AB932: Bill Text

AB932,4,12 33.01 (9) (b) 1. Whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year; or

AB932, s. 9 Section 9. 38.28 (2) (b) 2. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB932,4,18 38.28 (2) (b) 2. The most current equalized values certified by the department of revenue shall be used in aid determinations. Equalized values shall include the full value of property that is exempt under s. 70.11 (39) and (39m) as determined under s. 79.095 (3).

AB932, s. 10 Section 10. 66.0235 (2) (b) of the statutes is amended to read:

AB932,5,6 66.0235 (2) (b) When the transfer of territory from one local governmental unit to another results from the incorporation of a new city or village, the proportion of the assets and liabilities assigned to the new city or village shall be based on the average assessed valuation for the preceding 5 years of the property transferred in proportion to the average assessed valuation for the preceding 5 years of all the taxable property of the entire local governmental unit from which the territory is taken, according to the assessment rolls of the local governmental unit for those years. The certification by the clerk of the local governmental unit from which territory was transferred because of the incorporation shall include the assessed value of the real and personal property within the territory transferred for each of the last 5 years. The preceding 5 years shall include the assessment rolls for the 5 calendar years prior to the incorporation.

AB932, s. 11 Section 11. 66.0235 (2c) (a) 2. of the statutes is amended to read:

AB932,5,17 66.0235 (2c) (a) 2. The clerk of any school district to which territory is transferred, within 30 days of the effective date of the transfer, shall certify to the clerk of the local governmental unit from which the territory was transferred a metes and bounds description of the land area involved. Upon receipt of the description the clerk of the local governmental unit from which the territory was transferred shall certify to the department of revenue the latest assessed value of the real and personal property located within the transferred territory, file one copy of the certification with the school district clerk and one copy with the department of public instruction and make any further reports as needed by the department of revenue in the performance of duties required by law.

AB932, s. 12 Section 12. 66.0435 (1) (hm) of the statutes is created to read:

AB932,5,21 66.0435 (1) (hm) "Recreational mobile home" means a mobile home that is no larger than 400 square feet and that is used primarily as temporary living quarters for recreational, camping, travel, or seasonal purposes.

AB932, s. 13 Section 13. 66.0435 (3) (c) 1. (intro.) of the statutes is amended to read:

AB932,6,3 66.0435 (3) (c) 1. (intro.) In addition to the license fee provided in pars. (a) and (b), each licensing authority shall collect from each mobile home occupying space or lots in a park in the licensing authority,; except from mobile homes that constitute improvements to real property under s. 70.043 (1) and from, recreational mobile homes, and camping trailers as defined in s. 70.111 (19), s. 340.01 (6m); a monthly parking permit fee computed as follows:

AB932, s. 14 Section 14. 66.0435 (3) (c) 1. b. of the statutes is amended to read:

AB932,6,8 66.0435 (3) (c) 1. b. The fair market value, determined under subd. 1. a., minus the tax-exempt household furnishings thus established, shall be equated to the general level of assessment for the prior year on other real and personal property in the district.

AB932, s. 15 Section 15. 66.0435 (3) (g) of the statutes is amended to read:

AB932,6,12 66.0435 (3) (g) Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under chs. 70 and 74.

AB932, s. 16 Section 16. 66.0435 (9) of the statutes is amended to read:

AB932,6,19 66.0435 (9) Municipalities; parking fees on mobile homes. A licensing authority may assess parking fees at the rates under this section on recreational mobile homes, as defined in s. 70.111 (19) except mobile homes which are located in campgrounds licensed under s. 254.47 and mobile homes which are located on land where the principal residence of the owner of the mobile home is located, regardless of whether the mobile home is occupied during all or part of any calendar year.

AB932, s. 17 Section 17. 66.0517 (3) (b) 1. of the statutes is amended to read:

AB932,7,15 66.0517 (3) (b) 1. Except as provided in sub. (2) (b), a weed commissioner shall receive compensation for the destruction of noxious weeds as determined by the town board, village board or city council upon presenting to the proper treasurer the account for noxious weed destruction, verified by oath and approved by the appointing officer. The account shall specify by separate items the amount chargeable to each piece of land, describing the land, and shall, after being paid by the treasurer, be filed with the town, village or city clerk. The clerk shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under ch. 74, except in case of lands which are exempt from taxation, railroad lands or other lands for which taxes are not collected under ch. 74. A delinquent tax may be collected as is a delinquent real property tax under chs. 74 and 75 or as is a delinquent personal property tax under ch. 74. In case of railroad lands or other lands for which taxes are not collected under ch. 74, the amount chargeable against these lands shall be certified by the town, village or city clerk to the state treasurer who shall add the amount designated to the sum due from the company owning, occupying or controlling the lands specified. The state treasurer shall collect the amount chargeable as prescribed in subch. I of ch. 76 and return the amount collected to the town, city or village from which the certification was received.

AB932, s. 18 Section 18. 66.1105 (2) (j) of the statutes is amended to read:

AB932,7,22 66.1105 (2) (j) "Tax incremental base" means the aggregate value, as equalized by the department of revenue, of all taxable property located within a tax incremental district on the date as of which the district is created, determined as provided in sub. (5) (b). The base of districts created before October 1, 1980, does not include the value of property exempted under s. 70.111 (17) merchant's stock-in-trade, manufacturers' materials and finished products, and livestock.

AB932, s. 19 Section 19. 67.101 (1) (b) of the statutes is amended to read:

AB932,8,4 67.101 (1) (b) Beginning on January 1, 1973, except interest which is received by the city as a part of the aggregate amounts from the sale of capital assets, one-third of all interest money received by the city treasury on any invested city funds and one-third of all interest received by the city treasury on any other funds to the interest of which the city is entitled including one-third of all interest received on delinquent personal property taxes.

AB932, s. 20 Section 20. 70.01 of the statutes is amended to read:

AB932,8,16 70.01 General property taxes; upon whom levied. Taxes shall be levied, under this chapter, upon all general property in this state except property that is exempt from taxation. Real estate taxes and personal property taxes are deemed to be levied when the tax roll in which they are included has been delivered to the local treasurer under s. 74.03. When so levied such taxes are a lien upon the property against which they are charged. That lien is superior to all other liens, except a lien under s. 292.31 (8) (i) or 292.81, and is effective as of January 1 in the year when the taxes are levied. Liens of special assessments of benefits for local improvements shall be in force as provided by the charter or general laws applicable to the cities that make the special assessments. In this chapter, unless the context requires otherwise, references to "this chapter" do not include ss. 70.37 to 70.395.

AB932, s. 21 Section 21. 70.02 of the statutes is amended to read:

AB932,8,22 70.02 Definition of general property. General property is all the taxable real and personal property defined in ss. s. 70.03 and 70.04 except that which is taxed under ss. 70.37 to 70.395 and ch. 76 and subchs. I and VI of ch. 77. General property includes manufacturing property subject to s. 70.995, but assessment of that property shall be made according to s. 70.995.

AB932, s. 22 Section 22. 70.05 (5) (a) 1. of the statutes is amended to read:

AB932,9,3 70.05 (5) (a) 1. "Assessed value" means with respect to each taxation district the total values established under ss. s. 70.32 and 70.34, but excluding manufacturing property subject to assessment under s. 70.995.

AB932, s. 23 Section 23. 70.05 (5) (a) 1m. of the statutes is amended to read:

AB932,9,8 70.05 (5) (a) 1m. "Class of property" means residential under s. 70.32 (2) (a) 1.; commercial under s. 70.32 (2) (a) 2.; personal property; or the sum of swamp or waste under s. 70.32 (2) (a) 5., productive forest land under s. 70.32 (2) (a) 6. and other under s. 70.32 (2) (a) 7.

AB932, s. 24 Section 24. 70.07 (6) of the statutes is amended to read:

AB932,9,24 70.07 (6) The board of assessors shall remain in session until all corrections and changes have been made, including all those resulting from investigations by committees of objections to valuations filed with the commissioner of assessments as provided in this subsection, after which the commissioner of assessments shall prepare the assessment rolls as corrected by the board of assessors and submit them to the board of review not later than the 2nd Monday in October. The person assessed, having been notified of the determination of the board of assessors as required in sub. (4), shall be deemed to have accepted the determination unless the person notifies the commissioner of assessments in writing, within 10 days, of the desire to present testimony before the board of review. After the board of review has met, the commissioner of assessments may appoint committees of the board of assessors to investigate any objections to the amount or valuation of any real or personal property which have been filed with the commissioner of assessments. The committees may at the direction of the commissioner of assessments report their investigation and recommendations to the board of review and any member of any such committee shall be a competent witness in any hearing before the board of review.

AB932, s. 25 Section 25. 70.075 (6) of the statutes is amended to read:

AB932,10,18 70.075 (6) The board of assessors shall remain in session until all corrections and changes have been made, including all those resulting from investigations by committees of objections to valuations filed with the city assessor as provided in this section, after which the city assessor shall prepare the assessment rolls as corrected by the board of assessors and submit them to the board of review not later than the last Monday in July. A person assessed who has been notified of the determination of the board of assessors as required in sub. (4) is deemed to have accepted such determination unless the person notifies the city assessor in writing, within 10 days, of a desire to present testimony before the board of review. After the board of review meets, the city assessor may appoint committees of the board of assessors to investigate any objections to the amount or valuation of any real or personal property which are referred to the city assessor by the board of review. The committees so appointed may at the city assessor's direction report their investigation and recommendations to the board of review and any member of any such committee shall be a competent witness in any hearing before the board of review.

AB932, s. 26 Section 26. 70.10 of the statutes is amended to read:

AB932,11,2 70.10 Assessment, when made, exemption. The assessor shall assess all real and personal property as of the close of January 1 of each year. Except in cities of the 1st class and 2nd class cities that have a board of assessors under s. 70.075, the assessment shall be finally completed before the first Monday in April. All real property conveyed by condemnation or in any other manner to the state, any county, city, village or town by gift, purchase, tax deed or power of eminent domain before January 2 in such year shall not be included in the assessment. Assessment of manufacturing property subject to s. 70.995 shall be made according to that section.

AB932, s. 27 Section 27. 70.11 (4m) (a) of the statutes is amended to read:

AB932,11,19 70.11 (4m) (a) Real property owned and used and personal property used exclusively for the purposes of any hospital of 10 beds or more devoted primarily to the diagnosis, treatment or care of the sick, injured, or disabled, which hospital is owned and operated by a corporation, voluntary association, foundation or trust, except an organization that is organized under s. 185.981 or ch. 611, 613 or 614 and that offers a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) or an organization that is issued a certificate of authority under ch. 618 and that offers a health maintenance organization or a limited service health organization, no part of the net earnings of which inures to the benefit of any shareholder, member, director or officer, and which hospital is not operated principally for the benefit of or principally as an adjunct of the private practice of a doctor or group of doctors. This exemption does not apply to property used for commercial purposes, as a health and fitness center or as a doctor's office. The exemption for residential property shall be limited to dormitories of 12 or more units which house student nurses enrolled in a state accredited school of nursing affiliated with the hospital.

AB932, s. 28 Section 28. 70.11 (9) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB932,12,9 70.11 (9) Memorials. All memorial halls and the real estate upon which the same are located, owned and occupied by any organization of United States war veterans organized pursuant to act of congress and domesticated in this state pursuant to the laws of this state, containing permanent memorial tablets with the names of former residents of any given town, village, city or county who lost their lives in the military or naval service of the state or the United States in any war inscribed thereon, and all personal property owned by such organizations, and all buildings erected, purchased or maintained by any county, city, town or village as memorials under s. 45.05 or 45.055. The renting of such halls or buildings for public purposes shall not render them taxable, provided that all income derived therefrom be used for the upkeep and maintenance thereof. Where such hall or building is used in part for exempt purposes and in part for pecuniary profit, it shall be assessed for taxation to the extent of such use for pecuniary profit as provided in s. 70.1105 (1).

AB932, s. 29 Section 29. 70.11 (11) of the statutes is amended to read:

AB932,12,14 70.11 (11) Bible camps. All real property not exceeding 30 acres and the personal property situated therein, of any Bible camp conducted by a religious nonprofit corporation organized under the laws of this state, so long as the property is used for religious purposes and not for pecuniary profit of any individual.

AB932, s. 30 Section 30. 70.11 (12) (b) of the statutes is amended to read:

AB932,12,20 70.11 (12) (b) Real property not exceeding 40 acres and the personal property located thereon owned by units which are not organized in this state of the organizations listed in par. (a). No such unit which is not organized in this state may claim an exemption for more than a total of 80 rods of shoreline on lakes, rivers and streams.

AB932, s. 31 Section 31. 70.11 (13) of the statutes is amended to read:

AB932,13,3 70.11 (13) Cemeteries. Land owned by cemetery authorities, as defined in s. 157.061 (2), and used exclusively as public burial grounds and tombs and monuments therein, and privately owned burial lots; land adjoining such burial grounds, owned and occupied exclusively by the cemetery authority for cemetery purposes; personal property owned by any cemetery authority and necessary for the care and management of burial grounds; burial sites and contiguous lands which are cataloged under s. 157.70 (2) (a).

AB932, s. 32 Section 32. 70.11 (15) of the statutes is amended to read:

AB932,13,7 70.11 (15) Manure storage facilities. Any manure storage facility used by a farmer. This exemption shall apply whether the facility is deemed personal property or is so affixed to the realty as to be classified as real estate.

AB932, s. 33 Section 33. 70.11 (26) of the statutes is amended to read:

AB932,13,12 70.11 (26) Property of industrial development agencies. All real and personal property owned by an industrial development agency formed under s. 59.57 (2). Any such property subject to contract of sale or lease shall be taxed as personal property to the vendee or lessee thereof.

AB932, s. 34 Section 34. 70.11 (31) of the statutes is amended to read:

AB932,13,20 70.11 (31) Sports and entertainment facilities. Real and personal property consisting of or contained in a sports and entertainment facility, including related or auxiliary structures, constructed by a nonprofit corporation for the purpose of donation to the state or to an instrumentality of the state, if the state indicates by legislative or executive action that it will accept the facility. This exemption shall apply during construction and operation if the facility is owned by a nonprofit corporation, the state or an instrumentality of the state.

AB932, s. 35 Section 35. 70.11 (32) of the statutes is amended to read:

AB932,14,6 70.11 (32) Nonprofit youth hockey associations. Land not exceeding 13 acres, and the buildings on that land and personal property, if the land is owned or leased by and the buildings and personal property are owned by, and all the property is used exclusively for the purposes of, a nonprofit youth hockey association, except that the exemption under this subsection does not apply to the property of a nonprofit youth hockey association if any of its property was funded in whole or in part by industrial revenue bonds unless that association's facilities were placed in operation after January 1, 1988. Leasing all or a portion of the property does not render that property taxable if all of the leasehold income is used for maintenance of the leased property.

AB932, s. 36 Section 36. 70.11 (39) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB932, s. 37 Section 37. 70.11 (39m) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB932, s. 38 Section 38. 70.111 (1) to (9) of the statutes are repealed.

AB932, s. 39 Section 39. 70.111 (10) (b) of the statutes is amended to read:

AB932,14,21 70.111 (10) (b) Tractors and machines Machines; including accessories, attachments, fuel and repair parts for them; whether owned or leased, that are used exclusively and directly in farming; including dairy farming, agriculture, horticulture, floriculture and custom farming services; but not including personal property that is attached to, fastened to, connected to or built into real property or that becomes an addition to, component of or capital improvement to real property and not including buildings or improvements to real property, regardless of any contribution that that personal property makes to the production process in them and regardless of the extent to which that personal property functions as a machine.

AB932, s. 40 Section 40. 70.111 (11) of the statutes is repealed.

AB932, s. 41 Section 41. 70.111 (17) of the statutes is repealed.

AB932, s. 42 Section 42. 70.111 (20) of the statutes is repealed.

AB932, s. 43 Section 43. 70.111 (22) and (23) of the statutes are repealed.

AB932, s. 44 Section 44. 70.112 (1), (5), and (6) of the statutes are repealed.

AB932, s. 45 Section 45. 70.13 of the statutes is repealed.

AB932, s. 46 Section 46. 70.14 of the statutes is repealed.

AB932, s. 47 Section 47. 70.15 (2) of the statutes is amended to read:

AB932,15,15 70.15 (2) The owner of any steam vessel, barge, boat or other water craft, hailing from any port of this state, "and so employed regularly in interstate traffic," desiring to comply with the terms of this section, shall annually, on or before the first day of January, file with the clerk of such town, village or city a verified statement, in writing, containing the name, port of hail, tonnage and name of owner of such steam vessel, barge, boat or other water craft, and shall thereupon pay into the said treasury of such town, village or city a sum equal to one cent per net ton of the registered tonnage of said vessel, and the treasurer shall thereupon issue a receipt. All vessels, boats or other water craft not regularly employed in interstate traffic and all private yachts or pleasure boats belonging to inhabitants of this state, whether at home or abroad, shall be taxed as personal property.

AB932, s. 48 Section 48. 70.17 (1) of the statutes is amended to read:

AB932,15,25 70.17 (1) Real property shall be entered in the name of the owner, if known to the assessor, otherwise to the occupant thereof if ascertainable, and otherwise without any name. The person holding the contract or certificate of sale of any real property contracted to be sold by the state, but not conveyed, shall be deemed the owner for such purpose. The undivided real estate of any deceased person may be entered to the heirs of such person without designating them by name. The real estate of an incorporated company shall be entered in the same manner as that of an individual. Improvements on leased lands may shall be assessed either as real property or personal property.

AB932, s. 49 Section 49. 70.174 of the statutes is amended to read:

AB932,16,6 70.174 Improvements on government-owned land. Improvements made by any person on land within this state owned by the United States may shall be assessed either as real or personal property to the person making the same improvements, if ascertainable, and otherwise to the occupant thereof of the improvements or the person receiving benefits therefrom from the improvements.

AB932, s. 50 Section 50. 70.18 of the statutes is repealed.

AB932, s. 51 Section 51. 70.19 of the statutes is repealed.

AB932, s. 52 Section 52. 70.20 of the statutes is repealed.

AB932, s. 53 Section 53. 70.21 of the statutes is repealed.

AB932, s. 54 Section 54. 70.22 of the statutes is repealed.

AB932, s. 55 Section 55. 70.29 of the statutes is repealed.

AB932, s. 56 Section 56. 70.30 of the statutes is repealed.

AB932, s. 57 Section 57. 70.34 of the statutes is repealed.

AB932, s. 58 Section 58. 70.345 of the statutes is repealed.

AB932, s. 59 Section 59. 70.35 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB932, s. 60 Section 60. 70.36 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB932, s. 61 Section 61. 70.365 of the statutes is amended to read:

AB932,17,14 70.365 Notice of changed assessment. When the assessor assesses any taxable real property, or any improvements taxed as personal property under s. 77.84 (1), and arrives at a different total than the assessment of it for the previous year, the assessor shall notify the person assessed if the address of the person is known to the assessor, otherwise the occupant of the property. The notice shall be in writing and shall be sent by ordinary mail at least 15 days before the meeting of the board of review or before the meeting of the board of assessors in 1st class cities and in 2nd class cities that have a board of assessors under s. 70.075 and shall contain the amount of the changed assessment and the time, date and place of the meeting of the local board of review or of the board of assessors. However, if the assessment roll is not complete, the notice shall be sent by ordinary mail at least 15 days prior to the date to which the board of review has adjourned. The assessor shall attach to the assessment roll a statement that the notices required by this section have been mailed and failure to receive the notice shall not affect the validity of the changed assessment, the resulting changed tax, the procedures of the board of review or of the board of assessors or the enforcement of delinquent taxes by statutory means. The secretary of revenue shall by rule prescribe the form of the notice required under this section. The form shall include information notifying the taxpayer of the procedures to be used to object to the assessment.

AB932, s. 62 Section 62. 70.40 (5) of the statutes is amended to read:

AB932,17,18 70.40 (5) All laws not in conflict with this section relating to the assessment, collection, and payment of personal property taxes and the correction of errors in assessment and tax rolls, shall apply to the tax imposed in this section.

AB932, s. 63 Section 63. 70.41 (5) of the statutes is amended to read: