LRB-0380/1
JK:wlj:rs
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.
AB387,1,2 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 3Section 1. 70.11 (41) of the statutes is created to read:
AB387,1,64 70.11 (41) Wetlands. Wetlands, as defined in s. 23.32 (1), that are subject to
5an ordinance under s. 59.692 (1m) and that are not used for agricultural purposes,
6as defined in s. 23.33 (1) (ag).
AB387, s. 2
1Section 2. 74.485 of the statutes is created to read:
AB387,2,6 274.485 Interest and penalty on rezoned wetlands. (1) If property that is
3exempt under s. 70.11 (41) becomes taxable, except as a result of remapping by the
4department of natural resources, the current owner, on or before January 15, shall
5pay to the taxation district in which the wetlands are located an amount calculated
6as follows:
AB387,2,127 (a) Increase the assessed value of the property, as determined as of the January
81 before the effective date of this paragraph .... [revisor inserts date], by the increase
9in the consumer price index, all items, U.S. city average, as determined by the U.S.
10department of labor, for the year beginning on January 1, and determine the
11property taxes that would have been due on the property if it had been assessed at
12that amount and if it had been taxable.
AB387,2,1713 (b) For each subsequent year that the property was exempt, increase the value
14determined for the property for the previous year by the increase during the previous
15year in the consumer price index, all items, U.S. city average, as determined by the
16U.S. department of labor, and determine the property taxes that would have been due
17on the property if it had been assessed at that amount and if it had been taxable.
AB387,2,2118 (c) For each of the years for which an amount is calculated under par. (a) or (b),
19add interest at the rate of 6% per year beginning with the year for which the amount
20is calculated under par. (a) and ending with the year during which the property is
21no longer exempt.
AB387,2,2322 (d) Add the amounts determined under pars. (a) to (c) for all of the years during
23which the current owner owned the property.
AB387,3,3 24(2) As part of the next settlement of taxes under s. 74.25 or 74.30 (1) or under
25subch. IX, the taxation district shall distribute to each taxing jurisdiction for which

1it collects property taxes its share of the amount collected under sub. (1). On or before
2January 10, the taxation district shall notify the department of revenue if a payment
3is required under sub. (1).
AB387,3,5 4(3) Any amount due under sub. (1) that is not timely paid is subject to interest
5at the rate of 0.5% per month or part of a month.
AB387, s. 3 6Section 3. Effective date.
AB387,3,77 (1) This act takes effect on the first January 1 after publication.
AB387,3,88 (End)
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