.146.
66.80(3)
(3) The common council of such city may provide for annuity and benefit funds for officers and employes of boards, agencies, departments, commissions and divisions of the city government, including a housing authority created under the provisions of
s. 66.40.
66.80 History
History: 1987 a. 382;
1995 a. 225.
66.805
66.805
Death benefit payments to foreign beneficiaries. A retirement system of any city of the first class may provide by appropriate enactment of the local legislative body that no beneficiary may be designated for the payment of any retirement allowance, pension or proceeds of a member of such retirement system if such beneficiary is not a resident of either the United States or Canada. If a beneficiary is designated who is neither a resident of the United States nor Canada, any contributions or retirement allowance which would have been paid to the beneficiary had the beneficiary been a resident of either the United States or Canada shall be deemed payable to the estate of the deceased member of such retirement system. The local legislative body of the city of the first class may also provide by appropriate enactment that if a death benefit would be payable because of the death of a member of the retirement system and the designated beneficiary of such death benefit is not a resident of either the United States or Canada, the death benefit which would have been paid had the designated beneficiary been a resident of either the United States or Canada, shall be deemed payable to the estate of the deceased member.
66.805 History
History: 1991 a. 316.
66.81
66.81
Exemption of funds and benefits from taxation, execution and assignment. All moneys and assets of any retirement system of any city of the first class and all benefits and allowances and every portion thereof, both before and after payment to any beneficiary, granted under any such retirement system shall be exempt from any state, county or municipal tax or from attachment or garnishment process, and shall not be seized, taken, detained or levied upon by virtue of any executions, or any process or proceeding whatsoever issued out of or by any court of this state, for the payment and ratification in whole or in part of any debt, claim, damage, demand or judgment against any member of or beneficiary under any such retirement system, and no member of or beneficiary under any such retirement system shall have any right to assign any benefit or allowance, or any part thereof, either by way of mortgage or otherwise; however, this prohibition shall not apply to assignments made for the payment of insurance premiums. The exemption from taxation contained herein shall not apply with respect to any tax on income.
66.81 History
History: 1991 a. 316.
66.81 Annotation
Although this section prohibits court order awarding portion of pension fund to nonemploye spouse, court may order employe spouse to make specific payout selection under the retirement plan. Marriage of Lindsey v. Lindsey, 140 W (2d) 684, 412 NW (2d) 132 (Ct. App. 1987).
66.82
66.82
Investment of retirement funds in 1st class cities. The board of any retirement system in a 1st class city, whose funds are independent of control by the investment board, shall have the power in addition to others provided to invest funds from the system, in excess of the amount of cash required for current operations, in loans, securities and any other investments authorized for investment of funds of the public employe trust fund under
s. 25.17 (3) (a) and
(4). The independent retirement system board shall be then subject to the conditions imposed on the investment board in making the investments under
s. 25.17 (3) (e) to
(g),
(4),
(7),
(8) and
(15) but is exempt from the operation of
ch. 881. In addition to all other authority for the investment of funds granted to the board of any retirement system of a 1st class city whose funds are independent of the control of the investment board, the retirement system board of the city may invest its funds in accordance with s.
206.34, 1969 stats. In making investments under this section, the board of a retirement system of a 1st class city may invest in shares of investments authorized under this section.
66.88(1)
(1) "Capital costs" means the cost of acquiring, purchasing, adding to, leasing, planning, designing, constructing, extending and improving all or any part of a sewerage system and of paying principal, interest or premiums on any indebtedness incurred for these purposes.
66.88(2)
(2) "Combined sewer overflow abatement" means decreasing discharges of a combination of storm and sanitary wastewater or storm and industrial wastewater directly or indirectly to the waters of the state that occur when the volume of wastewater flow exceeds the transport capacity of a combined storm and sanitary sewer system.
66.88(3)
(3) "Commission" means the metropolitan sewerage commission created under
s. 66.882.
66.88(4)
(4) "District" means the metropolitan sewerage district created under
s. 66.882.
66.88(5)
(5) "Interceptor sewer" means a sewer that:
66.88(5)(a)
(a) Is constructed, maintained and operated by the district;
66.88(5)(b)
(b) Is either a force main sanitary sewer with a diameter greater than 12 inches or a gravity flow sanitary sewer with a diameter greater than 24 inches; and
66.88(5)(c)
(c) Performs any of the following functions:
66.88(5)(c)1.
1. Receives and conveys sanitary sewage from a sanitary sewage collection system directly or indirectly to a sewage treatment facility.
66.88(5)(c)2.
2. Temporarily collects and stores excessive sewage flow until existing treatment plant capacity is available.
66.88(6)
(6) "Local sewer" means any sewer constructed, operated or maintained by any municipality. "Local sewer" does not include any sewer that has been incorporated into the sewerage system under
s. 66.896 (2). If the classification of any sewer is unclear, the presumption shall be that the sewer is local.
66.88(7)
(7) "Municipality" means any city, town, village, sanitary district organized under
subch. IX of ch. 60 or metropolitan sewerage district organized under
ss. 66.20 to
66.26 that is located wholly or partially within the district or that contracts for services under
s. 66.898.
66.88(8)
(8) "Operating costs" means the costs of controlling, operating, managing or maintaining the sewerage system. "Operating costs" also includes replacement costs.
66.88(9)
(9) "Replacement costs" means the costs of obtaining and installing equipment, accessories or appurtenances that are necessary during the service life of the district's sewerage system to maintain the capacity and performance for which the sewerage system was designed and constructed.
66.88(10)
(10) "Sewerage service area" means the area of the district and the area for which service is provided by contract under
s. 66.898.
66.88(11)
(11) "Sewerage system" means all facilities of the district for collection, transportation, storage, pumping, treatment and final disposition of sewage. "Sewerage system" does not include any private sewage system, as defined in
s. 145.01 (12), or any local sewer.
66.88(12)
(12) "User" means any owner or occupant of any building or lot that is located within the sewerage service area and is furnished with sewerage service.
