Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,635,24 1256. Page 831, line 18: after that line insert:

SB55-ASA1-AA1,636,1 " Section 2193e. 71.47 (5s) of the statutes is created to read:

SB55-ASA1-AA1,636,3 71.47 (5s) Conservation land, conservation easement tax credit. (a) Definitions. In this subsection:

SB55-ASA1-AA1,636,4 1. "Claimant" means a person who files a claim under this subsection.

SB55-ASA1-AA1,636,5 2. "Conservation easement" has the meaning given in s. 700.40 (1) (a).

SB55-ASA1-AA1,636,9 3. "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing, or an instrumentality of the state and any of the foregoing.

SB55-ASA1-AA1,636,11 4. "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

SB55-ASA1-AA1,636,13 5. "Qualified appraisal" means any appraisal meeting the requirements of the regulations prescribed under section 170 (a) (1) of the Internal Revenue Code.

SB55-ASA1-AA1,636,15 6. "Qualified conservation contribution" has the meaning given in section 170 (h) of the Internal Revenue Code.

SB55-ASA1-AA1,636,22 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.43 an amount equal to 50% of the value, based on a qualified appraisal, of property or a conservation easement, to the extent that the property or easement is a qualified conservation contribution, that is donated to the state, a local governmental unit, or a nonprofit conservation organization in the taxable year in which the donation is made or the easement is granted.

SB55-ASA1-AA1,636,24 (c) Limitations. 1. The maximum credit that a claimant may claim under this subsection in a taxable year is $100,000.

SB55-ASA1-AA1,637,2 2. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB55-ASA1-AA1,637,6 3. Section 71.28 (4) (e) and (f), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection, except that with regard to the carry-over provisions in s. 71.28 (4) (f) the maximum number of years that the credit under this subsection may be carried forward is 10 years.

SB55-ASA1-AA1,637,14 4. Partnerships, limited liability companies, and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on the amount calculated under par. (b). A partnership, limited liability company, or tax-option corporation shall compute the amount of credit that each of its partners, members, or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies, and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

SB55-ASA1-AA1,637,19 (d) Administration. The department of revenue may enforce the credit under this subsection and may take any action, conduct any proceeding, and proceed as it is authorized in respect to taxes under this chapter. The income tax provisions in this chapter relating to assessments, refunds, appeals, collection, interest, and penalties apply to the credit under this subsection.

SB55-ASA1-AA1, s. 2193u Section 2193u. 71.49 (1) (cs) of the statutes is created to read:

SB55-ASA1-AA1,637,22 71.49 (1) (cs) Conservation land, conservation easement tax credit under s. 71.47 (5s).".

SB55-ASA1-AA1,637,23 1257. Page 831, line 23: after that line insert:

SB55-ASA1-AA1,637,24 " Section 2200b. 71.93 (1) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,638,3 71.93 (1) (a) 3. An amount that the department of health and family services may recover under s. 49.45 (2) (a) 10. or 49.497, if the department of health and family services has certified the amount under s. 49.85.".

SB55-ASA1-AA1,638,4 1258. Page 831, line 23: after that line insert:

SB55-ASA1-AA1,638,5 " Section 2195t. 71.59 (1m) of the statutes is amended to read:

SB55-ASA1-AA1,638,10 71.59 (1m) Permitted uses. The designation by the department of natural resources fish, wildlife, parks, and forestry of any farmland in this state, for which a claim under this section may be filed, as part of the ice age trail, under s. 23.17, is a permitted use under a farmland preservation agreement, or a certificate of a zoning authority, under sub. (1) (b).".

SB55-ASA1-AA1,638,11 1259. Page 831, line 23: after that line insert:

SB55-ASA1-AA1,638,12 " Section 2195m. 71.52 (6) of the statutes is amended to read:

SB55-ASA1-AA1,640,7 71.52 (6) "Income" means the sum of Wisconsin adjusted gross income and the following amounts, to the extent not included in Wisconsin adjusted gross income: maintenance payments (except foster care maintenance and supplementary payments excludable under section 131 of the internal revenue code), support money, cash public assistance (not including credit granted under this subchapter and amounts under s. 46.27), cash benefits paid by counties under s. 59.53 (21), the gross amount of any pension or annuity (including railroad retirement benefits, all payments received under the federal social security act and veterans disability pensions), nontaxable interest received from the federal government or any of its instrumentalities, nontaxable interest received on state or municipal bonds, worker's compensation, unemployment insurance, the gross amount of "loss of time" insurance, compensation and other cash benefits received from the United States for past or present service in the armed forces, scholarship and fellowship gifts or income, capital gains, gain on the sale of a personal residence excluded under section 121 of the internal revenue code, dividends, income of a nonresident or part-year resident who is married to a full-year resident, housing allowances provided to members of the clergy, the amount by which a resident manager's rent is reduced, nontaxable income of an American Indian, nontaxable income from sources outside this state and nontaxable deferred compensation. Intangible drilling costs, depletion allowances and depreciation, including first-year depreciation allowances under section 179 of the internal revenue code, amortization, contributions to individual retirement accounts under section 219 of the internal revenue code, contributions to Keogh plans, net operating loss carry-forwards and capital loss carry-forwards deducted in determining Wisconsin adjusted gross income shall be added to "income". "Income" does not include gifts from natural persons, cash reimbursement payments made under title XX of the federal social security act, surplus food or other relief in kind supplied by a governmental agency, the gain on the sale of a personal residence deferred under section 1034 of the internal revenue code or nonrecognized gain from involuntary conversions under section 1033 of the internal revenue code. Amounts not included in adjusted gross income but added to "income" under this subsection in a previous year and repaid may be subtracted from income for the year during which they are repaid. Scholarship and fellowship gifts or income that are included in Wisconsin adjusted gross income and that were added to household income for purposes of determining the credit under this subchapter in a previous year may be subtracted from income for the current year in determining the credit under this subchapter. Interest income received from the installment sale of business, farm, or rental real property which includes a claimant's former homestead, up to the amount of interest that is paid by the claimant on a mortgage to purchase another homestead, may be subtracted from income in determining the credit under this subchapter, except that notwithstanding s. 71.58 (7) (a), this provision does not apply to the definition of "income" under s. 71.58 (7). A marital property agreement or unilateral statement under ch. 766 has no effect in computing "income" for a person whose homestead is not the same as the homestead of that person's spouse.".

SB55-ASA1-AA1,640,9 1260. Page 832, line 7: delete the material beginning with that line and ending on page 833, line 16.

SB55-ASA1-AA1,640,10 1261. Page 833, line 16: after that line insert:

SB55-ASA1-AA1,640,11 " Section 2200w. 73.01 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,640,17 73.01 (3) (a) The time and place of meetings and hearings of the commission shall be designated by the chairperson. Rooms for hearings outside the city of Madison shall be provided under s. 73.07. All hearings held in Milwaukee shall be held in the southeast district office of the department of natural resources fish, wildlife, parks, and forestry. The commission shall maintain permanent hearing rooms in Madison.".

SB55-ASA1-AA1,640,18 1262. Page 836, line 24: after that line insert:

SB55-ASA1-AA1,640,19 " Section 2206d. 73.0301 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,641,3 73.0301 (1) (e) "Licensing department" means the department of administration; the board of commissioners of public lands; the department of commerce; the ethics board; the department of financial institutions; the department of health and family services; the department of natural resources fish, wildlife, parks, and forestry; the department of environmental management; the department of public instruction; the department of regulation and licensing; the department of workforce development; the office of the commissioner of insurance; or the department of transportation.".

SB55-ASA1-AA1,641,4 1263. Page 836, line 24: after that line insert:

SB55-ASA1-AA1,641,5 " Section 2205n. 73.03 (57) of the statutes is created to read:

SB55-ASA1-AA1,641,13 73.03 (57) (1y) To work with the department of natural resources and with the Gathering Waters Conservancy to prepare a report, no later than the first day of the 60th month beginning after the effective date of this subsection .... [revisor inserts date], on the effectiveness of the conservation land, conservation easement tax credit under ss. 71.07 (5s), 71.28 (5), and 71.47 (5s), and to submit the report to the speaker of the assembly and the president of the senate under s. 13.172 (3). The report shall also recommend modifications of the tax credit to encourage conservation donations.".

SB55-ASA1-AA1,641,14 1264. Page 838, line 16: after that line insert:

SB55-ASA1-AA1,641,15 " Section 2222. 74.35 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,641,20 74.35 (3) (c) If the governing body of the taxation district determines that an unlawful tax has been paid and that the claim for recovery of the unlawful tax has complied with all legal requirements, the governing body shall allow the claim. The Except as provided in par. (cm), the taxation district treasurer shall pay the claim not later than 90 days after the claim is allowed.

SB55-ASA1-AA1, s. 2223 Section 2223. 74.35 (3) (cm) of the statutes is created to read:

SB55-ASA1-AA1,642,2 74.35 (3) (cm) A municipality may pay a refund under par. (c) of the taxes on property that is assessed under s. 70.995 in 5 annual installments, each of which except the last is equal to at least 20% of the sum of the refund and the interest on the refund, beginning in the year of the determination under par. (c), if all of the following conditions exist:

SB55-ASA1-AA1,642,4 1. The municipality's property tax levy for its general operations for the year for which the taxes to be refunded are due is less than $100,000,000.

SB55-ASA1-AA1,642,6 2. The refund is at least 0.0025% of the municipality's levy for its general operations for the year for which the taxes to be refunded are due.

SB55-ASA1-AA1,642,7 3. The refund is more than $10,000.

SB55-ASA1-AA1, s. 2223d Section 2223d. 74.35 (4) of the statutes is amended to read:

SB55-ASA1-AA1,642,12 74.35 (4) Interest. The amount of a claim filed under sub. (2) or an action commenced under sub. (3) may include interest computed from the date of filing the claim against the taxation district, at the rate of 0.8% per month , except as provided under s. 70.511 (2) (b).

SB55-ASA1-AA1, s. 2224 Section 2224. 74.37 (3) (c) of the statutes is amended to read:

SB55-ASA1-AA1,642,19 74.37 (3) (c) If the governing body of the taxation district or county that has a county assessor system determines that a tax has been paid which was based on an excessive assessment, and that the claim for an excessive assessment has complied with all legal requirements, the governing body shall allow the claim. The Except as provided in par. (cm), the taxation district or county treasurer shall pay the claim not later than 90 days after the claim is allowed.

SB55-ASA1-AA1, s. 2225 Section 2225. 74.37 (3) (cm) of the statutes is created to read:

SB55-ASA1-AA1,642,25 74.37 (3) (cm) A municipality may pay a refund under par. (c) of the taxes on property that is assessed under s. 70.995 in 5 annual installments, each of which except the last is equal to at least 20% of the sum of the refund and the interest on the refund, beginning in the year of the determination under par. (c), if all of the following conditions exist:

SB55-ASA1-AA1,643,2 1. The municipality's property tax levy for its general operations for the year for which the taxes to be refunded are due is less than $100,000,000.

SB55-ASA1-AA1,643,4 2. The refund is at least 0.0025% of the municipality's levy for its general operations for the year for which the taxes to be refunded are due.

SB55-ASA1-AA1,643,5 3. The refund is more than $10,000.

SB55-ASA1-AA1, s. 2225g Section 2225g. 74.37 (5) of the statutes is amended to read:

SB55-ASA1-AA1,643,10 74.37 (5) Interest. The amount of a claim filed under sub. (2) or an action commenced under sub. (3) may include interest computed from the date of filing the claim against the taxation district, at the rate of 0.8% per month , except as provided under s. 70.511 (2) (b).".

SB55-ASA1-AA1,643,11 1265. Page 838, line 18: after that line insert:

SB55-ASA1-AA1,643,12 " Section 2227p. 75.105 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,643,14 75.105 (1) (a) "Department" means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2227t Section 2227t. 75.106 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,643,17 75.106 (1) (b) "Department" means the department of natural resources environmental management.".

SB55-ASA1-AA1,643,18 1266. Page 838, line 25: after that line insert:

SB55-ASA1-AA1,643,19 " Section 2231m. 76.02 (6m) of the statutes is created to read:

SB55-ASA1-AA1,643,22 76.02 (6m) "Repair facility" means property on which a roundhouse, a repair shop, and a turntable are located and at which railcars and locomotives are built, maintained, and repaired.

SB55-ASA1-AA1, s. 2232d Section 2232d. 76.16 of the statutes is amended to read:

SB55-ASA1-AA1,644,16 76.16 Separate valuation of repair facilities, docks, piers, wharves, ore yards, elevators, car ferries and pipeline terminal facilities. After the property of a company is first valued as a whole, if any repair facilities, docks, ore yards, piers, wharves, grain elevators or car ferries used in transferring freight or passengers between cars and vessels or transfer of freight cars located on car ferries, or if any terminal storage facilities, docks, pipelines and pumping equipment used in transferring oil from pipelines to vessels shall be included in such valuation, then for the purpose of accounting to the proper taxation districts, the department shall make a separate valuation of each such repair facility, dock, ore yard, pier, wharf, grain elevator, including the approaches thereto, or car ferries and of each such terminal storage facility, dock, pipeline and pumping equipment. As used herein, an approach shall be an immediate access facility commencing at the switching point which leads primarily to the terminal facility. For the purpose of defining the pipeline terminal facilities affected by this section, such facilities shall begin where the incoming pipeline enters the terminal storage facility site used in the transfer of oil to vessels.

SB55-ASA1-AA1, s. 2232m Section 2232m. 76.24 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,644,25 76.24 (2) (a) All taxes paid by any railroad company derived from or apportionable to repair facilities, docks, ore yards, piers, wharves, grain elevators, and their approaches, or car ferries or terminal storage facilities, docks, pipelines and pumping equipment used in transferring oil from pipelines to vessels on the basis of the separate valuation provided for in s. 76.16, shall be distributed annually from the transportation fund to the towns, villages and cities in which they are located, pursuant to certification made by the department of revenue on or before August 15.".

SB55-ASA1-AA1,645,1 1267. Page 838, line 25: after that line insert:

SB55-ASA1-AA1,645,2 " Section 2232m. 76.24 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,645,10 76.24 (2) (a) All taxes paid by any railroad company derived from or apportionable to docks, ore yards, piers, wharves, grain elevators, and their approaches, or car ferries or terminal storage facilities, docks, pipelines and pumping equipment used in transferring oil from pipelines to vessels on the basis of the separate valuation provided for in s. 76.16, shall be distributed annually from the public transportation account in the transportation fund to the towns, villages and cities in which they those facilities are located, pursuant to certification made by the department of revenue on or before August 15.".

SB55-ASA1-AA1,645,11 1268. Page 842, line 4: after that line insert:

SB55-ASA1-AA1,645,12 " Section 2236p. 76.39 (2) of the statutes is amended to read:

SB55-ASA1-AA1,645,17 76.39 (2) There is levied annually a gross earnings tax in lieu of all property taxes on the car line equipment of a car line company equal to 3% 2.5% of the gross earnings in this state. Every railroad company operating in this state shall, upon making payment to each car line company for use of its cars, withhold 3% 2.5% of the amount constituting the gross earnings in this state of such car line company.".

SB55-ASA1-AA1,645,18 1269. Page 843, line 5: after that line insert:

SB55-ASA1-AA1,645,19 " Section 2243c. 77.02 of the statutes is amended to read:

SB55-ASA1-AA1,646,8 77.02 Forest croplands. (1) Petition. The owner of an entire quarter quarter section, fractional lot or government lot as determined by U.S. government survey plat, excluding public roads and railroad rights-of-way that may have been sold, may file with the department of natural resources fish, wildlife, parks, and forestry a petition stating that the owner believes the lands therein described are more useful for growing timber and other forest crops than for any other purpose, that the owner intends to practice forestry thereon, that all persons holding encumbrances thereon have joined in the petition and requesting that such lands be approved as "Forest Croplands" under this subchapter. Whenever any such land is encumbered by a mortgage or other indenture securing any issue of bonds or notes, the trustee named in such mortgage or indenture or any amendment thereto may join in such petition, and such action shall for the purpose of this section be deemed the action of all holders of such bonds or notes.

SB55-ASA1-AA1,647,7 (2) Notice of hearing, adjournment. Upon receipt of such petition the department of natural resources fish, wildlife, parks, and forestry shall investigate the same and shall file a listing of descriptions with the town chairperson. For petitions received prior to May 1, the department shall within the same calendar year cause a notice that such petition has been filed to be published as a class 3 notice, under ch. 985, in the newspaper having the largest general circulation in the county in which the lands are located, and notice by registered mail shall be given to the town clerk of any town in which the lands are located. Such notice shall contain the name of the petitioner, a description of the lands and a statement that any resident of or taxpayer in the town may within 15 days from the date of publication of the notice file a request with the department that it conduct a public hearing on the petition. Upon receipt of such a request the department shall conduct a public hearing on the petition. The department may conduct a public hearing on any petition without a request, if it deems it advisable to do so. Notice of the time and place of such hearing and a description, in specific or general terms, as the department deems advisable, of the property requested to be approved as "Forest Croplands" shall be given to persons making the request, the owner of such land and to the assessor of towns in which it is situated, by mail, at least one week before the day of hearing. The notice also shall be published as a class 1 notice, under ch. 985, in a newspaper having general circulation in the county in which such land is located, at least one week before the day of the hearing. Such hearing may be adjourned and no notice of the time and place of such adjourned hearing need be given, excepting the announcement thereof by the presiding officer at the hearing at which the adjournment is had.

SB55-ASA1-AA1,648,6 (3) Decision, copies. After receiving all the evidence offered at any hearing held on the petition and after making such independent investigation as it sees fit the department shall make its findings of fact and make and enter an order accordingly. If it finds that the facts give reasonable assurance that a stand of merchantable timber will be developed on such descriptions within a reasonable time, and that such descriptions are then held permanently for the growing of timber under sound forestry practices, rather than for agricultural, mineral, shoreland development of navigable waters, recreational, residential or other purposes, and that all persons holding encumbrances against such descriptions have in writing agreed to the petition, the order entered shall grant the request of the petitioner on condition that all unpaid taxes against said descriptions be paid within 30 days thereafter; otherwise the department of natural resources fish, wildlife, parks, and forestry shall deny the request of the petitioner. If the request of the petitioner is granted, a copy of such order shall be filed with the department of revenue, the supervisor of equalization and the clerk of each town, and the order shall be recorded with the register of deeds of each county, in which any of the lands affected by the order are located. The register of deeds shall record the entry, transfer or withdrawal of all forest croplands in a suitable manner on the county records. The register of deeds may collect recording fees under s. 59.43 (2) from the owner. Any order of the department relating to the entry of forest croplands issued on or before November 20 of any year shall take effect on January 1 of the following calendar year, but all orders issued after November 20 shall take effect on January 1 of the calendar year following the calendar year in which orders issued on or before November 20 would have been effective.

SB55-ASA1-AA1, s. 2243d Section 2243d. 77.03 of the statutes is amended to read:

SB55-ASA1-AA1,649,7 77.03 Taxation of forest croplands. After the filing and recording of the order with the officers under s. 77.02 (3) the lands described therein shall be "Forest Croplands",," on which taxes shall thereafter be payable only as provided under this subchapter. The enactment of ss. 77.01 to 77.14, petition by the owner and the making of the order under s. 77.02 (3) shall constitute a contract between the state and the owner, running with the lands, for a period of 25 or 50 years at the election of the applicant at the time the petition is filed, unless withdrawn under s. 77.10, with privilege of renewal by mutual agreement between the owner and the state, whereby the state as an inducement to owners and prospective purchasers of forest croplands to come under ss. 77.01 to 77.14 agrees that, unless withdrawn under s. 77.10, no change in or repeal of ss. 77.01 to 77.14 shall apply to any land then accepted as forest croplands, except as the department of natural resources fish, wildlife, parks, and forestry, and the owner may expressly agree in writing and except as provided in s. 77.17. If at the end of the contract period the land is not designated as managed forest land under subch. VI, the merchantable timber on the land shall be estimated by an estimator jointly agreed upon by the department of natural resources fish, wildlife, parks, and forestry and the owner, and if the department and the owner fail to agree on an estimator, the judge of the circuit court of the district in which the lands lie shall appoint a qualified forester, whose estimate shall be final, and the cost thereof shall be borne jointly by the department of natural resources fish, wildlife, parks, and forestry and the owner; and the 10% severance tax paid on the stumpage thereon in the same manner as if the stumpage had been cut. The owners by such contract consent that the public may hunt and fish on the lands, subject to such rules as the department of natural resources fish, wildlife, parks, and forestry prescribes regulating hunting and fishing.

SB55-ASA1-AA1, s. 2243e Section 2243e. 77.04 (2) of the statutes is amended to read:

SB55-ASA1-AA1,649,25 77.04 (2) Tax per acre; payment; penalty. The "acreage share" shall be computed at the rate of 10 cents per acre on all lands entered prior to 1972. On all lands entered after December 31, 1971, the "acreage share" shall be computed every 10 years to the nearest cent by the department of revenue at the rate of 20 cents per acre multiplied by a ratio using the equalized value of the combined residential, commercial, manufacturing, agricultural, swamp, or waste and productive forest land classes under s. 70.32 (2) within the state in 1972 as the denominator, and using equalized value for these combined land classes in 1982 and every 10th year thereafter as the numerator. All owners shall pay to the taxation district treasurer the acreage share on each description on or before January 31. If the acreage share is not paid when due to the taxation district treasurer it shall be subject to interest and penalty as provided under ss. 74.11 (11), 74.12 (10) and 74.47. These lands shall be returned as delinquent and a tax certificate under subch. VII of ch. 74 shall be issued on them. After 2 years from the date of the issuance of a tax certificate, the county clerk shall promptly take a tax deed under ch. 75. On taking such deed the county clerk shall certify that fact and specify the descriptions to the department of natural resources fish, wildlife, parks, and forestry.

SB55-ASA1-AA1, s. 2243f Section 2243f. 77.05 of the statutes is amended to read:

SB55-ASA1-AA1,650,5 77.05 State contribution. The department of natural resources fish, wildlife, parks, and forestry shall pay before June 30 annually to the town treasurer, from the appropriation under s. 20.370 (5) (bv), 20 cents for each acre of land in the town that is described as forest croplands under this subchapter.

SB55-ASA1-AA1, s. 2243g Section 2243g. 77.06 of the statutes is amended to read:

SB55-ASA1-AA1,650,21 77.06 Forestation. (1) Cutting timber regulated. No person shall cut any merchantable wood products on any forest croplands where the forest crop taxes are delinquent nor until 30 days after the owner has filed with the department of natural resources fish, wildlife, parks, and forestry a notice of intention to cut, specifying by descriptions and the estimated amount of wood products to be removed and the proportion of present volume to be left as growing stock in the area to be cut. The department of natural resources fish, wildlife, parks, and forestry may require a bond executed by some surety company licensed in this state or other surety for such amount as may reasonably be required for the payment to the department of natural resources fish, wildlife, parks, and forestry of the severance tax hereinafter provided. The department, after examination of the lands specified, may prescribe the amount of forest products to be removed. Cutting in excess of the amount prescribed shall render the owner liable to double the severance tax prescribed in s. 77.06 (5) and subject to cancellation under s. 77.10. Merchantable wood products include all wood products except wood used for fuel by the owner.

SB55-ASA1-AA1,651,7 (2) Appraisal of timber, zones. Each year the department of natural resources fish, wildlife, parks, and forestry, at the time and place it shall fix and after such public notice as it deems reasonable, shall hold a public hearing. After the hearing the department shall make and file, open to public inspection, a determination of the reasonable stumpage values of the wood products usually grown in the several towns in which any forest croplands lie. A public hearing under this section shall be held prior to August 1 of each year and the determination of stumpage values made by the department of natural resources fish, wildlife, parks, and forestry shall take effect on November 1 of that year. If the department of natural resources fish, wildlife, parks, and forestry finds there is a material variance in the stumpage values in the different localities, it may fix separate zones and determine the values for each zone.

SB55-ASA1-AA1,651,12 (3) Revaluation. As to any locality or zone in which the department of natural resources fish, wildlife, parks, and forestry deems there has been no material variance from the preceding year in stumpage values, it may omit to make any new valuation in any year, in which event the last preceding valuation shall continue in force until changed in a succeeding year.

SB55-ASA1-AA1,651,24 (4) Cutting reported. Within 30 days after completion of cutting on any land description, but not more than one year after filing of the notice of intention to cut, the owner shall transmit to the department of natural resources fish, wildlife, parks, and forestry on forms provided by the department a written statement of the products so cut, specifying the variety of wood, kind of product, and quantity of each variety and kind as shown by the scale or measurement thereof made on the ground as cut, skidded, loaded, delivered, or by tree scale certified by a qualified forester when stumpage is sold by tree measurement. The department of natural resources fish, wildlife, parks, and forestry may accept such reports as sufficient evidence of the facts, or may either with or without hearing and notice of time and place thereof to such owner, investigate and determine the fact of the quantity of each variety and kind of product so cut during said periods preceding such reports.