AB900: Bill Text

LRB-4097/3

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2007 - 2008 LEGISLATURE

2007 Assembly BILL 900

February 28, 2008 - Introduced by Representatives Wieckert, Gottlieb, Pocan, Kreuser, Jeskewitz, Black, Hixson, Musser, Soletski, Jorgensen, Hilgenberg, Albers, Hraychuck, Hintz, Molepske, Garthwaite, Sheridan, Seidel, Mason, Nelson and Shilling, cosponsored by Senators Hansen, Cowles, Taylor, Risser, Darling and Roessler. Referred to Committee on Housing.

AB900,1,3 An Act to amend 77.22 (2) (intro.); and to repeal and recreate 77.265 of the statutes; relating to: the confidentiality and electronic filing of real estate transfer returns.

Analysis by the Legislative Reference Bureau

Under current law, generally, a real estate transfer return filed with a register of deeds is confidential, except that it may be disclosed to certain local officials and state agencies for specific purposes. Under this bill, generally, a real estate transfer return may still be disclosed under certain circumstances, but social security numbers and telephone numbers contained in the return remain confidential. The bill also requires that all real estate transfer returns be filed electronically on or after July 1, 2009, except that the secretary of the Department of Revenue may waive the requirement if it causes an undue hardship.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB900, s. 1 Section 1. 77.22 (2) (intro.) of the statutes is amended to read:

AB900,2,5 77.22 (2) (intro.) The secretary of revenue shall prescribe the form required under sub. (1). Forms filed on or after July 1, 2009, shall be filed electronically in the manner prescribed by the secretary. The secretary may waive the requirement to file electronically if the secretary determines, based on a written application for a waiver, that the requirement causes an undue hardship. The form shall include an application for a credit under s. 79.10 (5) and shall provide for the submission of the following:

AB900, s. 2 Section 2. 77.265 of the statutes is repealed and recreated to read:

AB900,2,10 77.265 Confidentiality. Grantor and grantee social security numbers and grantor and grantee telephone numbers from real estate transfer returns shall be confidential, but the returns, and the information contained in the returns, may be disclosed as follows:

AB900,2,13 (1) The department of revenue shall distribute information from the returns to local assessors. The local assessors shall maintain the confidentiality of social security numbers and telephone numbers from the returns.

AB900,2,21 (2) The local assessor shall permit the inspection of all returns filed under this subchapter for property within any local unit of government for which property taxes are levied by the chief elected official, or a person designated by the official, of that unit upon the adoption of a resolution by the governing body of the unit directing the official to inspect the returns for the purpose of reviewing the basis upon which equalized values were established by the department of revenue under s. 70.57, and the official or designee shall maintain the confidentiality of grantor and grantee social security numbers and telephone numbers from the returns.

AB900,2,25 (3) The returns may be used in any proceeding involving the requisite amount of the fee and may be produced in any proceeding subject to a valid subpoena or court order, but the court, or adjudicating agency, and the parties shall maintain the confidentiality of social security numbers and telephone numbers from the returns.

AB900,3,3 (4) The department of workforce development may use the returns under s. 106.50, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.

AB900,3,7 (5) The department of revenue, county real property listers under s. 70.09, and local assessors and their employees and agents may use the returns, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.

AB900,3,10 (6) Governmental agencies that acquire real property for public purposes, or that administer taxes, may use the returns, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.

AB900,3,14 (7) In a condemnation proceeding or in an appeal of an assessment of real property, the property owners and the owners' agents may inspect the returns after signing a written agreement to maintain the confidentiality of social security numbers and telephone numbers from the returns inspected.

AB900,3,17 (8) A county may use the returns to develop a tract index, but shall maintain the confidentiality of social security numbers and telephone numbers from the returns.

AB900,3,20 (9) The department of revenue may make available to the public all information obtained from the returns except social security numbers and telephone numbers from the returns.

AB900,3,21 (End)