Amendment ASA1-AB191

LRBs0187/1

JK:cdc

2021 - 2022 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 191

June 18, 2021 - Offered by Representative Knodl.

AB191-ASA1,2,4 An Act to repeal 60.85 (1) (f), 66.1105 (2) (d), 70.043 (2), 70.13 (3), 70.13 (7), 70.18, 70.19, 70.20, 70.21, 70.22, 70.29, 70.30, 70.34, 70.345, 70.35, 70.36, 70.47 (15), 70.65 (2) (a) 2., 70.68, 74.11 (4), 74.11 (11) (b), 74.11 (12) (a) 1g., 74.11 (12) (d), 74.12 (6), 74.12 (11) (a) 1g., 74.12 (11) (d), 74.30 (1) (i), 74.42, 74.47 (3) (e), 74.55 and 76.69; to renumber 70.043 (1) and 74.11 (11) (a); to consolidate, renumber and amend 70.65 (2) (a) (intro.) and 1.; to amend 17.14 (1) (g), 26.03 (1m) (b) (intro.), 33.01 (9) (a), 33.01 (9) (am), 33.01 (9) (ar) 1., 33.01 (9) (b) 1., 60.85 (1) (h) 1. c., 60.85 (1) (o), 66.1105 (2) (f) 1. c., 66.1106 (1) (k), 70.02, 70.05 (5) (a) 1., 70.17 (1), 70.174, 70.44 (1), 70.49 (2), 70.52, 70.65 (2) (b) (intro.), 70.73 (1) (b), 70.73 (1) (c), 70.73 (1) (d), 70.84, 70.855 (1) (intro.), 70.855 (1) (a), 70.855 (1) (b), 70.995 (1) (a), 70.995 (1) (b), 70.995 (4), 70.995 (7) (b), 70.995 (8) (b) 1., 70.995 (12) (a), 71.17 (2), 74.05 (1), 74.09 (2), 74.11 (6) (a), 74.11 (10) (a) 1., 74.11 (12) (a) (intro.), 74.11 (12) (b), 74.12 (7) (a), 74.12 (8) (a), 74.12 (9) (a), 74.12 (10) (a), 74.12 (11) (a) (intro.), 74.12 (11) (b), 74.29 (2), 74.30 (1m), 74.83, 74.87 (3), 77.84 (1), 174.065 (3), 815.18 (3) (intro.) and 978.05 (6) (a); and to create 66.1105 (5) (j), 70.111 (28) and 70.17 (3) of the statutes; relating to: eliminating the personal property tax.

Analysis by the Legislative Reference Bureau

Under current law, beginning with the property tax assessments as of January 1, 2018, machinery, tools, and patterns, not including those items used in manufacturing, are exempt from the personal property tax. However, beginning in 2019, the state pays each taxing jurisdiction an amount equal to the property taxes levied on those items of personal property for the property tax assessments as of January 1, 2017.

Under the bill, beginning with the property tax assessments as of January 1, 2022, no items of personal property will be subject to the property tax.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB191-ASA1,1 Section 1. 17.14 (1) (g) of the statutes is amended to read:

AB191-ASA1,2,10 17.14 (1) (g) Failure to use the “Wisconsin Property Assessment Manual" provided under s. 73.03 (2a) and as required by s. 70.32 (1) and 70.34. The certification of any assessor removed under this paragraph may for sufficient reason be reinstated by the secretary of revenue after one year upon formal application for reinstatement.

AB191-ASA1,2 Section 2. 26.03 (1m) (b) (intro.) of the statutes is amended to read:

AB191-ASA1,2,16 26.03 (1m) (b) (intro.) Paragraph (a) 1. does not apply to a person harvesting raw forest products on public lands, as defined in s. 70.13 (7), 2019 stats., to a person harvesting raw forest products for fuel wood for his or her home consumption, to a person harvesting for the purpose of clearing the land for agricultural use or to a person harvesting from the person's own land, any of the following:

AB191-ASA1,3 Section 3. 33.01 (9) (a) of the statutes is amended to read:

AB191-ASA1,3,5 33.01 (9) (a) For the purpose of receiving notice under this chapter, a person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year.

AB191-ASA1,4 Section 4. 33.01 (9) (am) of the statutes is amended to read:

AB191-ASA1,3,8 33.01 (9) (am) For the purpose of petitioning under this chapter, any of the following:

AB191-ASA1,3,11 1. A person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year.

AB191-ASA1,3,15 2. The spouse of a person whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year if the spouse is referred to on that tax roll.

AB191-ASA1,5 Section 5. 33.01 (9) (ar) 1. of the statutes is amended to read:

AB191-ASA1,3,19 33.01 (9) (ar) 1. The person's name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year.

AB191-ASA1,6 Section 6. 33.01 (9) (b) 1. of the statutes is amended to read:

AB191-ASA1,3,23 33.01 (9) (b) 1. Whose name appears as an owner of real property on the tax roll under s. 70.65 (2) (a) 1. that was delivered under s. 74.03 on or before the 3rd Monday in December of the previous year; or

AB191-ASA1,7 Section 7. 60.85 (1) (f) of the statutes is repealed.

AB191-ASA1,8 Section 8. 60.85 (1) (h) 1. c. of the statutes is amended to read:

AB191-ASA1,4,4 60.85 (1) (h) 1. c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the town of real or personal property within a tax incremental district for consideration which is less than its cost to the town.

AB191-ASA1,9 Section 9. 60.85 (1) (o) of the statutes is amended to read:

AB191-ASA1,4,7 60.85 (1) (o) “Taxable property" means all real and personal taxable property located in a tax incremental district.

AB191-ASA1,10 Section 10. 66.1105 (2) (d) of the statutes is repealed.

AB191-ASA1,11 Section 11. 66.1105 (2) (f) 1. c. of the statutes is amended to read:

AB191-ASA1,4,12 66.1105 (2) (f) 1. c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the city of real or personal property within a tax incremental district for consideration which is less than its cost to the city.

AB191-ASA1,12 Section 12. 66.1105 (5) (j) of the statutes is created to read:

AB191-ASA1,4,20 66.1105 (5) (j) Upon receiving a written application from the city clerk, in a form prescribed by the department of revenue, the department shall recalculate the base value of a tax incremental district affected by 2021 Wisconsin Act .... (this act) to remove the value of the personal property. A request received under this paragraph no later October 31 is effective in the year following the year in which the request is made. A request received after October 31 is effective in the 2nd year following the year in which the request is made.

AB191-ASA1,13 Section 13. 66.1106 (1) (k) of the statutes is amended to read:

AB191-ASA1,4,23 66.1106 (1) (k) “Taxable property" means all real and personal taxable property located in an environmental remediation tax incremental district.

AB191-ASA1,14 Section 14. 70.02 of the statutes is amended to read:

AB191-ASA1,5,5 70.02 Definition of general property. General property is all the taxable real and personal property defined in ss. 70.03 and 70.04 except that which is taxed under ss. 70.37 to 70.395 and ch. 76 and subchs. I and VI of ch. 77. General property includes manufacturing property subject to s. 70.995, but assessment of that property shall be made according to s. 70.995.

AB191-ASA1,15 Section 15. 70.043 (1) of the statutes is renumbered 70.043.

AB191-ASA1,16 Section 16. 70.043 (2) of the statutes is repealed.

AB191-ASA1,17 Section 17. 70.05 (5) (a) 1. of the statutes is amended to read:

AB191-ASA1,5,11 70.05 (5) (a) 1. “Assessed value" means with respect to each taxation district the total values established under ss. s. 70.32 and 70.34, but excluding manufacturing property subject to assessment under s. 70.995.

AB191-ASA1,18 Section 18. 70.111 (28) of the statutes is created to read:

AB191-ASA1,5,15 70.111 (28) Business and manufacturing personal property. (a) Beginning with the property tax assessments as of January 1, 2022, all business and manufacturing personal property.

AB191-ASA1,5,18 (b) A taxing jurisdiction may include the most recent valuation of personal property described under par. (a) that is located in the taxing jurisdiction for purposes of complying with debt limitations applicable to the jurisdiction.

AB191-ASA1,19 Section 19 . 70.13 (3) of the statutes is repealed.

AB191-ASA1,20 Section 20 . 70.13 (7) of the statutes is repealed.

AB191-ASA1,21 Section 21 . 70.17 (1) of the statutes is amended to read:

AB191-ASA1,6,6 70.17 (1) Real property shall be entered in the name of the owner, if known to the assessor, otherwise to the occupant thereof if ascertainable, and otherwise without any name. The person holding the contract or certificate of sale of any real property contracted to be sold by the state, but not conveyed, shall be deemed the owner for such purpose. The undivided real estate of any deceased person may be entered to the heirs of such person without designating them by name. The real estate of an incorporated company shall be entered in the same manner as that of an individual. Improvements Except as provided in sub. (3), buildings, improvements, and fixtures on leased lands may be assessed either as real property or personal property.

AB191-ASA1,22 Section 22 . 70.17 (3) of the statutes is created to read:

AB191-ASA1,6,23 70.17 (3) Beginning with the property tax assessments as of January 1, 2022, manufactured and mobile homes, not otherwise exempt from taxation under s. 66.0435 (3), buildings, improvements, and fixtures on leased lands, buildings, improvements, and fixtures on exempt lands, buildings, improvements, and fixtures on forest croplands, and buildings, improvements, and fixtures on managed forest lands shall be assessed as real property. If buildings, improvements, and fixtures, but not the underlying land, are leased to a person other than the landowner or if the buildings, improvements, and fixtures are owned by a person other than the landowner, the assessor may create a separate tax parcel for the buildings, improvements, and fixtures and assess the buildings, improvements, and fixtures as real property to the lessee or owner of the buildings, improvements, and fixtures. The assessor may also create a tax parcel for buildings, improvements, and fixtures on exempt lands, buildings, improvements, and fixtures on forest croplands, and buildings, improvements, and fixtures on managed forest lands and assess the buildings, improvements, and fixtures as real property to the lessee or owner of the buildings, improvements, and fixtures.