LRBs0139/1
MGG:cjs:jf
2013 - 2014 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO SENATE BILL 278
October 25, 2013 - Offered by Senator Cowles.
SB278-SSA2,1,6
1An Act to renumber and amend 77.88 (9) (d);
to amend 74.25 (1) (a) 6., 74.30
2(1) (f), 77.83 (2) (a), 77.84 (2) (b), 77.84 (2) (bm), 77.88 (3), 77.88 (5) (a) 1., 77.88
3(5) (a) 2., 77.88 (5) (ar) 1., 77.88 (5) (ar) 2., 77.88 (5) (b) 1., 77.88 (5) (b) 2. and
477.89 (2) (a); and
to create 77.81 (1m), 77.81 (5m), 77.83 (2m), 77.84 (2) (bp) and
577.88 (9) (d) 2. of the statutes;
relating to: public access to managed forest land
6that is located in a proposed ferrous mining site.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB278-SSA2,1
7Section
1. 74.25 (1) (a) 6. of the statutes is amended to read:
SB278-SSA2,1,118
74.25
(1) (a) 6. Pay to the county treasurer 20% of collections of occupational
9taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84
10(2) (a) and (am), and all collections of payments for
closed lands under s. 77.84 (2) (b)
11and, (bm)
, and (bp).
SB278-SSA2,2
1Section
2. 74.30 (1) (f) of the statutes is amended to read:
SB278-SSA2,2,52
74.30
(1) (f) Pay to the county treasurer 20% of collections of occupational taxes
3on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2)
4(a) and (am), and all collections of payments for
closed lands under s. 77.84 (2) (b)
and. 5(bm)
, and (bp).
SB278-SSA2,3
6Section
3. 77.81 (1m) of the statutes is created to read:
SB278-SSA2,2,117
77.81
(1m) "Fixed sampling equipment" means physical equipment that will
8be in the same location for more than 24 hours and that is used for the evaluation
9of a proposed ferrous mining site, including equipment that is used for boring,
10drilling, bulk sampling, or obtaining climatological data or other data relating to the
11environment or the state's natural resources.
SB278-SSA2,4
12Section
4. 77.81 (5m) of the statutes is created to read:
SB278-SSA2,2,1513
77.81
(5m) "Proposed ferrous mining site" means a proposed mining site, as
14described under s. 295.46 (1), for which the person proposing to engage in ferrous
15mining has provided preapplication notification under s. 295.465.
SB278-SSA2,5
16Section
5. 77.83 (2) (a) of the statutes is amended to read:
SB278-SSA2,2,1917
77.83
(2) (a) Except as provided in
sub. (1) and pars. (b) and (c)
and subs. (1)
18and (2m), each owner of managed forest land shall permit public access to the land
19for
the purposes of hunting, fishing, hiking, sight-seeing
, and cross-country skiing.
SB278-SSA2,6
20Section
6. 77.83 (2m) of the statutes is created to read:
SB278-SSA2,2,2521
77.83
(2m) Proposed ferrous mining sites. (a) The requirement under sub.
22(2) (a) that public access be permitted on managed forest land designated as open
23does not apply to an area of land within a proposed ferrous mining site that is located
24within 600 feet of fixed sampling equipment or within 600 feet of either side of a road
25that is used for purposes associated with ferrous mining.
SB278-SSA2,3,6
1(b) In addition to any managed forest land for which access is restricted under
2par. (a), the department may restrict public access to open managed forest land
3within a proposed ferrous mining site for any of the purposes specified in sub. (2) (a)
4if the department determines that it is necessary to ensure the safety of the public,
5the employees and agents of the person proposing to engage in ferrous mining, or the
6employees and agents of regulatory bodies.
SB278-SSA2,3,87
(c) No restriction under par. (a) or (b) applies after whichever of the following
83 dates occurs first:
SB278-SSA2,3,109
1. The date on which the department approves or denies the application for a
10ferrous mining permit for the proposed ferrous mining site.
SB278-SSA2,3,1311
2. The date on which the department determines that the person who proposed
12to engage in ferrous mining has ceased to pursue a mining permit for the proposed
13ferrous mining site.
SB278-SSA2,3,1614
3. a. The 730th day after the date on which the person proposing to engage in
15ferrous mining provides to the department a preapplication notification under s.
16295.465, except as provided in subd. 3. b.
SB278-SSA2,3,2017
b. The 730th day after the effective date of this subd. 3. b. .... [LRB inserts date],
18if the person proposing to engage in ferrous mining has provided to the department
19the preapplication notification before the effective date of this subd. 3. b. .... [LRB
20inserts date].
SB278-SSA2,4,221
(d) The department may extend the date under par. (c) 3. for a period of up to
222 additional years if the department determines, after consulting with the person
23proposing to engage in ferrous mining and other regulatory bodies, that it is likely
24that the person, the department, or another regulatory body will need additional
1time to conduct evaluation activities at the proposed ferrous mining site during that
2period.
SB278-SSA2,4,53
(e) Notwithstanding pars. (a) and (b), public access shall always be permitted
4on open managed forest land within a proposed ferrous mining site for any of the
5following:
SB278-SSA2,4,76
1. Fishing that occurs within 50 feet of the water's edge of a class I or class II
7trout stream.
SB278-SSA2,4,108
2. Deer hunting during the regular fall open season for hunting deer with
9firearms that begins on the Saturday immediately preceding the 4th Thursday in
10November.
SB278-SSA2,4,1311
(g) The department shall post information regarding public access to managed
12forest land located in a proposed ferrous mining site on the department's Internet
13site. The information shall include all of the following:
SB278-SSA2,4,1514
1. The areas where public access is permitted, and which activities, as specified
15in sub. (2) (a), are allowed in each area.
SB278-SSA2,4,1716
2. The dates and times that each activity allowed under subd. 1. is permitted
17in a given area.
SB278-SSA2,7
18Section
7. 77.84 (2) (b) of the statutes is amended to read:
SB278-SSA2,4,2419
77.84
(2) (b) For managed forest land orders that take effect before April 28,
202004, in addition to the payment under par. (a), each owner shall pay $1 for each acre
21that is designated as closed under s. 77.83
and for each acre that is located in a
22proposed ferrous mining site and that is not open to all of the outdoor activities
23specified in s. 77.83 (2) (a) for any part of the previous calendar year. The payment
24shall be made to each municipal treasurer on or before January 31.
SB278-SSA2,8
25Section
8. 77.84 (2) (bm) of the statutes is amended to read:
SB278-SSA2,5,8
177.84
(2) (bm) For managed forest land orders that take effect on or after April
228, 2004, in addition to the payment under par. (am), each owner of managed forest
3land shall pay to each municipal treasurer, on or before January 31, an amount that
4is equal to 20 percent of the average statewide property tax per acre of property
5classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
6is designated as closed under s. 77.83
and for each acre that is located in a proposed
7ferrous mining site and that is not open to all of the outdoor activities specified in s.
877.83 (2) (a) for any part of the previous calendar year.
SB278-SSA2,9
9Section
9. 77.84 (2) (bp) of the statutes is created to read:
SB278-SSA2,5,1610
77.84
(2) (bp) For managed forest land orders that take effect before April 28,
112004, in addition to the payments under pars. (a) and (b), each owner of managed
12forest land shall pay to each municipal treasurer, on or before January 31, an amount
13that is equal to 15 percent of the average statewide property tax per acre of property
14classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that
15is located in a proposed ferrous mining site, and that is not open to all of the outdoor
16activities specified in s. 77.83 (2) (a) for any part of the previous calendar year.
SB278-SSA2,10
17Section
10. 77.88 (3) of the statutes is amended to read:
SB278-SSA2,5,2518
77.88
(3) Voluntary withdrawal. An owner may request that the department
19withdraw all or any part of the owner's land meeting one of the requirements
20specified under sub. (2) (a) 1. to 3. If any remaining land meets the eligibility
21requirements under s. 77.82 (1), the department shall issue an order withdrawing
22the land subject to the request and shall assess against the owner the withdrawal
23tax under sub. (5) and the withdrawal fee under sub. (5m).
If the land being
24withdrawn is within a proposed ferrous mining site, the department shall issue the
25order within 30 days after receiving the request.
SB278-SSA2,11
1Section
11. 77.88 (5) (a) 1. of the statutes is amended to read:
SB278-SSA2,6,42
77.88
(5) (a) 1. An amount equal to the past tax liability multiplied by the
3number of years the land was designated as managed forest land, less any amounts
4paid by the owner under ss. 77.84 (2) (a)
and, (am)
, and (bp) and 77.87.
SB278-SSA2,12
5Section
12. 77.88 (5) (a) 2. of the statutes is amended to read:
SB278-SSA2,6,86
77.88
(5) (a) 2. Five percent of the stumpage value of the merchantable timber
7on the land, less any amounts paid by the owner under ss. 77.84 (2) (a)
and, (am)
, and
8(bp) and 77.87.
SB278-SSA2,13
9Section
13. 77.88 (5) (ar) 1. of the statutes is amended to read:
SB278-SSA2,6,1710
77.88
(5) (ar) 1. For the portion of the land that is designated as managed forest
11land under the original order, an amount equal to the product of the total net
12property tax rate in the municipality in the year prior to the year in which the
13expanded order is approved and the assessed value of the land for the same year, as
14computed by the department of revenue, multiplied by the number of years under the
15original order, less any amounts paid by the owner under ss. 77.84 (2) (a)
and (bp) 16and 77.87 during the time the land was designated as managed forest land under the
17original order.
SB278-SSA2,14
18Section
14. 77.88 (5) (ar) 2. of the statutes is amended to read:
SB278-SSA2,6,2519
77.88
(5) (ar) 2. An amount equal to the product of the total net property tax
20rate in the municipality in the year prior to this withdrawal and the assessed value
21of the land for the same year, as computed by the department of revenue, multiplied
22by the number of years the land was designated as land under the expanded order,
23less any amounts paid by the owner under ss. 77.84 (2) (am)
and (bp) and 77.87
24during the time the land is designated as managed forest land under the expanded
25order.
SB278-SSA2,15
1Section
15. 77.88 (5) (b) 1. of the statutes is amended to read:
SB278-SSA2,7,42
77.88
(5) (b) 1. An amount equal to the past tax liability multiplied by the
3number of years since the renewal, less any amounts paid by the owner under ss.
477.84 (2) (a)
and, (am)
, and (bp) and 77.87.
SB278-SSA2,16
5Section
16. 77.88 (5) (b) 2. of the statutes is amended to read:
SB278-SSA2,7,86
77.88
(5) (b) 2. Five percent of the stumpage value of the merchantable timber
7on the land, less any amounts paid by the owner under ss. 77.84 (2) (a)
and, (am)
, and
8(bp) and 77.87.
SB278-SSA2,17
9Section
17. 77.88 (9) (d) of the statutes is renumbered 77.88 (9) (d) 1. and
10amended to read:
SB278-SSA2,7,1411
77.88
(9) (d) 1.
A Except as provided in subd. 2., a withdrawal order issued
12before December 15 of any year takes effect on the January 1 after the date of
13issuance
. A , and a withdrawal order issued on or after December 15 of any year takes
14effect on the 2nd January 1 after the date of issuance.