LRB-3441/1
MGG:bjk:pg
2007 - 2008 LEGISLATURE
February 8, 2008 - Introduced by Representatives Bies, Albers, Hahn, Mursau,
Musser, A. Ott, Owens, Townsend and Wood, cosponsored by Senators A.
Lasee and Olsen. Referred to Committee on Forestry.
AB785,1,3
1An Act to amend 26.03 (1m), 26.03 (1m) (a) 2. and 26.03 (1m) (b) (intro.); and
2to create 26.03 (1m) (a) 1g. of the statutes;
relating to: notification to counties
3of the harvesting of raw forest products.
Analysis by the Legislative Reference Bureau
Under current law, with certain exceptions, no person may harvest any raw
forest products without giving the clerk of the county in which the land is located 14
days' notice of the intention to harvest the products. The clerk must then give notice
to the town chairperson of each town in which the land is located and to the county
treasurer. If the county treasurer determines that there are unpaid taxes on the
land, the county treasurer must take action to collect the unpaid taxes or prevent the
harvesting of the raw forest products. A person who fails to give this notice is subject
to a forfeiture.
Under this bill, a person is considered to not be in violation of this notification
requirement if the person notifies the county clerk of the harvesting within seven
days after being informed by the Department of Natural Resources or by the county
of the notification requirement.
For further information see the 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:
AB785, s. 1
1Section
1. 26.03 (1m) of the statutes is amended to read:
AB785,2,72
26.03
(1m) Harvesting upon notification. (a) 1. Unless otherwise authorized
3to do so by the county
and subject to subd. 1g., no person may harvest any raw forest
4products, or direct the harvesting of any raw forest products, from any land until 14
5days after the clerk of the county in which the land is located is notified of the person's
6proposal to harvest. The person shall notify the county clerk each year and may do
7so in any manner acceptable to the county.
AB785,2,11
81r. Each time the person notifies the county
under this paragraph, the person
9shall describe the land upon which the harvesting will occur by quarter-quarter
10section, government lot or fractional lot, unless the county requires a different
11method for describing the land.
AB785,2,15
123. Notification
required under
this subdivision subd. 1. expires on the
13December 31 immediately following the notification, and no person may harvest, or
14direct the harvesting of, any additional raw forest products from the land until
15further notification that complies with this subdivision is provided to the county.
AB785, s. 2
16Section
2. 26.03 (1m) (a) 1g. of the statutes is created to read:
AB785,2,2217
26.03
(1m) (a) 1g. A person who has never previously given notice under subd.
181. and who harvested raw forest products or who directed the harvesting of raw forest
19products without giving the notice required under subd 1. shall be considered to not
20be in violation of subd. 1. if the person notifies the county clerk of the harvesting
21within 7 days after being informed by the department or by the county of the
22notification requirement.
AB785, s. 3
23Section
3. 26.03 (1m) (a) 2. of the statutes is amended to read:
AB785,3,724
26.03
(1m) (a) 2. Upon receipt of notifications under subd. 1.
or 1g., the county
25clerk shall provide notice to the town chairperson of each town in which the land from
1which raw forest products will be
or were harvested is located and to the county
2treasurer. The county treasurer shall determine whether the county holds a tax
3certificate or tax deeds to any of the land involved. If the county holds a tax
4certificate, the county treasurer shall take action to collect the unpaid taxes
5represented by county-owned tax certificates or to prevent the harvesting of raw
6forest products from the land. If the county holds a tax deed, the county treasurer
7shall take action to prevent the harvesting of raw forest products from the land.
AB785, s. 4
8Section
4. 26.03 (1m) (b) (intro.) of the statutes is amended to read:
AB785,3,139
26.03
(1m) (b) (intro.) Paragraph (a) 1.
and 1g. does not apply to a person
10harvesting raw forest products on public lands, as defined in s. 70.13 (7), to a person
11harvesting raw forest products for fuel wood for his or her home consumption, to a
12person harvesting for the purpose of clearing the land for agricultural use or to a
13person harvesting from the person's own land, any of the following:
