SB45, s. 1778 13Section 1778. 71.60 (1) (c) 1. to 3. of the statutes are amended to read:
SB45,889,1814 71.60 (1) (c) 1. If the farmland is located in a county which has a certified an
15agricultural preservation plan certified under subch. IV of ch. 91 s. 91.06, 1997 stats.,
16at the close of the year for which credit is claimed and is in an area zoned by a county,
17city or village for exclusive agricultural use under ch. 91 at the close of such year, the
18amount of the claim shall be that as specified in par. (b).
SB45,890,319 2. If the farmland is subject to a transition area agreement under subch. II of
20ch. 91 on July 1 of the year for which credit is claimed, or the claimant had applied
21for such an agreement before July 1 of such year and the agreement has subsequently
22been executed, and the farmland is located in a city or village which has a certified
23an exclusive agricultural use zoning ordinance certified under subch. V of ch. 91 s.
2491.06, 1997 stats.,
in effect at the close of the year for which credit is claimed, or in
25a town which is subject to a certified county exclusive agricultural use zoning

1ordinance certified under subch. V of ch. 91 s. 91.06, 1997 stats., in effect at the close
2of the year for which credit is claimed, the amount of the claim shall be that as
3specified in par. (b).
SB45,890,184 3. If the claimant or any member of the claimant's household owns farmland
5which is ineligible for credit under subd. 1. or 2. but was subject to a farmland
6preservation agreement under subch. III of ch. 91, 1997 stats., on July 1 of the year
7for which credit is claimed, or the owner had applied for such an agreement before
8July 1 of such year and the agreement has subsequently been executed, and if the
9owner has applied by the end of the year in which conversion under s. 91.41, 1997
10stats.,
is first possible for conversion of the agreement to a transition area agreement
11under subch. II of ch. 91, and the transition area agreement has subsequently been
12executed, and the farmland is located in a city or village which has a certified an
13exclusive agricultural use zoning ordinance certified under subch. V of ch. 91 s.
1491.06, 1997 stats.,
in effect at the close of the year for which credit is claimed, or in
15a town which is subject to a certified county exclusive agricultural use zoning
16ordinance certified under subch. V of ch. 91 s. 91.06, 1997 stats., in effect at the close
17of the year for which credit is claimed, the amount of the claim shall be that specified
18in par. (b).
SB45, s. 1779 19Section 1779. 71.60 (1) (c) 5. to 8. of the statutes are amended to read:
SB45,891,420 71.60 (1) (c) 5. If the claimant or any member of the claimant's household owns
21farmland which is ineligible for credit under subds. 1. to 4. but was subject to a
22farmland preservation agreement under subch. III of ch. 91, 1997 stats., on July 1
23of the year for which credit is claimed, or the owner had applied for such an
24agreement before July 1 of such year and the agreement has subsequently been
25executed, and if the owner has applied by the end of the year in which conversion

1under s. 91.41, 1997 stats., is first possible for conversion of the agreement to an
2agreement under subch. II of ch. 91, and the agreement under subch. II of ch. 91 has
3subsequently been executed, the amount of the claim shall be limited to 80% of that
4specified in par. (b).
SB45,891,105 6. If the farmland is located in an agricultural district under a certified county
6agricultural preservation plan certified under subch. IV of ch. 91 s. 91.06, 1997 stats.,
7at the close of the year for which credit is claimed, and is located in an area zoned for
8exclusive agricultural use under a certified town ordinance certified under subch. V
9of ch. 91
s. 91.06, 1997 stats., at the close of such year, the amount of the claim shall
10be the amount specified in par. (b).
SB45,891,2011 6m. If the farmland is located in an agricultural district under a certified
12county agricultural preservation plan certified under subch. IV of ch. 91 s. 91.06,
131997 stats.,
at the close of the year for which credit is claimed, and is located in an
14area zoned for exclusive agricultural use under a certified county or town ordinance
15certified under subch. V of ch. 91 s. 91.06, 1997 stats., for part of a year but not at
16the close of that year because the farmland became subject to a city or village
17extraterritorial zoning ordinance under s. 62.23 (7a), the amount of the claim shall
18be equal to the amount that the claim would have been under this section if the
19farmland were subject to a certified county or town exclusive agricultural use
20ordinance at the close of the year.
SB45,892,221 7. If the farmland is located in an area zoned for exclusive agricultural use
22under a certified county, city or village ordinance certified under subch. V of ch. 91
23s. 91.06, 1997 stats., at the close of the year for which credit is claimed, but the county
24in which the farmland is located has not adopted an agricultural preservation plan

1under subch. IV of ch. 91, 1997 stats., by the close of such year, the amount of the
2claim shall be limited to 70% of that specified in par. (b).
SB45,892,73 8. If the farmland is subject to a farmland preservation agreement under subch.
4III of ch. 91, 1997 stats., on July 1 of the year for which credit is claimed or the
5claimant had applied for such an agreement before July 1 of such year and the
6agreement has subsequently been executed, the amount of the claim shall be limited
7to 50% of that specified in par. (b).
SB45, s. 1780 8Section 1780. 71.60 (2) of the statutes is renumbered 71.60 (2) (a) and
9amended to read:
SB45,892,1410 71.60 (2) (a) If For taxable years beginning before January 1, 2001, if the
11farmland is subject to a certified an ordinance certified under subch. V of ch. 91 s.
1291.06, 1997 stats.
, or an agreement under subch. II of ch. 91, in effect at the close of
13the year for which the credit is claimed, the amount of the claim is 10% of the property
14taxes accrued or the amount determined under sub. (1), whichever is greater.
SB45, s. 1781 15Section 1781. 71.60 (2) (b) of the statutes is created to read:
SB45,892,2016 71.60 (2) (b) For taxable years beginning after December 31, 2000, if the
17farmland is subject to a certificate of compliance that is described under s. 71.59 (1)
18(b) 5. and that is in effect at the close of the year for which the credit is claimed, the
19amount of the claim is 10% of the property taxes accrued or the amount determined
20under sub. (1), whichever is greater.
SB45, s. 1782 21Section 1782. 71.605 of the statutes is created to read:
SB45,892,23 2271.605 Farmland preservation acreage credit. (1) Definitions. In this
23section:
SB45,893,324 (a) "Development rights" means a holder's nonpossessory interest in farmland
25that imposes a limitation or affirmative obligation the purpose of which is to retain

1or protect natural, scenic or open space values of farmland, assuring the availability
2of farmland for agricultural, forest, wildlife habitat or open space use, protecting
3natural resources or maintaining or enhancing air or water quality.
SB45,893,64 (b) "Nonprofit entity" means an entity that is described in section 501 (c) (3) of
5the Internal Revenue Code and is exempt from federal income tax under section 501
6(a) of the Internal Revenue Code.
SB45,893,77 (c) "Political subdivision" means a city, village, town or county.
SB45,893,11 8(2) Calculation. If the claimant sells, donates or otherwise transfers the
9development rights to farmland for which a credit is claimed under this section to the
10state or to a political subdivision, or to a nonprofit entity, the credit may be calculated
11as follows:
SB45,893,1312 (a) If farming rights are retained on such farmland, the credit shall be 50 cents
13for each acre that the claimant sells, donates or otherwise transfers.
SB45,893,1514 (b) If farming rights are not retained on such farmland, the credit shall be 30
15cents for each acre that the claimant sells, donates or otherwise transfers.
SB45,893,20 16(3) Limitations. (a) If a claimant sells, donates or otherwise transfers
17development rights under sub. (2) to a nonprofit entity, the credit under this section
18may not be claimed unless the entity enters into a signed agreement with the
19department of agriculture, trade and consumer protection that contains all of the
20following:
SB45,893,2221 1. Standards for the management of the farmland, the development rights to
22which are to be acquired.
SB45,893,2523 2. A prohibition against using the development rights to the farmland which
24are to be acquired as security for any debt unless the department of agriculture, trade
25and consumer protection approves the incurring of the debt.
SB45,894,3
13. A clause that any subsequent sale, donation or other transfer of the
2development rights to the farmland which are to be acquired is subject to pars. (b)
3and (e).
SB45,894,84 (b) The nonprofit entity may subsequently sell, donate or otherwise transfer
5the acquired development rights to the farmland to the state or to a city, village, town
6or county, or to a 3rd party other than a creditor if the 3rd party is also a nonprofit
7entity, except that a sale, donation or transfer to another nonprofit entity may occur
8only if all of the following apply:
SB45,894,109 1. The department of agriculture, trade and consumer protection approves the
10subsequent sale, donation or transfer.
SB45,894,1311 2. The party to whom the development rights are sold, donated or transferred
12enters into a new contract with the department of agriculture, trade and consumer
13protection under par. (a).
SB45,894,1614 (c) The nonprofit entity may subsequently sell, donate or transfer the acquired
15development rights to satisfy a debt or other obligation if the department of
16agriculture, trade and consumer protection approves the sale, donation or transfer.
SB45,894,2217 (d) The nonprofit entity may subsequently develop the property, with the
18written consent of the owner of the property and with the written consent of the
19department of agriculture, trade and consumer protection, in a way that retains or
20protects natural, scenic or open space values of farmland, assuring the availability
21of farmland for agricultural, forest, wildlife habitat or open space use, protecting
22natural resources or maintaining or enhancing air or water quality.
SB45,894,2423 (e) If the nonprofit entity violates any essential provision of the contract, the
24development rights that were acquired shall vest in the state.
SB45,895,4
1(f) The instrument conveying the development rights to the nonprofit entity
2shall state the interest of the state under par. (e). The contract entered into under
3par. (a) and the instrument of conveyance shall be recorded in the office of the register
4of deeds of each county in which the farmland is located.
SB45,895,75 (fm) The credit under this section may be claimed only by the person who owns
6the farmland when the development rights are initially transferred as described in
7sub. (2).
SB45,895,118 (g) The credit under this section may not be claimed until the claimant files
9with the register of deeds of each county in which the farmland is located the
10certificate that verifies that the development rights to the farmland have been
11transferred as described in sub. (2).
SB45,895,1312 (h) Section 71.59 (2) (a) and (e), to the extent that it applies to the credit under
13ss. 71.59 and 71.60, applies to the credit under this section.
SB45,895,1614 (i) If a claimant sells, donates or otherwise transfers development rights under
15sub. (2) to a political subdivision, the political subdivision may develop the farmland
16only in a way that is consistent with a comprehensive plan under s. 66.0295.
SB45,895,18 17(4) Sunset. No new claims may be filed under this section for taxable years that
18begin after December 31, 2002.
SB45, s. 1783 19Section 1783. 71.61 (6) of the statutes is created to read:
SB45,895,2320 71.61 (6) Sunset. (a) For claims that are filed under s. 71.59 and computed
21under s. 71.60 for taxable years that begin after December 31, 2000, based on
22property taxes that are accrued in the previous calendar year, ss. 71.59 (1) (b) 3. and
23(d) 1. to 4. and 71.60 (1) (c) do not apply.
SB45,895,2524 (b) No new claims may be filed under s. 71.59 and computed under s. 71.60 for
25taxable years that begin after December 31, 2002.
SB45, s. 1784
1Section 1784. 71.64 (9) (b) of the statutes is renumbered 71.64 (9) (b) (intro.)
2and amended to read:
SB45,896,63 71.64 (9) (b) (intro.) The department shall from time to time adjust the
4withholding tables to reflect any changes in income tax rates, any applicable surtax
5or any changes in dollar amounts in s. 71.06 (1), (1m), (1n), (1p) and (2) resulting from
6statutory changes, except that the as follows:
SB45,896,11 71. The department may not adjust the withholding tables to reflect the changes
8in rates in s. 71.06 (1m) and (2) (c) and (d) and any changes in dollar amounts with
9respect to bracket indexing under s. 71.06 (2e), with respect to changes in rates under
10s. 71.06 (1m) and (2) (c) and (d),
and with respect to standard deduction indexing
11under s. 71.05 (22) (ds) for any taxable year that begins before January 1, 2000.
SB45,896,23 12(c) The tables shall account for the working families tax credit under s. 71.07
13(5m), subject to s. 71.07 (5m) (e). The tables shall be extended to cover from zero to
1410 withholding exemptions, shall assume that the payment of wages in each pay
15period will, when multiplied by the number of pay periods in a year, reasonably
16reflect the annual wage of the employe from the employer and shall be based on the
17further assumption that the annual wage will be reduced for allowable deductions
18from gross income. The department may determine the length of the tables and a
19reasonable span for each bracket. In preparing the tables the department shall
20adjust all withholding amounts not an exact multiple of 10 cents to the next highest
21figure that is a multiple of 10 cents. The department shall also provide instructions
22with the tables for withholding with respect to quarterly, semiannual and annual pay
23periods.
SB45, s. 1785 24Section 1785. 71.64 (9) (b) 2. of the statutes is created to read:
SB45,897,4
171.64 (9) (b) 2. The department shall adjust the withholding tables to reflect
2the changes in rates in s. 71.06 (1n), (1p) and (2) (e), (f), (g) and (h) and any changes
3in dollar amounts with respect to bracket indexing, with respect to changes in rates
4under s. 71.06 (1p) and (2) (g) and (h) on July 1, 2000.
SB45, s. 1786 5Section 1786. 71.67 (4) (a) of the statutes is amended to read:
SB45,897,106 71.67 (4) (a) The administrator of the lottery division in the department under
7ch. 565 shall withhold from any lottery prize of $2,000 or more an amount determined
8by multiplying the amount of the prize by the highest rate applicable to individuals
9under s. 71.06 (1) or, (1m), (1n) or (1p). The administrator shall deposit the amounts
10withheld, on a monthly basis, as would an employer depositing under s. 71.65 (3) (a).
SB45, s. 1787 11Section 1787. 71.67 (5) (a) of the statutes is amended to read:
SB45,897,1712 71.67 (5) (a) Wager winnings. A person holding a license to sponsor and
13manage races under s. 562.05 (1) (b) or (c) shall withhold from the amount of any
14payment of pari-mutuel winnings under s. 562.065 (3) (a) or (3m) (a) an amount
15determined by multiplying the amount of the payment by the highest rate applicable
16to individuals under s. 71.06 (1) (a) to (c) or, (1m), (1n) or (1p) if the amount of the
17payment is more than $1,000.
SB45, s. 1788 18Section 1788. 71.75 (8) of the statutes is amended to read:
SB45,898,319 71.75 (8) A refund payable on the basis of a separate return shall be issued to
20the person who filed the return. A refund payable on the basis of a joint return shall
21be issued jointly to the persons who filed the return, except that, if a judgment of
22divorce under ch. 767 apportions any refund that may be due the formerly married
23persons to one of the former spouses, or between the spouses, and if they include with
24their income tax return a copy of that portion of the judgment of divorce that relates
25to the apportionment of their tax refund, the department shall issue the refund to

1the person to whom the refund is awarded under the terms of the judgment of divorce
2or the department shall issue one check to each of the former spouses according to
3the apportionment terms of the judgment
.
SB45, s. 1789 4Section 1789. 71.84 (2) (a) of the statutes is amended to read:
SB45,898,155 71.84 (2) (a) Except as provided in s. 71.29 (7), in the case of any underpayment
6of estimated tax under s. 71.255, 71.29 or 71.48 there shall be added to the aggregate
7tax for the taxable year interest at the rate of 12% per year on the amount of the
8underpayment for the period of the underpayment. For corporations, except as
9provided in par. (b), "period of the underpayment" means the time period from the
10due date of the instalment until either the 15th day of the 3rd month beginning after
11the end of the taxable year or the date of payment, whichever is earlier. If 90% of the
12tax shown on the return is not paid by the 15th day of the 3rd month following the
13close of the taxable year, the difference between that amount and the estimated taxes
14paid, along with any interest due, shall accrue delinquent interest under s. 71.91 (1)
15(a).
SB45, s. 1790 16Section 1790. 71.93 (1) (a) 3. of the statutes is amended to read:
SB45,898,1917 71.93 (1) (a) 3. An amount that the department of health and family services
18may recover under s. 49.45 (2) (a) 10. or 49.497, if the department of health and
19family services has certified the amount under s. 49.85.
SB45, s. 1791 20Section 1791. 73.01 (1) (b) of the statutes is amended to read:
SB45,899,321 73.01 (1) (b) "Small claims" is a matter in which "Summary proceeding" means
22a matter in which
the amount in controversy, including any penalty, after the
23department of revenue takes its final action on the petition for redetermination is
24less than $2,500 $100,000 unless the commission on its own motion determines that
25the case not be heard as a small claims case summary proceeding, or unless the

1department of revenue determines or a party petitioning for review alleges that the
2case involves a constitutional issue or alleges
that the case has statewide
3significance.
SB45, s. 1792 4Section 1792. 73.01 (3) (a) of the statutes is amended to read:
SB45,899,115 73.01 (3) (a) The time and place of meetings and hearings Hearings of the
6commission shall be at times designated by the chairperson and held in any of the
7following cities: Appleton, Eau Claire, LaCrosse, Madison, Milwaukee and Wausau
.
8Rooms for hearings outside the city of Madison shall be provided under s. 73.07. All
9hearings held in Milwaukee shall be held in the southeast district office of the
10department of natural resources. The commission shall maintain permanent
11hearing rooms in Madison.
SB45, s. 1793 12Section 1793. 73.01 (4) (a) of the statutes is amended to read:
SB45,900,413 73.01 (4) (a) Subject to the provisions for judicial review contained in s. 73.015,
14the commission shall be the final authority for the hearing and determination of all
15questions of law and fact arising under sub. (5) and s. 72.86 (4), 1985 stats., and ss.
1670.11 (21), 70.38 (4) (a), 70.397, 70.64, 70.75, 70.85 and 70.995 (8), s. 76.38 (12) (a),
171993 stats., ss. 76.39 (4) (c), 76.48 (6), 76.91, 77.26 (3), 77.59 (6) (b), 78.01, 78.22,
1878.40, 78.555, 139.02, 139.03, 139.06, 139.31, 139.315, 139.33, 139.76 and 139.78,
19subch. XIV of ch. 71 and subch. VII of ch. 77. Whenever with respect to a pending
20appeal there is filed with the commission a stipulation signed by the department of
21revenue and the adverse party, under s. 73.03 (25), agreeing to an affirmance,
22modification or reversal of the department's position with respect to some or all of the
23issues raised in the appeal, the commission shall enter an order affirming or
24modifying in whole or in part, or canceling the assessment appealed from, or allowing
25in whole or in part or denying the petitioner's refund claim, as the case may be,

1pursuant to and in accordance with the stipulation filed. No responsibility shall
2devolve upon the commission, respecting the signing of an order of dismissal as to
3any pending appeal settled by the department without the approval of the
4commission.
SB45, s. 1794 5Section 1794. 73.01 (4) (am) of the statutes is amended to read:
SB45,900,126 73.01 (4) (am) Whenever it appears to the commission or, in respect to hearings
7conducted by one commissioner, to that commissioner that proceedings have been
8instituted or maintained by the taxpayer primarily for delay or that the taxpayer's
9position in those proceedings is frivolous or groundless, the commission or
10commissioner may assess the taxpayer an amount not to exceed $1,000 $5,000 at the
11same time that the deficiency is assessed. Those damages shall be paid upon notice
12from the department of revenue and shall be collected as a part of the tax.
SB45, s. 1795 13Section 1795. 73.01 (4) (b) of the statutes is amended to read:
SB45,901,314 73.01 (4) (b) Any matter required to be heard by the commission may be heard
15by any member of the commission or its hearing examiner and reported to the
16commission, and hearings of matters pending before it shall be assigned to members
17of the commission or its hearing examiner by the chairperson. Unless a majority of
18the commission decides that the full commission should decide a case, cases other
19than small claims cases summary proceedings shall be decided by a panel of 3
20members assigned by the chairperson prior to the hearing. If the parties have agreed
21to an oral decision, the member or members conducting the hearing may render an
22oral decision. Hearings shall be open to the public and all proceedings shall be
23conducted in accordance with rules of practice and procedure prescribed by the
24commission. Small claims cases, except a commissioner hearing a summary
25proceeding shall have the same discretion as a judge under s. 802.12 (2) to order the

1parties to select a settlement alternative as provided in s. 802.12 (1). Summary
2proceedings
shall be decided by one commissioner assigned by the chairperson prior
3to the hearing.
SB45, s. 1796 4Section 1796. 73.01 (4) (dn) of the statutes is amended to read:
SB45,901,155 73.01 (4) (dn) In connection with the hearing of any matter required to be heard
6and decided by the commission, except appeals arising under s. 70.64 or ch. 76, the
7chairperson or any member of the commission assigned to hear the matter may, with
8the consent of the parties,
render an oral decision. In small claims cases summary
9proceedings
, the presiding commissioner, without consent of the parties, either
10render an oral decision at the close of the hearing or provide a written decision to all
11parties within 2 weeks after the hearing. Decisions in small claims cases summary
12proceedings
are not precedents. Any party may appeal such oral decision as provided
13in s. 73.015. Oral decisions constitute notice for purposes of determining the time
14in which appeals may be taken. Provisions of this section or ch. 227 in conflict with
15this paragraph do not apply to decisions rendered under this paragraph.
SB45, s. 1797 16Section 1797. 73.01 (4) (e) (intro.) of the statutes is amended to read:
SB45,901,2517 73.01 (4) (e) (intro.) Except as provided in par. (dn), the commission in each case
18heard by it shall, irrespective of ch. 227, make a decision in writing accompanied by
19findings of fact and conclusions of law. The commission may issue an opinion in
20writing in addition to its findings of fact and decision. The decision or order of the
21commission shall become final and shall be binding upon the petitioner and upon the
22department of revenue for that case unless an appeal is taken from the decision or
23order of the commission under s. 73.015. Except in respect to small claims summary
24proceedings
decisions, if the commission construes a statute adversely to the
25contention of the department of revenue:
SB45, s. 1798
1Section 1798. 73.03 (35) of the statutes is amended to read:
SB45,902,82 73.03 (35) To deny a portion of a credit claimed under s. 71.07 (2dd), (2de), (2di),
3(2dj), (2dL), (2dr), (2ds) or (2dx), 71.28 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx) or
4(4) (am) or 71.47 (1dd), (1de), (1di), (1dj), (1dL), (1ds), (1dx) or (4) (am) if granting the
5full amount claimed would violate the a requirement under s. 560.797 (4) (e) 560.785
6or would bring the total of the credits granted to that claimant under s. 560.797 (4)
7(e), or the total of the credits granted to that claimant under
all of those subsections,
8over the limit for that claimant under s. 560.768, 560.795 (2) (b) or 560.797 (5) (b).
SB45, s. 1799 9Section 1799. 73.03 (56) of the statutes is created to read:
SB45,902,1010 73.03 (56) To prepare and submit the report required under s. 66.46 (13).
SB45, s. 1800 11Section 1800. 73.0301 (1) (d) 2. of the statutes is amended to read:
SB45,902,1412 73.0301 (1) (d) 2. A license issued by the department of health and family
13services under s. 48.66 (1) (a) to a child welfare agency, group home, shelter care
14facility or day care center, as required by s. 48.60, 48.625, 48.65 or 938.22 (7).
SB45, s. 1801 15Section 1801. 73.0305 of the statutes is amended to read:
SB45,902,22 1673.0305 Revenue limits calculations. The department of revenue shall
17annually determine and certify to the state superintendent of public instruction, no
18later than the 4th Monday in June, the allowable rate of increase for the limit
19imposed under subch. VII of ch. 121 s. 121.91 (2m) (d). For that limit, the allowable
20rate of increase is the percentage change in the consumer price index for all urban
21consumers, U.S. city average, between the preceding March 31 and the 2nd
22preceding March 31, as computed by the federal department of labor.
SB45, s. 1802 23Section 1802. 73.09 (4) (c) of the statutes is amended to read:
SB45,903,724 73.09 (4) (c) Recertification is contingent upon submission of a notarized an
25application for renewal, at least 60 days before the expiration date of the current

1certificate,
attesting to the completion of the requirements specified in par. (b).
2Persons applying for renewal on the basis of attendance at the meetings called by the
3department under s. 73.06 (1) and by meeting continuing education requirements
4shall submit a $20 recertification fee with their applications. The department may,
5upon good cause, accept an application for renewal up to one year after the expiration
6of the current certificate if the applicant has complied with the requirements
7specified in par. (b).
SB45, s. 1803 8Section 1803. 73.13 of the statutes is created to read:
SB45,903,12 973.13 Compromising nondelinquent taxes. (1) In this section, "tax"
10means an amount that is owed to this state under s. 66.75 (1m) (f) 3. or ch. 71, 72,
1176, 77, 78 or 139, that is not delinquent, and any addition to tax, interest, penalties,
12costs or other liability in respect to those amounts.
SB45,904,18 13(2) Any taxpayer may petition the department of revenue to compromise the
14taxpayer's taxes including the costs, penalties and interest. The petition shall set
15forth a sworn statement of the taxpayer and shall be in a form that the department
16prescribes. The department may examine the petitioner under oath concerning the
17matter and may require the taxpayer to provide the department with financial
18statements and any other information requested by the department that is related
19to the petition. If the department finds that the taxpayer is unable to pay the taxes,
20costs, penalties and interest in full, the department shall determine the amount that
21the taxpayer is able to pay and shall enter an order reducing the taxes, costs,
22penalties and interest in accordance with the determination. The order shall provide
23that the compromise is effective only if paid within 10 days of the date on which the
24order is issued. The department or its collection agents, upon receipt of the order,
25shall accept payment in accordance with the order. Upon payment the department

1shall credit the unpaid portion of the principal amount of the taxes and make
2appropriate record of the unpaid amount of penalties, costs, and interest accrued to
3the date of the order. If within 3 years of the date of the compromise order the
4department ascertains that the taxpayer has an income or property sufficient to
5enable the taxpayer to pay the remainder of the tax including costs, penalties and
6interest, the department shall reopen the matter and order the payment in full of the
7taxes, costs, penalties and interest. Before the entry of the order, a written notice
8shall be given to the taxpayer advising of the intention of the department to reopen
9the matter and fixing a time and place for the appearance of the taxpayer if the
10taxpayer desires a hearing. Upon entry of the order the department shall make an
11appropriate record of the principal amount of the taxes, penalties, costs and interest
12ordered to be paid. Such taxes shall be immediately due and payable and shall
13thereafter be subject to the interest provided by s. 71.82 (2), as that subsection
14applies to delinquent income and franchise taxes under s. 71.82, and to the
15delinquent account fee described in s. 73.03 (33m), and the department shall
16immediately proceed to collect the taxes together with the unpaid portion of
17penalties, costs, and interest accrued to the date of the compromise order and the fee
18described in s. 73.03 (33m).
SB45, s. 1804 19Section 1804. 74.41 (1) (intro.) of the statutes is amended to read:
SB45,904,2420 74.41 (1) Submission of refunded or rescinded taxes to department. (intro.)
21By October 1 September 15 of each year, the clerk of a taxation district may submit
22to the department of revenue, on a form prescribed by the department of revenue, a
23listing of all general property taxes on the district's tax roll which, subject to sub. (2),
24meet any of the following conditions:
SB45, s. 1805 25Section 1805. 75.105 (3) of the statutes is amended to read:
SB45,905,8
175.105 (3) Administration. Upon the cancellation of all or a portion of real
2property taxes under sub. (2), the county treasurer shall execute and provide to the
3owner of the property a statement identifying the property for which taxes have been
4canceled and shall enter on the tax certificate the date upon which the taxes were
5canceled and the amount of taxes canceled. The county treasurer shall charge back
6to the taxation district that included the tax-delinquent real property on its tax roll
7any or all of the amount of taxes canceled and shall include the amount of taxes
8canceled as a special charge in the next tax levy against the taxation district.
SB45, s. 1806 9Section 1806. 75.17 of the statutes is created to read:
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