AB150: Bill Text Engrossed

AB150-engrossed,614,6 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:

AB150-engrossed, s. 1722 Section 1722. 32.19 (4m) (b) 1. of the statutes is amended to read:

AB150-engrossed,614,15 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

AB150-engrossed, s. 1723 Section 1723. 32.197 of the statutes is amended to read:

AB150-engrossed,615,3 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.

AB150-engrossed, s. 1724 Section 1724. 32.20 of the statutes is amended to read:

AB150-engrossed,615,21 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.

AB150-engrossed, s. 1725 Section 1725. 32.25 (1) of the statutes is amended to read:

AB150-engrossed,616,3 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.

AB150-engrossed, s. 1725i Section 1725i. 32.25 (2) (b) of the statutes is amended to read:

AB150-engrossed,616,9 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.

AB150-engrossed, s. 1725j Section 1725j. 32.25 (2) (c) of the statutes is amended to read:

AB150-engrossed,616,13 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.

AB150-engrossed, s. 1726 Section 1726. 32.25 (2) (h) of the statutes is amended to read:

AB150-engrossed,616,23 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.

AB150-engrossed, s. 1727 Section 1727. 32.26 (title) of the statutes is amended to read:

AB150-engrossed,617,2 32.26 (title) Authority of the department of industry, labor and human relations development.

AB150-engrossed, s. 1728 Section 1728. 32.26 (1) of the statutes is amended to read:

AB150-engrossed,617,6 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.

AB150-engrossed, s. 1729 Section 1729. 32.26 (2) (a) of the statutes is amended to read:

AB150-engrossed,617,9 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.

AB150-engrossed, s. 1730 Section 1730. 32.26 (2) (b) of the statutes is amended to read:

AB150-engrossed,617,15 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).

AB150-engrossed, s. 1731 Section 1731. 32.26 (3) of the statutes is amended to read:

AB150-engrossed,617,22 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.

AB150-engrossed, s. 1732 Section 1732. 32.26 (4) of the statutes is amended to read:

AB150-engrossed,618,2 32.26 (4) Upon the request of the department of industry, labor and human relations development, 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.

AB150-engrossed, s. 1733 Section 1733. 32.26 (5) of the statutes is amended to read:

AB150-engrossed,618,16 32.26 (5) Any displaced person may, prior to commencing court action against the condemnor under s. 32.20, petition the department of industry, labor and human relations development for review of his or her complaint, setting forth in the petition the reasons for his or her dissatisfaction. The department 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 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 industry, labor and human relations development.

AB150-engrossed, s. 1734 Section 1734. 32.26 (6) of the statutes is amended to read:

AB150-engrossed,618,25 32.26 (6) The department of industry, labor and human relations development, 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 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.

AB150-engrossed, s. 1735 Section 1735. 32.26 (7) of the statutes is amended to read:

AB150-engrossed,619,5 32.26 (7) The department of industry, labor and human relations development 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.

AB150-engrossed, s. 1736 Section 1736. 34.01 (2) (a) of the statutes is amended to read:

AB150-engrossed,620,2 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 commissioner office of credit unions, administrator of federal credit unions, commissioner of banking, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or commissioner division of savings and loan has taken possession of the public depository or because the public depository has, with the consent and approval of the commissioner office of credit unions, administrator of federal credit unions, commissioner of banking, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or commissioner division of savings and loan, 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 commissioner office of credit unions, administrator of federal credit unions, commissioner of banking, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or commissioner division of savings and loan.

AB150-engrossed, s. 1737 Section 1737. 34.03 (intro.) of the statutes is amended to read:

AB150-engrossed,620,5 34.03 (title) Powers of the commissioner division of banking. (intro.) The commissioner division of banking may do any of the following:

AB150-engrossed, s. 1738 Section 1738. 34.03 (2) of the statutes is amended to read:

AB150-engrossed,620,12 34.03 (2) Require any public depository or the trustees of segregated trusts created by banks for the benefit of public depositors to furnish information upon request. Any public depository which refuses or neglects to give any information so requested shall be excluded from the right to receive public deposits. Information obtained under this subsection may not be disclosed by the commissioner division of banking unless disclosed as provided in s. 220.06.

AB150-engrossed, s. 1739 Section 1739. 34.03 (3) of the statutes is amended to read:

AB150-engrossed,620,16 34.03 (3) Take such action as he or she the division deems necessary or appropriate for the protection, collection, compromise or settlement of any claim against or in favor of the appropriation under s. 20.124 20.144 (1) (a).

AB150-engrossed, s. 1739m Section 1739m. 34.03 (4) of the statutes is amended to read:

AB150-engrossed,620,20 34.03 (4) Exercise all powers reasonably necessary and proper to the full and complete performance of his or her the division's functions under this chapter, including but not limited to ordinary powers granted corporations.

AB150-engrossed, s. 1742 Section 1742. 34.08 (1) of the statutes is amended to read:

AB150-engrossed,620,24 34.08 (1) Except as provided in sub. (2), the appropriation in s. 20.124 20.144 (1) (a) shall be used to repay public depositors for losses until the appropriation is exhausted.

AB150-engrossed, s. 1743 Section 1743. 34.08 (2) of the statutes is amended to read:

AB150-engrossed,621,11 34.08 (2) Payments under sub. (1) shall be made in the order in which satisfactory proofs of loss are received by the commissioner division of banking. 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 or by the Wisconsin credit union savings insurance corporation at the public depository which experienced the loss. Upon a satisfactory proof of loss, the commissioner division of banking shall direct the department of administration to draw its warrant payable from the appropriation under s. 20.124 20.144 (1) (a) and the state treasurer shall pay the warrant under s. 14.58 (4) in favor of the public depositor that has submitted the proof of loss.

AB150-engrossed, s. 1744 Section 1744. 34.08 (3) of the statutes is amended to read:

AB150-engrossed,621,19 34.08 (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 commissioner division of banking. Upon failure to make the assignment, the public depositor shall forfeit its right to payment under this section. Any recovery made by the commissioner division of banking under the assignment shall be repaid to the appropriation under s. 20.124 20.144 (1) (a).

AB150-engrossed, s. 1745 Section 1745. 34.09 of the statutes is amended to read:

AB150-engrossed,622,7 34.09 Financial institutions eligible as public depositories. Every federal or state credit union, state bank, federal or state savings and loan association, savings and trust company and federal or state savings bank and every national bank located in this state which complies in all respects as to public deposits with this chapter and will accept payments made by the state under s. 16.412 may be designated as a public depository and may receive and hold public deposits, subject to this chapter. The commissioner division of banking shall have the same powers and duties with regard to making and continuing public deposits in national banks, federal and state credit unions, federal and state savings banks and federal and state savings and loan associations as the powers and duties exercised and performed by the commissioner division of banking with regard to public deposits in state banks.

AB150-engrossed, s. 1746 Section 1746. 34.10 of the statutes is amended to read:

AB150-engrossed,623,12 34.10 Reorganization and stabilization of financial institutions. Whenever the commissioner office of credit unions, administrator of federal credit unions, commissioner of banking, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or commissioner division of savings and loan 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 commissioner office of credit unions, administrator of federal credit unions, commissioner of banking, U.S. comptroller of the currency, federal home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation, resolution trust corporation, division of banking or commissioner division of savings and loan 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 commissioner division of banking, 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 commissioner division of banking, 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 commissioner division of banking does not waive any rights under this chapter.

AB150-engrossed, s. 1747 Section 1747. 34.11 of the statutes is amended to read:

AB150-engrossed,623,17 34.11 Penalties. Any person who wilfully violates ss. 34.01 to 34.10, or any orders or rules promulgated by the commissioner division of banking under said sections, shall for each such offense be fined not more than $500 or imprisoned not more than 6 months, or both.

AB150-engrossed, s. 1748 Section 1748. 35.03 (4) of the statutes is amended to read:

AB150-engrossed,623,22 35.03 (4) Direct the manner, form, style, quantity and method, when these are not expressly prescribed by law, of public printing for state agencies except printing of the first class; and provide editorial services to state agencies in the preparation of copy for the printer.

AB150-engrossed, s. 1749 Section 1749. 35.24 (1) (a) of the statutes is amended to read:

AB150-engrossed,624,7 35.24 (1) (a) The Blue Book shall contain the biographies and pictures of state officers, senators and representatives to the assembly and officers of each house, information pertaining to the organization of Wisconsin state government, and statistical and other information of the same general character as that heretofore published, but so selected and condensed as will limit the number of pages to 1,000 or less. In making such selection the legislative reference bureau is directed to consult freely with the state superintendent secretary of education and the director of the historical society, and insofar as possible, make the book useful for civics classes in schools.

AB150-engrossed, s. 1749m Section 1749m. 35.29 (1m) of the statutes is created to read:

AB150-engrossed,624,15 35.29 (1m) No state agency may distribute any materials printed under sub. (1) directly to any member of the legislature, except in the manner provided in this subsection. If a state agency wishes to make available any materials under sub. (1) to members of the legislature, the agency shall send a notice to all members briefly describing the materials. If a member notifies the state agency that the member wishes to receive a copy of specified materials, the agency may then distribute the materials to that member.

AB150-engrossed, s. 1750 Section 1750. 35.84 (figure) column B line 43 of the statutes is amended to read:

AB150-engrossed,624,18 35.84 (figure) Column B Statutes, Soft Covers; s. 35.18

AB150-engrossed,624,19 43. Public Defender Board340 378

AB150-engrossed, s. 1751 Section 1751. 35.84 (figure) column C line 43 of the statutes is amended to read:

AB150-engrossed,624,22 35.84 (figure) Column C Annotations; s. 35.23

AB150-engrossed,624,23 43. Public Defender Board41 44

AB150-engrossed, s. 1752 Section 1752. 35.84 (figure) column D line 43 of the statutes is amended to read:

AB150-engrossed,625,1 35.84 (figure) Column D Laws of Wisconsin; s. 35.15

AB150-engrossed,625,2 43. Public Defender Board41 44

AB150-engrossed, s. 1753 Section 1753. 35.84 (figure) column J line 43 of the statutes is amended to read:

AB150-engrossed,625,5 35.84 (figure) Column J Opinions of Attorney General; s. 35.28; s. 165.015 (1)

AB150-engrossed,625,6 43. Public Defender Board41 44

AB150-engrossed, s. 1754 Section 1754. 35.84 (figure) column K line 43 of the statutes is amended to read:

AB150-engrossed,625,9 35.84 (figure) Column K Supreme Court Reports; s. 35.28; s. 751.11

AB150-engrossed,625,10 43. Public Defender Board41 44

AB150-engrossed, s. 1755 Section 1755. 35.86 (1) of the statutes is amended to read:

AB150-engrossed,625,24 35.86 (1) The director of the historical society may procure the exchange of public documents produced by federal, state, county, local and other agencies as may be desirable to maintain or enlarge its historical, literary and statistical collections, and may make such distributions of public documents, with or without exchange, as may accord with interstate or international comity. The state law librarian shall procure so many of such exchanges as the state law librarian is authorized by law to make, and the department of health and social services, commissioner division of banking, department of public instruction, legislative reference bureau, and the legislative council staff, may procure by exchange such documents from other states and countries as may be needed for use in their respective offices. Any other state agency wishing to initiate a formal exchange program in accordance with this section may do so by submitting a formal application to the department and by otherwise complying with this section.

AB150-engrossed, s. 1755m Section 1755m. 35.87 of the statutes is renumbered 35.87 (1) and amended to read:

AB150-engrossed,626,5 35.87 (1) The legislature may provide as a service to paid subscribers routine distribution of copies of all bills, joint resolutions, amendments, acts, journals, bulletins of proceedings and hearing bulletins printed for the legislature. The

AB150-engrossed,626,18 (2) If the service is provided, the biennial fee, effective January 1 of each odd-numbered year, for subscription to the complete legislative document distribution service shall be based on 20% of prior session actual printing costs of such documents, including but not limited to the costs of typesetting, purchasing, paper, printing, duplication, collating and binding, as determined by the legislative reference bureau and the department. Portions $500. If the service is provided, the joint committee on legislative organization may authorize portions of the service may be made available for a to be provided separately, and may prescribe a biennial fee equal to a percentage of the fee for the total service, based on the respective percentages of total printing costs for each portion so provided. The sum of the biennial fees for all portions of the service provided separately may not be less than $500. Actual postage or delivery costs shall be added to the fee for those subscribers who do not pick up their documents.

AB150-engrossed,626,23 (4) The joint committee on legislative organization shall determine the operational responsibility for the service authorized under this section, including the procedure for sale of the service, distribution of documents and the collection of fees. The officer designated by the legislature shall pay deposit all moneys received for subscriptions to the service into the general fund.

AB150-engrossed, s. 1755n Section 1755n. 35.87 (3) of the statutes is created to read:

AB150-engrossed,627,7 35.87 (3) If the service is provided, the chief of the legislative reference bureau shall review the fee prescribed in this section on a biennial basis and, no later than December 1 of each even-numbered year, shall recommend to the joint committee any revision to the fee that the chief determines to be appropriate. The joint committee may thereafter recommend to the legislature revision of the fee prescribed in this subsection. The joint committee shall promptly transmit a copy of its recommendation to the secretary of administration.

AB150-engrossed, s. 1755p Section 1755p. 36.05 (9s) of the statutes is created to read:

AB150-engrossed,627,10 36.05 (9s) "Mainframe" means a large scale, central computer maintained by the board for multipurpose functions.

AB150-engrossed, s. 1755r Section 1755r. 36.09 (1) (j) of the statutes is amended to read:

AB150-engrossed,628,14 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 and subject to the pay range maximum and compensation maximum under s. 230.125, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This Except as provided in s. 230.125, this paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employes specified in ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4) (j) or (4m) under this paragraph unless the salary increase conforms to the compensation plan for executive salary group positions as approved under 230.12 (3) (b) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the departments of administration and employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.

AB150-engrossed, s. 1755v Section 1755v. 36.09 (1) (k) 1. of the statutes is amended to read: