AB323: Bill Text

AB323,13,10 (3) Owner's liability. The owner is personally liable for an assessment under sub. (1). An unpaid assessment becomes a lien against the merchantable timber cut. If the merchantable timber cut is mingled with other wood products, the unpaid assessment becomes a lien against all of the wood products while they are in the owner's possession or in the possession of any person other than a purchaser for value without notice in the usual course of business.

AB323,13,15 (4) Delinquency. If an assessment due under sub. (1) is not paid on or before the last day of the August following the date specified under sub. (2), the municipality shall certify to the taxation district clerk the description of the land and the amount due for the assessment and interest. The taxation district clerk shall enter the delinquent amount on the property tax roll as a special charge.

AB323, s. 37 Section 37. 77.88 (1) (c) of the statutes is amended to read:

AB323,13,19 77.88 (1) (c) If the department determines that land should be withdrawn, it shall issue an order withdrawing the land as managed forest land and shall assess against the owner the tax under sub. (5) and the withdrawal fee under sub. (5m).

AB323, s. 38 Section 38. 77.88 (2) (am) of the statutes is amended to read:

AB323,13,24 77.88 (2) (am) If the land transferred under par. (a) does not meet the eligibility requirements under s. 77.82 (1), the department shall issue an order withdrawing the land from managed forest land designation and shall assess against the owner a withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

AB323, s. 39 Section 39. 77.88 (2) (b) of the statutes is amended to read:

AB323,14,8 77.88 (2) (b) If the land remaining after a transfer under par. (a) is contiguous and meets the eligibility requirements under s. 77.82 (1) (a) 2. and (b), it shall continue to be designated as managed forest land until the expiration of the existing order, even if the parcel contains less than 10 acres. Notwithstanding s. 77.82 (12), an owner may not petition the department for renewal of the order if the parcel contains less than 10 acres. No withdrawal tax under sub. (5) or withdrawal fee under sub. (5m) may be assessed when the remaining land is withdrawn at the expiration of the order.

AB323, s. 40 Section 40. 77.88 (2) (c) of the statutes is amended to read:

AB323,14,14 77.88 (2) (c) If the remaining land does not meet the eligibility requirements under s. 77.82 (1) (a) 2. and (b), the department shall issue an order withdrawing the land and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this paragraph.

AB323, s. 41 Section 41. 77.88 (2) (d) of the statutes is renumbered 77.88 (2) (d) 1. and amended to read:

AB323,14,23 77.88 (2) (d) 1. Within 10 days after a transfer of ownership, the former owner shall, on a form provided by the department, file with the department a report of the transfer signed by the former owner and the transferee. The report shall be accompanied by a $20 $100 fee which shall be deposited in the conservation fund and. Twenty dollars of the fee or a different amount of the fee as may be established under subd. 2. shall be credited to the appropriation under s. 20.370 (1) (cr). The department shall immediately notify each person entitled to notice under s. 77.82 (8).

AB323, s. 42 Section 42. 77.88 (2) (d) 2. of the statutes is created to read:

AB323,15,4 77.88 (2) (d) 2. The department may establish by rule a different amount of each fee under subd. 1. that will be credited to the appropriation under s. 20.370 (1) (cr). The amount shall be equal to the average expense to the department of recording an order issued under this subchapter.

AB323, s. 43 Section 43. 77.88 (2) (f) of the statutes is amended to read:

AB323,15,11 77.88 (2) (f) If the transferee does not provide the department with the certification required under par. (e), the department shall issue an order withdrawing the land and shall assess against the transferee the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the transferee is not entitled to a hearing on an order withdrawing land under this paragraph.

AB323, s. 44 Section 44. 77.88 (3) of the statutes is amended to read:

AB323,15,18 77.88 (3) Voluntary withdrawal. An owner may request that the department withdraw all or any part of the owner's land meeting one of the requirements specified under sub. (2) (a) 1. to 3. If any remaining land meets the eligibility requirements under s. 77.82 (1), the department shall issue an order withdrawing the land subject to the request and shall assess against the owner the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m).

AB323, s. 45 Section 45. 77.88 (3m) of the statutes is created to read:

AB323,16,5 77.88 (3m) Withdrawal for failure to pay personal property taxes. If an owner of managed forest land has not paid the personal property tax due for a building on managed forest land before the February settlement date under s. 74.30 (1), the municipality in which the managed forest land is located shall certify to the department that a delinquency exists and shall include the legal description of the managed forest land on which the building is located in the certification. Immediately after receiving the certification, the department shall issue an order withdrawing the land as managed forest land and shall assess against the owner of the land the withdrawal tax under sub. (5) and the withdrawal fee under sub. (5m). Notwithstanding s. 77.90, the owner is not entitled to a hearing on an order withdrawing land under this subsection.

AB323, s. 46 Section 46. 77.88 (4) of the statutes is amended to read:

AB323,16,10 77.88 (4) Nonrenewal. If an owner does not petition the department to renew a managed forest land order, the department shall order the land withdrawn at the expiration of the order. No withdrawal tax under sub. (5) shall or withdrawal fee under sub. (5m) may be assessed.

AB323, s. 47 Section 47. 77.88 (5) (a) 1. of the statutes is amended to read:

AB323,16,16 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.

AB323, s. 48 Section 48. 77.88 (5) (a) 2. of the statutes is amended to read:

AB323,16,20 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.

AB323, s. 49 Section 49. 77.88 (5) (b) 1. of the statutes is amended to read:

AB323,17,2 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.

AB323, s. 50 Section 50. 77.88 (5) (b) 2. of the statutes is amended to read:

AB323,17,6 77.88 (5) (b) 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.

AB323, s. 51 Section 51. 77.88 (5m) of the statutes is created to read:

AB323,17,9 77.88 (5m) Withdrawal fee. The withdrawal fee assessed by the department under subs. (1) (c), (2) (am), (c), and (f), (3), and (3m) shall be $300.

AB323, s. 52 Section 52. 77.88 (7) of the statutes is amended to read:

AB323,17,17 77.88 (7) Payment; delinquency. A tax Taxes under sub. (5) is and fees under sub. (5m) are due and payable to the department on the last day of the month following the effective date of the withdrawal order. Amounts received shall be credited to the conservation fund. If the owner of the land fails to pay the tax or fee, the department shall certify to the taxation district clerk the amount due. The taxation district clerk shall enter the delinquent amount on the property tax roll as a special charge.

AB323, s. 53 Section 53. 77.88 (8) of the statutes is amended to read:

AB323,18,2 77.88 (8) Exception. No withdrawal tax or withdrawal fee may be assessed against an owner who transfers ownership of managed forest land for a public road or railroad or utility right-of-way. No withdrawal tax or withdrawal fee may be assessed against an owner who transfers ownership of managed forest land for a park, recreational trail, wildlife or fish habitat area or a public forest to the federal government, the state or a local governmental unit, as defined in s. 66.0131 (1) (a). The department may not order withdrawal of the remainder of the land unless the remainder fails to meet the eligibility requirements under s. 77.82 (1).

AB323, s. 54 Section 54. 77.89 (1) of the statutes is amended to read:

AB323,18,7 77.89 (1) Payment to municipalities. By June 30 of each year, the department, from the appropriation under s. 20.370 (5) (bv), shall pay 50% 100% of each payment received under s. 77.84 (3) (b), 77.87 (3) or, and 77.88 (7) to the treasurer of the municipality in which is located the land to which the payment applies.

AB323, s. 55 Section 55. 77.89 (2) of the statutes is renumbered 77.89 (2) (a) and amended to read:

AB323,18,16 77.89 (2) (a) Each municipal treasurer shall pay 20% of each payment received under sub. (1) or s. and under ss. 77.84 (2) (a) or and (am), 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.

AB323, s. 56 Section 56. 77.89 (3) of the statutes is renumbered 77.89 (2) (b) and amended to read:

AB323,18,24 77.89 (2) (b) The municipal treasurer shall pay all amounts received under s. 77.84 (2) (b) and (bm) 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 subsection paragraph to the department. All amounts received by the department shall be credited to the conservation fund and shall be reserved for land acquisition and resource management activities.

AB323, s. 57 Section 57. Initial applicability.

AB323,19,2 (1) The treatment of section 77.82 (3) (c) (intro.) of the statutes first applies to management plans that are started on the effective date of this subsection.

AB323, s. 58 Section 58. Effective dates. This act takes effect on the day after publication, except as follows:

AB323,19,6 (1) The treatment of sections 77.82 (2m) (b) and (c) and (3) (c) (intro.) of the statutes takes effect on the first day of the 19th month beginning after publication.

AB323,19,9 (2) The treatment of section 77.82 (7) (c) (by Section 20 ) and (12) of the statutes and the creation of section 77.82 (7) (c) 2. of the statutes take effect on the first February 1 after publication.

AB323,19,10 (End)