AB150-engrossed,607,221
30.94
(6m) State aid. Notwithstanding s. 30.92 (4) (a), the department shall
22provide in each fiscal year funds from the appropriation under s. 20.370
(4) (dq) (5)
23(hu) to the commission for the management, operation, restoration and repair of the
24Fox river navigational system if Brown county, Calumet county, Fond du Lac county,
1Outagamie county and Winnebago county contribute matching funds for the
2management and operation of the Fox river navigational system.
AB150-engrossed, s. 1698
3Section
1698. 30.95 (title) of the statutes is renumbered 31.309 (title) and
4amended to read:
AB150-engrossed,607,5
531.309 (title)
Portage levee system.
AB150-engrossed,607,138
31.309
(1) (a) The department shall provide a grant
of $600,000 in fiscal year
91993-94 and of $600,000 in fiscal year 1994-95 in the 1995-97 fiscal biennium from
10the appropriation under s. 20.370
(4) (bu) (5) (cq) to the city of Portage
for the amount
11necessary for the renovation and repair of the
city of Portage levee
in the Portage
12levee system. The grant under this
section paragraph may not exceed
$1,200,000
13$800,000 in fiscal year 1995-96 and $800,000 in fiscal year 1996-97.
AB150-engrossed,607,1916
31.307
(4) For purposes of s. 30.92 (4) (b) 6., moneys expended from the
17appropriation under s. 20.370
(4) (bu) (5) (cq) for the study under sub. (1) shall be
18considered as amounts expended for projects considered necessary without regard
19to location.
AB150-engrossed,607,2121
31.309
(1) (title)
City of Portage levee.
AB150-engrossed,608,223
31.309
(1) (b) When the department determines that the renovation and repair
24described under par. (a) are complete, the city of Portage shall assume the
1maintenance of the city of Portage levee in the Portage levee system in a manner that
2will best protect the surrounding area from the overflow of the Wisconsin River.
AB150-engrossed,608,44
31.309
(2) (title)
Lewiston and Caledonia levees.
AB150-engrossed,608,96
31.309
(2) (b) The department may expend in fiscal year 1995-96, from the
7appropriation under s. 20.370 (5) (cq), up to $400,000 for a study concerning the
8future of strengthening and maintaining the Lewiston and Caledonia levees in the
9Portage levee system. The study shall include a management plan for these 2 levees.
AB150-engrossed,608,1512
31.309
(2) (a) The department shall
construct, strengthen and maintain the
13Lewiston and Caledonia levees in the Portage levee
system in
such a manner
as that 14will best protect the
vicinity surrounding area from the overflow of the Wisconsin
15river.
AB150-engrossed,608,17
1731.39 (title)
Fee Fees for permits and, approvals and hearings.
AB150-engrossed,608,2219
31.39
(1) (title)
Fees required. The department shall charge a permit or
20approval fee for carrying out its duties and responsibilities under ss. 31.02 to 31.185
21and 31.33 to 31.38. The permit or approval fee shall accompany the permit
22application or request for approval
and shall be refunded if the permit is not granted.
AB150-engrossed,609,324
31.39
(2) Amount of fees. (a) For fees charged for permits and approvals under
25ss. 31.02 to 31.185 and 31.33 to 31.38, the department shall classify the types of
1permits and approvals based on the estimated time spent by the department in
2reviewing, investigating and making determinations whether to grant the permits
3or approvals. The department shall then set the fees as follows:
AB150-engrossed,609,54
1. For a permit or approval with an estimated time of less than 3 hours, the fee
5shall be $30.
AB150-engrossed,609,76
2. For a permit or approval with an estimated time of more than 3 hours but
7less than 9 hours, the fee shall be $100.
AB150-engrossed,609,98
3. For a permit or approval with an estimated time of more than 9 hours, the
9fee shall be $300.
AB150-engrossed,609,1210
(b) For conducting a hearing on an application for which notice is provided
11under s. 31.06 (1), the person requesting the hearing for the permit or approval shall
12pay a fee of $25.
AB150-engrossed,609,1814
31.39
(2m) Adjustments in fees. (a) The department shall refund a permit or
15approval fee if the applicant requests a refund before the department determines
16that the application for the permit or approval is complete. The department may not
17refund a permit or approval fee after the department determines that the application
18is complete.
AB150-engrossed,609,2119
(b) If the applicant applies for a permit or requests an approval after the project
20is begun or after it is completed, the department shall charge an amount equal to
21twice the amount of the fee that it would have charged under this section.
AB150-engrossed,609,2422
(c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or 144.0252 is
23applicable to a project, the department shall charge only the highest fee of those that
24are applicable.
AB150-engrossed,609,2525
(d) The department, by rule, may increase any fee specified in sub. (2).
AB150-engrossed,610,62
31.39
(3) (title)
Exemptions. This section does not apply to any federal agency
, 3or state agency
, county, city, village, town, county utility district, town sanitary
4district, public inland lake protection and rehabilitation district, metropolitan
5sewerage district, the Dane county lakes and watershed commission or any federally
6recognized Native American tribal governing body.
AB150-engrossed,610,88
32.05
(8) (a) In this subsection:
AB150-engrossed,610,99
1. "Comparable replacement business" has the meaning given in s. 32.19 (2) (c).
AB150-engrossed,610,1010
2. "Condemnor" has the meaning given in s. 32.185.
AB150-engrossed,610,2112
32.05
(8) (c) The condemnor may not require the persons who occupied the
13premises on the date that title vested in the condemnor to vacate until a comparable
14replacement property is made available
, except that whenever a business is
15condemned for transportation purposes, the condemnor may require the persons
16who occupied the business on the date that title vested in the condemnor to vacate
17without providing a comparable replacement business. This paragraph does not
18apply to any person who waives his or her right to receive relocation benefits or
19services under s. 32.197 or who is not a displaced person, as defined under s. 32.19
20(2) (e), unless the acquired property is part of a program or project receiving federal
21financial assistance.
AB150-engrossed,611,723
32.19
(2) (b) "Comparable dwelling" means one which, when compared with the
24dwelling being taken, is substantially equal concerning all major characteristics and
25functionally equivalent with respect to: the number and size of rooms and closets,
1area of living space, type of construction, age, state of repair, size and utility of any
2garage or other outbuilding, type of neighborhood and accessibility to public services
3and places of employment. "Comparable dwelling" shall meet all of the standard
4building requirements and other code requirements of the local governmental body
5and shall also be decent, safe and sanitary and within the financial means of the
6displaced person, as defined by the department of
industry, labor and human
7relations development.
AB150-engrossed,611,129
32.19
(2) (e) 1. b. As a result of rehabilitation, demolition or other displacing
10activity, as determined by the department of
industry, labor and human relations 11development, if the person is a tenant-occupant of a dwelling, business or farm
12operation and the displacement is permanent.
AB150-engrossed,611,1814
32.19
(3) (b) 1. Dwellings. Any displaced person who moves from a dwelling
15and who elects to accept the payments authorized by this paragraph in lieu of the
16payments authorized by par. (a) may receive an expense and dislocation allowance,
17determined according to a schedule established by the department of
industry, labor
18and human relations development.
AB150-engrossed,612,420
32.19
(3) (b) 2. Business and farm operations. Any displaced person who moves
21or discontinues his or her business or farm operation, is eligible under criteria
22established by the department of
industry, labor and human relations development 23by rule and elects to accept payment authorized under this paragraph in lieu of the
24payment authorized under par. (a), may receive a fixed payment in an amount
25determined according to criteria established by the department of
industry, labor
1and human relations development by rule, except that such payment shall not be less
2than $1,000 nor more than $20,000. A person whose sole business at the
3displacement dwelling is the rental of such property to others is not eligible for a
4payment under this subdivision.
AB150-engrossed,612,146
32.19
(3) (c)
Optional payment for businesses. Any displaced person who moves
7his or her business, and elects to accept the payment authorized in par. (a), may, if
8otherwise qualified under par. (b) 2., elect to receive the payment authorized under
9par. (b) 2., minus whatever payment the displaced person received under par. (a), if
10the displaced person discontinues the business within 2 years of the date of receipt
11of payment under par. (a), provided that the displaced person meets eligibility
12criteria established by the department of
industry, labor and human relations 13development by rule. In no event may the total combined payment be less than
14$1,000 nor more than $20,000.
AB150-engrossed,612,2416
32.19
(4) (a) 2. The amount of increased interest expenses and other debt
17service costs incurred by the owner to finance the purchase of another property
18substantially similar to the property taken, if at the time of the taking the land
19acquired was subject to a bona fide mortgage or was held under a vendee's interest
20in a bona fide land contract, and such mortgage or land contract had been executed
21in good faith not less than 180 days prior to the initiation of negotiations for the
22acquisition of such property. The computation of the increased interest costs shall
23be determined according to rules promulgated by the department of
industry, labor
24and human relations development.
AB150-engrossed,613,10
132.19
(4) (b)
Tenants and certain others. (intro.) In addition to amounts
2otherwise authorized by this subchapter, the condemnor shall make a payment to
3any individual or family displaced from any dwelling which was actually and
4lawfully occupied by such individual or family for not less than 90 days prior to the
5initiation of negotiations for the acquisition of such property or, if displacement is not
6a direct result of acquisition, such other event as determined by the department of
7industry, labor and human relations development by rule. For purposes of this
8paragraph, a nonprofit corporation organized under ch. 181 may, if otherwise
9eligible, be considered a displaced tenant. Subject to the limitations under par. (bm),
10such payment shall be either:
AB150-engrossed,613,1912
32.19
(4m) (a) 2. The amount, if any, which will compensate such owner
13displaced person for any increased interest and other debt service costs which such
14person is required to pay for financing the acquisition of any replacement property,
15if the property acquired was encumbered by a bona fide mortgage or land contract
16which was a valid lien on the property for at least one year prior to the initiation of
17negotiations for its acquisition. The amount under this subdivision shall be
18determined according to rules promulgated by the department of
industry, labor and
19human relations development.
AB150-engrossed,614,621
32.19
(4m) (b)
Tenant-occupied business or farm operation. (intro.) In addition
22to amounts otherwise authorized by this subchapter, the condemnor shall make a
23payment to any tenant displaced person who has owned and occupied the business
24operation, or owned the farm operation, for not less than one year prior to initiation
25of negotiations for the acquisition of the real property on which the business or farm
1operation lies or, if displacement is not a direct result of acquisition, such other event
2as determined by the department of
industry, labor and human relations 3development, and who actually rents or purchases a comparable replacement
4business or farm operation for the displaced business or farm operation within 2
5years after the date the person vacates the acquired property. At the option of the
6tenant displaced person, such payment shall be either:
AB150-engrossed,614,158
32.19
(4m) (b) 1. The amount, not to exceed $30,000, which is necessary to lease
9or rent a comparable replacement business or farm operation for a period of 4 years.
10The payment shall be computed by determining the average monthly rent paid for
11the property from which the person was displaced for the 12 months prior to the
12initiation of negotiations or, if displacement is not a direct result of acquisition, such
13other event as determined by the department of
industry, labor and human relations 14development and the monthly rent of a comparable replacement business or farm
15operation, and multiplying the difference by 48; or
AB150-engrossed,615,3
1732.197 Waiver of relocation assistance. An owner-occupant of property
18being acquired may waive his or her right to receive any relocation payments or
19services under this subchapter if the property being acquired is not contiguous to any
20property which may be acquired by the condemnor and is not part of a previously
21identified or proposed project where it is reasonable to conclude that acquisition by
22the condemnor may occur in the foreseeable future. Prior to the execution of any
23waiver under this section, the condemnor shall provide to the owner-occupant, in
24writing, full information about the specific payments and services being waived by
25the owner-occupant. The department of
industry, labor and human relations
1development shall by rule establish procedures for relocation assistance waivers
2under this section to ensure that the waivers are voluntarily and knowledgeably
3executed.
AB150-engrossed,615,21
532.20 Procedure for collection of itemized items of compensation. 6Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the
7condemnor carrying on the project through which condemnee's or claimant's claims
8arise. All such claims must be filed after the damages upon which they are based
9have fully materialized but not later than 2 years after the condemnor takes physical
10possession of the entire property acquired or such other event as determined by the
11department of
industry, labor and human relations
development by rule. If such
12claim is not allowed within 90 days after the filing thereof, the claimant has a right
13of action against the condemnor carrying on the project through which the claim
14arises. Such action shall be commenced in a court of record in the county wherein
15the damages occurred. In causes of action, involving any state commission, board or
16other agency, excluding counties, the sum recovered by the claimant shall be paid out
17of any funds appropriated to such condemning agency. Any judgment shall be
18appealable by either party and any amount recovered by the body against which the
19claim was filed, arising from costs, counterclaims, punitive damages or otherwise
20may be used as an offset to any amount owed by it to the claimant, or may be collected
21in the same manner and form as any other judgment.
AB150-engrossed,616,323
32.25
(1) Except as provided under sub. (3) and s. 85.09 (4m), no condemnor
24may proceed with any activity that may involve the displacement of persons,
25business concerns or farm operations until the condemnor has filed in writing a
1relocation payment plan and relocation assistance service plan and has had both
2plans approved in writing by the department of
industry, labor and human relations 3development.
AB150-engrossed,616,95
32.25
(2) (b) Assist owners of displaced business concerns
and farm operations 6in obtaining and becoming established in suitable
replacement business locations
or
7replacement farms, except that whenever a condemnor intends to condemn a
8business for transportation purposes, the condemnor is not required to identify
9specific locations in the plan.
AB150-engrossed,616,1311
32.25
(2) (c) Assist displaced owners or renters in the location of comparable
12dwellings
and assist persons displaced from farm operations in the location of
13comparable replacement farm operations.
AB150-engrossed,616,2315
32.25
(2) (h) Assure that, within a reasonable time prior to displacement, there
16will be available, to the extent that may reasonably be accomplished, housing
17meeting the standards established by the department of
industry, labor and human
18relations development for decent, safe and sanitary dwellings. The housing, so far
19as practicable, shall be in areas not generally less desirable in regard to public
20utilities, public and commercial facilities and at rents or prices within the financial
21means of the families and individuals displaced and equal in number to the number
22of such displaced families or individuals and reasonably accessible to their places of
23employment.
AB150-engrossed,617,2
132.26 (title)
Authority of the department of industry, labor and human
2relations development.
AB150-engrossed,617,64
32.26
(1) In addition to all other powers granted in this subchapter, the
5department of
industry, labor and human relations
development shall formulate
6local standards for decent, safe and sanitary dwelling accommodations.
AB150-engrossed,617,98
32.26
(2) (a) The department of
industry, labor and human relations 9development shall promulgate rules to implement and administer ss. 32.19 to 32.27.
AB150-engrossed,617,1511
32.26
(2) (b) The department of
industry, labor and human relations 12development and the department of transportation shall establish
13interdepartmental liaison procedures for the purpose of cooperating and exchanging
14information to assist the department of
industry, labor and human relations 15development in promulgating rules under par. (a).
AB150-engrossed,617,2217
32.26
(3) The department of
industry, labor and human relations development 18may make investigations to determine if the condemnor is complying with ss. 32.19
19to 32.27. The department may seek an order from the circuit court requiring a
20condemnor to comply with ss. 32.19 to 32.27 or to discontinue work on that part of
21the project which is not in substantial compliance with ss. 32.19 to 32.27. The court
22shall give hearings on these actions precedence on the court's calendar.
AB150-engrossed,618,224
32.26
(4) Upon the request of the department of
industry, labor and human
25relations development, the attorney general shall aid and prosecute all necessary
1actions or proceedings for the enforcement of this subchapter and for the punishment
2of all violations of this subchapter.
AB150-engrossed,618,164
32.26
(5) Any displaced person may, prior to commencing court action against
5the condemnor under s. 32.20, petition the department of
industry, labor and human
6relations development for review of his or her complaint, setting forth in the petition
7the reasons for his or her dissatisfaction. The department may conduct an informal
8review of the situation and attempt to negotiate an acceptable solution. If an
9acceptable solution cannot be negotiated within 90 days, the department shall notify
10all parties, and the petitioner may then proceed under s. 32.20. The informal review
11procedure provided by this subsection is not a condition precedent to the filing of a
12claim and commencement of legal action pursuant to s. 32.20. In supplying
13information required by s. 32.25 (2) (d), the condemnor shall clearly indicate to each
14displaced person his or her right to proceed under this paragraph and under s. 32.20,
15and shall supply full information on how the displaced person may contact the
16department of
industry, labor and human relations
development.