Amendment ASA1-AB191

AB191-ASA1,15,11 71.17 (2) Lien on trust estate; income taxes levied against beneficiary. All income taxes levied against the income of beneficiaries shall be a lien on that portion of the trust estate or interest therein from which the income taxed is derived, and such taxes shall be paid by the fiduciary, if not paid by the distributee, before the same become delinquent. Every person who, as a fiduciary under the provisions of this subchapter, pays an income tax shall have all the rights and remedies of reimbursement for any taxes assessed against him or her or paid by him or her in such capacity, as provided in s. 70.19 (1) and (2), 2019 stats.

AB191-ASA1,57 Section 57. 74.05 (1) of the statutes is amended to read:

AB191-ASA1,15,16 74.05 (1) Definition. In this section, “error in the tax roll" means an error in the description of any real or personal property, in the identification of the owner or person to whom the property is assessed or in the amount of the tax or an error resulting from a palpably erroneous entry in the assessment roll.

AB191-ASA1,58 Section 58. 74.09 (2) of the statutes is amended to read:

AB191-ASA1,15,20 74.09 (2) Preparation. The clerk of the taxation district shall prepare the real and personal property tax bills. The form of the property tax bill shall be prescribed by the department of revenue and shall be uniform.

AB191-ASA1,59 Section 59. 74.11 (4) of the statutes is repealed.

AB191-ASA1,60 Section 60. 74.11 (6) (a) of the statutes is amended to read:

AB191-ASA1,15,25 74.11 (6) (a) Payments made on or before January 31 and payments of taxes on improvements on leased land that are assessed as personal property shall be made to the taxation district treasurer.

AB191-ASA1,61 Section 61. 74.11 (10) (a) 1. of the statutes is amended to read:

AB191-ASA1,16,6 74.11 (10) (a) 1. If all special assessments, special charges, and special taxes and personal property taxes due under sub. (3) or (4) are not paid in full and received by the proper official on or before 5 working days after the due date, the amounts unpaid are delinquent as of the day after the due date of the first installment or of the lump-sum payment.

AB191-ASA1,62 Section 62. 74.11 (11) (a) of the statutes is renumbered 74.11 (11).

AB191-ASA1,63 Section 63. 74.11 (11) (b) of the statutes is repealed.

AB191-ASA1,64 Section 64. 74.11 (12) (a) (intro.) of the statutes is amended to read:

AB191-ASA1,16,13 74.11 (12) (a) (intro.) Except as provided in pars. par. (c) and (d), if a taxation district treasurer or county treasurer receives a payment from a taxpayer which is not sufficient to pay all amounts due, the treasurer shall apply the payment to the amounts due, including interest and penalties, in the following order:

AB191-ASA1,65 Section 65. 74.11 (12) (a) 1g. of the statutes is repealed.

AB191-ASA1,66 Section 66. 74.11 (12) (b) of the statutes is amended to read:

AB191-ASA1,16,18 74.11 (12) (b) The allocation under par. (a) 1g. 1m, to 4. is conclusive for purposes of settlement under ss. 74.23 to 74.29 and for determining delinquencies under this section.

AB191-ASA1,67 Section 67. 74.11 (12) (d) of the statutes is repealed.

AB191-ASA1,68 Section 68. 74.12 (6) of the statutes is repealed.

AB191-ASA1,69 Section 69. 74.12 (7) (a) of the statutes is amended to read:

AB191-ASA1,17,2 74.12 (7) (a) If the first installment of real property taxes, personal property taxes on improvements on leased land or special assessments to which an installment option pertains is not received by the proper official on or before 5 working days after the due date of January 31, the entire amount of the remaining unpaid taxes or special assessments to which an installment option pertains on that parcel is delinquent as of February 1.

AB191-ASA1,70 Section 70. 74.12 (8) (a) of the statutes is amended to read:

AB191-ASA1,17,10 74.12 (8) (a) If the 2nd or any subsequent installment payment of real property taxes, personal property taxes on improvements on leased land or special assessments to which an installment option pertains is not received by the proper official on or before 5 working days after the due date specified in the ordinance, the entire amount of the remaining unpaid taxes or special assessments to which an installment option pertains on that parcel is delinquent as of the first day of the month after the payment is due and interest and penalties are due under sub. (10).

AB191-ASA1,71 Section 71. 74.12 (9) (a) of the statutes is amended to read:

AB191-ASA1,17,16 74.12 (9) (a) If all special assessments to which an installment option does not pertain, special charges, and special taxes and personal property taxes that are due under sub. (5) or (6) are not paid in full and received by the proper official on or before 5 working days after the due date of January 31, the amounts unpaid are delinquent as of February 1.

AB191-ASA1,72 Section 72. 74.12 (10) (a) of the statutes is amended to read:

AB191-ASA1,17,22 74.12 (10) (a) All real property taxes, special assessments, special charges and special taxes that become delinquent and are paid on or before July 31, and all delinquent personal property taxes, whenever paid, shall be paid, together with interest and penalties charged from the preceding February 1, to the taxation district treasurer.

AB191-ASA1,73 Section 73. 74.12 (11) (a) (intro.) of the statutes is amended to read:

AB191-ASA1,18,2 74.12 (11) (a) (intro.) Except as provided in pars. par. (c) and (d), if a taxation district treasurer or county treasurer receives a payment from a taxpayer which is not sufficient to pay all amounts due, the treasurer shall apply the payment to the amounts due, including interest and penalties, in the following order:

AB191-ASA1,74 Section 74. 74.12 (11) (a) 1g. of the statutes is repealed.

AB191-ASA1,75 Section 75. 74.12 (11) (b) of the statutes is amended to read:

AB191-ASA1,18,7 74.12 (11) (b) The allocation under par. (a) 1g. 1m. to 4. is conclusive for purposes of settlement under ss. 74.29 and 74.30 and for determining delinquencies under this section.

AB191-ASA1,76 Section 76. 74.12 (11) (d) of the statutes is repealed.

AB191-ASA1,77 Section 77. 74.29 (2) of the statutes is amended to read:

AB191-ASA1,18,17 74.29 (2) On or before August 20, a taxation district treasurer who has not paid in full all taxes on improvements on leased land under s. 74.25 (1) (b) 1. or under s. 74.30 (1) or (2) shall pay in full to each taxing jurisdiction within the district all taxes on improvements on leased land included in the tax roll which have not previously been paid to, or retained by, the taxing jurisdiction, except that the treasurer shall pay the state's proportionate share to the county. As part of that distribution, the taxation district treasurer shall allocate to each tax incremental district within the taxation district its proportionate share of taxes on improvements on leased land.

AB191-ASA1,78 Section 78. 74.30 (1) (i) of the statutes is repealed.

AB191-ASA1,79 Section 79. 74.30 (1m) of the statutes is amended to read:

AB191-ASA1,18,22 74.30 (1m) March settlement between counties and the state. On or before March 15, the county treasurer shall send to the secretary of administration the state's proportionate shares of taxes under sub. (1) (i) and (j).

AB191-ASA1,80 Section 80. 74.42 of the statutes is repealed.

AB191-ASA1,81 Section 81. 74.47 (3) (e) of the statutes is repealed.

AB191-ASA1,82 Section 82. 74.55 of the statutes is repealed.

AB191-ASA1,83 Section 83. 74.83 of the statutes is amended to read:

AB191-ASA1,19,10 74.83 Agreements. Any 1st class city may enter into agreements to pay delinquent state, county, metropolitan sewerage district, and technical college district real or personal property taxes, including accrued interest and penalties thereon, applicable to property located in that city at any stage in the proceedings for collection and enforcement of those taxes and thereafter collect and enforce those taxes, including interest and penalties on them, in its own name in accordance with any of the procedures or remedies applicable to the collection and enforcement of delinquent city, state, county, metropolitan sewerage district, and technical college district taxes under this chapter and ch. 75.

AB191-ASA1,84 Section 84. 74.87 (3) of the statutes is amended to read:

AB191-ASA1,19,22 74.87 (3) Optional payment schedule. The common council of a city may, by ordinance, permit payment in 10 equal installments, without interest, of general property taxes, special charges, and special assessments of the city, other than for special assessments for which no payment extension is allowed. Each installment shall be paid on or before the last day of each month from January through October. Taxes on personal property may be paid in installments under this subsection if, on or before January 31 of the year in which the tax becomes due, the taxpayer has first paid to the city treasurer taxes on personal property levied by all taxing jurisdictions other than the city. The amounts and time of payment of city general property taxes, special assessments and charges in the city tax roll shall be as provided in the charter of the city.

AB191-ASA1,85 Section 85. 76.69 of the statutes is repealed.

AB191-ASA1,86 Section 86. 77.84 (1) of the statutes is amended to read:

AB191-ASA1,20,8 77.84 (1) Tax roll. Each clerk of a municipality in which the land is located shall enter in a special column or other appropriate place on the tax roll the description of each parcel of land designated as managed forest land, and shall specify, by the designation “MFL-O" or “MFL-C", the acreage of each parcel that is designated open or closed under s. 77.83. The land shall be assessed and is subject to review under ch. 70. Except as provided in this subchapter, no tax may be levied on managed forest land, except that any building, improvements, and fixtures on managed forest land is subject to taxation as personal real property under ch. 70.

AB191-ASA1,87 Section 87. 174.065 (3) of the statutes is amended to read:

AB191-ASA1,20,14 174.065 (3) Collection of delinquent dog license taxes. Delinquent dog license taxes may be collected in the same manner as in s. 74.55 and a civil action under ch. 799 for the collecting of personal property taxes, if the action is brought within 6 years after the January 1 of the year in which the taxes are required to be paid.

AB191-ASA1,88 Section 88. 815.18 (3) (intro.) of the statutes is amended to read:

AB191-ASA1,20,18 815.18 (3) Exempt property. (intro.) The debtor's interest in or right to receive the following property is exempt, except as specifically provided in this section and ss. 70.20 (2), 71.91 (5m) and (6), 74.55 (2) and 102.28 (5):

AB191-ASA1,89 Section 89 . 978.05 (6) (a) of the statutes is amended to read:

AB191-ASA1,21,7 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB191-ASA1,21,8 (End)