LRBs0175/1
JK:jld:jf
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2009 ASSEMBLY BILL 159
October 28, 2009 - Offered by Joint Committee on Finance.
AB159-ASA2,1,4 1An Act to amend 74.23 (1) (a) 4., 74.23 (1) (a) 5., 74.25 (1) (a) 4., 74.25 (1) (a) 4m.,
274.30 (1) (d), 74.30 (1) (dm) and 74.42 (1); and to create 74.315 of the statutes;
3relating to: the charge-back of refunded or rescinded taxes and of personal
4property taxes and sharing certain collected taxes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB159-ASA2, s. 1 5Section 1. 74.23 (1) (a) 4. of the statutes is amended to read:
AB159-ASA2,1,76 74.23 (1) (a) 4. Retain all collections of omitted property taxes under s. 70.44,
7except those subject to sharing under subd. 5
.
AB159-ASA2, s. 2 8Section 2. 74.23 (1) (a) 5. of the statutes is amended to read:
AB159-ASA2,1,119 74.23 (1) (a) 5. Pay to each taxing jurisdiction within the district its
10proportionate share of the taxes and interest under s. 70.995 (12) (a) and the taxes
11under s. 74.315
.
AB159-ASA2, s. 3
1Section 3. 74.25 (1) (a) 4. of the statutes is amended to read:
AB159-ASA2,2,32 74.25 (1) (a) 4. Retain all collections of omitted property taxes under s. 70.44,
3except those subject to sharing under subd. 4m
.
AB159-ASA2, s. 4 4Section 4. 74.25 (1) (a) 4m. of the statutes is amended to read:
AB159-ASA2,2,75 74.25 (1) (a) 4m. Pay to each taxing jurisdiction within the district its
6proportionate share of the taxes and interest under s. 70.995 (12) (a) and the taxes
7under s. 74.315
.
AB159-ASA2, s. 5 8Section 5. 74.30 (1) (d) of the statutes is amended to read:
AB159-ASA2,2,109 74.30 (1) (d) Retain all collections of omitted property taxes under s. 70.44,
10except those subject to sharing under par. (dm)
.
AB159-ASA2, s. 6 11Section 6. 74.30 (1) (dm) of the statutes is amended to read:
AB159-ASA2,2,1412 74.30 (1) (dm) Pay to each taxing jurisdiction within the district its
13proportionate share of the taxes and interest under s. 70.995 (12) (a) and the taxes
14under s. 74.315
.
AB159-ASA2, s. 7 15Section 7. 74.315 of the statutes is created to read:
AB159-ASA2,2,20 1674.315 Omitted property. (1) Submission. No later than October 1 of each
17year, the taxation district clerk shall submit to the department of revenue, on a form
18prescribed by the department, a listing of all the omitted taxes under s. 70.44 to be
19included on the taxation district's next tax roll, if the total of all such taxes exceeds
20$5,000.
AB159-ASA2,2,25 21(2) Equalized valuation. After receiving the form under sub. (1), but no later
22than November 15, the department of revenue shall determine the amount of any
23change in the taxation district's equalized valuation that results from considering
24the valuation represented by the taxes described under sub. (1). The department's
25determination under this subsection is subject to review only under s. 227.53.
AB159-ASA2,3,5
1(3) Notice and distribution. If the department of revenue determines under
2sub. (2) that the taxation district's equalized valuation changed as a result of
3considering the valuation represented by the taxes described under sub. (1), the
4department shall notify the taxation district and the taxation district shall distribute
5the resulting collections under ss. 74.23 (1) (a) 5., 74.25 (1) (a) 4m., and 74.30 (1) (dm).
AB159-ASA2, s. 8 6Section 8. 74.42 (1) of the statutes is amended to read:
AB159-ASA2,3,197 74.42 (1) Charge back. No earlier than February 2 and no later than April 1,
8the taxation district treasurer may charge back to each taxing jurisdiction within the
9taxation district, except this state, its proportionate share of those personal property
10taxes for which the taxation district settled in full the previous February year, which
11were delinquent at the time of settlement, which have not been collected in the
12intervening year, and which remain delinquent, if the taxes are owed by an entity
13that has ceased operations, or filed a petition for bankruptcy, or are due on personal
14property that has been removed from the next assessment roll
. At the same time,
15if there are charge-backs, the taxation district treasurer shall charge back to the
16county the state's proportionate share of those taxes. Within 30 days No later than
17the first May 1
after receipt of a notice of a charge-back, the taxing jurisdiction shall
18pay to the taxation district treasurer the amount due, and the state shall pay to the
19proper county treasurer the amount due.
AB159-ASA2, s. 9 20Section 9. Initial applicability.
AB159-ASA2,3,2321 (1) This act first applies to property tax settlements in January following the
22first October after the effective date of this subsection and to personal property that
23is assessed as of the first January 1 after the effective date of this subsection.
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