Amendment ASA1-AB133

AB133-ASA1,434,8 3. Grants under s. 23.098.

AB133-ASA1,434,10 (d) In obligating moneys under the subprogram for property development and local assistance, all of the following shall apply:

AB133-ASA1,434,12 1. The department may obligate not more than $9,400,000 in each fiscal year under the subprogram except as provided in sub. (5).

AB133-ASA1,434,14 2. The department may obligate not more than $8,000,000 in each fiscal year for local assistance.

AB133-ASA1,434,16 3. The department shall obligate at least $1,400,000 in each fiscal year for property development.

AB133-ASA1,434,19 (e) Under the subprogram for property development and local assistance, the department shall give priority to funding for the establishment and development of a state park which provides access to Lake Michigan in the city of Milwaukee.

AB133-ASA1,434,21 (f) For purposes of this subsection, the department by rule shall define "nature-based outdoor recreation".

AB133-ASA1,435,5 (5) Adjustments for subsequent fiscal years. (a) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is less than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by raising the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (b), for the next fiscal year by the amount that equals the difference between the amount authorized for that subprogram and the obligated amount for that subprogram in that given fiscal year.

AB133-ASA1,435,14 (b) If for a given fiscal year the department obligates an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) that is more than the annual bonding authority for that subprogram for that given fiscal year, the department shall adjust the annual bonding authority for that subprogram by lowering the annual bonding authority, as it may have been previously adjusted under this paragraph and par. (a), for the next fiscal year by an amount equal to the remainder calculated by subtracting the amount authorized for that subprogram from the obligated amount, as it may be affected under par. (c) or (d), for that subprogram in that given fiscal year.

AB133-ASA1,435,19 (c) The department may not obligate for a fiscal year an amount from the moneys appropriated under s. 20.866 (2) (ta) for a subprogram under sub. (3) or (4) 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. (d).

AB133-ASA1,436,2 (d) For a given fiscal year, in addition to obligating the amount of the annual bonding authority for a subprogram under sub. (3) or (4), 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 may also obligate for that subprogram up to 100% of the annual bonding authority for that subprogram for that given fiscal year for a project or activity if the natural resources board determines that all of the following conditions apply:

AB133-ASA1,436,5 1. That moneys appropriated for that subprogram to the department under s. 20.370 and the moneys appropriated for that subprogram under s. 20.866 (2) (ta), (tp) to (tw), (ty) and (tz) do not provide sufficient funding for the project or activity.

AB133-ASA1,436,7 2. That any land involved in the project or activity covers a large area or the land is uniquely valuable in conserving the natural resources of the state.

AB133-ASA1,436,9 3. That delaying or deferring all or part of the cost to a subsequent fiscal year is not reasonably possible.

AB133-ASA1,436,19 (6) Review by joint committee on finance. The department may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity more than $250,000 unless it first notifies the joint committee on finance in writing of the proposal. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may obligate the moneys only upon approval of the committee.

AB133-ASA1,436,25 (7) Calculation of grant amounts; appraisals. (a) Except as provided in pars. (b) and (c), for purposes of calculating the acquisition costs for acquisition of land under ss. 23.09 (19), (20) and (20m), 23.092 (4), 23.094 (3g), 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs shall equal the sum of the land's current fair market value and other acquisition costs, as determined by rule by the department.

AB133-ASA1,437,2 (b) For land that has been owned by the current owner for less than one year, the acquisition costs of the land shall equal the owner's acquisition price.

AB133-ASA1,437,5 (c) For land that has been owned by the current owner for one year or more but for less than 3 years, the acquisition costs of the land shall equal the sum of the current owner's acquisition price and the annual adjustment increase.

AB133-ASA1,437,8 (d) For purposes of par. (c), the annual adjustment increase shall be calculated by multiplying the owner's acquisition price by 7.5% and by then multiplying that product by one of the following numbers:

AB133-ASA1,437,10 1. By one if the land has been owned by the current owner for one year or more but for less than 2 years.

AB133-ASA1,437,12 2. By 2 if the land has been owned by the current owner for 2 years or more but for less than 3 years.

AB133-ASA1,437,18 (e) For any land for which moneys are proposed to be obligated from the appropriation under s. 20.866 (2) (ta) in order to provide a grant or state aid to a governmental unit under s. 23.09 (19), (20) or (20m) or 30.277 or to a nonprofit conservation organization under s. 23.096, the governmental unit or nonprofit conservation organization shall submit to the department two appraisals if the department estimates that the fair market value of the land exceeds $200,000.

AB133-ASA1,437,21 (8) Prohibitions and limitations. (a) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition of land for golf courses or for the development of golf courses.

AB133-ASA1,437,25 (b) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition or development of land by a county or other local governmental unit or political subdivision if the county, local governmental unit or political subdivision acquires the land involved by condemnation.

AB133-ASA1,438,4 (c) The department may not obligate moneys from the appropriation under s. 20.866 (2) (ta) for the acquisition by a city, village or town of land that is outside the boundaries of the city, village or town unless the city, village or town acquiring the land and the city, village or town in which the land is located approve the acquisition.

AB133-ASA1,438,9 (9) Rules on land use. The department shall promulgate rules to provide incentives under the Warren Knowles-Gaylord Nelson stewardship 2000 program to local units of government that submit applications for funding from the appropriation under s. 20.866 (2) (ta) for projects or activities that are consistent with local or regional land use plans and with local zoning ordinances.

AB133-ASA1,438,12 (10) Report on land prices. Before January 1, 2005, the department shall submit a report to the joint committee on finance and the governor that includes all of the following:

AB133-ASA1,438,15 (a) Information on how changes in the prices for land, between July 1, 2000, and the date that the report is submitted, have affected the department's ability to protect land for conservation purposes.

AB133-ASA1,438,17 (b) A range of options to maintain or restore the financial ability to purchase land under the Warren Knowles-Gaylord Nelson stewardship 2000 program.

AB133-ASA1,438,24 (11) Requirements for signs. For any land which is acquired in whole or in part with moneys obligated from the appropriations under s. 20.866 (2) (ta) or (tz) or both, the department shall provide signs on the land stating that the land has been acquired with stewardship funds. The signs shall be clearly visible to the public at access points to the land or along highways or other transportation routes that provide access to the land. If the land is open to the public, the sign shall so state and shall state the purposes for which the land may be used by the public.

AB133-ASA1,439,4 (12) Expenditures after June 30, 2010. If the remaining bonding authority for a subprogram under sub. (3) or (4) on June 30, 2010, is an amount greater than zero, the department may expend any portion of this remaining bonding authority for that subprogram in one or more subsequent fiscal years.

AB133-ASA1, s. 664 Section 664. 23.0918 of the statutes is created to read:

AB133-ASA1,439,7 23.0918 Natural resources land endowment fund. (1) In this section, "land" includes any buildings, facilities or other structures located on the land.

AB133-ASA1,439,14 (2) Unless the natural resources board determines otherwise in a specific case, only the income from the gifts, grants or bequests in the fund is available for expenditure. The natural resources board may authorize expenditures only for preserving, developing, managing or maintaining land under the jurisdiction of the department that is used for any of the purposes specified in s. 23.09 (2) (d). In this subsection, unless otherwise provided in a gift, grant or bequest, principal and income are determined as provided under s. 701.20 (3).

AB133-ASA1, s. 664b Section 664b. 23.092 (4) of the statutes is amended to read:

AB133-ASA1,439,25 23.092 (4) The department may share the costs of implementing land management practices with landowners, or with nonprofit organizations that are qualified to enhance wildlife-based recreation if these organizations have the landowner's permission to implement the practices. The department may share the costs of acquiring easements for habitat areas with landowners or with these nonprofit organizations. This subsection does not apply before July 1, 1990 If the funding for cost-sharing under this subsection will be expended from the appropriation under s. 20.866 (2) (ta), the amount expended for the cost-sharing may not exceed 50% of the cost of the management practices or of the acquisition costs for the easement.

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).