AB43: Bill Text

AB43,1269 Section 1269. 69.15 (1) of the statutes is amended to read:

AB43,,3215 69.15 (1) Birth record information changes. The state registrar may change information on a birth record registered in this state which was correct at the time the birth record was filed under a court or administrative order issued in this state, in another state or in Canada or under the valid order of a court of any federally recognized Indian tribe, band, or nation if all of the following occur:

AB43,,3216 (a) The order provides for an adoption, name change, or name change with sex change or establishes paternity; and or parentage.

AB43,,3217 (b) A clerk of court or, for a paternity or parentage action, a clerk of court or county child support agency under s. 59.53 (5), sends the state registrar a certified report of an order of a court in this state in the method prescribed by the state registrar or, in the case of any other order, the state registrar receives a certified copy of the order and the proper fee under s. 69.22.

AB43,1270 Section 1270. 69.15 (3) (title) and (a) (intro.), 1., 2. and 3. of the statutes are amended to read:

AB43,,3219 69.15 (3) (title) Paternity Parentage. (a) (intro.) If the state registrar receives an order under sub. (1) that establishes paternity or determines that the man person whose name appears on a registrant’s birth record is not the father parent of the registrant, or a report under s. 767.804 (1) (c) that shows a conclusive determination of paternity, the state registrar shall do the following, as appropriate:

AB43,,3220 1. Prepare under sub. (6) a new record omitting the father’s parent’s name if the order determines that the man person whose name appears on a registrant’s birth record is not the father parent of the registrant and if there is no adjudicated father.

AB43,,3221 2. Prepare under sub. (6) a new record for the subject of a paternity action changing the name of the father parent if the name of the adjudicated father is different than the name of the man person on the birth record.

AB43,,3222 3. Except as provided under subd. 4., insert the name of the adjudicated or conclusively determined father on the original birth record if the name of the father that parent was omitted on the original record.

AB43,1271 Section 1271. 69.15 (3) (b) 1., 2., 3. and 4. (intro.), a. and b. of the statutes are amended to read:

AB43,,3224 69.15 (3) (b) 1. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the manner prescribed by the state registrar and signed by both of the birth natural parents of a child determined to be a marital child under s. 767.803, a certified copy of the parents’ marriage record, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the husband spouse of the person who gave birth from the marriage record as the father parent if the name of the father that parent was omitted on the original birth record. The state registrar shall include for the acknowledgment the items in s. 767.813 (5g).

AB43,,3225 2. Except as provided under par. (c), if the parent of a child determined to be a marital child under s. 767.803 dies after his or her marriage and before the statement acknowledging paternity parentage has been signed, the state registrar shall insert the name of the father parent under subd. 1. upon receipt of a court order determining that the husband spouse was the father parent of the child.

AB43,,3226 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity parentage in the method prescribed by the state registrar and signed by both parents, neither of whom was under the age of 18 years when the form was signed, along with the fee under s. 69.22, the state registrar shall insert the name of the father parent under subd. 1. The state registrar shall mark the record to show that the acknowledgement is on file. The acknowledgement shall be available to the department of children and families or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the acknowledgment the information in s. 767.805 and the items in s. 767.813 (5g).

AB43,,3227 4. (intro.) If a registrant has not reached the age of 18 years and if any of the following indicate, in a statement acknowledging paternity parentage under subd. 1. or 3., that the given name or surname, or both, of the registrant should be changed on the birth record, the state registrar shall enter the name indicated on the birth record without a court order:

AB43,,3228 a. The mother of the parent who gave birth to the registrant, except as provided under subd. 4. b. and c.

AB43,,3229 b. The father of natural parent who did not give birth to the registrant if the father that parent has legal custody of the registrant.

AB43,1272 Section 1272. 69.15 (3) (b) 3m. of the statutes is created to read:

AB43,,3231 69.15 (3) (b) 3m. Except as provided in par. (c), if the state registrar receives an acknowledgement of parentage on a form prescribed by the state registrar and signed by both of the people presumed to be natural parents under s. 891.41 (1) (b), a certified copy of the parents’ marriage certificate, and the fee required under s. 69.22 (5) (b) 1., the state registrar shall insert the name of the spouse from the marriage certificate as a parent if the name of that parent was omitted on the original birth certificate.

AB43,1273 Section 1273. 69.15 (3) (d) of the statutes is amended to read:

AB43,,3233 69.15 (3) (d) The method prescribed by the state registrar for acknowledging paternity parentage shall require that the social security number of each of the registrant’s parents be provided.

AB43,1274 Section 1274. 69.15 (3m) (title) and (a) (intro.) of the statutes are amended to read:

AB43,,3235 69.15 (3m) (title) Rescission of statement acknowledging paternity parentage. (a) (intro.) A statement acknowledging paternity parentage that is filed with the state registrar under sub. (3) (b) 3. may be rescinded by either person who signed the statement as a parent of the registrant if all of the following apply:

AB43,1275 Section 1275. 69.15 (3m) (a) 3. and (b) of the statutes are amended to read:

AB43,,3237 69.15 (3m) (a) 3. The person rescinding the statement files a rescission in the method prescribed under subd. 2. before the day on which a court or circuit court commissioner makes an order in an action affecting the family involving the man person who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB43,,3238 (b) If the state registrar, within the time required under par. (a) 3., receives a rescission in the method prescribed by the state registrar, along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new record omitting the father’s parent’s name if it was inserted under sub. (3) (b).

AB43,1276 Section 1276. 70.03 (1) of the statutes is amended to read:

AB43,,3240 70.03 (1) In chs. 70 to 76, 78, and 79, “real property,” “real estate,” and “land” include not only the land itself but all buildings and, fixtures, improvements thereon, and all fixtures and, leases, rights, and privileges appertaining thereto, including assets that cannot be taxed separately as real property, but are inextricably intertwined with the real property, enable the real property to achieve its highest and best use, and are transferable to future owners, except as provided in sub. (2) and except that for the purpose of time-share property, as defined in s. 707.02 (32), real property does not include recurrent exclusive use and occupancy on a periodic basis or other rights, including, but not limited to, membership rights, vacation services, and club memberships. In this subsection, “lease” means a right in real estate that is related primarily to the property and not to the labor, skill, or business acumen of the property owner or tenant. In this subsection, “highest and best use” has the meaning given in s. 70.32 (1).

AB43,1277 Section 1277. 70.04 (1r) of the statutes is amended to read:

AB43,,3242 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.

AB43,1278 Section 1278. 70.043 of the statutes is amended to read:

AB43,,3244 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.

AB43,,3245 (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.

AB43,1279 Section 1279. 70.05 (5) (a) 1. of the statutes is amended to read:

AB43,,3247 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.

AB43,1280 Section 1280. 70.10 of the statutes is amended to read:

AB43,,3249 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.

AB43,1281 Section 1281. 70.11 (2) of the statutes is amended to read:

AB43,,3251 70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0823, transit authority created under s. 66.1039, regional planning commission created under s. 66.0309, long-term care district under s. 46.2895, or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes that is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. The exemption under this subsection applies to the property of a regional planning commission that the commission owned prior to October 1, 2021. If a regional planning commission subsequently sells property exempt from taxation under this subsection, the exemption applies to property purchased and owned by the commission if the total size of all property owned by the commission is substantially similar in size to the total property owned by the commission prior to October 1, 2021. Any property of the regional planning commission in excess of that size restriction is subject to taxation under this chapter. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

AB43,1282 Section 1282. 70.11 (36) (a) of the statutes is amended to read:

AB43,,3253 70.11 (36) (a) Property consisting of or contained in a sports and entertainment home stadium, except a football stadium as defined in s. 229.821 (6); including but not limited to parking lots, garages, restaurants, parks, concession facilities, entertainment facilities, transportation facilities, and other functionally related or auxiliary facilities and structures, and any other property constituting baseball park development, as defined in s. 229.65 (1m); including those facilities and structures while they are being built; constructed by, leased to or primarily used by a professional athletic team that is a member of a league that includes teams that have home stadiums in other states, and the land on which that stadium and those structures and facilities are located. Leasing or subleasing the property; regardless of the lessee, the sublessee and the use of the leasehold income; does not render the property taxable.

AB43,1283 Section 1283. 70.11 (38v) of the statutes is created to read:

AB43,,3255 70.11 (38v) Wisconsin Housing and Economic Development Authority headquarters. Land and buildings on that land owned by the Wisconsin Housing and Economic Development Authority and used exclusively as either the corporate headquarters of the Wisconsin Housing and Economic Development Authority or the parking facilities associated with those headquarters.

AB43,1284 Section 1284. 70.11 (42) of the statutes is repealed.

AB43,1285 Section 1285. 70.11 (47) of the statutes is created to read:

AB43,,3258 70.11 (47) Cranberry research and educational station. All property, but not exceeding 50 acres of land, owned or leased by an entity that is exempt from taxation under section 501 (c) (3) of the Internal Revenue Code and that is used primarily for research and educational activities associated with commercial cranberry production.

AB43,1286 Section 1286. 70.1105 (1) of the statutes is amended to read:

AB43,,3260 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).

AB43,1287 Section 1287. 70.1105 (2) of the statutes is repealed.

AB43,1288 Section 1288. 70.111 (19) (b) of the statutes is amended to read:

AB43,,3263 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.

AB43,1289 Section 1289. 70.111 (28) of the statutes is created to read:

AB43,,3265 70.111 (28) Personal property. (a) Beginning with the property tax assessments applicable to the January 1, 2024, assessment year, personal property, as defined under s. 70.04, including steam and other vessels, furniture, and equipment.

AB43,,3266 (b) The exemption under par. (a) does not apply to all of the following:

AB43,,3267 1. Property qualifying as real property under s. 70.03.

AB43,,3268 2. Property assessed as real property under s. 70.17 (3).

AB43,,3269 3. Property subject to taxation under s. 76.025 (2).

AB43,,3270 (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.

AB43,1290 Section 1290. 70.13 (1) of the statutes is amended to read:

AB43,,3272 70.13 (1) All For assessments made before January 1, 2024, 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).

AB43,1291 Section 1291. 70.13 (2) of the statutes is amended to read:

AB43,,3274 70.13 (2) Saw For assessments made before January 1, 2024, 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.

AB43,1292 Section 1292. 70.13 (3) of the statutes is amended to read:

AB43,,3276 70.13 (3) On For assessments made before January 1, 2024, 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.

AB43,1293 Section 1293. 70.13 (7) of the statutes is amended to read:

AB43,,3278 70.13 (7) Saw For assessments made before January 1, 2024, 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.

AB43,1294 Section 1294. 70.15 (2) of the statutes is amended to read:

AB43,,3280 70.15 (2) The owner of any steam vessel, barge, boat, or other water craft, hailing from any port of this state, “and so employed regularly in interstate traffic,” desiring to comply with the terms of this section, shall annually, on or before the first day of January, file with the clerk of such town, village, or city a verified statement, in writing, containing the name, port of hail, tonnage, and name of owner of such steam vessel, barge, boat, or other water craft, and shall thereupon pay into the said treasury of such town, village, or city a sum equal to one cent per net ton of the registered tonnage of said vessel, and the treasurer shall thereupon issue a receipt. All vessels, boats, or other water craft not regularly employed in interstate traffic and all private yachts or pleasure boats belonging to inhabitants of this state, whether at home or abroad, shall be taxed as personal property for taxes levied before January 1, 2024.

AB43,1295 Section 1295. 70.17 (1) of the statutes is amended to read:

AB43,,3282 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 on leased lands may be assessed either as real property or personal property.

AB43,1296 Section 1296. 70.17 (3) of the statutes is created to read:

AB43,,3284 70.17 (3) Beginning with the property tax assessments applicable to the January 1, 2024, assessment year, the following shall be assessed as real property:

AB43,,3285 (a) Manufactured and mobile homes under s. 70.043 (1) or (2), not otherwise exempt from taxation under this chapter.

AB43,,3286 (b) Advertising signs except those qualifying as personal property under s. 70.04 (3).

AB43,,3287 (c) Buildings, improvements, and fixtures on leased lands.

AB43,,3288 (d) Buildings, improvements, and fixtures on exempt lands, not otherwise exempt from taxation under this chapter. The assessor may create an assessor’s plat under s. 70.27 for the assessment of taxable buildings, improvements, and fixtures on land not subject to taxation.

AB43,,3289 (e) Buildings, improvements, and fixtures on forest croplands.

AB43,,3290 (f) Buildings, improvements, and fixtures on managed forest lands.

AB43,1297 Section 1297. 70.17 (4) of the statutes is created to read:

AB43,,3292 70.17 (4) For purposes of sub. (3), buildings, improvements, and fixtures do not include personal property defined under s. 70.04 (3).

AB43,1298 Section 1298. 70.174 of the statutes is amended to read:

AB43,,3294 70.174 Improvements on government-owned land. Improvements made by any person on land within this state owned by the United States may shall be assessed either as real or personal property to the person making the same, if ascertainable, and otherwise to the occupant thereof or the person receiving benefits therefrom as provided under s. 70.17 (3).

AB43,1299 Section 1299. 70.18 of the statutes is amended to read:

AB43,,3296 70.18 Personal property, to whom assessed. (1) Personal For assessments made before January 1, 2024, personal property shall be assessed to the owner thereof, except that when it is in the charge or possession of some person other than the owner it may be assessed to the person so in charge or possession of the same. Telegraph and telephone poles, posts, railroad ties, lumber, and all other manufactured forest products shall be deemed to be in the charge or possession of the person in occupancy or possession of the premises upon which the same shall be stored or piled, and the same shall be assessed to such person, unless the owner or some other person residing in the same assessment district, shall be actually and actively in charge and possession thereof, in which case it shall be assessed to such resident owner or other person so in actual charge or possession; but nothing contained in this subsection shall affect or change the rules prescribed in s. 70.13 respecting the district in which such property shall be assessed.

AB43,,3297 (2) Goods For assessments made before January 1, 2024, goods, wares, and merchandise in storage in a commercial storage warehouse or on a public wharf shall be assessed to the owner thereof and not to the warehouse or public wharf, if the operator of the warehouse or public wharf furnishes to the assessor the names and addresses of the owners of all goods, wares, and merchandise not exempt from taxation.

AB43,1300 Section 1300. 70.19 of the statutes is amended to read:

AB43,,3299 70.19 Assessment, how made; liability and rights of representative. (1) When For assessments made before January 1, 2024, when personal property is assessed under s. 70.18 (1) to a person in charge or possession of the personal property other than the owner, the assessment of that personal property shall be entered upon the assessment roll separately from the assessment of that person’s own personal property, adding to the person’s name upon the tax roll words briefly indicating that the assessment is made to the person as the person in charge or possession of the property. The failure to enter the assessment separately or to indicate the representative capacity or other relationship of the person assessed shall not affect the validity of the assessment.

AB43,,3300 (2) The For assessments made before January 1, 2024, the person assessed under sub. (1) and s. 70.18 (1) is personally liable for the tax on the property. The person assessed under sub. (1) and s. 70.18 (1) has a personal right of action against the owner of the property for the amount of the taxes; has a lien for that amount upon the property with the rights and remedies for the preservation and enforcement of that lien as provided in ss. 779.45 and 779.48; and is entitled to retain possession of the property until the owner of the property pays the tax on the property or reimburses the person assessed for the tax. The lien and right of possession relate back and exist from the time that the assessment is made, but may be released and discharged by giving to the person assessed such undertaking or other indemnity as the person accepts or by giving the person assessed a bond in the amount and with the sureties as is directed and approved by the circuit court of the county in which the property is assessed, upon 8 days’ notice to the person assessed. The bond shall be conditioned to hold the person assessed free and harmless from all costs, expense, liability, or damage by reason of the assessment.

AB43,1301 Section 1301. 70.20 of the statutes is amended to read:

AB43,,3302 70.20 Owner’s liability when personalty assessed to another; action to collect. (1) When For assessments made before January 1, 2024, when personal property shall be assessed to some person in charge or possession thereof, other than the owner, such owner as well as the person so in charge or possession shall be liable for the taxes levied pursuant to such assessment; and the liability of such owner may be enforced in a personal action as for a debt. Such action may be brought in the name of the town, city or village in which such assessment was made, if commenced before the time fixed by law for the return of delinquent taxes, by direction of the treasurer or tax collector of such town, city or village. If commenced after such a return, it shall be brought in the name of the county or other municipality to the treasurer or other officer of which such return shall be made, by direction of such treasurer or other officer. Such action may be brought in any court of this state having jurisdiction of the amount involved and in which jurisdiction may be obtained of the person of such owner or by attachment of the property of such owner.