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JK:amn&skw
2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 691
January 30, 2020 - Offered by Representative Brooks.
AB691-ASA1,1,3 1An Act to amend 70.365 of the statutes; relating to: notice that an assessor is
2prohibited from changing the valuation of property based solely on a recent sale
3of the property.
Analysis by the Legislative Reference Bureau
Current law requires that, to determine a property's value for property tax
purposes, the assessor consider recent arm's-length sales of the property to be
assessed if according to professionally acceptable appraisal practices those sales
conform to recent arm's-length sales of reasonably comparable property. Current
law, generally, prohibits an assessor from changing the assessed value of a property
based solely on the recent arm's-length sale of the property unless the change in
assessed value corrects a previous assessment based on incorrect information about
the physical characteristics of the property.
This bill requires that an assessor's notice of changed assessment to a property
owner include language that specifies that the assessor may not change the
assessment of property based solely on the recent arm's length sale of the property

without adjusting the assessed value of comparable properties in the same market
area.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB691-ASA1,1 1Section 1 . 70.365 of the statutes, as affected by 2019 Wisconsin Act 2, is
2amended to read:
AB691-ASA1,4,2 370.365 Notice of changed assessment. When the assessor assesses any
4taxable real property, or any improvements taxed as personal property under s. 77.84
5(1), and arrives at a different total than the assessment of it for the previous year,
6the assessor shall notify the person assessed if the address of the person is known
7to the assessor, otherwise the occupant of the property. However, the assessor is not
8required to provide notice under this section if land is classified as agricultural land,
9as defined in s. 70.32 (2) (c) 1g., for the current year and previous year and the
10difference between the assessments is $500 or less. If the assessor determines that
11land assessed under s. 70.32 (2r) for the previous year is no longer eligible to be
12assessed under s. 70.32 (2r), and the current classification under s. 70.32 (2) (a) is not
13undeveloped, agricultural forest, productive forest land, or other, the assessor shall
14notify the person assessed if the assessor knows the person's address, or otherwise
15the occupant of the property, that the person assessed may be subject to a conversion
16charge under s. 74.485. Any notice issued under this section shall be in writing and
17shall be sent by ordinary mail at least 15 days before the meeting of the board of
18review or before the meeting of the board of assessors in 1st class cities and in 2nd
19class cities that have a board of assessors under s. 70.075, except that, in any year
20in which the taxation district conducts a revaluation under s. 70.05, the notice shall
21be sent at least 30 days before the meeting of the board of review or board of

1assessors. The notice shall contain the amount of the changed assessment and the
2time, date, and place of the meeting of the local board of review or of the board of
3assessors. The notice shall also include the following: “ Under Wisconsin law,
4generally, the assessor may not change the assessment of property based solely on
5the recent arm's length sale of the property without adjusting the assessed value of
6comparable properties in the same market area. For information on the assessment
7of properties that have recently sold, visit the Internet site of the Department of
8Revenue at ... (Internet site address).”
However, if the assessment roll is not
9complete, the notice shall be sent by ordinary mail at least 15 days prior to the date
10to which the board of review or board of assessors has adjourned, except that, in any
11year in which the taxation district conducts a revaluation under s. 70.05, the notice
12shall be sent at least 30 days prior to the date to which the board of review or board
13of assessors has adjourned. The assessor shall attach to the assessment roll a
14statement that the notices required by this section have been mailed and failure to
15receive the notice shall not affect the validity of the changed assessment, the
16resulting changed tax, the procedures of the board of review or of the board of
17assessors or the enforcement of delinquent taxes by statutory means. After the
18person assessed or the occupant of the property receives notice under this section,
19if the assessor changes the assessment as a result of the examination of the rolls as
20provided in s. 70.45 and the person assessed waives, in writing and on a form
21prescribed or approved by the department of revenue, the person's right to the notice
22of the changed assessment under this section, no additional notice is required under
23this section. The secretary of revenue shall prescribe the form of the notice required
24under this section. The form shall include information notifying the taxpayer of the

1procedures to be used to object to the assessment. The form shall also indicate
2whether the person assessed may be subject to a conversion charge under s. 74.485.
AB691-ASA1,2 3Section 2. Initial applicability.
AB691-ASA1,4,44 (1) This act first applies to the property tax assessments as of January 1, 2021.
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