SECTION 2. 46.40 (9) (d) of the statutes is renumbered 46.40 (9) (d) 1. (intro.) and amended to read:
46.40 (9) (d) 1. (intro.) The From the appropriation account under s. 20.435 (7) (b), the department may decrease a county's allocation under sub. (2) by the any of the following amounts:
a. The amount of any payment adjustments under s. 49.45 (52) made for that county from the appropriation account under s. 20.435 (7) (b).
2. The total amount of the decrease for a county under this paragraph subdivision during any fiscal year may not exceed that part of the county's allocation under sub. (2) that derives from the appropriation account under s. 20.435 (7) (b) for that fiscal year.
SECTION 3. 46.40 (9) (d) 1. b. of the statutes is created to read:
46.40 (9) (d) 1. b. The amount by which the department determines a county failed to comply with the maintenance-of-effort requirement under s. 49.45 (30g) (c) 3.
SECTION 4. 49.45 (30g) of the statutes is created to read:
49.45 (30g) COMMUNITY RECOVERY SERVICES. (a) When services are reimbursable. Community recovery services under s. 49.46 (2) (b) 6. Lo. provided to an individual are reimbursable under the Medical Assistance program only if all of the following conditions are met:
1. An approved amendment to the state medical assistance plan submitted under 42 USC 1396n (i) permits reimbursement for the services under s. 49.46 (2) (b) 6. Lo. in the manner provided under this subsection.
2. The county in which the individual resides elects to provide the community recovery services under s. 49.46 (2) (b) 6. Lo. through the Medical Assistance program.
3. The individual, the community recovery services, and the community recovery services provider meet any condition set forth in the approved amendment to the medical assistance plan submitted under 42 USC 1396n (i).
(b) Limit on the amount of reimbursement. If community recovery services are reimbursable under par. (a), the department shall reimburse each participating county for the portion of the federal share of allowable charges for the community recovery services provided by the county that exceeds that county's proportionate share of $600,000 in fiscal year 2010-2011 and for 95 percent of the federal share of allowable charges for the community recovery services provided by the county in each fiscal year thereafter. The portion of the federal share of allowable charges not reimbursed to counties shall be transferred to the appropriation account under s. 20.435 (5) (kx).
(c) Maintenance of effort. 1. Any funds used to reimburse counties under par. (b) may not be used to supplant funding from any other source.
2. No county providing community recovery services under this subsection may report less funding for other community mental health services under mental health for children and adults on the human service revenue reporting form than the county reported in the year prior to the year in which the county elected to provide community recovery services under s. 49.46 (2) (b) 6. Lo.
3. The department may enforce this subsection using contract remedies under s. 46.031 (2g) or (2r) or by adjusting community aids payments as provided under s. 46.40 (9) (d) 1. b.
SECTION 5. 49.46 (2) (b) 6. Lo. of the statutes is created to read:
49.46 (2) (b) 6. Lo. Subject to the limitations under s. 49.45 (30g), community recovery services.
(End)
LRB-0776LRB-0776/2
RCT:kjf:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0202 - bonding increase for nonpoint programs
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Water quality
Under current law, DNR administers a program (known as the targeted runoff management program) to provide financial assistance for projects to reduce nonpoint source water pollution (that is, pollution from diffuse sources) in areas that are targeted due to surface water quality problems. This bill increases the authorized general obligation bonding authority for the targeted runoff management program by $7,000,000.
Under current law, DNR also administers programs to provide financial assistance for the management of urban storm water runoff and for flood control and riparian restoration projects. This bill increases the general obligation bonding authority for these programs by $6,000,000.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.866 (2) (tf) of the statutes is amended to read:
20.866 (2) (tf) Natural resources; nonpoint source. From the capital improvement fund, a sum sufficient for the department of natural resources to fund nonpoint source water pollution abatement projects under s. 281.65 (4c) and (4e). The state may contract public debt in an amount not to exceed $11,000,000 $18,000,000 for this purpose.
****NOTE: This is reconciled s. 20.866 (2) (tf). This SECTION has been affected by drafts with the following LRB numbers: -0280/2, -0776/1.
SECTION 2. 20.866 (2) (th) of the statutes is amended to read:
20.866 (2) (th) Natural resources; urban nonpoint source cost-sharing. From the capital improvement fund, a sum sufficient for the department of natural resources to provide cost-sharing grants for urban nonpoint source water pollution abatement and storm water management projects under s. 281.66, to provide municipal flood control and riparian restoration cost-sharing grants under s. 281.665, and to make the grant under 2007 Wisconsin Act 20, section 9135 (1i). The state may contract public debt in an amount not to exceed $29,900,000 $35,900,000 for this purpose. Of this amount, $500,000 is allocated in fiscal biennium 2001-03 for dam rehabilitation grants under s. 31.387.
(End)
LRB-0777LRB-0777/2
PG:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0217 - Appeal of a denied relocation benefits claim
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Eminent Domain
Currently, a person displaced by the acquisition of property by an entity that is vested with the power of condemnation is entitled to certain benefits from the condemnor, including relocation assistance, assistance in the acquisition of replacement housing, and moving expenses. The person must file a claim for such benefits within two years of being displaced. If the claim is not allowed within 90 days, the claimant may file an appeal in circuit court. Currently, there is no deadline for filing an appeal.
This bill provides that the claimant must file the appeal within two years.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 32.20 of the statutes is amended to read:
32.20 Procedure for collection of itemized items of compensation. Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the condemnor carrying on the project through which condemnee's or claimant's claims arise. All such claims must be filed after the damages upon which they are based have fully materialized but not later than 2 years after the condemnor takes physical possession of the entire property acquired or such other event as determined by the department of commerce 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 not later than 2 years after the condemnor disallows the claim not later than 2 years after the expiration of the 90-day period if the condemnor fails to disallow the claim within that period, whichever occurs later. In causes of action, involving any state commission, board or other agency, excluding counties, the sum recovered by the claimant shall be paid out of any funds appropriated to such condemning agency. Any judgment shall be appealable by either party and any amount recovered by the body against which the claim was filed, arising from costs, counterclaims, punitive damages or otherwise may be used as an offset to any amount owed by it to the claimant, or may be collected in the same manner and form as any other judgment.
SECTION 9357. Initial applicability; Other.
(1) CONDEMNATION; APPEAL OF DENIED CLAIM FOR DAMAGES. The treatment of section 32.20 of the statutes first applies to a conveyance of property to a condemnor that is recorded on the effective date of this subsection.
(End)
LRB-0778LRB-0778/1
PG:nwn&cjs:md
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0214 - Property appraisals; right to appeal compensation amount; litigation expenses
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Eminent Domain
Currently, whenever an entity with the power of condemnation seeks to acquire property by condemnation, it must provide the property owner with an appraisal of the property and pay for the owner to acquire his or her own appraisal. This bill provides that, if the property is being acquired for sewers or transportation facilities, the owner may use an appraisal prepared by the owner or condemnor during the period preceding negotiations in any subsequent appeal only if the appraisal was provided to the other party during that period.
Currently, if a property owner agrees voluntarily to convey the property to the condemnor at an agreed-upon price, the owner has the right, within six months, to appeal the issue of the amount of compensation paid by the condemnor. This bill eliminates this right for owners whose property is being acquired for sewers or transportation facilities. The bill does not eliminate the owner's right to appeal the amount of compensation within two years if his or her property is condemned.
Currently, a property owner who on appeal is awarded more in just compensation than was offered by the condemnor is entitled to litigation expenses, including reasonable attorney fees, if the award exceeds the offer by at least $700 and at least 15 percent. This bill provides that, in such a case, the amount of attorney fees included in litigation expenses may not exceed one-third of the difference between the offer and the award, except that if one-third of that difference is less than $5,000, the amount of attorney fees included in litigation expenses may not exceed $5,000.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 32.05 (2) (b) of the statutes is amended to read:
32.05 (2) (b) The condemnor shall provide the owner with a full narrative appraisal upon which the jurisdictional offer is based and a copy of any other appraisal made under par. (a) and at the same time shall inform the owner of his or her right to obtain an appraisal under this paragraph. The owner may obtain an appraisal by a qualified appraiser of all property proposed to be acquired, and may submit the reasonable costs of the appraisal to the condemnor for payment. The owner shall submit a full narrative appraisal to the condemnor within 60 days after the owner receives the condemnor's appraisal. If the owner does not accept a negotiated offer under sub. (2a) or the jurisdictional offer under sub. (3), the owner may use only an appraisal prepared received from the condemnor under this paragraph, or an appraisal submitted by the owner to the condemnor within 60 days after the owner received the condemnor's appraisal under this paragraph, in any subsequent appeal.
SECTION 2. 32.05 (2a) of the statutes is amended to read:
32.05 (2a) NEGOTIATION. Before making the jurisdictional offer provided in sub. (3), the condemnor shall attempt to negotiate personally with the owner or one of the owners or his or her representative of the property sought to be taken for the purchase of the same. In such negotiation the condemnor shall consider the owner's appraisal under sub. (2) (b) and may contract to pay the items of compensation enumerated in ss. 32.09 and 32.19 as may be applicable to the property in one or more installments on such conditions as the condemnor and property owners may agree. Before attempting to negotiate under this paragraph, the condemnor shall provide the owner or his or her representative with copies of applicable pamphlets prepared under s. 32.26 (6). When negotiating under this subsection, the condemnor shall provide the owner or his or her representative with the names of at least 10 neighboring landowners to whom offers are being made, or a list of all offerees if less than 10 owners are affected, together with a map showing all property affected by the project. Upon request by an owner or his or her representative, the condemnor shall provide the name of the owner of any other property which may be taken for the project. The owner or his or her representative shall also have the right, upon request, to examine any maps in the possession of the condemnor showing property affected by the project. The owner or his or her representative may obtain copies of such maps by tendering the reasonable and necessary costs of preparing copies. The condemnor shall record any conveyance by or on behalf of the owner of the property to the condemnor executed as a result of negotiations under this subsection with the register of deeds of the county in which the property is located. The conveyance shall state the identity of all persons having an interest of record in the property immediately prior to its conveyance, the legal description of the property, the nature of the interest acquired and the compensation for such acquisition. The condemnor shall serve upon or mail by certified mail to all persons named therein a copy of the conveyance and a notice of the right to appeal the amount of compensation under this subsection. Any person named in the conveyance may, within 6 months after the date of its recording, appeal from the amount of compensation therein stated in the manner set forth in subs. (9) to (12) and chs. 808 and 809 for appeals from an award under sub. (7). For purposes of any such appeal, the amount of compensation stated in the conveyance shall be treated as the award and the date the conveyance is recorded shall be treated as the date of taking and the date of evaluation.
SECTION 3. 32.28 (3) (intro.) of the statutes is amended to read:
32.28 (3) (intro.) In lieu of costs under ch. 814 and subject to sub. (4), litigation expenses shall be awarded to the condemnee if:
SECTION 4. 32.28 (4) of the statutes is created to read:
32.28 (4) If a condemnee is awarded litigation expenses under sub. (3) (d), (e), (g), or (h), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the award of the condemnation commission or jury verdict and the jurisdictional offer or highest written offer prior to the jurisdictional offer, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.
(b) If a condemnee is awarded litigation expenses under sub. (3) (f), the amount of attorney fees included in litigation expenses may not exceed an amount equal to one-third of the difference between the jury verdict and the award of the condemnation commission, except that if one-third of that difference is less than $5,000 and the condemnee shows good cause, the amount of attorney fees included in litigation expenses may not exceed $5,000.
SECTION 9357. Initial applicability; other.
(1) CONDEMNATION.
(a) The treatment of section 32.05 (2) (b) of the statutes first applies to an appraisal obtained by an owner on the effective date of this paragraph.
(b) The treatment of section 32.05 (2a) of the statutes first applies to conveyances recorded with the register of deeds on the effective date of this paragraph.
(c) The treatment of section 32.28 (4) of the statutes first applies to actions brought under chapter 32 of the statutes on the effective date of this paragraph.
(End)
LRB-0779LRB-0779/P6
JK:kjf&bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0203 - Oil company assessment
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
This bill imposes a tax on a motor vehicle fuel supplier at a rate not exceeding 3 percent of the supplier's gross receipts from the first sale of motor vehicle fuel in this state. The supplier may take no action to increase or influence the selling price of motor vehicle fuel in order to recover the amount of the tax. For the purpose of determining the amount of the tax, income derived from the first sale in this state of biodiesel fuel or ethanol blended with gasoline to create gasoline consisting of at least 85 percent ethanol is not included in the supplier's gross receipts. The revenue collected from the tax is deposited into the transportation fund.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.566 (1) (u) of the statutes is amended to read:
