Wisconsin 2019-2020 Regular Session Status: Enacted 3 R cosponsors

AB 235 — Relating to: exception from local levy limits for political subdivisions receiving certain utility aid payments. (FE)

Last action — Published 11-22-2019

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 23, 2019. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

51 added · 31 removed

Plain-language change summary

The latest version of Assembly Bill 235 introduces an exception to local property tax levy limits for political subdivisions receiving certain utility aid payments. Specifically, if a political subdivision experiences a reduction in utility aid payments compared to the previous year, it can increase its levy to compensate for that loss, which wasn't allowed in the prior version of the bill. This change is significant because it provides local governments with more flexibility to maintain funding for essential services when faced with fluctuating utility revenue.

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- 2020 LEGISLATURE LRBs0120/1 EVM:amn&cjs SENATE SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 235 October 8, 2019 - Offered by SenatANGGAARD .
- 2020 LEGISLATURE LRB-1468/1 EVM:amn ASSEMBLY BILL 235 May 23, 2019 - Introduced by Representatives K ERKMAN , SNYDER , SPIROS and S TEFFEN , cosponsored by Senator W ANGGAARD .
A N A CT to create 66.0602 (3) (n) of the statutes;
Referred to Committee on Energy and Utilities.
A N A CT to create 66.0602 (3) (e) 10.
of the statutes;
Analysis by the Legislative Reference Bureau This bill creates a levy limit exception for political subdivisions that receive certain utility aid payments.
Generally under current law, local levy limits are applied to the property tax levies that are imposed by a political subdivision in December of each year.
Current law prohibits any political subdivision from increasing its levy by a percentage that exceeds its “valuation factor," which is defined as the greater of either zero percent or the percentage change in the political subdivision's equalized value due to new construction, less improvements removed.
Current law contains a number of exceptions to the levy limit, such as amounts a county levies for a countywide emergency medical system, for a county children with disabilities education board, and for certain bridge and culvert construction and repair.
In addition, a political subdivision may exceed the levy limit that is otherwise applicable if its governing body adopts a resolution to do so and if that resolution is approved by the electors in a referendum.
Also under current law, if a power plant that is exempt from property taxes is decommissioned or closed, and therefore becomes taxable, the county and municipality where the plant is located receive a utility aid payment from the state for the first five years in which the plant is subject to the property tax in an amount equal to a percentage of the utility aid payment that the county or municipality received for the last year in which the plant was exempt.
The percentage decreases by 20 percent each year.
- 2020 Legislature - 2 - LRB-1468/1 EVM:amn ASSEMBLY BILL 235 This bill creates a levy limit exception for a political subdivision that is receiving these utility aid payments.
The amount that is exempt from the levy limit is equal to the full amount of the utility aid in the first year less the amount of the utility aid to be paid to the political subdivision in the year in which the levy is imposed.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
SECTION 1.
S ECTION 1.
66.0602 (3) (n) of the statutes is created to read:
66.0602 (3) (e) 10.
66.0602 (3) (n) 1.
of the statutes is created to read:
For a political subdivision that receives a payment under s.
66.0602 (3) (e) 10.
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.
For a political subdivision that will receive a payment under s.
79.04 (5) (a) or (b), the amount that the political subdivision levies in that year to replace a revenue reduction incurred under s.
Subject to subd.
The amount levied under this subdivision may not exceed the amount paid to the political subdivision under s.
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) or (b) in the year in which the levy is imposed and less any amounts previously levied under this paragraph.
79.04 (5) (a) or (b) in the year in which the levy is imposed.
A revenue LRBs0120/1 - 2020 Legislature - 2 - EVM:amn&cjs SECTION 1 reduction is incurred under this paragraph when the amount received by a political subdivision under s.
A revenue reduction is incurred under this subdivision only when a political subdivision receives a payment 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 current year that is less than the payment under s.
2.
This paragraph applies to revenue reductions for which a payment under s.
79.04 (5) (a) or (b) is made after the effective date of this subdivision ....
[LRB inserts date].
If the first payment made under s.
79.04 (5) (a) or (b) after the effective date of this subdivision ....
[LRB inserts date], 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.
SECTION 2.0Initial applicability.
(1) This act first applies to a levy that is imposed in December 2020.
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Action History

  1. Published 11-22-2019

  2. Report approved by the Governor on 11-21-2019. 2019 Wisconsin Act 45

  3. Presented to the Governor on 11-15-2019 by directive of the Speaker

  4. Report correctly enrolled on 10-16-2019

  5. Action ordered immediately messaged

  6. Senate Substitute Amendment 1 concurred in

  7. Received from Senate amended and concurred in as amended (Senate substitute amendment 1 adopted)

  8. Ordered immediately messaged

  9. Read a third time and concurred in as amended, Ayes 32, Noes 1

  10. Rules suspended

  11. Ordered to a third reading

  12. Senate Substitute Amendment 1 adopted

  13. Read a second time

  14. Senate Substitute Amendment 1 offered by Senator Wanggaard

  15. Placed on calendar 10-8-2019 pursuant to Senate Rule 18(1)

  16. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  17. Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  18. Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  19. Available for scheduling

  20. Read first time and referred to committee on Senate Organization

  21. Received from Assembly

  22. Ordered immediately messaged

  23. Read a third time and passed

  24. Rules suspended

  25. Ordered to a third reading

  26. Read a second time

  27. Placed on calendar 6-18-2019 by Committee on Rules

  28. Representative Ohnstad added as a coauthor

  29. Referred to committee on Rules

  30. Report passage recommended by Committee on Energy and Utilities, Ayes 13, Noes 1

  31. Executive action taken

  32. Fiscal estimate received

  33. Public hearing held

  34. Read first time and referred to Committee on Energy and Utilities

  35. Introduced by Representatives Kerkman, Snyder, Spiros and Steffen; cosponsored by Senator Wanggaard

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 128 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (128)

128 members have not signed on to this bill.

Show all 128 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CONCURRENCE

Passed 32 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18100
Republican 8000
Democrat 6000
Total 32100
% of votes cast 97%3%0%0%
How each member voted (33)
Member Party Vote
BERNIER — Yea
JOHNSON — Yea
ROTH — Yea
BEWLEY — Yea
SCHACHTNER — Yea
KOOYENGA — Yea
SHILLING — Yea
COWLES — Yea
CRAIG — Yea
STROEBEL — Yea
DARLING — Yea
ERPENBACH — Yea
MILLER — Yea
TIFFANY — Yea
OLSEN — Yea
HANSEN — Yea
PETROWSKI — Yea
RINGHAND — Yea
RISSER — Nay
Carpenter, Tim Democrat Yea
Fitzgerald, Joan Democrat Yea
Larson, Chris Democrat Yea
Smith, Jeff Democrat Yea
Taylor, Sequanna Democrat Yea
Wirch, Robert Democrat Yea
Feyen, Dan Republican Yea
Jacque, André Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Testin, Patrick Republican Yea
Wanggaard, Van Republican Yea

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Subjects

public-safety taxation
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Frequently asked questions

Who sponsors AB 235?
AB 235 is sponsored by Kerkman, Snyder, Patrick (Republican), Spiros, John (Republican), and Steffen, David (Republican).
What is the current status of AB 235?
This bill has been enacted into law. Introduced May 23, 2019. Enacted.
Where can I track AB 235?
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