LRB-0209/1
JS:jrd:km
1995 - 1996 LEGISLATURE
February 6, 1995 - Introduced by Representatives Black, Baumgart, Hahn,
Robson, Brandemuehl, Baldwin, Cullen, Hasenohrl, Ryba, Boyle, R. Young,
Bock and Morris-Tatum, cosponsored by Senators Burke, Plewa and
Helbach. Referred to Joint survey committee on Tax Exemptions.
AB107,1,2
1An Act to create 70.11 (38) and 74.48 of the statutes;
relating to: creating a
2property tax exemption for wetlands.
Analysis by the Legislative Reference Bureau
This bill creates a property tax exemption for lands zoned as wetlands by a
county and not used for agricultural purposes. If that land becomes taxable, except
as a result of remapping by the department of natural resources, the owner is
required to pay the equivalent of the property taxes that were saved on the lands,
based on an indexing of the most recent assessment before the wetlands became
exempt, plus interest at the rate of 6% per year for each year's taxes.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB107, s. 1
3Section
1. 70.11 (38) of the statutes is created to read:
AB107,1,64
70.11
(38) Wetlands. Wetlands, as defined in s. 23.32 (1), that are subject to
5an ordinance under s. 59.971 (1m) and that are not used for agricultural purposes,
6as defined in s. 23.33 (1) (ag).
AB107, s. 2
7Section
2. 74.48 of the statutes is created to read:
AB107,2,3
874.48 Interest and penalty on rezoned wetlands. (1) If property that is
9exempt under s. 70.11 (37) becomes taxable, except as a result of remapping by the
1department of natural resources, the current owner, on or before January 15, shall
2pay to the municipality in which the wetlands are located an amount calculated as
3follows:
AB107,2,94
(a) Increase the assessed value of the property, as determined as of the January
51 before the effective date of this paragraph .... [revisor inserts date], by the increase
6in the consumer price index, all items, U.S. city average, as determined by the U.S.
7department of labor, for the year beginning on January 1 and determine the property
8taxes that would have been due on the property if it had been assessed at that amount
9and if it had been taxable.
AB107,2,1410
(b) For each subsequent year that the property was exempt, increase the value
11determined for the property for the previous year by the increase during the previous
12year in the consumer price index, all items, U.S. city average, as determined by the
13U.S. department of labor, and determine the property taxes that would have been due
14on the property if it had been assessed at that amount and if it had been taxable.
AB107,2,1715
(c) For each of the years for which an amount is calculated under par. (a) or (b),
16add interest at the rate of 6% per year beginning with the year for which the amount
17is calculated and ending with the year during which the property is no longer exempt.
AB107,2,1918
(d) Add the amounts determined under pars. (a) to (c) for all of the years during
19which the current owner owned the property.
AB107,2,24
20(2) As part of the next settlement of taxes under s. 74.25 or 74.30 (1) or under
21subch. IX, the municipality shall distribute to each taxing jurisdiction for which it
22collects property taxes its share of the amount collected under sub. (1). On or before
23January 10, the municipality shall notify the department of revenue if a payment is
24required under sub. (1).
AB107,3,2
1(4) Any amount due under sub. (1) that is not timely paid is subject to interest
2at the rate of 0.5% per month or part of a month.
AB107,3,4
4(1) This act takes effect on the January 1 after publication.
