2001 - 2002 LEGISLATURE
May 10, 2001 - Introduced by Representatives Black, Plouff, Gunderson, J.
Lehman, Richards, Reynolds, Pocan, Plale, Boyle, Berceau, Miller, La Fave,
Lassa and Powers, cosponsored by Senators Baumgart, George, Darling,
Burke and Risser. Referred to Joint survey committee on Tax Exemptions.
1An Act to create
70.11 (41) and 74.485 of the statutes; relating to: creating a
2property tax exemption for wetlands.
Analysis by the Legislative Reference Bureau
This bill creates a property tax exemption for lands zoned as wetlands by a
county and not used for agricultural purposes. If that land becomes taxable, except
as a result of remapping by the department of natural resources, the owner is
required to pay the equivalent of the property taxes that were saved on the lands,
based on an indexing of the most recent assessment before the wetlands became
exempt, plus interest at the rate of 6% per year for each year's taxes.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB387, s. 1
70.11 (41) of the statutes is created to read:
70.11 (41) Wetlands.
Wetlands, as defined in s. 23.32 (1), that are subject to 5
an ordinance under s. 59.692 (1m) and that are not used for agricultural purposes, 6
as defined in s. 23.33 (1) (ag).
AB387, s. 2
74.485 of the statutes is created to read:
274.485 Interest and penalty on rezoned wetlands. (1)
If property that is 3
exempt under s. 70.11 (41) becomes taxable, except as a result of remapping by the 4
department of natural resources, the current owner, on or before January 15, shall 5
pay to the taxation district in which the wetlands are located an amount calculated 6
(a) Increase the assessed value of the property, as determined as of the January 8
1 before the effective date of this paragraph .... [revisor inserts date], by the increase 9
in the consumer price index, all items, U.S. city average, as determined by the U.S. 10
department of labor, for the year beginning on January 1, and determine the 11
property taxes that would have been due on the property if it had been assessed at 12
that amount and if it had been taxable.
(b) For each subsequent year that the property was exempt, increase the value 14
determined for the property for the previous year by the increase during the previous 15
year in the consumer price index, all items, U.S. city average, as determined by the 16
U.S. department of labor, and determine the property taxes that would have been due 17
on the property if it had been assessed at that amount and if it had been taxable.
(c) For each of the years for which an amount is calculated under par. (a) or (b), 19
add interest at the rate of 6% per year beginning with the year for which the amount 20
is calculated under par. (a) and ending with the year during which the property is 21
no longer exempt.
(d) Add the amounts determined under pars. (a) to (c) for all of the years during 23
which the current owner owned the property.
As part of the next settlement of taxes under s. 74.25 or 74.30 (1) or under 25
subch. IX, the taxation district shall distribute to each taxing jurisdiction for which
it collects property taxes its share of the amount collected under sub. (1). On or before 2
January 10, the taxation district shall notify the department of revenue if a payment 3
is required under sub. (1).
Any amount due under sub. (1) that is not timely paid is subject to interest 5
at the rate of 0.5% per month or part of a month.
This act takes effect on the first January 1 after publication.