66.0602(3)(d)2.
2. The limit otherwise applicable under this section does not apply to amounts levied by a political subdivision for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision, interest on outstanding obligations of the political subdivision, or the payment of related issuance costs or redemption premiums, authorized on or after July 1, 2005, and secured by the full faith and credit of the political subdivision.
66.0602(3)(d)3.
3. The limit otherwise applicable under this section does not apply to amounts levied by a county having a population of 500,000 or more for the payment of debt service on appropriation bonds issued under
s. 59.85, including debt service on appropriation bonds issued to fund or refund outstanding appropriation bonds of the county, to pay related issuance costs or redemption premiums, or to make payments with respect to agreements or ancillary arrangements authorized under
s. 59.86.
66.0602(3)(d)4.
4. If the amount of a lease payment related to a lease revenue bond for a political subdivision in the preceding year is less than the amount of the lease payment needed in the current year, as a result of the issuance of a lease revenue bond before July 1, 2005, the levy increase limit otherwise applicable under this section to the political subdivision in the current year is increased by the difference between these 2 amounts.
66.0602(3)(d)5.
5. The limit otherwise applicable under this section does not apply to amounts levied by a 1st class city for the payment of debt service on appropriation bonds issued under
s. 62.62, including debt service on appropriation bonds issued to fund or refund outstanding appropriation bonds of the city, to pay related issuance costs or redemption premiums, or to make payments with respect to agreements or ancillary arrangements authorized under
s. 62.621.
66.0602(3)(dm)
(dm) If the department of revenue does not certify a value increment for a tax incremental district for the current year as a result of the district's termination, the levy increase limit otherwise applicable under this section in the current year to the political subdivision in which the district is located is increased by an amount equal to the political subdivision's maximum allowable levy for the immediately preceding year, multiplied by a percentage equal to 50 percent of the amount determined by dividing the value increment of the terminated tax incremental district, calculated for the previous year, by the political subdivision's equalized value for the previous year, all as determined by the department of revenue.
66.0602(3)(e)
(e) The limit otherwise applicable under this section does not apply to any of the following:
66.0602(3)(e)1.
1. The amount that a county levies in that year for a county children with disabilities education board.
66.0602(3)(e)2.
2. The amount that a 1st class city levies in that year for school purposes.
66.0602(3)(e)3.
3. The amount that a county levies in that year under
s. 82.08 (2) for bridge and culvert construction and repair.
66.0602(3)(e)4.
4. The amount that a county levies in that year to make payments to public libraries under
s. 43.12.
66.0602(3)(e)5.
5. The amount that a political subdivision levies in that year to make up any revenue shortfall for the debt service on a revenue bond issued under
s. 66.0621 by the political subdivision or by a joint fire department if the joint fire department uses the proceeds of the bond to pay for a fire station and assesses the political subdivision for its share of that debt, under an agreement entered into under
s. 66.0301, which is incurred by the joint fire department but is the responsibility of the political subdivision.
66.0602(3)(e)6.
6. The amount that a county levies in that year for a countywide emergency medical system.
66.0602(3)(e)7.
7. The amount that a village levies in that year for police protection services, but this subdivision applies only to a village's levy for the year immediately after the year in which the village changes from town status and incorporates as a village, and only if the town did not have a police force.
66.0602(3)(e)8.
8. The amount that a political subdivision levies in that year to pay the unreimbursed expenses related to an emergency declared under
s. 323.10, including any amounts levied in that year to replenish cash reserves that were used to pay any unreimbursed expenses related to that emergency. A levy under this subdivision that relates to a particular emergency initially shall be imposed in the year in which the emergency is declared or in the following year.
66.0602(3)(e)9.
9. The political subdivision's share of any refund or rescission determined by the department of revenue and certified under
s. 74.41 (5).
66.0602(3)(f)1.1. Subject to
subd. 3., if a political subdivision's allowable levy under this section in 2010 was greater than its actual levy in 2010, the levy increase limit otherwise applicable under this section to the political subdivision in 2011 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2010.
66.0602(3)(f)2.
2. Subject to
subd. 3., if a political subdivision's allowable levy under this section in 2011 was greater than its actual levy in 2011, the levy increase limit otherwise applicable under this section to the political subdivision in 2012 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2011.
66.0602(3)(f)3.
3. The adjustment described in
subds. 1. and
2. may occur only if the political subdivision's governing body approves of the adjustment by one of the following methods:
66.0602(3)(f)3.a.
a. With regard to a city, village, or county, if the governing body consists of at least 5 members, by a three-quarters majority vote of the governing body.
66.0602(3)(f)3.b.
b. With regard to a city, village, or county, if the governing body consists of fewer than 5 members, by a two-thirds majority vote of the governing body.
66.0602(3)(f)3.c.
c. With a regard to a town, by a majority vote of the annual town meeting, or a special town meeting, if the town board has adopted a resolution approving of the adjustment by a two-thirds majority vote of the town board.
66.0602(3)(f)4.
4. If a political subdivision's allowable levy under this section in 2012, or any year thereafter, was greater than its actual levy in that year, the levy increase limit otherwise applicable under this section to the political subdivision in the next succeeding year is increased by the difference between the prior year's allowable levy and the prior year's actual levy, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in that prior year.
66.0602(3)(g)
(g) If a county has provided a service in a part of the county in the preceding year and if a city, village, or town has provided that same service in another part of the county in the preceding year, and if the provision of that service is consolidated at the county level, the levy increase limit otherwise applicable under this section to the county in the current year is increased to reflect the total cost of providing that service, as determined by the department of revenue.
66.0602(3)(h)1.1. Subject to
subd. 2., the limit otherwise applicable under this section does not apply to the amount that a city, village, or town levies in that year to pay for charges assessed by a joint fire department, but only to the extent that the amount levied to pay for such charges would cause the city, village, or town to exceed the limit that is otherwise applicable under this section.
66.0602(3)(h)2.
2. The exception to the limit that is described under
subd. 1. applies only if all of the following apply:
66.0602(3)(h)2.a.
a. The total charges assessed by the joint fire department for the current year increase, relative to the total charges assessed by the joint fire department for the previous year, by a percentage that is less than or equal to the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year of the levy, plus 2 percent.
66.0602(3)(h)2.b.
b. The governing body of each city, village, and town that is served by the joint fire department adopts a resolution in favor of exceeding the limit as described in
subd. 1.
66.0602(3)(i)1.1. If a political subdivision enters into an intergovernmental cooperation agreement under
s. 66.0301 to jointly provide a service on a consolidated basis with another political subdivision, and if one of the political subdivisions increases its levy from the previous year by an amount the parties to the agreement agree is needed to provide a more equitable distribution of payments for services received, the levy increase limit otherwise applicable under this section to that political subdivision in the current year is increased by that agreed amount.
66.0602(3)(i)2.
2. If a political subdivision increases its levy as described in
subd. 1. the other political subdivision, which is a party to the intergovernmental cooperation agreement and has agreed to the adjustment under
subd. 1., shall decrease its levy in the current year by the same amount that the first political subdivision is allowed to increase its levy under
subd. 1.
66.0602(3)(j)1.1. Subject to
subd. 2., if a municipality experiences a shortfall in its general fund due to a loss of revenue received by the municipality from the sale of water or another commodity to a manufacturing facility as a result of the manufacturer discontinuing operations at the facility, the limit otherwise applicable under this section may be increased by the amount that the municipality levies to make up for the revenue shortfall.
66.0602(3)(j)2.
2. The maximum adjustment claimed under
subd. 1. shall equal the revenue received by the municipality from the sale of water or another commodity, as described in
subd. 1., in the year prior to the year in which the manufacturing facility closed. A municipality may claim the adjustment in more than one year, except that the sum of all such adjustments may not exceed the revenue loss to the municipality's general fund in the year that the manufacturer discontinues operations at the facility.
66.0602(3)(k)1.1. Subject to
subds. 2. and
3., if the village of Shorewood reduces its levy from the amount it would have levied for 2011 if not for an error in the valuation of Tax Incremental District Number 1 in the village, to compensate for that error, the limit otherwise applicable under this section to the village in 2012 is increased by the amount of the reduction, as determined by the department of revenue. The amounts added to the village's limit for 2012 under this subdivision may not exceed the amount by which the village underutilized its limit for 2011, as determined by the department of revenue.
66.0602(3)(k)2.
2. If the village of Shorewood applies funds from the village's general fund in 2011 to replace amounts not levied to compensate for an error in the valuation of Tax Incremental District Number 1 in the village, the limits otherwise applicable under this section to the village in 2012 and 2013 are increased by the amount applied from the general fund in 2011, as determined by the department of revenue. The village's limit increases under this subdivision for 2012 and 2013 do not increase the village's limit for any subsequent year.
66.0602(3)(k)3.
3. The combined amount of increased levy in 2012 and 2013 by the village of Shorewood under
subd. 2. may not exceed the amount of the funds applied from the general fund to replace amounts not levied in 2011 to compensate for an error in the valuation of Tax Incremental District Number 1 in the village.
66.0602(3)(L)
(L) If the village of Warrens reduces its levy from the amount it would have levied for 2012 if not for an error in the valuation of Tax Incremental District Number 1 in the village, to compensate for that error, the limit otherwise applicable under this section to the village in 2013 is increased by the amount of the reduction, as determined by the department of revenue. The amounts added to the village's limit for 2013 under this paragraph may not exceed the amount by which the village underutilized its limit for 2012, as determined by the department of revenue.
66.0602(3)(Lm)
(Lm) If the city of Fox Lake reduces its levy from the amount it would have levied for 2012 if not for an error in the valuation of Tax Incremental District Number 1 in the city, to compensate for that error, the limit otherwise applicable under this section to the city in 2013 is increased by the amount of the reduction, as determined by the department of revenue. The amounts added to the city's limit for 2013 under this paragraph may not exceed the amount by which the city underutilized its limit for 2012, as determined by the department of revenue.
66.0602 Note
NOTE: Par. (Lm) was created as par. (L) by
2011 Wis. Act 145 and renumbered to par. (Lm) by the legislative reference bureau under s. 13.92 (1) (bm) 2.
66.0602(4)(a)(a) A political subdivision may exceed the levy increase limit under
sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under
sub. (2), and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or partisan primary or general election.
66.0602(4)(b)
(b) The clerk of the political subdivision 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 paragraph.
66.0602(4)(c)
(c) The referendum shall be held in accordance with
chs. 5 to
12. The political subdivision 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). The question shall be submitted as follows: "Under state law, the increase in the levy of the .... (name of political subdivision) for the tax to be imposed for the next fiscal year, .... (year), is limited to ....%, which results in a levy of $.... Shall the .... (name of political subdivision) be allowed to exceed this limit and increase the levy for the next fiscal year, .... (year), by a total of ....%, which results in a levy of $....?".
66.0602(4)(d)
(d) Within 14 days after the referendum, the clerk of the political subdivision shall certify the results of the referendum to the department of revenue. The levy increase limit otherwise applicable to the political subdivision under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. If the resolution specifies that the increase is for one year only, the amount of the increase shall be subtracted from the base used to calculate the limit for the 2nd succeeding fiscal year.
66.0602(5)
(5) Exception, certain towns. A town with a population of less than 2,000 may exceed the levy increase limit otherwise applicable under this section to the town if the town board adopts a resolution supporting an increase and places the question on the agenda of an annual town meeting or a special town meeting and if the annual or special town meeting adopts a resolution endorsing the town board's resolution. The limit otherwise applicable to the town under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. Within 14 days after the adoption of the resolution, the town clerk shall certify the results of the vote to the department of revenue.
66.0602(6)
(6) Penalties. Except as provided in
sub. (6m), if the department of revenue determines that a political subdivision has a penalized excess in any year, the department of revenue shall do all of the following:
66.0602(6)(a)
(a) Reduce the amount of county and municipal aid payments to the political subdivision under
s. 79.035 in the following year by an amount equal to the amount of the penalized excess.
66.0602(6)(b)
(b) Ensure that the amount of any reductions in county and municipal aid payments under
par. (a) lapses to the general fund.
66.0602(6)(c)
(c) Ensure that the amount of the penalized excess is not included in determining the limit described under
sub. (2) for the political subdivision for the following year.
66.0602(6)(d)
(d) Ensure that, if a political subdivision's penalized excess exceeds the amount of aid payment that may be reduced under
par. (a), the excess amount is subtracted from the aid payments under
par. (a) in the following years until the total amount of penalized excess is subtracted from the aid payments.
66.0602(6m)
(6m) Mistakes in levies. The department of revenue may issue a finding that a political subdivision is not liable for a penalty that would otherwise be imposed under
sub. (6) if the department determines that the political subdivision's penalized excess is caused by one of the following clerical errors:
66.0602(6m)(a)
(a) The department, through mistake or inadvertence, has assessed to any county or taxation district, in the current year or in the previous year, a greater or less valuation for any year than should have been assessed, causing the political subdivision's levy to be erroneous in a way that directly causes a penalized excess.
66.0602(6m)(b)
(b) A taxation district clerk or a county clerk, through mistake or inadvertence in preparing or delivering the tax roll, causes a political subdivision's levy to be erroneous in a way that directly causes a penalized excess.
66.0602 History
History: 2005 a. 25,
484;
2007 a. 20,
115,
129;
2009 a. 28;
2011 a. 32,
63,
75,
140,
145,
258; s. 13.92 (1) (bm) 2.
66.0603(1g)(a)(a) In this section, "governing board" has the meaning given under
s. 34.01 (1) but does not include a local cultural arts district board created under
subch. V of ch. 229.
66.0603(1m)(a)(a) A county, city, village, town, school district, drainage district, technical college district or other governing board, other than a local professional football stadium district board created under
subch. IV of ch. 229, may invest any of its funds not immediately needed in any of the following:
66.0603(1m)(a)1.
1. Time deposits in any credit union, bank, savings bank, trust company or savings and loan association which is authorized to transact business in this state if the time deposits mature in not more than 3 years.
66.0603(1m)(a)2.
2. Bonds or securities issued or guaranteed as to principal and interest by the federal government, or by a commission, board or other instrumentality of the federal government.
66.0603(1m)(a)3.
3. Bonds or securities of any county, city, drainage district, technical college district, village, town or school district of this state.
66.0603(1m)(a)3s.
3s. Bonds issued by the University of Wisconsin Hospitals and Clinics Authority.
66.0603(1m)(a)4.
4. Any security which matures or which may be tendered for purchase at the option of the holder within not more than 7 years of the date on which it is acquired, if that security has a rating which is the highest or 2nd highest rating category assigned by Standard & Poor's corporation, Moody's investors service or other similar nationally recognized rating agency or if that security is senior to, or on a parity with, a security of the same issuer which has such a rating.
66.0603(1m)(a)5.
5. Securities of an open-end management investment company or investment trust, if the investment company or investment trust does not charge a sales load, if the investment company or investment trust is registered under the investment company act of 1940,
15 USC 80a-1 to
80a-64, and if the portfolio of the investment company or investment trust is limited to the following:
66.0603(1m)(a)5.a.
a. Bonds and securities issued by the federal government or a commission, board or other instrumentality of the federal government.
66.0603(1m)(a)5.b.
b. Bonds that are guaranteed as to principal and interest by the federal government or a commission, board or other instrumentality of the federal government.
66.0603(1m)(b)1.1. A town, city, or village may invest surplus funds in any bonds or securities issued under the authority of the municipality, whether the bonds or securities create a general municipality liability or a liability of the property owners of the municipality for special improvements, and may sell or hypothecate the bonds or securities. Funds of an employer, as defined by
s. 40.02 (28), in a deferred compensation plan may also be invested and reinvested in the same manner authorized for investments under
s. 881.01.
66.0603(1m)(b)2.
2. Funds of any school district operating under
ch. 119, held in trust for pension plans intended to qualify under section
401 (a) of the Internal Revenue Code, other than funds held in the public employee trust fund, may be invested and reinvested in the same manner as is authorized for investments under
s. 881.01.
66.0603(1m)(b)3.
3. A school district may invest and reinvest funds that are held in trust, other than funds held in the public employee trust fund, solely to provide any of the following benefits, in the same manner as is authorized for investments under
s. 881.01:
66.0603(1m)(b)3.a.
a. Post-employment health care benefits provided either separately or through a defined benefit pension plan.
66.0603(1m)(b)3.b.
b. Other post-employment benefits provided separately from a defined benefit pension plan.
66.0603(1m)(b)4.
4. A school board may not discuss or vote on establishing a trust fund to provide the benefits described in
subd. 3. unless the notice of the school board meeting at which the discussion or vote may occur includes the issue as a separate agenda item.
66.0603(1m)(b)5.
5. A city, village, town, county, drainage district, technical college district, or other governing board as defined by
s. 34.01 (1) may invest and reinvest funds that are held in trust, other than funds held in the public employee trust fund, solely to provide any of the following benefits, in the same manner as is authorized for investments under
s. 881.01:
66.0603(1m)(b)5.a.
a. Post-employment health care benefits provided either separately or through a defined benefit pension plan.
66.0603(1m)(b)5.b.
b. Other post-employment benefits provided separately from a defined benefit pension plan.
66.0603(1m)(b)6.
6. Funds that are held in trust to provide the benefits described in
subds. 3. and
5. shall be held in a trust fund that is separate from all other trust funds created by, or under the control of, the local governmental unit.
66.0603(1m)(c)
(c) A local government, as defined under
s. 25.50 (1) (d), may invest surplus funds in the local government pooled-investment fund. Cemetery care funds, including gifts where the principal is to be kept intact, may also be invested under
ch. 881.
66.0603(1m)(d)
(d) A county, city, village, town, school district, drainage district, technical college district or other governing board as defined by
s. 34.01 (1) may engage in financial transactions in which a public depository, as defined in
s. 34.01 (5), agrees to repay funds advanced to it by the local government plus interest, if the agreement is secured by bonds or securities issued or guaranteed as to principal and interest by the federal government.
