AB641: Bill Text

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LRB-4749/1

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2021 - 2022 LEGISLATURE

2021 Assembly BILL 641

October 21, 2021 - Introduced by Representatives Vining, B. Meyers, Shankland, Milroy, Doyle, Vruwink, Snodgrass, Hintz, Sinicki, Hebl, Ohnstad, Shelton, Spreitzer, Considine, Billings, Anderson, Neubauer, Hesselbein, S. Rodriguez, Conley, Subeck, Stubbs, Andraca, Ortiz-Velez and McGuire, cosponsored by Senators Pfaff, Smith, Bewley, Ringhand, Agard, Roys and Larson. Referred to Committee on Ways and Means.

AB641,2,11 An Act to repeal 20.835 (1) (em), 60.85 (1) (f), 66.1105 (2) (d), 70.11 (42), 70.1105 (2), 70.53 (1) (a), 70.995 (12r), 71.07 (5n) (a) 5. d., 71.28 (5n) (a) 5. d., 76.07 (4g) (a) 11. and 12. and 76.69; to renumber 79.096 (1); to renumber and amend 77.51 (12t) and 79.096 (2) (a); to amend 60.85 (1) (h) 1. c., 60.85 (1) (o), 66.0435 (3) (g), 66.1105 (2) (f) 1. c., 66.1106 (1) (k), 70.04 (1r), 70.043, 70.05 (5) (a) 1., 70.10, 70.1105 (1), 70.111 (19) (b), 70.13 (1), 70.13 (2), 70.13 (3), 70.13 (7), 70.15 (2), 70.17 (1), 70.174, 70.18, 70.19, 70.20, 70.21 (1), 70.21 (1m) (intro.), 70.21 (2), 70.22 (1), 70.22 (2) (a), 70.27 (1), 70.27 (3) (a), 70.27 (4), 70.27 (5), 70.27 (7) (b), 70.29, 70.30 (intro.), 70.34, 70.345, 70.35 (1), 70.35 (2), 70.35 (3), 70.35 (4), 70.35 (5), 70.36 (1), 70.36 (2), 70.43 (2), 70.44 (1), 70.47 (7) (aa), 70.49 (2), 70.50, 70.52, 70.65 (2) (a) 2., 70.65 (2) (b) (intro.), 70.68 (1), 70.73 (1) (b), 70.73 (1) (c), 70.84, 70.855 (1) (intro.), 70.855 (1) (a), 70.855 (1) (b), 70.995 (1) (a), 70.995 (3), 70.995 (4), 70.995 (5), 70.995 (7) (b), 70.995 (8) (b) 1., 70.995 (12) (a), 71.07 (5n) (a) 5. a., 71.07 (5n) (a) 9. (intro.), 71.07 (5n) (a) 9. a., 71.07 (5n) (d) 2., 71.07 (6e) (a) 5., 71.07 (9) (a) 3., 71.17 (2), 71.28 (5n) (a) 5. a., 71.28 (5n) (a) 9. (intro.), 71.28 (5n) (a) 9. a., 71.28 (5n) (d) 2., 71.52 (7), 73.01 (5) (a), 73.06 (3), 76.02 (1), 76.025 (2), 76.03 (1), 76.07 (2), 76.07 (4g) (a) 10., 76.07 (4g) (a) 13., 76.24 (2) (a), 76.28 (9), 76.31, 76.82, 76.84 (4), 77.04 (1), 77.54 (20n) (d) 2., 77.54 (20n) (d) 3., 77.54 (57d) (b) 1., 77.84 (1), 78.55 (1), 79.095 (3), 174.065 (3), 815.18 (3) (intro.) and 978.05 (6) (a); to create 16.5185 (3), 60.85 (5) (j), 66.1105 (5) (j), 66.1106 (4) (e), 70.111 (28), 70.17 (3), 70.995 (5n), 71.07 (5n) (a) 9. c., 71.28 (5n) (a) 9. c., 76.02 (4m), 76.025 (5), 76.074, 77.51 (12t) (a) to (c), 79.096 (1) (b), 79.096 (2) (a) 2., 79.096 (2) (c) and 79.096 (2) (d) of the statutes; and to affect 2021 Wisconsin Act 58, section 9125 (1); relating to: repealing the personal property tax, granting rule-making authority, and making an appropriation.

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. Beginning in 2023, the state will pay each taxing jurisdiction an additional amount equal to the property taxes levied on the items made exempt under the bill for the property tax assessments as of January 1, 2021. Beginning in 2024, each taxing jurisdiction will receive a payment to compensate it for its loss in personal property revenue equal to the payment it received in the previous year, increased by the annual percentage change in the consumer price index.

Under current law, generally, public utilities, including railroad companies, are subject to a license fee imposed by the state instead of being subject to local property taxes. This bill creates a personal property tax exemption for railroad companies in order to comply with the requirements of the federal Railroad Revitalization and Regulatory Reform Act.

Finally, the bill makes a number of technical changes related to the repeal of the personal property tax, such as providing a process whereby manufacturing establishments located in this state that do not own real property in this state may continue to claim the manufacturing income tax credit.

Because this bill relates to an exemption from state or local taxes, it may be referred to the Joint Survey Committee on Tax Exemptions for a report to be printed as an appendix to the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB641,1 Section 1. 16.5185 (3) of the statutes is created to read:

AB641,3,6 16.5185 (3) On December 30, 2022, the secretary shall transfer from the general fund to the transportation fund $9,000,000. On December 30, 2023, and on each December 30 thereafter, the secretary shall transfer from the general fund to the transportation fund an amount equal to the amount transferred under this subsection in the previous fiscal year, increased by 1.25 percent

AB641,2 Section 2. 20.835 (1) (em) of the statutes, as created by 2021 Wisconsin Act 58, is repealed.

AB641,3 Section 3. 60.85 (1) (f) of the statutes is repealed.

AB641,4 Section 4. 60.85 (1) (h) 1. c. of the statutes is amended to read:

AB641,3,14 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.

AB641,5 Section 5. 60.85 (1) (o) of the statutes is amended to read:

AB641,3,17 60.85 (1) (o) “Taxable property" means all real and personal taxable property located in a tax incremental district.

AB641,6 Section 6. 60.85 (5) (j) of the statutes is created to read:

AB641,4,7 60.85 (5) (j) Upon receiving a written application from the town 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. An application received under this paragraph no later than October 31 is effective in the year following the year in which the application is made. An application received after October 31 is effective in the 2nd year following the year in which the application is made.

AB641,7 Section 7. 66.0435 (3) (g) of the statutes is amended to read:

AB641,4,11 66.0435 (3) (g) Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under chs. 70 and 74.

AB641,8 Section 8. 66.1105 (2) (d) of the statutes is repealed.

AB641,9 Section 9. 66.1105 (2) (f) 1. c. of the statutes is amended to read:

AB641,4,16 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.

AB641,10 Section 10. 66.1105 (5) (j) of the statutes is created to read:

AB641,4,24 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. An application received under this paragraph no later than October 31 is effective in the year following the year in which the application is made. An application received after October 31 is effective in the 2nd year following the year in which the application is made.

AB641,11 Section 11. 66.1106 (1) (k) of the statutes is amended to read:

AB641,5,2 66.1106 (1) (k) “Taxable property" means all real and personal taxable property located in an environmental remediation tax incremental district.

AB641,12 Section 12. 66.1106 (4) (e) of the statutes is created to read:

AB641,5,11 66.1106 (4) (e) Upon receiving a written application from the clerk of a political subdivision, in a form prescribed by the department, 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, as defined in s. 66.1105. An application received under this paragraph no later than October 31 is effective in the year following the year in which the application is made. An application received after October 31 is effective in the 2nd year following the year in which the application is made.

AB641,13 Section 13. 70.04 (1r) of the statutes is amended to read:

AB641,5,18 70.04 (1r) Toll bridges; private railroads and bridges; saw Saw logs, timber, and lumber, either upon land or afloat; steamboats, ships, and other vessels, whether at home or abroad; ferry boats, including the franchise for running the same; ice cut and stored for use, sale, or shipment; beginning May 1, 1974, and manufacturing machinery and equipment as defined in s. 70.11 (27), and entire property of companies defined in s. 76.28 (1), located entirely within one taxation district.

AB641,14 Section 14. 70.043 of the statutes is amended to read:

AB641,6,2 70.043 Mobile homes, recreational mobile homes, and manufactured homes. (1) A mobile home, as defined in s. 101.91 (10), a recreational mobile home, as defined in s. 66.0435 (1) (hm), or a manufactured home, as defined in s. 101.91 (2), is an improvement to real property if it is connected to utilities and is set upon a foundation upon land which is owned by the mobile home, recreational mobile home, or manufactured home owner. In this section, a mobile home, recreational mobile home, or manufactured home is “set upon a foundation" if it is off its wheels and is set upon some other support.

AB641,6,8 (2) A mobile home, as defined in s. 101.91 (10), a recreational mobile home, as defined in s. 66.0435 (1) (hm), or a manufactured home, as defined in s. 101.91 (2), is personal property if the land upon which it is located is not owned by the mobile home, recreational mobile home, or manufactured home owner or if the mobile home, recreational mobile home, or manufactured home is not set upon a foundation or connected to utilities.

AB641,15 Section 15. 70.05 (5) (a) 1. of the statutes is amended to read:

AB641,6,12 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.

AB641,16 Section 16. 70.10 of the statutes is amended to read:

AB641,6,22 70.10 Assessment, when made, exemption. The assessor shall assess all real and personal taxable property as of the close of January 1 of each year. Except in cities of the 1st class and 2nd class cities that have a board of assessors under s. 70.075, the assessment shall be finally completed before the first Monday in April. All real property conveyed by condemnation or in any other manner to the state, any county, city, village or town by gift, purchase, tax deed or power of eminent domain before January 2 in such year shall not be included in the assessment. Assessment of manufacturing property subject to s. 70.995 shall be made according to that section.

AB641,17 Section 17. 70.11 (42) of the statutes is repealed.

AB641,18 Section 18. 70.1105 (1) of the statutes is amended to read:

AB641,7,8 70.1105 (1) Property that is exempt under s. 70.11 and that is used in part in a trade or business for which the owner of the property is subject to taxation under sections 511 to 515 of the internal revenue code, as defined in s. 71.22 (4m), shall be assessed for taxation, unless otherwise exempt under this chapter, at that portion of the fair market value of the property that is attributable to the part of the property that is used in the unrelated trade or business. This section does not apply to property that is leased by an exempt organization to another person or to property that is exempt under s. 70.11 (34).

AB641,19 Section 19. 70.1105 (2) of the statutes is repealed.

AB641,20 Section 20. 70.111 (19) (b) of the statutes is amended to read:

AB641,7,16 70.111 (19) (b) Recreational mobile homes, as defined in s. 66.0435 (1) (hm), that are personal property under s. 70.043 (2) and recreational vehicles, as defined in s. 340.01 (48r). The exemption under this paragraph also applies to steps and a platform, not exceeding 50 square feet, that lead to a doorway of a recreational mobile home or a recreational vehicle, but does not apply to any other addition, attachment, deck, or patio.

AB641,21 Section 21. 70.111 (28) of the statutes is created to read:

AB641,7,21 70.111 (28) Personal property. (a) Beginning with the property tax assessments applicable to the January 1, 2022, assessment year, personal property, as defined under s. 70.04, including steam and other vessels, furniture, and equipment.

AB641,7,22 (b) The exemption under par. (a) does not apply to all of the following:

AB641,7,23 1. Property qualifying as real property under s. 70.03.

AB641,7,25 2. Off-premises advertising signs defined as personal property under s. 70.04 (3).

AB641,8,1 3. Property assessed as real property under s. 70.17 (3).

AB641,8,2 4. Property subject to taxation under s. 76.025 (2).

AB641,8,5 (c) 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.

AB641,22 Section 22. 70.13 (1) of the statutes is amended to read:

AB641,8,13 70.13 (1) All For assessments made before January 1, 2022, all personal property shall be assessed in the assessment district where the same is located or customarily kept except as otherwise specifically provided. Personal property in transit within the state on the first day of January shall be assessed in the district in which the same is intended to be kept or located, and personal property having no fixed location shall be assessed in the district where the owner or the person in charge or possession thereof resides, except as provided in sub. (5).

AB641,23 Section 23. 70.13 (2) of the statutes is amended to read:

AB641,8,21 70.13 (2) Saw For assessments made before January 1, 2022, saw logs or timber in transit, which are to be sawed or manufactured in any mill in this state, shall be deemed located and shall be assessed in the district in which such mill is located. Saw logs or timber shall be deemed in transit when the same are being transported either by water or rail, but when such logs or timber are banked, decked, piled or otherwise temporarily stored for transportation in any district, they shall be deemed located, and shall be assessed in such district.

AB641,24 Section 24. 70.13 (3) of the statutes is amended to read:

AB641,9,10 70.13 (3) On For assessments made before January 1, 2022, on or before the tenth day of January in each year the owner of logs or timber in transit shall furnish the assessor of the district in which the mill at which the logs or timber will be sawed or manufactured is located a verified statement of the amount, character and value of all the logs and timber in transit on the first day of January preceding, and the owner of the logs or timber shall furnish to the assessor of the district in which the logs and timber were located on the first day of January preceding, a like verified statement of the amount, character and value thereof. Any assessment made in accordance with the owner's statement shall be valid and binding on the owner notwithstanding any subsequent change as to the place where the same may be sawed or manufactured. If the owner of the logs or timber shall fail or refuse to furnish the statement herein provided for, or shall intentionally make a false statement, that owner shall be subject to the penalties prescribed by s. 70.36.

AB641,25 Section 25. 70.13 (7) of the statutes is amended to read:

AB641,9,25 70.13 (7) Saw For assessments made before January 1, 2022, saw logs or timber removed from public lands during the year next preceding the first day of January or having been removed from such lands and in transit therefrom on the first day of January, shall be deemed located and assessed in the assessment district wherein such public lands are located and shall be assessed in no other assessment district. Saw logs or timber shall be deemed in transit when the same are being transported. On or before January 10 in each year the owner of such logs or timber shall furnish the assessor of the assessment district wherein they are assessable a verified statement of the amount, character and value of all such logs and timber. If the owner of any such logs or timber shall fail or refuse to furnish such statement or shall intentionally make a false statement, he or she is subject to the penalties prescribed by s. 70.36. This subsection shall supersede any provision of law in conflict therewith. The term “owner" as used in this subsection is deemed to mean the person owning the logs or timber at the time of severing. “Public lands" as used in this subsection shall mean lands owned by the United States of America, the state of Wisconsin or any political subdivision of this state.

AB641,26 Section 26. 70.15 (2) of the statutes is amended to read: