365,53
Section
53. 77.82 (8) of the statutes is amended to read:
77.82 (8) Order. If a petition an application under sub. (2), (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
application. If a petition an application under sub. (4) is approved, the department shall amend the original order to include the additional parcel. The department shall provide the petitioner applicant 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 each municipality in which the land is located, and shall record the order with the register of deeds in each county in which the land is located.
365,54
Section
54. 77.82 (10) of the statutes is amended to read:
77.82 (10) Denial. If the department denies a petition an application, it shall notify the petitioner applicant in writing, stating the reason for the denial.
365,55
Section
55. 77.82 (11) of the statutes is amended to read:
77.82 (11) Duration. An order under this subchapter remains in effect for the period specified in the petition application unless the land is withdrawn under s. 77.84 (3) (b) or 77.88. An amendment to or repeal of this subchapter does not affect the terms of an order or management plan, except as expressly agreed to in writing by the owner and the department and except as provided in sub. (11m).
365,56
Section
56. 77.82 (11g) of the statutes is amended to read:
77.82 (11g) Withdrawal tax on converted forest croplands prohibited. No tax or interest may be assessed under s. 77.10 (2) (a) on land converted to managed forest land pursuant to a petition an application approved under sub. (7) (d).
365,57b
Section 57b. 77.82 (12) of the statutes is amended to read:
77.82 (12) Renewal. An owner of managed forest land may petition file an application with the department under sub. (2) for renewal of the order. A petition filed by an owner of 1,000 acres or more in this state An application for renewal shall be filed no later than the March 31 June 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, except that if the owner satisfies the requirement in sub. (7) (c) 3., the petition shall be filed no later than the May 15 before the expiration date of the order. The petition application shall specify whether the owner wants the order renewed for 25 or 50 years. The provisions under subs. (5), (6), and (7) do not apply to a petition an application under this subsection. The department may deny the petition application 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 application for renewal is filed, or if there are delinquent taxes on the land. If the petition application is denied, the department shall state the reason for the denial in writing.
365,58
Section
58. 77.86 (1) (c) of the statutes is amended to read:
77.86 (1) (c) If the proposed cutting conforms to the management plan and is consistent with sound forestry practices, the department shall approve the request.
365,59
Section
59. 77.86 (1) (d) of the statutes is amended to read:
77.86 (1) (d) If the proposed cutting does not conform to the management plan or is not consistent with sound forestry practices, the department shall assist the owner in developing an acceptable proposal before approving the request.
365,60
Section
60. 77.86 (5) (a) of the statutes is amended to read:
77.86 (5) (a) Any person who fails to file the notice required under sub. (1) (b) or, who
intentionally fails to file a report as required under sub. (4), or who files a false report under sub. (4) shall forfeit not more than $1,000.
365,61
Section
61. 77.86 (5) (b) of the statutes is amended to read:
77.86 (5) (b) Any owner who intentionally cuts merchantable timber in violation of this section is subject to a forfeiture equal to 20% of the current value of the merchantable timber cut, based on the stumpage value established under s. 77.91 (1).
365,62
Section
62. 77.87 (1) of the statutes is amended to read:
77.87 (1) Taxation. The department shall assess a yield tax against each owner who cuts merchantable timber and files a report under s. 77.86. If the owner fails to timely file a report under s. 77.86 (4), the department shall determine the value of the merchantable timber cut for the assessment of the yield tax. The yield tax shall equal 5% of the value of the merchantable timber cut, based on the stumpage value established under s. 77.91 (1). The department shall mail a copy of the certificate of assessment to the owner at the owner's last-known address.
365,63
Section
63. 77.87 (1g) (a) of the statutes is amended to read:
77.87 (1g) (a) An order converting forest cropland to managed forest land pursuant to a petition an application approved under s. 77.82 (7) (d).
365,64
Section
64. 77.87 (1g) (d) of the statutes is amended to read:
77.87 (1g) (d) A An order petitioned for for which an application is filed under s. 77.82 (4g) (b).
365,65
Section
65. 77.87 (2) of the statutes is amended to read:
77.87 (2) Supplemental yield tax. At any time within one year after a report is filed under s. 77.86 (4), the department, after notifying the owner and providing the owner with the opportunity for a hearing, may determine whether the report is accurate. If the department determines that the quantity of merchantable timber cut exceeded the amount on which the tax was assessed under sub. (1), the department shall assess a supplemental yield tax on the additional amount as provided under sub. (1).
365,66
Section
66. 77.87 (3) of the statutes is amended to read:
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 next 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.
365,67
Section
67. 77.88 (1) (b) 3. of the statutes is amended to read:
77.88 (1) (b) 3. Intentional cutting
Cutting by the owner in violation of s. 77.86.
365,68
Section
68. 77.88 (2) (b) of the statutes is amended to read:
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 file an application with 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.
365,69
Section
69. 77.88 (2) (d) 1. of the statutes is amended to read:
77.88 (2) (d) 1. Within 10 30 days after a transfer of ownership, the former owner transferee 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 $100 fee which transferee shall pay a $100 fee that will accompany the report. The fee shall be deposited in the conservation fund. 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).
365,70
Section
70. 77.88 (2) (e) of the statutes is amended to read:
77.88 (2) (e) The transferred land shall remain managed forest land if the transferee, within 30 days after the transfer, certifies to the department an intent to comply with the existing management plan for the land and with any amendments agreed to by the department and the transferee to the plan, and provides proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land closed to public access as provided under s. 77.83. The department shall issue an order continuing the designation of the land as managed forest land under the new ownership.
365,71
Section
71. 77.88 (4) of the statutes is amended to read:
77.88 (4) Nonrenewal. If an owner does not petition file with the department an application 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) or withdrawal fee under sub. (5m) may be assessed.
365,72
Section
72. 77.88 (5) (ab) 1. of the statutes is amended to read:
77.88 (5) (ab) 1. "Expanded order" means an order approved under s. 77.82 (8) that is petitioned for
for which an application is filed under s. 77.82 (4g) (b).
365,73
Section
73. 77.88 (5) (am) (intro.) of the statutes is amended to read:
77.88 (5) (am) (intro.) For land that is withdrawn within 10 years after the date on which an initial managed forest land order was issued under s. 77.82 (8) for a petition an application approved under s. 77.82 (7) (d), the withdrawal tax shall be the higher of the following:
365,74
Section
74. 77.88 (5g) of the statutes is created to read:
77.88 (5g) Estimates of withdrawal tax. (a) Upon the request of an owner of managed forest land, the department of revenue, with the assistance of the department, shall prepare an estimate of the amount of withdrawal tax that would be assessed under sub. (5) if the department were to issue an order to withdraw the land under this section.
(b) A request from an owner under this subsection shall be accompanied by a nonrefundable fee payable to the department of revenue of either $100 or the alternative nonrefundable fee calculated under par. (c), whichever is greater.
(c) The alternative nonrefundable fee shall be calculated by multiplying the total number of whole and partial acres by $5.
365,75
Section
75. 77.88 (6) of the statutes is amended to read:
77.88 (6) Determination of stumpage value. In determining the stumpage value of merchantable timber for purposes of this section, an estimator agreed upon by the parties or, if they cannot agree, a forester appointed by a judge of the circuit court in the county in which the land is located shall estimate the volume of merchantable timber on the land. The estimate obtained shall be final. The department shall determine the current stumpage value of the merchantable timber, based on the rule promulgated applicable stumpage value established under s. 77.91 (1). The owner shall pay the entire cost of obtaining the estimate.
365,76
Section
76. 77.90 of the statutes is amended to read:
77.90 Right to hearing. A petitioner An applicant under s. 77.82 or an owner of managed forest land who is adversely affected by a decision of the department under this subchapter is entitled to a contested case hearing under ch. 227.
365,77
Section
77. 77.91 (1) of the statutes is amended to read:
77.91 (1) Rule making; stumpage value Stumpage values. Each year the department shall promulgate a rule establishing a establish reasonable stumpage
value values for the merchantable timber grown in the municipalities in which managed forest land is located. If the department finds that stumpage values vary in different parts of the state, it may establish different zones and specify the stumpage value for each zone. The rule
stumpage value shall take effect on November 1 of each year. Notwithstanding s. 227.11, the department may not promulgate or have in effect rules that established stumpage values.
365,78
Section
78. 170.12 (5) of the statutes is amended to read:
170.12 (5) Reservation of value. The state reserves to itself 30% of the stumpage value, as established
by the department of natural resources by rule promulgated under s. 77.91 (1), of any log raised pursuant to a permit issued under this section.
365,80m
Section 80m. 710.12 of the statutes is created to read:
710.12 Disclosure regarding managed forest land. If real property, or any portion of the real property, that is being sold will, after the sale, continue to be subject to an order designating it as managed forest land under subch. VI of ch. 77, the owner of the property shall, no later than 10 days after the acceptance by the owner of the contract of sale or of the option contract, provide a written disclosure to the prospective buyer that the real property will continue to be subject to the order after the property is transferred. The disclosure shall explain that terms of orders designating managed forest land are for 25 or 50 years. The disclosure shall state that the division of forestry in the department of natural resources monitors management plan compliance under the managed forest land program, and shall provide information as to how to contact the division of forestry. The disclosure shall contain the following statement: "Changes you make to property that is subject to an order designating it as managed forest land, or to its use, may jeopardize your benefits under the program or may cause the property to be withdrawn from the program and may result in the assessment of penalties."
365,81
Section
81
.
Initial applicability.
(1)
Managed forest land applications and management plans. The treatment of sections 20.370 (1) (cx) and 77.82 (2) (dm) and (e) (by Section 12), (2m) (ac), (am), (c), (d), and (dm) 1., and (3) (am), (c) (intro.), and (g) of the statutes, the repeal of section 77.82 (2) (i) and (2m) (a) 2. of the statutes, the renumbering of section 77.82 (2m) (a) 1. of the statutes, and the renumbering and amendment of section 77.82 (2m) (e) and (3) (a) of the statutes first apply to applications filed on the effective date of this subsection.
(2) Investigations on applications. The treatment of section 77.82 (7) (c) 1., 2., and 3. of the statutes first applies to applications filed on the effective date of this subsection.
(3) Cutting reports. The treatment of sections 77.86 (5) (a) and (b), 77.87 (1) and (2) and 77.88 (1) (b) 3. of the statutes first applies to cutting of merchantable timber for which a cutting report is required on the effective date of this subsection.
(4) Transfers of managed forest land ownership. The treatment of section 77.88 (2) (d) 1. of the statutes first applies to transfers of ownership that occur on the effective date of this subsection.
(5) Estimates of withdrawal tax. The treatment of section 77.88 (5g) of the statutes first applies to notifications of investigations for withdrawing managed forest land that are issued on the effective date of this subsection.
(6m) Real estate disclosure. The treatment of section 710.12 of the statutes first applies to acceptances of contracts of sale or of option contracts that occur on the effective date of this subsection.
365,82
Section
82.
Effective dates. This act takes effect on the day of publication, except as follows:
(1) Managed forest land applications and management plans. The treatment of sections 20.370 (1) (cx) and 77.82 (2) (dm) and (e) (by Section 12), (2m) (ac), (am), (c), (d), and (dm) 1., and (3) (am), (c) (intro.), and (g) of the statutes, the repeal of section 77.82 (2) (i) and (2m) (a) 2. of the statutes, the renumbering of section 77.82 (2m) (a) 1. of the statutes, and the renumbering and amendment of section 77.82 (2m) (e) and (3) (a) of the statutes and Section 81 (1) of this act take effect on the 2nd June 1 after publication.
(2) Estimates of withdrawal tax. The treatment of section 77.88 (5g) of the statutes and Section 81 (5
) of this act take effect on the first day of the 4th month beginning after publication.
(3) Real estate disclosure. The treatment of section 710.12 of the statutes and Section 81 (6m) of this act take effect on the first January 1 beginning after publication.
