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2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 770
January 12, 2018 - Offered by Representative R. Brooks.
AB770-ASA1,2,7 1An Act to repeal 62.23 (7) (d) 2m. a., 66.0617 (9) (b), 66.0617 (9) (c), 66.0617 (9)
2(d) and 66.10015 (2) (d); to renumber 62.23 (7) (d) 2m. b., 66.1102 (1) (a) and
366.1102 (1) (b); to renumber and amend 32.09 (1m), 66.0617 (9) (a), 66.1105
4(2) (ab), 236.13 (2) (a) 1. and 236.13 (2) (a) 2.; to amend 32.19 (4m) (a) (intro.),
532.19 (4m) (b) 1., 32.20, 66.0617 (6) (g), 66.0617 (7), 66.0628 (4) (a), 66.0821 (4)
6(c), 66.1009 (1), 66.1015 (title), 66.1102 (title), 66.1105 (2) (f) 3. (intro.), 66.1105
7(4) (c), 66.1105 (4) (gm) 4. a., 66.1105 (4) (gm) 4. bm., 66.1105 (4) (gm) 6., 66.1105
8(4m) (b) 2., 66.1105 (6) (a) 8., 66.1105 (6) (g) 3., 101.65 (1) (a), 236.34 (1) (ar) 1.,
9236.45 (6) (am) and 281.33 (6) (a) 1.; and to create 32.09 (1m) (b), 32.19 (2) (hm),
1032.19 (4m) (a) 4., 66.0602 (3) (m), 66.0617 (7r), 66.10013, 66.10014, 66.10015 (1)
11(f), 66.10015 (5), 66.10015 (6), 66.1015 (3), 66.1102 (1) (ae), 66.1102 (5), 66.1105
12(2) (n) 1., 66.1105 (2) (n) 2., 66.1105 (2) (o), 66.1105 (4) (gm) 4. am., 66.1105 (6)
13(a) 14., 66.1105 (7) (ak) 5., 66.1108, 101.65 (1c), 236.13 (2) (ad), 236.13 (2) (am)

11d., 236.13 (2) (am) 1m., 236.13 (2) (am) 3. and 236.45 (6) (c) of the statutes;
2relating to: workforce housing development tax incremental districts; local
3fees and charges; local levy limits; subdivision approval conditions; plat
4approval conditions; expiration of certain project approvals; division of land by
5certified survey map; erosion control and storm water management; limiting
6certain local regulatory authority; relocation benefits in condemnation
7proceedings; and zoning ordinance amendments.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB770-ASA1,1 8Section 1. 32.09 (1m) of the statutes is renumbered 32.09 (1m) (a) and
9amended to read:
AB770-ASA1,2,1710 32.09 (1m) (a) As a basis for determining value, a commission in condemnation
11or a court may shall consider the price and other terms and circumstances of any good
12faith sale or contract to sell and purchase comparable property. A sale or contract
13is comparable within the meaning of this subsection paragraph if it was made within
14a reasonable time before or after the date of evaluation and the property is
15sufficiently similar in the relevant market, with respect to situation, usability,
16improvements, and other characteristics, to warrant a reasonable belief that it is
17comparable to the property being valued.
AB770-ASA1,2 18Section 2. 32.09 (1m) (b) of the statutes is created to read:
AB770-ASA1,2,2119 32.09 (1m) (b) As a basis for determining value, a commission in condemnation
20or a court shall consider, if provided by the owner, an appraisal based on the income
21approach and an appraisal based on the cost approach.
AB770-ASA1,3 22Section 3. 32.19 (2) (hm) of the statutes is created to read:
AB770-ASA1,3,6
132.19 (2) (hm) “Reasonable project costs” means the total of all of the following
2costs that an owner displaced person of an owner-occupied business or farm
3operation or tenant displaced person of a tenant-occupied business or farm
4operation must reasonably incur to make a business or farm operation to which the
5owner or tenant moves a comparable replacement business or farm operation under
6sub. (4m):
AB770-ASA1,3,117 1. Capital costs, including the actual costs of the construction of improvements,
8new buildings, structures, and fixtures; the demolition, alteration, remodeling,
9repair or reconstruction of existing buildings, structures, and fixtures; the removal
10or containment of, or the restoration of soil or groundwater affected by,
11environmental pollution; and the clearing and grading of land.
AB770-ASA1,3,1512 2. Financing costs, including all interest paid to holders of evidences of
13indebtedness issued to pay for project costs and any premium paid over the principal
14amount of the obligations because of the redemption of the obligations prior to
15maturity.
AB770-ASA1,3,1716 3. Professional service costs, including costs incurred for architectural,
17planning, engineering, and legal advice and services.
AB770-ASA1,3,1918 4. Imputed administrative costs, including reasonable charges for the time
19spent by the owner or tenant in connection with the implementation of the project.
AB770-ASA1,4,320 5. Costs related to the construction or alteration of sewerage treatment plants,
21water treatment plants or other environmental protection devices, storm or sanitary
22sewer lines, water lines, or amenities on streets; the relocation of utility lines or other
23utility infrastructure, including any lines or infrastructure related to an electric
24utility, natural gas utility, or telecommunications utility; the installation of
25infrastructure necessary to provide utility service to the property, including any

1service from an electric utility, natural gas utility, or telecommunications utility; or
2the rebuilding or expansion of streets if such costs are required by the applicable
3municipality and are not paid for by the municipality.
AB770-ASA1,4 4Section 4. 32.19 (4m) (a) (intro.) of the statutes is amended to read:
AB770-ASA1,4,225 32.19 (4m) (a) Owner-occupied business or farm operation. (intro.) In addition
6to amounts otherwise authorized by this subchapter, the condemnor shall make a
7payment, not to exceed $50,000, to any owner displaced person who has owned and
8occupied the business operation, or owned the farm operation, for not less than one
9year prior to the initiation of negotiations for the acquisition of the real property on
10which the business or farm operation lies, and who actually purchases a comparable
11replacement business or farm operation for the acquired property within 2 years
12after the date the person vacates the acquired property or receives payment from the
13condemnor, whichever is later. An owner displaced person who has owned and
14occupied the business operation, or owned the farm operation, for not less than one
15year prior to the initiation of negotiations for the acquisition of the real property on
16which the business or farm operation lies may elect to receive the payment under par.
17(b) 1. in lieu of the payment under this paragraph, but the amount of payment under
18par. (b) 1. to such an owner displaced person may not exceed the amount the owner
19displaced person is eligible to receive under this paragraph. If the condemnor is a
20village, town, or city, the payment by the condemnor under this paragraph may not
21exceed $100,000.
The additional payment under this paragraph shall include the
22following amounts:
AB770-ASA1,5 23Section 5. 32.19 (4m) (a) 4. of the statutes is created to read:
AB770-ASA1,4,2524 32.19 (4m) (a) 4. Any reasonable project costs incurred or to be incurred by the
25displaced person.
AB770-ASA1,6
1Section 6. 32.19 (4m) (b) 1. of the statutes is amended to read:
AB770-ASA1,5,112 32.19 (4m) (b) 1. The amount, not to exceed $30,000, which that is necessary
3to lease or rent a comparable replacement business or farm operation for a period of
44 years, plus any reasonable project costs incurred or to be incurred by the tenant
5displaced person. If the condemnor is a village, town, or city, the amount paid under
6this subdivision may not exceed $80,000
. The rental payment shall be computed by
7determining the average monthly rent paid for the property from which the person
8was displaced for the 12 months prior to the initiation of negotiations or, if
9displacement is not a direct result of acquisition, such other event as determined by
10the department of administration and the monthly rent of a comparable replacement
11business or farm operation, and multiplying the difference by 48; or
AB770-ASA1,7 12Section 7. 32.20 of the statutes is amended to read:
AB770-ASA1,6,7 1332.20 Procedure for collection of itemized items of compensation.
14Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the
15condemnor carrying on the project through which condemnee's or claimant's claims
16arise. All such claims must be filed after the damages upon which they are based
17have fully materialized but not later than 2 years after the condemnor takes physical
18possession of the entire property acquired or such other event as determined by the
19department of administration by rule. If such claim is not allowed within 90 days
20after the filing thereof, the claimant has a right of action against the condemnor
21carrying on the project through which the claim arises. Such action shall be
22commenced in a court of record in the county wherein the damages occurred. In
23causes of action, involving any state commission, board or other agency, excluding
24counties, the sum recovered by the claimant shall be paid out of any funds
25appropriated to such condemning agency. Any judgment shall be appealable by

1either party and any amount recovered by the body against which the claim was filed,
2arising from costs, counterclaims, punitive damages or otherwise may be used as an
3offset to any amount owed by it to the claimant, or may be collected in the same
4manner and form as any other judgment. The court shall award litigation expenses,
5as defined in s. 32.28 (1), to a claimant if the award of damages for the claimant
6exceeds the sum of the jurisdictional offer or highest written offer and the itemized
7costs under ss. 32.19 and 32.195 by 15 percent in an action under this section.
AB770-ASA1,8 8Section 8. 62.23 (7) (d) 2m. a. of the statutes is repealed.
AB770-ASA1,9 9Section 9. 62.23 (7) (d) 2m. b. of the statutes is renumbered 62.23 (7) (d) 2m.
AB770-ASA1,10 10Section 10. 66.0602 (3) (m) of the statutes is created to read:
AB770-ASA1,6,1411 66.0602 (3) (m) The levy increase limit otherwise applicable under this section
12to a city, village, or town in the current year is increased by $1,000 for each new
13single-family residential dwelling unit for which a city, village, or town issues an
14occupancy permit in the preceding year and that is all of the following:
AB770-ASA1,6,1615 1. Located on a parcel of no more than 0.25 acre in a city or village, or on a parcel
16of no more than one acre in a town.
AB770-ASA1,6,1817 2. Sold in the preceding year for not more than 80 percent of the median price
18of a new residential dwelling unit in the city, village, or town in the preceding year.
AB770-ASA1,11 19Section 11. 66.0617 (6) (g) of the statutes is amended to read:
AB770-ASA1,7,620 66.0617 (6) (g) Shall Except as provided under this paragraph, shall be payable
21by the developer or the property owner to the municipality in full upon the issuance
22of a building permit by the municipality. Except as provided in this paragraph, if the
23total amount of impact fees due for a development will be more than $75,000, a
24developer may defer payment of the impact fees for a period of 4 years from the date
25of the issuance of the building permit or until 6 months before the municipality

1incurs the costs to construct, expand, or improve the public facilities related to the
2development for which the fee was imposed, whichever is earlier. If the developer
3elects to defer payment under this paragraph, the developer shall maintain in force
4a bond or irrevocable letter of credit in the amount of the unpaid fees executed in the
5name of the municipality. A developer may not defer payment of impact fees for
6projects that have been previously approved.
AB770-ASA1,12 7Section 12. 66.0617 (7) of the statutes is amended to read:
AB770-ASA1,7,158 66.0617 (7) Low-cost, workforce housing. An ordinance enacted under this
9section may provide for an exemption from, or a reduction in the amount of, impact
10fees on land development that provides low-cost housing, except that no or workforce
11housing, as defined in s. 66.1105 (2) (n). Under no circumstances may the
amount
12of an impact fee for which an exemption or reduction is provided under this
13subsection may be shifted to any other development in the land development in
14which the low-cost housing or workforce housing is located or to any other land
15development in the municipality.
AB770-ASA1,13 16Section 13. 66.0617 (7r) of the statutes is created to read:
AB770-ASA1,7,1917 66.0617 (7r) Impact fee reports. At the time that the municipality collects an
18impact fee, it shall provide to the developer from which it received the fee an
19accounting of how the fee will be spent.
AB770-ASA1,14 20Section 14. 66.0617 (9) (a) of the statutes is renumbered 66.0617 (9) and
21amended to read:
AB770-ASA1,8,2422 66.0617 (9) Refund of impact fees. Subject to pars. (b), (c), and (d), and with
23regard to an impact fee that is collected after April 10, 2006, an ordinance enacted
24under this section shall specify that impact
Except as provided in this subsection,
25impact
fees that are collected by a municipality within 7 years of the effective date

1of the ordinance, but
are not used within 10 8 years after the effective date of the
2ordinance
they are collected to pay the capital costs for which they were imposed,
3shall be refunded to the current owner of payer of fees for the property with respect
4to which the impact fees were imposed, along with any interest that has
5accumulated, as described in sub. (8). The ordinance shall specify, by type of public
6facility, reasonable time periods within which impact fees must be spent or refunded
7under this subsection, subject to the 10-year limit in this paragraph and the
8extended time period specified in par. (b). In determining the length of the time
9periods under the ordinance, a municipality shall consider what are appropriate
10planning and financing periods for the particular types of public facilities for which
11the impact fees are imposed.
Impact fees that are collected for capital costs related
12to lift stations or collecting and treating sewage that are not used within 10 years
13after they are collected to pay the capital costs for which they were imposed, shall be
14refunded to the payer of fees for the property with respect to which the impact fees
15were imposed, along with any interest that has accumulated, as described in sub. (8).
16The 10-year time limit for using impact fees that is specified under this subsection
17may be extended for 3 years if the municipality adopts a resolution stating that, due
18to extenuating circumstances or hardship in meeting the 10-year limit, it needs an
19additional 3 years to use the impact fees that were collected. The resolution shall
20include detailed written findings that specify the extenuating circumstances or
21hardship that led to the need to adopt a resolution under this subsection. For
22purposes of the time limits in this subsection, an impact fee is paid on the date a
23developer obtains a bond or irrevocable letter of credit in the amount of the unpaid
24fees executed in the name of the municipality under sub. (6) (g).
AB770-ASA1,15 25Section 15. 66.0617 (9) (b) of the statutes is repealed.
AB770-ASA1,16
1Section 16. 66.0617 (9) (c) of the statutes is repealed.
AB770-ASA1,17 2Section 17. 66.0617 (9) (d) of the statutes is repealed.
AB770-ASA1,18 3Section 18. 66.0628 (4) (a) of the statutes is amended to read:
AB770-ASA1,9,114 66.0628 (4) (a) Any person aggrieved by a fee imposed by a political subdivision
5because the person does not believe that the fee bears a reasonable relationship to
6the service for which the fee is imposed may appeal the reasonableness of the fee to
7the tax appeals commission by filing a petition with the commission within 60 90
8days after the fee's imposition, as provided under s. 73.01 (5) with respect to income
9or franchise tax cases, and the
fee is due and payable. The commission's decision may
10be reviewed under s. 73.015. For appeals brought under this subsection, the filing
11fee required under s. 73.01 (5) (a) does not apply.
AB770-ASA1,19 12Section 19. 66.0821 (4) (c) of the statutes is amended to read:
AB770-ASA1,9,2513 66.0821 (4) (c) For the purpose of making equitable charges for all services
14rendered by a storm water and surface water sewerage system to users, the property
15served may be classified, taking into consideration the volume or peaking of storm
16water or surface water discharge that is caused by the area of impervious surfaces,
17topography, impervious surfaces and other surface characteristics, extent and
18reliability of mitigation or treatment measures available to service the property,
19apart from measures provided by the storm water and surface water sewerage
20system, and any other considerations that are reasonably relevant to a use made of
21the storm water and surface water sewerage system. The charges may also include
22standby charges to property not yet developed with significant impervious surfaces
23for which capacity has been made available in the storm water and surface water
24sewerage system. No additional charges, beyond those charged to similar properties,
25may be charged to a property for services rendered by a storm and surface water

1system for a property that continually retains 90 percent of the difference between
2the post-development and predevelopment runoff on site.
AB770-ASA1,20 3Section 20. 66.10013 of the statutes is created to read:
AB770-ASA1,10,5 466.10013 Housing affordability report. (1) In this section, “municipality”
5means a city or village with a population of 10,000 or more.
AB770-ASA1,10,9 6(2) Not later than January 1, 2020, a municipality shall prepare a report of the
7municipality's implementation of the housing element of the municipality's
8comprehensive plan under s. 66.1001. The municipality shall update the report
9annually, not later than January 31. The report shall contain all of the following:
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