LRBs0221/2
MGG&RPN:wlj:km
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 504
January 27, 2000 - Offered by
Committee on Rural Affairs and Forestry.
AB504-ASA1,1,7
1An Act to repeal 26.03 (1) (title), 26.03 (1) (a) and 814.04 (5);
to renumber and
2amend 26.03 (1) (b) and 26.03 (2);
to amend 26.03 (title), 26.05 (1), 26.05 (3)
3(b), 26.05 (3) (c) and 26.06 (2);
to repeal and recreate 26.09; and
to create
426.03 (1b), 26.03 (1g), 26.03 (1m), 26.03 (1r) (title) and (b) and 26.03 (2) (a) of
5the statutes;
relating to: cutting, removal and transportation of raw forest
6products, seizures of forest products, granting rule-making authority and
7providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB504-ASA1,1,9
926.03 (title)
Cutting Harvest of raw forest products.
AB504-ASA1, s. 4
1Section
4. 26.03 (1) (b) of the statutes is renumbered 26.03 (1r) (a) and
2amended to read:
AB504-ASA1,2,93
26.03
(1r) (a) No purchaser of Indian reservation land or land to be placed upon
4the tax roll for the first time
shall cut or cause to be cut any logs, piling, posts, poles,
5pulpwood, Christmas trees or other forest products, except fuel wood for personal
6home consumption, may harvest any raw forest products, or direct the harvesting of
7any raw forest products, from
such the land without first recording the instrument
8by which title to
such the land was acquired in the office of the register of deeds for
9the county in which
such the land is located.
AB504-ASA1,2,1111
26.03
(1b) Definitions. In this section:
AB504-ASA1,2,1212
(a) "Harvest" means to cut, remove or transport.
AB504-ASA1,2,1313
(b) "Harvesting" means cutting, removing or transporting.
AB504-ASA1,2,1414
(c) "Raw forest products" has the meaning given in s. 26.05 (1).
AB504-ASA1,2,1816
26.03
(1g) Prohibition; delinquent taxes. No person may harvest any raw
17forest products, or direct the harvest of any raw forest products, from any land for
18which taxes are delinquent.
AB504-ASA1,3,620
26.03
(1m) Harvesting upon notification. (a) 1. Unless otherwise authorized
21to do so by the county, no person may harvest any raw forest products, or direct the
22harvesting of any raw forest products, from any land until 14 days after the clerk of
23the county in which the land is located is notified of the person's proposal to harvest.
24The person shall notify the county clerk each year and may do so in any manner
25acceptable to the county. Each time the person notifies the county, the person shall
1describe the land upon which the harvesting will occur by quarter-quarter section,
2government lot or fractional lot, unless the county requires a different method for
3describing the land. Notification under this subdivision expires on the December 31
4immediately following the notification, and no person may harvest, or direct the
5harvesting of, any additional raw forest products from the land until further
6notification that complies with this subdivision is provided to the county.
AB504-ASA1,3,157
2. Upon receipt of notifications under subd. 1., the county clerk shall provide
8notice to the town chairperson of each town in which the land from which raw forest
9products will be harvested is located and to the county treasurer. The county
10treasurer shall determine whether the county holds a tax certificate or tax deeds to
11any of the land involved. If the county holds a tax certificate, the county treasurer
12shall take action to collect the unpaid taxes represented by county-owned tax
13certificates or to prevent the harvesting of raw forest products from the land. If the
14county holds a tax deed, the county treasurer shall take action to prevent the
15harvesting of raw forest products from the land.
AB504-ASA1,3,2016
(b) Paragraph (a) 1. does not apply to a person harvesting raw forest products
17on public lands, as defined in s. 70.13 (7), to a person harvesting raw forest products
18for fuel wood for his or her home consumption, to a person harvesting for the purpose
19of clearing the land for agricultural use or to a person harvesting from the person's
20own land, any of the following:
AB504-ASA1,3,2121
1. Boughs for his or her own use.
AB504-ASA1,3,2222
2. Up to 5 Christmas trees for his or her own use.
AB504-ASA1, s. 8
23Section
8. 26.03 (1r) (title) and (b) of the statutes are created to read:
AB504-ASA1,3,2424
26.03
(1r) (title)
Harvesting upon recording.
AB504-ASA1,4,2
1(b) Paragraph (a) does not apply to a person harvesting raw forest products for
2fuel wood for his or her home consumption.
AB504-ASA1, s. 9
3Section
9. 26.03 (2) of the statutes is renumbered 26.03 (2) (b) and amended
4to read:
AB504-ASA1,4,65
26.03
(2) (b) Whoever violates
this section sub. (1m) or (1r), or a rule
6promulgated under sub. (1m) or (1r), shall forfeit not more than
$50 $100.
AB504-ASA1,4,98
26.03
(2) (a) Whoever violates sub. (1g), or a rule promulgated under sub. (1g),
9shall forfeit not less than $500 nor more than $10,000.
AB504-ASA1,4,1511
26.05
(1) Definition. As used in In this section, "raw forest products" means
12forest products not altered by a manufacturing process off the land from which they
13are taken
. This term and includes
seedlings, saplings, shrubs, whole-tree chips,
14boughs, logs, pilings, posts, poles, cordwood products, pulpwood, fuel wood and
15Christmas trees.
AB504-ASA1,4,1917
26.05
(3) (b) Instead of the forfeiture provided under par. (a), a person who
18intentionally violates this section
, or a rule promulgated under this section, may be
19punished under s. 943.20 for theft.
AB504-ASA1,4,2421
26.05
(3) (c) In addition to any other penalty, a person who violates this section
, 22or a rule promulgated under this section
, is liable for the reasonable costs incurred
23to establish the volume and value of the raw forest products cut, removed or
24transported.
AB504-ASA1,5,4
126.06
(2) Any person who, without the consent of a person legally able to give
2consent, removes any seized products or removes or defaces a seizure notice of the
3department or of any sheriff shall forfeit not
less than $500 nor more than
$50
4$10,000.
AB504-ASA1, s. 15
5Section
15. 26.09 of the statutes is repealed and recreated to read:
AB504-ASA1,5,7
626.09 Civil liability for unauthorized cutting, removal or
7transportation of raw forest products. (1b) Definitions. In this section:
AB504-ASA1,5,98
(a) "Compass" means a sighting compass with a liquid-filled capsule that has
9been adjusted for the proper declination.
AB504-ASA1,5,1210
(b) "Fair market value" means the amount for which the raw forest products
11or land can be sold in an open market by a person willing and able but not compelled
12to sell and a purchaser willing and able but not obliged to buy.
AB504-ASA1,5,1313
(c) "Harvest" means to cut, remove or transport.
AB504-ASA1,5,1414
(d) "Harvesting" means cutting, removing or transporting.
AB504-ASA1,5,1615
(e) "Harvesting boundary" means the boundary of an area in which the
16harvesting of raw forest products is planned.
AB504-ASA1,5,1917
(f) "Owner" includes the board of commissioners of public lands if the board
18holds a land contract certificate under ch. 24 to the land from which the raw forest
19products were harvested.
AB504-ASA1,5,2020
(g) "Raw forest products" has the meaning given in s. 26.05 (1).
AB504-ASA1,5,2221
(h) "Recorded survey" means a land survey that is recorded with the register
22of deeds in each of the counties in which the harvesting took place.
AB504-ASA1,5,2323
(i) "Slash" has the meaning given in s. 26.12 (6) (a).
AB504-ASA1,6,3
1(j) "Stumpage value" means the applicable stumpage rate established by rule
2under s. 77.91 (1) or the fair market value of raw forest products less the cost of their
3harvesting, whichever is greater.
AB504-ASA1,6,54
(k) "Subdivision" means a township, section, quarter-quarter section,
5government lot or fractional lot.
AB504-ASA1,6,13
6(2) Persons entitled to sue; exception. (a) In addition to any other
7enforcement action that may be taken and subject to par. (b), an owner of raw forest
8products that were harvested without the consent of the owner may bring a civil
9action against the person who harvested the raw forest products to recover the
10damages caused by the harvesting. In addition to any other enforcement action and
11subject to par. (b), a county in which a violation of s. 26.03 (1g) or (1r) or a rule
12promulgated under s. 26.03 (1g) or (1r) occurred may bring a civil action to recover
13damages for the violation.
AB504-ASA1,6,2014
(b) An owner may not recover damages under this subsection if the person
15harvesting the raw forest products or the person giving consent for the harvesting
16reasonably relied on a written agreement among adjacent owners, or their agents,
17that the owner giving consent to harvest has the authority to do so even if after the
18harvesting it is determined that the owner giving the consent did not have such
19authority, but only if the harvesting is from land owned by an owner who is a party
20to the agreement.
AB504-ASA1,6,23
21(3) Damages. (a) A person against whom an action is brought as provided in
22sub. (2) is liable for the applicable damages under par. (b) or (c), subject to sub. (6),
23and other reasonable and necessary costs under par. (d).
AB504-ASA1,7,424
(b) 1. A court shall award damages that equal the stumpage value of the raw
25forest products harvested if the person harvesting the raw forest products or the
1person giving consent for the harvesting reasonably relied upon a recorded survey
2that was done by a person who is registered as a land surveyor or who is issued a
3permit to practice land surveying under s. 443.06 even if the recorded survey is
4determined, after the harvesting, to be in error.
AB504-ASA1,7,85
2. A court shall award damages that are equal to 2 times the stumpage value
6of the raw forest products harvested if a recorded survey was not relied upon as
7specified in subd. 1. but the person harvesting the raw forest products took
8reasonable precautions in identifying harvesting boundaries.
AB504-ASA1,7,139
3. A court shall award damages that are equal to 4 times the stumpage value
10or 2 times the fair market value of the raw forest products harvested, whichever is
11greater, if a recorded survey was not relied upon as specified in subd. 1. and the
12person harvesting the raw forest products did not take reasonable precautions in
13identifying the harvesting boundaries.
AB504-ASA1,7,1614
(c) In addition to the award under par. (b), a court shall award the owner of raw
15forest products that were harvested without the consent of the owner, any economic
16damages resulting from that harvest.
AB504-ASA1,7,1817
(d) A court shall award other reasonable and necessary costs, which may
18include costs for any of the following:
AB504-ASA1,7,2019
1. Repair of damage to, or cleanup on, the land from which the raw forest
20products were harvested.
AB504-ASA1,7,2321
2. Removal of slash from agricultural land, waterways, highways, private
22roads, trails or other sites where the slash would interfere with reforesting or
23replanting.
