1 | 1 | | LRB-2187/1 |
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2 | 2 | | JK:amn&cjs |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 292 |
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5 | 5 | | May 25, 2023 - Introduced by Representatives ALLEN, BINSFELD, BODDEN, |
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6 | 6 | | BRANDTJEN, EDMING, GREEN, GUNDRUM, MOSES, MURPHY, O'CONNOR, |
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7 | 7 | | ORTIZ-VELEZ, PALMERI, RETTINGER, SCHRAA and SHANKLAND, cosponsored by |
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8 | 8 | | Senators QUINN, FEYEN, STROEBEL and TOMCZYK. Referred to Committee on |
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9 | 9 | | Housing and Real Estate. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to amend 70.365 of the statutes; relating to: sending notice of changed |
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12 | 12 | | assessment by email. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | Under current law, if a person's property tax assessment has changed from the |
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15 | 15 | | previous year's assessment, the assessor is required to provided a notice of changed |
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16 | 16 | | assessment to the taxpayer by ordinary mail at least 15 days before the meeting of |
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17 | 17 | | the board of review or board of assessors so that the taxpayer has sufficient notice |
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18 | 18 | | to file an objection to the assessment. This bill requires the assessor to also send the |
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19 | 19 | | notice by email if the taxpayer's email has been filed with the assessor. In addition, |
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20 | 20 | | the bill requires that the assessor send the notice of changed assessment 30 days, |
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21 | 21 | | rather than 15 days, prior to the meeting of the board of review or board of assessors. |
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22 | 22 | | For further information see the local fiscal estimate, which will be printed as |
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23 | 23 | | an appendix to this bill. |
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24 | 24 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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25 | 25 | | enact as follows: |
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26 | 26 | | SECTION 1. 70.365 of the statutes is amended to read: |
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27 | 27 | | 70.365 Notice of changed assessment. When the assessor assesses any |
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28 | 28 | | taxable real property, or any improvements taxed as personal property under s. 77.84 |
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33 | 33 | | 5 - 2 -2023 - 2024 Legislature LRB-2187/1 |
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34 | 34 | | JK:amn&cjs |
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35 | 35 | | SECTION 1 ASSEMBLY BILL 292 |
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36 | 36 | | (1), and arrives at a different total than the assessment of it for the previous year, |
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37 | 37 | | the assessor shall notify the person assessed if the physical or email address of the |
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38 | 38 | | person is known to the assessor, otherwise the occupant of the property. However, |
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39 | 39 | | the assessor is not required to provide notice under this section if land is classified |
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40 | 40 | | as agricultural land, as defined in s. 70.32 (2) (c) 1g., for the current year and previous |
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41 | 41 | | year and the difference between the assessments is $500 or less. If the assessor |
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42 | 42 | | determines that land assessed under s. 70.32 (2r) for the previous year is no longer |
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43 | 43 | | eligible to be assessed under s. 70.32 (2r), and the current classification under s. |
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44 | 44 | | 70.32 (2) (a) is not undeveloped, agricultural forest, productive forest land, or other, |
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45 | 45 | | the assessor shall notify the person assessed if the assessor knows the person's |
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46 | 46 | | physical or email address, or otherwise the occupant of the property, that the person |
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47 | 47 | | assessed may be subject to a conversion charge under s. 74.485. Any notice issued |
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48 | 48 | | under this section shall be in writing and shall be sent by ordinary mail and by email, |
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49 | 49 | | if an email address is filed with the assessor, at least 15 30 days before the meeting |
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50 | 50 | | of the board of review or before the meeting of the board of assessors in 1st class cities |
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51 | 51 | | and in 2nd class cities that have a board of assessors under s. 70.075, except that, in |
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52 | 52 | | any year in which the taxation district conducts a revaluation under s. 70.05, the |
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53 | 53 | | notice shall be sent at least 30 days before the meeting of the board of review or board |
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54 | 54 | | of assessors. The notice shall contain the amount of the changed assessment and the |
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55 | 55 | | time, date, and place of the meeting of the local board of review or of the board of |
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56 | 56 | | assessors. The notice shall also include the following: “Under Wisconsin law, |
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57 | 57 | | generally, the assessor may not change the assessment of property based solely on |
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58 | 58 | | the recent arm's length sale of the property without adjusting the assessed value of |
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59 | 59 | | comparable properties in the same market area. For information on the assessment |
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60 | 60 | | of properties that have recently sold, visit the Internet site of the Department of |
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85 | 85 | | 25 - 3 -2023 - 2024 Legislature |
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86 | 86 | | LRB-2187/1 |
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87 | 87 | | JK:amn&cjs |
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88 | 88 | | SECTION 1 |
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89 | 89 | | ASSEMBLY BILL 292 |
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90 | 90 | | Revenue at ... (Internet site address).” However, if the assessment roll is not |
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91 | 91 | | complete, the notice shall be sent by ordinary mail and by email, if an email address |
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92 | 92 | | is filed with the assessor, at least 15 30 days prior to the date to which the board of |
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93 | 93 | | review or board of assessors has adjourned, except that, in any year in which the |
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94 | 94 | | taxation district conducts a revaluation under s. 70.05, the notice shall be sent at |
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95 | 95 | | least 30 days prior to the date to which the board of review or board of assessors has |
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96 | 96 | | adjourned. The assessor shall attach to the assessment roll a statement that the |
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97 | 97 | | notices required by this section have been mailed and emailed, if the email address |
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98 | 98 | | is filed with the assessor, and failure to receive the notice shall not affect the validity |
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99 | 99 | | of the changed assessment, the resulting changed tax, the procedures of the board |
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100 | 100 | | of review or of the board of assessors or the enforcement of delinquent taxes by |
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101 | 101 | | statutory means. After the person assessed or the occupant of the property receives |
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102 | 102 | | notice under this section, if the assessor changes the assessment as a result of the |
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103 | 103 | | examination of the rolls as provided in s. 70.45 and the person assessed waives, in |
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104 | 104 | | writing and on a form prescribed or approved by the department of revenue, the |
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105 | 105 | | person's right to the notice of the changed assessment under this section, no |
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106 | 106 | | additional notice is required under this section. The secretary of revenue shall |
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107 | 107 | | prescribe the form of the notice required under this section. The form shall include |
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108 | 108 | | information notifying the taxpayer of the procedures to be used to object to the |
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109 | 109 | | assessment. The form shall also indicate whether the person assessed may be |
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110 | 110 | | subject to a conversion charge under s. 74.485. |
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111 | 111 | | (END) |
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