Amendment ASA1-AB323

AB323-ASA1, s. 43 Section 43. 77.84 (2) (cm) of the statutes is created to read:

AB323-ASA1,13,19 77.84 (2) (cm) For purposes of determining the per acre amounts under pars. (am) and (bm), in the year in which this paragraph takes effect .... [revisor inserts date], and in 2007 and each 5th year thereafter, the department of revenue shall determine the average statewide tax per acre of property classified under s. 70.32 (2) (a) 6. by multiplying the average equalized value of property classified under s. 70.32 (2) (a) 6., as determined under s. 70.57, by the average tax rate determined under s. 76.126.

AB323-ASA1, s. 44 Section 44. 77.84 (3) (b) of the statutes is amended to read:

AB323-ASA1,14,3 77.84 (3) (b) Immediately after receiving the certification of the county clerk that a tax deed has been taken, the department shall issue an order withdrawing the land as managed forest land. The notice requirement under s. 77.88 (1) does not apply to the department's action under this paragraph. The department shall notify the county treasurer of the amount of the withdrawal fee under s. 77.88 (5m) and the withdrawal tax, as determined under s. 77.88 (5), and the. The amount of the tax and the assessment shall be payable to the department under s. 75.36 (3) if the property is sold by the county. The amount shall be credited to the conservation fund.

AB323-ASA1, s. 45 Section 45. 77.87 (1g) of the statutes is created to read:

AB323-ASA1,14,10 77.87 (1g) Exemption. 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 is exempt from payment of the yield tax under sub. (1) for the first 5 years of the managed forest land order. The exemption under this subsection does not apply to managed forest land converted pursuant to a petition approved under s. 77.82 (7) (d) or to a renewal of managed forest land order under s. 77.82 (12).

AB323-ASA1, s. 46 Section 46. 77.87 (3) of the statutes is amended to read:

AB323-ASA1,14,16 77.87 (3) Payment. A tax assessed under sub. (1) or (2) is due and payable to the department on the last day of the month following the date the certificate is mailed to the owner. The department shall collect interest at the rate of 12% per year on any tax that is paid later than the due date. Amounts received shall be credited to the conservation fund.

AB323-ASA1, s. 47 Section 47. 77.876 of the statutes is created to read:

AB323-ASA1,14,24 77.876 Noncompliance assessment. (1) Assessment. The department shall certify to the municipality in which the property is located an owner's failure to complete a forestry practice during the period of time required under an applicable management plan, and the municipality shall impose a noncompliance assessment of $250 against the owner for each failure. The department shall mail a copy of the certificate of assessment to the owner at the owner's last-known address and to the municipality.

AB323-ASA1,15,4 (2) Payment. An assessment under sub. (1) is due and payable to the municipality on the last day of the month following the date the certificate is mailed to the owner. The municipality shall collect interest at the rate of 12 percent per year on any assessment that is paid later than the due date.

AB323-ASA1,15,10 (3) Owner's liability. The owner is personally liable for an assessment under sub. (1). An unpaid assessment becomes a lien against the merchantable timber cut. If the merchantable timber cut is mingled with other wood products, the unpaid assessment becomes a lien against all of the wood products while they are in the owner's possession or in the possession of any person other than a purchaser for value without notice in the usual course of business.

AB323-ASA1,15,15 (4) Delinquency. If an assessment due under sub. (1) is not paid on or before the last day of the August following the date specified under sub. (2), the municipality shall certify to the taxation district clerk the description of the land and the amount due for the assessment and interest. The taxation district clerk shall enter the delinquent amount on the property tax roll as a special charge.

AB323-ASA1, s. 48 Section 48. 77.88 (1) (a) of the statutes is amended to read:

AB323-ASA1,15,23 77.88 (1) (a) The department may, at the request of the owner of managed forest land or of the governing body of the municipality in which any managed forest land is located, or at its own discretion, investigate to determine whether the designation as managed forest land should be withdrawn. The Except as provided in par. (am), the department shall notify the owner of the land and the mayor of the city, the chairperson of the town, or the president of the village in which the land is located of the investigation.

AB323-ASA1, s. 49 Section 49. 77.88 (1) (am) of the statutes is created to read:

AB323-ASA1,16,3 77.88 (1) (am) If a city or village is organized under subch. I of ch. 64, the department shall notify the president of the city council or village board of any investigation under par. (a).

AB323-ASA1, s. 50 Section 50. 77.88 (1) (c) of the statutes is amended to read:

AB323-ASA1,16,7 77.88 (1) (c) If the department determines that land should be withdrawn, it shall issue an order withdrawing the land as managed forest land and shall assess against the owner the tax under sub. (5) and the withdrawal fee under sub. (5m).

AB323-ASA1, s. 51 Section 51. 77.88 (2) (am) of the statutes is amended to read:

AB323-ASA1,16,12 77.88 (2) (am) If the land transferred under par. (a) does not meet the eligibility requirements under s. 77.82 (1), the department shall issue an order withdrawing the land from managed forest land designation and shall assess against the owner a withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

AB323-ASA1, s. 52 Section 52. 77.88 (2) (b) of the statutes is amended to read:

AB323-ASA1,16,21 77.88 (2) (b) If the land remaining after a transfer under par. (a) is contiguous and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it shall continue to be designated as managed forest land until the expiration of the existing order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12), an owner may not petition the department for renewal of the order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed when the remaining land is withdrawn at the expiration of the order.

AB323-ASA1, s. 53 Section 53. 77.88 (2) (c) of the statutes is amended to read:

AB323-ASA1,17,2 77.88 (2) (c) If the remaining land does not meet the eligibility requirements under s. 77.82 (1) (a) 2. and (b), the department shall issue an order withdrawing the land and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this paragraph.

AB323-ASA1, s. 54 Section 54. 77.88 (2) (d) of the statutes is renumbered 77.88 (2) (d) 1. and amended to read:

AB323-ASA1,17,11 77.88 (2) (d) 1. Within 10 days after a transfer of ownership, the former owner shall, on a form provided by the department, file with the department a report of the transfer signed by the former owner and the transferee. The report shall be accompanied by a $20 $100 fee which shall be deposited in the conservation fund and. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

AB323-ASA1, s. 55 Section 55. 77.88 (2) (d) 2. of the statutes is created to read:

AB323-ASA1,17,16 77.88 (2) (d) 2. The department may establish by rule a different amount of each 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-ASA1, s. 56 Section 56. 77.88 (2) (f) of the statutes is amended to read:

AB323-ASA1,17,23 77.88 (2) (f) If the transferee does not provide the department with the certification required under par. (e), the department shall issue an order withdrawing the land and shall assess against the transferee the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the transferee is not entitled to a hearing on an order withdrawing land under this paragraph.

AB323-ASA1, s. 57 Section 57. 77.88 (3) of the statutes is amended to read:

AB323-ASA1,18,6 77.88 (3) Voluntary withdrawal. An owner may request that the department withdraw all or any part of the owner's land meeting one of the requirements specified under sub. (2) (a) 1. to 3. If any remaining land meets the eligibility requirements under s. 77.82 (1), the department shall issue an order withdrawing the land subject to the request and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

AB323-ASA1, s. 58 Section 58. 77.88 (3m) of the statutes is created to read:

AB323-ASA1,18,18 77.88 (3m) Withdrawal for failure to pay personal property taxes. If an owner of managed forest land has not paid the personal property tax due for a building on managed forest land before the February settlement date under s. 74.30 (1), the municipality in which the managed forest land is located shall certify to the department that a delinquency exists and shall include the legal description of the managed forest land on which the building is located in the certification. Immediately after receiving the certification, the department shall issue an order withdrawing the land as managed forest land and shall assess against the owner of the land the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this subsection.

AB323-ASA1, s. 59 Section 59. 77.88 (4) of the statutes is amended to read:

AB323-ASA1,18,23 77.88 (4) Nonrenewal. If an owner does not petition the department to renew a managed forest land order, the department shall order the land withdrawn at the expiration of the order. No withdrawal tax under sub. (5) shall or withdrawal fee under sub. (5m) may be assessed.

AB323-ASA1, s. 60 Section 60. 77.88 (5) (a) 1. of the statutes is amended to read:

AB323-ASA1,19,5 77.88 (5) (a) 1. An amount equal to the product of the total net property tax rate in the municipality in the year prior to the withdrawal and the assessed value of the land for the same year, as computed by the department of revenue, multiplied by the number of years the land was designated as managed forest land, less any amounts paid by the owner under ss. 77.84 (2) (a) and (am) and 77.87.

AB323-ASA1, s. 61 Section 61. 77.88 (5) (a) 2. of the statutes is amended to read:

AB323-ASA1,19,9 77.88 (5) (a) 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under ss. 77.84 (2) (a) and (am) and 77.87.

AB323-ASA1, s. 62 Section 62. 77.88 (5) (b) 1. of the statutes is amended to read:

AB323-ASA1,19,15 77.88 (5) (b) 1. An amount equal to the product of the total net property tax rate in the municipality in the year prior to the withdrawal and the assessed value of the land for the same year, as computed by the department of revenue, multiplied by the number of years since the renewal, less any amounts paid by the owner under ss. 77.84 (2) (a) and (am) and 77.87.

AB323-ASA1, s. 63 Section 63. 77.88 (5) (b) 2. of the statutes is amended to read:

AB323-ASA1,19,19 77.88 (5) (b) 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under ss. 77.84 (2) (a) and (am) and 77.87.

AB323-ASA1, s. 64 Section 64. 77.88 (5m) of the statutes is created to read:

AB323-ASA1,19,22 77.88 (5m) Withdrawal fee. The withdrawal fee assessed by the department under subs. (1) (c), (2) (am), (c), and (f), (3), and (3m) shall be $300.

AB323-ASA1, s. 65 Section 65. 77.88 (7) of the statutes is amended to read:

AB323-ASA1,20,5 77.88 (7) Payment; delinquency. A tax Taxes under sub. (5) is and fees under sub. (5m) are due and payable to the department on the last day of the month following the effective date of the withdrawal order. Amounts received shall be credited to the conservation fund. If the owner of the land fails to pay the tax or fee, the department shall certify to the taxation district clerk the amount due. The taxation district clerk shall enter the delinquent amount on the property tax roll as a special charge.

AB323-ASA1, s. 66 Section 66. 77.88 (8) of the statutes is amended to read:

AB323-ASA1,20,14 77.88 (8) Exception. No withdrawal tax or withdrawal fee may be assessed against an owner who transfers ownership of managed forest land for a public road or railroad or utility right-of-way. No withdrawal tax or withdrawal fee may be assessed against an owner who transfers ownership of managed forest land for a park, recreational trail, wildlife or fish habitat area or a public forest to the federal government, the state or a local governmental unit, as defined in s. 66.0131 (1) (a). The department may not order withdrawal of the remainder of the land unless the remainder fails to meet the eligibility requirements under s. 77.82 (1).

AB323-ASA1, s. 67 Section 67. 77.89 (1) of the statutes is amended to read:

AB323-ASA1,20,19 77.89 (1) Payment to municipalities. By June 30 of each year, the department, from the appropriation under s. 20.370 (5) (bv), shall pay 50% 100 percent of each payment received under s. 77.84 (3) (b), 77.87 (3) or , and 77.88 (7) to the treasurer of the municipality in which is located the land to which the payment applies.

AB323-ASA1, s. 68 Section 68. 77.89 (2) of the statutes is renumbered 77.89 (2) (a) and amended to read:

AB323-ASA1,21,3 77.89 (2) (a) Each municipal treasurer shall pay 20% of each payment received under sub. (1) or s. and under ss. 77.84 (2) (a) or and (am), 77.85 , and 77.876 to the county treasurer and shall deposit the remainder in the municipal treasury. The payment to the county treasurer for money received before November 1 of any year shall be made on or before the November 15 after its receipt. For money received on or after November 1 of any year, the payment to the county treasurer shall be made on or before November 15 of the following year.

AB323-ASA1, s. 69 Section 69. 77.89 (3) of the statutes is renumbered 77.89 (2) (b) and amended to read:

AB323-ASA1,21,11 77.89 (2) (b) The municipal treasurer shall pay all amounts received under s. 77.84 (2) (b) and (bm) to the county treasurer, as provided under ss. 74.25 and 74.30. The county treasurer shall, by June 30 of each year, pay all amounts received under this subsection paragraph to the department. All amounts received by the department shall be credited to the conservation fund and shall be reserved for land acquisition and resource management activities grants under s. 77.895.

AB323-ASA1, s. 70 Section 70. 77.895 of the statutes is created to read:

AB323-ASA1,21,14 77.895 Grants for land acquisitions for outdoor activities. (1) Definitions. In this section:

AB323-ASA1,21,15 (a) "Board" means the managed forest land board.

AB323-ASA1,21,17 (b) "Land" means land in fee simple, conservation easements, and other easements in land.

AB323-ASA1,21,18 (c) "Local governmental unit" means a town or county.

AB323-ASA1,21,20 (d) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

AB323-ASA1,21,24 (2) Program. The board shall establish a program to award grants from the appropriation under s. 20.370 (1) (cw) to local governmental units, the department, and nonprofit conservation organizations to acquire land to be used for hunting, fishing, hiking, sight-seeing, and cross-country skiing.

AB323-ASA1,22,3 (3) Requirements. The board shall promulgate rules establishing requirements for awarding grants under this subsection. The rules promulgated under this subsection shall include all of the following:

AB323-ASA1,22,5 (a) A requirement that the board give higher priority to counties over other grant applicants in awarding grants under this section.

AB323-ASA1,22,8 (b) A requirement that, in awarding grants to counties under this section, the board give higher priority to counties that have higher numbers of acres that are designated as closed under s. 77.83.

AB323-ASA1,22,11 (c) A requirement that, in awarding grants to towns under this section, the board give higher priority to towns that have higher numbers of acres that are designated as closed under s. 77.83.

AB323-ASA1,22,14 (d) A requirement that no grant may be awarded under this section without it being approved by the board of each county in which the land to be acquired is located.

AB323-ASA1,22,16 (e) Requirements concerning the use of sound forestry practices on land acquired under this section.

AB323-ASA1,22,19 (4) Use of land. Land acquired under this section may be used for purposes in addition to those specified in sub. (1) if the additional uses are compatible with the purposes specified in sub. (1).

AB323-ASA1, s. 71 Section 71 . Initial applicability.

AB323-ASA1,22,22 (1) The treatment of section 77.82 (3) (c) (intro.) of the statutes first applies to management plans that are started on the effective date of this subsection.

AB323-ASA1,23,2 (2) The treatment of section 77.82 (2m) (a), and (e) and (12) of the statutes, the renumbering and amendment of section 77.82 (7) (c) of the statutes, the amendment of section 77.82 (2m) (b) of the statutes, and the creation of section 77.82 (7) (c) 2. of the statutes first applies to applications that are received by the department of natural resources on the effective date of this subsection.

AB323-ASA1,23,5 (3) The treatment of section 77.83 (1) (a) 1. of the statutes first applies to an owner of land that is designated as managed forest land in an order that takes effect on the effective date of this subsection.

AB323-ASA1, s. 72 Section 72. Effective dates. This act takes effect on the day after publication, except as follows:

AB323-ASA1,23,12 (1) The treatment of sections 77.82 (2m) (c), (3) (c) (intro.), (7) (c) 3., and (12) (by Section 36) of the statutes, the amendment of section 77.82 (7) (c) 2. of the statutes, and the repeal and recreation of section 77.82 (2m) (b) of the statutes and Section 71 (1) of this act take effect on the first day of the 19th month beginning after publication.

AB323-ASA1,23,13 (End)