30.92 (4) (a) The department shall develop and administer, with the approval of the commission, a financial assistance program for governmental units, including itself, and qualified lake associations for the construction and maintenance rehabilitation of capital improvements related to recreational boating facilities, for the maintenance and operation improvement of locks and facilities which provide access between waterways and for the projects specified in par. (b) 8. No financial assistance under this section may be provided to the Fox river management commission for feasibility studies of construction projects or for construction projects. No financial assistance under this section may be provided to the department other than for projects for access to inland lakes without a public access facility.
SECTION 1694. 30.92 (4) (b) 2. of the statutes is amended to read:
30.92 (4) (b) 2. The department may cost-share, with the approval of the commission, with a qualified lake association or an affected governmental unit, including itself, at a rate of up to 50% of any construction, management, operation, acquisition, maintenance rehabilitation, feasibility study or other project costs or any combination of these costs, for the recreational boating project if the costs are the type that qualify for funding under this section. The department may pay, with the approval of the commission, an additional 10% of the costs of a construction project if a the municipality conducts a boating safety enforcement and education program approved by the department.
SECTION 1695. 30.92 (4) (b) 7. of the statutes is amended to read:
30.92 (4) (b) 7. Projects qualifying for funds available for recreational boating aids under this section include, but are not limited to, construction, rehabilitation and improvement of harbors of refuge on the Great Lakes; accommodation of motor-powered recreational watercraft; construction, rehabilitation and improvement of public access and related facilities on inland waters where motor-powered recreational watercraft are permitted; and management, maintenance and operation improvement of locks and facilities that provide access between waterways for the operators of recreational watercraft.
SECTION 1697. 30.94 (6m) of the statutes is amended to read:
30.94 (6m) STATE AID. Notwithstanding s. 30.92 (4) (a), the department shall provide in each fiscal year funds from the appropriation under s. 20.370 (4) (dq) (5) (hu) to the commission for the management, operation, restoration and repair of the Fox river navigational system if Brown county, Calumet county, Fond du Lac county, Outagamie county and Winnebago county contribute matching funds for the management and operation of the Fox river navigational system.
SECTION 1698. 30.95 (title) of the statutes is renumbered 31.309 (title) and amended to read:
31.309 (title) Portage levee system.
SECTION 1699. 30.95 (1) of the statutes is renumbered 31.309 (1) (a) and amended to read:
31.309 (1) (a) The department shall provide a grant of $600,000 in fiscal year 1993-94 and of $600,000 in fiscal year 1994-95 in the 1995-97 fiscal biennium from the appropriation under s. 20.370 (4) (bu) (5) (cq) to the city of Portage for the amount necessary for the renovation and repair of the city of Portage levee in the Portage levee system. The grant under this section paragraph may not exceed $1,200,000 $800,000 in fiscal year 1995-96 and $800,000 in fiscal year 1996-97.
SECTION 1700. 30.95 (2) of the statutes is repealed.
SECTION 1701. 31.307 (4) of the statutes is amended to read:
31.307 (4) For purposes of s. 30.92 (4) (b) 6., moneys expended from the appropriation under s. 20.370 (4) (bu) (5) (cq) for the study under sub. (1) shall be considered as amounts expended for projects considered necessary without regard to location.
SECTION 1702. 31.309 (1) (title) of the statutes is created to read:
31.309 (1) (title) CITY OF PORTAGE LEVEE.
SECTION 1703. 31.309 (1) (b) of the statutes is created to read:
31.309 (1) (b) When the department determines that the renovation and repair described under par. (a) are complete, the city of Portage shall assume the maintenance of the city of Portage levee in the Portage levee system in a manner that will best protect the surrounding area from the overflow of the Wisconsin River.
SECTION 1704. 31.309 (2) (title) of the statutes is created to read:
31.309 (2) (title) LEWISTON AND CALEDONIA LEVEES.
SECTION 1705. 31.309 (2) (b) of the statutes is created to read:
31.309 (2) (b) The department may expend in fiscal year 1995-96, from the appropriation under s. 20.370 (5) (cq), up to $400,000 for a study concerning the future of strengthening and maintaining the Lewiston and Caledonia levees in the Portage levee system. The study shall include a management plan for these 2 levees.
SECTION 1706. 31.36 (4) of the statutes is renumbered 31.309 (2) (a) and amended to read:
31.309 (2) (a) The department shall construct, strengthen and maintain the Lewiston and Caledonia levees in the Portage levee system in such a manner as that will best protect the vicinity surrounding area from the overflow of the Wisconsin river.
SECTION 1707. 31.39 (title) of the statutes is amended to read:
31.39 (title) Fee Fees for permits and, approvals and hearings.
SECTION 1708. 31.39 (1) of the statutes is amended to read:
31.39 (1) (title) FEES REQUIRED. The department shall charge a permit or approval fee for carrying out its duties and responsibilities under ss. 31.02 to 31.185 and 31.33 to 31.38. The permit or approval fee shall accompany the permit application or request for approval and shall be refunded if the permit is not granted.
SECTION 1709. 31.39 (2) of the statutes is repealed and recreated to read:
31.39 (2) AMOUNT OF FEES. (a) For fees charged for permits and approvals under ss. 31.02 to 31.185 and 31.33 to 31.38, the department shall classify the types of permits and approvals based on the estimated time spent by the department in reviewing, investigating and making determinations whether to grant the permits or approvals. The department shall then set the fees as follows:
1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.
2. For a permit or approval with an estimated time of more than 3 hours but less than 9 hours, the fee shall be $100.
3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.
(b) For conducting a hearing on an application for which notice is provided under s. 31.06 (1), the person requesting the hearing for the permit or approval shall pay a fee of $25.
SECTION 1710. 31.39 (2m) of the statutes is created to read:
31.39 (2m) ADJUSTMENTS IN FEES. (a) The department shall refund a permit or approval fee if the applicant requests a refund before the department determines that the application for the permit or approval is complete. The department may not refund a permit or approval fee after the department determines that the application is complete.
(b) If the applicant applies for a permit or requests an approval after the project is begun or after it is completed, the department shall charge an amount equal to twice the amount of the fee that it would have charged under this section.
(c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 144.0252 is applicable to a project, the department shall charge only the highest fee of those that are applicable.
(d) The department, by rule, may increase any fee specified in sub. (2).
SECTION 1711. 31.39 (3) of the statutes is amended to read:
31.39 (3) (title) EXEMPTIONS. This section does not apply to any federal agency, or state agency, county, city, village, town, county utility district, town sanitary district, public inland lake protection and rehabilitation district, metropolitan sewerage district, the Dane county lakes and watershed commission or any federally recognized Native American tribal governing body.
SECTION 1712c. 32.05 (8) (a) of the statutes is repealed and recreated to read:
32.05 (8) (a) In this subsection:
1. "Comparable replacement business" has the meaning given in s. 32.19 (2) (c).
2. "Condemnor" has the meaning given in s. 32.185.
SECTION 1712e. 32.05 (8) (c) of the statutes is amended to read:
32.05 (8) (c) The condemnor may not require the persons who occupied the premises on the date that title vested in the condemnor to vacate until a comparable replacement property is made available, except that whenever a business is condemned for transportation purposes, the condemnor may require the persons who occupied the business on the date that title vested in the condemnor to vacate without providing a comparable replacement business. This paragraph does not apply to any person who waives his or her right to receive relocation benefits or services under s. 32.197 or who is not a displaced person, as defined under s. 32.19 (2) (e), unless the acquired property is part of a program or project receiving federal financial assistance.
SECTION 1713. 32.19 (2) (b) of the statutes is amended to read:
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 industry, labor and human relations development.
SECTION 1714. 32.19 (2) (e) 1. b. of the statutes is amended to read:
32.19 (2) (e) 1. b. As a result of rehabilitation, demolition or other displacing activity, as determined by the department of industry, labor and human relations development, if the person is a tenant-occupant of a dwelling, business or farm operation and the displacement is permanent.
SECTION 1715. 32.19 (3) (b) 1. of the statutes is amended to read:
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 industry, labor and human relations development.
SECTION 1716. 32.19 (3) (b) 2. of the statutes is amended to read:
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 industry, labor and human relations development 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 industry, labor and human relations development 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.
SECTION 1717. 32.19 (3) (c) of the statutes is amended to read:
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 industry, labor and human relations development by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.
SECTION 1718. 32.19 (4) (a) 2. of the statutes is amended to read:
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 industry, labor and human relations development.
SECTION 1719. 32.19 (4) (b) (intro.) of the statutes is amended to read:
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 industry, labor and human relations development by rule. For purposes of this paragraph, a nonprofit corporation organized under ch. 181 may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under par. (bm), such payment shall be either:
SECTION 1720. 32.19 (4m) (a) 2. of the statutes is amended to read:
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 industry, labor and human relations development.
SECTION 1721. 32.19 (4m) (b) (intro.) of the statutes is amended to read:
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 industry, labor and human relations development, 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:
SECTION 1722. 32.19 (4m) (b) 1. of the statutes is amended to read:
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 industry, labor and human relations development and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or
SECTION 1723. 32.197 of the statutes is amended to read:
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 industry, labor and human relations development shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed.
SECTION 1724. 32.20 of the statutes is amended to read:
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 industry, labor and human relations development 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.
SECTION 1725. 32.25 (1) of the statutes is amended to read:
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 industry, labor and human relations development.
SECTION 1725i. 32.25 (2) (b) of the statutes is amended to read:
32.25 (2) (b) Assist owners of displaced business concerns and farm operations in obtaining and becoming established in suitable replacement business locations or replacement farms, except that whenever a condemnor intends to condemn a business for transportation purposes, the condemnor is not required to identify specific locations in the plan.
SECTION 1725j. 32.25 (2) (c) of the statutes is amended to read:
32.25 (2) (c) Assist displaced owners or renters in the location of comparable dwellings and assist persons displaced from farm operations in the location of comparable replacement farm operations.
SECTION 1726. 32.25 (2) (h) of the statutes is amended to read:
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 industry, labor and human relations development 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.
SECTION 1727. 32.26 (title) of the statutes is amended to read:
32.26 (title) Authority of the department of industry, labor and human relations development.
SECTION 1728. 32.26 (1) of the statutes is amended to read:
32.26 (1) In addition to all other powers granted in this subchapter, the department of industry, labor and human relations development shall formulate local standards for decent, safe and sanitary dwelling accommodations.
SECTION 1729. 32.26 (2) (a) of the statutes is amended to read:
32.26 (2) (a) The department of industry, labor and human relations development shall promulgate rules to implement and administer ss. 32.19 to 32.27.
SECTION 1730. 32.26 (2) (b) of the statutes is amended to read:
32.26 (2) (b) The department of industry, labor and human relations development and the department of transportation shall establish interdepartmental liaison procedures for the purpose of cooperating and exchanging information to assist the department of industry, labor and human relations development in promulgating rules under par. (a).
SECTION 1731. 32.26 (3) of the statutes is amended to read:
32.26 (3) The department of industry, labor and human relations development may make investigations to determine if the condemnor is complying with ss. 32.19 to 32.27. The department 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.
