SB434: Bill Text

SB434,72 Section 72. 77.88 (5) (a) 1. and 2. of the statutes are repealed.

SB434,73 Section 73. 77.88 (5) (ab) of the statutes is repealed.

SB434,74 Section 74. 77.88 (5) (ac) of the statutes is created to read:

SB434,24,10 77.88 (5) (ac) Calculation of past tax liability. For purposes of this subsection, the amount of past tax liability for land to be withdrawn from the managed forest land program shall be calculated by multiplying the total net property tax rate in the municipality in which managed forest land to be withdrawn is located in the year prior to the year in which an order withdrawing the land is issued by an amount equal to the assessed value of the land for that same year, as calculated by the department of revenue, and by then multiplying that product by 10 or by the number of years the land was designated as managed forest land, whichever number is fewer.

SB434,75 Section 75. 77.88 (5) (am) (title) of the statutes is created to read:

SB434,24,12 77.88 (5) (am) (title) Converted forest croplands.

SB434,76 Section 76. 77.88 (5) (am) 1. of the statutes is amended to read:

SB434,24,15 77.88 (5) (am) 1. The amount calculated under par. (a) of past tax liability under par. (ac) for the land.

SB434,77 Section 77. 77.88 (5) (ar) of the statutes is repealed.

SB434,78 Section 78. 77.88 (5) (b) of the statutes is repealed.

SB434,79 Section 79. 77.88 (5) (c) of the statutes is repealed.

SB434,80 Section 80. 77.88 (5m) of the statutes is amended to read:

SB434,24,21 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.

SB434,81 Section 81. 77.88 (8) (b) of the statutes is amended to read:

SB434,25,2 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).

SB434,82 Section 82. 77.88 (11) of the statutes is amended to read:

SB434,25,6 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.

SB434,83 Section 83. 77.89 (1) (a) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

SB434,25,13 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.

SB434,84 Section 84. 77.89 (2) (b) of the statutes is amended to read:

SB434,25,21 77.89 (2) (b) The municipal treasurer shall pay all 20 percent of the 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 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 and shall deposit the remainder in the municipal treasury.

SB434,85 Section 85. 77.91 (3) of the statutes is repealed.

SB434,86 Section 86. 77.91 (3m) of the statutes is amended to read:

SB434,26,8 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).

SB434,87 Section 87. 77.91 (6) (d) of the statutes is created to read:

SB434,26,12 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).

SB434,88 Section 88. 77.91 (8) of the statutes is created to read:

SB434,26,24 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.

SB434,89 Section 89. Nonstatutory provision.

SB434,27,6 (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.

SB434,90 Section 90 . Initial applicability.

SB434,27,12 (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.

SB434,27,15 (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.

SB434,91 Section 91. Effective dates. This act takes effect on the day after publication, except as follows:

SB434,27,21 (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.

SB434,27,22 (End)