LRBs0283/1
EKL:klm&wlj
2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 903
February 17, 2020 - Offered by Representative Petersen.
AB903-ASA1,1,4
1An Act to amend 70.47 (2m), 70.47 (7) (af), 70.47 (8) (d) and 70.47 (9) (a); and
2to create 70.325 and 74.37 (6) of the statutes;
relating to: requiring property
3owners to submit specified information for commercial property tax
4assessments.
Analysis by the Legislative Reference Bureau
This bill authorizes a property tax assessor, when assessing commercial
property, to request a person to provide specified documents related to the property's
fair market value.
Under the bill, the assessor may request a specific list of documents from the
person no later than January 15 of the assessment year. The assessor must make
the request using a form prescribed by the Department of Revenue that contains the
exclusive list of documents that may be requested. The assessor may request any of
the listed documents that were executed, prepared, or submitted within the current
year or three prior years. The person must complete the form and attach the
requested documents no later than March 31, although the person is not obligated
to produce a document that is not in the person's possession. If the person fails to
timely provide a requested document that is in the person's possession when the
request is made, the person may not offer the document in a valuation hearing.
The bill specifies that no document or information provided via the form is
controlling on the assessor in the assessment of property and that nothing in the bill
limits the assessor's authority to seek additional valuation evidence from any source
or creates a presumption that any of the documents or information are relevant to
the assessment of property. The bill also provides that the failure of a person to
respond to a request may not limit the person's ability to challenge an assessment
in any venue.
Under the bill, the documents and information provided via the form are
confidential and must remain under seal before a board of assessors, a board of
review, DOR, the Tax Appeals Commission, and a court unless the person who
provided the document or information consents to the unsealing or a court grants a
request to unseal. Under the bill, an assessor may request the court to unseal any
of the documents or information in an excessive property tax assessment action or
by petition to the circuit court. Also under the bill, a person objecting to an
assessment may request a court to gain access to the documents or information used
to assess, or defend the assessment of, the person's property or that are otherwise
relevant to the property's assessment. The person who provided the document or
information to the assessor must be given notice of a request to unseal and a
reasonable opportunity to participate in a proceeding in which the request is
considered. In determining whether to grant a request to unseal, the court must
balance the need to keep the document or information confidential with the ability
of the assessor to defend, and the person to challenge, the assessment. If the court
rejects the request of the person objecting to the assessment, a board of review or
court may not consider evidence brought by an assessor that consists of, or is based
on, the document or information that was the subject of the request.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB903-ASA1,1
1Section 1
. 70.325 of the statutes is created to read:
AB903-ASA1,3,3
270.325 Requirement to provide information for commercial property
3assessments. (1) To determine the value of property classified under s. 70.32 (2)
4(a) 2. for which a person should be assessed, an assessor may request, no later than
5January 15 of the current assessment year, the person to submit evidence of the
6property's fair market value. An assessor shall make a request by providing the
7person with a form prescribed by the department of revenue that the person shall
8complete. The form prescribed by the department shall list only the documents in
9pars. (a) to (h) and shall require the person to declare whether each document exists
10for the property to be assessed and, if so, to attach a copy to the form. The assessor
1may request any of the listed documents that were executed, prepared, or submitted
2within the current assessment year or the 3 years prior to the current assessment
3year. Only the following documents shall be listed on the form:
AB903-ASA1,3,44
(a) All of the following relating to the rental of the property:
AB903-ASA1,3,55
1. Itemized operating statements.
AB903-ASA1,3,66
2. Vacancy losses.
AB903-ASA1,3,77
3. Rent rolls.
AB903-ASA1,3,99
5. Lease abstracts.
AB903-ASA1,3,1010
6. Federal tax form 8825.
AB903-ASA1,3,1111
(b) All of the following relating to a sale or potential sale of the property:
AB903-ASA1,3,1212
1. Purchase agreements.
AB903-ASA1,3,1313
2. Listing contracts.
AB903-ASA1,3,1414
3. Offers to purchase.
AB903-ASA1,3,1515
4. Counteroffers to purchase.
AB903-ASA1,3,1616
5. Condition reports.
AB903-ASA1,3,1717
6. Option to purchase.
AB903-ASA1,3,1818
7. Rights of first refusal.
AB903-ASA1,3,1919
8. Letters of intent.
AB903-ASA1,3,2120
(c) All of the following provided to a purchaser of the property no later than the
21sale's closing date:
AB903-ASA1,3,2222
1. Closing statements.
AB903-ASA1,3,2323
2. Rent rolls.
AB903-ASA1,3,2525
4. Operating statements.
AB903-ASA1,4,1
15. Stacking plans.
AB903-ASA1,4,22
6. Title commitments.
AB903-ASA1,4,33
7. Documentation of tenant delinquencies.
AB903-ASA1,4,44
8. Service contracts.
AB903-ASA1,4,55
9. Warranties.
AB903-ASA1,4,66
10. Utility bills.
AB903-ASA1,4,77
11. Environmental reports.
AB903-ASA1,4,98
(d) Documents showing the cost of completed construction or completed
9remodeling.
AB903-ASA1,4,1010
(e) Appraisals and feasibility studies.
AB903-ASA1,4,1211
(f) Documents provided to the federal securities and exchange commission in
12which the property is listed or discussed.
AB903-ASA1,4,1313
(g) Fixed asset schedules on which the property is listed.
AB903-ASA1,4,1514
(h) Documents showing asset value of the property in the real estate portfolio
15of a real estate investment trust.
AB903-ASA1,4,21
16(2) (a) The documents and information received by an assessor under sub. (1)
17shall be the confidential records of the assessor's office and are not subject to the right
18of inspection and copying under s. 19.35 (1). The municipality or county shall provide
19by ordinance for the confidentiality of the documents and information and shall
20provide exceptions for persons using the documents or information in the discharge
21of the duties of their office or duties imposed by law or order of a court.
AB903-ASA1,5,222
(b) Any document or information received by an assessor under sub. (1) shall
23remain under seal before the board of assessors, board of review, department of
24revenue, tax appeals commission, and court unless a court grants a request under
1par. (c) or the person who provided the document or information to the assessor
2consents to the unsealing.
AB903-ASA1,5,153
(c) In an action under s. 74.37 or by petition to the circuit court, an assessor may
4request the court to unseal any document or information received by an assessor
5under sub. (1). A person objecting to an assessment under s. 70.47 (7) or seeking to
6recover an amount under s. 74.37 may request a court to gain access to any document
7or information received by an assessor under sub. (1) that was used to assess, or
8defend the assessment of, the person's property or is otherwise relevant to the
9property's assessment. The person who provided the document or information to the
10assessor shall be provided notice of any motion or petition filed under this paragraph
11and a reasonable opportunity to participate in any proceeding in which the motion
12or petition is considered. In determining whether to grant a request under this
13paragraph, the court shall balance the need to keep the document or information
14confidential with the ability of the assessor to defend, and the person to challenge,
15the assessment.
AB903-ASA1,5,17
16(3) A person to whom a request is made under sub. (1) is not obligated to
17produce a document that is not in that person's possession.
AB903-ASA1,5,24
18(4) No document or information provided under this section is controlling on
19the assessor in the assessment of the property. Nothing in this section limits the
20authority of the assessor to seek additional evidence from any source as to the full
21value of the property, but the failure of any person to respond to a request may not
22limit the ability of the person to challenge an assessment in any venue. Nothing in
23this section creates a presumption that any information or document described or
24collected under this section is relevant to the assessment of property.
AB903-ASA1,2
25Section 2
. 70.47 (2m) of the statutes is amended to read:
