1999 Wisconsin Act 9

9,665m Section 665m. 23.094 (4) (a) of the statutes is amended to read:

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.

9,665n Section 665n. 23.094 (4) (b) of the statutes is renumbered 23.094 (4) (b) 1. and amended to read:

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.

9,665o Section 665o. 23.094 (4) (b) 2. of the statutes is created to read:

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.

9,665p Section 665p. 23.094 (8) of the statutes is amended to read:

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.

9,665q Section 665q. 23.094 (8) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

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.

9,665r Section 665r. 23.0955 (1) of the statutes is amended to read:

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.

9,665rc Section 665rc. 23.0955 (2) (a) (intro.) of the statutes is amended to read:

23.0955 (2) (a) (intro.) The From the appropriation under s. 20.370 (5) (aw), the department shall provide one grant of $75,000 $250,000 in each fiscal year 1996-97, beginning with fiscal year 1999-2000, to a nonstock, nonprofit corporation that is described under section 501 (c) (3) or (4) of the internal revenue code Internal Revenue Code, in existence on the effective date of this paragraph .... [revisor inserts date], and organized in this state if the corporation meets all of the following requirements:

9,665rd Section 665rd. 23.0955 (2) (a) 3. of the statutes is amended to read:

23.0955 (2) (a) 3. The corporation has a board of directors whose members represent, to the greatest extent practicable, all geographic areas of the state and that has a majority of members who are representatives of nonprofit conservation organizations.

9,665re Section 665re. 23.0955 (2) (am) of the statutes is repealed.

9,665rf Section 665rf. 23.0955 (2) (b) (intro.) of the statutes is amended to read:

23.0955 (2) (b) (intro.) A corporation receiving a grant under this subsection shall do all of the following, but shall emphasize the activities described in subds. 1. and 2.:

9,665rg Section 665rg. 23.0955 (2) (b) 2m., 4. and 5. of the statutes are created to read:

23.0955 (2) (b) 2m. Assist nonprofit conservation organizations in acquiring property for conservation purposes and in managing property acquired for conservation purposes.

4. Acquire a property for conservation purposes where no other nonprofit conservation organization exists that is willing to assist or capable of effectively assisting in the transfer of the property or that can adequately manage the property after it is acquired.

5. For each fiscal year, prepare a report detailing the activities for which a grant under this section was expended, describing any property acquired by the corporation and explaining how the acquisition of that property furthers the goal of conservation in the state. Copies of the report shall be submitted to the department and to the legislature under s. 13.172 (2).

9,665rh Section 665rh. 23.0955 (3) of the statutes is created to read:

23.0955 (3) (a) During the period beginning on January 1, 2004, and ending on July 1, 2004, the department shall submit a comprehensive report describing the cost of, and accomplishments achieved by, activities funded with grants under this section, commencing with the grants provided in the 1999-2000 fiscal year. The report shall evaluate all of the following:

1. How grants under this section have furthered the goal of encouraging private resource conservation.

2. The extent to which grants under this section complement the resource conservation goals of the department.

(b) The report shall contain a recommendation to the legislature on whether the grant program under this section should be continued, eliminated or revised.

(c) The report shall be distributed to the speaker of the assembly and the president of the senate under s. 13.172 (3).

9,665ri Section 665ri. 23.0956 of the statutes is created to read:

23.0956 Assistance for private conservation activities. (1) From the appropriation under s. 20.370 (5) (aw), the department shall provide one grant of $85,000 in each fiscal year, beginning with fiscal year 2000-01, to a nonstock, nonprofit corporation that is described under section 501 (c) (3) or (4) of the Internal Revenue Code and organized in this state if the corporation meets all of the following requirements:

(a) The corporation is exempt from taxation under section 501 (a) of the Internal Revenue Code.

(b) The corporation was created to accept and to utilize private contributions made to protect and enhance the state's natural resources.

(2) A corporation receiving a grant under sub. (1) shall use the grant to do all of the following:

(a) Encourage private corporations and other private entities to undertake activities, including the contribution of money, that encourage management and restoration of the state's endangered wild animals, wild plants and natural communities.

(b) Encourage private corporations and other private entities to engage in land management practices that protect and preserve natural resources.

(c) Provide grants to nonprofit and other groups to encourage education, restoration and management activities to enhance the state's natural resources.

9,665rm Section 665rm. 23.0957 of the statutes is created to read:

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

(a) "Local governmental unit" has the meaning given in s. 23.09 (19) (a) 2.

(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.

(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:

(a) The corporation is organized in this state.

(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.

(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:

1. Nonprofit organizations.

2. Business.

3. Social services.

4. Land development.

5. Architecture.

6. Landscape architecture.

7. Conservation.

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

(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:

(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.

(b) Conduct conferences on the topics listed in par. (a).

(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.

(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.

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

9,665s Section 665s. 23.096 (1) of the statutes is renumbered 23.096 (1) (intro.) and amended to read:

23.096 (1) (intro.) In this section, "property":

(b) "Property" means land or an interest in land.

9,665t Section 665t. 23.096 (1) (ag) of the statutes is created to read:

23.096 (1) (ag) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

9,665u Section 665u. 23.096 (2) of the statutes is renumbered 23.096 (2) (a) and amended to read:

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).

9,665v Section 665v. 23.096 (2) (b) of the statutes is created to read:

23.096 (2) (b) A grant awarded under this section may not exceed 50% of the acquisition costs of the property.

9,665vm Section 665vm. 23.0962 (3) of the statutes is created to read:

23.0962 (3) (a) In this subsection:

1. "Local governmental unit" means county or town.

2. "Special zoning permission" has the meaning given in s. 59.69 (15) (g).

(b) Notwithstanding s. 18.04 (1) and (2), the building commission may authorize public debt to be contracted, and the department may make a grant from the appropriation under s. 20.370 (5) (cq), for the property known as Black Point Estate only if all of the following apply:

1. A substantially completed application for any necessary special zoning permission for the property has been submitted before December 1, 1999, to the applicable local governmental unit.

2. The necessary special zoning permission, based on the application submitted before December 1, 1999, is granted.

9,665w Section 665w. 23.098 (1) (c) of the statutes is created to read:

23.098 (1) (c) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

9,665x Section 665x. 23.098 (2) of the statutes is amended to read:

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.

9,665y Section 665y. 23.098 (4) (am) of the statutes is created to read:

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.

9,665z Section 665z. 23.098 (5) of the statutes is amended to read:

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.

9,671b Section 671b. 23.175 (3) (b) (intro.) of the statutes is amended to read:

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:

9,671d Section 671d. 23.175 (3m) of the statutes is created to read:

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.

9,671e Section 671e. 23.175 (4) of the statutes is amended to read:

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.