State Codes and Statutes

Statutes > Wisconsin > 79 > 79.05

79.05

79.05 Expenditure restraint program.

79.05(1)

(1) In this section:

79.05(1)(a)

(a) "Full value" means the value determined under s. 70.57 including the value of tax increments under s. 66.1105.

79.05(1)(am)

(am) "Inflation factor" means a percentage equal to the average annual 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 before the statement under s. 79.015, except that the percentage under this paragraph shall not be less than 3 percent.

79.05(1)(b)

(b) "Municipal budget" means the municipality's general fund.

79.05(1)(c)

(c) "Property tax levy rate" means the amount determined as follows:

79.05(1)(c)1.

1. Subtract the tax increment under s. 66.1105 from the total property tax levy.

79.05(1)(c)2.

2. Subtract the tax incremental value under s. 66.1105 from the full value.

79.05(1)(c)3.

3. Divide the amount under subd. 1. by the amount under subd. 2.

79.05(1)(d)

(d) "Valuation factor" means a percentage equal to 60% of the percentage change in the municipality's equalized value due to new construction less improvements removed between the year before the statement under s. 79.015 and the previous year, but not less than zero nor greater than 2.

79.05(2)

(2) A municipality is eligible for a payment under sub. (3) if it fulfills all of the following requirements:

79.05(2)(a)

(a) Its property tax levy rate established during the year before the statement under s. 79.015 is greater than 5 mills.

79.05(2)(c)

(c) Its municipal budget; exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 166.03 (1) (b) 1. [s. 323.10], and expenditures from moneys received pursuant to P.L. 111-5; for the year of the statement under s. 79.015 increased over its municipal budget as adjusted under sub. (6); exclusive of principal and interest on long-term debt and exclusive of revenue sharing payments under s. 66.0305, recycling fee payments under s. 289.645, unreimbursed expenses related to an emergency declared under s. 166.03 (1) (b) 1. [s. 323.10], and expenditures from moneys received pursuant to P.L. 111-5; for the year before that year by less than the sum of the inflation factor and the valuation factor, rounded to the nearest 0.10%.

79.05 - ANNOT.

NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.

79.05(2m)

(2m) Annually, on November 1, the department of revenue shall certify the appropriate percentage change in the consumer price index that is to be used in the requirement under sub. (1) (am) to the joint committee on finance.

79.05(3)

(3) Each municipality that qualifies under sub. (2) shall receive a payment calculated as follows:

79.05(3)(a)

(a) Subtract 5 mills from the municipality's property tax levy rate.

79.05(3)(b)

(b) Multiply the amount under par. (a) by the municipality's full value.

79.05(3)(c)

(c) Divide the amount under par. (b) by the total of the amounts under par. (b) for all municipalities that qualify.

79.05(3)(d)

(d) Multiply the amount under par. (c) by the amount for the year under s. 79.01 (1).

79.05(5)

(5) No municipality may, for the purpose of qualifying for a payment under this section, establish a fund, other than a general fund, that does not conform to generally accepted accounting principles promulgated by the governmental accounting standards board or its successor bodies.

79.05(6)

(6)

79.05(6)(a)

(a) If a municipality transfers to another governmental unit responsibility for providing any service that the municipality provided in the preceding year, its budget for the preceding year shall be decreased to reflect the cost that the municipality incurred to provide that service, as determined by the department of revenue.

79.05(6)(b)

(b) If a municipality increases the services that it provides by adding responsibility for providing a service transferred to it from another governmental unit in any year, its budget for the preceding year shall be increased to reflect the cost of that service, as determined by the department of revenue.

79.05 - ANNOT.

History: 1989 a. 336; 1991 a. 39, 61; 1993 a. 16; 1999 a. 9; 1999 a. 150 s. 672; 2001 a. 16; 2009 a. 11, 28.

79.05 - ANNOT.

Cross Reference: See also ch. Tax 19, Wis. adm. code.