Amendment ASA1-AB561

AB561-ASA1,77 Section 77. 77.88 (5) (ar) of the statutes is repealed.

AB561-ASA1,78 Section 78. 77.88 (5) (b) of the statutes is repealed.

AB561-ASA1,79 Section 79. 77.88 (5) (c) of the statutes is repealed.

AB561-ASA1,80 Section 80. 77.88 (5m) of the statutes is amended to read:

AB561-ASA1,23,6 77.88 (5m) Withdrawal fee. The withdrawal fee assessed by the department under subs. (1) (c), (2) (ac) 2., (am), and (c), and (f), (3), and (3m) shall be $300.

AB561-ASA1,81 Section 81. 77.88 (8) (b) of the statutes is amended to read:

AB561-ASA1,23,12 77.88 (8) (b) The department may not order withdrawal of land remaining after a transfer of ownership is made under par. (a) 1., 2., or 3., or after a lease is entered into under par. (a) 3., or after the department orders withdrawal of land under sub. (3g) (am) unless the remainder fails to meet the eligibility requirements under s. 77.82 (1).

AB561-ASA1,82 Section 82. 77.88 (11) of the statutes is amended to read:

AB561-ASA1,23,16 77.88 (11) Liability for previous taxes. Withdrawal of land under this section does not affect the liability of the owner for previously levied taxes under s. 77.84 or 77.87.

AB561-ASA1,83 Section 83. 77.89 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB561-ASA1,23,23 77.89 (1) (a) By June 30 of each year, the department, from the appropriation under s. 20.370 (5) (bv), shall pay 100 percent of each payment received under ss. s. 77.84 (3) (b) and 77.87 (3) and 100 percent of each withdrawal tax payment received under s. 77.88 (7) to the treasurer of each municipality in which is located the land to which the payment applies.

AB561-ASA1,84m Section 84m. 77.89 (1) (c) of the statutes is created to read:

AB561-ASA1,24,7 77.89 (1) (c) The department shall distribute from the appropriation under s. 20.370 (5) (dy) $4,600,000 in fiscal year 2016-17, $6,000,000 in fiscal year 2017-18, and $7,000,000 in fiscal year 2018-19 among treasurers of each municipality in which is located land subject to a managed forest land order that is designated as closed to public access under s. 77.83 (1). The department shall distribute to each municipal treasurer an amount in proportion to the number of acres of closed land in that municipality.

AB561-ASA1,84q Section 84q. 77.89 (2) (a) of the statutes is amended to read:

AB561-ASA1,24,15 77.89 (2) (a) Each municipal treasurer shall pay 20% of each payment received under sub. (1) (a) and, (b) , and (c) and under ss. 77.84 (2) (a), (am), and (bp), 77.85, and 77.876 to the county treasurer and shall deposit the remainder in the municipal treasury. The payment to the county treasurer for money received before November 1 of any year shall be made on or before the November 15 after its receipt. For money received on or after November 1 of any year, the payment to the county treasurer shall be made on or before November 15 of the following year.

AB561-ASA1,85 Section 85. 77.91 (3) of the statutes is repealed.

AB561-ASA1,86 Section 86. 77.91 (3m) of the statutes is amended to read:

AB561-ASA1,25,2 77.91 (3m) Report to legislature. Beginning with calendar year 1992 2015, the department shall calculate for each calendar year whether the amount of land exempt from penalty or tax under s. 77.10 (2) (c) or 77.88 (8) that is withdrawn during that calendar year under s. 77.10 or 77.88 exceeds 1% 1 percent of the total amount of land that is subject to contracts under subch. I or subject to orders under this subchapter on December 31 of that calendar year. If the amount of withdrawn or classified land that is so exempt exceeds 1% 1 percent, the department shall make a report of its calculations to the governor and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).

AB561-ASA1,87 Section 87. 77.91 (6) (d) of the statutes is created to read:

AB561-ASA1,25,6 77.91 (6) (d) Any signature required of an official or employee of the department or a landowner under this subchapter may be satisfied by an electronic signature, as defined in s. 137.11 (8).

AB561-ASA1,88 Section 88. 77.91 (8) of the statutes is created to read:

AB561-ASA1,25,18 77.91 (8) Emergency rules. The department may use the procedure under s. 227.24 to promulgate emergency rules under s. 77.82 (1) (bp) 2. f. for the period before the date on which permanent rules under s. 77.82 (1) (bp) 2. f. take effect. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until the first day of the 25th month beginning after the effective date of the emergency rule or the date on which the permanent rules take effect, whichever is earlier. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for rules promulgated under this subsection.

AB561-ASA1,89 Section 89. Nonstatutory provision.

AB561-ASA1,25,25 (1) State forest plan variance. Before March 1, 2017, the department of natural resources shall propose a variance to the master plans of all state forests except for the southern state forests, as defined in section 27.016 (1) (c) of the statutes, and except for Governor Knowles State Forest so that 75 percent of all the land in those state forests combined is classified as a forest production area as provided in section 28.04 (3) (am) of the statutes.

AB561-ASA1,26,11 (2m) Payments to counties and municipalities. The department of natural resources shall determine whether the amount payable to each county and municipality in 2016 under section 77.84 (2) of the statutes, as affected by this act, is less than the amount received by the respective counties and municipalities in 2015 under section 77.07, 2013 stats., and section 77.87, 2013 stats. For each county and municipality for which the department of natural resources determines that the amount payable in 2016 is less than the amount received in 2015, the department of natural resources shall pay to each of those counties and municipalities an amount equal to the difference between the amount payable in 2016 and the amount received in 2015. The department of natural resources shall pay the amounts required under this subsection not later than December 1, 2016.

AB561-ASA1,90 Section 90 . Initial applicability.

AB561-ASA1,26,17 (1) Yield and severance taxes. The treatment of sections 26.06 (1), 75.36 (2) (a), 77.07, 77.10 (1) (a), 77.86 (2), 77.88 (5) (a) 1. and 2., (ar), and (b) and (11), and 77.89 (1) (a) of the statutes first applies to the removal of wood products from forest croplands and the cutting of merchantable timber from managed forest land that occurs on the effective date of this subsection.

AB561-ASA1,26,20 (2) Minimum acreage. The treatment of section 77.82 (1) (a) 1. of the statutes first applies to land designated as managed forest land by an order issued on the effective date of this subsection.

AB561-ASA1,26,23 (3) Buildings on parcels. The treatment of section 77.82 (1) (b) 3. of the statutes first applies to land designated as managed forest land under an order issued or renewed on the effective date of this subsection.

AB561-ASA1,91 Section 91. Effective dates. This act takes effect on the day after publication, except as follows:

AB561-ASA1,27,4 (1) The treatment of sections 26.06 (1), 75.36 (2) (a), 77.07, 77.10 (1) (a), 77.86 (2), 77.88 (5) (a) 1. and 2., (ar), and (b) and (11), and 77.89 (1) (a) of the statutes and Section 90 (1) of this act take effect on the first day of the 3rd month beginning after publication.

AB561-ASA1,27,5 (End)