State Codes and Statutes

Statutes > Wisconsin > 79 > 79.03

79.03

79.03 Calculating per capita and aidable revenues entitlements.

79.03(1)

(1) Ending with the distributions in 2003, each municipality and county is entitled to shared revenue, consisting of an amount determined on the basis of population under sub. (2), plus an amount determined under sub. (3).

79.03(2)

(2)

79.03(2)(a)

(a) Every municipality's portion of the amount distributable under sub. (1) based on population shall equal the final distribution per capita factor times its population.

79.03(2)(b)

(b) For purposes of par. (a), "final distribution per capita factor" means the product of the 1982 population of this state times $30 divided by the state's current year's population.

79.03(3)

(3)

79.03(3)(a)

(a) The amount in the shared revenue account for municipalities and the amount in the shared revenue account for counties, less the payments under sub. (2) and s. 79.04, and, for the distribution in 2003, the amount appropriated under s. 20.835 (1) (m), (t), and (u), 2003 stats., shall be allocated to each municipality and county respectively in proportion to its entitlement. In this paragraph, "entitlement" means the product of aidable revenues and tax base weight.

79.03(3)(b)

(b) In this subsection:

79.03(3)(b)1.

1. "Aidable revenues" means:

79.03(3)(b)1.a.

a. For a municipality, the average local purpose revenues.

79.03(3)(b)1.b.

b. For a county, 85% of the average local purpose revenue.

79.03(3)(b)2.

2. "Average local purpose revenues" means the sum of the 3 prior years local purpose revenues divided by 3.

79.03(3)(b)3.

3. "Full valuation" means the full value of property that is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3) plus the full value of all taxable property for the preceding year as equalized for state tax purposes, except that for municipalities the value of real estate assessed under s. 70.995 is excluded. Value increments under s. 66.1105 plus the full value of property that is exempt under s. 70.11 (39) and (39m) that would otherwise be part of a value increment are included for municipalities but excluded for counties. Environmental remediation value increments under s. 66.1106 are included for municipalities and counties that create the environmental remediation tax incremental district and are excluded for units of government that do not create the district. If property that had been assessed under s. 70.995 and that has a value exceeding 10% of a municipality's value is assessed under s. 70.10, 30% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year after the assessment under s. 70.10, 65% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year 2 years after the assessment under s. 70.10 and 100% of that property's full value is included in "full valuation" for purposes of subsequent shared revenue payments.

79.03(3)(b)4.

4. "Local purpose revenues" means the sum of payments under s. 79.095, local general purpose taxes, regulation revenues, revenues for services to private parties by a county's or municipality's general operations or enterprises, revenue for sanitation services to private parties, special assessment revenues, tax base equalization aids and, for municipalities only, a proxy for private sewer service costs, a proxy for private solid waste and recycling service costs and a proxy for retail charges for fire protection purposes. In this subdivision:

79.03(3)(b)4.a.

a. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.1105 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.1106 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county children with disabilities education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, monthly municipal permit fees under s. 66.0435 (3), the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).

79.03(3)(b)4.b.

b. "Proxy for private sewer service costs" means the greater of zero or the amount computed by multiplying $25 times the municipality's population in the 2nd year preceding the distribution and then subtracting from that product the greater of 1) the sum of municipal general operation and capital project sewer service expenditures including storm sewer expenditures, through general operations, special assessment funds or enterprises, the municipality's share, based on its proportion of the full value of taxable property in the county, of county taxes levied for a sanitary or sewage district if the municipality is served by the sewer services financed by the county levies, tax levies of sewage and sanitation districts; sewer service charges directly paid to a neighboring municipality or fiscally independent sewer utility, or 2) the sum of sewer service charges, municipal general operation and capital project storm sewer expenditures through general operations, special assessment funds or enterprises, the municipality's share, based on its proportion of the full value of taxable property in the county, of county taxes levied for a sanitary or sewage district if the municipality is served by the sewer services financed by the county levies, tax levies of sewage and sanitation districts.

79.03(3)(b)4.bg.

bg. "Proxy for private solid waste and recycling service costs" means $25 multiplied by the population of any municipality that does not provide solid waste and recycling services. In this subd. 4. bg., notwithstanding s. 79.005 (2), "population" means the number of persons residing in the municipality during the 2nd year preceding the distribution of payments, as determined under s. 16.96.

79.03(3)(b)4.bm.

bm. "Proxy for retail charges for fire protection purposes", for any year used to calculate average local purpose revenues, equals the number of months in that year for which a municipality did not pay retail charges associated with water for public fire protection purposes to a public utility under s. 196.03 (3) (b), multiplied by one-twelfth of the total retail charges associated with water for public fire protection purposes, but not included in general service charges, that the municipality paid to a public utility during the most recent 12-month period in which all retail charges associated with public fire protection purposes were paid by the municipality.

79.03(3)(b)4.c.

c. "Regulation revenues" means revenues from construction and building permits and zoning fees.

79.03(3)(b)4.d.

d. "Revenue for sanitation services to private parties" means revenues collected from private parties by a county's or municipality's general operations or enterprises and by sewerage, sanitation or inland lake rehabilitation districts as refuse collection fees, sewerage service fees and landfill fees.

79.03(3)(b)4.e.

e. "Revenues for services to private parties by a county's or municipality's general operations or enterprises" means revenues collected from private parties for the following services: general government services consisting of license publication fees, sale of publications, clerk's fees and treasurer's fees; public safety services, consisting of police or sheriff's department fees, fire department fees and ambulance fees; inspection services, consisting of building, electrical, heat, plumbing, elevator and weights and measures; sidewalk replacement or construction fees, storm sewer construction fees, street lighting fees; parking ramps, meters and lot fees; library fines or fees; and museum and zoo users or admission fees.

79.03(3)(b)4.f.

f. "Special assessment revenues" means charges assessed against benefited properties for capital improvements by a municipality or county placed on the current tax roll for collection or collected during the year in advance of being placed on the tax roll.

79.03(3)(b)4.g.

g. "Tax base equalization aids" means payments received under par. (a) and s. 70.996 (1m) (c), 1977 stats. and 1979 stats., s. 79.03 (3), 1977 stats. and 1979 stats., and s. 79.16 (3), 1977 stats. and 1979 stats. For the calculation of 1982 local purpose revenues, "tax base equalization aids" means payments that would have been received under par. (a) if $471,395,500 had been distributed under par. (a) plus payments received under s. 70.996 (1m) (c), 1977 stats. and 1979 stats., s. 79.03 (3), 1977 stats. and 1979 stats., and s. 79.16 (3), 1977 stats. and 1979 stats. For the calculation of local purpose revenues for 1983 and thereafter, "tax base equalization aids" means entitlements received under par. (a).

79.03(3)(b)4.h.

h. Taxes and revenues of sewerage, sanitation and inland lake rehabilitation districts that are local purpose revenues shall be allocated to municipalities in proportion to the amount of revenue that is derived from within the municipality.

79.03(3)(b)5.

5. "Standardized valuation" means the product of the standardized valuation per person times the population of a municipality or a county in the preceding year.

79.03(3)(b)6.

6. "Standardized valuation per person" is that number that when used in the computation under par. (a) most nearly approximates the sum of entitlements for all municipalities or for all counties respectively to the funds distributable under par. (a).

79.03(3)(b)7.

7. "Sum of local purpose revenues" means the sum of local purpose revenues for the 3 fiscal years ending 2 years prior to the year of distribution. For the purpose of this subdivision, local purpose revenues for any fiscal year before 1988 shall be defined according to subd. 4., 1985 stats.

79.03(3)(b)8.

8. "Tax base weight" means one minus the decimal obtained by dividing the full valuation by the standardized valuation, except that "tax base weight" shall be a decimal of at least 0.0.

79.03(3c)

(3c)

79.03(3c)(a)

(a) Definition. In this subsection, "full valuation" has the meaning given in sub. (3) (b) 3.

79.03(3c)(b)

(b) Eligibility. Ending with the distributions in 2003, a municipality is eligible for a payment under this subsection if all of the following conditions are met:

79.03(3c)(b)1.

1. The municipality's population is 5,000 or less in the year in which the statement under s. 79.015 is provided.

79.03(3c)(b)2.

2. For the year before the year in which the statement under s. 79.015 is provided, the municipality levies property taxes for municipal purposes at a rate of at least one mill per dollar of full value under s. 70.57, or, with regard to payments in 2003, if the full valuation of property in the municipality is less than $10,000,000, the municipality levies property taxes for municipal purposes at a rate of at least 0.85 mill per dollar of full value under s. 70.57.

79.03(3c)(b)3.

3.

79.03(3c)(b)3.a.

a. Except as provided in subd. 3. b., the full valuation of the property in the municipality does not exceed $40,000,000.

79.03(3c)(b)3.b.

b. The full valuation of the property in the municipality may exceed $40,000,000 if the land area of the municipality exceeds 54 square miles.

79.03(3c)(bm)

(bm) Full value limit. If the full valuation of the property in an eligible municipality exceeds $40,000,000 and the land area of the eligible municipality exceeds 54 square miles, full valuation of the property in the eligible municipality shall be considered to be $40,000,000 under pars. (c) 1., (d) 1. and (e) 1.

79.03(3c)(c)

(c) Payment. Subject to the total distribution amount limits in par. (f), the minimum payment under par. (d) and the maximum payment under par. (e), each eligible municipality is entitled to shared revenue from the appropriation under s. 20.835 (1) (b), in addition to its shared revenue entitlements under sub. (1), calculated as follows:

79.03(3c)(c)1.

1. Divide the full valuation of the property in the municipality by $40,000,000.

79.03(3c)(c)2.

2. Multiply the result under subd. 1. by $55.

79.03(3c)(c)3.

3. Subtract the amount under subd. 2. from $55.

79.03(3c)(c)4.

4. Multiply the municipality's population by the amount under subd. 3. or by $10, whichever is greater.

79.03(3c)(d)

(d) Minimum payment. The minimum payment that an eligible municipality may receive under this subsection is the greater of zero or an amount calculated as follows:

79.03(3c)(d)1.

1. Divide the full valuation of the property in the municipality by $1,000,000.

79.03(3c)(d)2.

2. Multiply the result under subd. 1. by $720.

79.03(3c)(d)3.

3. Subtract the amount under subd. 2. from $18,000.

79.03(3c)(e)

(e) Maximum payment. The maximum payment that an eligible municipality may receive under this subsection is the greater of $10,000 or an amount calculated as follows:

79.03(3c)(e)1.

1. Divide the full valuation of the property in the municipality by $1,000,000.

79.03(3c)(e)2.

2. Multiply the result under subd. 1. by $1,750.

79.03(3c)(e)3.

3. Subtract the amount under subd. 2. from $45,000.

79.03(3c)(f)

(f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999; and $11,000,000 in the year 2000 and in the year 2001. The total amount to be distributed under this subsection from s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (b) in 2002 is $11,110,000 and the total amount to be distributed under this subsection from s. 20.835 (1) (b) in 2003 is $11,221,100 less the reductions under s. 79.02 (3) (c) 3.

79.03(4)

(4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. Beginning in 1995 and ending in 2001, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (d) are $769,092,800 to municipalities and $170,671,600 to counties. In 2003, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (m), (t), and (u), 2003 stats., and s. 20.835 (1) (d) are $776,783,700 to municipalities, less the reductions under s. 79.02 (3) (c) 3., and $172,378,300 to counties, less the reductions under s. 79.02 (3) (c) 3.

79.03(4b)

(4b) The total amount specified in sub. (4) for any year shall be reduced by the total of all reductions in shared revenue payments for that year under s. 59.605 (4).

79.03(5)

(5)

79.03(5)(a)

(a) In 2002 and 2003, each municipality shall receive a shared revenue payment that is equal to the amount of the payment it received in the previous year, multiplied by 101%.

79.03(5)(b)

(b) The department of revenue shall use the population amounts it used to determine the November 2000, shared revenue payments to municipalities to calculate corrections to such payments in 2001, as provided under s. 79.08. The department of revenue shall use the population amounts it used to estimate payments under s. 79.015 in September 2000, to calculate actual and corrected 2001 shared revenue payments to municipalities.

79.03(6)

(6) Beginning in 2004, no municipality or county may receive payments under subs. (2) and (3) and no municipality may receive a payment under sub. (3c).

79.03 - ANNOT.

History: 1971 c. 125, 215; 1973 c. 90; 1975 c. 39; 1977 c. 29, 203, 418; 1979 c. 1; 1979 c. 34 ss. 903s to 905m, 2102 (46) (d); 1979 c. 221; 1981 c. 20, 93, 314, 317; 1983 a. 27, 189; 1985 a. 29, 120; 1987 a. 27, 399; 1989 a. 31, 56, 336; 1991 a. 39, 269; 1993 a. 16, 437, 490; 1995 a. 27; 1997 a. 27, 164, 237; 1999 a. 9; 1999 a. 150 s. 672; 2001 a. 16, 109; 2003 a. 33, 320; 2005 a. 253, 254; 2007 a. 11.

79.03 - ANNOT.

The secretary of administration is not authorized by s. 16.50 (2) to reduce payments to municipalities under s. 79.03. City of Milwaukee v. Lindner, 98 Wis. 2d 624, 297 N.W.2d 828 (1980).

State Codes and Statutes

Statutes > Wisconsin > 79 > 79.03

79.03

79.03 Calculating per capita and aidable revenues entitlements.

79.03(1)

(1) Ending with the distributions in 2003, each municipality and county is entitled to shared revenue, consisting of an amount determined on the basis of population under sub. (2), plus an amount determined under sub. (3).

79.03(2)

(2)

79.03(2)(a)

(a) Every municipality's portion of the amount distributable under sub. (1) based on population shall equal the final distribution per capita factor times its population.

79.03(2)(b)

(b) For purposes of par. (a), "final distribution per capita factor" means the product of the 1982 population of this state times $30 divided by the state's current year's population.

79.03(3)

(3)

79.03(3)(a)

(a) The amount in the shared revenue account for municipalities and the amount in the shared revenue account for counties, less the payments under sub. (2) and s. 79.04, and, for the distribution in 2003, the amount appropriated under s. 20.835 (1) (m), (t), and (u), 2003 stats., shall be allocated to each municipality and county respectively in proportion to its entitlement. In this paragraph, "entitlement" means the product of aidable revenues and tax base weight.

79.03(3)(b)

(b) In this subsection:

79.03(3)(b)1.

1. "Aidable revenues" means:

79.03(3)(b)1.a.

a. For a municipality, the average local purpose revenues.

79.03(3)(b)1.b.

b. For a county, 85% of the average local purpose revenue.

79.03(3)(b)2.

2. "Average local purpose revenues" means the sum of the 3 prior years local purpose revenues divided by 3.

79.03(3)(b)3.

3. "Full valuation" means the full value of property that is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3) plus the full value of all taxable property for the preceding year as equalized for state tax purposes, except that for municipalities the value of real estate assessed under s. 70.995 is excluded. Value increments under s. 66.1105 plus the full value of property that is exempt under s. 70.11 (39) and (39m) that would otherwise be part of a value increment are included for municipalities but excluded for counties. Environmental remediation value increments under s. 66.1106 are included for municipalities and counties that create the environmental remediation tax incremental district and are excluded for units of government that do not create the district. If property that had been assessed under s. 70.995 and that has a value exceeding 10% of a municipality's value is assessed under s. 70.10, 30% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year after the assessment under s. 70.10, 65% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year 2 years after the assessment under s. 70.10 and 100% of that property's full value is included in "full valuation" for purposes of subsequent shared revenue payments.

79.03(3)(b)4.

4. "Local purpose revenues" means the sum of payments under s. 79.095, local general purpose taxes, regulation revenues, revenues for services to private parties by a county's or municipality's general operations or enterprises, revenue for sanitation services to private parties, special assessment revenues, tax base equalization aids and, for municipalities only, a proxy for private sewer service costs, a proxy for private solid waste and recycling service costs and a proxy for retail charges for fire protection purposes. In this subdivision:

79.03(3)(b)4.a.

a. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.1105 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.1106 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county children with disabilities education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, monthly municipal permit fees under s. 66.0435 (3), the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).

79.03(3)(b)4.b.

b. "Proxy for private sewer service costs" means the greater of zero or the amount computed by multiplying $25 times the municipality's population in the 2nd year preceding the distribution and then subtracting from that product the greater of 1) the sum of municipal general operation and capital project sewer service expenditures including storm sewer expenditures, through general operations, special assessment funds or enterprises, the municipality's share, based on its proportion of the full value of taxable property in the county, of county taxes levied for a sanitary or sewage district if the municipality is served by the sewer services financed by the county levies, tax levies of sewage and sanitation districts; sewer service charges directly paid to a neighboring municipality or fiscally independent sewer utility, or 2) the sum of sewer service charges, municipal general operation and capital project storm sewer expenditures through general operations, special assessment funds or enterprises, the municipality's share, based on its proportion of the full value of taxable property in the county, of county taxes levied for a sanitary or sewage district if the municipality is served by the sewer services financed by the county levies, tax levies of sewage and sanitation districts.

79.03(3)(b)4.bg.

bg. "Proxy for private solid waste and recycling service costs" means $25 multiplied by the population of any municipality that does not provide solid waste and recycling services. In this subd. 4. bg., notwithstanding s. 79.005 (2), "population" means the number of persons residing in the municipality during the 2nd year preceding the distribution of payments, as determined under s. 16.96.

79.03(3)(b)4.bm.

bm. "Proxy for retail charges for fire protection purposes", for any year used to calculate average local purpose revenues, equals the number of months in that year for which a municipality did not pay retail charges associated with water for public fire protection purposes to a public utility under s. 196.03 (3) (b), multiplied by one-twelfth of the total retail charges associated with water for public fire protection purposes, but not included in general service charges, that the municipality paid to a public utility during the most recent 12-month period in which all retail charges associated with public fire protection purposes were paid by the municipality.

79.03(3)(b)4.c.

c. "Regulation revenues" means revenues from construction and building permits and zoning fees.

79.03(3)(b)4.d.

d. "Revenue for sanitation services to private parties" means revenues collected from private parties by a county's or municipality's general operations or enterprises and by sewerage, sanitation or inland lake rehabilitation districts as refuse collection fees, sewerage service fees and landfill fees.

79.03(3)(b)4.e.

e. "Revenues for services to private parties by a county's or municipality's general operations or enterprises" means revenues collected from private parties for the following services: general government services consisting of license publication fees, sale of publications, clerk's fees and treasurer's fees; public safety services, consisting of police or sheriff's department fees, fire department fees and ambulance fees; inspection services, consisting of building, electrical, heat, plumbing, elevator and weights and measures; sidewalk replacement or construction fees, storm sewer construction fees, street lighting fees; parking ramps, meters and lot fees; library fines or fees; and museum and zoo users or admission fees.

79.03(3)(b)4.f.

f. "Special assessment revenues" means charges assessed against benefited properties for capital improvements by a municipality or county placed on the current tax roll for collection or collected during the year in advance of being placed on the tax roll.

79.03(3)(b)4.g.

g. "Tax base equalization aids" means payments received under par. (a) and s. 70.996 (1m) (c), 1977 stats. and 1979 stats., s. 79.03 (3), 1977 stats. and 1979 stats., and s. 79.16 (3), 1977 stats. and 1979 stats. For the calculation of 1982 local purpose revenues, "tax base equalization aids" means payments that would have been received under par. (a) if $471,395,500 had been distributed under par. (a) plus payments received under s. 70.996 (1m) (c), 1977 stats. and 1979 stats., s. 79.03 (3), 1977 stats. and 1979 stats., and s. 79.16 (3), 1977 stats. and 1979 stats. For the calculation of local purpose revenues for 1983 and thereafter, "tax base equalization aids" means entitlements received under par. (a).

79.03(3)(b)4.h.

h. Taxes and revenues of sewerage, sanitation and inland lake rehabilitation districts that are local purpose revenues shall be allocated to municipalities in proportion to the amount of revenue that is derived from within the municipality.

79.03(3)(b)5.

5. "Standardized valuation" means the product of the standardized valuation per person times the population of a municipality or a county in the preceding year.

79.03(3)(b)6.

6. "Standardized valuation per person" is that number that when used in the computation under par. (a) most nearly approximates the sum of entitlements for all municipalities or for all counties respectively to the funds distributable under par. (a).

79.03(3)(b)7.

7. "Sum of local purpose revenues" means the sum of local purpose revenues for the 3 fiscal years ending 2 years prior to the year of distribution. For the purpose of this subdivision, local purpose revenues for any fiscal year before 1988 shall be defined according to subd. 4., 1985 stats.

79.03(3)(b)8.

8. "Tax base weight" means one minus the decimal obtained by dividing the full valuation by the standardized valuation, except that "tax base weight" shall be a decimal of at least 0.0.

79.03(3c)

(3c)

79.03(3c)(a)

(a) Definition. In this subsection, "full valuation" has the meaning given in sub. (3) (b) 3.

79.03(3c)(b)

(b) Eligibility. Ending with the distributions in 2003, a municipality is eligible for a payment under this subsection if all of the following conditions are met:

79.03(3c)(b)1.

1. The municipality's population is 5,000 or less in the year in which the statement under s. 79.015 is provided.

79.03(3c)(b)2.

2. For the year before the year in which the statement under s. 79.015 is provided, the municipality levies property taxes for municipal purposes at a rate of at least one mill per dollar of full value under s. 70.57, or, with regard to payments in 2003, if the full valuation of property in the municipality is less than $10,000,000, the municipality levies property taxes for municipal purposes at a rate of at least 0.85 mill per dollar of full value under s. 70.57.

79.03(3c)(b)3.

3.

79.03(3c)(b)3.a.

a. Except as provided in subd. 3. b., the full valuation of the property in the municipality does not exceed $40,000,000.

79.03(3c)(b)3.b.

b. The full valuation of the property in the municipality may exceed $40,000,000 if the land area of the municipality exceeds 54 square miles.

79.03(3c)(bm)

(bm) Full value limit. If the full valuation of the property in an eligible municipality exceeds $40,000,000 and the land area of the eligible municipality exceeds 54 square miles, full valuation of the property in the eligible municipality shall be considered to be $40,000,000 under pars. (c) 1., (d) 1. and (e) 1.

79.03(3c)(c)

(c) Payment. Subject to the total distribution amount limits in par. (f), the minimum payment under par. (d) and the maximum payment under par. (e), each eligible municipality is entitled to shared revenue from the appropriation under s. 20.835 (1) (b), in addition to its shared revenue entitlements under sub. (1), calculated as follows:

79.03(3c)(c)1.

1. Divide the full valuation of the property in the municipality by $40,000,000.

79.03(3c)(c)2.

2. Multiply the result under subd. 1. by $55.

79.03(3c)(c)3.

3. Subtract the amount under subd. 2. from $55.

79.03(3c)(c)4.

4. Multiply the municipality's population by the amount under subd. 3. or by $10, whichever is greater.

79.03(3c)(d)

(d) Minimum payment. The minimum payment that an eligible municipality may receive under this subsection is the greater of zero or an amount calculated as follows:

79.03(3c)(d)1.

1. Divide the full valuation of the property in the municipality by $1,000,000.

79.03(3c)(d)2.

2. Multiply the result under subd. 1. by $720.

79.03(3c)(d)3.

3. Subtract the amount under subd. 2. from $18,000.

79.03(3c)(e)

(e) Maximum payment. The maximum payment that an eligible municipality may receive under this subsection is the greater of $10,000 or an amount calculated as follows:

79.03(3c)(e)1.

1. Divide the full valuation of the property in the municipality by $1,000,000.

79.03(3c)(e)2.

2. Multiply the result under subd. 1. by $1,750.

79.03(3c)(e)3.

3. Subtract the amount under subd. 2. from $45,000.

79.03(3c)(f)

(f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999; and $11,000,000 in the year 2000 and in the year 2001. The total amount to be distributed under this subsection from s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (b) in 2002 is $11,110,000 and the total amount to be distributed under this subsection from s. 20.835 (1) (b) in 2003 is $11,221,100 less the reductions under s. 79.02 (3) (c) 3.

79.03(4)

(4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. Beginning in 1995 and ending in 2001, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (d) are $769,092,800 to municipalities and $170,671,600 to counties. In 2003, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (m), (t), and (u), 2003 stats., and s. 20.835 (1) (d) are $776,783,700 to municipalities, less the reductions under s. 79.02 (3) (c) 3., and $172,378,300 to counties, less the reductions under s. 79.02 (3) (c) 3.

79.03(4b)

(4b) The total amount specified in sub. (4) for any year shall be reduced by the total of all reductions in shared revenue payments for that year under s. 59.605 (4).

79.03(5)

(5)

79.03(5)(a)

(a) In 2002 and 2003, each municipality shall receive a shared revenue payment that is equal to the amount of the payment it received in the previous year, multiplied by 101%.

79.03(5)(b)

(b) The department of revenue shall use the population amounts it used to determine the November 2000, shared revenue payments to municipalities to calculate corrections to such payments in 2001, as provided under s. 79.08. The department of revenue shall use the population amounts it used to estimate payments under s. 79.015 in September 2000, to calculate actual and corrected 2001 shared revenue payments to municipalities.

79.03(6)

(6) Beginning in 2004, no municipality or county may receive payments under subs. (2) and (3) and no municipality may receive a payment under sub. (3c).

79.03 - ANNOT.

History: 1971 c. 125, 215; 1973 c. 90; 1975 c. 39; 1977 c. 29, 203, 418; 1979 c. 1; 1979 c. 34 ss. 903s to 905m, 2102 (46) (d); 1979 c. 221; 1981 c. 20, 93, 314, 317; 1983 a. 27, 189; 1985 a. 29, 120; 1987 a. 27, 399; 1989 a. 31, 56, 336; 1991 a. 39, 269; 1993 a. 16, 437, 490; 1995 a. 27; 1997 a. 27, 164, 237; 1999 a. 9; 1999 a. 150 s. 672; 2001 a. 16, 109; 2003 a. 33, 320; 2005 a. 253, 254; 2007 a. 11.

79.03 - ANNOT.

The secretary of administration is not authorized by s. 16.50 (2) to reduce payments to municipalities under s. 79.03. City of Milwaukee v. Lindner, 98 Wis. 2d 624, 297 N.W.2d 828 (1980).

State Codes and Statutes

State Codes and Statutes

Statutes > Wisconsin > 79 > 79.03

79.03

79.03 Calculating per capita and aidable revenues entitlements.

79.03(1)

(1) Ending with the distributions in 2003, each municipality and county is entitled to shared revenue, consisting of an amount determined on the basis of population under sub. (2), plus an amount determined under sub. (3).

79.03(2)

(2)

79.03(2)(a)

(a) Every municipality's portion of the amount distributable under sub. (1) based on population shall equal the final distribution per capita factor times its population.

79.03(2)(b)

(b) For purposes of par. (a), "final distribution per capita factor" means the product of the 1982 population of this state times $30 divided by the state's current year's population.

79.03(3)

(3)

79.03(3)(a)

(a) The amount in the shared revenue account for municipalities and the amount in the shared revenue account for counties, less the payments under sub. (2) and s. 79.04, and, for the distribution in 2003, the amount appropriated under s. 20.835 (1) (m), (t), and (u), 2003 stats., shall be allocated to each municipality and county respectively in proportion to its entitlement. In this paragraph, "entitlement" means the product of aidable revenues and tax base weight.

79.03(3)(b)

(b) In this subsection:

79.03(3)(b)1.

1. "Aidable revenues" means:

79.03(3)(b)1.a.

a. For a municipality, the average local purpose revenues.

79.03(3)(b)1.b.

b. For a county, 85% of the average local purpose revenue.

79.03(3)(b)2.

2. "Average local purpose revenues" means the sum of the 3 prior years local purpose revenues divided by 3.

79.03(3)(b)3.

3. "Full valuation" means the full value of property that is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3) plus the full value of all taxable property for the preceding year as equalized for state tax purposes, except that for municipalities the value of real estate assessed under s. 70.995 is excluded. Value increments under s. 66.1105 plus the full value of property that is exempt under s. 70.11 (39) and (39m) that would otherwise be part of a value increment are included for municipalities but excluded for counties. Environmental remediation value increments under s. 66.1106 are included for municipalities and counties that create the environmental remediation tax incremental district and are excluded for units of government that do not create the district. If property that had been assessed under s. 70.995 and that has a value exceeding 10% of a municipality's value is assessed under s. 70.10, 30% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year after the assessment under s. 70.10, 65% of that property's full value is included in "full valuation" for purposes of the shared revenue payments in the year 2 years after the assessment under s. 70.10 and 100% of that property's full value is included in "full valuation" for purposes of subsequent shared revenue payments.

79.03(3)(b)4.

4. "Local purpose revenues" means the sum of payments under s. 79.095, local general purpose taxes, regulation revenues, revenues for services to private parties by a county's or municipality's general operations or enterprises, revenue for sanitation services to private parties, special assessment revenues, tax base equalization aids and, for municipalities only, a proxy for private sewer service costs, a proxy for private solid waste and recycling service costs and a proxy for retail charges for fire protection purposes. In this subdivision:

79.03(3)(b)4.a.

a. "Local general purpose taxes" means the portion of tax increments collected for payment to a municipality under s. 66.1105 which is attributable to that municipality's own levy, the portion of environmental remediation tax increments collected for payment to a municipality or county under s. 66.1106 that is attributable to that municipality's or county's own levy, general property taxes, excluding taxes for a county children with disabilities education board, collected to finance the general purpose government unit, property taxes collected for sewage and sanitary districts, monthly municipal permit fees under s. 66.0435 (3), the proceeds of county sales and use taxes and municipal and county vehicle registration fees under s. 341.35 (1).

79.03(3)(b)4.b.

b. "Proxy for private sewer service costs" means the greater of zero or the amount computed by multiplying $25 times the municipality's population in the 2nd year preceding the distribution and then subtracting from that product the greater of 1) the sum of municipal general operation and capital project sewer service expenditures including storm sewer expenditures, through general operations, special assessment funds or enterprises, the municipality's share, based on its proportion of the full value of taxable property in the county, of county taxes levied for a sanitary or sewage district if the municipality is served by the sewer services financed by the county levies, tax levies of sewage and sanitation districts; sewer service charges directly paid to a neighboring municipality or fiscally independent sewer utility, or 2) the sum of sewer service charges, municipal general operation and capital project storm sewer expenditures through general operations, special assessment funds or enterprises, the municipality's share, based on its proportion of the full value of taxable property in the county, of county taxes levied for a sanitary or sewage district if the municipality is served by the sewer services financed by the county levies, tax levies of sewage and sanitation districts.

79.03(3)(b)4.bg.

bg. "Proxy for private solid waste and recycling service costs" means $25 multiplied by the population of any municipality that does not provide solid waste and recycling services. In this subd. 4. bg., notwithstanding s. 79.005 (2), "population" means the number of persons residing in the municipality during the 2nd year preceding the distribution of payments, as determined under s. 16.96.

79.03(3)(b)4.bm.

bm. "Proxy for retail charges for fire protection purposes", for any year used to calculate average local purpose revenues, equals the number of months in that year for which a municipality did not pay retail charges associated with water for public fire protection purposes to a public utility under s. 196.03 (3) (b), multiplied by one-twelfth of the total retail charges associated with water for public fire protection purposes, but not included in general service charges, that the municipality paid to a public utility during the most recent 12-month period in which all retail charges associated with public fire protection purposes were paid by the municipality.

79.03(3)(b)4.c.

c. "Regulation revenues" means revenues from construction and building permits and zoning fees.

79.03(3)(b)4.d.

d. "Revenue for sanitation services to private parties" means revenues collected from private parties by a county's or municipality's general operations or enterprises and by sewerage, sanitation or inland lake rehabilitation districts as refuse collection fees, sewerage service fees and landfill fees.

79.03(3)(b)4.e.

e. "Revenues for services to private parties by a county's or municipality's general operations or enterprises" means revenues collected from private parties for the following services: general government services consisting of license publication fees, sale of publications, clerk's fees and treasurer's fees; public safety services, consisting of police or sheriff's department fees, fire department fees and ambulance fees; inspection services, consisting of building, electrical, heat, plumbing, elevator and weights and measures; sidewalk replacement or construction fees, storm sewer construction fees, street lighting fees; parking ramps, meters and lot fees; library fines or fees; and museum and zoo users or admission fees.

79.03(3)(b)4.f.

f. "Special assessment revenues" means charges assessed against benefited properties for capital improvements by a municipality or county placed on the current tax roll for collection or collected during the year in advance of being placed on the tax roll.

79.03(3)(b)4.g.

g. "Tax base equalization aids" means payments received under par. (a) and s. 70.996 (1m) (c), 1977 stats. and 1979 stats., s. 79.03 (3), 1977 stats. and 1979 stats., and s. 79.16 (3), 1977 stats. and 1979 stats. For the calculation of 1982 local purpose revenues, "tax base equalization aids" means payments that would have been received under par. (a) if $471,395,500 had been distributed under par. (a) plus payments received under s. 70.996 (1m) (c), 1977 stats. and 1979 stats., s. 79.03 (3), 1977 stats. and 1979 stats., and s. 79.16 (3), 1977 stats. and 1979 stats. For the calculation of local purpose revenues for 1983 and thereafter, "tax base equalization aids" means entitlements received under par. (a).

79.03(3)(b)4.h.

h. Taxes and revenues of sewerage, sanitation and inland lake rehabilitation districts that are local purpose revenues shall be allocated to municipalities in proportion to the amount of revenue that is derived from within the municipality.

79.03(3)(b)5.

5. "Standardized valuation" means the product of the standardized valuation per person times the population of a municipality or a county in the preceding year.

79.03(3)(b)6.

6. "Standardized valuation per person" is that number that when used in the computation under par. (a) most nearly approximates the sum of entitlements for all municipalities or for all counties respectively to the funds distributable under par. (a).

79.03(3)(b)7.

7. "Sum of local purpose revenues" means the sum of local purpose revenues for the 3 fiscal years ending 2 years prior to the year of distribution. For the purpose of this subdivision, local purpose revenues for any fiscal year before 1988 shall be defined according to subd. 4., 1985 stats.

79.03(3)(b)8.

8. "Tax base weight" means one minus the decimal obtained by dividing the full valuation by the standardized valuation, except that "tax base weight" shall be a decimal of at least 0.0.

79.03(3c)

(3c)

79.03(3c)(a)

(a) Definition. In this subsection, "full valuation" has the meaning given in sub. (3) (b) 3.

79.03(3c)(b)

(b) Eligibility. Ending with the distributions in 2003, a municipality is eligible for a payment under this subsection if all of the following conditions are met:

79.03(3c)(b)1.

1. The municipality's population is 5,000 or less in the year in which the statement under s. 79.015 is provided.

79.03(3c)(b)2.

2. For the year before the year in which the statement under s. 79.015 is provided, the municipality levies property taxes for municipal purposes at a rate of at least one mill per dollar of full value under s. 70.57, or, with regard to payments in 2003, if the full valuation of property in the municipality is less than $10,000,000, the municipality levies property taxes for municipal purposes at a rate of at least 0.85 mill per dollar of full value under s. 70.57.

79.03(3c)(b)3.

3.

79.03(3c)(b)3.a.

a. Except as provided in subd. 3. b., the full valuation of the property in the municipality does not exceed $40,000,000.

79.03(3c)(b)3.b.

b. The full valuation of the property in the municipality may exceed $40,000,000 if the land area of the municipality exceeds 54 square miles.

79.03(3c)(bm)

(bm) Full value limit. If the full valuation of the property in an eligible municipality exceeds $40,000,000 and the land area of the eligible municipality exceeds 54 square miles, full valuation of the property in the eligible municipality shall be considered to be $40,000,000 under pars. (c) 1., (d) 1. and (e) 1.

79.03(3c)(c)

(c) Payment. Subject to the total distribution amount limits in par. (f), the minimum payment under par. (d) and the maximum payment under par. (e), each eligible municipality is entitled to shared revenue from the appropriation under s. 20.835 (1) (b), in addition to its shared revenue entitlements under sub. (1), calculated as follows:

79.03(3c)(c)1.

1. Divide the full valuation of the property in the municipality by $40,000,000.

79.03(3c)(c)2.

2. Multiply the result under subd. 1. by $55.

79.03(3c)(c)3.

3. Subtract the amount under subd. 2. from $55.

79.03(3c)(c)4.

4. Multiply the municipality's population by the amount under subd. 3. or by $10, whichever is greater.

79.03(3c)(d)

(d) Minimum payment. The minimum payment that an eligible municipality may receive under this subsection is the greater of zero or an amount calculated as follows:

79.03(3c)(d)1.

1. Divide the full valuation of the property in the municipality by $1,000,000.

79.03(3c)(d)2.

2. Multiply the result under subd. 1. by $720.

79.03(3c)(d)3.

3. Subtract the amount under subd. 2. from $18,000.

79.03(3c)(e)

(e) Maximum payment. The maximum payment that an eligible municipality may receive under this subsection is the greater of $10,000 or an amount calculated as follows:

79.03(3c)(e)1.

1. Divide the full valuation of the property in the municipality by $1,000,000.

79.03(3c)(e)2.

2. Multiply the result under subd. 1. by $1,750.

79.03(3c)(e)3.

3. Subtract the amount under subd. 2. from $45,000.

79.03(3c)(f)

(f) Distribution amount. If the total amounts calculated under pars. (c) to (e) exceed the total amount to be distributed under this subsection, the amount paid to each eligible municipality shall be paid on a prorated basis. The total amount to be distributed under this subsection from s. 20.835 (1) (b) is $10,000,000 beginning in 1996 and ending in 1999; and $11,000,000 in the year 2000 and in the year 2001. The total amount to be distributed under this subsection from s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (b) in 2002 is $11,110,000 and the total amount to be distributed under this subsection from s. 20.835 (1) (b) in 2003 is $11,221,100 less the reductions under s. 79.02 (3) (c) 3.

79.03(4)

(4) In 1991, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $869,000,000. In 1992, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $885,961,300. In 1993, the total amount to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) is $903,680,500. In 1994, the total amounts to be distributed under this section and ss. 79.04 and 79.06 from s. 20.835 (1) (d) are $746,547,500 to municipalities and $168,981,800 to counties. Beginning in 1995 and ending in 2001, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (d) are $761,478,000 to municipalities and $168,981,800 to counties. In 2002, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.855 (4) (rb), 2001 stats., and s. 20.835 (1) (d) are $769,092,800 to municipalities and $170,671,600 to counties. In 2003, the total amounts to be distributed under ss. 79.03, 79.04, and 79.06 from s. 20.835 (1) (m), (t), and (u), 2003 stats., and s. 20.835 (1) (d) are $776,783,700 to municipalities, less the reductions under s. 79.02 (3) (c) 3., and $172,378,300 to counties, less the reductions under s. 79.02 (3) (c) 3.

79.03(4b)

(4b) The total amount specified in sub. (4) for any year shall be reduced by the total of all reductions in shared revenue payments for that year under s. 59.605 (4).

79.03(5)

(5)

79.03(5)(a)

(a) In 2002 and 2003, each municipality shall receive a shared revenue payment that is equal to the amount of the payment it received in the previous year, multiplied by 101%.

79.03(5)(b)

(b) The department of revenue shall use the population amounts it used to determine the November 2000, shared revenue payments to municipalities to calculate corrections to such payments in 2001, as provided under s. 79.08. The department of revenue shall use the population amounts it used to estimate payments under s. 79.015 in September 2000, to calculate actual and corrected 2001 shared revenue payments to municipalities.

79.03(6)

(6) Beginning in 2004, no municipality or county may receive payments under subs. (2) and (3) and no municipality may receive a payment under sub. (3c).

79.03 - ANNOT.

History: 1971 c. 125, 215; 1973 c. 90; 1975 c. 39; 1977 c. 29, 203, 418; 1979 c. 1; 1979 c. 34 ss. 903s to 905m, 2102 (46) (d); 1979 c. 221; 1981 c. 20, 93, 314, 317; 1983 a. 27, 189; 1985 a. 29, 120; 1987 a. 27, 399; 1989 a. 31, 56, 336; 1991 a. 39, 269; 1993 a. 16, 437, 490; 1995 a. 27; 1997 a. 27, 164, 237; 1999 a. 9; 1999 a. 150 s. 672; 2001 a. 16, 109; 2003 a. 33, 320; 2005 a. 253, 254; 2007 a. 11.

79.03 - ANNOT.

The secretary of administration is not authorized by s. 16.50 (2) to reduce payments to municipalities under s. 79.03. City of Milwaukee v. Lindner, 98 Wis. 2d 624, 297 N.W.2d 828 (1980).