AB852: Bill Text

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

AB852,1 Section 1. 20.370 (7) (ae) of the statutes is created to read:

AB852,3,8 20.370 (7) (ae) Grant reimbursement - principal repayment. All moneys received from nonprofit conservation organizations under s. 23.096 (4) (am) 1. b., from counties under s. 23.0953 (4) (b) 2., and from governmental units under s. 23.09 (19) (e) 2. b. and (20) (b) 3. b. to reimburse s. 20.866 (1) (u) for the payment of principal on outstanding public debt incurred under the Warren Knowles-Gaylord Nelson stewardship 2000 program under s. 23.0917 and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

AB852,2 Section 2. 23.09 (19) (e) of the statutes is renumbered 23.09 (19) (e) 1. and amended to read:

AB852,3,16 23.09 (19) (e) 1. As part of its approval of a grant, the department shall specify for which of the purposes listed in par. (c) the governmental unit may use the land or the rights in the land acquired with the grant. The Except as provided under subd. 2., without the prior approval of the department the governmental unit may not convert the land or the rights in the land acquired under this subsection to a use that is inconsistent with the uses as approved by the department.

AB852,3 Section 3. 23.09 (19) (e) 2. and 3. of the statutes are created to read:

AB852,4,4 23.09 (19) (e) 2. A governmental unit may convert the land, or rights in the land, acquired with grant moneys awarded under this subsection to a use that is inconsistent with the uses specified by the department under subd. 1. without prior approval of the department if all of the following apply:

AB852,4,6 a. The governmental unit notifies the department in writing of its intent to convert the land or rights in the land.

AB852,4,11 b. Except as provided in par. (c), the governmental unit reimburses the department the full amount of the grant it received plus interest, as determined by the department, within one year after the date on which it notified the department under subd. 1. This reimbursement requirement applies regardless of whether the land or rights in the land are converted within that period.

AB852,4,12 c. The property remains public until the time of conversion.

AB852,4,18 3. A governmental unit that notifies the department of its intent to convert the land or rights in the land under subd. 2. a. may withdraw its intent before the period under subd. 2. b. expires by notifying the department in writing of that withdrawal. If notification of withdrawal is submitted, the reimbursement requirement under subd. 2. b. does not apply and the governmental unit may not begin the process under subd. 2. again for 6 months.

AB852,4 Section 4. 23.09 (20) (b) of the statutes is renumbered 23.09 (20) (b) 1. and amended to read:

AB852,5,2 23.09 (20) (b) 1. Except as provided in s. 23.096 (2m), state aid under this subsection is limited to no more than 50 percent of the acquisition costs and the development costs of recreation lands and other outdoor recreation facilities. Costs associated with operation and maintenance of parks and other outdoor recreational facilities established under this subsection are not eligible for state aid. Administrative costs of acquiring lands or land rights are not included in the acquisition costs eligible for state aid under this subsection.

AB852,5,8 2. Title to lands or rights in lands acquired by a municipality under this subsection shall vest in the municipality, but, except as provided under subd. 3., such land shall not be converted to uses inconsistent with this subsection subd. 1. without prior approval of the state and department. Except as provided under subd. 3., proceeds from the sale or other disposal of such lands shall be used to promote the objectives of this subsection.

AB852,5 Section 5. 23.09 (20) (b) 3. and 4. of the statutes are created to read:

AB852,5,14 23.09 (20) (b) 3. A governmental unit may convert the land, or rights in the land, acquired with grant moneys awarded under this subsection to a use that is inconsistent with subd. 1. without prior approval of the department and proceeds from the sale or other disposal of such lands are not limited to promotion of the objectives of this subsection if all of the following apply:

AB852,5,16 a. The governmental unit notifies the department in writing of its intent to convert the land or rights in the land.

AB852,5,21 b. Except as provided in subd. 4., the governmental unit reimburses the department the full amount of the grant it received plus interest, as determined by the department, within one year after the date on which it notified the department under subd. 3. a. This reimbursement requirement applies regardless of whether the land or rights in the land are converted within that period.

AB852,5,22 c. The property remains public until the time of conversion.

AB852,6,3 4. A governmental unit that notifies the department of its intent to convert the land or rights in the land under subd. 3. a. may withdraw its intent before the period under subd. 3. b. expires by notifying the department in writing of that withdrawal. If notification of withdrawal is submitted, the reimbursement requirement under subd. 3. b. does not apply and the governmental unit may not begin the process under subd. 3. again for 6 months.

AB852,6 Section 6. 23.0953 (4) of the statutes is renumbered 23.0953 (4) (a) and amended to read:

AB852,6,10 23.0953 (4) (a) A Except as provided in par. (b), a county may not convert the land, or any rights in the land, 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 department approves the conversion.

AB852,7 Section 7. 23.0953 (4) (b) and (c) of the statutes are created to read:

AB852,6,15 23.0953 (4) (b) A county may convert the land, or rights in the land, 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 without the approval of the department if all of the following apply:

AB852,6,17 1. The county notifies the department in writing of its intent to convert the land or rights in the land.

AB852,6,22 2. Except as provided in par. (c), the county reimburses the department the full amount of the grant it received plus interest, as determined by the department, within one year after the date on which it notified the department under subd. 1. This reimbursement requirement applies regardless of whether the land or rights in the land are converted within that period.

AB852,6,23 3. The property remains public until the time of conversion.

AB852,7,4 (c) A county that notifies the department of its intent to convert the land or rights in the land under par. (b) 1. may withdraw its intent before the period under par. (b) 2. expires by notifying the department in writing of that withdrawal. If notification of withdrawal is submitted, the reimbursement requirement under par. (b) 2. does not apply and the county may not begin the process under par. (b) again for 6 months.

AB852,8 Section 8. 23.096 (4) (am) of the statutes is created to read:

AB852,7,8 23.096 (4) (am) 1. The nonprofit conservation organization may subsequently sell or transfer the acquired property to a 3rd party other than a creditor of the organization if all of the following apply:

AB852,7,10 a. The nonprofit conservation organization notifies the department in writing of its intent to sell or transfer the property.

AB852,7,15 b. Except as provided in subd. 2., the nonprofit conservation organization reimburses the department the full amount of the grant it received plus interest, as determined by the department, within one year after the date on which it notified the department under subd. 1. a. This reimbursement requirement applies regardless of whether the property is sold or transferred within that period.

AB852,7,16 c. The property remains public until the time of sale or transfer.

AB852,7,22 2. A nonprofit conservation organization that notifies the department of its intent to sell or transfer the property under subd. 1. a. may withdraw its intent before the period under subd. 1. b. expires by notifying the department in writing of that withdrawal. If notification of withdrawal is submitted, the reimbursement requirement under subd. 1. b. does not apply and the nonprofit conservation organization may not begin the process under subd. 1. again for 6 months.

AB852,7,23 (End)