SB55-SSA1-CA1,407,321
71.47
(1dx) (d)
Carry-over precluded. If a person who is entitled under s.
22560.795 (3) to claim tax benefits or certified under s. 560.765 (3)
or, 560.797 (4)
or
23560.798 (3) for tax benefits ceases business operations in the development zone
24during any of the taxable years that that zone exists, that person may not carry over
1to any taxable year following the year during which operations cease any unused
2credits from the taxable year during which operations cease or from previous taxable
3years.".
SB55-SSA1-CA1,407,5
5"
Section 2192k. 71.47 (1dx) (b) (intro.) of the statutes is amended to read:
SB55-SSA1-CA1,407,116
71.47
(1dx) (b)
Credit. (intro.) Except or provided
in pars. (be) and (bg) and 7in s. 73.03 (35)
, and subject to s. 560.785, for any taxable year for which the person
8is entitled under s. 560.795 (3) to claim tax benefits or certified under s. 560.765 (3)
9or, 560.797 (4)
or 560.798 (3), any person may claim as a credit against taxes imposed
10on the person's income from the person's business activities in a development zone
11under this subchapter the following amounts:
SB55-SSA1-CA1,407,1713
71.47
(1dx) (be)
Offset. A claimant in a development zone under s. 560.795 (1)
14(e) may offset any credits claimed under this subsection, including any credits
15carried over, against the amount of the tax otherwise due under this subchapter
16attributable to all of the claimant's income and against the tax attributable to income
17from directly related business operations of the claimant.
SB55-SSA1-CA1,408,819
71.47
(1dx) (bg)
Other entities. For claimants in a development zone under s.
20560.795 (1) (e), partnerships, limited liability companies, and tax-option
21corporations may not claim the credit under this subsection, but the eligibility for,
22and amount of, that credit shall be determined on the basis of their economic activity,
23not that of their shareholders, partners, or members. The corporation, partnership,
24or company shall compute the amount of the credit that may be claimed by each of
1its shareholders, partners, or members and shall provide that information to each
2of its shareholders, partners, or members. Partners, members of limited liability
3companies, and shareholders of tax-option corporations may claim the credit based
4on the partnership's, company's, or corporation's activities in proportion to their
5ownership interest and may offset it against the tax attributable to their income from
6all of the partnership's, company's, or corporation's business operations and against
7the tax attributable to their income from the partnership's, company's, or
8corporation's directly related business operations.".
SB55-SSA1-CA1,408,1211
71.47
(9t) Artistic endowment credit. (a)
Definition. In this subsection,
12"claimant" means a person who files a claim under this subsection.
SB55-SSA1-CA1,408,1713
(b)
Filing claims. For taxable years beginning after December 31, 2002, subject
14to the limitations provided in this subsection, a claimant may claim as a credit
15against the tax imposed under s. 71.43, up to the amount of those taxes, an amount
16equal to 10% of the amount contributed to the artistic endowment fund under s.
1725.78, up to a maximum credit of $500 in a taxable year.
SB55-SSA1-CA1,408,2118
(c)
Limitations and conditions. 1. No new claim may be filed under this
19subsection for a taxable year that begins after December 31 of the year in which the
20department determines that the total amount of revenues received by the
21endowment fund equals $50,150,000.
SB55-SSA1-CA1,408,2322
2. No credit may be allowed under this subsection unless it is claimed within
23the time period under s. 71.75 (2).
SB55-SSA1-CA1,409,2
1(d)
Administration. Section 71.28 (4) (e) and (g), as it applies to the credit under
2s. 71.28 (4), applies to the credit under this subsection.
SB55-SSA1-CA1,409,44
71.49
(1) (bm) Artistic endowment credit under s. 71.47 (9t).".
SB55-SSA1-CA1,409,97
71.93
(1) (a) 3. An amount that the department of health and family services
8may recover under s.
49.45 (2) (a) 10. or 49.497, if the department of health and
9family services has certified the amount under s. 49.85.".
SB55-SSA1-CA1,409,1612
71.59
(1m) Permitted uses. The designation by the department of natural
13resources
or by the department of forestry of any farmland in this state, for which
14a claim under this section may be filed, as part of the ice age trail, under s. 23.17, is
15a permitted use under a farmland preservation agreement, or a certificate of a zoning
16authority, under sub. (1) (b).".
SB55-SSA1-CA1,409,24
19"72.01
(11m) "Federal credit" means, for deaths occurring after September 30,
202002, and before January 1, 2008, the federal estate tax credit allowed for state death
21taxes as computed under the federal estate tax law in effect on December 31, 2000,
22and for deaths occurring after December 31, 2007, the federal estate tax credit
23allowed for state death taxes as computed under the federal estate tax law in effect
24on the day of the decedent's death.".
SB55-SSA1-CA1,410,6
2"72.01
(11n) "Federal estate tax" means, for deaths occurring after September
330, 2002, and before January 1, 2008, the federal estate tax as computed under the
4federal estate tax law in effect on December 31, 2000, and for deaths occurring after
5December 31, 2007, the federal estate tax as computed under the federal estate tax
6law in effect on the day of the decedent's death.".
SB55-SSA1-CA1,411,219
73.03
(57) To include on the forms on which the artistic endowment credits are
20claimed, under ss. 71.07 (9t), 71.28 (9t), and 71.47 (9t), a statement that a taxpayer
21may contribute amounts to the artistic endowment fund under s. 25.78 that exceed
22the amount for which a credit may be claimed by reducing the taxpayer's refund or
1by increasing the taxpayer's payment for tax liability, with the proceeds to be
2deposited into the fund.".
SB55-SSA1-CA1,411,205
73.06
(3) The department of revenue, through its supervisors of equalization,
6shall examine and test the work of assessors during the progress of their assessments
7and ascertain whether any of them is assessing property at other than full value or
8is omitting property subject to taxation from the roll. The department and such
9supervisors shall have the rights and powers of a local assessor for the examination
10of persons and property and for the discovery of property subject to taxation. If any
11property has been omitted or not assessed according to law, they shall bring the same
12to the attention of the local assessor of the proper district and if such local assessor
13shall neglect or refuse to correct the assessment they shall report the fact to the board
14of review. If it discovers errors in identifying or valuing property that is exempt
15under s. 70.11 (39)
or (39m), the department shall change the specification of the
16property as taxable or exempt and shall change the value of the property. All
17disputes between the department, municipalities and property owners about the
18taxability or value of property that is reported under s. 79.095 (2) (a) or of the
19property under s. 70.995 (12r) shall be resolved by using the procedures under s.
2070.995 (8).".
SB55-SSA1-CA1,412,3
176.02
(6m) "Repair facility" means property on which a roundhouse, a repair
2shop, and a turntable are located and at which railcars and locomotives are built,
3maintained, and repaired.
SB55-SSA1-CA1,412,20
576.16 Separate valuation of repair facilities, docks, piers, wharves, ore
6yards, elevators, car ferries and pipeline terminal facilities. After the
7property of a company is first valued as a whole, if any
repair facilities, docks, ore
8yards, piers, wharves, grain elevators or car ferries used in transferring freight or
9passengers between cars and vessels or transfer of freight cars located on car ferries,
10or if any terminal storage facilities, docks, pipelines and pumping equipment used
11in transferring oil from pipelines to vessels shall be included in such valuation, then
12for the purpose of accounting to the proper taxation districts, the department shall
13make a separate valuation of each such
repair facility, dock, ore yard, pier, wharf,
14grain elevator, including the approaches thereto, or car ferries and of each such
15terminal storage facility, dock, pipeline and pumping equipment. As used herein, an
16approach shall be an immediate access facility commencing at the switching point
17which leads primarily to the terminal facility. For the purpose of defining the
18pipeline terminal facilities affected by this section, such facilities shall begin where
19the incoming pipeline enters the terminal storage facility site used in the transfer
20of oil to vessels.
SB55-SSA1-CA1,413,422
76.24
(2) (a) All taxes paid by any railroad company derived from or
23apportionable to
repair facilities, docks, ore yards, piers, wharves, grain elevators,
24and their approaches, or car ferries or terminal storage facilities, docks, pipelines
25and pumping equipment used in transferring oil from pipelines to vessels on the
1basis of the separate valuation provided for in s. 76.16, shall be distributed annually
2from the transportation fund to the towns, villages and cities in which they are
3located, pursuant to certification made by the department of revenue on or before
4August 15.".
SB55-SSA1-CA1,413,187
76.025
(1) The property taxable under s. 76.13 shall include all franchises, and
8all real and personal property of the company used or employed in the operation of
9its business, excluding property that is exempt from the property tax under s. 70.11
10(39)
and (39m), such motor vehicles as are exempt under s. 70.112 (5) and treatment
11plant and pollution abatement equipment exempt under s. 70.11 (21) (a). The
12taxable property shall include all title and interest of the company referred to in such
13property as owner, lessee or otherwise, and in case any portion of the property is
14jointly used by 2 or more companies, the unit assessment shall include and cover a
15proportionate share of that portion of the property jointly used so that the
16assessments of the property of all companies having any rights, title or interest of
17any kind or nature whatsoever in any such property jointly used shall, in the
18aggregate, include only one total full value of such property.".
SB55-SSA1-CA1,414,922
77.02
(1) Petition. The owner of an entire quarter quarter section, fractional
23lot or government lot as determined by U.S. government survey plat, excluding
24public roads and railroad rights-of-way that may have been sold, may file with the
1department of
natural resources forestry a petition stating that the owner believes
2the lands therein described are more useful for growing timber and other forest crops
3than for any other purpose, that the owner intends to practice forestry thereon, that
4all persons holding encumbrances thereon have joined in the petition and requesting
5that such lands be approved as "Forest Croplands" under this subchapter. Whenever
6any such land is encumbered by a mortgage or other indenture securing any issue
7of bonds or notes, the trustee named in such mortgage or indenture or any
8amendment thereto may join in such petition, and such action shall for the purpose
9of this section be deemed the action of all holders of such bonds or notes.
SB55-SSA1-CA1,415,811
77.02
(2) Notice of hearing, adjournment. Upon receipt of such petition the
12department of
natural resources forestry shall investigate the same and shall file a
13listing of descriptions with the town chairperson. For petitions received prior to May
141, the department shall within the same calendar year cause a notice that such
15petition has been filed to be published as a class 3 notice, under ch. 985, in the
16newspaper having the largest general circulation in the county in which the lands
17are located, and notice by registered mail shall be given to the town clerk of any town
18in which the lands are located. Such notice shall contain the name of the petitioner,
19a description of the lands and a statement that any resident of or taxpayer in the
20town may within 15 days from the date of publication of the notice file a request with
21the department that it conduct a public hearing on the petition. Upon receipt of such
22a request the department shall conduct a public hearing on the petition. The
23department may conduct a public hearing on any petition without a request, if it
24deems it advisable to do so. Notice of the time and place of such hearing and a
25description, in specific or general terms, as the department deems advisable, of the
1property requested to be approved as "Forest Croplands" shall be given to persons
2making the request, the owner of such land and to the assessor of towns in which it
3is situated, by mail, at least one week before the day of hearing. The notice also shall
4be published as a class 1 notice, under ch. 985, in a newspaper having general
5circulation in the county in which such land is located, at least one week before the
6day of the hearing. Such hearing may be adjourned and no notice of the time and
7place of such adjourned hearing need be given, excepting the announcement thereof
8by the presiding officer at the hearing at which the adjournment is had.
SB55-SSA1-CA1,416,810
77.02
(3) Decision, copies. After receiving all the evidence offered at any
11hearing held on the petition and after making such independent investigation as it
12sees fit the department shall make its findings of fact and make and enter an order
13accordingly. If it finds that the facts give reasonable assurance that a stand of
14merchantable timber will be developed on such descriptions within a reasonable
15time, and that such descriptions are then held permanently for the growing of timber
16under sound forestry practices, rather than for agricultural, mineral, shoreland
17development of navigable waters, recreational, residential or other purposes, and
18that all persons holding encumbrances against such descriptions have in writing
19agreed to the petition, the order entered shall grant the request of the petitioner on
20condition that all unpaid taxes against said descriptions be paid within 30 days
21thereafter; otherwise the department of
natural resources forestry shall deny the
22request of the petitioner. If the request of the petitioner is granted, a copy of such
23order shall be filed with the department of revenue, the supervisor of equalization
24and the clerk of each town, and the order shall be recorded with the register of deeds
25of each county, in which any of the lands affected by the order are located. The
1register of deeds shall record the entry, transfer or withdrawal of all forest croplands
2in a suitable manner on the county records. The register of deeds may collect
3recording fees under s. 59.43 (2) from the owner. Any order of the department
4relating to the entry of forest croplands issued on or before November 20 of any year
5shall take effect on January 1 of the following calendar year, but all orders issued
6after November 20 shall take effect on January 1 of the calendar year following the
7calendar year in which orders issued on or before November 20 would have been
8effective.
SB55-SSA1-CA1,417,8
1077.03 Taxation of forest croplands. After the filing and recording of the
11order with the officers under s. 77.02 (3) the lands described therein shall be "Forest
12Croplands", on which taxes shall thereafter be payable only as provided under this
13subchapter. The enactment of ss. 77.01 to 77.14, petition by the owner and the
14making of the order under s. 77.02 (3) shall constitute a contract between the state
15and the owner, running with the lands, for a period of 25 or 50 years at the election
16of the applicant at the time the petition is filed, unless withdrawn under s. 77.10,
17with privilege of renewal by mutual agreement between the owner and the state,
18whereby the state as an inducement to owners and prospective purchasers of forest
19croplands to come under ss. 77.01 to 77.14 agrees that, unless withdrawn under s.
2077.10, no change in or repeal of ss. 77.01 to 77.14 shall apply to any land then
21accepted as forest croplands, except as the department of
natural resources forestry 22and the owner may expressly agree in writing and except as provided in s. 77.17. If
23at the end of the contract period the land is not designated as managed forest land
24under subch. VI, the merchantable timber on the land shall be estimated by an
25estimator jointly agreed upon by the department of
natural resources forestry and
1the owner, and if the department and the owner fail to agree on an estimator, the
2judge of the circuit court of the district in which the lands lie shall appoint a qualified
3forester, whose estimate shall be final, and the cost thereof shall be borne jointly by
4the department of
natural resources forestry and the owner; and the 10% severance
5tax paid on the stumpage thereon in the same manner as if the stumpage had been
6cut. The owners by such contract consent that the public may hunt and fish on the
7lands, subject to such rules as the department of natural resources prescribes
8regulating hunting and fishing.
SB55-SSA1-CA1,418,210
77.04
(2) Tax per acre; payment; penalty. The "acreage share" shall be
11computed at the rate of 10 cents per acre on all lands entered prior to 1972. On all
12lands entered after December 31, 1971, the "acreage share" shall be computed every
1310 years to the nearest cent by the department of revenue at the rate of 20 cents per
14acre multiplied by a ratio using the equalized value of the combined residential,
15commercial, manufacturing, agricultural, swamp, or waste and productive forest
16land classes under s. 70.32 (2) within the state in 1972 as the denominator, and using
17equalized value for these combined land classes in 1982 and every 10th year
18thereafter as the numerator. All owners shall pay to the taxation district treasurer
19the acreage share on each description on or before January 31. If the acreage share
20is not paid when due to the taxation district treasurer it shall be subject to interest
21and penalty as provided under ss. 74.11 (11), 74.12 (10) and 74.47. These lands shall
22be returned as delinquent and a tax certificate under subch. VII of ch. 74 shall be
23issued on them. After 2 years from the date of the issuance of a tax certificate, the
24county clerk shall promptly take a tax deed under ch. 75. On taking such deed the
1county clerk shall certify that fact and specify the descriptions to the department of
2natural resources forestry.
SB55-SSA1-CA1,418,7
477.05 State contribution. The department of
natural resources forestry shall
5pay before June 30 annually to the town treasurer, from the appropriation under s.
620.370 (5) (bv) 20.375 (2) (vm), 20 cents for each acre of land in the town that is
7described as forest croplands under this subchapter.
SB55-SSA1-CA1,418,229
77.06
(1) Cutting timber regulated. No person shall cut any merchantable
10wood products on any forest croplands where the forest crop taxes are delinquent nor
11until 30 days after the owner has filed with the department of
natural resources 12forestry a notice of intention to cut, specifying by descriptions and the estimated
13amount of wood products to be removed and the proportion of present volume to be
14left as growing stock in the area to be cut. The department of
natural resources 15forestry may require a bond executed by some surety company licensed in this state
16or other surety for such amount as may reasonably be required for the payment to
17the department of
natural resources forestry of the severance tax hereinafter
18provided. The department, after examination of the lands specified, may prescribe
19the amount of forest products to be removed. Cutting in excess of the amount
20prescribed shall render the owner liable to double the severance tax prescribed in s.
2177.06 (5) and subject to cancellation under s. 77.10. Merchantable wood products
22include all wood products except wood used for fuel by the owner.
SB55-SSA1-CA1,419,924
77.06
(2) Appraisal of timber, zones. Each year the department of
natural
25resources forestry, at the time and place it shall fix and after such public notice as
1it deems reasonable, shall hold a public hearing. After the hearing the department
2shall make and file, open to public inspection, a determination of the reasonable
3stumpage values of the wood products usually grown in the several towns in which
4any forest croplands lie. A public hearing under this section shall be held prior to
5August 1 of each year and the determination of stumpage values made by the
6department of
natural resources forestry shall take effect on November 1 of that year.
7If the department of
natural resources forestry finds there is a material variance in
8the stumpage values in the different localities, it may fix separate zones and
9determine the values for each zone.
SB55-SSA1-CA1,419,1511
77.06
(3) Revaluation. As to any locality or zone in which the department of
12natural resources forestry deems there has been no material variance from the
13preceding year in stumpage values, it may omit to make any new valuation in any
14year, in which event the last preceding valuation shall continue in force until
15changed in a succeeding year.
SB55-SSA1-CA1,420,317
77.06
(4) Cutting reported. Within 30 days after completion of cutting on any
18land description, but not more than one year after filing of the notice of intention to
19cut, the owner shall transmit to the department of
natural resources forestry on
20forms provided by the department a written statement of the products so cut,
21specifying the variety of wood, kind of product, and quantity of each variety and kind
22as shown by the scale or measurement thereof made on the ground as cut, skidded,
23loaded, delivered, or by tree scale certified by a qualified forester when stumpage is
24sold by tree measurement. The department of
natural resources forestry may accept
25such reports as sufficient evidence of the facts, or may either with or without hearing
1and notice of time and place thereof to such owner, investigate and determine the fact
2of the quantity of each variety and kind of product so cut during said periods
3preceding such reports.
SB55-SSA1-CA1,420,145
77.06
(5) Tax levy on right to cut timber. The department of
natural resources 6forestry shall assess and levy against the owner a severance tax on the right to cut
7and remove wood products covered by reports under this section, at the rate of 10%
8of the value of the wood products based upon the stumpage value then in force. Upon
9making the assessment, the department of
natural resources forestry shall mail a
10duplicate of the certificate by registered mail to the owner who made the report of
11cutting at the owner's last-known post-office address. The tax assessed is due and
12payable to the department of
natural resources forestry on the last day of the next
13calendar month after mailing the certificate. The proceeds of the tax shall be paid
14into the forestry
account of the conservation fund for distribution under s. 77.07 (3).
SB55-SSA1-CA1,420,2416
77.07
(2) Penalty, collections. If any severance tax remain unpaid for 30 days
17after it becomes due, there shall then be added a penalty of 10%, and such tax and
18penalty shall thereafter draw interest at the rate of one per cent per month until paid.
19At the expiration of said 30 days the department of
natural resources forestry shall
20report to the attorney general any unpaid severance tax, adding said penalty, and the
21attorney general shall thereupon proceed to collect the same with penalty and
22interest by suit against the owner and by attachment or other legal means to enforce
23the lien and by action on the bond mentioned in s. 77.06 (1), or by any or all such
24means.
SB55-SSA1-CA1,421,9
177.08 Supplemental severance tax. At any time within one year after any
2cutting should have been reported, the department of
natural resources forestry 3after due notice to the owner and opportunity to be heard, and on evidence duly made
4a matter of record, may determine whether the quantity of wood products cut from
5any such land, did in fact substantially exceed the amount on which the severance
6tax theretofore levied was based, and if so shall assess a supplemental severance tax
7which, in all respects, shall have the same force and effect as the former severance
8tax, except only it shall not be a lien on any property the title of which has passed
9to a purchaser for value without notice.
SB55-SSA1-CA1,421,1411
77.09
(1) Any person who fails to report or shall intentionally make any false
12statement or report to the department of
natural resources forestry required by s.
1377.06 shall forfeit not more than $1,000. An action under this section shall not be
14a bar to a cancellation of entry and order of withdrawal under s. 77.10.
SB55-SSA1-CA1,422,1616
77.10
(1) (a) The department of
natural resources forestry shall on the
17application of the department of revenue or the owner of any forest croplands or the
18town board of the town in which said lands lie and may on its own motion at any time
19cause an investigation to be made and hearing to be had as to whether any forest
20croplands shall continue under this subchapter. If on such hearing after due notice
21to and opportunity to be heard by the department of revenue, the town and the owner,
22the department of
natural resources forestry finds that any such lands are not
23meeting the requirements set forth in s. 77.02 or that the owner has made use of the
24land for anything other than forestry or has failed to practice sound forestry on the
25land, the department of
natural resources forestry shall cancel the entry of such
1description and issue an order of withdrawal, and the owner shall be liable for the
2tax and penalty under sub. (2). Copies of the order of withdrawal specifying the
3description shall be filed by the department of
natural resources forestry with all
4officers designated to receive copies of the order of entry and withdrawal and this
5subchapter shall not thereafter apply to the lands withdrawn, except s. 77.07 so far
6as it may be needed to collect any previously levied severance or supplemental
7severance tax. If the owner shall not repay the amounts on or before the last day of
8February next succeeding the return of such lands to the general property tax roll
9as provided in sub. (4), the department of
natural resources forestry shall certify to
10the county treasurer the descriptions and the amounts due, and the county treasurer
11shall sell such lands as delinquent as described in s. 77.04 (2). Whenever any county
12clerk has certified to the taking of tax deed under s. 77.04 (2) the department of
13natural resources forestry shall issue an order of withdrawal as to the lands covered
14in such tax deed. Such order may also be issued when examination of tax records
15reveals prolonged delinquency and noncompliance with the requirements of s. 77.04
16(2).
SB55-SSA1-CA1,423,218
77.10
(1) (b) Whenever any owner of forest croplands conveys such land the
19owner shall, within 10 days of the date of the deed, file with the department of
20natural resources forestry on forms prepared by the department a transfer of
21ownership signed by the owner and an acceptance of transfer signed by the grantee
22certifying that the grantee intends to continue the practice of forestry on such land.
23The department of
natural resources forestry shall immediately issue a notice of
24transfer to all officers designated to receive copies of orders of entry and withdrawal.
25Whenever a purchaser of forest croplands declines to certify his or her intention to
1continue the practice of forestry thereon, such action shall constitute cause for
2cancellation of entry under par. (a) without hearing.
SB55-SSA1-CA1,423,134
77.10
(2) (a) 1. Any owner of forest croplands may elect to withdraw all or any
5of such lands from under this subchapter, by filing with the department of
natural
6resources forestry a declaration withdrawing from this subchapter any description
7owned by such person which he or she specified, and by payment by such owner to
8the department of
natural resources forestry within 60 days the amount of tax due
9from the date of entry or the most recent date of renewal, whichever is later, as
10determined by the department of revenue under s. 77.04 (1) with simple interest
11thereon at 12% per year, less any severance tax and supplemental severance tax or
12acreage share paid thereon, with interest computed according to the rule of partial
13payments at the rate of 12% per year.
SB55-SSA1-CA1,423,2315
77.10
(2) (a) 2. The amount of the tax shall be determined by the department
16of revenue and furnished to the department of
natural resources forestry, which shall
17determine the exact amount of payment. When the tax rate or assessed value ratio
18of the current year has not been determined the rate of the preceding tax year may
19be used. On receiving such payment the department of
natural resources forestry 20shall issue an order of withdrawal and file copies thereof with the department of
21revenue, the supervisor of equalization and the clerk of the town, and shall record
22the order with the register of deeds of the county, in which the land lies. The land
23shall then cease to be forest croplands.