LRBs0257/1
MGG/JK/RCT:wlj/jld:rs
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2003 ASSEMBLY BILL 323
November 6, 2003 - Offered by
Joint Committee on Finance.
AB323-ASA2,2,2
1An Act to repeal 77.82 (2m) (c);
to renumber and amend 77.82 (2m) (d), 77.82
2(7) (c), 77.88 (2) (d), 77.89 (2) and 77.89 (3);
to amend 20.370 (1) (cr), 26.97 (1),
374.25 (1) (a) 6., 74.25 (1) (a) 8., 74.30 (1) (f), 74.30 (1) (h), 75.35 (2) (f) 3., 75.36
4(3) (b), 77.81 (4), 77.82 (2m) (a), 77.82 (2m) (b), 77.82 (2m) (e), 77.82 (3) (c)
5(intro.), 77.82 (3) (c) 6., 77.82 (4), 77.82 (7) (c) 2., 77.82 (8), 77.82 (12), 77.82 (12),
677.83 (1) (a) 1., 77.84 (2) (a), 77.84 (2) (b), 77.84 (3) (b), 77.88 (1) (a), 77.88 (1)
7(c), 77.88 (2) (am), 77.88 (2) (b), 77.88 (2) (c), 77.88 (2) (f), 77.88 (3), 77.88 (4),
877.88 (5) (a) 1., 77.88 (5) (a) 2., 77.88 (5) (b) 1., 77.88 (5) (b) 2., 77.88 (7), 77.88
9(8), 77.89 (1), 77.89 (1) and 77.89 (2) (b);
to repeal and recreate 77.82 (2m) (b);
10and
to create 20.370 (1) (cx), 77.82 (2) (cm), 77.82 (2m) (d) 2., 77.82 (2m) (dm),
1177.82 (3) (g), 77.82 (4g), 77.82 (7) (c) 2., 77.82 (7) (c) 3., 77.83 (1m), 77.84 (2) (am),
1277.84 (2) (bm), 77.84 (2) (cm), 77.87 (1g), 77.876, 77.88 (1) (am), 77.88 (2) (d) 2.,
1377.88 (3m) and 77.88 (5m) of the statutes;
relating to: the Managed Forest
1Land Program, allowing managed forest land to be located in cities, requiring
2the exercise of rule-making authority, and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB323-ASA2, s. 1
3Section
1. 20.370 (1) (cr) of the statutes is amended to read:
AB323-ASA2,2,64
20.370
(1) (cr)
Forestry — recording fees. All moneys received under ss. 77.82
5(2m)
(d) and (4) and 77.88 (2) (d) for the payment of fees to the registers of deeds under
6s. 77.91 (5).
AB323-ASA2, s. 2
7Section
2. 20.370 (1) (cx) of the statutes is created to read:
AB323-ASA2,2,108
20.370
(1) (cx)
Forestry — management plans. All moneys received under s.
977.82 (2m) (dm) for payment for management plans prepared by plan writers who
10are under contract with the department under s. 77.82 (3).
AB323-ASA2,2,1512
26.97
(1) Arrest a person, with or without a warrant, when the person is
13detected actually committing a violation of this chapter
, subch. VI of ch. 77, or s.
14167.10 (3), 941.10 (1), 941.11, 941.12, 941.13, 943.02 (1), 943.03, 943.04, 943.05 or
15943.06 (2).
AB323-ASA2, s. 4
16Section
4. 74.25 (1) (a) 6. of the statutes is amended to read:
AB323-ASA2,2,2017
74.25
(1) (a) 6. Pay to the county treasurer 20% of collections of occupational
18taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84
19(2) (a)
and (am) and all collections of payments for closed lands under s. 77.84 (2) (b)
20and (bm).
AB323-ASA2, s. 5
21Section
5. 74.25 (1) (a) 8. of the statutes is amended to read:
AB323-ASA2,3,3
174.25
(1) (a) 8. Retain for the taxation district all woodland tax law collections
2under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84
3(2) (a)
and (am).
AB323-ASA2,3,85
74.30
(1) (f) Pay to the county treasurer 20% of collections of occupational taxes
6on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2)
7(a)
and (am) and all collections of payments for closed lands under s. 77.84 (2) (b)
and
8(bm).
AB323-ASA2,3,1210
74.30
(1) (h) Retain for the taxation district all woodland tax law collections
11under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84
12(2) (a)
and (am).
AB323-ASA2, s. 8
13Section
8. 75.35 (2) (f) 3. of the statutes is amended to read:
AB323-ASA2,3,1514
75.35
(2) (f) 3. Any withdrawal tax
and any withdrawal fee due under s. 77.84
15(3) (b).
AB323-ASA2,4,317
75.36
(3) (b) From the net proceeds of the sale of the property, as determined
18under par. (a), first pay any withdrawal tax
and withdrawal fee due under s. 77.84
19(3) (b) and then pay to taxing jurisdictions all special assessments and special
20charges to which the property is subject, including interest and any penalties
21imposed under s. 74.47. If the net proceeds are not sufficient to pay all outstanding
22amounts due, the net proceeds shall be prorated to each taxing jurisdiction based
23upon the ratio that the amount of all special assessments and special charges due
24that taxing jurisdiction bears to the amount of all special assessments and special
25charges levied against the property sold, including interest and any penalties
1imposed under s. 74.47. Amounts payable under this paragraph shall be paid to the
2taxing jurisdiction within 15 days after the last day of the month in which sale
3proceeds become available to the county.
AB323-ASA2,4,55
77.81
(4) "Municipality" means a town
or, village
, or city.
AB323-ASA2,4,97
77.82
(2) (cm) A copy of an instrument that has been recorded in the office of
8the register of deeds of the county in which the property is located that shows the
9ownership of the land subject to the petition.
AB323-ASA2,4,1211
77.82
(2m) (a) Except as provided in par. (b), a petition under sub. (2)
or, (4m)
,
12or (12) shall be accompanied by a nonrefundable application fee of
$100 $300.
AB323-ASA2,4,1814
77.82
(2m) (b) If the petition
under sub. (2), (4m), or (12) is accompanied by a
15proposed management plan as provided in par. (c), the nonrefundable application fee
16shall be
$10 $20 unless a different amount for the fee is established by the
17department by rule at an amount equal to the average expense to the department of
18recording an order issued under this subchapter.
AB323-ASA2, s. 14
19Section
14. 77.82 (2m) (b) of the statutes, as affected by 2003 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB323-ASA2,4,2521
77.82
(2m) (b) If the petition under sub. (2), (4m), or (12) is accompanied by a
22management plan, the nonrefundable application fee shall be $20 unless a different
23amount for the fee is established by the department by rule at an amount equal to
24the average expense to the department of recording an order issued under this
25subchapter.
AB323-ASA2, s. 16
2Section
16. 77.82 (2m) (d) of the statutes is renumbered 77.82 (2m) (d) 1. and
3amended to read:
AB323-ASA2,5,74
77.82
(2m) (d) 1. All the fees collected under this subsection shall be deposited
5in the conservation fund.
The All of the fees collected under par. (b) and
$10 $20 of
6each
$100 $300 fee collected under par. (a) shall be credited to the appropriation
7under s. 20.370 (1) (cr)
, except as provided under subd. 2.
AB323-ASA2,5,129
77.82
(2m) (d) 2. The department may establish by rule a different amount of
10each $300 fee under subd. 1. that will be credited to the appropriation under s. 20.370
11(1) (cr). The amount shall be equal to the average expense to the department of
12recording an order issued under this subchapter.
AB323-ASA2,5,1614
77.82
(2m) (dm) The fees collected under pars. (a) and (e) that are not credited
15to the appropriation under s. 20.370 (1) (cr) shall be credited to the appropriation
16under s. 20.370 (1) (cx).
AB323-ASA2,5,2118
77.82
(2m) (e) If
the proposed a management plan
accompanying a petition
19filed under sub. (2), (4m), or (12) is not approved by the department under its initial
20review under sub. (3) (a), the department shall collect from the petitioner a fee in an
21amount equal to
$100 $300 less the amount the petitioner paid under par.
(c) (b).
AB323-ASA2, s. 20
22Section
20. 77.82 (3) (c) (intro.) of the statutes is amended to read:
AB323-ASA2,5,2523
77.82
(3) (c) (intro.) To qualify for approval, a management plan shall
be
24prepared by a plan writer certified by the department or prepared by the department
25itself and shall include all of the following:
AB323-ASA2,6,42
77.82
(3) (c) 6. A description of the forestry practices, including harvesting,
3thinning and reforestation, that will be undertaken during the term of the order,
4specifying the period
of time in which each
is intended to will be completed.
AB323-ASA2,6,106
77.82
(3) (g) The department shall promulgate rules specifying the
7qualifications that a person must satisfy to become a certified plan writer. For
8management plans prepared by the department under this subsection, the
9department may contract with plan writers certified by the department to prepare
10these plans.
