SB590: Bill Text

SB590,19,10 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).

SB590, s. 72 Section 72. 77.88 (5) (am) (intro.) of the statutes is amended to read:

SB590,19,15 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 For land that is withdrawn within 10 years after the date on which an initial managed forest land order was issued under s. 77.82 (8) for a petition an application approved under s.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:

SB590, s. 73 Section 73. 77.88 (5g) of the statutes is created to read:

SB590,19,21 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.

SB590,19,24 (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.

SB590,20,2 (c) The alternative nonrefundable fee shall be calculated by multiplying the total number of whole and partial acres by $5.

SB590, s. 74 Section 74. 77.88 (6) of the statutes is amended to read:

SB590,20,11 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.

SB590, s. 75 Section 75. 77.90 of the statutes is amended to read:

SB590,20,15 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.

SB590, s. 76 Section 76. 77.91 (1) of the statutes is amended to read:

SB590,20,24 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.

SB590, s. 77 Section 77. 170.12 (5) of the statutes is amended to read:

SB590,21,4 170.12 (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.

SB590, s. 78 Section 78. 709.03 (form) D. 1m. of the statutes is created to read:

SB590,21,6 709.03 (form) - See PDF for table

SB590, s. 79 Section 79. 710.12 of the statutes is created to read:

SB590,21,14 710.12 Disclosure regarding managed forest land. An owner of real property located in this state who is not required to furnish to a prospective buyer a real estate condition report under s. 709.02 shall, not later than 10 days after acceptance of a contract of sale or of an option contract, in writing disclose to a prospective buyer of the real property whether the property, or any portion of the property, after transfer to the buyer, is subject to an order designating it as managed forest land under subch. VI of ch. 77.

SB590, s. 80 Section 80 . Nonstatutory provisions.

SB590,21,22 (1) Real estate condition reports. Notwithstanding section 709.035 of the statutes, the creation of section 709.03 (form) D. 1m. of the statutes, as created by this act, does not require a property owner who has furnished to a prospective buyer of the property an original or amended real estate condition report before the effective date of this subsection to submit an amended real estate condition report with respect to the information required by section 709.03 (form) D. 1m. of the statutes, as created by this act.

SB590, s. 81 Section 81 . Initial applicability.

SB590,22,8 (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.

SB590,22,11 (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.

SB590,22,14 (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.

SB590,22,17 (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.

SB590,22,20 (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.

SB590,22,23 (6) Real estate condition reports. The treatment of section 709.03 (form) D. 1m. of the statutes first applies to real estate condition reports that are furnished on the effective date of this subsection.

SB590,23,3 (7) Real estate disclosures. 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.

SB590, s. 82 Section 82. Effective dates. This act takes effect on the day of publication, except as follows:

SB590,23,12 (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.

SB590,23,15 (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.

SB590,23,18 (3) Real estate condition reports. The treatment of section 709.03 (form) D. 1m. of the statutes and Sections 80 (1) and 81 (6 ) of this act take effect on the first day of the 7th month beginning after publication.

SB590,23,21 (4) Real estate disclosures. The treatment of section 710.12 of the statutes and Section 81 (7) of this act take effect on the first day of the the 7th month beginning after publication.

SB590,23,22 (End)