SB21: Bill Text

SB21,530,19 30.77 (3) (dm) 1. b. "Local entity" means a city, village, town, county, qualified lake association, nonprofit conservation organization, as defined in s. 23.0955 (1), 23.09 (20m) (a) 3., town sanitary district, public inland lake protection and rehabilitation district, or another local governmental unit, as defined in s. 66.0131 (1) (a), that is established for the purpose of lake management.

SB21,1066 Section 1066. 30.92 (6) (b) of the statutes is amended to read:

SB21,530,25 30.92 (6) (b) The department shall assign staff to the commission for management of the program under this section. All staff activities, including but not limited to budgeting, program coordination, and related administrative management functions, shall be consistent with the policies of the department and the natural resources board.

SB21,1067 Section 1067 . 32.02 (1) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,531,15 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, a local sports and entertainment district created under subch. VI of ch. 229, school district, the department of health services, the department of corrections, the board of regents of the University of Wisconsin System Authority, the building commission, a commission created by contract under s. 66.0301, with the approval of the municipality in which condemnation is proposed, a commission created by contract under s. 66.0303 that is acting under s. 66.0304, if the condemnation occurs within the boundaries of a member of the commission, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.70 (12), and a local professional football stadium district board, created under subch. IV of ch. 229, may not acquire property by condemnation.

SB21,1068 Section 1068. 32.19 (2) (b) of the statutes is amended to read:

SB21,532,2 32.19 (2) (b) "Comparable dwelling" means one which, when compared with the dwelling being taken, is substantially equal concerning all major characteristics and functionally equivalent with respect to: the number and size of rooms and closets, area of living space, type of construction, age, state of repair, size and utility of any garage or other outbuilding, type of neighborhood and accessibility to public services and places of employment. "Comparable dwelling" shall meet all of the standard building requirements and other code requirements of the local governmental body and shall also be decent, safe and sanitary and within the financial means of the displaced person, as defined by the department of administration public service commission.

SB21,1069 Section 1069. 32.19 (2) (e) 1. b. of the statutes is amended to read:

SB21,532,7 32.19 (2) (e) 1. b. As a result of rehabilitation, demolition or other displacing activity, as determined by the department of administration public service commission, if the person is a tenant-occupant of a dwelling, business or farm operation and the displacement is permanent.

SB21,1070 Section 1070. 32.19 (3) (b) 1. of the statutes is amended to read:

SB21,532,13 32.19 (3) (b) 1. `Dwellings.' Any displaced person who moves from a dwelling and who elects to accept the payments authorized by this paragraph in lieu of the payments authorized by par. (a) may receive an expense and dislocation allowance, determined according to a schedule established by the department of administration public service commission.

SB21,1071 Section 1071. 32.19 (3) (b) 2. of the statutes is amended to read:

SB21,532,23 32.19 (3) (b) 2. `Business and farm operations.' Any displaced person who moves or discontinues his or her business or farm operation, is eligible under criteria established by the department of administration public service commission by rule and elects to accept payment authorized under this paragraph in lieu of the payment authorized under par. (a), may receive a fixed payment in an amount determined according to criteria established by the department of administration public service commission by rule, except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others is not eligible for a payment under this subdivision.

SB21,1072 Section 1072. 32.19 (3) (c) of the statutes is amended to read:

SB21,533,9 32.19 (3) (c) Optional payment for businesses. Any displaced person who moves his or her business, and elects to accept the payment authorized in par. (a), may, if otherwise qualified under par. (b) 2., elect to receive the payment authorized under par. (b) 2., minus whatever payment the displaced person received under par. (a), if the displaced person discontinues the business within 2 years of the date of receipt of payment under par. (a), provided that the displaced person meets eligibility criteria established by the department of administration public service commission by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.

SB21,1073 Section 1073. 32.19 (3) (d) of the statutes is created to read:

SB21,533,16 32.19 (3) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under pars. (a) to (c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations adopted thereunder.

SB21,1074 Section 1074. 32.19 (4) (a) 2. of the statutes is amended to read:

SB21,534,2 32.19 (4) (a) 2. The amount of increased interest expenses and other debt service costs incurred by the owner to finance the purchase of another property substantially similar to the property taken, if at the time of the taking the land acquired was subject to a bona fide mortgage or was held under a vendee's interest in a bona fide land contract, and such mortgage or land contract had been executed in good faith not less than 180 days prior to the initiation of negotiations for the acquisition of such property. The computation of the increased interest costs shall be determined according to rules promulgated by the department of administration public service commission.

SB21,1075 Section 1075. 32.19 (4) (b) (intro.) of the statutes is amended to read:

SB21,534,13 32.19 (4) (b) Tenants and certain others. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any individual or family displaced from any dwelling which was actually and lawfully occupied by such individual or family for not less than 90 days prior to the initiation of negotiations for the acquisition of such property or, if displacement is not a direct result of acquisition, such other event as determined by the department of administration public service commission by rule. For purposes of this paragraph, a corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under par. (bm), such payment shall be either:

SB21,1076 Section 1076. 32.19 (4) (d) of the statutes is created to read:

SB21,534,20 32.19 (4) (d) Federally financed projects. Notwithstanding pars. (a) to (c), in the case of a program or project receiving federal financial assistance, a condemnor shall, in addition to any payment under pars. (a) to (c), make any additional payment required to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 USC 4601 to 4655, and any regulations adopted thereunder.

SB21,1077 Section 1077. 32.19 (4m) (a) 2. of the statutes is amended to read:

SB21,535,4 32.19 (4m) (a) 2. The amount, if any, which will compensate such owner displaced person for any increased interest and other debt service costs which such person is required to pay for financing the acquisition of any replacement property, if the property acquired was encumbered by a bona fide mortgage or land contract which was a valid lien on the property for at least one year prior to the initiation of negotiations for its acquisition. The amount under this subdivision shall be determined according to rules promulgated by the department of administration public service commission.

SB21,1078 Section 1078. 32.19 (4m) (b) (intro.) of the statutes is amended to read:

SB21,535,16 32.19 (4m) (b) Tenant-occupied business or farm operation. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any tenant displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to initiation of negotiations for the acquisition of the real property on which the business or farm operation lies or, if displacement is not a direct result of acquisition, such other event as determined by the department of administration public service commission, and who actually rents or purchases a comparable replacement business or farm operation for the displaced business or farm operation within 2 years after the date the person vacates the acquired property. At the option of the tenant displaced person, such payment shall be either:

SB21,1079 Section 1079. 32.19 (4m) (b) 1. of the statutes is amended to read:

SB21,535,25 32.19 (4m) (b) 1. The amount, not to exceed $30,000, which is necessary to lease or rent a comparable replacement business or farm operation for a period of 4 years. The payment shall be computed by determining the average monthly rent paid for the property from which the person was displaced for the 12 months prior to the initiation of negotiations or, if displacement is not a direct result of acquisition, such other event as determined by the department of administration public service commission and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or

SB21,1080 Section 1080. 32.197 of the statutes is amended to read:

SB21,536,12 32.197 Waiver of relocation assistance. An owner-occupant of property being acquired may waive his or her right to receive any relocation payments or services under this subchapter if the property being acquired is not contiguous to any property which may be acquired by the condemnor and is not part of a previously identified or proposed project where it is reasonable to conclude that acquisition by the condemnor may occur in the foreseeable future. Prior to the execution of any waiver under this section, the condemnor shall provide to the owner-occupant, in writing, full information about the specific payments and services being waived by the owner-occupant. The department of administration public service commission shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed.

SB21,1081 Section 1081. 32.20 of the statutes is amended to read:

SB21,537,5 32.20 Procedure for collection of itemized items of compensation. Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the condemnor carrying on the project through which condemnee's or claimant's claims arise. All such claims must be filed after the damages upon which they are based have fully materialized but not later than 2 years after the condemnor takes physical possession of the entire property acquired or such other event as determined by the department of administration public service commission by rule. If such claim is not allowed within 90 days after the filing thereof, the claimant has a right of action against the condemnor carrying on the project through which the claim arises. Such action shall be commenced in a court of record in the county wherein the damages occurred. In causes of action, involving any state commission, board or other agency, excluding counties, the sum recovered by the claimant shall be paid out of any funds appropriated to such condemning agency. Any judgment shall be appealable by either party and any amount recovered by the body against which the claim was filed, arising from costs, counterclaims, punitive damages or otherwise may be used as an offset to any amount owed by it to the claimant, or may be collected in the same manner and form as any other judgment.

SB21,1082 Section 1082. 32.25 (1) of the statutes is amended to read:

SB21,537,12 32.25 (1) Except as provided under sub. (3) and s. 85.09 (4m), no condemnor may proceed with any activity that may involve the displacement of persons, business concerns or farm operations until the condemnor has filed in writing a relocation payment plan and relocation assistance service plan and has had both plans approved in writing by the department of administration public service commission.

SB21,1083 Section 1083. 32.25 (2) (h) of the statutes is amended to read:

SB21,537,22 32.25 (2) (h) Assure that, within a reasonable time prior to displacement, there will be available, to the extent that may reasonably be accomplished, housing meeting the standards established by the department of administration public service commission for decent, safe and sanitary dwellings. The housing, so far as practicable, shall be in areas not generally less desirable in regard to public utilities, public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced and equal in number to the number of such displaced families or individuals and reasonably accessible to their places of employment.

SB21,1084 Section 1084. 32.26 (title) of the statutes is amended to read:

SB21,537,25 32.26 (title) Authority of the department of administration public service commission.

SB21,1085 Section 1085. 32.26 (1) of the statutes is amended to read:

SB21,538,4 32.26 (1) In addition to all other powers granted in this subchapter, the department of administration public service commission shall formulate local standards for decent, safe and sanitary dwelling accommodations.

SB21,1086 Section 1086. 32.26 (2) (a) of the statutes is amended to read:

SB21,538,7 32.26 (2) (a) The department of administration public service commission shall promulgate rules to implement and administer ss. 32.19 to 32.27.

SB21,1087 Section 1087. 32.26 (2) (b) of the statutes is amended to read:

SB21,538,13 32.26 (2) (b) The department of administration public service commission and the department of transportation shall establish interdepartmental interagency liaison procedures for the purpose of cooperating and exchanging information to assist the department of administration public service commission in promulgating rules under par. (a).

SB21,1088 Section 1088. 32.26 (3) of the statutes is amended to read:

SB21,538,20 32.26 (3) The department of administration public service commission may make investigations to determine if the condemnor is complying with ss. 32.19 to 32.27. The department commission may seek an order from the circuit court requiring a condemnor to comply with ss. 32.19 to 32.27 or to discontinue work on that part of the project which is not in substantial compliance with ss. 32.19 to 32.27. The court shall give hearings on these actions precedence on the court's calendar.

SB21,1089 Section 1089. 32.26 (4) of the statutes is amended to read:

SB21,538,25 32.26 (4) Upon the request of the department of administration public service commission, the attorney general shall aid and prosecute all necessary actions or proceedings for the enforcement of this subchapter and for the punishment of all violations of this subchapter.

SB21,1090 Section 1090. 32.26 (5) of the statutes is amended to read:

SB21,539,14 32.26 (5) Any displaced person may, prior to commencing court action against the condemnor under s. 32.20, petition the department of administration public service commission for review of his or her complaint, setting forth in the petition the reasons for his or her dissatisfaction. The department commission may conduct an informal review of the situation and attempt to negotiate an acceptable solution. If an acceptable solution cannot be negotiated within 90 days, the department commission shall notify all parties, and the petitioner may then proceed under s. 32.20. The informal review procedure provided by this subsection is not a condition precedent to the filing of a claim and commencement of legal action pursuant to s. 32.20. In supplying information required by s. 32.25 (2) (d), the condemnor shall clearly indicate to each displaced person his or her right to proceed under this paragraph and under s. 32.20, and shall supply full information on how the displaced person may contact the department of administration public service commission.

SB21,1091 Section 1091. 32.26 (6) of the statutes is amended to read:

SB21,539,23 32.26 (6) The department of administration public service commission, with the cooperation of the attorney general, shall prepare pamphlets in simple language and in readable format describing the eminent domain laws of this state, including the reasons for condemnation, the procedures followed by condemnors, how citizens may influence the condemnation process and the rights of property owners and citizens affected by condemnation. The department commission shall make copies of the pamphlets available to all condemnors, who may be charged a price for the pamphlets sufficient to recover the costs of production.

SB21,1092 Section 1092. 32.26 (7) of the statutes is amended to read:

SB21,540,4 32.26 (7) The department of administration public service commission shall provide technical assistance on relocation plan development and implementation to any condemnor carrying out a project which may result in the displacement of any person.

SB21,1093 Section 1093. 33.11 of the statutes is amended to read:

SB21,540,14 33.11 Goals. The primary goal of activity under this chapter shall be to improve or protect the quality of public inland lakes. In addition, compilation of basic scientific data on lakes of this state and assessment of experimental and innovative techniques of lake rehabilitation and protection shall be goals of the program. Districts may undertake protection and rehabilitation projects to achieve the purposes of such districts specified in s. 33.21. Projects may be undertaken in cooperation with the department, the University of Wisconsin System Authority, and other government agencies, and public and private organizations. Projects shall be divided into study, planning and implementation phases.

SB21,1094 Section 1094. 33.16 (8) of the statutes is amended to read:

SB21,540,18 33.16 (8) The department may evaluate or contract with the University of Wisconsin System Authority to evaluate projects receiving financial assistance under this section.

SB21,1095 Section 1095. 34.01 (1) of the statutes is amended to read:

SB21,541,4 34.01 (1) "Governing board" means the investment board in the case of the state, the housing and economic development authority Forward Wisconsin Development Authority if the authority elects to be bound by all or part of this chapter under s. 234.32 235.0289 (2), the county board or committee designated by the county board to designate public depositories in the case of a county, the city council in the case of a city, the village board in the case of a village, the town board in the case of a town, the school board in the case of a school district, the board of control in the case of a cooperative educational service agency, the clerk of court in the case of any court in this state, and any other commission, committee, board or officer of any governmental subdivision of the state not mentioned in this subsection.

SB21,1096 Section 1096. 34.01 (2) (a) of the statutes is amended to read:

SB21,541,25 34.01 (2) (a) Any loss of public moneys, which have been deposited in a designated public depository in accordance with this chapter, resulting from the failure of any public depository to repay to any public depositor the full amount of its deposit because the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards has taken possession of the public depository or because the public depository has, with the consent and approval of the office of credit unions, administrator of federal credit unions, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards, adopted a stabilization and readjustment plan or has sold a part or all of its assets to another credit union, bank, savings bank, or savings and loan association which has agreed to pay a part or all of the deposit liability on a deferred payment basis or because the depository is prevented from paying out old deposits because of rules of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards.

SB21,1097 Section 1097. 34.01 (4) of the statutes is amended to read:

SB21,542,9 34.01 (4) "Public depositor" means the state or any county, city, village, town, drainage district, power district, school district, cooperative educational service agency, sewer district, or any commission, committee, board or officer of any governmental subdivision of the state or any court of this state, a corporation organized under s. 39.33 or the housing and economic development authority Forward Wisconsin Development Authority if the authority elects to be bound by all or part of this chapter under s. 234.32 235.0289 (2), which deposits any moneys in a public depository.

SB21,1098 Section 1098. 34.03 (3) of the statutes is amended to read:

SB21,542,13 34.03 (3) Take such action as the division department deems necessary or appropriate for the protection, collection, compromise or settlement of any claim against or in favor of the appropriation under s. 20.144 (1) 20.142 (2) (a).

SB21,1099 Section 1099. 34.03 (4) of the statutes is amended to read:

SB21,542,17 34.03 (4) Exercise all powers reasonably necessary and proper to the full and complete performance of the division's department's functions under this chapter, including but not limited to ordinary powers granted corporations.

SB21,1100 Section 1100. 34.08 of the statutes is amended to read:

SB21,542,21 34.08 Payment of losses. (1) Except as provided in sub. (2), the appropriation in s. 20.144 (1) 20.142 (2) (a) shall be used to repay public depositors for losses until the appropriation is exhausted.

SB21,543,7 (2) Payments under sub. (1) shall be made in the order in which satisfactory proofs of loss are received by the division of banking department of financial institutions and professional standards. The payment made to any public depositor for all losses of the public depositor in any individual public depository may not exceed $400,000 above the amount of deposit insurance provided by an agency of the United States at the public depository that experienced the loss. Upon a satisfactory proof of loss, the division of banking department of financial institutions and professional standards shall direct the department of administration to draw its warrant payable from the appropriation under s. 20.144 (1) 20.142 (2) (a) and the secretary of administration shall pay the warrant under s. 16.401 (4) in favor of the public depositor that has submitted the proof of loss.

SB21,543,15 (3) Losses become fixed as of the date of loss. A public depositor experiencing a loss shall, within 60 days of the loss, assign its interest in the deposit, to the extent of the amount paid under this section, to the division of banking department of financial institutions and professional standards. Upon failure to make the assignment, the public depositor shall forfeit its right to payment under this section. Any recovery made by the division of banking department of financial institutions and professional standards under the assignment shall be repaid to the appropriation under s. 20.144 (1) 20.142 (2) (a).

SB21,1101 Section 1101. 34.10 of the statutes is amended to read:

SB21,544,22 34.10 Reorganization and stabilization of financial institutions. Whenever the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards has taken charge of a credit union, bank, savings bank, or savings and loan association with a view of restoring its solvency, pursuant to law, or with a view of stabilizing and readjusting the structure of any national or state credit union, bank, savings bank, or savings and loan association located in this state, and has approved a reorganization plan or a stabilization and readjustment agreement entered into between the credit union, bank, savings bank, or savings and loan association and depositors and unsecured creditors, or when a credit union, bank, savings bank, or savings and loan association, with the approval of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, or division of banking department of financial institutions and professional standards proposes to sell its assets to another credit union, bank, savings bank, or savings and loan association which agrees to assume a part or all of the deposit liability of such selling credit union, bank, savings bank, or savings and loan association and to pay the same on a deferred payment basis, the governing board of the public depositor may, on the approval of the division of banking department of financial institutions and professional standards, join in the execution of any reorganization plan, or any stabilization and readjustment agreement, or any depositor's agreement relative to a proposed sale of assets if, in its judgment and that of the division of banking department of financial institutions and professional standards, the reorganization plan or stabilization and readjustment agreement or proposed sale of assets is in the best interest of all persons concerned. The joining in any reorganization plan, or any stabilization and readjustment agreement, or any proposed sale of assets which meets the approval of the division of banking department of financial institutions and professional standards does not waive any rights under this chapter.

SB21,1102 Section 1102. 35.001 (4) of the statutes is amended to read:

SB21,544,25 35.001 (4) "State agencies" include departments, boards, commissions, bureaus, and institutions and the University of Wisconsin System.

SB21,1103 Section 1103. 35.01 (3) of the statutes is amended to read:

SB21,545,5 35.01 (3) Class 3 — All book printing required for state agencies, not otherwise classified, except university press publications and technical or semitechnical journals of the University of Wisconsin System, the Wisconsin Magazine of History, and books of the historical society.

SB21,1104 Section 1104. 35.015 (1) of the statutes is repealed.

SB21,1105 Section 1105. 35.83 (3) (intro.) of the statutes is amended to read:

SB21,545,11 35.83 (3) (intro.) Except as provided in sub. (4m) and s. 35.835 (1) and (3), each state agency shall deliver, at the expense of the state agency, sufficient copies of each state document published by the state agency to the division for distribution to the following places in the quantities indicated:

SB21,1106 Section 1106. 35.835 (1) of the statutes is repealed.

SB21,1107 Section 1107. 35.835 (2) of the statutes is repealed.

SB21,1108 Section 1108. 35.93 (1) (a) of the statutes is amended to read:

SB21,545,16 35.93 (1) (a) "Agency" has the meaning given in s. 227.01 (1) and includes the Board of Regents of the University of Wisconsin System Authority.

SB21,1109 Section 1109. Chapter 36 (title) of the statutes is amended to read:

SB21,545,18 University of Wisconsin