LRBs0174/1
MGG/JK/RCT:wlj:pg
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 323
October 14, 2003 - Offered by Representative Friske.
AB323-ASA1,2,4
1An Act to repeal 77.82 (2m) (c);
to renumber and amend 26.97, 77.82 (2m) (d),
277.82 (7) (c), 77.88 (2) (d), 77.89 (2) and 77.89 (3);
to amend 20.370 (1) (cr), 74.25
3(1) (a) 6., 74.25 (1) (a) 8., 74.30 (1) (f), 74.30 (1) (h), 75.35 (2) (f) 3., 75.36 (3) (b),
477.81 (4), 77.82 (2m) (a), 77.82 (2m) (b), 77.82 (2m) (e), 77.82 (3) (c) (intro.), 77.82
5(3) (c) 6., 77.82 (4), 77.82 (7) (c) 2., 77.82 (8), 77.82 (12), 77.82 (12), 77.83 (1) (a)
61., 77.84 (2) (a), 77.84 (2) (b), 77.84 (3) (b), 77.87 (3), 77.88 (1) (a), 77.88 (1) (c),
777.88 (2) (am), 77.88 (2) (b), 77.88 (2) (c), 77.88 (2) (f), 77.88 (3), 77.88 (4), 77.88
8(5) (a) 1., 77.88 (5) (a) 2., 77.88 (5) (b) 1., 77.88 (5) (b) 2., 77.88 (7), 77.88 (8) and
977.89 (1);
to repeal and recreate 77.82 (2m) (b); and
to create 15.07 (1) (b)
1023., 15.07 (2) (m), 15.345 (6), 20.370 (1) (cw), 20.370 (1) (cx), 26.97 (2), 77.82 (2)
11(cm), 77.82 (2m) (d) 2., 77.82 (2m) (dm), 77.82 (3) (g), 77.82 (4g), 77.82 (7) (c) 2.,
1277.82 (7) (c) 3., 77.83 (1m), 77.84 (2) (am), 77.84 (2) (bm), 77.84 (2) (cm), 77.87
13(1g), 77.876, 77.88 (1) (am), 77.88 (2) (d) 2., 77.88 (3m), 77.88 (5m) and 77.895
1of the statutes;
relating to: the Managed Forest Land Program, creating a
2managed forest land board, providing funding for grants for land acquisition for
3certain outdoor activities, allowing managed forest land to be located in cities,
4requiring the exercise of rule-making authority, and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB323-ASA1, s. 1
5Section
1. 15.07 (1) (b) 23. of the statutes is created to read:
AB323-ASA1,2,66
15.07
(1) (b) 23. The managed forest land board.
AB323-ASA1,2,98
15.07
(2) (m) The member appointed under s. 15.345 (6) (a) 2. shall serve as
9chairperson of the managed forest land board.
AB323-ASA1,2,1211
15.345
(6) Managed forest land board. (a) There is created in the department
12of natural resources a managed forest land board consisting of:
AB323-ASA1,2,1313
1. The chief state forester or his or her designee.
AB323-ASA1,2,1514
2. One member appointed from a list of 5 nominees submitted by the Wisconsin
15Counties Association.
AB323-ASA1,2,1716
3. One member appointed from a list of 5 nominees submitted by the Wisconsin
17Towns Association.
AB323-ASA1,2,2018
4. One member appointed from a list of 5 nominees submitted by an association
19that represents the interests of counties that have county forests within their
20boundaries.
AB323-ASA1,2,2221
5. One member appointed from a list of 5 nominees submitted by the council
22on forestry.
AB323-ASA1, s. 4
23Section
4. 20.370 (1) (cr) of the statutes is amended to read:
AB323-ASA1,3,3
120.370
(1) (cr)
Forestry — recording fees. All moneys received under ss. 77.82
2(2m)
(d) and (4) and 77.88 (2) (d) for the payment of fees to the registers of deeds under
3s. 77.91 (5).
AB323-ASA1, s. 5
4Section
5. 20.370 (1) (cw) of the statutes is created to read:
AB323-ASA1,3,75
20.370
(1) (cw)
Forestry — outdoor activity grants. All moneys received under
6s. 77.84 (2) (b) and (bm) for grants awarded by the managed forest land board under
7s. 77.895.
AB323-ASA1, s. 6
8Section
6. 20.370 (1) (cx) of the statutes is created to read:
AB323-ASA1,3,119
20.370
(1) (cx)
Forestry — management plans. All moneys received under s.
1077.82 (2m) (dm) for payment for management plans prepared by plan writers who
11are under contract with the department under s. 77.82 (3).
AB323-ASA1, s. 7
12Section
7. 26.97 of the statutes is renumbered 26.97 (1), and 26.97 (1) (b), as
13renumbered, is amended to read:
AB323-ASA1,3,1614
26.97
(1) (b) Arrest a person, with or without a warrant, whom the ranger,
15chairperson, warden or deputy has reason to believe is committing or has committed
16a violation of a statutory provision specified under
sub. (1) par. (a).
AB323-ASA1,3,1918
26.97
(2) A state forest ranger, conservation warden, or other duly appointed
19deputy may do any of the following:
AB323-ASA1,3,2120
(a) Arrest a person, with or without a warrant, when the person is detected
21actually committing a violation of subch. VI of ch. 77.
AB323-ASA1,3,2422
(b) Arrest a person, with or without a warrant, whom the ranger, warden, or
23deputy has reason to believe is committing or has committed a violation of subch. VI
24of ch. 77.
AB323-ASA1,4,2
1(c) Take the arrested person before the circuit court for the county where the
2violation occurred and make a proper complaint.
AB323-ASA1,4,43
(d) Execute and serve any warrant or process in the same manner as any
4constable.
AB323-ASA1, s. 9
5Section
9. 74.25 (1) (a) 6. of the statutes is amended to read:
AB323-ASA1,4,96
74.25
(1) (a) 6. Pay to the county treasurer 20% of collections of occupational
7taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84
8(2) (a)
and (am) and all collections of payments for closed lands under s. 77.84 (2) (b)
9and (bm).
AB323-ASA1,4,1311
74.25
(1) (a) 8. Retain for the taxation district all woodland tax law collections
12under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84
13(2) (a)
and (am).
AB323-ASA1,4,1815
74.30
(1) (f) Pay to the county treasurer 20% of collections of occupational taxes
16on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2)
17(a)
and (am) and all collections of payments for closed lands under s. 77.84 (2) (b)
and
18(bm).
AB323-ASA1,4,2220
74.30
(1) (h) Retain for the taxation district all woodland tax law collections
21under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84
22(2) (a)
and (am).
AB323-ASA1,4,2424
75.35
(2) (f) 3. Any withdrawal tax
or withdrawal fee due under s. 77.84 (3) (b).
AB323-ASA1,5,12
175.36
(3) (b) From the net proceeds of the sale of the property, as determined
2under par. (a), first pay any withdrawal tax
and withdrawal fee due under s. 77.84
3(3) (b) and then pay to taxing jurisdictions all special assessments and special
4charges to which the property is subject, including interest and any penalties
5imposed under s. 74.47. If the net proceeds are not sufficient to pay all outstanding
6amounts due, the net proceeds shall be prorated to each taxing jurisdiction based
7upon the ratio that the amount of all special assessments and special charges due
8that taxing jurisdiction bears to the amount of all special assessments and special
9charges levied against the property sold, including interest and any penalties
10imposed under s. 74.47. Amounts payable under this paragraph shall be paid to the
11taxing jurisdiction within 15 days after the last day of the month in which sale
12proceeds become available to the county.
AB323-ASA1,5,1414
77.81
(4) "Municipality" means a town
or, village
, or city.
AB323-ASA1,5,1816
77.82
(2) (cm) A copy of an instrument that has been recorded in the office of
17the register of deeds of the county in which the property is located that shows the
18ownership of the land subject to the petition.
AB323-ASA1,5,2120
77.82
(2m) (a) Except as provided in par. (b), a petition under sub. (2)
or, (4m)
,
21or (12) shall be accompanied by a nonrefundable application fee of
$100 $300.
AB323-ASA1,6,223
77.82
(2m) (b) If the petition
under sub. (2), (4m), or (12) is accompanied by a
24proposed management plan as provided in par. (c), the nonrefundable application fee
25shall be
$10 $20 unless a different amount for the fee is established by the
1department by rule at an amount equal to the average expense to the department of
2recording an order issued under this subchapter.
AB323-ASA1, s. 19
3Section
19. 77.82 (2m) (b) of the statutes, as affected by 2003 Wisconsin Act
4.... (this act), is repealed and recreated to read:
AB323-ASA1,6,95
77.82
(2m) (b) If the petition under sub. (2), (4m), or (12) is accompanied by a
6management plan, the nonrefundable application fee shall be $20 unless a different
7amount for the fee is established by the department by rule at an amount equal to
8the average expense to the department of recording an order issued under this
9subchapter.
AB323-ASA1, s. 21
11Section
21. 77.82 (2m) (d) of the statutes is renumbered 77.82 (2m) (d) 1. and
12amended to read:
AB323-ASA1,6,1613
77.82
(2m) (d) 1.
All the fees collected under this subsection shall be deposited
14in the conservation fund. The All of the fees collected under par. (b) and
$10 $20 of
15each
$100 $300 fee collected under par. (a) shall be credited to the appropriation
16under s. 20.370 (1) (cr)
, except as provided under subd. 2.
AB323-ASA1, s. 22
17Section
22. 77.82 (2m) (d) 2. of the statutes is created to read:
AB323-ASA1,6,2118
77.82
(2m) (d) 2. The department may establish by rule a different amount of
19each $300 fee under subd. 1. that will be credited to the appropriation under s. 20.370
20(1) (cr). The amount shall be equal to the average expense to the department of
21recording an order issued under this subchapter.
AB323-ASA1,6,2523
77.82
(2m) (dm) The fees collected under pars. (a) and (e) that are not credited
24to the appropriation under s. 20.370 (1) (cr) shall be credited to the appropriation
25under s. 20.370 (1) (cx).
AB323-ASA1,7,52
77.82
(2m) (e) If
the proposed a management plan
accompanying a petition
3filed under sub. (2), (4m), or (12) is not approved by the department under its initial
4review under sub. (3) (a), the department shall collect from the petitioner a fee in an
5amount equal to
$100 $300 less the amount the petitioner paid under par.
(c) (b).
AB323-ASA1, s. 25
6Section
25. 77.82 (3) (c) (intro.) of the statutes is amended to read:
AB323-ASA1,7,97
77.82
(3) (c) (intro.) To qualify for approval, a management plan shall
be
8prepared by a plan writer certified by the department or prepared by the department
9itself and shall include all of the following:
AB323-ASA1,7,1311
77.82
(3) (c) 6. A description of the forestry practices, including harvesting,
12thinning and reforestation, that will be undertaken during the term of the order,
13specifying the period
of time in which each
is intended to will be completed.
AB323-ASA1,7,1915
77.82
(3) (g) The department shall promulgate rules specifying the
16qualifications that a person must satisfy to become a certified plan writer. For
17management plans prepared by the department under this subsection, the
18department may contract with plan writers certified by the department to prepare
19these plans.