SB44-SSA1,679,9
171.91
(5) (h) All fees and compensation of officials or other persons performing
2any act or functions required in carrying out this subchapter, except such as are by
3this subchapter to be paid to such officials or persons by the taxpayer, shall, upon
4presentation to the department of revenue of an itemized and verified statement of
5the amount due, be paid
by the state treasurer, upon audit by the department of
6administration on the certificate of the secretary of revenue
, by the secretary of
7administration and charged to the proper appropriation for the department of
8revenue. No public official shall be entitled to demand prepayment of any fee for the
9performance of any official act required in carrying out this subchapter.
SB44-SSA1,679,1911
71.91
(7) (e) Paragraphs (b) to (d) shall apply in any case in which the employer
12is the United States or any instrumentality thereof or this state or any municipality
13or other subordinate unit thereof except those provisions imposing a liability on the
14employer for failure to withhold or remit. But an amount equal to any amount
15withheld by any municipality or other subordinate unit of this state under this
16subsection and not remitted to the department as required by this subsection shall
17be retained by the
state treasurer secretary of administration from funds otherwise
18payable to any such municipality or subordinate unit, and transmitted instead to the
19department, upon certification by the secretary of revenue.
SB44-SSA1,679,2321
71.93
(1) (a) 4. An amount that the department of workforce development may
22recover under s.
49.161, 49.195 (3)
, or 49.793,
or may collect under s. 49.147 (6) (cm), 23if the department of workforce development has certified the amount under s. 49.85.
SB44-SSA1,680,2
171.93
(1) (a) 5. An amount owed to the department of corrections under s.
2304.073 (2) or 304.074 (2).
SB44-SSA1,680,7
472.24 Refunding. Whenever any amount has been paid in excess of the tax
5determined, the
state treasurer secretary of administration, upon certification by
6the department or circuit court, shall refund the excess to the payor or other person
7entitled thereto.
SB44-SSA1,680,229
73.01
(4) (b) Any matter required to be heard by the commission may be heard
10by any member of the commission or its hearing examiner and reported to the
11commission, and hearings of matters pending before it shall be assigned to members
12of the commission or its hearing examiner by the chairperson.
Unless a majority of
13the commission decides that the full commission should decide a case, cases Cases 14other than small claims cases shall be decided by
a panel of 3 members the full
15commission, except that if one or more members of the commission are unavailable,
16cases other than small claims cases shall be decided by the member or members 17assigned by the chairperson prior to the hearing. If the parties have agreed to an oral
18decision, the member or members conducting the hearing may render an oral
19decision. Hearings shall be open to the public and all proceedings shall be conducted
20in accordance with rules of practice and procedure prescribed by the commission.
21Small claims cases shall be decided by one commissioner assigned by the chairperson
22prior to the hearing.
SB44-SSA1,681,424
73.01
(4) (em) 1. If only 2 commissioners are available to participate in a
25decision in a case that would otherwise be decided by the full commission, and if the
12 commissioners cannot agree on the resolution of the case, the chairperson of the
2commission shall make the decision in the case, except that, if the chairperson is not
3participating in the case, the commissioner participating in the case who has been
4a commissioner for the longer period of time shall make the decision.
SB44-SSA1,681,75
2. If only one commissioner is available to participates in a decision in a case
6that would otherwise be decided by the full commission, the commissioner who
7participates in the case shall make the decision.
SB44-SSA1,682,199
73.03
(2a) To prepare, have published and distribute to each property tax
10assessor and to others who so request assessment manuals. The manual shall
11discuss and illustrate accepted assessment methods, techniques and practices with
12a view to more nearly uniform and more consistent assessments of property at the
13local level. The manual shall be amended by the department from time to time to
14reflect advances in the science of assessment, court decisions concerning assessment
15practices, costs, and statistical and other information considered valuable to local
16assessors by the department. The manual shall incorporate standards for the
17assessment of all types of renewable energy resource systems used in this state as
18soon as such systems are used in sufficient numbers and sufficient data exists to
19allow the formulation of valid guidelines. The manual shall incorporate standards,
20which the department of revenue and the state historical society of Wisconsin shall
21develop, for the assessment of nonhistoric property in historic districts and for the
22assessment of historic property, including but not limited to property that is being
23preserved or restored; property that is subject to a protective easement, covenant or
24other restriction for historic preservation purposes; property that is listed in the
25national register of historic places in Wisconsin or in this state's register of historic
1places and property that is designated as a historic landmark and is subject to
2restrictions imposed by a municipality or by a landmarks commission. The manual
3shall incorporate general guidelines about ways to determine whether property is
4taxable in part under s. 70.1105 and examples of the ways that s. 70.1105 applies in
5specific situations. The manual shall state that assessors are required to comply with
6s. 70.32 (1g) and shall suggest procedures for doing so. The manual or a supplement
7to it shall specify per acre value guidelines for each municipality for various
8categories of agricultural land based on the income that could be generated from its
9estimated rental for agricultural use, as defined by rule, and capitalization rates
10established by rule. The manual shall include guidelines for classifying land as
11agricultural land, as defined in s. 70.32 (2) (c)
1.
1g., and guidelines for distinguishing
12between land and improvements to land. The cost of the development, preparation,
13publication and distribution of the manual and of revisions and amendments to it
14shall be borne by the assessors and requesters at an individual volume cost or a
15subscription cost as determined by the department. All receipts shall be credited to
16the appropriation under s. 20.566 (2) (hi). The department may provide free
17assessment manuals to other state agencies or exchange them at no cost with
18agencies of other states or of the federal government for similar information or
19publications.
SB44-SSA1,683,1021
73.03
(6) In its discretion to inspect and examine or cause an inspection and
22examination of the records of any town, city, village
, or county officer whenever such
23officer shall have failed or neglected to return properly the information as required
24by sub. (5), within the time set by the department of revenue. Upon the completion
25of such inspection and examination the department of revenue shall transmit to the
1clerk of the town, city, village
, or county a statement of the expenses incurred by the
2department of revenue to secure the necessary information. Duplicates of such
3statements shall be filed in the office of the
department secretary of administration
4and state treasurer. Within 60 days after the receipt of the above statement, the
5same shall be audited, as other claims of towns, cities, villages
, and counties are
6audited, and shall be paid into the state treasury, in default of which the same shall
7become a special charge against such town, city, village
, or county and be included
8in the next apportionment or certification of state taxes and charges, and collected
9with interest at the rate of 10% per year from the date such statements were certified
10by the department, as other special charges are certified and collected.
SB44-SSA1,683,1212
73.03
(59) To enforce ss. 945.03 (2m) and 945.04 (2m).
SB44-SSA1,683,1614
73.03
(60) To enforce s. 945.05 (1m), in cases in which the department
15determines that the video gambling machine involved is likely to be used in
16connection with a violation of s. 945.03 (2m) or 945.04 (2m).
SB44-SSA1,684,6
1873.031 Arrest powers. A special agent of the department of revenue who has
19been certified as a law enforcement officer by the law enforcement standards board
20and who is on duty may arrest a person if the special agent believes, on reasonable
21grounds, that a warrant for the person's arrest has been issued in this state
or, that
22a felony warrant has been issued in another state
, that the person is violating or has
23violated s. 945.03 (2m) or 945.04 (2m), or that the person is violating or has violated
24s. 945.05 (1m) in a case in which the department determines that the video gambling
25machine involved is likely to be used in connection with a violation of s. 945.03 (2m)
1or 945.04 (2m) or if a crime has been committed in the presence of the special agent.
2The special agent shall cause the person arrested and the documents and reports
3pertaining to the arrest to be delivered to the chief of police or sheriff in the
4jurisdiction where the arrest is made. The special agent shall be available as a
5witness for the state. A special agent acting under this section is an employee of the
6department and is subject to its direction, benefits and legal protection.
SB44-SSA1,684,178
73.09
(2) Department of revenue assessment personnel. The requirements
9established for local assessment personnel under sub. (1) shall also apply to
10department of revenue assessment personnel commencing on January 1, 1981. The
11department of employment relations office of state human resources management 12with the assistance of the department of revenue shall determine the position
13classifications for which certification shall apply within the department of revenue.
14The first level of certification shall be obtained within 100 days of the employee's
15appointment. The department of revenue in consultation with the
department of
16employment relations office of state human resources management shall establish
17requirements for obtaining higher levels of assessor certification.
SB44-SSA1,684,2519
73.09
(5) Examinations. As provided in subs. (1) and (2), the department of
20revenue, assisted by the division of merit recruitment and selection in the
21department of employment relations office of state human resources management,
22shall prepare and administer examinations for each level of certification. Persons
23applying for an examination under this subsection shall submit a $20 examination
24fee with their application. Certification shall be granted to each person who passes
25the examination for that level.
SB44-SSA1,685,172
73.10
(6) The department may establish a scale of charges for audits,
3inspections
, and other services rendered by the department in connection with
4financial records or procedures of towns, villages, cities, counties
, and all other local
5public bodies, boards, commissions, departments
, or agencies. Upon the completion
6of such work or, at the department's discretion, during work in progress, the
7department shall transmit to the clerk of the town, village, city, county
, or other local
8public body, board, commission, department
, or agency a statement of such charges.
9Duplicates of the statements shall be filed in the
offices office of the
state treasurer 10secretary of administration. Within 60 days after the receipt of the above statement
11of charges, it shall be audited as other claims against towns, villages, cities, counties
, 12and other local public bodies, boards, commissions, departments
, or agencies are
13audited, and it shall be paid into the state treasury and credited to the appropriation
14under s. 20.566 (2) (gi). Past due accounts of towns, villages, cities, counties
, and all
15other local public bodies, boards, commissions, departments
, or agencies shall be
16certified on or before the 4th Monday of August of each year and included in the next
17apportionment of state special charges to local units of government.
SB44-SSA1,685,2219
74.09
(3) (b) 1. For real property, the estimated fair market value of the land,
20except agricultural land, as defined in s. 70.32 (2) (c)
1. 1g., and the assessed value
21of the land and the estimated fair market value and assessed value of the
22improvements.
SB44-SSA1,686,3
174.09
(3) (b) 2. For all property, the total estimated fair market value, except
2that the estimated fair market value of agricultural land, as defined in s. 70.32 (2)
3(c)
1. 1g., shall be excluded, and the total assessed value.
SB44-SSA1,686,85
74.25
(1) (a) 5. Pay to the
state treasurer secretary of administration all
6collections of occupational taxes on mink farms, 30% of collections of occupational
7taxes on iron ore concentrates
, and 10% of collections of occupational taxes on coal
8docks.
SB44-SSA1,686,13
1074.27 March settlement between counties and the state. On or before
11March 15, the county treasurer shall send to the
state treasurer secretary of
12administration the state's proportionate shares of taxes under ss. 74.23 (1) (b) and
1374.25 (1) (b) 1. and 2.
SB44-SSA1,686,1815
74.30
(1) (e) Pay to the
state treasurer secretary of administration all
16collections of occupational taxes on mink farms, 30% of collections of occupational
17taxes on iron ore concentrates
, and 10% of collections of occupational taxes on coal
18docks.
SB44-SSA1,686,2220
74.30
(1m) March settlement between counties and the state. On or before
21March 15, the county treasurer shall send to the
state treasurer secretary of
22administration the state's proportionate shares of taxes under sub. (1) (i) and (j).
SB44-SSA1,686,2524
74.485
(1) Definition. In this section, "agricultural land" has the meaning
25given in s. 70.32 (2) (c)
1. 1g.
SB44-SSA1,687,92
74.485
(4) (a) A person who owns land that has been assessed as agricultural
3land under s. 70.32 (2r) and who converts the land's use so that the land is not eligible
4to be assessed as agricultural land under s. 70.32 (2r) is not subject to a penalty under
5sub. (2) if the converted land may be assessed as
swamp or waste undeveloped under
6s. 70.32 (2) (a) 5.,
as agricultural forest under s. 70.32 (2) (a) 5m., as productive forest
7land under s. 70.32 (2) (a) 6., or as other under s. 70.32 (2) (a) 7. or if the amount of
8the penalty determined under sub. (2) represents less than $25 for each acre of
9converted land.
SB44-SSA1,687,1612
74.57
(3m) Certificate transferable. The county may sell, assign, or
13otherwise transfer a tax certificate. If a tax certificate is redeemed after the
14certificate is sold, assigned, or otherwise transferred, the county shall submit the
15redemption proceeds to the person to whom the certificate was sold, assigned, or
16otherwise transferred.
SB44-SSA1,687,1918
74.63
(1) The tax certificate
, or, if the county has sold, assigned, or otherwise
19transferred the tax certificate, a copy of the tax certificate.
SB44-SSA1,688,1121
76.13
(2) Every tax roll upon completion shall be delivered to the
state
22treasurer and a copy of the tax roll filed with the secretary of administration. The
23department shall notify, by certified mail, all companies listed on the tax roll of the
24amount of tax due, which shall be paid to the department. The payment dates
25provided for in sub. (2a) shall apply. The payment of one-fourth of the tax of any
1company may, if the company has brought an action in the Dane County circuit court
2under s. 76.08, be made without delinquent interest as provided in s. 76.14 any time
3prior to the date upon which the appeal becomes final, but any part of the tax
4ultimately required to be paid shall bear interest from the original due date to the
5date the appeal became final at the rate of 12% per year and at 1.5% per month
6thereafter until paid. The taxes extended against any company after the same
7become due, with interest, shall be a lien upon all the property of the company prior
8to all other liens, claims
, and demands whatsoever, except as provided in ss. 292.31
9(8) (i) and 292.81, which lien may be enforced in an action in the name of the state
10in any court of competent jurisdiction against the property of the company within the
11state as an entirety.
SB44-SSA1,689,213
76.13
(3) If the Dane County circuit court, after such roll is delivered to the
14state treasurer secretary of administration, increases or decreases the assessment
15of any company, the department shall immediately redetermine the tax of the
16company on the basis of the revised assessment, and shall certify and deliver the
17revised assessment to the
state treasurer secretary of administration as a revision
18of the tax roll. If the amount of tax upon the assessment as determined by the court
19is less than the amount paid by the company, the
excess shall be refunded secretary
20of administration shall refund the excess to the company with interest at the rate of
219% per year
upon the certification of the redetermined tax and for that purpose the
22secretary of administration, upon the certification and delivery of the revised tax roll,
23shall draw a warrant upon the state treasurer for the amount to be so refunded. If
24the amount of the tax upon the assessment as determined by the court is in excess
25of the amount of the tax as determined by the department, interest shall be paid on
1the additional amount at the rate of 12% per year from the date of entry of judgment
2to the date the judgment becomes final, and at 1.5% per month thereafter until paid.
SB44-SSA1,689,154
76.15
(2) The power to reassess the property of any company defined in s. 76.02
5and the general property of the state, and to redetermine the average rate of
6taxation, may be exercised under sub. (1) as often as may be necessary until the
7amount of taxes legally due from any such company for any year under ss. 76.01 to
876.26 has been finally and definitely determined. Whenever any sum or part thereof,
9levied upon any property subject to taxation under ss. 76.01 to 76.26 so set aside has
10been paid and not refunded, the payment so made shall be applied upon the
11reassessment upon the property, and the reassessment of taxes to that extent shall
12be deemed to be satisfied. When the tax roll on the reassessment is completed and
13delivered to the
state treasurer secretary of administration, the department shall
14immediately notify by certified mail each of the several companies taxed to pay the
15amount of the taxes extended on the tax roll within 30 days.
SB44-SSA1,689,2017
76.22
(3) The
state treasurer secretary of administration for and in the name
18of the state may bid at the sale and the state may become the purchaser of the
19property of any such company under a judgment for its sale for taxes, interest
, and
20costs.
SB44-SSA1,690,222
76.24
(1) All taxes collected from companies defined in s. 76.02 under this
23subchapter shall be transmitted by the department to the
state treasurer secretary
24of administration and become a part of the general fund for the use of the state,
1except that taxes paid into the state treasury by any air carrier or railroad company
2shall be deposited in the transportation fund.
SB44-SSA1,690,124
76.28
(4) (b) In the case of overpayments of license fees by any light, heat and
5power company under par. (a), the department shall certify the overpayments to the
6department of administration, which shall audit the amount of the overpayments
7and the
state treasurer secretary of administration shall pay the amounts
8determined by means of the audit. All refunds of license fees under this subsection
9shall bear interest at the annual rate of 9% from the date of the original payment to
10the date when the refund is made. The time for making additional levies of license
11fees or claims for refunds of excess license fees paid, in respect to any year, shall be
12limited to 4 years after the time the report for such year was filed.
SB44-SSA1,690,1914
76.39
(4) (d) All refunds shall be certified by the department to the department
15of administration which shall audit the amount of the refunds and the
state
16treasurer secretary of administration shall pay the amount, together with interest
17at the rate of 9% per year from the date payment was made. All additional taxes shall
18bear interest at the rate of 12% per year from the time they should have been paid
19to the date upon which the additional taxes shall become delinquent if unpaid.
SB44-SSA1,691,521
76.48
(3) On or before May 1 in each year, the department of revenue shall
22compute and assess the license fees provided for in sub. (1r) and certify the amounts
23due
to the
state treasurer and file a duplicate thereof with the department secretary 24of administration. The department shall notify each electric cooperative of the
25amount of the license fees so assessed. The fees shall become delinquent if not paid
1when due and when delinquent shall be subject to interest at the rate of 1.5% per
2month on the amount of license fee until paid. The interest shall be collected by the
3department and, upon collection, forwarded to the
state treasurer secretary of
4administration and retained by the state. The payment dates provided for in sub.
5(3a) shall apply.
SB44-SSA1,691,187
76.48
(5) Additional assessments may be made, if notice of such assessment is
8given, within 4 years of the date the annual return was filed, but if no return was
9filed, or if the return filed was incorrect and was filed with intent to defeat or evade
10the tax, an additional assessment may be made at any time upon the discovery of
11gross revenues by the department. Refunds may be made if a claim for the refund
12is filed in writing with the department within 4 years of the date the annual return
13was filed. Refunds shall bear interest at the rate of 9% per year and shall be certified
14by the department to the secretary of administration who shall audit the amounts
15of such overpayments and
the state treasurer shall pay the amount audited.
16Additional assessments shall bear interest at the rate of 12% per year from the time
17they should have been paid to the date upon which they shall become delinquent if
18unpaid.
SB44-SSA1,692,1120
77.04
(2) Tax per acre; payment; penalty. The "acreage share" shall be
21computed at the rate of 10 cents per acre on all lands entered prior to 1972. On all
22lands entered after December 31, 1971, the "acreage share" shall be computed every
2310 years to the nearest cent by the department of revenue at the rate of 20 cents per
24acre multiplied by a ratio using the equalized value of the combined residential,
25commercial, manufacturing, agricultural,
swamp, or waste undeveloped,
1agricultural forest, and productive forest land classes under s. 70.32 (2) within the
2state in 1972 as the denominator, and using equalized value for these combined land
3classes in 1982 and every 10th year thereafter as the numerator. All owners shall
4pay to the taxation district treasurer the acreage share on each description on or
5before January 31. If the acreage share is not paid when due to the taxation district
6treasurer it shall be subject to interest and penalty as provided under ss. 74.11 (11),
774.12 (10) and 74.47. These lands shall be returned as delinquent and a tax
8certificate under subch. VII of ch. 74 shall be issued on them. After 2 years from the
9date of the issuance of a tax certificate, the county clerk shall promptly take a tax
10deed under ch. 75. On taking such deed the county clerk shall certify that fact and
11specify the descriptions to the department of natural resources.
SB44-SSA1,692,20
1377.14 Forest croplands information, protection, appropriation. The
14department of natural resources shall publish and distribute information regarding
15the method of taxation of forest croplands under this subchapter, and may employ
16a fire warden in charge of fire prevention in forest croplands. All actual and
17necessary expenses incurred by the department of natural resources or by the
18department of revenue in the performance of their duties under this subchapter shall
19be paid from the appropriation made in s. 20.370 (1)
(mu) (mv) upon certification by
20the department incurring such expenses.
SB44-SSA1,693,1722
77.52
(2) (a) 1. The furnishing of rooms or lodging to transients by hotelkeepers,
23motel operators and other persons furnishing accommodations that are available to
24the public, irrespective of whether membership is required for use of the
25accommodations
, if the use of the rooms or lodging is not fixed at the time of sale as
1to the starting day or the lodging unit. In this subdivision, "transient" means any
2person residing for a continuous period of less than one month in a hotel, motel or
3other furnished accommodations available to the public. In this subdivision, "hotel"
4or "motel" means a building or group of buildings in which the public may obtain
5accommodations for a consideration, including, without limitation, such
6establishments as inns, motels, tourist homes, tourist houses or courts, lodging
7houses, rooming houses, summer camps, apartment hotels, resort lodges and cabins
8and any other building or group of buildings in which accommodations are available
9to the public, except accommodations, including mobile homes as defined in s.
1066.0435 (1) (d), rented for a continuous period of more than one month and
11accommodations furnished by any hospitals, sanatoriums, or nursing homes, or by
12corporations or associations organized and operated exclusively for religious,
13charitable or educational purposes provided that no part of the net earnings of such
14corporations and associations inures to the benefit of any private shareholder or
15individual. In this subdivision, "one month" means a calendar month or 30 days,
16whichever is less, counting the first day of the rental and not counting the last day
17of the rental.
SB44-SSA1,694,719
77.59
(7) If the department believes that the collection of any tax imposed by
20this subchapter will be jeopardized by delay, it shall notify the person determined to
21owe the tax of its intention to proceed under s. 71.91 (5) for collection of the amount
22determined to be owing, including penalties and interest. Such notice shall be by
23certified or registered mail or by personal service and the warrant of the department
24shall not issue if the person, within 10 days after such notice furnishes a bond in such
25amount not exceeding double the amount determined to be owing and with such
1sureties as the department approves, conditioned upon the payment of so much of
2the taxes, interest
, and penalties as shall finally be determined to be due. Nothing
3in this subsection shall affect the review of determinations of tax as provided in this
4subchapter and any amounts collected under this subsection shall be deposited with
5the
state treasurer secretary of administration and disbursed after final
6determination of the taxes as are amounts deposited under ss. 71.89 (1) and 71.90
7(2).
SB44-SSA1,694,15
977.635 Determination of tax receipts related to motor vehicles.
10Beginning on July 1, 2005, and on each July 1 thereafter, the department of revenue
11shall determine the total amount of the taxes imposed under ss. 77.52 and 77.53 that
12is paid to the department of revenue and to the department of transportation in the
13immediately preceding calendar year on the sale or use of new motor vehicles.
14Annually on July 1, 20% of the total amount determined under this section shall be
15transferred from s. 20.855 (4) (fn) to the transportation fund.
SB44-SSA1,694,22
1777.66 Certification for collection of sales and use tax. The secretary of
18revenue shall determine and periodically certify to the secretary of administration
19the names of persons, and affiliates, as defined in s. 16.70 (1b), of persons, who make
20sales of tangible personal property and taxable services that are subject to the taxes
21imposed under this subchapter but who are not registered to collect and remit such
22taxes to the department or, if registered, do not collect and remit such taxes.
SB44-SSA1,695,3
177.91
(4) Expenses. Except as provided in sub. (5), the department's expenses
2for the administration of this subchapter shall be paid from the appropriation under
3s. 20.370 (1)
(mu) (mv).
SB44-SSA1,695,115
77.91
(5) Recording. Each register of deeds who receives notice of an order
6under this subchapter shall record the action as provided under s. 59.43 (1). The
7department shall pay the register of deeds the fee specified under s. 59.43 (2) (ag) 1.
8from the appropriation under s. 20.370 (1) (cr). If the amount in the appropriation
9under s. 20.370 (1) (cr) in any fiscal year is insufficient to pay the full amount
10required under this subsection in that fiscal year, the department shall pay the
11balance from the appropriation under s. 20.370 (1)
(mu) (mv).
SB44-SSA1,695,1413
79.01
(2d) There is established an account in the general fund entitled the
14"County
and Municipal Aid Account."