Amendment ASA1-AB781

AB781-ASA1,2,14 77.82 (3) (c) 5. A map, diagram or aerial photograph which identifies the open, closed, and limited-access areas designated as open and closed under s. 77.83.

AB781-ASA1, s. 5 Section 5. 77.83 (1) (a) 1. of the statutes is amended to read:

AB781-ASA1,2,18 77.83 (1) (a) 1. Up Subject to sub. (1t), up to 160 acres in each municipality, of which not more than 80 acres in each municipality may be land designated as managed forest land before April 28, 2004.

AB781-ASA1, s. 6 Section 6. 77.83 (1) (b) 1. of the statutes is amended to read:

AB781-ASA1,2,22 77.83 (1) (b) 1. The addition does not result in increasing the closed portion and limited-access portions of the land to an area greater than that permitted under par. (a) and sub. (1t).

AB781-ASA1, s. 7 Section 7. 77.83 (1) (b) 2. of the statutes is amended to read:

AB781-ASA1,2,25 77.83 (1) (b) 2. The additional area is contiguous to the area that is already designated as closed or as limited access.

AB781-ASA1, s. 8 Section 8. 77.83 (1) (c) of the statutes is amended to read:

AB781-ASA1,3,5 77.83 (1) (c) If all or any part of an owner's closed managed forest land is withdrawn or transferred as provided under s. 77.88, the owner may designate a different or an additional closed area as closed or limited access if it meets the requirements of par. (b).

AB781-ASA1, s. 9 Section 9. 77.83 (1m) of the statutes is amended to read:

AB781-ASA1,3,15 77.83 (1m) Modification of designation. For a managed forest land order that takes effect on or after April 28, 2004, the owner of the managed forest land may modify the designation of a closed, limited-access, or open area 2 times during the term of the order. For a managed forest land order that takes effect before April 28, 2004, the owner of the managed forest land may modify the designation of a closed, limited access, or open area 2 times during the period beginning with April 28, 2004, and ending with the expiration date of the order, regardless of whether the owner has previously modified the designation as authorized by rules promulgated by the department.

AB781-ASA1, s. 10 Section 10. 77.83 (1r) of the statutes is created to read:

AB781-ASA1,3,21 77.83 (1r) Limited-access areas. (a) An owner may designate land subject to a managed forest land order as being limited-access land. For land so designated, the owner may enter into a lease or other agreement involving consideration if the only purpose of the lease or agreement is to permit persons to engage in a recreational activity.

AB781-ASA1,4,2 (b) Notwithstanding par. (a), land subject to a lease or agreement as described under par. (a) shall be designated as being closed instead of limited access if the consideration paid for access under the lease or agreement consists solely of reasonable membership fees charged by a nonprofit organization and the lease or agreement is approved by the department.

AB781-ASA1, s. 11 Section 11. 77.83 (1t) of the statutes is created to read:

AB781-ASA1,4,6 77.83 (1t) Maximum acreage. Under each managed forest land order, the sum of the number of the acres designated as closed and the number of acres designated as limited access may not exceed a total of 160 acres.

AB781-ASA1, s. 12 Section 12. 77.83 (2) (a) of the statutes is amended to read:

AB781-ASA1,4,10 77.83 (2) (a) Except as provided in sub. subs. (1) and (1r) and pars. (b) and (c), each owner of managed forest land shall permit public access to the land for hunting, fishing, hiking, sight-seeing, and cross-country skiing.

AB781-ASA1, s. 13 Section 13. 77.83 (2) (am) 1. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB781-ASA1,4,16 77.83 (2) (am) 1. For land designated as managed forest land under an order that takes effect on or after October 27, 2007, no person may enter into a lease or other agreement for consideration if the purpose of the lease or agreement is to permit persons to engage in a recreational activity, except as provided in sub. (1r).

AB781-ASA1, s. 14 Section 14. 77.83 (2) (am) 2. of the statutes, as created by 2007 Wisconsin Act 20, is repealed.

AB781-ASA1, s. 15 Section 15. 77.83 (2) (am) 3. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB781-ASA1,4,24 77.83 (2) (am) 3. Subdivisions 1. and 2. do Subdivision 1. does not apply to any lease or other agreement if the consideration involved solely consists of reasonable membership fees charged by a nonprofit organization and the lease or agreement is approved by the department.

AB781-ASA1, s. 16 Section 16. 77.83 (4) (b) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB781-ASA1,5,6 77.83 (4) (b) Any person who fails to comply with sub. (1r) or (2) (am) shall forfeit an amount equal to the total amount of consideration received by the person as a result of violating sub. (2) (am) the failure to comply or $500, whichever is greater.

AB781-ASA1, s. 17 Section 17. 77.84 (1) of the statutes is amended to read:

AB781-ASA1,5,16 77.84 (1) Tax roll. Each clerk of a municipality in which the land is located shall enter in a special column or other appropriate place on the tax roll the description of each parcel of land designated as managed forest land, and shall specify, by the designation "MFL-O," or "MFL-C",," or "MFL-LA," the acreage of each parcel that is designated as open or , closed, or limited access under s. 77.83. The land shall be assessed and is subject to review under ch. 70. Except as provided in this subchapter, no tax may be levied on managed forest land, except that any building on managed forest land is subject to taxation as personal property under ch. 70.

AB781-ASA1, s. 18 Section 18. 77.84 (2) (title) of the statutes is amended to read:

AB781-ASA1,5,19 77.84 (2) (title) Acreage share; payment payments for open, closed, or limited-access land.

AB781-ASA1, s. 19 Section 19. 77.84 (2) (b) of the statutes is amended to read:

AB781-ASA1,5,24 77.84 (2) (b) For managed forest land orders that take effect before April 28, 2004, in addition to the payment under par. (a), each owner of managed forest land shall pay $1 for each acre that is designated as closed under s. 77.83. The payment shall be made to each municipal treasurer on or before January 31.

AB781-ASA1, s. 20 Section 20. 77.84 (2) (bv) of the statutes is created to read:

AB781-ASA1,6,5 77.84 (2) (bv) In addition to the payment under par. (a) or (am), each owner of managed forest land shall pay to each municipal treasurer, on or before January 31, an amount that is equal to 45 percent of the average statewide property tax per acre of property classified under s. 70.32 (2) (a) 6., as determined under par. (cm), for each acre that is designated as limited access under s. 77.83.

AB781-ASA1, s. 21 Section 21. 77.84 (2) (cm) of the statutes is amended to read:

AB781-ASA1,6,12 77.84 (2) (cm) For purposes of determining the per acre amounts under pars. (am) and (bm), (bm), and (bv), in 2004 and in 2007 and each 5th year thereafter, the department of revenue shall determine the average statewide tax per acre of property classified under s. 70.32 (2) (a) 6. by multiplying the average equalized value of property classified under s. 70.32 (2) (a) 6., as determined under s. 70.57, by the average tax rate determined under s. 76.126.

AB781-ASA1, s. 22 Section 22. 77.88 (2) (e) of the statutes is amended to read:

AB781-ASA1,6,21 77.88 (2) (e) The transferred land shall remain managed forest land if the transferee, within 30 days after the transfer, certifies to the department an intent to comply with the existing management plan for the land and with any amendments agreed to by the department and the transferee, and provides proof that each person holding any encumbrance on the land agrees to the designation. The transferee may designate an area of the transferred land as closed to public access or as limited access as provided under s. 77.83. The department shall issue an order continuing the designation of the land as managed forest land under the new ownership.

AB781-ASA1, s. 23 Section 23. 77.89 (2) (b) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB781-ASA1,7,4 77.89 (2) (b) The municipal treasurer shall pay all amounts received under s. 77.84 (2) (b) and, (bm), and (bv) to the county treasurer, as provided under ss. 74.25 and 74.30. The county treasurer shall, by June 30 of each year, pay all amounts received under this paragraph to the department. All amounts received by the department shall be credited to the conservation fund and shall be reserved for land acquisition, resource management activities, and grants under s. 77.895.

AB781-ASA1, s. 24 Section 24. 77.895 (3) (b) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB781-ASA1,7,9 77.895 (3) (b) A requirement that, in awarding grants to counties under this section, the board give higher priority to counties that have higher numbers of acres that are designated as closed or as limited access under s. 77.83.

AB781-ASA1, s. 25 Section 25. 77.895 (3) (c) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB781-ASA1,7,14 77.895 (3) (c) A requirement that, in awarding grants to towns under this section, the board give higher priority to towns that have higher numbers of acres that are designated as closed or as limited access under s. 77.83.

AB781-ASA1, s. 26 Section 26. 167.31 (4) (cr) of the statutes is amended to read:

AB781-ASA1,7,20 167.31 (4) (cr) For purposes of par. (cg) 4., "private property" does not include property leased for hunting by the public, land that is subject to a contract under subch. I of ch. 77, or land that is subject to an order designating it as managed forest land under subch. VI of ch. 77 and that is not designated as closed or as limited access to the public under s. 77.83 (1).

AB781-ASA1, s. 27 Section 27. Initial applicability.

AB781-ASA1,7,23 (1) This act first applies to payments under section 77.84 (2) of the statutes that are due on January 1, 2009.

AB781-ASA1,7,24 (End)