AB681: Bill Text

LRB-4249/1

MGG&JK:wlj:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 681

February 1, 2000 - Introduced by Joint Legislative Council. Referred to Committee on Conservation and Land Use.

AB681,1,8 An Act to renumber and amend 77.82 (12); to amend 74.25 (1) (a) 6., 74.30 (1) (f), 74.30 (1) (h), 77.82 (2) (title), 77.82 (2) (h), 77.82 (3) (b), 77.82 (12) (title), 77.84 (2) (a), 77.84 (2) (b), 77.84 (2) (c), 77.88 (5) (a) 1., 77.88 (5) (a) 2., 77.88 (5) (b) 1., 77.88 (5) (b) 2. and 77.89 (2); and to create 77.82 (12) (b) and 77.84 (2) (am) of the statutes; relating to: adding a 15-year term for orders designating land under the managed forest land program, allowing the department of natural resources to contract with private foresters to prepare management plans under the managed forest land program and making an appropriation.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the joint legislative council in the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Prefatory note: This bill was prepared for the joint legislative council's special committee on incentives for resource stewardship. The joint legislative council established the special committee by a June 24, 1998, mail ballot and directed it to study "means to encourage and promote private efforts to conserve and protect the natural values of land and water through an appropriate legislative framework and the use of economic incentives". The bill:

1. Revises the managed forest land program to encourage private landowners to include land in the managed forest land program by allowing land to be in the program for a 15-year term.

2. Provides an appropriation to the department of natural resources (DNR) to contract with private foresters to prepare plans for inclusion of wooded land into the managed forest land program.

This bill is explained in more detail in Section notes following the relevant Sections of the bill.

AB681, s. 1 Section 1. 74.25 (1) (a) 6. of the statutes is amended to read:

AB681,2,4 74.25 (1) (a) 6. Pay to the county treasurer 20% of collections of occupational taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am) and all collections of payments for closed lands under s. 77.84 (2) (b).

AB681, s. 2 Section 2. 74.30 (1) (f) of the statutes is amended to read:

AB681,2,8 74.30 (1) (f) Pay to the county treasurer 20% of collections of occupational taxes on coal docks, 20% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am) and all collections of payments for closed lands under s. 77.84 (2) (b).

AB681, s. 3 Section 3. 74.30 (1) (h) of the statutes is amended to read:

AB681,2,12 74.30 (1) (h) Retain for the taxation district all woodland tax law collections under s. 77.16 and 80% of collections of the taxes imposed under ss. 77.04 and 77.84 (2) (a) and (am).

AB681, s. 4 Section 4. 77.82 (2) (title) of the statutes is amended to read:

AB681,2,14 77.82 (2) (title) Petition Initial petition.

AB681, s. 5 Section 5. 77.82 (2) (h) of the statutes is amended to read:

AB681,2,17 77.82 (2) (h) Whether the land will be designated as managed forest land for 15, 25 or 50 years.

AB681, s. 6 Section 6. 77.82 (3) (b) of the statutes is amended to read:

AB681,3,3 77.82 (3) (b) If the petitioner requests that the department prepare the management plan, the department shall comply with the request. The department may contract with private foresters to prepare these management plans.

AB681, s. 7 Section 7. 77.82 (12) (title) of the statutes is amended to read:

AB681,3,5 77.82 (12) (title) Renewal; extension.

AB681, s. 8 Section 8. 77.82 (12) of the statutes is renumbered 77.82 (12) (a) and amended to read:

AB681,3,14 77.82 (12) (a) The department shall notify each owner of managed forest land of the expiration date of an order no later than the January 31 preceding the expiration date. The After receiving the notification, the owner may petition the department for renewal of the order. The petition shall be filed no later than the March 31 before the expiration date and shall specify whether the owner wants the order renewed for 25 or 50 years. Any order issued under this section may only be renewed for 25 or for 50 years.

AB681,3,20 (c) The notice and hearing provisions under subs. (5) and (6) do not apply to a petition under this subsection. The department may deny the a petition under this subsection only if the land fails to meet the eligibility requirements under sub. (1), if the owner has failed to comply with the management plan or if there are delinquent taxes on the land. If the petition is denied, the department shall state the reason for the denial in writing.

AB681, s. 9 Section 9. 77.82 (12) (b) of the statutes is created to read:

AB681,4,2 77.82 (12) (b) In addition to petitioning for renewal under par. (a), an owner of land that is designated as managed forest land for a 15-year period may petition the department at any time to extend that designation to 25 or 50 years. The term of the extended designation shall run from the date that the original order designating the land for 15 years was issued.

AB681, s. 10 Section 10. 77.84 (2) (a) of the statutes is amended to read:

AB681,4,5 77.84 (2) (a) Each owner of managed forest land shall pay to the municipal treasurer an annual acreage share of 74 cents per acre on or before January 31.

AB681, s. 11 Section 11. 77.84 (2) (am) of the statutes is created to read:

AB681,4,9 77.84 (2) (am) In addition to the payment under par. (a), each owner of land designated as managed forest land for a 15-year period shall pay to the municipal treasurer an annual acreage share of $1.25 per acre.

AB681, s. 12 Section 12. 77.84 (2) (b) of the statutes is amended to read:

AB681,4,13 77.84 (2) (b) In addition to the payment under par. (a) and any payment required under par. (am), each owner of managed forest land shall annually pay $1 for each acre that is designated as closed under s. 77.83.

AB681,4,15 (bn) The payment payments required under pars. (a) to (b) shall be made to the municipal treasurer on or before January 31 of each year.

AB681, s. 13 Section 13. 77.84 (2) (c) of the statutes is amended to read:

AB681,4,23 77.84 (2) (c) In 1992 and each 5th year thereafter, the department of revenue shall adjust the amounts under pars. (a), (am) and (b) by multiplying the amount specified by a ratio using as the denominator the department of revenue's estimate of the average statewide tax per acre of property classes under s. 70.32 (2) (b) 4., 1993 stats., s. 70.32 (2) (b) 5., 1993 stats., and s. 70.32 (2) (b) 6., 1993 stats., for 1986 and, as the numerator, the department of revenue's estimate of the average tax per acre for the same classes of property for the year in which the adjustment is made.

AB681, s. 14 Section 14. 77.88 (5) (a) 1. of the statutes is amended to read:

AB681,5,5 77.88 (5) (a) 1. An amount equal to the product of the total net property tax rate in the municipality in the year prior to the withdrawal and the assessed value of the land for the same year, as computed by the department of revenue, multiplied by the number of years the land was designated as managed forest land, less any amounts paid by the owner under ss. 77.84 (2) (a) and (am) and 77.87.

AB681, s. 15 Section 15. 77.88 (5) (a) 2. of the statutes is amended to read:

AB681,5,9 77.88 (5) (a) 2. Five percent of the stumpage value of the merchantable timber on the land, less any amounts paid by the owner under ss. 77.84 (2) (a) and (am) and 77.87.

AB681, s. 16 Section 16. 77.88 (5) (b) 1. of the statutes is amended to read:

AB681,5,15 77.88 (5) (b) 1. An amount equal to the product of the total net property tax rate in the municipality in the year prior to the withdrawal and the assessed value of the land for the same year, as computed by the department of revenue, multiplied by the number of years since the renewal, less any amounts paid by the owner under ss. 77.84 (2) (a) and (am) and 77.87.

AB681, s. 17 Section 17. 77.88 (5) (b) 2. of the statutes is amended to read: