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.
AB150-engrossed,618,2518
32.26
(6) The department of
industry, labor and human relations development,
19with the cooperation of the attorney general, shall prepare pamphlets in simple
20language and in readable format describing the eminent domain laws of this state,
21including the reasons for condemnation, the procedures followed by condemnors,
22how citizens may influence the condemnation process and the rights of property
23owners and citizens affected by condemnation. The department shall make copies
24of the pamphlets available to all condemnors, who may be charged a price for the
25pamphlets sufficient to recover the costs of production.
AB150-engrossed,619,52
32.26
(7) The department of
industry, labor and human relations development 3shall provide technical assistance on relocation plan development and
4implementation to any condemnor carrying out a project which may result in the
5displacement of any person.
AB150-engrossed,620,27
34.01
(2) (a) Any loss of public moneys, which have been deposited in a
8designated public depository in accordance with this chapter, resulting from the
9failure of any public depository to repay to any public depositor the full amount of
10its deposit because the
commissioner office of credit unions, administrator of federal
11credit unions,
commissioner of banking, U.S. comptroller of the currency, federal
12home loan bank board, U.S. office of thrift supervision, federal deposit insurance
13corporation, resolution trust corporation
, division of banking or
commissioner 14division of savings and loan has taken possession of the public depository or because
15the public depository has, with the consent and approval of the
commissioner office 16of credit unions, administrator of federal credit unions,
commissioner of banking, 17U.S. office of thrift supervision, federal deposit insurance corporation, resolution
18trust corporation
, division of banking or
commissioner division of savings and loan,
19adopted a stabilization and readjustment plan or has sold a part or all of its assets
20to another credit union, bank, savings bank or savings and loan association which
21has agreed to pay a part or all of the deposit liability on a deferred payment basis or
22because the depository is prevented from paying out old deposits because of rules of
23the
commissioner office of credit unions, administrator of federal credit unions,
24commissioner of banking, U.S. comptroller of the currency, federal home loan bank
25board, U.S. office of thrift supervision, federal deposit insurance corporation,
1resolution trust corporation
, division of banking or
commissioner division of savings
2and loan.
AB150-engrossed,620,5
434.03 (title)
Powers of the commissioner division of banking. (intro.)
5The
commissioner division of banking may do any of the following:
AB150-engrossed,620,127
34.03
(2) Require any public depository or the trustees of segregated trusts
8created by banks for the benefit of public depositors to furnish information upon
9request. Any public depository which refuses or neglects to give any information so
10requested shall be excluded from the right to receive public deposits. Information
11obtained under this subsection may not be disclosed by the
commissioner division of
12banking unless disclosed as provided in s. 220.06.
AB150-engrossed,620,1614
34.03
(3) Take such action as
he or she the division deems necessary or
15appropriate for the protection, collection, compromise or settlement of any claim
16against or in favor of the appropriation under s.
20.124 20.144 (1) (a).
AB150-engrossed,620,2018
34.03
(4) Exercise all powers reasonably necessary and proper to the full and
19complete performance of
his or her the division's functions under this chapter,
20including but not limited to ordinary powers granted corporations.
AB150-engrossed,620,2422
34.08
(1) Except as provided in sub. (2), the appropriation in s.
20.124 20.144 23(1) (a) shall be used to repay public depositors for losses until the appropriation is
24exhausted.
AB150-engrossed,621,11
134.08
(2) Payments under sub. (1) shall be made in the order in which
2satisfactory proofs of loss are received by the
commissioner division of banking. The
3payment made to any public depositor for all losses of the public depositor in any
4individual public depository may not exceed $400,000 above the amount of deposit
5insurance provided by an agency of the United States or by the Wisconsin credit
6union savings insurance corporation at the public depository which experienced the
7loss. Upon a satisfactory proof of loss, the
commissioner division of banking shall
8direct the department of administration to draw its warrant payable from the
9appropriation under s.
20.124 20.144 (1) (a) and the state treasurer shall pay the
10warrant under s. 14.58 (4) in favor of the public depositor that has submitted the
11proof of loss.
AB150-engrossed,621,1913
34.08
(3) Losses become fixed as of the date of loss. A public depositor
14experiencing a loss shall, within 60 days of the loss, assign its interest in the deposit,
15to the extent of the amount paid under this section, to the
commissioner division of
16banking. Upon failure to make the assignment, the public depositor shall forfeit its
17right to payment under this section. Any recovery made by the
commissioner 18division of banking under the assignment shall be repaid to the appropriation under
19s.
20.124 20.144 (1) (a).
AB150-engrossed,622,7
2134.09 Financial institutions eligible as public depositories. Every
22federal or state credit union, state bank, federal or state savings and loan
23association, savings and trust company and federal or state savings bank and every
24national bank located in this state which complies in all respects as to public deposits
25with this chapter and will accept payments made by the state under s. 16.412 may
1be designated as a public depository and may receive and hold public deposits,
2subject to this chapter. The
commissioner division of banking shall have the same
3powers and duties with regard to making and continuing public deposits in national
4banks, federal and state credit unions, federal and state savings banks and federal
5and state savings and loan associations as the powers and duties exercised and
6performed by the
commissioner division of banking with regard to public deposits in
7state banks.
AB150-engrossed,623,12
934.10 Reorganization and stabilization of financial institutions. 10Whenever the
commissioner office of credit unions, administrator of federal credit
11unions,
commissioner of banking, U.S. comptroller of the currency, federal home loan
12bank board, U.S. office of thrift supervision, federal deposit insurance corporation,
13resolution trust corporation
, division of banking or
commissioner division of savings
14and loan has taken charge of a credit union, bank, savings bank or savings and loan
15association with a view of restoring its solvency, pursuant to law, or with a view of
16stabilizing and readjusting the structure of any national or state credit union, bank,
17savings bank or savings and loan association located in this state, and has approved
18a reorganization plan or a stabilization and readjustment agreement entered into
19between the credit union, bank, savings bank or savings and loan association and
20depositors and unsecured creditors, or when a credit union, bank, savings bank or
21savings and loan association, with the approval of the
commissioner office of credit
22unions, administrator of federal credit unions,
commissioner of banking, U.S.
23comptroller of the currency, federal home loan bank board, U.S. office of thrift
24supervision, federal deposit insurance corporation, resolution trust corporation
,
25division of banking or
commissioner division of savings and loan proposes to sell its
1assets to another credit union, bank, savings bank or savings and loan association
2which agrees to assume a part or all of the deposit liability of such selling credit
3union, bank, savings bank or savings and loan association and to pay the same on
4a deferred payment basis, the governing board of the public depositor may, on the
5approval of the
commissioner division of banking, join in the execution of any
6reorganization plan, or any stabilization and readjustment agreement, or any
7depositor's agreement relative to a proposed sale of assets if, in its judgment and that
8of the
commissioner division of banking, the reorganization plan or stabilization and
9readjustment agreement or proposed sale of assets is in the best interest of all
10persons concerned. The joining in any reorganization plan, or any stabilization and
11readjustment agreement, or any proposed sale of assets which meets the approval
12of the
commissioner division of banking does not waive any rights under this chapter.
AB150-engrossed,623,17
1434.11 Penalties. Any person who wilfully violates ss. 34.01 to 34.10, or any
15orders or rules promulgated by the
commissioner division of banking under said
16sections, shall for each such offense be fined not more than $500 or imprisoned not
17more than 6 months, or both.
AB150-engrossed,623,2219
35.03
(4) Direct the manner, form, style, quantity and method, when these are
20not expressly prescribed by law, of
public printing
for state agencies except printing
21of the first class; and provide editorial services to state agencies in the preparation
22of copy for the printer.
AB150-engrossed,624,724
35.24
(1) (a) The Blue Book shall contain the biographies and pictures of state
25officers, senators and representatives to the assembly and officers of each house,
1information pertaining to the organization of Wisconsin state government, and
2statistical and other information of the same general character as that heretofore
3published, but so selected and condensed as will limit the number of pages to 1,000
4or less. In making such selection the legislative reference bureau is directed to
5consult freely with the
state superintendent secretary of education and the director
6of the historical society, and insofar as possible, make the book useful for civics
7classes in schools.
AB150-engrossed,624,159
35.29
(1m) No state agency may distribute any materials printed under sub.
10(1) directly to any member of the legislature, except in the manner provided in this
11subsection. If a state agency wishes to make available any materials under sub. (1)
12to members of the legislature, the agency shall send a notice to all members briefly
13describing the materials. If a member notifies the state agency that the member
14wishes to receive a copy of specified materials, the agency may then distribute the
15materials to that member.
AB150-engrossed,624,1818
35.84 (figure) Column B Statutes, Soft Covers; s. 35.18
AB150-engrossed,624,1919
43. Public Defender Board
340 378
AB150-engrossed,624,2222
35.84 (figure) Column C Annotations; s. 35.23
AB150-engrossed,624,2323
43. Public Defender Board
41 44
AB150-engrossed,625,1
135.84 (figure) Column D Laws of Wisconsin; s. 35.15
AB150-engrossed,625,22
43. Public Defender Board
41 44
AB150-engrossed,625,55
35.84 (figure) Column J Opinions of Attorney General; s. 35.28; s. 165.015 (1)
AB150-engrossed,625,66
43. Public Defender Board
41 44
AB150-engrossed,625,99
35.84 (figure) Column K Supreme Court Reports; s. 35.28; s. 751.11
AB150-engrossed,625,1010
43. Public Defender Board
41 44