Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,72,19 (6) If a state agency or local governmental unit authorizes payment in violation of sub. (2), the grant, subsidy or other funding under which the state agency or local governmental unit authorized payment in violation of sub. (2), is terminated; and the entity, public agency or individual shall return to the state agency or local governmental unit funds that have been paid to the entity, public agency or individual under the grant, subsidy or other funding.".

AB133-ASA1-AA2,72,20 323. Page 419, line 12: after that line insert:

AB133-ASA1-AA2,72,21 " Section 652d. 20.9275 (2m) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,72,24 20.9275 (2m) (intro.) Nothing in sub. (2) prohibits the providing of nondirective information explaining promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, any of the following:

AB133-ASA1-AA2, s. 652e Section 652e. 20.9275 (2m) (c) of the statutes is repealed.

AB133-ASA1-AA2, s. 652f Section 652f. 20.9275 (2n) of the statutes is created to read:

AB133-ASA1-AA2,73,5 20.9275 (2n) None of the funds specified under sub. (2) (intro.) may be paid to an organization or affiliate of an organization that engages in an activity that is specified under sub. (2) (a) 1. to 3.

AB133-ASA1-AA2, s. 652g Section 652g. 20.9275 (3) of the statutes is amended to read:

AB133-ASA1-AA2,73,12 20.9275 (3) Subject to sub. (3m), no organization that receives funds specified under sub. (2) (intro.) may use program funds or any other public funds for an activity that is specified under sub. (2) (a) 1. to 3. No organization that receives funds specified under sub. (2) (intro.) may transfer any program funds or any other public funds to an organization or affiliate of an organization that engages in an activity that is specified under sub. (2) (a) 1. to 3.".

AB133-ASA1-AA2,73,13 324. Page 431, line 15: after that line insert:

AB133-ASA1-AA2,73,15 "(am) "Available bonding authority" means the annual bonding authority as it may be adjusted under sub. (4g) (b), (4m) (k), (4r) (b), (5) or (5m).".

AB133-ASA1-AA2,73,16 325. Page 431, line 22: after that line insert:

AB133-ASA1-AA2,73,18 "(dm) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).".

AB133-ASA1-AA2,73,19 326. Page 432, line 5: after that line insert:

AB133-ASA1-AA2,73,21 "(h) "State conservation reserve enhancement subprogram" means the subprogram under sub. (2) (a) 5.

AB133-ASA1-AA2,73,24 (i) "Total bonding authority" means the total amount that may be obligated under a subprogram under the Warren Knowles-Gaylord Nelson stewardship 2000 program over the entire duration of the program.".

AB133-ASA1-AA2,74,1 327. Page 432, line 7: delete "for conservation and recreational purposes".

AB133-ASA1-AA2,74,3 328. Page 432, line 9: after "acquisition" insert "for conservation or recreational".

AB133-ASA1-AA2,74,4 329. Page 432, line 10: after that line insert:

AB133-ASA1-AA2,74,5 "3. A subprogram for bluff protection.

AB133-ASA1-AA2,74,7 4. A subprogram for land acquisition in the Baraboo Hills for conservation purposes.

AB133-ASA1-AA2,74,10 5. A subprogram to enable the state to participate in the state conservation reserve enhancement program as approved by the secretary of the federal department of agriculture under 16 USC 3834 (f) (4).".

AB133-ASA1-AA2,74,12 330. Page 432, line 11: substitute "Except as provided in sub. (5m), no" for "No".

AB133-ASA1-AA2,74,13 331. Page 433, line 8: delete that line.

AB133-ASA1-AA2,74,14 332. Page 433, line 10: delete that line.

AB133-ASA1-AA2,74,15 333. Page 433, line 11: delete lines 11 to 12 and substitute:

AB133-ASA1-AA2,74,18 "(dm) Except as provided in subs. (4m) (k), (4r) (b), (5) and (5m), the department may not obligate under the subprogram for land acquisition more than the following amounts:

AB133-ASA1-AA2,74,19 1. For fiscal year 2000-01, $10,000,000.

AB133-ASA1-AA2,74,20 2. For fiscal year 2001-02, $13,500,000.

AB133-ASA1-AA2,74,21 3. For fiscal year 2002-03, $15,500,000.

AB133-ASA1-AA2,74,22 4. For fiscal year 2003-04, $19,000,000.

AB133-ASA1-AA2,75,2 5. For each fiscal year beginning with 2004-05 and ending with fiscal year 2009-10, $19,500,000.".

AB133-ASA1-AA2,75,3 334. Page 434, line 9: delete lines 9 to 19 and substitute:

AB133-ASA1-AA2,75,6 "(dm) Except as provided in subs. (4r) (b) and (5), the department may not obligate under the subprogram for property development and local assistance more than the following amounts:

AB133-ASA1-AA2,75,7 1. For fiscal year 2000-01, $8,100,000.

AB133-ASA1-AA2,75,8 2. For fiscal year 2001-02, $11,000,000.

AB133-ASA1-AA2,75,9 3. For fiscal year 2002-03, $12,700,000.

AB133-ASA1-AA2,75,11 4. For each fiscal year beginning with 2003-04 and ending with fiscal year 2009-10, $15,500,000.".

AB133-ASA1-AA2,75,12 335. Page 434, line 21: after that line insert:

AB133-ASA1-AA2,75,15 "(4g) Bluff protection. (a) Except as provided in par. (b) and subs. (4r) (b) and (5), the department may not obligate under the subprogram for bluff protection more than the following amounts:

AB133-ASA1-AA2,75,16 1. For fiscal year 2000-01, $1,900,000.

AB133-ASA1-AA2,75,18 2. For each fiscal year beginning with 2001-02 and ending with fiscal year 2003-04, $500,000.

AB133-ASA1-AA2,75,24 (b) If the total amount obligated for the subprogram for bluff protection on June 30, 2004, is less than $3,400,000, the department shall calculate the unobligated amount by subtracting the total obligated amount from $3,400,000. The department shall then adjust the available bonding authority for the subprogram for property development and local assistance by increasing the available bonding authority in an amount equal to the unobligated amount.

AB133-ASA1-AA2,76,2 (c) The department may not obligate moneys for the subprogram for bluff protection after June 30, 2004.

AB133-ASA1-AA2,76,3 (4m) Baraboo Hills. (a) Definitions. In this subsection:

AB133-ASA1-AA2,76,6 1. "Assigned amount" means the sum of the amounts made available for expenditure under par. (g) and the amounts set aside by the department under par. (h) 1.

AB133-ASA1-AA2,76,9 2. "Federal nontransportation moneys" means moneys received from the federal government that are not deposited in the transportation fund and that are not credited to the appropriations under ss. 20.115 (2) (m) and 20.445 (1) (ox).

AB133-ASA1-AA2,76,12 3. "Local governmental unit" means a city, village, town, county, lake sanitary district, as defined in s. 30.50 (4q) or a public inland lake protection and rehabilitation district.

AB133-ASA1-AA2,76,14 4. "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

AB133-ASA1-AA2,76,17 (b) Matching funding. The department shall provide funding under the subprogram for the Baraboo Hills to match the value of land acquisitions that are certified as qualifying matching land acquisitions under par. (e).

AB133-ASA1-AA2,76,19 (c) Overall requirements. 1. Except as provided in sub. (4r) (b), the department may obligate not more than $5,000,000 under the subprogram for the Baraboo Hills.

AB133-ASA1-AA2,76,23 2. The amount of moneys, other than federal moneys, that may be used by local governmental units or nonprofit conservation organizations to make land acquisitions that are certified as qualifying matching land acquisitions under par. (e) may not exceed $2,500,000.

AB133-ASA1-AA2,77,3 3. Land that is either certified as a qualifying matching land acquisition under par. (e) or (h) 2. or acquired with moneys made available for expenditure under par. (g) or (h) 2. may not be department land or land that is otherwise owned or under the jurisdiction of the state on the effective date of this subdivision .... [revisor inserts date].

AB133-ASA1-AA2,77,6 (d) Matching land acquisitions; requirements. The department may only certify as a qualifying matching land acquisition in the Baraboo Hills an acquisition to which all of the following apply:

AB133-ASA1-AA2,77,7 1. The land is being acquired for conservation purposes.

AB133-ASA1-AA2,77,9 2. The land is being acquired by the federal government, by a local governmental unit or by a nonprofit conservation organization.

AB133-ASA1-AA2,77,11 3. Any federal moneys being used for the acquisition are federal nontransportation moneys.

AB133-ASA1-AA2,77,15 (e) Matching land acquisitions; certification. The department shall certify which land acquisitions qualify as matching land acquisitions for the subprogram for the Baraboo Hills and shall determine the values of these matching land acquisitions as provided in par. (f).

AB133-ASA1-AA2,77,18 (f) Matching land acquisitions; valuation. The value of a land acquisition that is certified as a qualifying matching land acquisition under par. (e) shall be calculated as follows:

AB133-ASA1-AA2,77,22 1. For land that is acquired by purchase at fair market value, the value shall equal the sum of the purchase price and the costs incurred by the federal government, local governmental unit or nonprofit conservation organization in acquiring the land.

AB133-ASA1-AA2,78,2 2. For land that is acquired by gift or bequest or by purchase at less than fair market value, the value shall equal the sum of the appraised fair market value of the land at the time of the acquisition and the costs incurred by the acquiring entity in acquiring the land. The acquiring entity shall supply the appraisal upon which the appraised fair market value is based.

AB133-ASA1-AA2,78,9 (g) Matching land acquisitions; available moneys. For each land acquisition that is certified as a qualifying matching land acquisition under par. (e) the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f). This paragraph does not apply to a land acquisition that is acquired with moneys committed by the federal government, local governmental unit or nonprofit conservation organization under par. (h).

AB133-ASA1-AA2,78,17 (h) Matching land acquisitions; future commitments. 1. In addition to the moneys made available for expenditure under par. (g), the department shall set aside moneys in amounts that equal amounts that the federal government, local governmental units or nonprofit conservation organizations commit for the acquisition of land in the Baraboo Hills for conservation purposes. Federal moneys that are committed under this paragraph shall be federal nontransportation moneys. The department may set aside moneys under this paragraph only for commitments that are made before January 1, 2006.

AB133-ASA1-AA2,78,23 2. For each land acquisition that is made by using moneys that are committed by the federal government, a local governmental unit or a nonprofit conservation organization under this paragraph and that is certified as a qualifying matching land acquisition under par. (e), the department shall make available for expenditure moneys in an amount that equals the value of the land acquisition, as calculated under par. (f), after the acquisition is certified.

AB133-ASA1-AA2,79,2 (i) Available moneys; uses. The moneys made available for expenditure under par. (g) or (h) 2. may be used by the department to acquire land in the Baraboo Hills for conservation purposes and to award grants to local governmental units and nonprofit conservation organizations.

AB133-ASA1-AA2,79,8 (j) Available moneys; grant requirements. A local governmental unit or nonprofit conservation organization that receives a grant under par. (i) does not need to provide any matching funding. Land acquired with moneys from a grant awarded under par. (i) may not be certified by the department as a qualifying matching land acquisition under par. (e). Grants awarded under par. (i) shall be used to acquire land for conservation purposes in the Baraboo Hills.

AB133-ASA1-AA2,79,17 (k) Unassigned amount. If the assigned amount for the subprogram for the Baraboo Hills on January 1, 2006, is less than the available bonding authority, the department shall calculate the unassigned amount by subtracting the assigned amount from the available bonding authority. The department shall then adjust the annual bonding authority for the subprogram for land acquisition by increasing its annual bonding authority by an amount equal to this unassigned amount. The department shall expend any assigned amount that has not been expended before January 1, 2006, for acquisitions by the department of land for conservation purposes and for grants that meet the requirements under par. (j).

AB133-ASA1-AA2,79,22 (L) Highway construction required. No moneys may be obligated for the subprogram for the Baraboo Hills before the department of transportation certifies to the department of natural resources that highway construction that will result in at least 4 traffic lanes has begun on the portion of USH 12 between the city of Middleton and the village of Sauk City.

AB133-ASA1-AA2,80,2 (4r) State conservation reserve enhancement subprogram. (a) Limits. Except as provided in par. (b) 2. and sub. (5), the department may not obligate under the subprogram for state conservation reserve enhancement more than the following amounts:

AB133-ASA1-AA2,80,3 1. For fiscal year 2000-01, $10,000,000.

AB133-ASA1-AA2,80,4 2. For fiscal year 2001-02, $10,000,000.

AB133-ASA1-AA2,80,5 3. For fiscal year 2002-03, $6,300,000.

AB133-ASA1-AA2,80,13 (b) Transfers to other subprograms; removal of limits. 1. If the available bonding authority for a given fiscal year under the subprogram under this subsection is more than the subprogram's annual bonding authority, the department of agriculture, trade and consumer protection may transfer an amount not to exceed the difference between the subprogram's available bonding authority less the annual bonding authority to one or more of the other subprograms under sub. (3), (4), (4g) or (4m) if the board of agriculture, trade and consumer protection determines that all of the conditions under sub. (5) (e) apply.

AB133-ASA1-AA2,80,20 2. If the total amount obligated for the state conservation reserve enhancement subprogram on June 30, 2003, is less than $26,300,000, the department of agriculture, trade and consumer protection shall calculate the unobligated amount by subtracting the obligated amount from $26,300,000. The department of agriculture, trade and consumer protection may then expend for this subprogram any portion of or all of this unobligated amount in one or more subsequent fiscal years.

AB133-ASA1-AA2,80,25 3. The department of agriculture, trade and consumer protection may also transfer a portion or all of the unobligated amount under subd. 2. to one or more of the other subprograms under sub. (3), (4), (4g) or (4m) if the board of agriculture, trade and consumer protection determines that all of the conditions under sub. (5) (e) apply.".

AB133-ASA1-AA2,81,1 336. Page 434, line 22: delete lines 22 to 25 and substitute:

AB133-ASA1-AA2,81,6 "(5) Adjustments for subsequent fiscal years. (a) If for a given fiscal year the amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3), (4), (4g) or (4r) is less than the annual bonding authority for that subprogram for that given fiscal year, the department that obligates moneys under the subprogram shall adjust".

AB133-ASA1-AA2,81,7 337. Page 435, line 6: delete lines 6 to 9 and substitute:

AB133-ASA1-AA2,81,12 "(b) If for a given fiscal year the amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3), (4), (4g) or (4r) is more than the annual bonding authority for that subprogram for that given fiscal year, the department that obligates moneys under the subprogram shall adjust the annual bonding authority for that".

AB133-ASA1-AA2,81,13 338. Page 435, line 13: after "(c)" insert ", (cm), (d)".

AB133-ASA1-AA2,81,14 339. Page 435, line 14: substitute "(e)" for "(d)".

AB133-ASA1-AA2,81,15 340. Page 435, line 16: substitute "(3), (4) or (4g)" for "(3) or (4)".

AB133-ASA1-AA2,81,16 341. Page 435, line 19: after that line insert:

AB133-ASA1-AA2,81,21 "(cm) The department of agriculture, trade and consumer protection may not obligate in a fiscal year an amount from the moneys appropriated under s. 20.866 (2) (ta) for the subprogram under sub. (4r) that exceeds the amount equal to the annual bonding authority for that subprogram as it may have been previously adjusted under pars. (a) and (b), except as provided in par. (e).".

AB133-ASA1-AA2,81,22 342. Page 435, line 21: substitute "(3), (4) or (4g)" for "(3) or (4)".

AB133-ASA1-AA2,81,23 343. Page 436, line 9: after that line insert:

AB133-ASA1-AA2,82,8 "(e) For a given fiscal year, in addition to obligating the amount of the annual bonding authority for the subprogram under sub. (4r), or the amount equal to the annual bonding authority for that subprogram, as adjusted under pars. (a) and (b), whichever amount is applicable, the department of agriculture, trade and consumer protection may also obligate for that subprogram up to 100% of the subprogram's annual bonding authority for that given fiscal year if the board of agriculture, trade and consumer protection determines that the conditions specified in par. (d) 1. to 3. apply.

AB133-ASA1-AA2,82,13 (5m) Adjustments for land acquisitions. (a) Beginning in fiscal year 1999-2000, the department, subject to the approval of the governor and the joint committee on finance under sub. (6), may obligate under the subprogram for land acquisition any amount not in excess of the total bonding authority for that subprogram for the acquisition of land.

AB133-ASA1-AA2,82,15 (b) For each land acquisition transaction under this subsection, all of the following apply: