SB97: Bill Text

SB97,2,18 4. Leases.

SB97,3,1 5. Lease abstracts.

SB97,3,2 6. Federal tax form 8825.

SB97,3,3 (b) All of the following relating to a sale or potential sale of the property:

SB97,3,4 1. Purchase agreements.

SB97,3,5 2. Listing contracts.

SB97,3,6 3. Offers to purchase.

SB97,3,7 4. Counteroffers to purchase.

SB97,3,8 5. Condition reports.

SB97,3,9 6. Option to purchase.

SB97,3,10 7. Rights of first refusal.

SB97,3,11 8. Letters of intent.

SB97,3,13 (c) All of the following provided to a purchaser of the property no later than the sale's closing date:

SB97,3,14 1. Closing statements.

SB97,3,15 2. Rent rolls.

SB97,3,16 3. Leases.

SB97,3,17 4. Operating statements.

SB97,3,18 5. Stacking plans.

SB97,3,19 6. Title commitments.

SB97,3,20 7. Documentation of tenant delinquencies.

SB97,3,21 8. Service contracts.

SB97,3,22 9. Warranties.

SB97,3,23 10. Utility bills.

SB97,3,24 11. Environmental reports.

SB97,4,2 (d) Documents showing the cost of completed construction or completed remodeling.

SB97,4,3 (e) Appraisals and feasibility studies.

SB97,4,5 (f) Documents provided to the federal securities and exchange commission in which the property is listed or discussed.

SB97,4,6 (g) Fixed asset schedules on which the property is listed.

SB97,4,8 (h) Documents showing asset value of the property in the real estate portfolio of a real estate investment trust.

SB97,4,16 (2) The form and documents provided under sub. (1) shall be the confidential records of the assessor's office and shall remain under seal before the board of review and on appeal. The municipality or county shall provide by ordinance for the confidentiality of the information contained on the form and documents and shall provide exceptions for persons using the information in the discharge of the duties of their office or duties imposed by law or order of a court. The form and documents provided under sub. (1) are not subject to the right of inspection and copying under s. 19.35 (1).

SB97,4,19 (3) If any documents requested under sub. (1) are not in the possession of a person challenging an assessment, the person shall make a good faith effort to obtain the documents.

SB97,4,23 (4) No document or information provided under this section is controlling on the assessor in the assessment of the property. Nothing in this section limits the authority of the assessor to seek additional evidence as to the full value of the property.

SB97,2 Section 2 . 70.47 (2m) of the statutes is amended to read:

SB97,5,6 70.47 (2m) Open meetings. All Except when the board of review determines it necessary to meet in closed session to maintain the confidentiality of information required to remain under seal under s. 70.325 (2), all meetings of the board of review shall be publicly held and open to all citizens at all times. No and no formal action of any kind shall may be introduced, deliberated upon, or adopted at any closed session or meeting of a board of review.

SB97,3 Section 3 . 70.47 (7) (af) of the statutes is amended to read:

SB97,5,24 70.47 (7) (af) No person upon whom a timely request under s. 70.325 (1) was made may appear before the board of review, testify to the board by telephone or object to a valuation; if that valuation was made by the assessor or the objector using the income method; unless no later than 7 days before the first meeting of the board of review the person supplies to the assessor all of the information about income and expenses, as specified in the manual under s. 73.03 (2a), that the assessor requests. The municipality or county shall provide by ordinance for the confidentiality of information about income and expenses that is provided to the assessor under this paragraph and shall provide exceptions for persons using the information in the discharge of duties imposed by law or of the duties of their office or by order of a court. The information that is provided under this paragraph is not subject to the right of inspection and copying under s. 19.35 (1) unless a court determines before the first meeting of the board of review that the information is inaccurate the person provides the assessor with the information requested under s. 70.325 (1) no later than March 31. This paragraph does not apply if the board of review, or a court under s. 70.47 (13e), determines that the person demonstrated a good faith effort to obtain documents that are not in the person's possession as required under s. 70.325 (3).

SB97,4 Section 4 . 70.47 (12e) of the statutes is created to read:

SB97,6,6 70.47 (12e) Dismissal of proceeding. The board of review may dismiss a proceeding under this section upon a determination that the taxpayer has not participated in good faith in the proceeding as required under s. 70.325 (3). Prior to final adjournment, the board shall notify the taxpayer by personal delivery or by mail, return receipt required, of the dismissal and an explanation of appeal rights and procedures under sub. (13e).

SB97,5 Section 5 . 70.47 (13) of the statutes is amended to read:

SB97,6,18 70.47 (13) Certiorari. Except as provided in s. sub. (13e) and ss. 70.85 and 74.37, appeal from the determination of the board of review shall be by an action for certiorari commenced within 90 days after the taxpayer receives the notice under sub. (12). The action shall be given preference. If the court on the appeal finds any error in the proceedings of the board which renders the assessment or the proceedings void, it shall remand the assessment to the board for further proceedings in accordance with the court's determination and retain jurisdiction of the matter until the board has determined an assessment in accordance with the court's order. For this purpose, if final adjournment of the board occurs prior to the court's decision on the appeal, the court may order the governing body of the assessing authority to reconvene the board.

SB97,6 Section 6 . 70.47 (13e) of the statutes is created to read:

SB97,7,3 70.47 (13e) Appeal of dismissal of proceeding. Appeal from the determination of the board of review to dismiss a proceeding under sub. (12e) shall be by an action for certiorari commenced within 90 days after the taxpayer receives the notice under sub. (12e). The action shall be given preference. If the court on the appeal finds any error in the proceedings of the board that renders the dismissal void, it shall remand the matter to the board for further proceedings under this section. For this purpose, if final adjournment of the board occurs prior to the court's decision on the appeal, the court may order the governing body of the assessing authority to reconvene the board.

SB97,7,4 (End)