Amendment ASA1-AB40

AB40-ASA1,395,24 23.0913 Report on land acquisitions. (1) In this section, "land" has the meaning given in s. 23.0917 (1) (d).

AB40-ASA1,396,6 (2) On or before November 15 of each odd-numbered year, the department of natural resources shall submit to the joint committee on finance and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3) a report regarding the total number of acres of land that the department plans to acquire for any of the the purposes specified in s. 23.09 (2) (d).

AB40-ASA1, s. 822u Section 822u. 23.0915 (2c) (b) of the statutes is amended to read:

AB40-ASA1,396,11 23.0915 (2c) (b) If the amount of moneys available for expenditure for a purpose under sub. (1) (a) to (n) on July 1, 2000, is greater than zero, the department may expend for that purpose any portion of or all of the moneys available for expenditure in one or more subsequent fiscal years, subject to par. (d).

AB40-ASA1, s. 822v Section 822v. 23.0915 (2c) (c) of the statutes is amended to read:

AB40-ASA1,396,18 23.0915 (2c) (c) If the amount of moneys available for expenditure for a purpose under sub. (1) (a) to (k) is not sufficient for a given project or activity and if the project or activity is uniquely valuable in conserving the natural resources of the state, the department may expend for that project or activity moneys that are designated for any of the purposes under sub. (1) (a) to (k) in one or more subsequent years, subject to par. (d).

AB40-ASA1, s. 822w Section 822w. 23.0915 (2c) (d) of the statutes is created to read:

AB40-ASA1,396,21 23.0915 (2c) (d) No moneys may be committed for expenditure from the appropriation under s. 20.866 (2) (tz) after June 30, 2020.

AB40-ASA1, s. 825 Section 825. 23.0916 (2) (a) of the statutes is amended to read:

AB40-ASA1,397,2 23.0916 (2) (a) Earlier acquisitions. Except as provided in par. (b) and sub. (4), any person receiving a stewardship grant on or after October 27, 2007 , and before the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

AB40-ASA1, s. 826 Section 826. 23.0916 (2) (am) of the statutes is created to read:

AB40-ASA1,397,8 23.0916 (2) (am) Later acquisitions. Except as provided in par. (b) or (c) and sub. (4), any person receiving a stewardship grant on or after the effective date of this paragraph .... [LRB inserts date], that will be used to acquire land in fee simple or to acquire an easement on former managed forest land shall permit public access to the land for nature-based outdoor activities.

AB40-ASA1, s. 827 Section 827. 23.0916 (2) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,397,14 23.0916 (2) (b) Authority to prohibit access; earlier acquisitions; trails. (intro.) The Except as provided in par. (c), the person receiving the a stewardship grant subject to par. (a) or (am) may prohibit public access for one or more nature-based outdoor activities, only if the natural resources board determines that it is necessary to do so in order to do any of the following:

AB40-ASA1, s. 828 Section 828. 23.0916 (2) (c) of the statutes is created to read:

AB40-ASA1,397,20 23.0916 (2) (c) Authority to prohibit access; later acquisitions. For acquisitions of land or easements that are not for state trails or the ice age trail the person receiving a stewardship grant subject to par. (am) may prohibit public access for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so in order to do any of the following:

AB40-ASA1,397,21 1. Protect public safety.

AB40-ASA1,397,22 2. Protect a unique animal or plant community.

AB40-ASA1, s. 829 Section 829. 23.0916 (3) (a) (title) of the statutes is created to read:

AB40-ASA1,397,24 23.0916 (3) (a) (title) All acquisitions.

AB40-ASA1, s. 830 Section 830. 23.0916 (3) (b) (intro.), 1., 2. and 3. of the statutes are consolidated, renumbered 23.0916 (3) (b) and amended to read:

AB40-ASA1,398,14 23.0916 (3) (b) Authority to prohibit access; earlier acquisitions; trails. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities if the natural resources board determines that it is necessary to do so in order to do any of the following: 1. Protect protect public safety. 2. Protect, protect a unique animal or plant community. 3. Accommodate, or accommodate usership patterns, as defined by rule by the department. This paragraph applies to all acquisitions of land in fee simple and easements on former managed forest land that occur on former managed forest land before the effective date of this paragraph .... [LRB inserts date], and to the acquisition of easements on former managed forest land for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1, s. 831 Section 831. 23.0916 (3) (c) of the statutes is created to read:

AB40-ASA1,398,23 23.0916 (3) (c) Authority to prohibit access; later acquisitions. The department may prohibit public access on land or an easement subject to par. (a) for one or more nature-based outdoor activities only if the natural resources board determines that it is necessary to do so to protect public safety or to protect a unique animal or plant community. This paragraph applies to acquisitions of land in fee simple and easements on former managed forest land for purposes other than for state trails and the ice age trail that occur on or after the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1, s. 832 Section 832. 23.0916 (4) of the statutes is amended to read:

AB40-ASA1,399,3 23.0916 (4) Fish and game refuges. The department or an owner of land that is in a fish or game refuge and that is subject to sub. (2) (a) or (am) or (3) (a) may prohibit hunting, fishing, or trapping, or any combination thereof.

AB40-ASA1, s. 833 Section 833. 23.0916 (5) (a) of the statutes is amended to read:

AB40-ASA1,399,8 23.0916 (5) (a) Provisions relating to public access for nature-based outdoor activities for all lands other than those subject to sub. (2) (a) or (am) or (3) (a) that are acquired in whole or in part with funding from the stewardship programs under ss. 23.0915 and 23.0917.

AB40-ASA1, s. 834 Section 834. 23.0916 (5) (b) of the statutes is amended to read:

AB40-ASA1,399,11 23.0916 (5) (b) A process for the review of determinations made under subs. (2) (b) or (c) and (3) (b) or (c).

AB40-ASA1, s. 835f Section 835f. 23.0917 (3) (dm) 3m. of the statutes is amended to read:

AB40-ASA1,399,14 23.0917 (3) (dm) 3m. For fiscal years 2008-09 and 2009-10, $42,500,000 for each fiscal year.

AB40-ASA1, s. 835j Section 835j. 23.0917 (3) (dm) 4. of the statutes is amended to read:

AB40-ASA1,399,17 23.0917 (3) (dm) 4. For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, $62,000,000.

AB40-ASA1, s. 835m Section 835m. 23.0917 (3) (dm) 5. of the statutes is created to read:

AB40-ASA1,399,19 23.0917 (3) (dm) 5. For fiscal year 2011-12, $37,500,000.

AB40-ASA1, s. 835p Section 835p. 23.0917 (3) (dm) 6. of the statutes is created to read:

AB40-ASA1,399,21 23.0917 (3) (dm) 6. For fiscal year 2012-13, $36,500,000.

AB40-ASA1, s. 835s Section 835s. 23.0917 (3) (dm) 7. of the statutes is created to read:

AB40-ASA1,399,24 23.0917 (3) (dm) 7. For each fiscal year beginning with 2013-14 and ending with fiscal year 2019-20, $42,500,000.

AB40-ASA1, s. 836c Section 836c. 23.0917 (4) (d) 1. of the statutes is amended to read:

AB40-ASA1,400,8 23.0917 (4) (d) 1. The department may obligate not more than $11,500,000 in fiscal year 2000-01 and not more than $11,500,000 in fiscal year 2001-02 under the subprogram except as provided in sub. (5). For each fiscal year beginning with 2002-03 and ending with fiscal year 2009-10, the department may obligate not more than $15,000,000 under the subprogram except as provided in sub. (5). For each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $21,500,000 under the subprogram except as provided in sub. (5).

AB40-ASA1, s. 836f Section 836f. 23.0917 (4) (d) 1m. of the statutes is created to read:

AB40-ASA1,400,11 23.0917 (4) (d) 1m. Except as provided in sub. (5), the department may not obligate under the subprogram more than the following amounts:

AB40-ASA1,400,12 a. For fiscal year, 2011-12, $20,000,000.

AB40-ASA1,400,13 b. For fiscal year 2012-13, $21,000,000.

AB40-ASA1,400,15 c. For each fiscal year beginning with 2013-14 and ending with fiscal year 2019-20, $15,000,000.

AB40-ASA1, s. 836j Section 836j. 23.0917 (4) (d) 2n. of the statutes is amended to read:

AB40-ASA1,400,19 23.0917 (4) (d) 2n. Beginning with For fiscal year 2010-11 and ending with fiscal year 2019-20, the department may obligate not more than $11,500,000 in each fiscal year for local assistance.

AB40-ASA1, s. 836m Section 836m. 23.0917 (4) (d) 2p. of the statutes is created to read:

AB40-ASA1,400,23 23.0917 (4) (d) 2p. Beginning with fiscal year 2011-2012 and ending with fiscal year 2019-20, the department may obligate not more than $8,000,000 in each fiscal year for local assistance.

AB40-ASA1, s. 836p Section 836p. 23.0917 (5) (a) of the statutes is amended to read:

AB40-ASA1,401,9 23.0917 (5) (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. This paragraph does not apply after fiscal year 2010-11.

AB40-ASA1, s. 836s Section 836s. 23.0917 (5g) of the statutes is created to read:

AB40-ASA1,401,16 23.0917 (5g) Unused bonding authority. 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 under that subprogram for that given fiscal year, the department may not obligate the unobligated amount in subsequent fiscal years. This subsection applies beginning with fiscal year 2011-12 and ending with fiscal year 2019-20.

AB40-ASA1, s. 837 Section 837. 23.0917 (5t) of the statutes is created to read:

AB40-ASA1,402,4 23.0917 (5t) Local governmental resolutions. Each city, village, town, or county may adopt a nonbinding resolution that supports or opposes the proposed acquisition of land to be funded by moneys obligated from the appropriation under s. 20.866 (2) (ta) if all or a portion of the land is located in the city, village, town, or county. The department shall provide written notification of the proposed acquisition to each city, village, town, or county in which the land is located. A city, village, town, or county that adopts a resolution shall provide the department with a copy of the resolution. If the department receives the copy within 30 days after the date that the city, village, town, or county received the notification of the proposed acquisition, the department shall take the resolution into consideration before approving or denying the obligation of moneys for the acquisition from the appropriation under s. 20.866 (2) (ta).

AB40-ASA1, s. 837m Section 837m. 23.0917 (6m) (a) of the statutes is amended to read:

AB40-ASA1,402,20 23.0917 (6m) (a) The department may not obligate from the appropriation under s. 20.866 (2) (ta) for a given project or activity any moneys unless it first notifies the joint committee on finance in writing of the proposal. The committee may schedule a meeting to review the department's proposal only if at least 5 members of the committee, one of whom is a cochairperson, object to the proposal in writing. 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 unless par. (b) applies. A proposal as submitted by the department is approved unless a majority of the members of the committee who attend the meeting to review the proposal vote to modify or deny the proposal.

AB40-ASA1, s. 837r Section 837r. 23.0917 (6m) (b) of the statutes is repealed.

AB40-ASA1, s. 837t Section 837t. 23.0917 (6m) (bg) of the statutes is repealed.

AB40-ASA1, s. 838 Section 838. 23.0917 (6m) (c) of the statutes is amended to read:

AB40-ASA1,403,3 23.0917 (6m) (c) The procedures under pars. par. (a) and (b) apply only to an amount for a project or activity that exceeds $750,000 $250,000, except as provided in pars. (d) and (dm).

AB40-ASA1, s. 839 Section 839. 23.0917 (6m) (dm) (intro.) of the statutes is amended to read:

AB40-ASA1,403,7 23.0917 (6m) (dm) (intro.) The procedures under pars. par. (a) and (b) apply to an amount for a project or activity that is less than or equal to $750,000 $250,000 if all of the following apply:

AB40-ASA1, s. 840 Section 840. 23.0917 (6m) (dm) 1. of the statutes is amended to read:

AB40-ASA1,403,13 23.0917 (6m) (dm) 1. The project or activity is so closely related to one or more other department projects or activities for which the department has proposed to obligate or has obligated moneys under s. 20.866 (2) (ta) that the projects or activities, if combined, would constitute a larger project or activity that exceeds $750,000 $250,000.

AB40-ASA1, s. 840m Section 840m. 23.0917 (6m) (dm) 2. of the statutes is amended to read:

AB40-ASA1,403,17 23.0917 (6m) (dm) 2. The project or activity was separated from a larger project or activity by the department primarily to avoid the procedures under pars. par. (a) and (b).

AB40-ASA1, s. 840p Section 840p. 23.0917 (7) (a) of the statutes is amended to read:

AB40-ASA1,403,24 23.0917 (7) (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), 23.0953, 23.096, 30.24 (4) and 30.277 from the appropriation under s. 20.866 (2) (ta), the acquisition costs buyer's acquisition price shall equal the sum of the land's current fair market value and other acquisition costs of the buyer, as determined by rule by the department.

AB40-ASA1, s. 841b Section 841b. 23.0917 (7) (b) of the statutes is amended to read:

AB40-ASA1,404,5 23.0917 (7) (b) For land that has been owned by the current owner for less than one year, the acquisition costs buyer's acquisition price of the land shall equal the sum of the land's current fair market value and other acquisition costs of the buyer, as determined by rule by the department, or the current owner's acquisition price, whichever is lower.

AB40-ASA1, s. 842b Section 842b. 23.0917 (7) (c) of the statutes is renumbered 23.0917 (7) (c) (intro.) and amended to read:

AB40-ASA1,404,10 23.0917 (7) (c) (intro.) 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 buyer's acquisition price shall equal the lower of the following:

AB40-ASA1,404,12 2. The sum of the current owner's acquisition price and the annual adjustment increase.

AB40-ASA1, s. 843b Section 843b. 23.0917 (7) (c) 1. of the statutes is created to read:

AB40-ASA1,404,15 23.0917 (7) (c) 1. The land's current fair market value and other acquisition costs of the buyer as determined by rule by the department.

AB40-ASA1, s. 844 Section 844. 23.0917 (7) (d) (intro.) of the statutes is amended to read:

AB40-ASA1,404,19 23.0917 (7) (d) (intro.) For purposes of par. (c) 2., the annual adjustment increase shall be calculated by multiplying the current owner's acquisition price by 5% and by then multiplying that product by one of the following numbers:

AB40-ASA1, s. 845 Section 845. 23.0917 (7) (e) 1. of the statutes is amended to read:

AB40-ASA1,405,10 23.0917 (7) (e) 1. 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, or other funding to a governmental unit or nonprofit conservation organization under s. 23.09 (19), (20), or (20m), 23.092 (4), 23.094 (3g), 23.0953, 23.096, 30.24 (2), or 30.277 or to a nonprofit conservation organization under s. 23.096, the department shall use at least 2 appraisals to determine the current fair market value of the land. The governmental unit or nonprofit conservation organization shall submit to the department one appraisal that is paid for by the governmental unit or nonprofit conservation organization. The department shall obtain its own independent appraisal. The department may also require that the governmental unit or nonprofit conservation organization submit a 3rd independent appraisal. The department shall reimburse the governmental unit or nonprofit conservation organization up to 50% of the costs of the 3rd appraisal as part of the acquisition costs of the land if the land is acquired by the governmental unit or nonprofit conservation organization with moneys obligated from the appropriation under s. 20.866 (2) (ta).

AB40-ASA1, s. 846 Section 846. 23.0917 (7) (e) 2. of the statutes is amended to read:

AB40-ASA1,405,13 23.0917 (7) (e) 2. Subdivision 1. does not apply if the current fair market value of the land is estimated by the department to be $350,000 or less.

AB40-ASA1, s. 847 Section 847. 23.0917 (7) (f) 2. of the statutes is amended to read:

AB40-ASA1,405,22 23.0917 (7) (f) 2. For any acquisition of any land that is funded with moneys obligated from the appropriation under s. 20.866 (2) (ta), the department, within 30 days after the moneys are obligated, shall submit to the clerk and the assessor of each taxation district in which the land is located a copy of every appraisal in the department's possession that was prepared in order to determine the current fair market value of the land involved. An assessor who receives a copy of an appraisal under this subdivision shall consider the appraisal in valuing the land as provided under s. 70.32 (1).

AB40-ASA1, s. 848m Section 848m. 23.0917 (12) of the statutes is repealed and recreated to read:

AB40-ASA1,405,25 23.0917 (12) Expenditures after 2020. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2020.

AB40-ASA1, s. 856 Section 856. 23.15 (1) of the statutes is amended to read: