AB40: Bill Text

AB40,459,16 23.0917 (1) (cm) "Forestry easement" means a conservation easement that includes all of the development rights in the land and that imposes an obligation on the owner of the land to ensure that the land is managed using sustainable forestry practices to produce forest products.

AB40, s. 836 Section 836. 23.0917 (4) (b) 3. of the statutes is amended to read:

AB40,459,20 23.0917 (4) (b) 3. Grants for acquisition of property development rights under ss. 23.09 (20m) and 23.096. Beginning with fiscal year 2011-12, the department may not obligate moneys for such grants.

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

AB40,460,7 23.0917 (5t) Local governmental resolutions. Each city, village, town, or county shall 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 to each city, village, town, or county that is required to adopt a resolution. Within 30 days after receiving the notification, the city, village, town, or county shall adopt the resolution and shall provide the department with a copy of the resolution. If the department receives the copy within this time period, the department may not approve or deny the proposed acquisition until it takes the resolution into consideration. This paragraph does not apply to proposed acquisitions of forestry easements.

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

AB40,460,11 23.0917 (6m) (c) The procedures under pars. (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, s. 839 Section 839. 23.0917 (6m) (dm) (intro.) of the statutes is amended to read:

AB40,460,15 23.0917 (6m) (dm) (intro.) The procedures under pars. (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, s. 840 Section 840. 23.0917 (6m) (dm) 1. of the statutes is amended to read:

AB40,460,21 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, s. 841 Section 841. 23.0917 (7) (b) of the statutes is amended to read:

AB40,460,25 23.0917 (7) (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 current fair market value of the land or the current owner's acquisition price, whichever is lower.

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

AB40,461,5 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 shall equal the lower of the following:

AB40,461,7 2. The sum of the current owner's acquisition price and the annual adjustment increase.

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

AB40,461,9 23.0917 (7) (c) 1. The current fair market value of the land.

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

AB40,461,13 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, s. 845 Section 845. 23.0917 (7) (e) 1. of the statutes is amended to read:

AB40,462,4 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, s. 846 Section 846. 23.0917 (7) (e) 2. of the statutes is amended to read:

AB40,462,7 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, s. 847 Section 847. 23.0917 (7) (f) 2. of the statutes is amended to read:

AB40,462,16 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, s. 848 Section 848. 23.0917 (8m) of the statutes is created to read:

AB40,462,21 23.0917 (8m) Limitations on acquisitions. (a) Beginning with fiscal year 2011-12, in obligating moneys from the appropriation under s. 20.866 (2) (ta), the department may obligate moneys only for the acquisition of land in fee simple and for the acquisition of a right or interest in land that is one of the following:

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.