AB323: Bill Text

2003 - 2004 LEGISLATURE

2003 Assembly BILL 323

May 13, 2003 - Introduced by Representative Friske, cosponsored by Senators Welch and Breske. Referred to Committee on Forestry.

AB323,2,2 An Act to repeal 77.82 (2m) (c); to renumber and amend 77.82 (2m) (d), 77.88 (2) (d), 77.89 (2) and 77.89 (3); to amend 74.25 (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), 77.82 (2m) (a), 77.82 (2m) (b), 77.82 (2m) (e), 77.82 (3) (c) (intro.), 77.82 (3) (c) 6., 77.82 (4), 77.82 (7) (c), 77.82 (7) (c), 77.82 (8), 77.82 (12), 77.83 (1) (a) 1., 77.84 (2) (a), 77.84 (2) (b), 77.84 (2) (c), 77.84 (3) (b), 77.87 (3), 77.88 (1) (c), 77.88 (2) (am), 77.88 (2) (b), 77.88 (2) (c), 77.88 (2) (f), 77.88 (3), 77.88 (4), 77.88 (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 77.89 (1); and to create 20.370 (1) (cw), 23.09 (18m), 77.82 (2) (cm), 77.82 (2m) (d) 2., 77.82 (3) (g), 77.82 (7) (c) 2., 77.83 (1m), 77.84 (2) (am), 77.84 (2) (bm), 77.84 (2) (cm), 77.87 (1g), 77.876, 77.88 (2) (d) 2., 77.88 (3m) and 77.88 (5m) of the statutes; relating to: the Managed Forest Land Program, providing funding for grants for land acquisition for outdoor recreation, requiring the exercise of rule-making authority, and making an appropriation.

Analysis by the Legislative Reference Bureau

A parcel of land may be designated as managed forest land (MFL) under a program administered by the Department of Natural Resources (DNR). Under the program, the owner of land that is designated as MFL under an order issued by DNR makes an annual acreage share payment that is lower than, and in lieu of, the property taxes that normally would be payable on the land. In exchange, the owner must comply with certain forestry practices and may keep a specific area closed to public access; the remainder of the land must be kept open for recreational activities such as hunting, fishing, and cross-country skiing. In order for a landowner to participate in the MFL Program, DNR must approve a management plan for the MFL. The management plan includes the owner's forestry objectives and a description of the forestry practices to be used.

The changes to the MFL Program contained in this bill include the following:

1. The bill increases the fees for filing a petition for an order designating land as MFL, to add land to an existing MFL order, and to transfer ownership of MFL.

2. The bill requires that management plans that may qualify under the program be prepared by a plan writer certified by DNR or by DNR itself. Under current law, there are no restrictions on who prepares the management plan, but a plan prepared by a qualified forester, as defined by DNR by rule, or a plan approved by DNR that DNR does have to prepare itself may qualify for a reduced application fee. The bill requires DNR to promulgate rules specifying the necessary qualifications for certified plan writers.

3. The bill exempts an owner of MFL that is initially entered into the program after the effective date of this bill from any yield tax for the first five years of the order. Under current law, an annual yield tax of 5% is imposed on the value of the merchantable timber cut from the land.

4. The bill requires DNR to distribute all of the withdrawal taxes and yield taxes it receives to the town or village and to the county in which the MFL is located. Under current law, DNR retains 50% of these taxes and distributes 40% to the village or town and 10% to the county. Under the bill, DNR distributes all of these taxes, the town or village receiving 80% and the county 20%.

5. The bill creates a withdrawal fee that an owner must pay, in addition to the withdrawal tax under current law, if the owner withdraws the land from the program before the order designating the land as MFL expires. Orders are for 25 or 50 years.

6. The bill increases the acreage of MFL that may be kept closed for public use. Under current law, the maximum amount that may be closed is 80 acres in a single town or village or one of a combination of any two of the following areas as found on government surveys: quarter-quarter sections (40 acres), fractional lots (usually somewhat less than 40 acres), or government lots (usually somewhat less than 40 acres) as shown on government surveys. The bill increases the limit of 80 acres in a single town or village to 160 acres.

7. The bill changes how the acreage share payment and the additional payment for closed acreage is calculated. Under current law, the annual acreage share payment per acre is 74 cents. In addition an MFL owner must pay an additional $1 for each acre of MFL that is closed to public use. Under the bill, beginning in 2008, the acreage share payment for each acre of MFL is equal to 5% of the average statewide property tax per acre of property assessed as swampland or wasteland and productive forest land. Also, beginning in 2008, the additional payment for each acre of MFL that is closed to the public is equal to 20% of the average statewide property tax per acre of property assessed as swampland or wasteland and productive forest land.

8. The bill requires that the additional payments made by MFL owners for closed MFL be used by DNR for grants to local governmental units for the acquisition of land for nature-based outdoor recreation.

9. This bill specifies that certain provisions under current law that apply to an initial petition apply to a renewal petition. These requirements include the payment of an application fee and the preparation of a new management plan. Under current law, a MFL order lasts for 25 or 50 years, as elected by the MFL owner and may be renewed for an additional 25 or 50 years, as elected by the owner.

10. The bill requires that copy of the legal document that has been recorded with the county register of deeds that show the ownership of the land subject be included with a MFL petition. Current law only requires that the petition include a description of the land.

11. Finally, if a property owner who is required to complete a forestry practice fails to complete the practice by the time specified under a management plan, the owner must pay a noncompliance assessment of $250 to the municipality in which the property that is subject to the management plan is located. Under the bill, the municipality distributes 20% of the noncompliance assessment to the county in which the property is located.

For further information see the state and 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:

AB323, s. 1 Section 1. 20.370 (1) (cw) of the statutes is created to read:

AB323,3,3 20.370 (1) (cw) Forestry — outdoor recreation grants. All moneys received under s. 77.84 (2) (bm) for grants under s. 23.09 (18m).

AB323, s. 2 Section 2. 23.09 (18m) of the statutes is created to read:

AB323,4,2 23.09 (18m) Grants for land acquisitions for outdoor recreation. (a) In this subsection:

AB323,4,4 1. "Land" means land in fee simple, conservation easements, and other easements in land.

AB323,4,5 2. "Local governmental unit" means a city, village, town, or county.

AB323,4,7 3. "Nature-based outdoor recreation" has the meaning given by the department by rule under s. 23.0917 (4) (f).

AB323,4,9 4. "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

AB323,4,14 (b) The department shall establish a program to award grants from the appropriation under s. 20.370 (1) (cw) to local governmental units and nonprofit conservation organizations to acquire land for nature-based outdoor recreation. The department shall promulgate rules establishing criteria for awarding grants under this subsection.

AB323, s. 3 Section 3. 74.25 (1) (a) 6. of the statutes is amended to read:

AB323,4,19 74.25 (1) (a) 6. Pay to the county treasurer 20% of collections of occupational taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am) and all collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB323, s. 4 Section 4. 74.25 (1) (a) 8. of the statutes is amended to read:

AB323,4,23 74.25 (1) (a) 8. Retain for the taxation district all woodland tax law collections under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am).

AB323, s. 5 Section 5. 74.30 (1) (f) of the statutes is amended to read:

AB323,5,4 74.30 (1) (f) Pay to the county treasurer 20% of collections of occupational taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am) and all collections of payments for closed lands under s. 77.84 (2) (b) and (bm).

AB323, s. 6 Section 6. 74.30 (1) (h) of the statutes is amended to read:

AB323,5,8 74.30 (1) (h) Retain for the taxation district all woodland tax law collections under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am).

AB323, s. 7 Section 7. 75.35 (2) (f) 3. of the statutes is amended to read:

AB323,5,10 75.35 (2) (f) 3. Any withdrawal tax or withdrawal fee due under s. 77.84 (3) (b).

AB323, s. 8 Section 8. 75.36 (3) (b) of the statutes is amended to read:

AB323,5,23 75.36 (3) (b) From the net proceeds of the sale of the property, as determined under par. (a), first pay any withdrawal tax and withdrawal fee due under s. 77.84 (3) (b) and then pay to taxing jurisdictions all special assessments and special charges to which the property is subject, including interest and any penalties imposed under s. 74.47. If the net proceeds are not sufficient to pay all outstanding amounts due, the net proceeds shall be prorated to each taxing jurisdiction based upon the ratio that the amount of all special assessments and special charges due that taxing jurisdiction bears to the amount of all special assessments and special charges levied against the property sold, including interest and any penalties imposed under s. 74.47. Amounts payable under this paragraph shall be paid to the taxing jurisdiction within 15 days after the last day of the month in which sale proceeds become available to the county.

AB323, s. 9 Section 9. 77.82 (2) (cm) of the statutes is created to read:

AB323,6,3 77.82 (2) (cm) A copy of an instrument that has been recorded in the office of the register of deeds of the county in which the property is located that shows the ownership of the land subject to the petition.

AB323, s. 10 Section 10. 77.82 (2m) (a) of the statutes is amended to read:

AB323,6,6 77.82 (2m) (a) Except as provided in par. (b), a petition under sub. (2) or, (4m), or (12) shall be accompanied by a nonrefundable application fee of $100 $300.

AB323, s. 11 Section 11. 77.82 (2m) (b) of the statutes is amended to read:

AB323,6,12 77.82 (2m) (b) If the petition under sub. (2), (4m), or (12) is accompanied by a proposed management plan as provided in par. (c), the nonrefundable application fee shall be $10 $20 unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter.

AB323, s. 12 Section 12. 77.82 (2m) (c) of the statutes is repealed.

AB323, s. 13 Section 13. 77.82 (2m) (d) of the statutes is renumbered 77.82 (2m) (d) 1. and amended to read:

AB323,6,19 77.82 (2m) (d) 1. All the fees collected under this subsection shall be deposited in the conservation fund. The All of the fees collected under par. (b) and $10 $20 of each $100 $300 fee collected under par. (a) shall be credited to the appropriation under s. 20.370 (1) (cr), except as provided under subd. 2.

AB323, s. 14 Section 14. 77.82 (2m) (d) 2. of the statutes is created to read:

AB323,6,24 77.82 (2m) (d) 2. The department may establish by rule a different amount of each $300 fee under subd. 1. that will be credited to the appropriation under s. 20.370 (1) (cr). The amount shall be equal to the average expense to the department of recording an order issued under this subchapter.

AB323, s. 15 Section 15. 77.82 (2m) (e) of the statutes is amended to read:

AB323,7,4 77.82 (2m) (e) If the proposed a management plan accompanying a petition filed under sub. (2), (4m), or (12) is not approved by the department under its initial review under sub. (3) (a), the department shall collect from the petitioner a fee in an amount equal to $100 $300 less the amount the petitioner paid under par. (c) (b).

AB323, s. 16 Section 16. 77.82 (3) (c) (intro.) of the statutes is amended to read:

AB323,7,8 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall be prepared by a plan writer certified by the department or prepared by the department itself and shall include all of the following:

AB323, s. 17 Section 17. 77.82 (3) (c) 6. of the statutes is amended to read:

AB323,7,12 77.82 (3) (c) 6. A description of the forestry practices, including harvesting, thinning and reforestation, that will be undertaken during the term of the order, specifying the period of time in which each is intended to will be completed.

AB323, s. 18 Section 18. 77.82 (3) (g) of the statutes is created to read:

AB323,7,15 77.82 (3) (g) The department shall promulgate rules specifying the qualifications that a person must satisfy to become a certified plan writer.

AB323, s. 19 Section 19. 77.82 (4) of the statutes is amended to read:

AB323,8,2 77.82 (4) Additions to managed forest land. An owner may petition the department to designate as managed forest land an additional parcel of land in the same municipality if the additional parcel is at least 3 acres in size and is contiguous to any of the owner's designated land. The petition shall be accompanied by a nonrefundable $10 $20 application fee unless a different amount of for the fee is established in the same manner as the fee under sub. (2m) (b) by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The petition shall be submitted filed on a department form and shall contain any additional information required by the department.

AB323, s. 20 Section 20 . 77.82 (7) (c) of the statutes is amended to read:

AB323,8,8 77.82 (7) (c) Except as provided in par. (d), if a petition is received on or before January 31 of any year from a petitioner who owns less than 1,000 acres in this state or on or before March 31 of any year from any other petitioner, the department shall investigate and shall either approve the petition and issue the order under sub. (8) or deny the petition on or before the following November 21.

AB323, s. 21 Section 21. 77.82 (7) (c) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

AB323,8,11 77.82 (7) (c) Except as provided in par. (d), if:

AB323,8,16 1. If a petition is received on or before January 31 July 1 of any year from a petitioner who owns less than 1,000 acres in this state or on or before March 31 of any year from any other petitioner, the department shall investigate and shall either approve the petition and issue the order under sub. (8) or deny the petition before the 2nd following November 21.

AB323, s. 22 Section 22. 77.82 (7) (c) 2. of the statutes is created to read:

AB323,8,21 77.82 (7) (c) 2. If a petition is received before April 1 of any year from a petitioner who owns 1,000 or more acres in this state, the department shall investigate and shall either approve the petition and issue the order under sub. (8) or deny the petition before the following November 21.

AB323, s. 23 Section 23. 77.82 (8) of the statutes is amended to read:

AB323,9,5 77.82 (8) Order. If a petition under sub. (2) or, (4m), or (12) is approved, the department shall issue an order designating the land as managed forest land for the time period specified in the petition. If a petition under sub. (4) is approved, the department shall amend the original order to include the additional parcel. The department shall provide the petitioner with a copy of the order or amended order and shall also file a copy with the department of revenue, the supervisor of assessments and the clerk of the municipality, and shall record the order with the register of deeds in the county, in which the land is located.

AB323, s. 24 Section 24. 77.82 (12) of the statutes is amended to read:

AB323,9,20 77.82 (12) Renewal. The department shall notify each owner of managed forest land of the expiration date of an order no later than the January 31 preceding the expiration date. The An owner of managed forest land may petition the department under sub. (2) for renewal of the order. The A petition filed by an owner of 1,000 acres or more in this state shall be filed no later than the March 31 and April 1 before the expiration date of the order. A petition filed by an owner of less than 1,000 acres in this state shall be filed no later than the 2nd July 1 before the expiration date of the order. The petition shall specify whether the owner wants the order renewed for 25 or 50 years. The notice and hearing provisions under subs. (5) and, (6) and (7) do not apply to a petition under this subsection. The department may deny the petition only if the land fails to meet the eligibility requirements under sub. (1), if the owner has failed to comply with the management plan that is in effect on the date that the petition for renewal is filed, or if there are delinquent taxes on the land. If the petition is denied, the department shall state the reason for the denial in writing.

AB323, s. 25 Section 25. 77.83 (1) (a) 1. of the statutes is amended to read:

AB323,9,22 77.83 (1) (a) 1. A maximum of 80 160 acres in the municipality.

AB323, s. 26 Section 26. 77.83 (1m) of the statutes is created to read:

AB323,9,25 77.83 (1m) Modification of designation. For a managed forest land order that takes effect on or after the effective date of this subsection .... [revisor inserts date], the owner of the managed forest land may modify the designation of a closed or open area one time during the term of the order. For a managed forest land order that takes effect before the effective date of this subsection .... [revisor inserts date], the owner of the managed forest land may modify the designation of a closed or open area one time during the period beginning with the effective date of this subsection .... [revisor inserts date], and ending with the expiration date of the order, regardless of whether the owner has previously modified the designation as authorized by rules promulgated by the department.

AB323, s. 27 Section 27. 77.84 (2) (a) of the statutes is amended to read:

AB323,10,12 77.84 (2) (a) Each Ending with the property tax assessments as of January 1, 2007, each owner of managed forest land shall pay to the municipal treasurer an acreage share of 74 cents per acre on or before January 31.

AB323, s. 28 Section 28. 77.84 (2) (am) of the statutes is created to read: