AB470,1,3 1An Act to amend 70.365, 74.485 (title), 74.485 (2) (intro.), 74.485 (4) (a), 74.485
2(4) (b), 74.485 (5), 74.485 (6), 74.485 (7) (b), 74.485 (8) and 74.485 (9) of the
3statutes; relating to: the penalty for converting agricultural land.
Analysis by the Legislative Reference Bureau
Under current law, a person who owns land that has been assessed, for property
tax purposes, as agricultural land and who converts the land's use so that the land
may not be assessed as agricultural land must pay a penalty to the county in which
the land is located. This bill changes the term "penalty" to "conversion charge," as
it relates to the amount that a taxpayer pays for converting agricultural land. Under
the bill, if the taxation district assessor determines that land assessed as
agricultural land for the previous year is no longer eligible to be assessed as
agricultural land, the assessor must notify the property owner, in writing, that the
property owner may be subject to a conversion charge.
For further information see the 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:
AB470, s. 1 4Section 1. 70.365 of the statutes is amended to read:
AB470,2,25
170.365 Notice of changed assessment. When the assessor assesses any
2taxable real property, or any improvements taxed as personal property under s. 77.84
3(1), and arrives at a different total than the assessment of it for the previous year,
4the assessor shall notify the person assessed if the address of the person is known
5to the assessor, otherwise the occupant of the property. The If the assessor
6determines that land assessed under s. 70.32 (2r) for the previous year is no longer
7eligible to be assessed under s. 70.32 (2r), the assessor shall notify the person
8assessed if the assessor knows the person's address, or otherwise the occupant of the
9property, that the person assessed may be subject to a conversion charge under s.
1074.485. Any
notice issued under this section shall be in writing and shall be sent by
11ordinary mail at least 15 days before the meeting of the board of review or before the
12meeting of the board of assessors in 1st class cities and in 2nd class cities that have
13a board of assessors under s. 70.075 and shall contain the amount of the changed
14assessment and the time, date, and place of the meeting of the local board of review
15or of the board of assessors. However, if the assessment roll is not complete, the
16notice shall be sent by ordinary mail at least 15 days prior to the date to which the
17board of review has adjourned. The assessor is not required to send a notice under
18this section if the assessor and the taxpayer agree in writing to the assessment.
The
19assessor shall attach to the assessment roll a statement that the notices required by
20this section have been mailed and failure to receive the notice shall not affect the
21validity of the changed assessment, the resulting changed tax, the procedures of the
22board of review or of the board of assessors or the enforcement of delinquent taxes
23by statutory means. The secretary of revenue shall by rule prescribe the form of the
24notice required under this section. The form shall include information notifying the
25taxpayer of the procedures to be used to object to the assessment.
AB470, s. 2
1Section 2. 74.485 (title) of the statutes is amended to read:
AB470,3,2 274.485 (title) Penalty Charge for converting agricultural land.
AB470, s. 3 3Section 3. 74.485 (2) (intro.) of the statutes is amended to read:
AB470,3,154 74.485 (2) Penalty Conversion charge. (intro.) Except as provided in sub. (4),
5a person who owns land that has been assessed as agricultural land under s. 70.32
6(2r) and who converts the land's use so that the land is not eligible to be assessed as
7agricultural land under s. 70.32 (2r), as determined by the assessor of the taxation
8district in which the land is located, shall pay a penalty conversion charge to the
9county in which the land is located in an amount, calculated by the county treasurer,
10that is equal to the number of acres converted multiplied by the amount of the
11difference between the average fair market value of an acre of agricultural land sold
12in the county in the year before the year that the person converts the land, as
13determined under sub. (3), and the average equalized value of an acre of agricultural
14land in the county in the year before the year that the person converts the land, as
15determined under sub. (3), multiplied by the following:
AB470, s. 4 16Section 4. 74.485 (4) (a) of the statutes is amended to read:
AB470,3,2417 74.485 (4) (a) A person who owns land that has been assessed as agricultural
18land under s. 70.32 (2r) and who converts the land's use so that the land is not eligible
19to be assessed as agricultural land under s. 70.32 (2r) is not subject to a penalty
20conversion charge under sub. (2) if the converted land may be assessed as
21undeveloped under s. 70.32 (2) (a) 5., as agricultural forest under s. 70.32 (2) (a) 5m.,
22as productive forest land under s. 70.32 (2) (a) 6., or as other under s. 70.32 (2) (a) 7.
23or if the amount of the penalty conversion charge determined under sub. (2)
24represents less than $25 for each acre of converted land.
AB470, s. 5 25Section 5. 74.485 (4) (b) of the statutes is amended to read:
AB470,4,12
174.485 (4) (b) If a person owes a penalty conversion charge under sub. (2), the
2treasurer of the county in which the person's land is located may defer payment of
3the penalty conversion charge to the succeeding taxable year if the person
4demonstrates to the assessor of the taxation district in which the land is located that
5the person's land will be used as agricultural land in the succeeding taxable year.
6A person who receives a deferral under this paragraph is not subject to the penalty
7conversion charge under sub. (2) related to the deferral, if the person's land is used
8as agricultural land in the succeeding taxable year. If the land of a person who
9receives a deferral under this paragraph is not used as agricultural land in the
10succeeding taxable year, the person shall pay the penalty conversion charge with
11interest at the rate of 1% a month, or fraction of a month, from the date that the
12treasurer granted a deferral to the date that the penalty conversion charge is paid.
AB470, s. 6 13Section 6. 74.485 (5) of the statutes is amended to read:
AB470,4,2314 74.485 (5) Payment. Except as provided in sub. (4), a person who owes a penalty
15conversion charge under sub. (2) shall pay the penalty conversion charge to the
16county in which the person's land related to the penalty conversion charge is located
17no later than 30 days after the date that the penalty conversion charge is assessed.
18A penalty conversion charge that is not paid on the date it is due is considered
19delinquent and shall be paid with interest at the rate of 1% a month, or fraction of
20a month, from the date that the penalty conversion charge is assessed to the date that
21the penalty conversion charge is paid. The county shall collect an unpaid penalty
22conversion charge as a special charge against the land related to the penalty
23conversion charge.
AB470, s. 7 24Section 7. 74.485 (6) of the statutes is amended to read:
AB470,5,12
174.485 (6) Distribution. A county that collects a penalty conversion charge
2under this section shall distribute 50% of the amount of the penalty conversion
3charge
to the taxation district in which the land related to the penalty conversion
4charge
is located. If the land related to the penalty conversion charge is located in
52 or more taxation districts, the county shall distribute 50% of the amount of the
6penalty conversion charge to the taxation districts in proportion to the equalized
7value of the land related to the penalty conversion charge that is located in each
8taxation district. A taxation district shall distribute 50% of any amount it receives
9under this subsection to an adjoining taxation district, if the taxation district in
10which the land related to the penalty conversion charge is located annexed the land
11related to the penalty conversion charge from the adjoining taxation district in either
12of the 2 years preceding a distribution under this subsection.
AB470, s. 8 13Section 8. 74.485 (7) (b) of the statutes is amended to read:
AB470,5,1514 74.485 (7) (b) Whether the person who owns the land and who is selling the land
15has been assessed a penalty conversion charge under sub. (2) related to the land.
AB470, s. 9 16Section 9. 74.485 (8) of the statutes is amended to read:
AB470,5,2217 74.485 (8) Taxation district assessor. The assessors of the taxation districts
18located in the county shall inform the county treasurer and the real property lister
19of all sales of agricultural land located in the county. No later than 15 days after the
20board of review has adjourned, the assessors shall also deliver to the county
21treasurer all information necessary to compute the conversion charges assessed
22under this section.
AB470, s. 10 23Section 10. 74.485 (9) of the statutes is amended to read:
AB470,5,2524 74.485 (9) Administration. The county in which the land as described in sub.
25(1) is located shall administer the penalty conversion charge under this section.
AB470, s. 11
1Section 11. Initial applicability.
AB470,6,22 (1) This act first applies to the property tax assessments as of January 1, 2008.
AB470,6,33 (End)
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