AB700: Bill Text

AB700,10,9 77.07 (2) Penalty, collections. If any severance tax remain remains unpaid for 30 days after it becomes due, there shall then be added a penalty of 10 percent, and such tax and penalty shall thereafter draw interest at the rate of one percent per month until paid. At the expiration of said 30 days the department of natural resources shall report to the attorney general any unpaid severance tax, adding said penalty, and the attorney general shall thereupon proceed to collect the same with penalty and interest by suit against the owner and by attachment or other legal means to enforce the lien and by action on the bond mentioned in s. 77.06 (1) (b), or by any or all such means.

AB700,10 Section 10. 77.07 (3) of the statutes is amended to read:

AB700,10,16 77.07 (3) Distribution of severance tax. All severance taxes collected under this subchapter shall be distributed as follows: The state shall retain an amount equal to the total acreage payments on the lands to which the severance taxes relate, made by the state under s. 77.05, and all penalties imposed under sub. (2) and s. 77.06 (1) (c), and the balance shall be paid to the town treasurer to be apportioned as provided in s. 77.04 (3).

AB700,11 Section 11. 77.10 (2) (d) of the statutes is created to read:

AB700,10,21 77.10 (2) (d) Upon request of an Indian tribe, the department shall issue an order of withdrawal for the land that is owned in fee and that is subject to a contract under s. 77.03. The land withdrawn is not subjected to the tax payment calculated under par. (a) if all of the following apply:

AB700,10,23 1. The Indian tribe provides the department the date of the order to transfer the land to the United States to be held in trust for the tribe.

AB700,11,3 2. The tribe and the department have in effect a written agreement under which the tribe agrees that the land shall continue to be treated as forest croplands until the date on which the contract under s. 77.03 would have expired.

AB700,12 Section 12. 77.81 (1) of the statutes is renumbered 77.81 (1j).

AB700,13 Section 13. 77.81 (1d) of the statutes is created to read:

AB700,11,8 77.81 (1d) "Building" includes any structure used for sheltering people, machinery, animals, or plants; used for storing property; used for parking, sales, or display space; or used as a place of employment.

AB700,14 Section 14. 77.81 (2m) of the statutes is renumbered 77.81 (1g) and amended to read:

AB700,11,13 77.81 (1g) "Independent certified Certified plan writer" means a plan writer certified by the department but who is not acting under contract with the department under s. 77.82 (3) (g).

AB700,15 Section 15. 77.81 (2r) of the statutes is created to read:

AB700,11,17 77.81 (2r) "Large property" means one or more separate parcels of land that are under the same ownership, that collectively are greater than 1,000 acres in size, and that are managed forest land or forest croplands or a combination thereof.

AB700,16 Section 16. 77.81 (4m) of the statutes is created to read:

AB700,11,20 77.81 (4m) "Natural disaster" means fire, ice, snow, wind, flooding, insects, or disease.

AB700,17 Section 17. 77.81 (5) of the statutes is repealed.

AB700,18 Section 18. 77.81 (6) of the statutes is amended to read:

AB700,12,2 77.81 (6) "Recreational activities" include means recreational outdoor activities that are compatible with the practice of forestry, as determined by the department. "Recreational activities" includes hunting, fishing, hiking, sight-seeing, cross-country skiing, horseback riding, and staying in cabins.

AB700,19 Section 19. 77.82 (1) (a) 1. of the statutes is amended to read:

AB700,12,7 77.82 (1) (a) 1. It consists of at least 10 contiguous acres, except as provided in this subdivision. The par. (am). This subdivision applies to applications under sub. (2), (4m), or (12) that are filed before the effective date of this subdivision .... [LRB inserts date].

AB700,12,14 (am) For purposes of par. (a) 1. and 1m., the fact that a lake, river, stream or flowage, a public or private road or a railroad or utility right-of-way separates any part of the land from any other part does not render a parcel of land noncontiguous. If a part of a parcel of at least 10 contiguous acres is separated from another part of that parcel by a public road, that part of the parcel may be enrolled in the program, even if that part is less than 10 acres, if that part meets the requirement under subd. 2. and is not ineligible under par. (b).

AB700,20 Section 20. 77.82 (1) (a) 1m. of the statutes is created to read:

AB700,12,18 77.82 (1) (a) 1m. It consists of at least 20 contiguous acres, except as provided in par. (am). This subdivision applies to applications under sub. (2), (4m), or (12) that are filed on or after the effective date of this subdivision .... [LRB inserts date].

AB700,21 Section 21. 77.82 (1) (a) 2. of the statutes is amended to read:

AB700,12,22 77.82 (1) (a) 2. At least 80% of the parcel must be producing or capable of producing a minimum of 20 cubic feet of merchantable timber per acre per year, except as provided in s. 77.88 (2m).

AB700,22 Section 22. 77.82 (1) (b) 3. of the statutes is amended to read:

AB700,12,25 77.82 (1) (b) 3. A parcel that is developed for a human residence on which a building or an improvement associated with a building is located.

AB700,23 Section 23. 77.82 (1) (bn) of the statutes is renumbered 77.88 (3g) (d) and amended to read:

AB700,13,7 77.88 (3g) (d) For purposes of par. (b) 3. this subsection and sub. (3j), the department by rule shall define "human residence" to include a residence of the applicant regardless of whether it is the applicant's primary residence. The definition may also include up to one acre surrounding the residence for a residence that is not the applicant's primary residence.

AB700,24 Section 24. 77.82 (1) (bp) of the statutes is created to read:

AB700,13,10 77.82 (1) (bp) 1. For purposes of par. (b) 3., and except as provided in subd. 2., an improvement is any of the following:

AB700,13,12 a. Any accessory building, structure, or fixture that is built or placed on the parcel for its benefit.

AB700,13,13 b. Landscaping that is done on the parcel.

AB700,13,14 2. An improvement does not include any of the following:

AB700,13,15 a. A public or private road.

AB700,13,16 b. A railroad or utility right-of way.

AB700,13,18 c. A fence, unless the fence prevents the free and open movement of wild animals across any portion of the parcel.

AB700,13,19 d. Culverts.

AB700,13,20 e. Bridges.

AB700,13,22 f. Other buildings, structures, and fixtures that are needed for sound forestry practices.

AB700,25 Section 25. 77.82 (2m) (title) of the statutes is amended to read:

AB700,13,24 77.82 (2m) (title) Fees for applications and management plans.

AB700,26 Section 26. 77.82 (2m) (ac) of the statutes is repealed.

AB700,27 Section 27. 77.82 (2m) (ag) of the statutes is repealed.

AB700,28 Section 28. 77.82 (2m) (am) of the statutes is repealed.

AB700,29 Section 29. 77.82 (2m) (c) of the statutes is repealed.

AB700,30 Section 30. 77.82 (2m) (dm) 1. of the statutes is repealed.

AB700,31 Section 31. 77.82 (2m) (dm) 2. of the statutes is repealed.

AB700,32 Section 32. 77.82 (3) (title) of the statutes is amended to read:

AB700,14,7 77.82 (3) (title) Management plan plans.

AB700,33 Section 33. 77.82 (3) (ag) of the statutes is amended to read:

AB700,14,12 77.82 (3) (ag) A proposed management plan shall cover the entire acreage of each parcel subject to the application and shall be prepared by an independent a certified plan writer or by the department if par. (am) applies on a form provided by the department.

AB700,34 Section 34. 77.82 (3) (am) of the statutes is repealed.

AB700,35 Section 35. 77.82 (3) (ar) of the statutes is amended to read:

AB700,14,22 77.82 (3) (ar) For a each proposed management plan prepared by an independent certified plan writer prepared under par. (ag), the department, after considering the owner's forest management objectives as stated under sub. (2) (e), shall review and either approve or disapprove the proposed management plan. If the department disapproves the proposed plan, it shall inform the applicant of the changes necessary to qualify the plan for approval upon subsequent review. At the request of the applicant, the department may agree to complete the proposed management plan.

AB700,36 Section 36. 77.82 (3) (c) (intro.) of the statutes is amended to read:

AB700,14,25 77.82 (3) (c) (intro.) To qualify for approval, a management plan shall include all of the following items:

AB700,37 Section 37. 77.82 (3) (g) of the statutes is amended to read:

AB700,15,6 77.82 (3) (g) The department shall certify plan writers and shall promulgate rules specifying the qualifications that a person must satisfy to become a certified plan writer. For management plans prepared or completed by the department under this subsection, the department may contract with plan writers certified by the department to prepare and complete these plans.

AB700,38 Section 38. 77.82 (3m) of the statutes is created to read:

AB700,15,11 77.82 (3m) Management plans; large properties. (a) Notwithstanding sub. (3) (c), the department may modify any item that is required in a management plan for a large property. In determining whether to make a modification, the department shall consider all of the following:

AB700,15,14 1. Whether the owner of the large property owns other land that is designated as managed forest land or that are forest croplands subject to a contract under s. 77.03.

AB700,15,16 2. The total number of counties in which either or both of the following are located:

AB700,15,17 a. Land that is covered by the proposed management plan.

AB700,15,19 b. Land that is owned by the applicant and that is either designated as managed forest land or that are forest croplands.

AB700,15,21 3. Whether a management plan that has been prepared by or for the applicant and that is acceptable to the department exists and is available for review.

AB700,15,25 4. Whether the owner submits a written commitment that the owner will provide any information from the owner's management plan that may be requested by the department. The commitment shall describe the proposed management plan and shall include a procedure to be used to amend or update the plan.

AB700,16,2 5. Whether the owner has demonstrated that it has consistent access to technical forest management assistance provided by its own staff or consultants.

AB700,16,8 (b) If the managed forest land that remains after a withdrawal or transfer of ownership no longer constitutes a large property, the department shall notify the owner of the land remaining subject to the managed forest land order that the owner must prepare a new management plan for the remaining land. The new plan shall be prepared in accordance with the procedures and requirements under sub. (3). The owner shall submit the plan to the department within one year after being notified.

AB700,39 Section 39. 77.82 (4) of the statutes is amended to read:

AB700,16,20 77.82 (4) Additions to managed forest land. An owner of land that is designated as managed forest land under an order that takes effect on or after April 28, 2004, may file an application with the department to designate as managed forest land an additional parcel of land if the additional parcel is at least 3 acres in size and is contiguous to any of that designated land. The application shall be accompanied by a nonrefundable $20 application recording fee unless a different amount for the fee is established by the department by rule at an amount equal to the average expense to the department of recording an order issued under this subchapter. The fee shall be deposited in the conservation fund and credited to the appropriation under s. 20.370 (1) (cr). The application shall be filed on a department form and shall contain any additional information required by the department.

AB700,40 Section 40. 77.82 (4g) of the statutes is repealed.

AB700,41 Section 41. 77.82 (4m) (d) of the statutes is repealed.

AB700,42 Section 42. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) and amended to read:

AB700,17,7 77.82 (12) (a) An owner of managed forest land may file an application with the department under sub. (2) for renewal of the order. An application for renewal shall be filed no later than the June 1 before the expiration date of the order. The application shall specify whether the owner wants the order renewed for 25 or 50 years. The provisions under subs. (3), (5), (6), and (7) do not apply to an application under this subsection paragraph. The department may deny the application only if the any of the following apply:

AB700,17,8 1. The land fails to meet the eligibility requirements under sub. (1), if the.

AB700,17,10 3. The owner has failed to comply with the management plan that is in effect on the date that the application for renewal is filed, or if there.

AB700,17,11 7. There are delinquent taxes on the land.

AB700,17,13 (b) If the application is denied, the department shall state the reason for the denial in writing.

AB700,43 Section 43. 77.82 (12) (a) 2. of the statutes is created to read:

AB700,17,17 77.82 (12) (a) 2. The land that is subject to the application for renewal of the order is not identical to the land that is designated as managed forest land under the existing order.

AB700,44 Section 44. 77.82 (12) (a) 4. of the statutes is created to read:

AB700,17,22 77.82 (12) (a) 4. The management plan does not contain any mandatory forestry or soil conservation practices, as described in sub. (3) (c) 6. and 7., or any mandatory management activities, as described in sub. (3) (d), that the department determines are required to be continued during the term of the renewed order.

AB700,45 Section 45. 77.82 (12) (a) 5. of the statutes is created to read:

AB700,18,2 77.82 (12) (a) 5. No review of the mandatory forestry or soil conservation practices or the mandatory management activities contained in the management plan has been conducted within the 5 years immediately preceding the date of the application for renewal.

AB700,46 Section 46. 77.82 (12) (a) 6. of the statutes is created to read:

AB700,18,7 77.82 (12) (a) 6. Within the 5 years immediately preceding the date of the application for renewal, the management plan has not been updated to reflect the completion of any forestry or soil conservation practices or management activities contained in the plan.

AB700,47 Section 47. 77.83 (2) (am) of the statutes is repealed.