2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2003 ASSEMBLY BILL 323
November 6, 2003 - Offered by
Joint Committee on Finance.
AB323-ASA2,2,2
1An Act to repeal 77.82 (2m) (c);
to renumber and amend 77.82 (2m) (d), 77.82
2(7) (c), 77.88 (2) (d), 77.89 (2) and 77.89 (3);
to amend 20.370 (1) (cr), 26.97 (1),
374.25 (1) (a) 6., 74.25 (1) (a) 8., 74.30 (1) (f), 74.30 (1) (h), 75.35 (2) (f) 3., 75.36
4(3) (b), 77.81 (4), 77.82 (2m) (a), 77.82 (2m) (b), 77.82 (2m) (e), 77.82 (3) (c)
5(intro.), 77.82 (3) (c) 6., 77.82 (4), 77.82 (7) (c) 2., 77.82 (8), 77.82 (12), 77.82 (12),
677.83 (1) (a) 1., 77.84 (2) (a), 77.84 (2) (b), 77.84 (3) (b), 77.88 (1) (a), 77.88 (1)
7(c), 77.88 (2) (am), 77.88 (2) (b), 77.88 (2) (c), 77.88 (2) (f), 77.88 (3), 77.88 (4),
877.88 (5) (a) 1., 77.88 (5) (a) 2., 77.88 (5) (b) 1., 77.88 (5) (b) 2., 77.88 (7), 77.88
9(8), 77.89 (1), 77.89 (1) and 77.89 (2) (b);
to repeal and recreate 77.82 (2m) (b);
10and
to create 20.370 (1) (cx), 77.82 (2) (cm), 77.82 (2m) (d) 2., 77.82 (2m) (dm),
1177.82 (3) (g), 77.82 (4g), 77.82 (7) (c) 2., 77.82 (7) (c) 3., 77.83 (1m), 77.84 (2) (am),
1277.84 (2) (bm), 77.84 (2) (cm), 77.87 (1g), 77.876, 77.88 (1) (am), 77.88 (2) (d) 2.,
1377.88 (3m) and 77.88 (5m) of the statutes;
relating to: the Managed Forest
1Land Program, allowing managed forest land to be located in cities, requiring
2the 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-ASA2, s. 1
3Section
1. 20.370 (1) (cr) of the statutes is amended to read:
AB323-ASA2,2,64
20.370
(1) (cr)
Forestry — recording fees. All moneys received under ss. 77.82
5(2m)
(d) and (4) and 77.88 (2) (d) for the payment of fees to the registers of deeds under
6s. 77.91 (5).
AB323-ASA2, s. 2
7Section
2. 20.370 (1) (cx) of the statutes is created to read:
AB323-ASA2,2,108
20.370
(1) (cx)
Forestry — management plans. All moneys received under s.
977.82 (2m) (dm) for payment for management plans prepared by plan writers who
10are under contract with the department under s. 77.82 (3).
AB323-ASA2,2,1512
26.97
(1) Arrest a person, with or without a warrant, when the person is
13detected actually committing a violation of this chapter
, subch. VI of ch. 77, or s.
14167.10 (3), 941.10 (1), 941.11, 941.12, 941.13, 943.02 (1), 943.03, 943.04, 943.05 or
15943.06 (2).
AB323-ASA2, s. 4
16Section
4. 74.25 (1) (a) 6. of the statutes is amended to read:
AB323-ASA2,2,2017
74.25
(1) (a) 6. Pay to the county treasurer 20% of collections of occupational
18taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84
19(2) (a)
and (am) and all collections of payments for closed lands under s. 77.84 (2) (b)
20and (bm).
AB323-ASA2, s. 5
21Section
5. 74.25 (1) (a) 8. of the statutes is amended to read:
AB323-ASA2,3,3
174.25
(1) (a) 8. Retain for the taxation district all woodland tax law collections
2under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84
3(2) (a)
and (am).
AB323-ASA2,3,85
74.30
(1) (f) Pay to the county treasurer 20% of collections of occupational taxes
6on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2)
7(a)
and (am) and all collections of payments for closed lands under s. 77.84 (2) (b)
and
8(bm).
AB323-ASA2,3,1210
74.30
(1) (h) Retain for the taxation district all woodland tax law collections
11under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84
12(2) (a)
and (am).
AB323-ASA2, s. 8
13Section
8. 75.35 (2) (f) 3. of the statutes is amended to read:
AB323-ASA2,3,1514
75.35
(2) (f) 3. Any withdrawal tax
and any withdrawal fee due under s. 77.84
15(3) (b).
AB323-ASA2,4,317
75.36
(3) (b) From the net proceeds of the sale of the property, as determined
18under par. (a), first pay any withdrawal tax
and withdrawal fee due under s. 77.84
19(3) (b) and then pay to taxing jurisdictions all special assessments and special
20charges to which the property is subject, including interest and any penalties
21imposed under s. 74.47. If the net proceeds are not sufficient to pay all outstanding
22amounts due, the net proceeds shall be prorated to each taxing jurisdiction based
23upon the ratio that the amount of all special assessments and special charges due
24that taxing jurisdiction bears to the amount of all special assessments and special
25charges levied against the property sold, including interest and any penalties
1imposed under s. 74.47. Amounts payable under this paragraph shall be paid to the
2taxing jurisdiction within 15 days after the last day of the month in which sale
3proceeds become available to the county.
AB323-ASA2,4,55
77.81
(4) "Municipality" means a town
or, village
, or city.
AB323-ASA2,4,97
77.82
(2) (cm) A copy of an instrument that has been recorded in the office of
8the register of deeds of the county in which the property is located that shows the
9ownership of the land subject to the petition.
AB323-ASA2,4,1211
77.82
(2m) (a) Except as provided in par. (b), a petition under sub. (2)
or, (4m)
,
12or (12) shall be accompanied by a nonrefundable application fee of
$100 $300.
AB323-ASA2,4,1814
77.82
(2m) (b) If the petition
under sub. (2), (4m), or (12) is accompanied by a
15proposed management plan as provided in par. (c), the nonrefundable application fee
16shall be
$10 $20 unless a different amount for the fee is established by the
17department by rule at an amount equal to the average expense to the department of
18recording an order issued under this subchapter.
AB323-ASA2, s. 14
19Section
14. 77.82 (2m) (b) of the statutes, as affected by 2003 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB323-ASA2,4,2521
77.82
(2m) (b) If the petition under sub. (2), (4m), or (12) is accompanied by a
22management plan, the nonrefundable application fee shall be $20 unless a different
23amount for the fee is established by the department by rule at an amount equal to
24the average expense to the department of recording an order issued under this
25subchapter.
AB323-ASA2, s. 16
2Section
16. 77.82 (2m) (d) of the statutes is renumbered 77.82 (2m) (d) 1. and
3amended to read:
AB323-ASA2,5,74
77.82
(2m) (d) 1. All the fees collected under this subsection shall be deposited
5in the conservation fund.
The All of the fees collected under par. (b) and
$10 $20 of
6each
$100 $300 fee collected under par. (a) shall be credited to the appropriation
7under s. 20.370 (1) (cr)
, except as provided under subd. 2.
AB323-ASA2,5,129
77.82
(2m) (d) 2. The department may establish by rule a different amount of
10each $300 fee under subd. 1. that will be credited to the appropriation under s. 20.370
11(1) (cr). The amount shall be equal to the average expense to the department of
12recording an order issued under this subchapter.
AB323-ASA2,5,1614
77.82
(2m) (dm) The fees collected under pars. (a) and (e) that are not credited
15to the appropriation under s. 20.370 (1) (cr) shall be credited to the appropriation
16under s. 20.370 (1) (cx).
AB323-ASA2,5,2118
77.82
(2m) (e) If
the proposed a management plan
accompanying a petition
19filed under sub. (2), (4m), or (12) is not approved by the department under its initial
20review under sub. (3) (a), the department shall collect from the petitioner a fee in an
21amount equal to
$100 $300 less the amount the petitioner paid under par.
(c) (b).
AB323-ASA2, s. 20
22Section
20. 77.82 (3) (c) (intro.) of the statutes is amended to read:
AB323-ASA2,5,2523
77.82
(3) (c) (intro.) To qualify for approval, a management plan shall
be
24prepared by a plan writer certified by the department or prepared by the department
25itself and shall include all of the following:
AB323-ASA2,6,42
77.82
(3) (c) 6. A description of the forestry practices, including harvesting,
3thinning and reforestation, that will be undertaken during the term of the order,
4specifying the period
of time in which each
is intended to will be completed.
AB323-ASA2,6,106
77.82
(3) (g) The department shall promulgate rules specifying the
7qualifications that a person must satisfy to become a certified plan writer. For
8management plans prepared by the department under this subsection, the
9department may contract with plan writers certified by the department to prepare
10these plans.
AB323-ASA2,6,2412
77.82
(4) Additions to managed forest land. An owner
of land that is
13designated as managed forest land under an order that takes effect on or after the
14effective date of this subsection .... [revisor inserts date], may petition the
15department to designate as managed forest land an additional parcel of land in the
16same municipality if the additional parcel is at least 3 acres in size and is contiguous
17to any of
the owner's that designated land. The petition shall be accompanied by a
18nonrefundable
$10 $20 application fee unless a different amount
of for the fee is
19established
in the same manner as the fee under sub. (2m) (b) by the department by
20rule at an amount equal to the average expense to the department of recording an
21order issued under this subchapter. The fee shall be deposited in the conservation
22fund and credited to the appropriation under s. 20.370 (1) (cr). The petition shall be
23submitted filed on a department form and shall contain any additional information
24required by the department.
AB323-ASA2,7,7
177.82
(4g) Designation of additional managed forest land for certain
2owners. (a) If an owner of land that is designated as managed forest land under an
3order that takes effect before the effective date of this paragraph .... [revisor inserts
4date], wishes to have an additional parcel of land that is at least 10 acres in size and
5that satisfies the other requirements in sub. (1) designated as managed forest land,
6the owner may petition the department under sub. (2) for a new order covering the
7additional land.
AB323-ASA2,7,168
(b) If an owner of land that is designated as managed forest land under an order
9that takes effect before the effective date of this paragraph .... [revisor inserts date],
10wishes to have designated as managed forest land an additional parcel of land that
11is in the same municipality, that is at least 3 acres in size, that does not satisfy the
12requirements in sub. (1), and that is contiguous to any of that designated land, the
13owner may withdraw the designated land and may petition the department under
14sub. (2) for a new order covering both the withdrawn land and the additional land.
15The withdrawal tax and the withdrawal fee under s. 77.88 (5) and (5m) do not apply
16to a withdrawal under this paragraph.
AB323-ASA2, s. 25
17Section
25
. 77.82 (7) (c) of the statutes is renumbered 77.82 (7) (c) 1. and
18amended to read:
AB323-ASA2,7,2419
77.82
(7) (c) 1. Except as provided in par. (d), if a petition is received on or before
20January 31 of any year from a petitioner who owns less than 1,000 acres in this state
21or on or before March 31 of any year from any
other petitioner
other than a petitioner
22who owns less than 1,000 acres in this state, the department shall investigate and
23shall either approve the petition and issue the order under sub. (8) or deny the
24petition
on or before the following November 21.
AB323-ASA2,8,5
177.82
(7) (c) 2. Except as provided in par. (d), if a petition is received on or before
2July 1 of any year from a petitioner who owns less than 1,000 acres in this state, the
3department shall investigate and shall either approve the petition and issue the
4order under sub. (8) or deny the petition before November 21 of the year following
5the year in which the petition is received.
AB323-ASA2, s. 27
6Section
27. 77.82 (7) (c) 2. of the statutes, as created by 2003 Wisconsin Act
7.... (this act), is amended to read:
AB323-ASA2,8,128
77.82
(7) (c) 2. Except as provided in
subd. 3. or par. (d), if a petition is received
9on or before July 1 of any year from a petitioner who owns less than 1,000 acres in
10this state, the department shall investigate and shall either approve the petition and
11issue the order under sub. (8) or deny the petition before November 21 of the year
12following the year in which the petition is received.
AB323-ASA2,8,2014
77.82
(7) (c) 3. Except as provided in par. (d), if a petition is received on or before
15May 15 of any year from a petitioner who owns less than 1,000 acres in this state,
16who, before the deadline established by the department by rule, submitted a draft
17management plan prepared by a plan writer certified by the department, and who
18submits a completed plan, as defined by the department by rule, with the petition,
19the department shall investigate and shall either approve the petition and issue the
20order under sub. (8) or deny the petition before the following November 21.
AB323-ASA2,9,422
77.82
(8) Order. If a petition under sub. (2)
or, (4m)
, or (12) is approved, the
23department shall issue an order designating the land as managed forest land for the
24time period specified in the petition. If a petition under sub. (4) is approved, the
25department shall amend the original order to include the additional parcel. The
1department shall provide the petitioner with a copy of the order or amended order
2and shall also file a copy with the department of revenue, the supervisor of
3assessments and the clerk of the municipality, and shall record the order with the
4register of deeds in the county, in which the land is located.
AB323-ASA2,9,196
77.82
(12) Renewal. The department shall notify each owner of managed forest
7land of the expiration date of an order no later than the January 31 preceding the
8expiration date. The An owner
of managed forest land may petition the department
9under sub. (2) for renewal of the order.
The A petition
filed by an owner of 1,000 acres
10or more in this state shall be filed no later than the March 31
and before the
11expiration date
of the order. A petition filed by an owner of less than 1,000 acres in
12this state shall be filed no later than the 2nd July 1 before the expiration date of the
13order. The petition shall specify whether the owner wants the order renewed for 25
14or 50 years. The
notice and hearing provisions under subs. (5)
and, (6)
, and (7) do
15not apply to a petition under this subsection. The department may deny the petition
16only if the land fails to meet the eligibility requirements under sub. (1), if the owner
17has failed to comply with the management plan
that is in effect on the date that the
18petition for renewal is filed, or if there are delinquent taxes on the land. If the
19petition is denied, the department shall state the reason for the denial in writing.
AB323-ASA2, s. 31
20Section
31
. 77.82 (12) of the statutes, as affected by 2003 Wisconsin Act ....
21(this act), is amended to read:
AB323-ASA2,9,2522
77.82
(12) Renewal. An owner of managed forest land may petition the
23department under sub. (2) for renewal of the order. A petition filed by an owner of
241,000 acres or more in this state shall be filed no later than the March 31 before the
25expiration date of the order. A petition filed by an owner of less than 1,000 acres in
1this state shall be filed no later than the 2nd July 1 before the expiration date of the
2order
, except that if the owner satisfies the requirement in sub. (7) (c) 3., the petition
3shall be filed no later than the May 15 before the expiration date of the order. The
4petition shall specify whether the owner wants the order renewed for 25 or 50 years.
5The provisions under subs. (5), (6), and (7) do not apply to a petition under this
6subsection. The department may deny the petition only if the land fails to meet the
7eligibility requirements under sub. (1), if the owner has failed to comply with the
8management plan that is in effect on the date that the petition for renewal is filed,
9or if there are delinquent taxes on the land. If the petition is denied, the department
10shall state the reason for the denial in writing.
AB323-ASA2,10,1412
77.83
(1) (a) 1. A maximum of
80
160 acres in the municipality
, of which not
13more than 80 acres may be land designated as managed forest land before the
14effective date of this subdivision .... [revisor inserts date].
AB323-ASA2,10,2516
77.83
(1m) Modification of designation. For a managed forest land order that
17takes effect on or after the effective date of this subsection .... [revisor inserts date],
18the owner of the managed forest land may modify the designation of a closed or open
19area 2 times during the term of the order. For a managed forest land order that takes
20effect before the effective date of this subsection .... [revisor inserts date], the owner
21of the managed forest land may modify the designation of a closed or open area 2
22times during the period beginning with the effective date of this subsection ....
23[revisor inserts date], and ending with the expiration date of the order, regardless of
24whether the owner has previously modified the designation as authorized by rules
25promulgated by the department.
AB323-ASA2,11,52
77.84
(2) (a)
Each For managed forest land orders that take effect before the
3effective date of this paragraph .... [revisor inserts date], each owner of managed
4forest land shall pay to the municipal treasurer an acreage share of 74 cents per acre
5on or before January 31.
AB323-ASA2,11,127
77.84
(2) (am) For managed forest land orders that take effect on or after the
8effective date of this paragraph .... [revisor inserts date], each owner of managed
9forest land shall pay to the municipal treasurer, on or before January 31, an amount
10that is equal to 5 percent of the average statewide property tax per acre of property
11classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre of
12managed forest land.
AB323-ASA2,11,1814
77.84
(2) (b)
In For managed forest land orders that take effect before the
15effective date of this paragraph .... [revisor inserts date], in addition to the payment
16under par. (a), each owner shall pay $1 for each acre that is designated as closed
17under s. 77.83. The payment shall be made to the municipal treasurer on or before
18January 31.
AB323-ASA2,12,220
77.84
(2) (bm) For managed forest land orders that take effect on or after the
21effective date of this paragraph .... [revisor inserts date], in addition to the payment
22under par. (am), each owner of managed forest land shall pay to the municipal
23treasurer, on or before January 31, an amount that is equal to 20 percent of the
24average statewide property tax per acre of property classified under s. 70.32 (2) (a)
16., as determined under par. (cm), for each acre that is designated as closed under
2s. 77.83.
AB323-ASA2,12,104
77.84
(2) (cm) For purposes of determining the per acre amounts under pars.
5(am) and (bm), in the year in which this paragraph takes effect .... [revisor inserts
6date], and in 2007 and each 5th year thereafter, the department of revenue shall
7determine the average statewide tax per acre of property classified under s. 70.32 (2)
8(a) 6. by multiplying the average equalized value of property classified under s. 70.32
9(2) (a) 6., as determined under s. 70.57, by the average tax rate determined under s.
1076.126.
AB323-ASA2,12,1912
77.84
(3) (b) Immediately after receiving the certification of the county clerk
13that a tax deed has been taken, the department shall issue an order withdrawing the
14land as managed forest land. The notice requirement under s. 77.88 (1) does not
15apply to the department's action under this paragraph. The department shall notify
16the county treasurer of the amount of the
withdrawal fee under s. 77.88 (5m) and the 17withdrawal tax, as determined under s. 77.88 (5)
, and the. The amount of the tax
and
18the fee shall be payable to the department under s. 75.36 (3) if the property is sold
19by the county. The amount shall be credited to the conservation fund.
