Wisconsin Code § 66.0602

Local levy limits
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(1) DEFINITIONS. In this
section:
(a) “Debt service” includes debt service on debt issued or
reissued to fund or refund outstanding municipal or county obligations, interest on outstanding municipal or county obligations,
and related issuance costs and redemption premiums.
(ak) “Joint emergency medical services district” means a joint
emergency medical services district organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2).
(am) “Joint fire department” means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (1m), or a joint fire department organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2).
(au) “Municipality” means a city, village, or town.
(b) “Penalized excess” means the levy, in an amount that is at
least $500 over the limit under sub. (2) for the political subdivision, not including any amount that is excepted from the limit under subs. (3), (4), and (5).
(c) “Political subdivision” means a city, village, town, or
county.
(cm) “Tax incremental base” has the meaning given in s.
66.1105 (2) (j).
(d) “Valuation factor” means a percentage equal to the greater
of either the percentage change in the political subdivision’s January 1 equalized value due to new construction less improvements removed between the previous year and the current or 0
percent. For a tax incremental district created after December 31,
2024, and for Tax Incremental District Number 10 created by the
common council of the city of Evansville, and for Tax Incremental District Number 14 created by the common council of the city
of Stevens Point, the valuation factor includes 90 percent of the
equalized value increase due to new construction that is located
in a tax incremental district, but does not include any improvements removed in a tax incremental district.
(e) “Value increment” has the meaning given in s. 66.1105 (2)
(m).
(2) LEVY LIMIT. (a) Except as provided in subs. (3), (4), and
(5), no political subdivision may increase its levy in any year by a
percentage that exceeds the political subdivision’s valuation factor. Except as provided in par. (b), the base amount in any year, to
which the limit under this section applies, shall be the actual levy
for the immediately preceding year. In determining its levy in any
year, a city, village, or town shall subtract any tax increment that
is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2)
(i). The base amount in any year, to which the limit under this
section applies, may not include any amount to which sub. (3) (e)
8. applies.
(b) For purposes of par. (a), in 2018, and in each year thereafter, the base amount to which the limit under this section applies is the actual levy for the immediately preceding year, plus
the amount of the payments under ss. 79.096 and 79.0965, and
the levy limit is the base amount multiplied by the valuation factor, minus the amount of the payments under ss. 79.096 and
79.0965, except that the adjustments for payments received under
s. 79.096 or 79.0965 do not apply to payments received under s.
79.096 (3) or 79.0965 (3) for a tax incremental district that has
been terminated.
(2m) NEGATIVE ADJUSTMENT. (a) If a political subdivision’s
levy 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 and interest
on outstanding obligations of the political subdivision, on debt
originally issued before July 1, 2005, is less in the current year
than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the
amount that its levy was reduced as described in this subsection.
(b) 1. In this paragraph, “covered service” means garbage
collection, fire protection, snow plowing, street sweeping, or
storm water management, except that garbage collection may not
be a covered service for any political subdivision that owned and
operated a landfill on January 1, 2013. With regard to fire protection, “covered service” does not include the production, storage,
transmission, sale and delivery, or furnishing of water for public
fire protection purposes.
2. Except as provided in subd. 4., if a political subdivision receives revenues that are designated to pay for a covered service
that was funded in 2013 by the levy of the political subdivision,
the political subdivision shall reduce its levy limit in the current
year by an amount equal to the estimated amount of fee revenue
collected for providing the covered service, less any previous reductions made under this subdivision, not to exceed the amount
funded in 2013 by the levy of the political subdivision.
3. Except as provided in subd. 4., if a political subdivision receives payments in lieu of taxes that are designated to pay for a
covered service that was funded in 2013 by the levy of the political subdivision, the political subdivision shall reduce its levy
limit in the current year by the estimated amount of payments in
lieu of taxes received by the political subdivision to pay for the
covered service, less any previous reductions made under this
subdivision, not to exceed the amount funded in 2013 by the levy
of the political subdivision.
4. The requirement under subd. 2. or 3. does not apply if the
governing body of the political subdivision adopts a resolution
that the levy limit should not be reduced and if the resolution is
approved in a referendum. The procedure under sub. (4) applies
to a referendum under this subdivision, except that the resolution
and referendum question need not specify an amount of increase
in the levy limit or the length of time for which the levy limit increase will apply.
(c) A political subdivision that acts under s. 66.1113 (2) (k) to
impose a tax under ss. 66.1113 (2) and 77.994 shall reduce its
levy limit in the current year by an amount equal to 50 percent of
the proceeds of that tax in the previous year, less any previous reductions made under this paragraph.
(3) EXCEPTIONS. (a) If a political subdivision transfers to another governmental unit responsibility for providing any service
that the political subdivision provided in the preceding year, the
levy increase limit otherwise applicable under this section to the
political subdivision in the current year is decreased to reflect the
cost that the political subdivision would have incurred to provide
that service, as determined by the department of revenue. The
levy increase limit adjustment under this paragraph applies only
if the transferor and transferee file a notice of service transfer
with the department of revenue.
(b) If a political subdivision increases the services that it provides by adding responsibility for providing a service transferred
to it from another governmental unit that provided the service in
the preceding year, the levy increase limit otherwise applicable
under this section to the political subdivision in the current year is
increased to reflect the cost of that service, as determined by the
department of revenue. The levy increase limit adjustment under
this paragraph applies only if the transferor and transferee file a
notice of service transfer with the department of revenue.
(c) If a city or village annexes territory from a town, the city’s
or village’s levy increase limit otherwise applicable under this

section is increased in the current year by an amount equal to the
town levy on the annexed territory in the preceding year and the
levy increase limit otherwise applicable under this section in the
current year for the town from which the territory is annexed is
decreased by that same amount, as determined by the department
of revenue.
(d) 1. If the amount of debt service for a political subdivision
in the preceding year is less than the amount of debt service
needed in the current year, as a result of the political subdivision
adopting a resolution before July 1, 2005, authorizing the issuance of debt, 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, as determined by the department of revenue.
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.
3. The limit otherwise applicable under this section does not
apply to amounts levied by a county having a population of
750,000 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.
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.
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.
6. The limit otherwise applicable under this section does not
apply to the amount that a political subdivision levies to make up
any revenue shortfall for the debt service on a special assessment
B bond issued under s. 66.0713 (4).
(dm) For a tax incremental district created before January 1,
2025, 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,
exclusive of any tax incremental district value increments, for the
previous year, all as determined by the department of revenue.
(dq) 1. For a tax incremental district created after December
31, 2024, and for Tax Incremental District Number 10 created by
the common council of the city of Evansville, and for Tax Incremental District Number 14 created by the common council of the
city of Stevens Point, if the department of revenue does not certify a value increment for the 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 all of the following amounts:
a. An amount equal to the political subdivision’s maximum
allowable levy for the immediately preceding year, multiplied by
the amount determined by dividing 10 percent of the equalized
value increase of the terminated tax incremental district, calculated as provided in subd. 2., by the political subdivision’s equalized value, less any tax incremental district value increments, for
the previous year, all as determined by the department of revenue.
b. If the life span of the tax incremental district was 75 percent or less of the length of the expected life span of the tax incremental district, measured as the period between the year the tax
incremental district was created and the expected year of termination, as designated under s. 66.1105 (4m) (b) 2m. , an additional
amount equal to the political subdivision’s maximum allowable
levy for the immediately preceding year, multiplied by the
amount determined by dividing 15 percent of the equalized value
increase of the terminated tax incremental district, calculated as
provided in subd. 2., by the political subdivision’s equalized
value, less any tax incremental district value increments, for the
previous year, all as determined by the department of revenue.
2. The equalized value increase under subd. 1. and par. (dv)
is calculated by adding the annual amounts reported under s.
66.1105 (6m) (c) 8. of the value of new construction in the district for each year that the district is active.
(ds) For a tax incremental district created before January 1,
2025, if the department of revenue recertifies the tax incremental
base of a tax incremental district as a result of the district’s subtraction of territory under s. 66.1105 (4) (h) 2., the levy limit otherwise applicable under this section shall be adjusted in the first
levy year in which the subtracted territory is not part of the value
increment. In that year, the political subdivision in which the district is located shall increase the levy limit otherwise applicable
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 tax incremental district’s territory that was subtracted, calculated for the previous year, by the
political subdivision’s equalized value, exclusive of any tax incremental district value increments, for the previous year, all as determined by the department of revenue.
(dv) For a tax incremental district created after December 31,
2024, and for Tax Incremental District Number 10 created by the
common council of the city of Evansville, and for Tax Incremental District Number 14 created by the common council of the city
of Stevens Point, if the department of revenue recertifies the tax
incremental base of a tax incremental district as a result of the
district’s subtraction of territory under s. 66.1105 (4) (h) 2. , the
levy limit otherwise applicable under this section shall be adjusted in the first levy year in which the subtracted territory is not
part of the value increment. In that year, the political subdivision
in which the district is located shall increase the levy limit otherwise applicable by an amount equal to the political subdivision’s
maximum allowable levy for the immediately preceding year,
multiplied by a percentage equal to 10 percent of the amount determined by dividing the equalized value increase, calculated as
provided in par. (dq) 2., attributable to the territory that was subtracted, calculated for the previous year, by the political subdivision’s equalized value, exclusive of any tax incremental district
value increments, for the previous year, all as determined by the
department of revenue.

(e) The limit otherwise applicable under this section does not
apply to any of the following:
1. The amount that a county levies in that year for a county
children with disabilities education board.
2. The amount that a 1st class city levies in that year for
school purposes.
3. The amount that a county levies in that year under s. 82.08
(2) for bridge and culvert construction and repair.
4. The amount that a county levies in that year to make payments to public libraries under s. 43.12.
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.
6. The amount that a county levies in that year for a countywide emergency medical system.
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.
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.
9. The political subdivision’s share of any refund or rescission determined by the department of revenue and certified under
s. 74.41 (5).
(f) 1. Subject to subd. 3., and unless a political subdivision
makes an adjustment under par. (fm), if a political subdivision’s
allowable levy under this section in the prior year 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 1.5 percent of the actual levy in that prior year.
3. The adjustment described in subd. 1. may occur only if the
political subdivision’s governing body approves of the adjustment
by one of the following methods:
a. With regard to a city, village, or county, if the governing
body consists of at least 5 members, by a majority vote of the governing body if the increase is 0.5 percent or less and by a threequarters majority vote of the governing body if the increase is
more than 0.5 percent, up to a maximum increase of 1.5 percent.
b. With regard to a city, village, or county, if the governing
body consists of fewer than 5 members, by a majority vote of the
governing body if the increase is 0.5 percent or less and by a twothirds majority vote of the governing body if the increase is more
than 0.5 percent, up to a maximum increase of 1.5 percent.
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 majority
vote of the town board if the increase is 0.5 percent or less and by
a two-thirds majority vote of the town board if the increase is
more than 0.5 percent, up to a maximum increase of 1.5 percent.
(fm) 1. Subject to subds. 3. and 4., a political subdivision’s
levy increase limit otherwise applicable under this section may
be increased by any amount up to the maximum adjustment specified under subd. 2.
2. The maximum adjustment allowed under subd. 1. shall be
calculated by adding the difference between the political subdivision’s valuation factor in the previous year and the actual percent
increase in a political subdivision’s levy attributable to the political subdivision’s valuation factor in the previous year, for the 5
years before the current year, less any amount claimed under
subd. 1. in one of the 5 preceding years, except that the calculation may not include any year before 2014, and the maximum adjustment as calculated under this subdivision may not exceed 5
percent.
3. The adjustment described in subd. 1. may occur only if the
political subdivision’s governing body approves of the adjustment
by a two-thirds majority vote of the governing body and if the political subdivision’s level of outstanding general obligation debt
in the current year is less than or equal to the political subdivision’s level of outstanding general obligation debt in the previous
year.
4. This paragraph first applies to a levy that is imposed in
2015, and no political subdivision may make an adjustment under
this paragraph if it makes an adjustment under par. (f) for the
same year.
(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.
(h) 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 or a joint emergency medical services district, 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.
2. The exception to the limit that is described under subd. 1.
applies only if all of the following apply:
a. The total charges assessed by the joint fire department or
the joint emergency medical services district for the current year
increase, relative to the total charges assessed by the joint fire department or the joint emergency medical services district 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 August 31 of the year
of the levy, plus 2 percent.
b. The governing body of each city, village, and town that is
served by the joint fire department or the joint emergency medical services district adopts a resolution in favor of exceeding the
limit as described in subd. 1.
(i) 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.
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.
(j) 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.
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.
(k) 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.
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.
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.
(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.
(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.
(m) 1. The levy increase limit otherwise applicable under this
section to a city, village, or town in the current year is increased
by $1,000 for each new single-family residential dwelling unit for
which a city, village, or town issues an occupancy permit in the
preceding year and that is all of the following:
a. Located on a parcel of no more than 0.25 acre in a city or
village, or on a parcel of no more than one acre in a town.
b. Sold in the preceding year for not more than 80 percent of
the median price of a new residential dwelling unit in the city, village, or town in the preceding year.
2. Amounts levied under this paragraph may be used only for
police protective services, fire protective service, or emergency
medical services.
3. If a city, village, or town levies an amount under this paragraph, the city, village, or town may not decrease the amount it
spends for police protective services, fire protective services, or
emergency medical services below the amount the city, village,
or town spent in the preceding year.
(n) 1. For a political subdivision that receives a payment under s. 79.04 (5) (a) or (b), the limit otherwise applicable under
this section is increased by the amount that the political subdivision levies in that year to replace a revenue reduction incurred under s. 79.04 (5) (a) or (b). Subject to subd. 2., the amount levied
under this paragraph for a particular property may not exceed the
amount paid to the political subdivision under s. 79.04 (5) (a) 1.
or (b) 1. less the amount to be paid to the political subdivision under s. 79.04 (5) (a) or (b) in the year in which the levy is imposed
and less any amounts previously levied under this paragraph. A
revenue reduction is incurred under this paragraph when the
amount received by a political subdivision under s. 79.04 (5) (a)
or (b) in the current year is less than the amount received under s.
79.04 (5) (a) or (b) in the previous year.
2. This paragraph applies to revenue reductions for which a
payment under s. 79.04 (5) (a) or (b) is made after November 23,
2019. If the first payment made under s. 79.04 (5) (a) or (b) after
November 23, 2019, is under s. 79.04 (5) (a) 2. to 5. or (b) 2. to 5.,
the amount of the payment made under s. 79.04 (5) (a) or (b) in
the previous year shall be used in determining the maximum
amount of revenue reduction incurred.
(4) REFERENDUM EXCEPTION. (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. For purposes of this paragraph, the political subdivision may use its best estimate of its valuation factor,
based on the most current data available to it. The resolution
shall specify the proposed amount of increase in the levy, the purpose for which the increase will be used, and 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 any levy in an odd-numbered year, 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 on the same election dates as when a school
board may call for a referendum under s. 121.91 (3). Otherwise,
the referendum shall be held at the spring primary or election or
partisan primary or general election.
(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.
(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 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 ....% (based on ac-

tual data or the political subdivision’s best estimate), 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), for .... (purpose for which the increase will
be used), by a total of ....% (based on actual data or the political
subdivision’s best estimate), which results in a levy of $....?”. If
the increase is for the next fiscal year only, the question shall include the percentage increase in the levy from the previous year’s
levy, and, if the increase is on an ongoing basis, the question shall
include the amount of the increase for each fiscal year for which
the increase applies.
(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.
(5) EXCEPTION, CERTAIN TOWNS. A town with a population
of less than 3,000 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.
(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:
(a) Reduce the amount of the payment to the political subdivision under s. 79.02 (1) in the following year by an amount equal
to the amount of the penalized excess.
(b) Ensure that the amount of any reductions in payments under par. (a) lapses to the general fund.
(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.
(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.
(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:
(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.
(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.

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