AB40: Bill Text

AB40,462,25 1. An easement that is necessary to provide the public access to land or a body of water that is required to be open to the public for which there is no other public access or for which public access is limited to the degree that a major amount of one or more nature-based outdoor activities is not allowed.

AB40,463,1 2. An easement for a state trail or the ice age trail.

AB40,463,2 3. A forestry easement.

AB40,463,4 (b) An easement acquired under par. (a) 1. or 2. may not be more than 5 acres in size.

AB40, s. 849 Section 849. 23.092 (3) of the statutes is amended to read:

AB40,463,9 23.092 (3) The department may acquire land and easements for habitat areas by gift or devise or beginning on July 1, 1990, by purchase. The department may acquire land for habitat areas by gift, devise or purchase, subject to the limitations under s. 23.0917 (8m).

AB40, s. 850 Section 850. 23.094 (5m) of the statutes is created to read:

AB40,463,12 23.094 (5m) Limitation on acquisitions. Acquisitions of land and easements under this section are subject to the limitations under s. 23.0917 (8m).

AB40, s. 851 Section 851. 23.0953 (2) (a) 1. of the statutes is amended to read:

AB40,463,15 23.0953 (2) (a) 1. Acquisition of land or easements for a county forest under s. 28.11.

AB40, s. 852 Section 852. 23.0953 (2) (a) 2. of the statutes is amended to read:

AB40,463,19 23.0953 (2) (a) 2. Acquisition of land or easements for a project that promotes nature-based outdoor recreation or conservation and for which the department is requesting the county's assistance.

AB40, s. 853 Section 853. 23.0953 (2) (am) of the statutes is created to read:

AB40,463,22 23.0953 (2) (am) Land and easements acquired with a grant under this section are subject to the limitations under s. 23.0917 (8m).

AB40, s. 854 Section 854. 23.0953 (4) of the statutes is amended to read:

AB40,464,3 23.0953 (4) A county may not convert the land, or any rights in the such land, or an easement that is acquired with grant moneys awarded under sub. (2) (a) 2. to a use that is inconsistent with the type of nature-based outdoor recreation or conservation activity for which the grant was awarded unless the natural resources board approves the conversion.

AB40, s. 855 Section 855. 23.096 (2) (a) of the statutes is amended to read:

AB40,464,9 23.096 (2) (a) The Subject to the limitations under s. 23.0917 (8m), the department may award grants from the appropriation under s. 20.866 (2) (ta) or (tz) to nonprofit conservation organizations to acquire property land for all of the purposes described in ss. 23.09 (2) (d) 1. to 7., 9., 11., 12. and 15., (19), (20) and (20m), 23.092, 23.094, 23.17, 23.175, 23.27, 23.29, 23.293, 30.24 and 30.277.

AB40, s. 856 Section 856. 23.15 (1) of the statutes is amended to read:

AB40,464,16 23.15 (1) The natural resources board may sell, at public or private sale, lands and structures owned by the state under the jurisdiction of the department of natural resources, except central or district office facilities, when the natural resources board determines that said the lands are no longer necessary for the state's use for conservation purposes and, if real property, the real property is not the subject of a petition under s. 560.9810 (2).

AB40, s. 857 Section 857. 23.167 (2) (intro.) of the statutes is amended to read:

AB40,464,20 23.167 (2) (intro.) The department, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program administered by the department:

AB40, s. 858 Section 858. 23.169 (title) of the statutes is amended to read:

AB40,464,23 23.169 (title) Economic development assistance coordination and reporting.

AB40, s. 859 Section 859. 23.169 of the statutes is renumbered 23.169 (2) and amended to read:

AB40,465,8 23.169 (2) Annually, no later than October 1, the department shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs, as defined in s. 23.167 (1), administered by the department. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The department shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this section.

AB40, s. 860 Section 860. 23.169 (1) of the statutes is created to read:

AB40,465,11 23.169 (1) The department shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40, s. 861 Section 861. 23.17 (4) of the statutes is amended to read:

AB40,465,16 23.17 (4) Powers of the department. The department may acquire land and interests in land, subject to the limitations under s. 23.0917 (8m), for the ice age trail under s. 23.09 (2) (d) 10., and may develop the ice age trail on lands under its ownership along the trail route.

AB40, s. 862 Section 862. 23.175 (4) of the statutes is amended to read:

AB40,465,22 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. Acquisitions of land or easements for trails under this section are subject to the limitations under s. 23.0917 (8m).

AB40, s. 863 Section 863. 23.27 (5) of the statutes is amended to read:

AB40,466,15 23.27 (5) Natural areas land acquisition; commitment under the Wisconsin natural areas heritage program. It is the intent of the legislature to initiate additional natural areas land acquisition activities with moneys available from the appropriations under ss. 20.370 (1) (mg) (gr) and 20.866 (2) (ta), (tt) and (tz) under the Wisconsin natural areas heritage program. This commitment is separate from and in addition to the continuing commitment under sub. (4). Moneys available from the appropriations under ss. 20.370 (1) (mg) (gr) and 20.866 (2) (ta), (tt) and (tz) under the Wisconsin natural areas heritage program may not be used to acquire land through condemnation. The department may not acquire land under this subsection unless the land is suitable for dedication under the Wisconsin natural areas heritage program and upon purchase or as soon after purchase as practicable the department shall take all necessary action to dedicate the land under the Wisconsin natural areas heritage program. Acquisitions of land or of interests in land under this section are subject to the limitations under s. 23.0917 (8m). Except as provided in s. 23.0915 (2), the department may not expend from the appropriation under s. 20.866 (2) (tz) more than $500,000 in each fiscal year for natural areas land acquisition activities under this subsection and for grants for this purpose under s. 23.096.

AB40, s. 864 Section 864. 23.27 (6) of the statutes is amended to read:

AB40,466,23 23.27 (6) Sale; credit. Moneys received by the state from the sale of any area on state-owned land under the department's management or control which is withdrawn from the state natural areas system shall be credited to the appropriation under s. 20.370 (1) (mg) (gr). An amount equal to the value of any area on state-owned land under the department's management or control which is withdrawn from the state natural areas system but remains in state ownership shall be credited to the appropriation under s. 20.370 (1) (mg) (gr).

AB40, s. 865 Section 865. 23.29 (2) of the statutes is amended to read:

AB40,467,11 23.29 (2) Contributions; state match. The department may accept contributions and gifts for the Wisconsin natural areas heritage program. The department shall convert donations of land which it determines, with the advice of the council, are not appropriate for the Wisconsin natural areas heritage program into cash. The department shall convert other noncash contributions into cash. These moneys shall be deposited in the general conservation fund and credited to the appropriation under s. 20.370 (1) (mg) (gr). These moneys shall be matched by an equal amount released from the appropriation under s. 20.866 (2) (ta), (tt) or (tz) or from any combination of these appropriations to be used for natural areas land acquisition activities under s. 23.27 (5). The department shall determine how the moneys being released are to be allocated from these appropriations.

AB40, s. 866 Section 866. 24.80 of the statutes is amended to read:

AB40,467,25 24.80 Normal school fund. The lands and moneys described in s. 24.79, not being granted for any other specified purpose, accrue to the school fund under article X, section 2, of the constitution; and having been found unnecessary for the support and maintenance of common schools, are appropriated to the support and maintenance of state universities and suitable libraries and apparatus therefor, and to that end are set apart and denominated the "Normal School Fund". All lands, moneys, loans, investments and securities set apart to the normal school fund and all swamp lands and income and interest received on account of the capital of that fund constitute a separate and perpetual fund. Except as provided in ss. 20.255 (1) (q) 20.280 (1) (rm) and 20.285 (1) (rm), all income and interest from the normal school fund shall be paid into the general fund as general purpose revenue. Normal school fund income, interest and revenues do not include expenses deducted from gross receipts permitted under ss. 24.04 (2), 24.53 and 24.62 (1).

AB40, s. 867 Section 867. 25.17 (1) (nm) of the statutes is amended to read:

AB40,468,3 25.17 (1) (nm) Recycling and renewable energy Economic development fund (s. 25.49);

AB40, s. 868 Section 868. 25.17 (2) (f) of the statutes is amended to read:

AB40,468,13 25.17 (2) (f) Invest the moneys belonging to the college savings program trust fund, the college savings program bank deposit trust fund, and the college savings program credit union deposit trust fund in a manner consistent with the guidelines established under s. 14.64 16.641 (2) (c), unless the moneys are under the management and control of a vendor selected under s. 16.255. In making investments under this paragraph, the investment board shall accept any reasonable terms and conditions that the college savings program board specifies and is relieved of any obligations relevant to prudent investment of the fund, including the standard of responsibility under s. 25.15 (2).

AB40, s. 869 Section 869. 25.17 (70) (intro.) of the statutes is amended to read:

AB40,468,23 25.17 (70) (intro.) No later than December 31 of every even-numbered year, after receiving a report from the department of commerce under s. 560.08 (2) (m) and in consultation with the department of commerce, submit to the governor and to the presiding officer of each house of the legislature a plan for making investments in this state. The purpose of the plan is to encourage the board to make the maximum amount of investments in this state, subject to s. 25.15 and consistent with the statutory purpose of each trust or fund managed by the board. The plan shall discuss potential investments to be made during the succeeding 5 years beginning in the year after submittal of the plan, and shall include, but not be limited to, the following:

AB40, s. 870 Section 870. 25.17 (70) (a) of the statutes is repealed.

AB40, s. 871 Section 871. 25.17 (70) (d) of the statutes is amended to read:

AB40,469,3 25.17 (70) (d) Comments solicited from the secretary of commerce chief executive officer of the Wisconsin Economic Development Corporation and received by the board on or before November 30 of the year of submittal.

AB40, s. 872 Section 872. 25.185 (1) (a) of the statutes is amended to read:

AB40,469,7 25.185 (1) (a) "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 873 Section 873. 25.185 (1) (b) of the statutes is amended to read:

AB40,469,11 25.185 (1) (b) "Disabled veteran-owned investment firm" means an investment firm certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 874 Section 874. 25.185 (1) (c) of the statutes is amended to read:

AB40,469,15 25.185 (1) (c) "Minority financial adviser" means a financial adviser certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 875 Section 875. 25.185 (1) (d) of the statutes is amended to read:

AB40,469,19 25.185 (1) (d) "Minority investment firm" means an investment firm certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 876 Section 876. 25.29 (7) (intro.) of the statutes is amended to read:

AB40,470,6 25.29 (7) (intro.) All of the proceeds of the tax which is levied under s. 70.58, and all moneys paid into the state treasury as the counties' share of compensation of emergency fire wardens under s. 26.14 shall be used for acquiring, preserving and developing the forests of the state, including the acquisition of lands owned by counties by virtue of any tax deed and of other lands suitable for state forests, and for the development of lands so acquired and the conduct of forestry thereon, including the growing and planting of trees; for forest and marsh fire prevention and control; for grants to forestry cooperatives under s. 36.56 37.56; for compensation of emergency fire wardens; for maintenance, permanent property and forestry improvements; for other forestry purposes authorized by law and for the payment of aid for forests as authorized in s. 28.11 and subchs. I and VI of ch. 77.

AB40, s. 877 Section 877. 25.36 (1) of the statutes is amended to read:

AB40,471,2 25.36 (1) Except as provided in sub. (2), all moneys appropriated or transferred by law shall constitute the veterans trust fund which shall be used for the lending of money to the mortgage loan repayment fund under s. 45.37 (5) (a) 12. and for the veterans programs under ss. 20.485 (2) (m), (mn), (tm), (u), (v), (vo), (vy), (w), and (z), and (zm), and (5) (mn), (v), (vo), and (zm), 45.03 (19), 45.07, 45.20, 45.21, 45.40 (1m), 45.41, 45.42, 45.43, and 45.82 and administered by the department of veterans affairs, including all moneys received from the federal government for the benefit of veterans or their dependents; all moneys paid as interest on and repayment of loans under the post-war rehabilitation fund; soldiers rehabilitation fund, veterans housing funds as they existed prior to July 1, 1961; all moneys paid as interest on and repayment of loans under this fund; all moneys paid as expenses for, interest on, and repayment of veterans trust fund stabilization loans under s. 45.356, 1995 stats.; all moneys paid as expenses for, interest on, and repayment of veterans personal loans; the net proceeds from the sale of mortgaged properties related to veterans personal loans; all mortgages issued with the proceeds of the 1981 veterans home loan revenue bond issuance purchased with moneys in the veterans trust fund; all moneys received from the state investment board under s. 45.42 (8) (b); all moneys received from the veterans mortgage loan repayment fund under s. 45.37 (7) (a) and (c); and all gifts of money received by the board of veterans affairs for the purposes of this fund.

AB40, s. 878 Section 878. 25.40 (1) (a) 3. of the statutes is amended to read:

AB40,471,10 25.40 (1) (a) 3. Revenues collected under ss. 341.09 (2) (d), (2m) (a) 1., (4), and (7), 341.14 (2), (2m), (6) (d), (6m) (a), (6r) (b) 2., (6w), and (8), 341.145 (3), 341.16 (1) (a) and (b), (2), and (2m), 341.17 (8), 341.19 (1) (a), 341.25, 341.255 (1), (2) (a), (b), and (c), and (5), 341.26 (1), (2), (2m) (am) and (b), (3), (3m), (4), (5), and (7), 341.264 (1), 341.265 (1), 341.266 (2) (b) and (3), 341.268 (2) (b) and (3), 341.269 (2) (b), 341.30 (3), 341.305 (3), 341.307 (4) (a), 341.308 (3), 341.36 (1) and (1m), 341.51 (2), and 342.14, except s. 342.14 (1r), that are pledged to any fund created under s. 84.59 (2).

AB40, s. 879 Section 879. 25.40 (1) (a) 4. of the statutes is amended to read:

AB40,471,14 25.40 (1) (a) 4. Moneys received under s. 341.14 (6r) (b) 4. that are deposited in the general fund and credited to the appropriation appropriation accounts under s. ss. 20.285 (1) (jp) and 20.395 (5) (ef).

AB40, s. 880 Section 880. 25.40 (1) (a) 5m. of the statutes is repealed.

AB40, s. 881 Section 881. 25.40 (1) (bn) of the statutes is created to read:

AB40,471,17 25.40 (1) (bn) All moneys deposited under s. 77.61 (21).

AB40, s. 882 Section 882. 25.42 of the statutes is amended to read:

AB40,471,25 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and all moneys deposited in the Wisconsin election campaign fund under s. 71.10 (3e) (j) together with all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

AB40, s. 883 Section 883 . 25.42 of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,472,9 25.42 Wisconsin election campaign fund. All moneys appropriated under s. 20.855 (4) (b) and all moneys deposited in the Wisconsin election campaign fund under s. 71.10 (3e) (j) together with all moneys reverting to the state under s. 11.50 (8) and all gifts, bequests and devises received under s. 11.50 (13) constitute the Wisconsin election campaign fund, to be expended for the purposes of s. 11.50. All moneys in the fund not disbursed by the state treasurer shall continue to accumulate indefinitely.

AB40, s. 884 Section 884. 25.421 of the statutes is amended to read:

AB40,472,14 25.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4) (ba) and (bb) and all moneys deposited in the state treasury democracy trust fund under ss. 11.509, 11.51 (4), and 11.511 (5r), and 71.10 (3e) (j) constitute the democracy trust fund, to be expended for the purposes of ss. 11.501 to 11.522.

AB40, s. 885 Section 885 . 25.421 of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,472,20 25.421 Democracy trust fund. All moneys appropriated under s. 20.855 (4) (ba) and all moneys deposited in the democracy trust fund under ss. 11.509, 11.51 (4), 11.511 (5r), and 71.10 (3e) (j) constitute the democracy trust fund, to be expended for the purposes of ss. 11.501 to 11.522.

AB40, s. 886 Section 886. 25.46 (1k) of the statutes is repealed.

AB40, s. 887 Section 887. 25.46 (6s) of the statutes is created to read:

AB40,472,24 25.46 (6s) The amounts required under s. 289.645 (6) to be deposited in the environmental fund.

AB40, s. 888 Section 888. 25.46 (19) of the statutes is repealed.

AB40, s. 889 Section 889. 25.466 of the statutes is amended to read:

AB40,473,5 25.466 Working lands fund. There is created a separate trust fund designated as the working lands fund, consisting of all moneys received under ss. 91.48 (2) (c) and s. 91.66 (1) (c) and all moneys received due to the sale, modification, or termination of an easement purchased under s. 93.73.

AB40, s. 890 Section 890. 25.47 (5) of the statutes is amended to read:

AB40,473,8 25.47 (5) The moneys transferred from the appropriation account under s. 20.143 (3) 20.165 (2) (s).

AB40, s. 891 Section 891. 25.49 (intro.) of the statutes is amended to read:

AB40,473,12 25.49 Recycling and renewable energy Economic development fund. (intro.) There is established a separate nonlapsible trust fund designated as the recycling and renewable energy economic development fund, to consist of: