LRB-1377/1
MGG:lmk:jf
2007 - 2008 LEGISLATURE
March 12, 2007 - Introduced by Representatives Bies, Gottlieb, Gunderson,
Hraychuck, Musser, F. Lasee, A. Ott, Petrowski, Stone, Townsend
and M.
Williams
, cosponsored by Senators Plale, Cowles and Darling. Referred to
Committee on Natural Resources.
AB156,1,8 1An Act to amend 23.09 (2p) (b), 23.09 (19) (cg), 23.09 (20) (am), 23.09 (20m) (b),
223.0917 (7) (a), 23.0917 (7) (e), 23.0917 (7) (f) 2., 23.0917 (8) (a), 23.0917 (8) (b),
323.0917 (8) (c), 23.0917 (8) (d), 23.0917 (12), 23.092 (4), 23.092 (5) (a), 23.094
4(3g), 23.094 (4) (a), 23.096 (2) (a), 23.098 (2), 23.175 (3) (b) (intro.), 23.175 (3m),
523.27 (4), 23.27 (5), 23.29 (2), 23.29 (3), 23.293 (4), 23.293 (5), 30.277 (1m),
630.277 (2) (c), 292.11 (9) (e) 1m. f. and 292.23 (2) (f); and to create 20.370 (1)
7(mw), 25.17 (1) (tb) and 25.299 of the statutes; relating to: creation of the
8stewardship 2000 trust fund and making an appropriation.
Analysis by the Legislative Reference Bureau
Current law authorizes the state to incur public debt for certain conservation
activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program,
which is administered by the Department of Natural Resources (DNR). The state
may incur this debt under this program to acquire land for the state for conservation
purposes and may award grants or state aid to certain local governmental units,
including the Kickapoo Reserve Management Board, and nonprofit conservation
organizations to acquire lands for these conservation purposes. Current law
provides no other funding for the stewardship 2000 program.

This bill creates the stewardship 2000 trust fund. Under the bill, all gifts,
grants, bequests and other contributions made to the stewardship 2000 trust fund
may only be used for the stewardship 2000 program.
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:
AB156, s. 1 1Section 1. 20.370 (1) (mw) of the statutes is created to read:
AB156,2,42 20.370 (1) (mw) Warren Knowles-Gaylord Nelson stewardship 2000 program.
3From the stewardship 2000 trust fund, a sum sufficient for the Warren
4Knowles-Gaylord Nelson stewardship 2000 program under s. 23.0917.
AB156, s. 2 5Section 2. 23.09 (2p) (b) of the statutes is amended to read:
AB156,2,136 23.09 (2p) (b) Except as provided in par. (c), an amount of money equal to the
7value of the donation under par. (a) shall be released from the appropriation under
8s. 20.370 (1) (mw) or 20.866 (2) (ta) or (tz) or both, or from any combination of these
9appropriations,
to be used for land acquisition activities for the same project for
10which any donation was made on or after August 9, 1989. The department shall
11determine how the moneys being released are to be allocated from these
12appropriations. This paragraph does not apply to transfers of land from agencies
13other than the department.
AB156, s. 3 14Section 3. 23.09 (19) (cg) of the statutes is amended to read:
AB156,2,1815 23.09 (19) (cg) The department may award grants from the appropriation
16under s. 20.370 (1) (mw) or 20.866 (2) (ta) for the acquisition of land or rights in land
17for urban green space under this subsection only for the purposes of nature-based
18outdoor recreation.
AB156, s. 4 19Section 4. 23.09 (20) (am) of the statutes is amended to read:
AB156,3,9
123.09 (20) (am) Any governmental unit may apply for state aids for the
2acquisition and development of recreational lands and rights in lands. State aids
3under this subsection that are expended from the appropriation under s. 20.370 (1)
4(mw) or
20.866 (2) (ta) may only be used for nature-based outdoor recreation. State
5aids received by a municipality shall be used for the development of its park system
6in accordance with priorities based on comprehensive plans submitted with the
7application and consistent with the outdoor recreation program under s. 23.30. An
8application under this subsection shall be made in the manner the department
9prescribes.
AB156, s. 5 10Section 5. 23.09 (20m) (b) of the statutes is amended to read:
AB156,3,1511 23.09 (20m) (b) The department shall establish a program to award grants
12from the appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta) to governmental
13units and nonprofit conservation organizations to acquire development rights in
14land for nature-based outdoor recreation. The grants shall be limited to no more
15than 50% 50 percent of the acquisition costs of the development rights.
AB156, s. 6 16Section 6. 23.0917 (7) (a) of the statutes is amended to read:
AB156,3,2217 23.0917 (7) (a) Except as provided in pars. (b) and (c), for purposes of
18calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and
19(20m), 23.092 (4), 23.094 (3g), 23.096, 30.24 (4) and 30.277 from the appropriation
20under s. 20.370 (1) (mw) or 20.866 (2) (ta), the acquisition costs shall equal the sum
21of the land's current fair market value and other acquisition costs, as determined by
22rule by the department.
AB156, s. 7 23Section 7. 23.0917 (7) (e) of the statutes is amended to read:
AB156,4,1424 23.0917 (7) (e) For any land for which moneys are proposed to be obligated from
25the appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta) in order to provide a

1grant or state aid to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277
2or to a nonprofit conservation organization under s. 23.096, the department shall use
3at least 2 appraisals to determine the fair market value of the land. The
4governmental unit or nonprofit conservation organization shall submit to the
5department one appraisal that is paid for by the governmental unit or nonprofit
6conservation organization. The department shall obtain its own independent
7appraisal. The department may also require that the governmental unit or nonprofit
8conservation organization submit a 3rd independent appraisal. The department
9shall reimburse the governmental unit or nonprofit conservation organization up to
1050% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the
11land is acquired by the governmental unit or nonprofit conservation organization
12with moneys obligated from the appropriation under s. 20.370 (1) (mw) or 20.866 (2)
13(ta). This paragraph does not apply if the fair market value of the land is estimated
14by the department to be $200,000 or less.
AB156, s. 8 15Section 8. 23.0917 (7) (f) 2. of the statutes is amended to read:
AB156,4,2316 23.0917 (7) (f) 2. For any acquisition of any land that is funded with moneys
17obligated from the appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta), the
18department, within 30 days after the moneys are obligated, shall submit to the clerk
19and the assessor of each taxation district in which the land is located a copy of every
20appraisal in the department's possession that was prepared in order to determine the
21fair market value of the land involved. An assessor who receives a copy of an
22appraisal under this subdivision shall consider the appraisal in valuing the land as
23provided under s. 70.32 (1).
AB156, s. 9 24Section 9. 23.0917 (8) (a) of the statutes is amended to read:
AB156,5,3
123.0917 (8) (a) The department may not obligate moneys from the
2appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta) for the acquisition of land
3for golf courses or for the development of golf courses.
AB156, s. 10 4Section 10. 23.0917 (8) (b) of the statutes is amended to read:
AB156,5,95 23.0917 (8) (b) The department may not obligate moneys from the
6appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta) for the acquisition or
7development of land by a county or other local governmental unit or political
8subdivision if the county, local governmental unit, or political subdivision acquires
9the land involved by condemnation.
AB156, s. 11 10Section 11. 23.0917 (8) (c) of the statutes is amended to read:
AB156,5,1511 23.0917 (8) (c) The department may not obligate moneys from the
12appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta) for the acquisition by a city,
13village or town of land that is outside the boundaries of the city, village or town unless
14the city, village or town acquiring the land and the city, village or town in which the
15land is located approve the acquisition.
AB156, s. 12 16Section 12. 23.0917 (8) (d) of the statutes is amended to read:
AB156,5,2517 23.0917 (8) (d) The department may not acquire land using moneys from the
18appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta) without the prior approval
19of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board
20of supervisors of the county in which the land is located if at least 66% of the land
21in the county is owned or under the jurisdiction of the state, the federal government,
22or a local governmental unit, as defined in s. 66.0131 (1) (a). Before determining
23whether to approve the acquisition, the county in which the land is located shall post
24notices that inform the residents of the community surrounding the land of the
25possible acquisitions.
AB156, s. 13
1Section 13. 23.0917 (12) of the statutes is amended to read:
AB156,6,72 23.0917 (12) Expenditures after June 30, 2010. If the remaining bonding
3authority for a subprogram under sub. (3) or (4) on June 30, 2010, is an amount
4greater than zero, the department may expend any portion of this remaining bonding
5authority for that subprogram in one or more subsequent fiscal years. The
6department may also expend moneys from the appropriation under s. 20.370 (1)
7(mw) for the stewardship 2000 trust fund under s. 25.299 after June 30, 2010.
AB156, s. 14 8Section 14. 23.092 (4) of the statutes is amended to read:
AB156,6,179 23.092 (4) The department may share the costs of implementing land
10management practices with landowners, or with nonprofit organizations that are
11qualified to enhance wildlife-based recreation if these organizations have the
12landowner's permission to implement the practices. The department may share the
13costs of acquiring easements for habitat areas with landowners or with these
14nonprofit organizations. If the funding for cost-sharing under this subsection will
15be expended from the appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta), the
16amount expended for the cost-sharing may not exceed 50% of the cost of the
17management practices or of the acquisition costs for the easement.
AB156, s. 15 18Section 15. 23.092 (5) (a) of the statutes is amended to read:
AB156,7,419 23.092 (5) (a) The department shall determine the value of land or an easement
20donated to the department that is within a habitat area and is dedicated for purposes
21of habitat protection, enhancement or restoration. For an easement, the valuation
22shall be based on the extent to which the fair market value of the land is diminished
23by the transfer. Except as provided in par. (b), an amount of money equal to the value
24of the donation shall be released from the appropriation under s. 20.370 (1) (mw) or
2520.866 (2) (ta) or (tz) or both, or from any combination of these appropriations, to be

1used for habitat protection, enhancement or restoration activities for the same
2habitat area in which any donation was made on or after August 9, 1989. The
3department shall determine how the moneys being released are to be allocated from
4these appropriations.
AB156, s. 16 5Section 16. 23.094 (3g) of the statutes is amended to read:
AB156,7,146 23.094 (3g) Acquisition by political subdivision. A political subdivision may
7acquire by gift, devise or purchase land adjacent to a stream identified as a priority
8stream under sub. (2) or acquire by gift, devise or purchase a permanent stream bank
9easement from the owner of the land. The department may make grants from the
10appropriation under s. 20.866 (2) (tz) to political subdivisions to purchase these lands
11and easements. The department may make grants under s. 23.096 from the
12appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta) or (tz) or both from any
13combination of these appropriations
. Whenever possible, the land or easement shall
14include the land within at least 66 feet from either side of the stream.
AB156, s. 17 15Section 17. 23.094 (4) (a) of the statutes is amended to read:
AB156,7,2516 23.094 (4) (a) The department shall determine the value of land or an easement
17donated to the department for purposes of this section and for stream bank
18protection under s. 23.096. For an easement, the valuation shall be based on the
19extent to which the fair market value of the land is diminished by the transfer.
20Except as provided in par. (b), an amount of money equal to the value of the donation
21shall be released from the appropriation under s. 20.370 (1) (mw) or 20.866 (2) (ta)
22or (tz) or both, or from any combination of these appropriations, to be used to acquire
23easements and land under this section and s. 23.096 for the same stream for which
24any donation was made on or after August 9, 1989. The department shall determine
25how the moneys being released are to be allocated from these appropriations.
AB156, s. 18
1Section 18. 23.096 (2) (a) of the statutes is amended to read:
AB156,8,62 23.096 (2) (a) The department may award grants from the appropriation under
3s. 20.370 (1) (mw) or 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to
4acquire property for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11.,
512. and 15., (19), (20) and (20m), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293,
630.24 and 30.277.
AB156, s. 19 7Section 19. 23.098 (2) of the statutes is amended to read:
AB156,8,128 23.098 (2) The department shall establish a program to make grants from the
9appropriations under s. ss. 20.370 (1) (mw) and 20.866 (2) (ta) and (tz) to friends
10groups and nonprofit conservation organizations for projects for property
11development activities on department properties. The department may not
12encumber more than $250,000 in each fiscal year for these grants.
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