Wisconsin Code § 79.05

Expenditure restraint incentive program
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(1) In
this section:
(a) “Full value” means the value determined under s. 70.57
including the value of tax increments under s. 66.1105.
(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 August 31
of the year before the statement under s. 79.015, except that the
percentage under this paragraph shall not be less than zero.
(b) “Municipal budget” means the municipality’s general
fund.
(c) “Property tax levy rate” means the amount determined as
follows:
1. Subtract the tax increment under s. 66.1105 from the total
property tax levy.
2. Subtract the tax incremental value under s. 66.1105 from
the full value.
3. Divide the amount under subd. 1. by the amount under
subd. 2.
(d) “Valuation factor” means a percentage equal to 60 percent
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.
(2) A municipality is eligible for a payment under sub. (3) if it
fulfills all of the following requirements:
(a) Its property tax levy rate established during the year before
the statement under s. 79.015 is greater than 5 mills.
(c) Its municipal budget; exclusive of principal and interest on
long-term debt and exclusive of revenue sharing payments under
s. 66.0305, payments of premiums under s. 66.0137 (5) (c) 1. and
1m., expenditures of amounts levied under s. 66.0602 (3) (h), revenues generated from a tax imposed under s. 77.701, payments
received under s. 79.038, expenditures of payments due to the termination of a tax incremental district under s. 79.096 (3), recycling fee payments under s. 289.645, expenditures of grant payments under s. 16.297 (1m), unreimbursed expenses related to an
emergency declared under s. 323.10, expenditures from moneys
received pursuant to P.L. 111-5, grants received from the state or
federal government for the purpose of providing law enforcement, fire protection, or emergency medical services, and expenditures made pursuant to a purchasing agreement with a school
district whereby the municipality makes purchases on behalf of
the school district; 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, payments of premiums under s. 66.0137 (5) (c) 1. and 1m., expenditures of
amounts levied under s. 66.0602 (3) (h), revenues generated from
a tax imposed under s. 77.701, payments received under s.
79.038, expenditures of payments due to the termination of a tax
incremental district under s. 79.096 (3), recycling fee payments
under s. 289.645, expenditures of grant payments under s. 16.297
(1m), unreimbursed expenses related to an emergency declared
under s. 323.10, expenditures from moneys received pursuant to
P.L. 111-5, grants received from the state or federal government
for the purpose of providing law enforcement, fire protection, or
emergency medical services, and expenditures made pursuant to
a purchasing agreement with a school district whereby the municipality makes purchases on behalf of the school district; 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 percent.
(2m) Annually, on October 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.
(3) Each municipality that qualifies under sub. (2) shall receive a payment calculated as follows:
(a) Subtract 5 mills from the municipality’s property tax levy
rate.
(b) Multiply the amount under par. (a) by the municipality’s
full value.
(c) Divide the amount under par. (b) by the total of the
amounts under par. (b) for all municipalities that qualify.
(d) Multiply the amount under par. (c) by the amount for the
year under s. 79.01 (1), 2021 stats.
(4) Notwithstanding subs. (2) and (3), in 2025, each municipality shall receive a payment under this section that is equal to
the amount of the payment received by the municipality under
this section in 2024.
(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.
(6) (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.
(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.
(c) If a municipality receives payments from another governmental unit for providing a service to that other governmental
unit, pursuant to a contract with the municipality, the municipality receiving the payments shall not include the amounts of the
payments nor the costs for providing the service in its budget for
the year in which it receives the payments, for the purpose of determining eligibility under sub. (2) (c).
(7) (a) Beginning with the distributions in 2018 and ending
with the distributions in 2022, the annual payment under this section to the village of Maine shall be the amount otherwise determined for the village under this section, plus $583,000.
(b) Beginning with the distributions in 2018 and ending with
the distributions in 2022, the annual payment under this section
to the city of Janesville shall be the amount otherwise determined
for the city under this section, plus $583,000.

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