Amendment ASA1-AB40

AB40-ASA1,426,25 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333; community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under subch. II of ch. 229; or transit authority created under s. 66.1039.

AB40-ASA1, s. 922m Section 922m. 32.05 (1) (a) of the statutes is amended to read:

AB40-ASA1,427,22 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, the secretary of transportation, a commission created by contract under s. 66.0301, a joint local water authority created by contract under s. 66.0823, a transit authority created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

AB40-ASA1, s. 922n Section 922n. 32.05 (2) (b) of the statutes is amended to read:

AB40-ASA1,428,11 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 prior to the date of service or mailing of the jurisdictional offer or the date of publication if publication of the jurisdictional offer is necessary, in any subsequent appeal.

AB40-ASA1, s. 922p Section 922p. 32.05 (2a) of the statutes is amended to read:

AB40-ASA1,429,20 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.

AB40-ASA1, s. 922r Section 922r. 32.06 (2) (b) of the statutes is amended to read:

AB40-ASA1,430,9 32.06 (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 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 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 prior to the date of service or mailing of the jurisdictional offer or the date of publication if publication of the jurisdictional offer is necessary, in any subsequent appeal.

AB40-ASA1, s. 922t Section 922t. 32.06 (2a) of the statutes is amended to read:

AB40-ASA1,431,21 32.06 (2a) Agreed price. Before making the jurisdictional offer under 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 where shown to exist. 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 condemnor shall also record a certificate of compensation stating 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 statement and a notice of the right to appeal the amount of compensation under this subsection. Any person named in the certificate may, within 6 months after the date of its recording, appeal from the amount of compensation therein stated by filing a petition with the judge of the circuit court of the county in which the property is located for proceedings to determine the amount of just compensation. Notice of such petition shall be given to all persons having an interest of record in such property. The judge shall forthwith assign the matter to the chairperson of the county condemnation commissioners for hearing under sub. (8). The procedures prescribed under subs. (9) (a) and (b), (10) and (12) and chs. 808 and 809 shall govern such appeals. The date the conveyance is recorded shall be treated as the date of taking and the date of evaluation.

AB40-ASA1, s. 922v Section 922v. 32.07 (2) of the statutes is amended to read:

AB40-ASA1,432,8 32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.

AB40-ASA1, s. 923 Section 923. 32.19 (2) (b) of the statutes is amended to read:

AB40-ASA1,432,18 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 administration.

AB40-ASA1, s. 924 Section 924. 32.19 (2) (e) 1. b. of the statutes is amended to read:

AB40-ASA1,432,23 32.19 (2) (e) 1. b. As a result of rehabilitation, demolition or other displacing activity, as determined by the department of commerce administration, if the person is a tenant-occupant of a dwelling, business or farm operation and the displacement is permanent.

AB40-ASA1, s. 925 Section 925. 32.19 (3) (b) 1. of the statutes is amended to read:

AB40-ASA1,433,5 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 administration.

AB40-ASA1, s. 926 Section 926. 32.19 (3) (b) 2. of the statutes is amended to read:

AB40-ASA1,433,15 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 administration 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 administration 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-ASA1, s. 927 Section 927. 32.19 (3) (c) of the statutes is amended to read:

AB40-ASA1,433,24 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 administration by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.

AB40-ASA1, s. 928 Section 928. 32.19 (4) (a) 2. of the statutes is amended to read:

AB40-ASA1,434,9 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 commerce administration.

AB40-ASA1, s. 929 Section 929. 32.19 (4) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,434,20 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 commerce administration 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-ASA1, s. 930 Section 930. 32.19 (4m) (a) 2. of the statutes is amended to read:

AB40-ASA1,435,4 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 commerce administration.

AB40-ASA1, s. 931 Section 931. 32.19 (4m) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,435,16 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 commerce administration, 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-ASA1, s. 932 Section 932. 32.19 (4m) (b) 1. of the statutes is amended to read:

AB40-ASA1,435,25 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 commerce administration and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or

AB40-ASA1, s. 933 Section 933. 32.197 of the statutes is amended to read:

AB40-ASA1,436,12 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 administration shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed.

AB40-ASA1, s. 934 Section 934. 32.20 of the statutes is amended to read:

AB40-ASA1,437,5 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 administration 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-ASA1, s. 935 Section 935. 32.25 (1) of the statutes is amended to read:

AB40-ASA1,437,11 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 administration.

AB40-ASA1, s. 936 Section 936. 32.25 (2) (h) of the statutes is amended to read:

AB40-ASA1,437,20 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 administration 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-ASA1, s. 937 Section 937. 32.26 (title) of the statutes is amended to read:

AB40-ASA1,437,22 32.26 (title) Authority of the department of commerce administration.

AB40-ASA1, s. 938 Section 938. 32.26 (1) of the statutes is amended to read:

AB40-ASA1,438,3 32.26 (1) In addition to all other powers granted in this subchapter, the department of commerce administration shall formulate local standards for decent, safe and sanitary dwelling accommodations.

AB40-ASA1, s. 939 Section 939. 32.26 (2) (a) of the statutes is amended to read:

AB40-ASA1,438,6 32.26 (2) (a) The department of commerce administration shall promulgate rules to implement and administer ss. 32.19 to 32.27.

AB40-ASA1, s. 940 Section 940. 32.26 (2) (b) of the statutes is amended to read:

AB40-ASA1,438,11 32.26 (2) (b) The department of commerce administration and the department of transportation shall establish interdepartmental liaison procedures for the purpose of cooperating and exchanging information to assist the department of commerce administration in promulgating rules under par. (a).

AB40-ASA1, s. 941 Section 941. 32.26 (3) of the statutes is amended to read:

AB40-ASA1,438,18 32.26 (3) The department of commerce administration 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-ASA1, s. 942 Section 942. 32.26 (4) of the statutes is amended to read:

AB40-ASA1,438,23 32.26 (4) Upon the request of the department of commerce administration, 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-ASA1, s. 943 Section 943. 32.26 (5) of the statutes is amended to read:

AB40-ASA1,439,13 32.26 (5) Any displaced person may, prior to commencing court action against the condemnor under s. 32.20, petition the department of commerce administration 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 administration.

AB40-ASA1, s. 944 Section 944. 32.26 (6) of the statutes is amended to read:

AB40-ASA1,439,22 32.26 (6) The department of commerce administration, 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-ASA1, s. 945 Section 945. 32.26 (7) of the statutes is amended to read:

AB40-ASA1,440,3 32.26 (7) The department of commerce administration 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-ASA1, s. 945b Section 945b. 32.28 (3) (intro.) of the statutes is amended to read:

AB40-ASA1,440,6 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:

AB40-ASA1, s. 945e Section 945e. 32.28 (3) (d) of the statutes is amended to read:

AB40-ASA1,440,11 32.28 (3) (d) The award of the condemnation commission under s. 32.05 (9) or 32.06 (8) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15% and neither party appeals the award to the circuit court;

AB40-ASA1, s. 945h Section 945h. 32.28 (3) (e) of the statutes is amended to read:

AB40-ASA1,440,15 32.28 (3) (e) The jury verdict as approved by the court under s. 32.05 (11) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%;

AB40-ASA1, s. 945L Section 945L. 32.28 (3) (f) of the statutes is amended to read:

AB40-ASA1,440,21 32.28 (3) (f) The condemnee appeals an award of the condemnation commission which exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%, if the jury verdict as approved by the court under s. 32.05 (10) or 32.06 (10) exceeds the award of the condemnation commission by at least $700 $10,000 and at least 15%;

AB40-ASA1, s. 945o Section 945o. 32.28 (3) (g) of the statutes is amended to read:

AB40-ASA1,441,2 32.28 (3) (g) The condemnor appeals the award of the condemnation commission, if the jury verdict as approved by the court under s. 32.05 (10) or 32.06 (10) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%;

AB40-ASA1, s. 945r Section 945r. 32.28 (3) (h) of the statutes is amended to read:

AB40-ASA1,441,8 32.28 (3) (h) The condemnee appeals an award of the condemnation commission which does not exceed the jurisdictional offer or the highest written offer prior to the jurisdictional offer by 15%, if the jury verdict as approved by the court under s. 32.05 (10) or 32.06 (10) exceeds the jurisdictional offer or the highest written offer prior to the jurisdictional offer by at least $700 $10,000 and at least 15%; or

AB40-ASA1, s. 945u Section 945u. 32.28 (3) (i) of the statutes is amended to read:

AB40-ASA1,441,12 32.28 (3) (i) The condemnee appeals an assessment of damages and benefits under s. 32.61 (3), if the judgment is at least $700 $10,000 and at least 15% greater than the award made by the city.

AB40-ASA1, s. 945y Section 945y. 32.28 (4) of the statutes is created to read:

AB40-ASA1,441,20 32.28 (4) (a) 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.

AB40-ASA1,442,2 (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.

AB40-ASA1, s. 947h Section 947h. 33.32 (3) (b) of the statutes is amended to read:

AB40-ASA1,442,9 33.32 (3) (b) If a county or municipality fails to pay a special assessment levied by a district, the clerk of the district may certify this fact to the department of administration, and shall state the amount due. The department, at the time of making the next scheduled distribution under s. 79.03 79.035, shall deduct the amount claimed from the payment due the county or municipality, and shall forward it to the district.

AB40-ASA1, s. 950 Section 950. 36.09 (1) (am) (intro.) of the statutes is amended to read:

AB40-ASA1,442,14 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-ASA1, s. 951b Section 951b. 36.09 (1) (e) of the statutes is amended to read:

AB40-ASA1,443,2 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 s. 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 s. 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-ASA1, s. 951f Section 951f. 36.09 (1) (i) of the statutes is repealed.

AB40-ASA1, s. 951k Section 951k. 36.09 (1) (j) of the statutes is amended to read:

AB40-ASA1,444,9 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 or 111.998, 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 paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees 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 (4g) 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 a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) (ae) and (am) to correct a salary inequity that results from the appointment of a person to a position identified in s. 20.923 (4g) (ae) and (am) unless the increase is approved by the office of state employment relations. 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 secretary of administration and director of the office of state 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.

AB40-ASA1, s. 951o Section 951o. 36.09 (1) (k) of the statutes is repealed.

AB40-ASA1, s. 951s Section 951s. 36.11 (8) (b) of the statutes is amended to read:

AB40-ASA1,444,18 36.11 (8) (b) The board shall establish fines for the violation of any rule made under par. (a). The institutions are authorized to collect such fines together with moneys collected from the sale of parking permits and other fees established under par. (a) and such moneys shall be paid into the state treasury and credited to s. 20.285 (1) (h), to be used only for the purpose of developing and operating parking or other transportation facilities at the institution at which collected and for enforcing parking rules under par. (a).

AB40-ASA1, s. 951w Section 951w. 36.11 (11) of the statutes is amended to read: