AB150: Bill Text

AB150,714,19 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, and the possibility of disposing of, the Lewiston and Caledonia portions of the Portage levee system.

****Note: This is reconciled s. 31.309 (2) (b). This Section has been affected by drafts with the following LRB numbers: LRB-0869 and LRB-1023.

AB150, s. 1706 Section 1706. 31.36 (4) of the statutes is renumbered 31.309 (2) (a) and amended to read:

AB150,715,2 31.309 (2) (a) The department shall construct, strengthen and maintain the Lewiston and Caledonia portions of the Portage levee system in such a manner as that will best protect the vicinity surrounding area from the overflow of the Wisconsin River.

AB150, s. 1707 Section 1707. 31.39 (title) of the statutes is amended to read:

AB150,715,4 31.39 (title) Fee Fees for permits and, approvals and hearings.

AB150, s. 1708 Section 1708. 31.39 (1) of the statutes is amended to read:

AB150,715,9 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.

AB150, s. 1709 Section 1709. 31.39 (2) of the statutes is repealed and recreated to read:

AB150,715,15 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:

AB150,715,17 1. For a permit or approval with an estimated time of less than 3 hours, the fee shall be $30.

AB150,715,19 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.

AB150,715,21 3. For a permit or approval with an estimated time of more than 9 hours, the fee shall be $300.

AB150,715,24 (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.

AB150, s. 1710 Section 1710. 31.39 (2m) of the statutes is created to read:

AB150,716,5 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.

AB150,716,8 (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.

AB150,716,11 (c) If more than one fee under sub. (2) (a) or s. 30.28 (2) (a) or (b) or 144.0252 is applicable to a project, the department shall charge only the highest fee of those that are applicable.

AB150,716,12 (d) The department, by rule, may increase any fee specified in sub. (2).

AB150, s. 1711 Section 1711. 31.39 (3) of the statutes is amended to read:

AB150,716,18 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.

AB150, s. 1712 Section 1712. 32.035 (3) of the statutes is amended to read:

AB150,717,5 32.035 (3) Procedure. The condemnor shall notify the department of any project involving the actual or potential exercise of the powers of eminent domain affecting a farm operation. If the condemnor is the department of natural resources or the department of tourism and parks, the notice required by this subsection shall be given at the time that permission of the senate and assembly appropriate standing committees on natural resources of each house of the legislature is sought under s. 23.09 (2) (d) or, 27.01 (2) (a) or 28.02 (2). To prepare an agricultural impact statement under this section, the department may require the condemnor to compile and submit information about an affected farm operation. The department shall charge the condemnor a fee approximating the actual costs of preparing the statement. The department may not publish the statement if the fee is not paid.

AB150, s. 1713 Section 1713. 32.19 (2) (b) of the statutes is amended to read:

AB150,717,16 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.

AB150, s. 1714 Section 1714. 32.19 (2) (e) 1. b. of the statutes is amended to read:

AB150,717,21 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.

AB150, s. 1715 Section 1715. 32.19 (3) (b) 1. of the statutes is amended to read:

AB150,718,2 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.

AB150, s. 1716 Section 1716. 32.19 (3) (b) 2. of the statutes is amended to read:

AB150,718,13 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.

AB150, s. 1717 Section 1717. 32.19 (3) (c) of the statutes is amended to read:

AB150,718,23 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.

AB150, s. 1718 Section 1718. 32.19 (4) (a) 2. of the statutes is amended to read:

AB150,719,9 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.

AB150, s. 1719 Section 1719. 32.19 (4) (b) (intro.) of the statutes is amended to read:

AB150,719,20 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:

AB150, s. 1720 Section 1720. 32.19 (4m) (a) 2. of the statutes is amended to read:

AB150,720,4 32.19 (4m) (a) 2. The amount, if any, which will compensate such owner displaced person for any increased interest and other debt service costs which such person is required to pay for financing the acquisition of any replacement property, if the property acquired was encumbered by a bona fide mortgage or land contract which was a valid lien on the property for at least one year prior to the initiation of negotiations for its acquisition. The amount under this subdivision shall be determined according to rules promulgated by the department of industry, labor and human relations development.

AB150, s. 1721 Section 1721. 32.19 (4m) (b) (intro.) of the statutes is amended to read:

AB150,720,16 32.19 (4m) (b) Tenant-occupied business or farm operation. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any tenant displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to initiation of negotiations for the acquisition of the real property on which the business or farm operation lies or, if displacement is not a direct result of acquisition, such other event as determined by the department of 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, s. 1722 Section 1722. 32.19 (4m) (b) 1. of the statutes is amended to read:

AB150,720,25 32.19 (4m) (b) 1. The amount, not to exceed $30,000, which is necessary to lease or rent a comparable replacement business or farm operation for a period of 4 years. The payment shall be computed by determining the average monthly rent paid for the property from which the person was displaced for the 12 months prior to the initiation of negotiations or, if displacement is not a direct result of acquisition, such other event as determined by the department of 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, s. 1723 Section 1723. 32.197 of the statutes is amended to read:

AB150,721,13 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, s. 1724 Section 1724. 32.20 of the statutes is amended to read:

AB150,722,6 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, s. 1725 Section 1725. 32.25 (1) of the statutes is amended to read:

AB150,722,13 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, s. 1726 Section 1726. 32.25 (2) (h) of the statutes is amended to read:

AB150,722,23 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, s. 1727 Section 1727. 32.26 (title) of the statutes is amended to read:

AB150,723,2 32.26 (title) Authority of the department of industry, labor and human relations development.

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

AB150,723,6 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, s. 1729 Section 1729. 32.26 (2) (a) of the statutes is amended to read:

AB150,723,9 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, s. 1730 Section 1730. 32.26 (2) (b) of the statutes is amended to read:

AB150,723,15 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, s. 1731 Section 1731. 32.26 (3) of the statutes is amended to read:

AB150,723,22 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, s. 1732 Section 1732. 32.26 (4) of the statutes is amended to read:

AB150,724,2 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, s. 1733 Section 1733. 32.26 (5) of the statutes is amended to read:

AB150,724,16 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, s. 1734 Section 1734. 32.26 (6) of the statutes is amended to read:

AB150,724,25 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, s. 1735 Section 1735. 32.26 (7) of the statutes is amended to read:

AB150,725,5 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, s. 1736 Section 1736. 34.01 (2) (a) of the statutes is amended to read:

AB150,726,2 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 or commissioner of savings and loan department of financial institutions 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 or commissioner of savings and loan department of financial institutions, 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 or commissioner of savings and loan department of financial institutions.

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

AB150,726,6 34.03 (title) Powers of the commissioner of banking department of financial institutions. (intro.) The commissioner of banking department of financial institutions may do any of the following:

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

AB150,726,13 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 of banking department of financial institutions unless disclosed as provided in s. 220.06.

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

AB150,726,17 34.03 (3) Take such action as he or she 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, s. 1740 Section 1740. 34.05 (1) of the statutes is amended to read:

AB150,727,4 34.05 (1) Except as provided in sub. (4) and subject to sub. (5), the governing board of each public depositor shall, by resolution, designate one or more public depositories, organized and doing business under the laws of this state or federal law and located in this state, in which the treasurer of the governing board shall deposit all public moneys received by him or her and specify whether the moneys shall be maintained in time deposits subject to the limitations of s. 66.04 (2), demand deposits or savings deposits and whether a surety bond or other security shall be required to be furnished under s. 34.07 by the public depository to secure the repayment of such deposits. A designation of a public depository by the governing board shall be a designation of the public depository for all treasurers of the governing board and for all public depositors for which each treasurer shall act.

AB150, s. 1741 Section 1741. 34.05 (5) of the statutes is created to read:

AB150,727,8 34.05 (5) The investment board shall designate the public depositories participating in the capital access program under s. 560.13 as the public depositories for the deposit of moneys appropriated under s. 20.143 (1) (cp) and (kq).

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

AB150,727,12 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, s. 1743 Section 1743. 34.08 (2) of the statutes is amended to read:

AB150,727,25 34.08 (2) Payments under sub. (1) shall be made in the order in which satisfactory proofs of loss are received by the commissioner of banking department of financial institutions. 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 of banking department of financial institutions 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) 16.413 (1) (d) in favor of the public depositor that has submitted the proof of loss.

****Note: This is reconciled s. 34.08 (2). This section has been affected by drafts with the following LRB #'s: 95-2571/3 and 2089/3.

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

AB150,728,8 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 of banking department of financial institutions. Upon failure to make the assignment, the public depositor shall forfeit its right to payment under this section. Any recovery made by the commissioner of banking department of financial institutions under the assignment shall be repaid to the appropriation under s. 20.124 20.144 (1) (a).

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