Amendment AA2-ASA1-AB133

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:

AB133-ASA1-AA2,82,16 1. The department shall sell a portion of the acquired land.

AB133-ASA1-AA2,82,21 2. All proceeds from the sale of the land up to the amount obligated under par. (a) as determined by the secretary of administration shall be deposited into the general fund and credited to the appropriation account under s. 20.370 (7) (ag). Notwithstanding s. 25.29 (1) (a), the proceeds in excess of the amount obligated under par. (a) shall be deposited into the general fund.

AB133-ASA1-AA2,83,2 3. For bonds that are retired from the proceeds of the sale of the acquired land within 3 years after the date that the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by increasing the available bonding authority for the fiscal year in which the bonds are retired by an amount equal to the total amount of the bonds issued for the sale that have been retired in that fiscal year.

AB133-ASA1-AA2,83,13 4. For bonds that are not retired from the proceeds of the sale of the acquired land within 3 years after the date that the land was acquired by the department, the department shall adjust the available bonding authority for the subprogram for land acquisition by decreasing the available bonding authority for the next fiscal year beginning after the end of that 3-year period by an amount equal to the total amount of the bonds that have been retired from such proceeds in that fiscal year and, if necessary, shall decrease for each subsequent fiscal year the available bonding authority in an amount equal to that available bonding authority or equal to the amount still needed to equal the total amount of the bonds retired from such proceeds, whichever is less, until the available bonding authority has been decreased by an amount equal to the total of the bonds not retired.

AB133-ASA1-AA2,83,15 (c) Notwithstanding sub. (2) (a) 1., land acquired under this subsection need not be for conservation or recreational purposes.

AB133-ASA1-AA2,83,18 (d) The department of administration shall monitor all transactions under this subsection to ensure compliance with federal law and to ensure that interest on the bonds is tax-exempt for the holders of the bonds.".

AB133-ASA1-AA2,83,19 344. Page 436, line 10: delete lines 10 to 19 and substitute:

AB133-ASA1-AA2,84,7 "(6) Review by joint committee on finance. (a) The department of natural resources or the department of agriculture, trade and consumer protection may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity 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 making the proposal within 14 working days after the date of that department's notification that the committee has scheduled a meeting to review the proposal, the department making the proposal may obligate the moneys. If, within 14 working days after the date of the notification by the department making the proposal, the cochairpersons of the committee notify that department that the committee has scheduled a meeting to review the proposal, the department making the proposal may obligate the moneys only upon approval of the committee.

AB133-ASA1-AA2,84,9 (b) Paragraph (a) applies only to an amount for a project or activity that exceeds $250,000 except as provided in par. (c).

AB133-ASA1-AA2,84,10 (c) Paragraph (a) applies to any land acquisition under sub. (5m).".

AB133-ASA1-AA2,84,11 345. Page 436, line 21: substitute "(b), (c) and (dm)" for "(b) and (c)".

AB133-ASA1-AA2,84,12 346. Page 437, line 2: after "price" insert ", except as provided in par. (dm)".

AB133-ASA1-AA2,84,14 347. Page 437, line 5: after "increase" insert ", except as provided in par. (dm)".

AB133-ASA1-AA2,84,15 348. Page 437, line 12: after that line insert:

AB133-ASA1-AA2,84,20 "(dm) The amount that the department provides as a grant or state aid from the appropriation under s. 20.866 (2) (ta) to a governmental unit under s. 23.09 (19), (20) or (20m) or 30.277 may not exceed an amount equal to the lowest property tax assessment of the land under s. 70.32 in the three taxable years preceding the year in which the acquisition of the land occurs.".

AB133-ASA1-AA2,84,21 349. Page 438, line 4: after that line insert:

AB133-ASA1-AA2,85,5 "(d) The department may not acquire land using moneys from the appropriation under s. 20.866 (2) (ta) without the prior approval of a majority of the members-elect, as defined in s. 59.001 (2m), of the county board of supervisors of the county in which the land is located if at least 66% of the land in the county is owned or under the jurisdiction of the state, the federal government or a local governmental unit, as defined in s. 66.299 (1) (a). Before determining whether to approve the acquisition, the county in which the land is located shall post notices that inform the residents of the community surrounding the land of the possible acquisitions.

AB133-ASA1-AA2,85,10 (e) If moneys from the appropriation under s. 20.866 (2) (ta) are used by a nonprofit conservation organization or an organization under s. 23.197 (4) to acquire land to which public access exists on the effective date of this paragraph .... [revisor inserts date], the nonprofit conservation organization shall ensure that adequate and appropriate public access, as determined by the department, continues to exist.".

AB133-ASA1-AA2,85,11 350. Page 438, line 9: after that line insert:

AB133-ASA1-AA2,85,17 "(9m) Baraboo Hills; reimbursement to department of transportation. (a) Upon receipt of a certification from the secretary of transportation under s. 85.197 (7) for a given fiscal year, the department shall contract revenue obligations from the appropriation under s. 20.866 (2) (ta) in an amount that equals the amount certified. The proceeds from the revenue obligations shall be deposited into the transportation fund and credited to the appropriation under s. 20.395 (3) (bs).

AB133-ASA1-AA2,85,19 (b) The department shall designate the proceeds under par. (a) as having been obligated from one or more of the subprograms under this section.".

AB133-ASA1-AA2,85,20 351. Page 444, line 21: after that line insert:

AB133-ASA1-AA2,85,21 " Section 665rc. 23.0955 (2) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,86,3 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 fiscal year 1996-97 years 1999-2000 and 2000-01 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:

AB133-ASA1-AA2, s. 665rd Section 665rd. 23.0955 (2) (a) 3. of the statutes is amended to read:

AB133-ASA1-AA2,86,8 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.

AB133-ASA1-AA2, s. 665re Section 665re. 23.0955 (2) (am) of the statutes is repealed.

AB133-ASA1-AA2, s. 665rf Section 665rf. 23.0955 (2) (b) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,86,13 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.:

AB133-ASA1-AA2, s. 665rg Section 665rg. 23.0955 (2) (b) 2m., 4. and 5. of the statutes are created to read:

AB133-ASA1-AA2,86,17 23.0955 (2) (b) 2m. Assist nonprofit conservation organizations in acquiring property for conservation purposes and in managing property acquired for conservation purposes.

AB133-ASA1-AA2,86,21 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.

AB133-ASA1-AA2,87,2 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).

AB133-ASA1-AA2, s. 665rh Section 665rh. 23.0955 (3) of the statutes is created to read:

AB133-ASA1-AA2,87,8 23.0955 (3) (a) Between January 1, 2004, and July 1, 2004, the department shall prepare 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:

AB133-ASA1-AA2,87,10 1. How grants under this section have furthered the goal of encouraging private resource conservation.

AB133-ASA1-AA2,87,12 2. The extent to which grants under this section complement the resource conservation goals of the department.

AB133-ASA1-AA2,87,14 (b) The report shall contain a recommendation to the legislature on whether the grant program under this section should be continued, eliminated or revised.

AB133-ASA1-AA2,87,16 (c) The report shall be distributed to the speaker of the assembly and the president of the senate under s. 13.172 (3).

AB133-ASA1-AA2, s. 665ri Section 665ri. 23.0956 of the statutes is created to read:

AB133-ASA1-AA2,87,22 23.0956 Assistance for private conservation activities. (1) From the appropriation account under s. 20.370 (5) (aw), the department shall provide an annual grant of $85,000 in 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 the state if the corporation meets all of the following requirements:

AB133-ASA1-AA2,87,24 (a) The corporation is exempt from taxation under section 501 (a) of the Internal Revenue Code.

AB133-ASA1-AA2,88,2 (b) The corporation was created to accept and to utilize private contributions made to protect and enhance the state's natural resources.

AB133-ASA1-AA2,88,4 (2) A corporation receiving a grant under sub. (1) shall use the grant to do all of the following:

AB133-ASA1-AA2,88,8 (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.

AB133-ASA1-AA2,88,10 (b) Encourage private corporations and other private entities to engage in land management practices that protect and preserve natural resources.

AB133-ASA1-AA2,88,12 (c) Provide grants to nonprofit and other groups to encourage education, restoration and management activities to enhance the state's natural resources.".

AB133-ASA1-AA2,88,13 352. Page 448, line 4: after that line insert:

AB133-ASA1-AA2,88,14 " Section 667b. 23.145 of the statutes is created to read:

AB133-ASA1-AA2,88,15 23.145 Restrictions on land acquisitions. (1) In this section:

AB133-ASA1-AA2,88,16 (a) "Assistance" means financial, technical or other assistance or support.

AB133-ASA1-AA2,88,18 (b) "Interest in land" means land in fee simple, an easement or a property development right or other partial interest in land.

AB133-ASA1-AA2,88,19 (c) "Local governmental unit" means a city, village, town or county.

AB133-ASA1-AA2,88,20 (d) "Members-elect" has the meaning given in s. 59.001 (2m).

AB133-ASA1-AA2,88,22 (e) "Nonprofit conservation organization" has the meaning given in s. 23.0955 (1).

AB133-ASA1-AA2,89,3 (2) The department may not provide assistance to a nonprofit conservation organization or to the federal government in order to assist the nonprofit conservation organization or the federal government in the acquisition of an interest in land if the land to be acquired, or the land subject to the interest in land to be acquired, exceeds 5,000 acres in area unless at least one of the following applies:

AB133-ASA1-AA2,89,7 (a) The department submits a request for approval of an interest in the assistance to any local governmental unit in which the land to be acquired is located and a majority of the members-elect of the governing body of the local governmental unit approves the department's request.

AB133-ASA1-AA2,89,9 (b) The department submits a request for approval of the assistance to the governor and the governor approves the department's request.

AB133-ASA1-AA2,89,12 (3) The governor shall maintain a list of all requests for approval submitted by the department under sub. (2) (b). For each request for approval, the list shall state whether the governor approved or denied the request.".

AB133-ASA1-AA2,89,13 353. Page 448, line 4: after that line insert:

AB133-ASA1-AA2,89,14 " Section 665zd. 23.10 (1m) of the statutes is created to read:

AB133-ASA1-AA2,89,23 23.10 (1m) Not later than 180 days after the effective date of this subsection .... (revisor inserts date), the department shall designate a conservation warden as the chief warden and shall designate one or more deputy chief wardens. The chief warden shall have the duty to direct, supervise and control conservation wardens in the performance of their duties under sub. (1) and s. 29.921. The chief warden shall designate an employe of the department as an internal affairs officer to investigate complaints against conservation wardens when the chief warden determines an investigation is necessary and shall designate an employe of the department as a complaint officer to resolve complaints against conservation wardens.".

AB133-ASA1-AA2,89,24 354. Page 451, line 23: after that line insert: