AB40: Bill Text

AB40, s. 911 Section 911. 26.37 (2) of the statutes is amended to read:

AB40,478,9 26.37 (2) The department of natural resources may not expend moneys from the appropriations under s. 20.370 (5) (ax) or (6) (bt), 1997 stats., unless the department of natural resources and the department of commerce Wisconsin Economic Development Corporation first submit to the joint committee on finance the plan required under sub. (1). If the cochairpersons of the joint committee on finance do not notify the department of natural resources within 14 working days after the date of the departments' submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented and moneys may be expended as proposed by the department of natural resources. If, within 14 days after the date of the departments' submittal of the plan, the cochairpersons of the committee notify the department of natural resources that the committee has scheduled a meeting to review the plan, moneys may be expended only after the plan has been approved by the committee.

AB40, s. 912 Section 912. 26.39 (6) of the statutes is amended to read:

AB40,478,16 26.39 (6) Forestry internships. The department shall use the moneys allocated under s. 28.085 to provide internships to University of Wisconsin System students and University of Wisconsin-Madison students who are enrolled in a course of study that will result in a bachelor's or higher degree in forestry. The department shall promulgate rules establishing the application process and the criteria for receipt of an internship under this subsection.

AB40, s. 913 Section 913. 28.02 (2) of the statutes is amended to read:

AB40,478,25 28.02 (2) Acquisition. The Subject to the limitations under s. 23.0917 (8m), the department may acquire lands or interest in lands by grant, devise, gift, condemnation or purchase within the boundaries of established state forests or purchase areas; and outside of such boundaries for forest nurseries, tracts for forestry research or demonstration and for forest protection structures, or for access to such properties. In the case of condemnation the department shall first obtain approval from the appropriate standing committees of each house of the legislature as determined by the presiding officer thereof.

AB40, s. 914 Section 914. 28.07 of the statutes is amended to read:

AB40,479,7 28.07 Cooperation. The department may cooperate with the University of Wisconsin System, with the University of Wisconsin-Madison, with departments and agencies of this or other states, with federal agencies and with counties, towns, corporations and individuals, to promote the best interest of the people and the state in forest surveys, research in forestry and related subjects, forest protection and in assistance to landowners to secure adoption of better forestry practice.

AB40, s. 915 Section 915. 30.121 (3w) (b) of the statutes is amended to read:

AB40,479,12 30.121 (3w) (b) The boathouse is located on land zoned exclusively for commercial or industrial purposes or the boathouse is located on a brownfield, as defined in s. 560.13 238.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3) (a).

AB40, s. 916 Section 916. 30.126 (5) (h) of the statutes is amended to read:

AB40,479,18 30.126 (5) (h) May not have improper toilets. No person may construct, place or maintain a fishing raft on authorized portions of the Wolf River if the fishing raft is equipped with a toilet which permits toilet waste to be disposed of in the waterway. A toilet on a fishing raft shall comply with rules of the department of commerce safety and professional services as if the toilet were on a boat.

AB40, s. 917 Section 917. 30.443 (1) (a) of the statutes is amended to read:

AB40,479,23 30.443 (1) (a) Promulgate rules establishing standards for erosion prevention or control at sites in the riverway that are not subject to the standards established under s. 101.1206 (1) or 101.653 (2) or 281.33 (3m) (a) and that have a natural slope of 20% or less.

AB40, s. 918 Section 918. 30.443 (1) (b) of the statutes is amended to read:

AB40,480,4 30.443 (1) (b) Promulgate rules establishing standards for erosion prevention or control that are in addition to standards established under ss. 101.1206 (1) and 101.653 (2) and 281.33 (3m) (a) for sites in the riverway that are subject to those standards and that have a natural slope of 12% or more but 20% or less.

AB40, s. 919 Section 919. 30.443 (2) of the statutes is amended to read:

AB40,480,9 30.443 (2) The board may impose any of the applicable standards established under sub. (1) (a) or (b) or ss. 101.1206 (1) or 101.653 (2) or 281.33 (3m) (a) as a condition for receiving a permit under s. 30.44 (1), and the board may promulgate rules to enforce these standards in the riverway.

AB40, s. 920 Section 920. 30.71 (4) of the statutes is amended to read:

AB40,480,13 30.71 (4) Any rules necessary to carry out the purposes of this section shall be promulgated jointly by the department of commerce safety and professional services and the department of natural resources.

AB40, s. 921 Section 921. 31.385 (2) (c) 1. of the statutes is amended to read:

AB40,480,20 31.385 (2) (c) 1. The department conducts an investigation or inspection of the dam under this chapter and the owner of the dam requests financial assistance under this section within 6 months after having received department directives, based on the department's investigation or inspection of the dam, for the repair, modification or abandonment and removal of the dam or for another activity to increase the safety of the dam.

AB40, s. 922 Section 922. 32.02 (1) of the statutes is amended to read:

AB40,481,9 32.02 (1) Any county, town, village, city, including villages and cities incorporated under general or special acts, school district, the department of health services, the department of corrections, the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin-Madison, the building commission, a commission created by contract under s. 66.0301, with the approval of the municipality in which condemnation is proposed, a commission created by contract under s. 66.0303 that is acting under s. 66.0304, if the condemnation occurs within the boundaries of a member of the commission, or any public board or commission, for any lawful purpose, but in the case of city and village boards or commissions approval of that action is required to be granted by the governing body. A mosquito control commission, created under s. 59.70 (12), and a local professional football stadium district board, created under subch. IV of ch. 229, may not acquire property by condemnation.

AB40, s. 923 Section 923. 32.19 (2) (b) of the statutes is amended to read:

AB40,481,20 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 commerce safety and professional services.

AB40, s. 924 Section 924. 32.19 (2) (e) 1. b. of the statutes is amended to read:

AB40,481,25 32.19 (2) (e) 1. b. As a result of rehabilitation, demolition or other displacing activity, as determined by the department of commerce safety and professional services, if the person is a tenant-occupant of a dwelling, business or farm operation and the displacement is permanent.

AB40, s. 925 Section 925. 32.19 (3) (b) 1. of the statutes is amended to read:

AB40,482,6 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 commerce safety and professional services.

AB40, s. 926 Section 926. 32.19 (3) (b) 2. of the statutes is amended to read:

AB40,482,17 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 commerce safety and professional services 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 commerce safety and professional services 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.

AB40, s. 927 Section 927. 32.19 (3) (c) of the statutes is amended to read:

AB40,483,2 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 commerce safety and professional services by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.

AB40, s. 928 Section 928. 32.19 (4) (a) 2. of the statutes is amended to read:

AB40,483,12 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 commerce safety and professional services.

AB40, s. 929 Section 929. 32.19 (4) (b) (intro.) of the statutes is amended to read:

AB40,483,23 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 commerce safety and professional services by rule. For purposes of this paragraph, a corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under par. (bm), such payment shall be either:

AB40, s. 930 Section 930. 32.19 (4m) (a) 2. of the statutes is amended to read:

AB40,484,8 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 commerce safety and professional services.

AB40, s. 931 Section 931. 32.19 (4m) (b) (intro.) of the statutes is amended to read:

AB40,484,20 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 commerce safety and professional services, 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:

AB40, s. 932 Section 932. 32.19 (4m) (b) 1. of the statutes is amended to read:

AB40,485,4 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 commerce safety and professional services and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or

AB40, s. 933 Section 933. 32.197 of the statutes is amended to read:

AB40,485,16 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 commerce safety and professional services shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed.

AB40, s. 934 Section 934. 32.20 of the statutes is amended to read:

AB40,486,9 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 safety and professional services 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.

AB40, s. 935 Section 935. 32.25 (1) of the statutes is amended to read:

AB40,486,16 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 commerce safety and professional services.

AB40, s. 936 Section 936. 32.25 (2) (h) of the statutes is amended to read:

AB40,487,2 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 commerce safety and professional services 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.

AB40, s. 937 Section 937. 32.26 (title) of the statutes is amended to read:

AB40,487,5 32.26 (title) Authority of the department of commerce safety and professional services.

AB40, s. 938 Section 938. 32.26 (1) of the statutes is amended to read:

AB40,487,9 32.26 (1) In addition to all other powers granted in this subchapter, the department of commerce safety and professional services shall formulate local standards for decent, safe and sanitary dwelling accommodations.

AB40, s. 939 Section 939. 32.26 (2) (a) of the statutes is amended to read:

AB40,487,12 32.26 (2) (a) The department of commerce safety and professional services shall promulgate rules to implement and administer ss. 32.19 to 32.27.

AB40, s. 940 Section 940. 32.26 (2) (b) of the statutes is amended to read:

AB40,487,18 32.26 (2) (b) The department of commerce safety and professional services and the department of transportation shall establish interdepartmental liaison procedures for the purpose of cooperating and exchanging information to assist the department of commerce safety and professional services in promulgating rules under par. (a).

AB40, s. 941 Section 941. 32.26 (3) of the statutes is amended to read:

AB40,487,25 32.26 (3) The department of commerce safety and professional services 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.

AB40, s. 942 Section 942. 32.26 (4) of the statutes is amended to read:

AB40,488,5 32.26 (4) Upon the request of the department of commerce safety and professional services, 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.

AB40, s. 943 Section 943. 32.26 (5) of the statutes is amended to read:

AB40,488,19 32.26 (5) Any displaced person may, prior to commencing court action against the condemnor under s. 32.20, petition the department of commerce safety and professional services 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 commerce safety and professional services.

AB40, s. 944 Section 944. 32.26 (6) of the statutes is amended to read:

AB40,489,3 32.26 (6) The department of commerce safety and professional services, 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.

AB40, s. 945 Section 945. 32.26 (7) of the statutes is amended to read:

AB40,489,8 32.26 (7) The department of commerce safety and professional services 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.

AB40, s. 946 Section 946. 33.11 of the statutes is amended to read:

AB40,489,19 33.11 Goals. The primary goal of activity under this chapter shall be to improve or protect the quality of public inland lakes. In addition, compilation of basic scientific data on lakes of this state and assessment of experimental and innovative techniques of lake rehabilitation and protection shall be goals of the program. Districts may undertake protection and rehabilitation projects to achieve the purposes of such districts specified in s. 33.21. Projects may be undertaken in cooperation with the department, the University of Wisconsin System, the University of Wisconsin-Madison, and other government agencies, and public and private organizations. Projects shall be divided into study, planning and implementation phases.

AB40, s. 947 Section 947. 33.16 (8) of the statutes is amended to read:

AB40,489,23 33.16 (8) The department may evaluate or contract with the University of Wisconsin System or the University of Wisconsin-Madison to evaluate projects receiving financial assistance under this section.

AB40, s. 948 Section 948. 36.03 of the statutes is amended to read:

AB40,490,3 36.03 System. There is created in this state a system of institutions of learning to be known as the University of Wisconsin System. The principal office and one university of the system shall be located at or near the seat of state government.

AB40, s. 949 Section 949. 36.09 (1) (a) of the statutes is amended to read:

AB40,490,11 36.09 (1) (a) The primary responsibility for governance of the system shall be vested in the board which shall enact policies and promulgate rules for governing the system, plan for the future needs of the state for university education within the system, ensure the diversity of quality undergraduate programs while preserving the strength of the state's graduate training and research centers within the system, and promote the widest degree of institutional autonomy within the controlling limits of system-wide systemwide policies and priorities established by the board.

AB40, s. 950 Section 950. 36.09 (1) (am) (intro.) of the statutes is amended to read:

AB40,490,16 36.09 (1) (am) (intro.) The board, in consultation with the department of commerce Wisconsin Economic Development Corporation, shall do all of the following for each economic development program, as defined in s. 36.11 (29r) (a), administered by the board:

AB40, s. 951 Section 951. 36.09 (1) (e) of the statutes is amended to read:

AB40,491,4 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff; and other employees and fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and ss. 20.923 (4g) and 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, or sex shall ever be allowed or exercised in the appointment of the employees of the system.

AB40, s. 952 Section 952. 36.11 (1) (b) of the statutes is amended to read:

AB40,491,19 36.11 (1) (b) Except as provided in this paragraph, the board may purchase, have custody of, hold, control, possess, lease, grant easements and enjoy any lands, buildings, books, records and all other property of any nature which may be necessary and required for the purposes, objects and uses of the system authorized by law. Any lease is subject to the powers of the University of Wisconsin Hospitals and Clinics Authority under s. 233.03 (13) and the rights of the authority under any lease agreement, as defined in s. 233.01 (6). The board shall not permit a facility that would be privately owned or operated to be constructed on state-owned land without obtaining prior approval of the building commission under s. 13.48 (12). The board may sell or dispose of such property as provided by law, or any part thereof when in its judgment it is for the best interests of the system and the state. All purchases and sales of real property shall be subject to the approval of the building commission. The provision of all leases of real property to be occupied by the board shall be the responsibility of the department of administration under s. 16.84 (5).

AB40, s. 953 Section 953. 36.11 (10) of the statutes is renumbered 37.11 (10) and amended to read:

AB40,491,25 37.11 (10) University fund. The board may expend such portion of the income of the university fund on or at the University of Wisconsin-Madison as is appropriated by the legislature for the erection of buildings and the purchase of equipment or books.

AB40, s. 954 Section 954. 36.11 (16) of the statutes is amended to read:

AB40,492,4 36.11 (16) Commencement of fall semester. The board shall ensure that no fall semester classes at any institution, except medical school classes and 4th year classes at the school of veterinary medicine, commence until after September 1.

AB40, s. 955 Section 955. 36.11 (28) of the statutes is renumbered 37.11 (28).