LRB-4144/2
JK:kjf:rs
2007 - 2008 LEGISLATURE
February 29, 2008 - Introduced by Senators Hansen, Cowles, Taylor, Risser,
Darling and Roessler, cosponsored by Representatives Wieckert, Pocan,
Gottlieb, Kreuser, Jeskewitz, Black, Hixson, Musser, Soletski, Jorgensen,
Hilgenberg, Albers, Hraychuck, Hintz, Molepske, Garthwaite, Sheridan,
Seidel, Mason, Nelson and Shilling. Referred to Committee on Judiciary,
Corrections, and Housing.
SB549,1,3
1An Act to amend 77.22 (2) (intro.); and
to repeal and recreate 77.265 of the
2statutes;
relating to: the confidentiality and electronic filing of real estate
3transfer returns.
Analysis by the Legislative Reference Bureau
Under current law, generally, a real estate transfer return filed with a register
of deeds is confidential, except that it may be disclosed to certain local officials and
state agencies for specific purposes. Under this bill, generally, a real estate transfer
return may still be disclosed under certain circumstances, but social security
numbers and telephone numbers contained in the return remain confidential. The
bill also requires that all real estate transfer returns be filed electronically on or after
July 1, 2009, except that the secretary of the Department of Revenue may waive the
requirement if it causes an undue hardship.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB549, s. 1
4Section
1. 77.22 (2) (intro.) of the statutes is amended to read:
SB549,2,55
77.22
(2) (intro.) The secretary of revenue shall prescribe the form required
6under sub. (1).
Forms filed on or after July 1, 2009, shall be filed electronically in the
1manner prescribed by the secretary. The secretary may waive the requirement to file
2electronically if the secretary determines, based on a written application for a waiver,
3that the requirement causes an undue hardship. The form shall include an
4application for a credit under s. 79.10 (5) and shall provide for the submission of the
5following:
SB549, s. 2
6Section
2. 77.265 of the statutes is repealed and recreated to read:
SB549,2,10
777.265 Confidentiality. Grantor and grantee social security numbers and
8grantor and grantee telephone numbers from real estate transfer returns shall be
9confidential, but the returns, and the information contained in the returns, may be
10disclosed as follows:
SB549,2,13
11(1) The department of revenue shall distribute information from the returns
12to local assessors. The local assessors shall maintain the confidentiality of social
13security numbers and telephone numbers from the returns.
SB549,2,21
14(2) The local assessor shall permit the inspection of all returns filed under this
15subchapter for property within any local unit of government for which property taxes
16are levied by the chief elected official, or a person designated by the official, of that
17unit upon the adoption of a resolution by the governing body of the unit directing the
18official to inspect the returns for the purpose of reviewing the basis upon which
19equalized values were established by the department of revenue under s. 70.57, and
20the official or designee shall maintain the confidentiality of grantor and grantee
21social security numbers and telephone numbers from the returns.
SB549,2,25
22(3) The returns may be used in any proceeding involving the requisite amount
23of the fee and may be produced in any proceeding subject to a valid subpoena or court
24order, but the court, or adjudicating agency, and the parties shall maintain the
25confidentially of social security numbers and telephone numbers from the returns.
SB549,3,3
1(4) The department of workforce development may use the returns under s.
2106.50, but shall maintain the confidentiality of social security numbers and
3telephone numbers from the returns.
SB549,3,7
4(5) The department of revenue, county real property listers under s. 70.09, and
5local assessors and their employees and agents may use the returns, but shall
6maintain the confidentiality of social security numbers and telephone numbers from
7the returns.
SB549,3,10
8(6) Governmental agencies that acquire real property for public purposes, or
9that administer taxes, may use the returns, but shall maintain the confidentiality
10of social security numbers and telephone numbers from the returns.
SB549,3,14
11(7) In a condemnation proceeding or in an appeal of an assessment of real
12property, the property owners and the owners' agents may inspect the returns after
13signing a written agreement to maintain the confidentiality of social security
14numbers and telephone numbers from the returns inspected.
SB549,3,17
15(8) A county may use the returns to develop a tract index, but shall maintain
16the confidentiality of social security numbers and telephone numbers from the
17returns.
SB549,3,20
18(9) The department of revenue may make available to the public all
19information obtained from the returns except social security numbers and telephone
20numbers from the returns.
