Amendment ASA1-AB133

AB133-ASA1, s. 664d Section 664d. 23.092 (5) (a) of the statutes is amended to read:

AB133-ASA1,440,11 23.092 (5) (a) The department shall determine the value of land or an easement donated to the department that is within a habitat area and is dedicated for purposes of habitat protection, enhancement or restoration. For an easement, the valuation shall be based on the extent to which the fair market value of the land is diminished by the transfer. Beginning on July 1, 1990, and except Except as provided in par. (b), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used for habitat protection, enhancement or restoration activities for the same habitat area in which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations.

AB133-ASA1, s. 664f Section 664f. 23.092 (5) (b) of the statutes is renumbered 23.092 (5) (b) 1. and amended to read:

AB133-ASA1,440,24 23.092 (5) (b) 1. If the moneys to be released allocated under par. (a) for release from the appropriation under s. 20.866 (2) (tz) to match a donation under par. (a) will exceed the expenditure limit under sub. (6) for a given fiscal year, as adjusted under s. 23.0915 (2), the department shall release from the moneys appropriated under s. 20.866 (2) (tz) the remaining amount available under the expenditure limit under sub. (6), as adjusted under s. 23.0915 (2), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (tz) an amount equal to the expenditure limit under sub. (6), as adjusted under s. 23.0915 (2), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released. This subdivision does not apply after June 30, 2000.

AB133-ASA1, s. 664h Section 664h. 23.092 (5) (b) 2. of the statutes is created to read:

AB133-ASA1,441,11 23.092 (5) (b) 2. If the moneys allocated under par. (a) for release from the appropriation under s. 20.866 (2) (ta) to match a donation under par. (a) will exceed the annual bonding authority for the subprogram under s. 23.0917 (3) for a given fiscal year, as adjusted under s. 23.0917 (5), the department shall release from the moneys appropriated under s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under s. 23.0917 (5), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released.

AB133-ASA1, s. 664i Section 664i. 23.092 (6) of the statutes is amended to read:

AB133-ASA1,441,17 23.092 (6) Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,500,000 under this section for fisheries, for habitat areas and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount the department may not expend more than $75,000 for fisheries in each fiscal year.

AB133-ASA1, s. 664j Section 664j. 23.092 (6) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1,441,23 23.092 (6) Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,500,000 under this section for fisheries, for habitat areas and for grants for this purpose under s. 23.096 in each fiscal year.

AB133-ASA1, s. 665k Section 665k. 23.094 (3g) of the statutes is amended to read:

AB133-ASA1,442,8 23.094 (3g) Acquisition by political subdivision. A political subdivision may acquire by gift, devise or purchase land adjacent to a stream identified as a priority stream under sub. (2) or acquire by gift, devise or purchase a permanent stream bank easement from the owner of the land. The department may make grants from the appropriation under s. 20.866 (2) (tz) to political subdivisions to purchase these lands and easements. The department may make grants under s. 23.096 from the appropriation under s. 20.866 (2) (ta) or (tz) or both. Whenever possible, the land or easement shall include the land within at least 66 feet from either side of the stream.

AB133-ASA1, s. 665L Section 665L. 23.094 (3m) of the statutes is created to read:

AB133-ASA1,442,11 23.094 (3m) Limits. A grant under sub (3g) may not exceed 50% of the acquisition costs for the land or the easement.

AB133-ASA1, s. 665m Section 665m. 23.094 (4) (a) of the statutes is amended to read:

AB133-ASA1,442,22 23.094 (4) (a) The department shall determine the value of land or an easement donated to the department for purposes of this section and for stream bank protection under s. 23.096. For an easement, the valuation shall be based on the extent to which the fair market value of the land is diminished by the transfer. Beginning July 1, 1990, and except Except as provided in par. (b), an amount of money equal to the value of the donation shall be released from the appropriation under s. 20.866 (2) (ta) or (tz) or both to be used to acquire easements and land under this section and s. 23.096 for the same stream for which any donation was made on or after August 9, 1989. The department shall determine how the moneys being released are to be allocated from these appropriations.

AB133-ASA1, s. 665n Section 665n. 23.094 (4) (b) of the statutes is renumbered 23.094 (4) (b) 1. and amended to read:

AB133-ASA1,443,11 23.094 (4) (b) 1. If the moneys to be released allocated under par. (a) for release from the appropriation under s. 20.866 (2) (tz) to match a donation under par. (a) will exceed the expenditure limit under sub. (8) for a given fiscal year, as adjusted under s. 23.0915 (2), the department shall release from the moneys appropriated under s. 20.866 (2) (tz) the remaining amount available under the expenditure limit under sub. (8), as adjusted under s. 23.0915 (2), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (tz) an amount equal to the expenditure limit under sub. (8), as adjusted under s. 23.0915 (2), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released. This subdivision does not apply after June 30, 2000.

AB133-ASA1, s. 665o Section 665o. 23.094 (4) (b) 2. of the statutes is created to read:

AB133-ASA1,443,23 23.094 (4) (b) 2. If the moneys allocated under par. (a) for release from the appropriation under s. 20.866 (2) (ta) to match a donation under par. (a) will exceed the annual bonding authority for the subprogram under s. 23.0917 (3) for a given fiscal year, as adjusted under s. 23.0917 (5), the department shall release from the moneys appropriated under s. 20.866 (2) (ta) the remaining amount available under that annual bonding authority, as adjusted under s. 23.0917 (5), for the given fiscal year and shall release in each following fiscal year from the moneys appropriated under s. 20.866 (2) (ta) an amount equal to that annual bonding authority, as adjusted under s. 23.0917 (5), or equal to the amount still needed to match the donation, whichever is less, until the entire amount necessary to match the donation is released.

AB133-ASA1, s. 665p Section 665p. 23.094 (8) of the statutes is amended to read:

AB133-ASA1,444,8 23.094 (8) Appropriation. The costs of acquiring easements and land under this section or s. 23.096 shall be paid from the appropriation under s. 20.866 (2) (tz). Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,000,000 for fisheries, for the acquisition of land and easements by the department under this section, for grants under sub. (3g) and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount, the department may not expend more than $300,000 in each fiscal year for grants under sub. (3g) to cities, villages, towns and counties.

AB133-ASA1, s. 665q Section 665q. 23.094 (8) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1,444,15 23.094 (8) Appropriation. Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,000,000 for fisheries, for the acquisition of land and easements by the department under this section, for grants under sub. (3g) and for grants for this purpose under s. 23.096 in each fiscal year.

AB133-ASA1, s. 665r Section 665r. 23.0955 (1) of the statutes is amended to read:

AB133-ASA1,444,21 23.0955 (1) In this section and s. 23.096, "nonprofit conservation organization" means a nonprofit corporation, a charitable trust or other nonprofit association whose purposes include the acquisition of property for conservation purposes and that is described in section 501 (c) (3) of the internal revenue code and is exempt from federal income tax under section 501 (a) of the internal revenue code.

AB133-ASA1, s. 665rm Section 665rm. 23.0957 of the statutes is created to read:

AB133-ASA1,444,24 23.0957 Annual grants to a nonstock, nonprofit corporation; urban land conservation. (1) In this section:

AB133-ASA1,444,25 (a) "Local governmental unit" has the meaning given in s. 23.09 (19) (a) 2.

AB133-ASA1,445,4 (b) "Interested group" means a community group, nonprofit organization or local governmental unit that is interested in acquiring urban land for urban forestry protection, water resource management, conservation, recreation or other urban open space purposes.

AB133-ASA1,445,7 (2) The department shall provide one grant of $75,000 in each fiscal year, beginning with fiscal year 1999-2000, to a nonstock, nonprofit corporation that meets all of the following requirements:

AB133-ASA1,445,8 (a) The corporation is organized in this state.

AB133-ASA1,445,11 (b) The corporation is described under section 501 (c) (3) or (4) of the Internal Revenue Code and exempt from taxation under section 501 (a) of the Internal Revenue Code.

AB133-ASA1,445,14 (c) The corporation has a board of directors or an advisory council or both with members who represent one or more urban or urbanizing areas and who collectively have an interest or expertise in all of the following:

AB133-ASA1,445,15 1. Nonprofit organizations.

AB133-ASA1,445,16 2. Business.

AB133-ASA1,445,17 3. Social services.

AB133-ASA1,445,18 4. Land development.

AB133-ASA1,445,19 5. Architecture.

AB133-ASA1,445,20 6. Landscape architecture.

AB133-ASA1,445,21 7. Conservation.

AB133-ASA1,445,23 (d) The corporation contributes $25,000 in funds annually to be used with the grant under this subsection.

AB133-ASA1,446,3 (3) A corporation receiving a grant under sub. (2) may use the grant for urban forest protection, water resource enhancement or other urban open space objectives and shall do all of the following with the grant:

AB133-ASA1,446,9 (a) Provide to interested groups technical assistance, especially in the areas of urban open space real estate transactions, reclaiming and restoring the natural values of urban parks, urban forests and open space areas, designing and constructing amenities in open space areas, cultivating citizen participation in acquiring, developing and maintaining open space areas and securing public financing for open space areas.

AB133-ASA1,446,10 (b) Conduct conferences on the topics listed in par. (a).

AB133-ASA1,446,13 (c) Assist community groups, nonprofit organizations and local governmental units in acquiring urban property for open space purposes and in restoring urban property acquired for conservation, recreation and other open space purposes.

AB133-ASA1,446,17 (d) For each fiscal year, prepare a report detailing the activities for which a grant under sub. (2) is expended. Copies of the report shall be submitted to the department and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly or the president of the senate.

AB133-ASA1,446,19 (4) A corporation receiving a grant under sub. (2) may acquire urban property for conservation, recreation and other open space purposes.

AB133-ASA1, s. 665s Section 665s. 23.096 (1) of the statutes is renumbered 23.096 (1) (intro.) and amended to read:

AB133-ASA1,446,22 23.096 (1) (intro.) In this section, "property":

AB133-ASA1,446,23 (b) "Property" means land or an interest in land.

AB133-ASA1, s. 665t Section 665t. 23.096 (1) (ag) of the statutes is created to read:

AB133-ASA1,447,2 23.096 (1) (ag) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

AB133-ASA1, s. 665u Section 665u. 23.096 (2) of the statutes is renumbered 23.096 (2) (a) and amended to read:

AB133-ASA1,447,9 23.096 (2) (a) The department may award grants from the appropriation under s. 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to acquire property for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11., 12. and 15., (19) and, (20) and (20m), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293, 30.24 and 30.277 (2) (a).

AB133-ASA1, s. 665v Section 665v. 23.096 (2) (b) of the statutes is created to read:

AB133-ASA1,447,12 23.096 (2) (b) A grant awarded under this section may not exceed 50% of the acquisition costs of the property.

AB133-ASA1, s. 665w Section 665w. 23.098 (1) (c) of the statutes is created to read:

AB133-ASA1,447,15 23.098 (1) (c) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

AB133-ASA1, s. 665x Section 665x. 23.098 (2) of the statutes is amended to read:

AB133-ASA1,447,21 23.098 (2) The department shall establish a program to expend make grants from the appropriation appropriations under s. 20.866 (2) (ta) and (tz) moneys for grants to friends groups and nonprofit conservation organizations for projects for property development activities on department properties. The department may not encumber more than $200,000 $250,000 in each fiscal year for these grants.

AB133-ASA1, s. 665y Section 665y. 23.098 (4) (am) of the statutes is created to read:

AB133-ASA1,447,25 23.098 (4) (am) In awarding grants under this section for eligible projects, the department shall establish a system under which the grants are offered to eligible friends groups before being offered to eligible nonprofit conservation organizations.

AB133-ASA1, s. 665z Section 665z. 23.098 (5) of the statutes is amended to read:

AB133-ASA1,448,4 23.098 (5) Each friends group and nonprofit conservation organization receiving a grant under this section shall provide matching funds that are equal to at least 50% of the estimated cost of the project for which a grant is being provided.

AB133-ASA1, s. 671b Section 671b. 23.175 (3) (b) (intro.) of the statutes is amended to read:

AB133-ASA1,448,8 23.175 (3) (b) (intro.) Beginning July 1, 1990, expend Expend an amount from the appropriation under s. 20.866 (2) (ta) or (tz) or both that equals any of the following:

AB133-ASA1, s. 671d Section 671d. 23.175 (3m) of the statutes is created to read:

AB133-ASA1,448,14 23.175 (3m) Allocation between appropriations. For purposes of sub. (3) (b), the department shall determine how the moneys being expended are to be allocated from the appropriations under s. 20.866 (2) (ta) and (tz). The department may not allocate or expend any moneys from the appropriation under s. 20.866 (2) (ta) before July 1, 2000.

AB133-ASA1, s. 671e Section 671e. 23.175 (4) of the statutes is amended to read:

AB133-ASA1,448,21 23.175 (4) Limits on spending. Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,000,000 under this section for trails and for grants for this purpose under s. 23.096 in each fiscal year. Of this amount, the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $500,000 under sub. (3) (b) in each fiscal year.

AB133-ASA1, s. 671g Section 671g. 23.175 (4) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1,449,2 23.175 (4) Limit on spending. Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $1,000,000 under this section for trails and for grants for this purpose under s. 23.096 in each fiscal year.

AB133-ASA1, s. 671h Section 671h. 23.192 of the statutes is created to read:

AB133-ASA1,449,9 23.192 Mead Wildlife Area public interpretive center. From the appropriation under s. 20.866 (2) (tr), the department shall provide not more than $112,000 for a public interpretive center at the Mead Wildlife Area in Portage, Marathon and Wood counties. Expenditures under this section shall be made in a manner that, for every $2 received by the department from private grants, gifts or bequests for the project, $3 will be expended from the moneys under this section.

AB133-ASA1, s. 671m Section 671m. 23.197 of the statutes is created to read:

AB133-ASA1,449,17 23.197 Warren Knowles-Gaylord Nelson stewardship programs; specific projects or activities. (1) Root River; multipurpose pathway. (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding to the city of Racine for a multipurpose pathway along the Root River. The amount provided by the department may not exceed the amount that equals the matching contribution for the pathway made by the city of Racine or $500,000, whichever is less.

AB133-ASA1,449,25 (b) The department shall determine how the moneys being provided under par. (a) will be allocated between the appropriations under s. 20.866 (2) (ta) and (tz). For purposes of s. 23.0915 (1), moneys provided from the appropriation under s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under s. 23.0915 (1) (a) to (k) or any combination of those purposes. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

AB133-ASA1,450,6 (2) Rock River; river wall. (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide funding to the city of Fort Atkinson for the restoration of a river wall along the Rock River. The amount provided by the department may not exceed the amount that equals the matching contribution made for the river wall by the city of Fort Atkinson or $96,500, whichever is less. The requirements for matching contributions under s. 30.277 (5) shall apply.

AB133-ASA1,450,13 (b) The department shall determine how the moneys being provided under par. (a) will be allocated between the appropriations under s. 20.866 (2) (ta) and (tz). For purposes of s. 23.0915 (1), moneys provided from the appropriation under s. 20.866 (2) (tz) shall be treated as moneys expended for urban river grants. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated under the subprogram for property development and local assistance.

AB133-ASA1,450,17 (3) Keyes Lake; recreational area. (a) From the appropriation under s. 20.866 (2) (ta) or (tz) or both, the department shall provide the amount necessary for the development of a recreational area on Keyes Lake in Florence County, but the amount may not exceed $100,000.

AB133-ASA1,450,25 (b) The department shall determine how the moneys being provided under par. (a) will be allocated between the appropriations under s. 20.866 (2) (ta) and (tz). For purposes of s. 23.0915 (1), moneys provided from the appropriation under s. 20.866 (2) (tz) shall be treated as moneys expended for any of the purposes specified under s 23.0915 (1) (a) to (k) or any combination of those purposes. For purposes of s. 23.0917, moneys provided from the appropriation under s. 20.866 (2) (ta) shall be treated as moneys obligated from either or both of the subprograms under s. 23.0917 (3) and (4).

AB133-ASA1,451,2 (4) Grant for land acquisition and habitat restoration. (a) In this subsection:

AB133-ASA1,451,6 1. "Nonprofit organization" means a nonprofit corporation, a charitable trust or other nonprofit association that is described in section 501 (c) (3) of the Internal Revenue Code and is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

AB133-ASA1,451,7 2. "Land" has the meaning given in s. 23.0917 (1) (d).

AB133-ASA1,451,14 (b) From the appropriation under s. 20.866 (2) (ta), the department may award a single grant of $20,000 to an organization that is not a nonprofit organization but that has entered into an agreement with a nonprofit organization in order to apply for the grant. The grant may be used for land acquisition for conservation or recreation purposes or for habitat restoration or both. For purposes of s. 23.0917, moneys obligated for this grant shall be treated as moneys obligated under the subprogram for land acquisition.

AB133-ASA1,451,19 (c) In order to receive the grant under this section, the nonprofit organization and the other organization who are parties to the agreement specified under par. (b) shall enter into a contract with the department that contains conditions imposed by the department on the use of the grant, on any land acquired with moneys from the grant and on any transfer to a 3rd party of any such acquired land.

AB133-ASA1,451,23 (d) Title to the land acquired with moneys from the grant under this section shall vest in the nonprofit organization. If the nonprofit organization or the other organization violates any essential provision of the contract entered into under par. (c), title to the land shall vest in the state.

AB133-ASA1, s. 671n Section 671n. 23.22 of the statutes is created to read: