AB245-engrossed,50,1716
1. A limit on the type and amount of funds that may be deposited into the
17account described under
sub. (2) par. (a)
1.
AB245-engrossed,50,2018
2. A limit on the amount of withdrawals from the account described under
sub.
19(2) par. (a)
1. that may be made, and a limit on the purposes for which such
20withdrawals may be made.
AB245-engrossed,50,2221
3. Reporting and audit requirements that relate to the account described under
22sub. (2) par. (a)
1.
AB245-engrossed,61
23Section 61
. 66.0608 (4) of the statutes is renumbered 66.0608 (3m) (c) and
24amended to read:
AB245-engrossed,51,3
166.0608
(3m) (c)
Ownership of funds. Notwithstanding an ordinance enacted
2under
sub. (2) par. (a), volunteer funds shall remain the property of the municipality
3until the funds are disbursed.
AB245-engrossed,63
5Section 63
. 66.1105 (2) (f) 1. c. of the statutes is amended to read:
AB245-engrossed,51,86
66.1105
(2) (f) 1. c. Real property assembly costs, meaning any deficit incurred
7resulting from the sale or lease as lessor by the city of real
or personal property within
8a tax incremental district for consideration which is less than its cost to the city.
AB245-engrossed,64
9Section 64
. 66.1105 (2) (f) 2. e. of the statutes is amended to read:
AB245-engrossed,51,1510
66.1105
(2) (f) 2. e. For a tax incremental district in the city of Milwaukee, direct
11or indirect expenses related to
developing, constructing, or operating a rail fixed
12guideway transportation system, as defined in s. 85.066 (1), in the city of Milwaukee.
13This subdivision 2. e. does not apply to the development or construction of a rail fixed
14guideway transportation system route traversing Clybourn Street and Michigan
15Street, referred to as the “Lakefront Line.”
AB245-engrossed,51,2117
66.1105
(2) (i) 2. For purposes of any agreement between the taxing jurisdiction
18and a developer regarding the tax incremental district entered into prior to
April 5,
192018 the effective date of this subdivision .... [LRB inserts date], “tax increment”
20includes the amount that a taxing jurisdiction is obligated to attribute to a tax
21incremental district under s. 79.096 (3).
AB245-engrossed,51,2523
66.1105
(4m) (b) 2m. For a tax incremental district created after December 31,
242024, at the time of approval under subd. 2., the board shall establish the year of
25expected termination of the tax incremental district.
AB245-engrossed,52,82
66.1105
(5) (j) Upon receiving a written application from the city clerk, in a
3form prescribed by the department of revenue, the department shall recalculate the
4base value of a tax incremental district affected by 2023 Wisconsin Act .... (this act)
5to remove the value of the personal property. A request received under this
6paragraph no later than October 31 is effective in the year following the year in which
7the request is made. A request received after October 31 is effective in the 2nd year
8following the year in which the request is made.
AB245-engrossed,52,1210
66.1105
(6m) (c) 8. The value of new construction in the tax incremental
11district
, less and the value of improvements removed from the tax incremental
12district.
AB245-engrossed,52,1514
66.1106
(1) (k) “Taxable property" means all real
and personal taxable property
15located in an environmental remediation tax incremental district.
AB245-engrossed,52,2317
66.1106
(4) (e) Upon receiving a written application from the clerk of a political
18subdivision, in a form prescribed by the department of revenue, the department shall
19recalculate the base value of a tax incremental district affected by 2023 Wisconsin
20Act .... (this act) to remove the value of the personal property. A request received
21under this paragraph no later than October 31 is effective in the year following the
22year in which the request is made. A request received after October 31 is effective
23in the 2nd year following the year in which the request is made.
AB245-engrossed,53,2
170.015 Sunset. Beginning with the property tax assessments as of January
21, 2024, no tax shall be levied under this chapter on personal property.
AB245-engrossed,53,8
470.02 Definition of general property. General property is all the taxable
5real
and personal property defined in ss. 70.03 and 70.04 except that which is taxed
6under ss. 70.37 to 70.395 and ch. 76 and subchs. I and VI of ch. 77. General property
7includes manufacturing property subject to s. 70.995, but assessment of that
8property shall be made according to s. 70.995.
AB245-engrossed,53,1510
70.04
(1r) Toll bridges; private railroads and bridges; saw Saw logs, timber, and
11lumber, either upon land or afloat; steamboats, ships, and other vessels, whether at
12home or abroad; ferry boats, including the franchise for running the same; ice cut and
13stored for use, sale, or shipment;
beginning May 1, 1974, and manufacturing
14machinery and equipment as defined in s. 70.11 (27)
, and entire property of
15companies defined in s. 76.28 (1), located entirely within one taxation district.
AB245-engrossed,53,2018
70.05
(5) (a) 1. “Assessed value" means with respect to each taxation district
19the total values established under
ss. s. 70.32
and 70.34, but excluding
20manufacturing property subject to assessment under s. 70.995.
AB245-engrossed,54,5
2270.10 Assessment, when made, exemption. The assessor shall assess all
23real and personal taxable property as of the close of January 1 of each year. Except
24in cities of the 1st class and 2nd class cities that have a board of assessors under s.
2570.075, the assessment shall be finally completed before the first Monday in April.
1All real property conveyed by condemnation or in any other manner to the state, any
2county, city, village or town by gift, purchase, tax deed or power of eminent domain
3before January 2 in such year shall not be included in the assessment. Assessment
4of manufacturing property subject to s. 70.995 shall be made according to that
5section.
AB245-engrossed,54,118
70.111
(28) Business and manufacturing personal property. (a)
Beginning
9with the property tax assessments applicable to the January 1, 2024, assessment
10year, personal property, as defined in s. 70.04, including steam and other vessels,
11furniture, and equipment.
AB245-engrossed,54,1212
(b) The exemption under par. (a) does not apply to the following:
AB245-engrossed,54,1313
1. Property assessed as real property under s. 70.17 (3).
AB245-engrossed,54,1414
2. Property subject to taxation under s. 76.025 (2).
AB245-engrossed,54,1715
(c) A taxing jurisdiction may include the most recent valuation of personal
16property described under par. (a) that is located in the taxing jurisdiction for
17purposes of complying with debt limitations applicable to the jurisdiction.
AB245-engrossed,54,2219
70.119
(3) (c) “Municipality" means cities, villages, towns, counties
, and
20metropolitan sewerage districts with general taxing authority
, except that for
21distributions after December 31, 2023, “municipality” does not include counties and
22metropolitan sewerage districts.
AB245-engrossed,55,524
70.13
(1) All For assessments made before January 1, 2024, all personal
25property shall be assessed in the assessment district where the same is located or
1customarily kept except as otherwise specifically provided. Personal property in
2transit within the state on the first day of January shall be assessed in the district
3in which the same is intended to be kept or located, and personal property having no
4fixed location shall be assessed in the district where the owner or the person in charge
5or possession thereof resides, except as provided in sub. (5).
AB245-engrossed,55,137
70.13
(2) Saw For assessments made before January 1, 2024, saw logs or timber
8in transit, which are to be sawed or manufactured in any mill in this state, shall be
9deemed located and shall be assessed in the district in which such mill is located.
10Saw logs or timber shall be deemed in transit when the same are being transported
11either by water or rail, but when such logs or timber are banked, decked, piled or
12otherwise temporarily stored for transportation in any district, they shall be deemed
13located, and shall be assessed in such district.
AB245-engrossed,56,215
70.13
(3) On For assessments made before January 1, 2024, on or before the
16tenth day of January in each year the owner of logs or timber in transit shall furnish
17the assessor of the district in which the mill at which the logs or timber will be sawed
18or manufactured is located a verified statement of the amount, character and value
19of all the logs and timber in transit on the first day of January preceding, and the
20owner of the logs or timber shall furnish to the assessor of the district in which the
21logs and timber were located on the first day of January preceding, a like verified
22statement of the amount, character and value thereof. Any assessment made in
23accordance with the owner's statement shall be valid and binding on the owner
24notwithstanding any subsequent change as to the place where the same may be
25sawed or manufactured. If the owner of the logs or timber shall fail or refuse to
1furnish the statement herein provided for, or shall intentionally make a false
2statement, that owner shall be subject to the penalties prescribed by s. 70.36.
AB245-engrossed,56,194
70.13
(7) Saw For assessments made before January 1, 2024, saw logs or timber
5removed from public lands during the year next preceding the first day of January
6or having been removed from such lands and in transit therefrom on the first day of
7January, shall be deemed located and assessed in the assessment district wherein
8such public lands are located and shall be assessed in no other assessment district.
9Saw logs or timber shall be deemed in transit when the same are being transported.
10On or before January 10 in each year the owner of such logs or timber shall furnish
11the assessor of the assessment district wherein they are assessable a verified
12statement of the amount, character and value of all such logs and timber. If the
13owner of any such logs or timber shall fail or refuse to furnish such statement or shall
14intentionally make a false statement, he or she is subject to the penalties prescribed
15by s. 70.36. This subsection shall supersede any provision of law in conflict
16therewith. The term “owner" as used in this subsection is deemed to mean the person
17owning the logs or timber at the time of severing. “Public lands" as used in this
18subsection shall mean lands owned by the United States of America, the state of
19Wisconsin or any political subdivision of this state.
AB245-engrossed,57,721
70.15
(2) The owner of any steam vessel, barge, boat or other water craft,
22hailing from any port of this state, “and so employed regularly in interstate traffic,"
23desiring to comply with the terms of this section, shall annually, on or before the first
24day of January, file with the clerk of such town, village or city a verified statement,
25in writing, containing the name, port of hail, tonnage and name of owner of such
1steam vessel, barge, boat or other water craft, and shall thereupon pay into the said
2treasury of such town, village or city a sum equal to one cent per net ton of the
3registered tonnage of said vessel, and the treasurer shall thereupon issue a receipt.
4All vessels, boats or other water craft not regularly employed in interstate traffic and
5all private yachts or pleasure boats belonging to inhabitants of this state, whether
6at home or abroad, shall be taxed as personal property
for taxes levied before
7January 1, 2024.
AB245-engrossed,57,179
70.17
(1) Real property shall be entered in the name of the owner, if known to
10the assessor, otherwise to the occupant thereof if ascertainable, and otherwise
11without any name. The person holding the contract or certificate of sale of any real
12property contracted to be sold by the state, but not conveyed, shall be deemed the
13owner for such purpose. The undivided real estate of any deceased person may be
14entered to the heirs of such person without designating them by name. The real
15estate of an incorporated company shall be entered in the same manner as that of an
16individual.
Improvements on leased lands may be assessed either as real property
17or personal property.
AB245-engrossed,58,1119
70.17
(3) Beginning with the property tax assessments as of January 1, 2024,
20manufactured and mobile homes, not otherwise exempt from taxation under s.
2166.0435 (3), buildings, improvements, and fixtures on leased lands, buildings,
22improvements, and fixtures on exempt lands, buildings, improvements, and fixtures
23on forest croplands, and buildings, improvements, and fixtures on managed forest
24lands shall be assessed as real property. If buildings, improvements, and fixtures,
25but not the underlying land, are leased to a person other than the landowner or if the
1buildings, improvements, and fixtures are owned by a person other than the
2landowner, the assessor may create a separate tax parcel for the buildings,
3improvements, and fixtures and assess the buildings, improvements, and fixtures as
4real property to the owner of the buildings, improvements, and fixtures. The
5assessor may also create a tax parcel, as provided under s. 70.27, for buildings,
6improvements, and fixtures on exempt lands, buildings, improvements, and fixtures
7on forest croplands, and buildings, improvements, and fixtures on managed forest
8lands and assess the buildings, improvements, and fixtures as real property to the
9owner of the buildings, improvements, and fixtures. For purposes of this subsection,
10“buildings, improvements and fixtures" does not include any property defined in s.
1170.04.
AB245-engrossed,58,17
1370.174 Improvements on government-owned land. Improvements made
14by any person on land within this state owned by the United States
may shall be
15assessed
either as real
or personal property
to the person making the same, if
16ascertainable, and otherwise to the occupant thereof or the person receiving benefits
17therefrom, as provided under s. 70.17 (3).
AB245-engrossed,59,519
70.18
(1) Personal For assessments made before January 1, 2024, personal 20property shall be assessed to the owner thereof, except that when it is in the charge
21or possession of some person other than the owner it may be assessed to the person
22so in charge or possession of the same. Telegraph and telephone poles, posts, railroad
23ties, lumber
, and all other manufactured forest products shall be deemed to be in the
24charge or possession of the person in occupancy or possession of the premises upon
25which the same shall be stored or piled, and the same shall be assessed to such
1person, unless the owner or some other person residing in the same assessment
2district, shall be actually and actively in charge and possession thereof, in which case
3it shall be assessed to such resident owner or other person so in actual charge or
4possession; but nothing contained in this subsection shall affect or change the rules
5prescribed in s. 70.13 respecting the district in which such property shall be assessed.
AB245-engrossed,59,127
70.18
(2) Goods For assessments made before January 1, 2024, goods, wares
8and merchandise in storage in a commercial storage warehouse or on a public wharf
9shall be assessed to the owner thereof and not to the warehouse or public wharf, if
10the operator of the warehouse or public wharf furnishes to the assessor the names
11and addresses of the owners of all goods, wares and merchandise not exempt from
12taxation.
AB245-engrossed,59,23
1470.19 Assessment, how made; liability and rights of representative. (1) 15When For assessments made before January 1, 2024, when personal property is
16assessed under s. 70.18 (1) to a person in charge or possession of the personal
17property other than the owner, the assessment of that personal property shall be
18entered upon the assessment roll separately from the assessment of that person's
19own personal property, adding to the person's name upon the tax roll words briefly
20indicating that the assessment is made to the person as the person in charge or
21possession of the property. The failure to enter the assessment separately or to
22indicate the representative capacity or other relationship of the person assessed
23shall not affect the validity of the assessment.
AB245-engrossed,60,13
24(2) The For assessments made before January 1, 2024, the person assessed
25under sub. (1) and s. 70.18 (1) is personally liable for the tax on the property. The
1person assessed under sub. (1) and s. 70.18 (1) has a personal right of action against
2the owner of the property for the amount of the taxes; has a lien for that amount upon
3the property with the rights and remedies for the preservation and enforcement of
4that lien as provided in ss. 779.45 and 779.48; and is entitled to retain possession of
5the property until the owner of the property pays the tax on the property or
6reimburses the person assessed for the tax. The lien and right of possession relate
7back and exist from the time that the assessment is made, but may be released and
8discharged by giving to the person assessed such undertaking or other indemnity as
9the person accepts or by giving the person assessed a bond in the amount and with
10the sureties as is directed and approved by the circuit court of the county in which
11the property is assessed, upon 8 days' notice to the person assessed. The bond shall
12be conditioned to hold the person assessed free and harmless from all costs, expense,
13liability
, or damage by reason of the assessment.
AB245-engrossed,61,3
1570.20 Owner's liability when personalty assessed to another; action to
16collect. (1) When For assessments made before January 1, 2024, when personal
17property shall be assessed to some person in charge or possession thereof, other than
18the owner, such owner as well as the person so in charge or possession shall be liable
19for the taxes levied pursuant to such assessment; and the liability of such owner may
20be enforced in a personal action as for a debt. Such action may be brought in the name
21of the town, city or village in which such assessment was made, if commenced before
22the time fixed by law for the return of delinquent taxes, by direction of the treasurer
23or tax collector of such town, city or village. If commenced after such a return, it shall
24be brought in the name of the county or other municipality to the treasurer or other
25officer of which such return shall be made, by direction of such treasurer or other
1officer. Such action may be brought in any court of this state having jurisdiction of
2the amount involved and in which jurisdiction may be obtained of the person of such
3owner or by attachment of the property of such owner.
AB245-engrossed,61,13
4(2) The For assessments made before January 1, 2024, the remedy of
5attachment may be allowed in such action upon filing an affidavit of the officer by
6whose direction such action shall be brought, showing the assessment of such
7property in the assessment district, the amount of tax levied pursuant thereto, that
8the defendant was the owner of such property at the time as of which the assessment
9thereof was made, and that such tax remains unpaid in whole or in part, and the
10amount remaining unpaid. The proceedings in such actions and for enforcement of
11the judgment obtained therein shall be the same as in ordinary actions for debt as
12near as may be, but no property shall be exempt from attachment or execution issued
13upon a judgment against the defendant in such action.
AB245-engrossed,61,24
14(3) The For assessments made before January 1, 2024, and taxes levied before
15January 1, 2024, the assessment and tax rolls in which such assessment and tax
16shall be entered shall be prima facie evidence of such assessment and tax and of the
17justice and regularity thereof; and the same, with proof of the ownership of such
18property by the defendant at the time as of which the assessment was made and of
19the nonpayment of such tax, shall be sufficient to establish the liability of the
20defendant. Such liability shall not be affected and such action shall not be defeated
21by any omission or irregularity in the assessment or tax proceedings not affecting the
22substantial justice and equity of the tax. The provisions of this section shall not
23impair or affect the remedies given by other provisions of law for the collection or
24enforcement of such tax against the person to whom the property was assessed.
AB245-engrossed,62,5
170.21
(1) Except
For assessments made before January 1, 2024, except as
2provided in sub. (2), the personal property of a partnership may be assessed in the
3names of the persons composing the partnership, so far as known or in the firm name
4or title under which the partnership business is conducted, and each partner shall
5be liable for the taxes levied on the partnership's personal property.
AB245-engrossed,62,97
70.21
(1m) (intro.)
Undistributed For assessments made before January 1,
82024, undistributed personal property belonging to the estate of a decedent shall be
9assessed as follows:
AB245-engrossed,62,1411
70.21
(2) The For assessments made before January 1, 2024, the personal
12property of a limited liability partnership shall be assessed in the name of the
13partnership, and each partner shall be liable for the taxes levied thereon only to the
14extent permitted under s. 178.0306.
AB245-engrossed,63,216
70.22
(1) In For assessments made before January 1, 2024, in case one or more
17of 2 or more personal representatives or trustees of the estate of a decedent who died
18domiciled in this state are not residents of the state, the taxable personal property
19belonging to the estate shall be assessed to the personal representatives or trustees
20residing in this state. In case there are 2 or more personal representatives or trustees
21of the same estate residing in this state, but in different taxation districts, the
22assessment of the taxable personal property belonging to the estate shall be in the
23names of all of the personal representatives or trustees of the estate residing in this
24state. In case no personal representative or trustee resides in this state, the taxable
25personal property belonging to the estate may be assessed in the name of the
1personal representative or trustee, or in the names of all of the personal
2representatives or trustees if there are more than one, or in the name of the estate.
AB245-engrossed,63,84
70.22
(2) (a)
The For taxes levied before January 1, 2024, the taxes imposed
5pursuant to an assessment under sub. (1) may be enforced as a claim against the
6estate, upon presentation of a claim for the taxes by the treasurer of the taxation
7district to the court in which the proceedings for the probate of the estate are
8pending. Upon due proof, the court shall allow and order the claim to be paid.
AB245-engrossed,64,610
70.27
(1) Who may order. Whenever any area of platted or unplatted land
or
11land and the buildings, improvements, and fixtures on that land is owned by 2 or
12more persons in severalty, and when in the judgment of the governing body having
13jurisdiction, the description of one or more of the different parcels thereof cannot be
14made sufficiently certain and accurate for the purposes of assessment, taxation
, or
15tax title procedures without noting the correct metes and bounds of the same, or
16when such gross errors exist in lot measurements or locations that difficulty is
17encountered in locating new structures, public utilities
, or streets, such governing
18body may cause a plat to be made for such purposes. Such plat shall be called
19“assessor's plat," and shall plainly define the boundary of each parcel,
building,
20improvement, and fixture, and each street, alley, lane
, or roadway, or dedication to
21public or special use, as such is evidenced by the records of the register of deeds or
22a court of record. Such plats in cities may be ordered by the city council, in villages
23by the village board, in towns by the town board
, or the county board. A plat or part
24of a plat included in an assessor's plat shall be deemed vacated to the extent it is
25included in or altered by an assessor's plat. The actual and necessary costs and
1expenses of making assessors' plats shall be paid out of the treasury of the city,
2village, town
, or county whose governing body ordered the plat, and all or any part
3of such cost may be charged to the land, without inclusion of improvements, so
4platted in the proportion that the last assessed valuation of each parcel bears to the
5last assessed total valuation of all
lands
property included in the assessor's plat, and
6collected as a special assessment on such
land
property, as provided by s. 66.0703.
AB245-engrossed,64,228
70.27
(3) (a) Reference to any land
, or land and the buildings, improvements,
9and fixtures on that land as
it the reference appears on a recorded assessor's plat is
10deemed sufficient for purposes of assessment and taxation. Conveyance may be
11made by reference to such plat and shall be as effective to pass title to the land so
12described as it would be if the same premises had been described by metes and
13bounds. Such plat or record thereof shall be received in evidence in all courts and
14places as correctly describing the several parcels of land
or land and the buildings,
15improvements, and fixtures on that land therein designated. After an assessor's plat
16has been made and recorded with the register of deeds as provided by this section,
17all conveyances of lands
or land and the buildings, improvements, and fixtures on
18that land included in such assessor's plat shall be by reference to such plat. Any
19instrument dated and acknowledged after September 1, 1955, purporting to convey,
20mortgage, or otherwise give notice of an interest in land
or land and the buildings,
21improvements, and fixtures on that land that is within or part of an assessor's plat
22shall describe the affected land by the name of the assessor's plat, lot, block, or outlot.
AB245-engrossed,65,1124
70.27
(4) Amendments. Amendments or corrections to an assessor's plat may
25be made at any time by the governing body by recording with the register of deeds
1a plat of the area affected by such amendment or correction, made and authenticated
2as provided by this section. It shall not be necessary to refer to any amendment of
3the plat, but all assessments or instruments wherein any parcel of land
is or land and
4the buildings, improvements, and fixtures on that land are described as being in an
5assessor's plat, shall be construed to mean the assessor's plat of lands
or land and
6the buildings, improvements, and fixtures on that land with its amendments or
7corrections as it stood on the date of making such assessment or instrument, or such
8plats may be identified by number. This subsection does not prohibit the division of
9lands
or land and the buildings, improvements, and fixtures on that land that are
10included in an assessor's plat by subdivision plat, as provided in s. 236.03, or by
11certified survey map, as provided in s. 236.34.
AB245-engrossed,66,1713
70.27
(5) Surveys, reconciliations. The surveyor making the plat shall be a
14professional land surveyor licensed under ch. 443 and shall survey and lay out the
15boundaries of each parcel,
building, improvement, fixture, street, alley, lane,
16roadway, or dedication to public or private use, according to the records of the register
17of deeds, and whatever evidence that may be available to show the intent of the buyer
18and seller, in the chronological order of their conveyance or dedication, and set
19temporary monuments to show the results of such survey which shall be made
20permanent upon recording of the plat as provided for in this section. The map shall
21be at a scale of not more than 100 feet per inch, unless waived in writing by the
22department of administration under s. 236.20 (2) (L). The owners of record of lands
23or the land and the buildings, improvements, and fixtures on that land in the plat
24shall be notified by certified letter mailed to their last-known addresses, in order
25that they shall have opportunity to examine the map, view the temporary
1monuments, and make known any disagreement with the boundaries as shown by
2the temporary monuments. It is the duty of the professional land surveyor making
3the plat to reconcile any discrepancies that may be revealed so that the plat as
4certified to the governing body is in conformity with the records of the register of
5deeds as nearly as is practicable. When boundary lines between adjacent parcels, as
6evidenced on the ground, are mutually agreed to in writing by the owners of record,
7those lines shall be the true boundaries for all purposes thereafter, even though they
8may vary from the metes and bounds descriptions previously of record. Such written
9agreements shall be recorded in the office of the register of deeds. On every assessor's
10plat, as certified to the governing body, shall appear the document number of the
11record and, if given on the record, the volume and page where the record is recorded
12for the record that contains the metes and bounds description of each parcel, as
13recorded in the office of the register of deeds, which shall be identified with the
14number by which such parcel is designated on the plat, except that a lot that has been
15conveyed or otherwise acquired but upon which no deed is recorded in the office of
16register of deeds may be shown on an assessor's plat and when so shown shall contain
17a full metes and bounds description.
AB245-engrossed,66,2419
70.27
(7) (b) A clear and concise description of the land
or the land and the
20buildings, improvements, and fixtures on that land so surveyed and mapped, by
21government lot, quarter quarter-section, township, range and county, or if located
22in a city or village or platted area, then according to the plat; otherwise by metes and
23bounds beginning with some corner marked and established in the United States
24land survey.