AB855: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB855,1 Section 1. 20.866 (2) (ta) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,4,7 20.866 (2) (ta) Natural resources; Warren Knowles-Gaylord Nelson stewardship 2000 program. From the capital improvement fund a sum sufficient for the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 23.0917. The state may contract public debt in an amount not to exceed $1,046,250,000 $1,214,250,000 for this program. The state may contract additional public debt in an amount up to $42,600,000 for this program. Except as provided in s. 23.0917 (4g) (b), (4m) (k), (5), (5g), and (5m), the amounts obligated, as defined in s. 23.0917 (1) (e), under this paragraph may not exceed $46,000,000 in fiscal year 2000-01, may not exceed $46,000,000 in fiscal year 2001-02, may not exceed $60,000,000 in each fiscal year beginning with fiscal year 2002-03 and ending with fiscal year 2009-10, may not exceed $86,000,000 in fiscal year 2010-11, may not exceed $60,000,000 in fiscal year 2011-12, may not exceed $60,000,000 in fiscal year 2012-13, may not exceed $47,500,000 in fiscal year 2013-14, may not exceed $54,500,000 in fiscal year 2014-15, and may not exceed $33,250,000 in each fiscal year beginning with 2015-16 and ending with fiscal year 2021-22, and may not exceed $21,000,000 in each fiscal year beginning with 2022-23 and ending with 2029-30.

AB855,2 Section 2 . 20.866 (2) (tw) of the statutes is amended to read:

AB855,4,17 20.866 (2) (tw) Natural resources; ice age trail. From the capital improvement fund, as a part of the outdoor recreation land acquisition program, a sum sufficient for the department of natural resources for the acquisition and development of the ice age trail under s. 23.17. The state may contract public debt in an amount not to exceed $750,000 for this purpose. Moneys expended from this appropriation in each fiscal year may not exceed an amount equal to the sum of the amount received under s. 20.370 (7) (gg) from gifts, grants and bequests for that fiscal year plus an amount equal to the valuation of the land accepted for dedication under s. 23.293 (5) in that fiscal year.

AB855,3 Section 3 . 23.09 (2p) of the statutes is repealed.

AB855,4 Section 4 . 23.09 (2r) (a) of the statutes is amended to read:

AB855,4,20 23.09 (2r) (a) Land acquisition under subs. sub. (2dm) and (2p).

AB855,5 Section 5. 23.0915 (2c) (d) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,4,24 23.0915 (2c) (d) No moneys may be committed for expenditure from the appropriation under s. 20.866 (2) (tz) after June 30, 2022 2030.

AB855,6 Section 6. 23.0917 (3) (a) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,5,7 23.0917 (3) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2021-22 2029-30, the department may obligate moneys under the subprogram for land acquisition to acquire land for the purposes specified in s. 23.09 (2) (d) and grants for these purposes under s. 23.096, except as provided under par. (am) and ss. 23.197 (2m), (3m) (b), (7m), and (8) and 23.198 (1) (a).

AB855,7 Section 7 . 23.0917 (3) (am) of the statutes is created to read:

AB855,5,14 23.0917 (3) (am) Notwithstanding s. 23.09 (2) (d) and the limitation on the purposes for which the department may acquire land and award grants under par. (a), the department may acquire or award a grant for the acquisition of a parcel of agricultural land under par. (a) for the purpose of leasing a portion of it to any person for agricultural purposes if the remainder of the parcel will be used for a purpose specified in s. 23.09 (2) (d).

AB855,8 Section 8. 23.0917 (3) (br) 2. of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,5,18 23.0917 (3) (br) 2. For each fiscal year beginning with 2015-16 and ending with 2021-22 2029-30, $7,000,000.

AB855,9 Section 9 . 23.0917 (3) (dm) 8. of the statutes is created to read:

AB855,5,21 23.0917 (3) (dm) 8. For each fiscal year beginning with 2022-23 and ending with fiscal year 2029-30, $14,000,000.

AB855,10 Section 10. 23.0917 (4) (a) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,6,3 23.0917 (4) (a) Beginning with fiscal year 2000-01 and ending with fiscal year 2021-22 2029-30, the department may obligate moneys under the subprogram for property development and local assistance. Moneys obligated under this subprogram may be only used for nature-based outdoor recreation, except as provided under par. (cm).

AB855,11 Section 11 . 23.0917 (4) (d) 1m. f. of the statutes is created to read:

AB855,6,6 23.0917 (4) (d) 1m. f. For each fiscal year beginning with 2022-23 and ending with fiscal year 2029-30, $9,500,000.

AB855,12 Section 12. 23.0917 (4) (d) 2r. of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,6,11 23.0917 (4) (d) 2r. Beginning with fiscal year 2013-14 and ending with fiscal year 2021-22 2029-30, the department shall obligate $6,000,000 in each fiscal year for local assistance.

AB855,13 Section 13. 23.0917 (4j) (b) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,6,19 23.0917 (4j) (b) For fiscal year 2007-08, the department may not obligate more than $1,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92. For each fiscal year beginning with fiscal year 2008-09 and ending with fiscal year 2021-22 2029-30, the department may not obligate more than $2,500,000 for cost-sharing with local governmental units for recreational boating projects under s. 30.92.

AB855,14 Section 14 . 23.0917 (5g) (a) of the statutes is amended to read:

AB855,7,3 23.0917 (5g) (a) Except as provided in pars. (b), (c), (d), (e), (f), and (g), 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 2029-30, except that it does not apply to fiscal years 2020-21 and 2021-22.

AB855,15 Section 15 . 23.0917 (5g) (b) of the statutes is renumbered 23.0917 (5g) (b) 1. and amended to read:

AB855,7,12 23.0917 (5g) (b) 1. If in a given fiscal year beginning with fiscal year 2013-14 and ending in 2021-22, the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose of awarding a grant under s. 23.0953 to a county for the acquisition of land for a county forest under s. 28.11.

AB855,16 Section 16 . 23.0917 (5g) (b) 2. of the statutes is created to read:

AB855,7,20 23.0917 (5g) (b) 2. If in a given fiscal year beginning with fiscal year 2022-23, the amount that the department obligates from the moneys appropriated under s. 20.866 (2) (ta) to provide grants to nonprofit conservation organizations under s. 23.096 is less than the amount set aside for that purpose under sub. (3) (br) in that fiscal year, the department may obligate the unobligated amount in the next fiscal year but only for the purpose of awarding a grant to a governmental unit under s. 23.09 (19), (20), or (20m) or 30.277.

AB855,17 Section 17. 23.0917 (12) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,7,24 23.0917 (12) Expenditures after 2022 2030. No moneys may be obligated from the appropriation under s. 20.866 (2) (ta) after June 30, 2022 2030.

AB855,18 Section 18 . 23.092 (5) of the statutes is repealed.

AB855,19 Section 19. 23.094 (4) of the statutes is repealed.

AB855,20 Section 20. 23.0953 (2) (a) (intro.) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,8,6 23.0953 (2) (a) (intro.) Beginning with fiscal year 2010-11 and ending with fiscal year 2021-22 2029-30, the department shall establish a grant program under which the department may award a grant to a county for any of the following:

AB855,21 Section 21 . 23.0953 (2) (c) of the statutes is created to read:

AB855,8,10 23.0953 (2) (c) A county is not eligible for a grant under this section if the number of acres of public land in the county that are used for nature conservation purposes constitutes 20 percent or more of the number of acres in the county.

AB855,22 Section 22. 23.096 (2m) (intro.) of the statutes, as affected by 2019 Wisconsin Act 9, is amended to read:

AB855,8,17 23.096 (2m) (intro.) Notwithstanding sub. (2) (b), in each fiscal year beginning with fiscal year 2010-11 and ending with fiscal year 2021-22 2029-30, the department may award grants under this section that equal up to 75 percent of the acquisition costs of the property if the natural resources board determines that all of the following apply:

AB855,23 Section 23 . 23.175 (3) (b) (intro.) and 1. of the statutes are consolidated, renumbered 23.175 (3) (b) and amended to read:

AB855,8,22 23.175 (3) (b) Expend an amount from the appropriation under s. 20.866 (2) (ta) or (tz) or both that equals any of the following: 1. The the amount of a gift, grant, or bequest received for a state trail under this section.

AB855,24 Section 24 . 23.175 (3) (b) 2. of the statutes is repealed.

AB855,25 Section 25 . 23.29 (1) of the statutes is amended to read:

AB855,9,5 23.29 (1) Intent. It is the intent of the legislature to encourage private contributions and land dedications under the Wisconsin natural areas heritage program. It is the intent of the legislature to match private contributions and the value of land dedications with state funds in addition to funds normally appropriated for natural areas land acquisition activities.

AB855,26 Section 26 . 23.29 (2) of the statutes is amended to read:

AB855,9,17 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 conservation fund and credited to the appropriation under s. 20.370 (1) (fu). 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.

AB855,27 Section 27 . 23.29 (3) of the statutes is repealed.

AB855,28 Section 28 . 23.29 (11) of the statutes is amended to read:

AB855,9,25 23.29 (11) Land dedications; partial interest; land of other state agencies; access. The department may not accept land for dedication under the Wisconsin natural areas heritage program if the land dedication involves the transfer of a partial interest in the land to the state unless adequate provisions for access are provided. Land under the ownership of the state but under the management and control of another state agency may not be accepted for dedication under the Wisconsin natural areas heritage program unless adequate provisions for access are provided. Adequate provisions for access are required to include provisions which guarantee access to the land by the department and its agents at reasonable times to inspect the land and to determine if the articles of dedication are being violated. Adequate provisions for access are required to include provisions which guarantee to the department and its agents access and rights to the land necessary to exercise stewardship responsibilities. Adequate provisions for access may not be required to include any provision permitting public access to the land although the department shall encourage public access provisions wherever possible and consistent with preservation of natural values associated with the land. If public access is permitted, the department shall consider this as a factor when making its valuation under sub. (3). Even if public access is permitted, the department may limit access at its discretion to protect natural values associated with the land or to facilitate stewardship or administration.

AB855,29 Section 29 . 23.293 (4) of the statutes is amended to read:

AB855,11,2 23.293 (4) Contributions and gifts ; state match. The department may accept contributions and gifts for the ice age trail program. The department may convert gifts of land which it determines are not appropriate for the ice age trail program into cash. The department may convert other noncash contributions and gifts into cash. These moneys shall be deposited in the general fund and credited to the appropriation under s. 20.370 (7) (gg). An amount equal to the value of all contributions and gifts shall be released from the appropriation under s. 20.866 (2) (ta), (tw) or (tz) or from any combination of these appropriations to be used for land acquisition and development activities under s. 23.17. The department shall determine how the moneys being released are to be allocated from these appropriations.

AB855,30 Section 30 . 23.293 (5) of the statutes is repealed.

AB855,31 Section 31 . 25.29 (7) (c) of the statutes is created to read:

AB855,11,7 25.29 (7) (c) Of the moneys received under s. 70.58, in each fiscal year beginning in 2022-23, the department shall set aside $5,000,000 for grants to counties to acquire land for county forests under s. 23.0953 (2) (a) 1.

AB855,32 Section 32 . 25.29 (7) (d) of the statutes is created to read:

AB855,11,11 25.29 (7) (d) Of the moneys received under s. 70.58, in each fiscal year beginning in 2022-23, the department shall set aside $5,000,000 for the acquisition of forest land under s. 28.043 (2).

AB855,33 Section 33 . 28.043 of the statutes is created to read:

AB855,11,14 28.043 Land acquisition. (1) In this section, “land" means land in fee simple, conservation easements, other easements in land, and development rights in land.

AB855,11,16 (2) The department may use moneys set aside under s. 25.29 (7) (d) to acquire forest land for the purposes specified in s. 23.09 (2) (d).

AB855,34 Section 34 . 70.58 (1) of the statutes is amended to read:

AB855,12,4 70.58 (1) Except as provided in subs. (2) and (3), there is levied an annual tax of two-tenths of one mill for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57, for the purpose of acquiring, preserving and developing the forests of the state and for the purpose of forest crop law and county forest law administration and aid payments, for grants to forestry cooperatives under s. 36.56, and for the acquisition, purchase and development of forests described under s. 25.29 (7) (a) and, (b), (c), and (d), the proceeds of the tax to be paid into the conservation fund. The tax shall not be levied in any year in which general funds are appropriated for the purposes specified in this section, equal to or in excess of the amount which the tax would produce and no tax shall be levied under this section beginning with the property tax assessments as of January 1, 2017.

AB855,12,5 (End)