LRBs0396/1
MGG&RNK:eev&cjs:jm
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 700
March 20, 2014 - Offered by Representative Mursau.
AB700-ASA2,3,8
1An Act to repeal 20.370 (1) (cx), 77.81 (5), 77.82 (1) (bn), 77.82 (2m) (ac), 77.82
2(2m) (ag), 77.82 (2m) (am), 77.82 (2m) (c), 77.82 (2m) (dm) 1., 77.82 (2m) (dm)
32., 77.82 (3) (am), 77.82 (4g), 77.82 (4m) (d), 77.83 (2) (am), 77.83 (4) (b), 77.86
4(2), 77.86 (3) (title), 77.87 (1g) (d), 77.88 (2) (a) 1., 77.88 (3g), 77.88 (4), 77.88 (5)
5(a) 1. and 2., 77.88 (5) (ab), 77.88 (5) (ar), 77.88 (5) (b), 77.88 (5) (c), 77.88 (6) and
677.91 (3);
to renumber 77.81 (1), 77.83 (1m), 77.83 (4) (a), 77.86 (1) (a), 77.86
7(1) (b) and 77.89 (2) (b);
to renumber and amend 28.11 (8) (a), 77.06 (1), 77.81
8(2m), 77.82 (12), 77.83 (1), 77.86 (1) (title), 77.86 (1) (c), 77.86 (1) (d), 77.86 (3),
977.88 (2) (a) (intro.), 77.88 (2) (a) 2., 77.88 (2) (a) 3., 77.88 (2) (e), 77.88 (2) (f),
1077.88 (3), 77.88 (5) (a) (intro.) and 77.89 (2) (a);
to amend 20.370 (5) (bv), 20.370
11(5) (bz), 74.23 (1) (a) 2., 74.25 (1) (a) 2., 74.25 (1) (a) 3., 74.25 (1) (a) 6., 74.30 (1)
12(b), 74.30 (1) (c), 74.30 (1) (f), 77.07 (2), 77.07 (3), 77.81 (6), 77.82 (1) (a) 1., 77.82
13(1) (a) 2., 77.82 (1) (b) 3., 77.82 (2m) (title), 77.82 (3) (title), 77.82 (3) (ag), 77.82
1(3) (ar), 77.82 (3) (c) (intro.), 77.82 (3) (g), 77.82 (4), 77.83 (2) (a), 77.83 (2) (b),
277.84 (3) (b), 77.86 (4), 77.86 (5) (a), 77.86 (5) (b), 77.87 (5), 77.876 (1), 77.876
3(4), 77.88 (title), 77.88 (1) (b) 1., 77.88 (2) (b), 77.88 (2) (c), 77.88 (3) (title), 77.88
4(5) (am) 1., 77.88 (5m), 77.88 (7), 77.88 (8) (b), 77.883 (3), 77.885 (intro.), 77.89
5(1) (title), 77.89 (2) (title), 77.895 (2), 77.91 (3m) and 167.31 (4) (cr);
to repeal
6and recreate 77.86 (title); and
to create 28.11 (8) (a) 2., 77.10 (2) (d), 77.81
7(1d), 77.81 (2r), 77.81 (4m), 77.82 (1) (a) 1m., 77.82 (1) (b) 4., 77.82 (1) (bp), 77.82
8(3m), 77.82 (12) (a) 2., 77.82 (12) (a) 4., 77.82 (12) (a) 5., 77.82 (12) (a) 6., 77.83
9(1b), 77.83 (1c), 77.83 (1m) (b), 77.83 (2) (ar), 77.83 (2) (d), 77.86 (1g) (title), 77.86
10(4m), 77.88 (2) (a) (title), 77.88 (2) (ac) (title), 77.88 (2) (am) (title), 77.88 (2) (d)
11(title), 77.88 (2m), 77.88 (3) (am), 77.88 (3) (b) (title), 77.88 (3) (b) 1. (intro.) and
122., 77.88 (3) (c), 77.88 (3) (d), 77.88 (3j), 77.88 (3k), 77.88 (3L), 77.88 (4m), 77.88
13(5) (ac), 77.88 (5) (am) (title), 77.89 (3) (title) and 77.91 (7) of the statutes;
14relating to: eligibility requirements under the managed forest land program
15relating to parcel size and production of merchantable timber, management
16plans for managed forest lands, orders adding and withdrawing managed forest
17land, renewal of orders designating managed forest land, areas of managed
18forest lands that are open for public access, allowing managed forest lands to
19be used for recreational activities, regulation of cutting of timber on managed
20forest land and on forest croplands, withdrawal taxes and fees imposed on the
21withdrawal of managed forest land and yield taxes imposed for cutting timber
22from managed forest land, the sale or transfer of managed forest land,
23expiration of orders designating managed forest land, withdrawal of forest
24croplands that are held in trust for Indian tribes, a study of the managed forest
25land program, a report on exempt withdrawals from the managed forest land
1program and the forest cropland program, elimination of references to the
2woodland tax law, grants for land acquisition for certain outdoor activities,
3payments to counties for designated county forest lands, distribution of
4amounts paid to municipalities by owners of closed managed forest lands,
5extending the time limit for emergency rule procedures, providing an
6exemption from emergency rule procedures, granting rule-making authority,
7requiring the exercise of rule-making authority, making an appropriation, and
8providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB700-ASA2,1
9Section
1. 20.370 (1) (cx) of the statutes is repealed.
AB700-ASA2,2
10Section
2. 20.370 (5) (bv) of the statutes is amended to read:
AB700-ASA2,3,1411
20.370
(5) (bv)
Resource aids — county forests, forest croplands and managed
12forest land aids. A sum sufficient to pay county forest aids under s. 28.11 (8) (a),
13forest
croplands cropland aids under subch. I of ch. 77 and managed forest land aids
14under ss. 77.85 and 77.89 (1).
AB700-ASA2,3
15Section
3. 20.370 (5) (bz) of the statutes is amended to read:
AB700-ASA2,3,1916
20.370
(5) (bz)
Resource aids — forestry outdoor activity grants. As a
17continuing appropriation, the amounts in the schedule for A sum sufficient to award 18grants
awarded by the managed forest land board under s. 77.895.
No moneys may
19be encumbered from this appropriation before July 1, 2015.
AB700-ASA2,4
20Section
4. 28.11 (8) (a) of the statutes is renumbered 28.11 (8) (a) 1. and
21amended to read:
AB700-ASA2,4,422
28.11
(8) (a) 1.
As Except as provided in subd. 2., as soon after April 20 of each
23year as feasible, the department shall pay to each town treasurer 30 cents per acre,
1based on the acreage of such lands as of the preceding June 30, as a grant out of the
2appropriation made by s. 20.370 (5) (bv) on each acre of county lands entered under
3this section.
This subdivision does not apply to payments required to be paid by the
4department after 2013.
AB700-ASA2,5
5Section
5. 28.11 (8) (a) 2. of the statutes is created to read:
AB700-ASA2,4,106
28.11
(8) (a) 2. As soon after April 20, 2014, as feasible, and as soon after April
720 of each year thereafter as feasible, the department shall pay to each town
8treasurer 55 cents per acre, based on the acreage of such lands as of the preceding
9June 30, as a grant out of the appropriation made by s. 20.370 (5) (bv) on each acre
10of county lands entered under this section.
AB700-ASA2,6
11Section
6. 74.23 (1) (a) 2. of the statutes is amended to read:
AB700-ASA2,4,1512
74.23
(1) (a) 2. Pay to the proper treasurer all collections of special
13assessments, special charges and special taxes, except that occupational taxes under
14ss. 70.40 to 70.421 and forest cropland
, woodland and managed forest land taxes
15under ch. 77 shall be settled for under s. 74.25 (1) (a) 1. to 8.
AB700-ASA2,7
16Section
7. 74.25 (1) (a) 2. of the statutes is amended to read:
AB700-ASA2,4,2017
74.25
(1) (a) 2. Pay to the proper treasurer all collections of special
18assessments, special charges and special taxes, except that occupational taxes under
19ss. 70.40 to 70.421 and forest cropland
, woodland and managed forest land taxes
20under ch. 77 shall be settled for under subds. 5. to 8.
AB700-ASA2,8
21Section
8. 74.25 (1) (a) 3. of the statutes is amended to read:
AB700-ASA2,4,2522
74.25
(1) (a) 3. Retain all collections of special assessments, special charges and
23special taxes due to the taxation district, except that occupational taxes under ss.
2470.40 to 70.421 and forest cropland
, woodland and managed forest land taxes under
25ch. 77 shall be settled for under subds. 5. to 8.
AB700-ASA2,5,63
74.25
(1) (a) 6. Pay to the county treasurer 20% of collections of occupational
4taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84
5(2) (a)
and, (am)
, and (bp), and all collections of payments for lands under s. 77.84 (2)
6(b)
, and (bm)
, and (bp).
AB700-ASA2,10
7Section
10. 74.30 (1) (b) of the statutes is amended to read:
AB700-ASA2,5,118
74.30
(1) (b) Pay to the proper treasurer all collections of special assessments,
9special charges and special taxes, except that occupational taxes under ss. 70.40 to
1070.421 and forest cropland
, woodland and managed forest land taxes under ch. 77
11shall be settled for under pars. (e) to (h).
AB700-ASA2,11
12Section
11. 74.30 (1) (c) of the statutes is amended to read:
AB700-ASA2,5,1613
74.30
(1) (c) Retain all collections of special assessments, special charges and
14special taxes due to the taxation district, except that occupational taxes under ss.
1570.40 to 70.421 and forest cropland
, woodland and managed forest land taxes under
16ch. 77 shall be settled for under pars. (e) to (h).
AB700-ASA2,5,2219
74.30
(1) (f) Pay to the county treasurer 20% of collections of occupational taxes
20on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2)
21(a)
and, (am)
, and (bp), and all collections of payments for lands under s. 77.84 (2) (b)
, 22and (bm)
, and (bp).
AB700-ASA2,13
23Section
13. 77.06 (1) of the statutes is renumbered 77.06 (1) (a) and amended
24to read:
AB700-ASA2,6,8
177.06
(1) (a)
No Except as provided in par. (b), no person shall cut any
2merchantable wood products on any forest croplands where the forest
crop cropland 3taxes are delinquent nor until 30 days after the owner has filed with the department
4of natural resources a notice of intention to cut, specifying by descriptions and the
5estimated amount of wood products to be removed and the proportion of present
6volume to be left as growing stock in the area to be cut.
The owner of a large property,
7as defined in s. 77.81 (2r), does not have to file a notice of intention to cut if all of the
8requirements under s. 77.86 (4m) (a) have been met.
AB700-ASA2,6,14
9(b) The department of natural resources may require a bond executed by some
10surety company licensed in this state or other surety for such amount as may
11reasonably be required for the payment to the department of natural resources of the
12severance tax
hereinafter provided prescribed in sub. (5). The department, after
13examination of the lands specified, may prescribe the amount of forest products to
14be removed.
AB700-ASA2,6,17
15(c) Cutting in excess of the amount prescribed shall render the owner liable to
16double the severance tax prescribed in
s. 77.06 sub. (5) and subject to cancellation
17under s. 77.10.
AB700-ASA2,6,19
18(d) Merchantable wood products include all wood products except wood used
19for fuel by the owner.
AB700-ASA2,14
20Section
14. 77.07 (2) of the statutes is amended to read:
AB700-ASA2,7,421
77.07
(2) Penalty, collections. If any severance tax
remain remains unpaid
22for 30 days after it becomes due, there shall then be added a penalty of 10 percent,
23and such tax and penalty shall thereafter draw interest at the rate of one percent per
24month until paid. At the expiration of said 30 days the department of natural
25resources shall report to the attorney general any unpaid severance tax, adding said
1penalty, and the attorney general shall thereupon proceed to collect the same with
2penalty and interest by suit against the owner and by attachment or other legal
3means to enforce the lien and by action on the bond mentioned in s. 77.06 (1)
(b), or
4by any or all such means.
AB700-ASA2,15
5Section
15. 77.07 (3) of the statutes is amended to read:
AB700-ASA2,7,116
77.07
(3) Distribution of severance tax. All severance taxes collected under
7this subchapter shall be distributed as follows: The state shall retain an amount
8equal to the total acreage payments on the lands to which the severance taxes relate,
9made by the state under s. 77.05, and all penalties imposed under sub. (2) and s. 77.06
10(1)
(c), and the balance shall be paid to the town treasurer to be apportioned as
11provided in s. 77.04 (3).
AB700-ASA2,16
12Section
16. 77.10 (2) (d) of the statutes is created to read:
AB700-ASA2,7,1613
77.10
(2) (d) Upon request of an Indian tribe, the department shall issue an
14order of withdrawal for the land that is owned in fee and that is subject to a contract
15under s. 77.03. The land withdrawn is not subjected to the tax payment calculated
16under par. (a) if all of the following apply:
AB700-ASA2,7,1817
1. The Indian tribe provides the department the date of the order to transfer
18the land to the United States to be held in trust for the tribe.
AB700-ASA2,7,2119
2. The tribe and the department have in effect a written agreement under
20which the tribe agrees that the land shall continue to be treated as forest croplands
21until the date on which the contract under s. 77.03 would have expired.
AB700-ASA2,17
22Section
17. 77.81 (1) of the statutes is renumbered 77.81 (1j).
AB700-ASA2,18
23Section
18. 77.81 (1d) of the statutes is created to read:
AB700-ASA2,8,3
177.81
(1d) "Building" includes any structure used for sheltering people,
2machinery, animals, or plants; used for storing property; used for parking, sales, or
3display space; or used as a place of employment.
AB700-ASA2,19
4Section
19. 77.81 (2m) of the statutes is renumbered 77.81 (1g) and amended
5to read:
AB700-ASA2,8,86
77.81
(1g) "
Independent certified
Certified plan writer" means a plan writer
7certified by the department
but who is not acting under contract with the department 8under s. 77.82 (3) (g).
AB700-ASA2,20
9Section
20. 77.81 (2r) of the statutes is created to read:
AB700-ASA2,8,1210
77.81
(2r) "Large property" means one or more separate parcels of land that
11are under the same ownership, that collectively are greater than 1,000 acres in size,
12and that are managed forest land or forest croplands or a combination thereof.
AB700-ASA2,21
13Section
21. 77.81 (4m) of the statutes is created to read:
AB700-ASA2,8,1514
77.81
(4m) "Natural disaster" means fire, ice, snow, wind, flooding, insects, or
15disease.
AB700-ASA2,22
16Section
22. 77.81 (5) of the statutes is repealed.
AB700-ASA2,23
17Section
23. 77.81 (6) of the statutes is amended to read:
AB700-ASA2,8,2118
77.81
(6) "Recreational activities"
include means recreational outdoor
19activities that are compatible with the practice of forestry, as determined by the
20department. "Recreational activities" includes hunting, fishing, hiking,
21sight-seeing, cross-country skiing, horseback riding, and staying in cabins.
AB700-ASA2,24
22Section
24. 77.82 (1) (a) 1. of the statutes is amended to read:
AB700-ASA2,8,2523
77.82
(1) (a) 1. It consists of at least 10 contiguous acres
, except as provided in
24this subdivision. The. This subdivision applies to applications under sub. (2), (4m),
25or (12) that are filed before June 2, 2014.
AB700-ASA2,9,7
1(am) For purposes of par. (a) 1. and 1m., the fact that a lake, river, stream or
2flowage, a public or private road or a railroad or utility right-of-way separates any
3part of the land from any other part does not render a parcel of land noncontiguous.
4If a part of a parcel of at least 10 contiguous acres is separated from another part of
5that parcel by a public road, that part of the parcel may be enrolled in the program,
6even if that part is less than 10 acres, if that part meets the requirement under subd.
72. and is not ineligible under par. (b).
AB700-ASA2,25
8Section
25. 77.82 (1) (a) 1m. of the statutes is created to read:
AB700-ASA2,9,119
77.82
(1) (a) 1m. a. It consists of at least 15 contiguous acres. This subdivision
10applies to applications under sub. (2), (4m), or (12) that are filed on or after June 2,
112014.
AB700-ASA2,9,1612
b. Notwithstanding subd. 1m. a., a parcel may be less than 15 contiguous acres
13if the application is one for renewal of an order under sub. (12), if the order has not
14been previously renewed, if the parcel is at least 10 contiguous acres, and if the owner
15has complied with the management plan that applies to the parcel throughout the
16term of the order.
AB700-ASA2,26
17Section
26. 77.82 (1) (a) 2. of the statutes is amended to read: