AB40-ASA1, s. 911 5Section 911. 26.37 (2) of the statutes is amended to read:
AB40-ASA1,422,186 26.37 (2) The department of natural resources may not expend moneys from
7the appropriations under s. 20.370 (5) (ax) or (6) (bt), 1997 stats., unless the
8department of natural resources and the department of commerce Wisconsin
9Economic Development Corporation
first submit to the joint committee on finance
10the plan required under sub. (1). If the cochairpersons of the joint committee on
11finance do not notify the department of natural resources within 14 working days
12after the date of the departments' submittal of the plan that the committee has
13scheduled a meeting to review the plan, the plan may be implemented and moneys
14may be expended as proposed by the department of natural resources. If, within 14
15days after the date of the departments' submittal of the plan, the cochairpersons of
16the committee notify the department of natural resources that the committee has
17scheduled a meeting to review the plan, moneys may be expended only after the plan
18has been approved by the committee.
AB40-ASA1, s. 911t 19Section 911t. 26.39 (3) of the statutes is repealed.
AB40-ASA1, s. 913e 20Section 913e. 28.05 (3) (am) of the statutes is created to read:
AB40-ASA1,423,621 28.05 (3) (am) The department shall, by rule, establish a program that allows
22cooperating foresters and private contractors to assist the state in regenerating
23harvested areas of state lands to meet the annual allowable timber harvest
24established under s. 28.025. The rule shall include provisions authorizing the
25department to contract with cooperating foresters and private contractors to conduct

1activities that promote artificial and natural forest regeneration including site
2preparation, invasive species control, and tree planting. The rule shall authorize
3cooperating foresters and private contractors with whom the department contracts
4under this paragraph to receive a portion of the proceeds from the sale of timber
5harvested from state lands on which the cooperating forester or private contractor
6provided assistance under the contract.
AB40-ASA1, s. 913g 7Section 913g. 28.05 (3) (b) of the statutes is renumbered 28.05 (3) (b) 1.
AB40-ASA1, s. 913i 8Section 913i. 28.05 (3) (b) 2. of the statutes is created to read:
AB40-ASA1,423,129 28.05 (3) (b) 2. Each cooperating forester or private contractor with whom the
10department contracts under par. (am) shall be entitled to receive the amount
11determined by the department as specified in the rule promulgated by the
12department under par. (am).
AB40-ASA1, s. 913k 13Section 913k. 28.05 (3) (c) of the statutes is amended to read:
AB40-ASA1,423,1914 28.05 (3) (c) Of the amount received by the department from each timber sale
15for which the department used the services of a cooperating forester or a private
16contractor
under this subsection, the department shall credit to the appropriation
17account under s. 20.370 (1) (cy) an amount equal to the portion of the sale proceeds
18that the department is required to pay to the cooperating forester or private
19contractor
.
AB40-ASA1, s. 913r 20Section 913r. 28.06 (2m) (a) of the statutes is renumbered 28.06 (2m) and
21amended to read:
AB40-ASA1,424,222 28.06 (2m) A person who purchases a seedling under sub. (2) shall pay, in
23addition to the price of the seedling charged under sub. (2), a surcharge for each
24seedling purchased. Beginning on September 1, 2001, and ending on June 30, 2002,
25the surcharge shall be 2 cents for each seedling. Beginning on July 1, 2002, the

1surcharge shall be 3 cents for each seedling. All surcharges collected under this
2paragraph subsection shall be deposited in the conservation fund.
AB40-ASA1, s. 913t 3Section 913t. 28.06 (2m) (b) of the statutes is repealed.
AB40-ASA1, s. 914m 4Section 914m. 29.598 (2) of the statutes is amended to read:
AB40-ASA1,424,95 29.598 (2) Match. No moneys may be transferred paid from the appropriation
6account under s. 20.370 (1) (mu) to pay for the costs associated with the agreement
7under sub. (1), unless the organization described in sub. (1) demonstrates that it has
8contributed an equal amount to pay for those costs. The matching contribution may
9be in the form of money or in-kind goods or services.
AB40-ASA1, s. 915 10Section 915. 30.121 (3w) (b) of the statutes is amended to read:
AB40-ASA1,424,1411 30.121 (3w) (b) The boathouse is located on land zoned exclusively for
12commercial or industrial purposes or the boathouse is located on a brownfield, as
13defined in s. 560.13 238.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3)
14(a).
AB40-ASA1, s. 916 15Section 916. 30.126 (5) (h) of the statutes is amended to read:
AB40-ASA1,424,2016 30.126 (5) (h) May not have improper toilets. No person may construct, place
17or maintain a fishing raft on authorized portions of the Wolf River if the fishing raft
18is equipped with a toilet which permits toilet waste to be disposed of in the waterway.
19A toilet on a fishing raft shall comply with rules of the department of commerce safety
20and professional services
as if the toilet were on a boat.
AB40-ASA1, s. 917 21Section 917. 30.443 (1) (a) of the statutes is amended to read:
AB40-ASA1,424,2522 30.443 (1) (a) Promulgate rules establishing standards for erosion prevention
23or control at sites in the riverway that are not subject to the standards established
24under s. 101.1206 (1) or 101.653 (2) or 281.33 (3m) (a) and that have a natural slope
25of 20% or less.
AB40-ASA1, s. 918
1Section 918. 30.443 (1) (b) of the statutes is amended to read:
AB40-ASA1,425,52 30.443 (1) (b) Promulgate rules establishing standards for erosion prevention
3or control that are in addition to standards established under ss. 101.1206 (1) and
4101.653 (2) and 281.33 (3m) (a) for sites in the riverway that are subject to those
5standards and that have a natural slope of 12% or more but 20% or less.
AB40-ASA1, s. 919 6Section 919. 30.443 (2) of the statutes is amended to read:
AB40-ASA1,425,107 30.443 (2) The board may impose any of the applicable standards established
8under sub. (1) (a) or (b) or ss. 101.1206 (1) or 101.653 (2) or 281.33 (3m) (a) as a
9condition for receiving a permit under s. 30.44 (1), and the board may promulgate
10rules to enforce these standards in the riverway.
AB40-ASA1, s. 920 11Section 920. 30.71 (4) of the statutes is amended to read:
AB40-ASA1,425,1412 30.71 (4) Any rules necessary to carry out the purposes of this section shall be
13promulgated jointly by the department of commerce safety and professional services
14and the department of natural resources.
AB40-ASA1, s. 921 15Section 921. 31.385 (2) (c) 1. of the statutes is amended to read:
AB40-ASA1,425,2116 31.385 (2) (c) 1. The department conducts an investigation or inspection of the
17dam under this chapter and the owner of the dam requests financial assistance under
18this section within 6 months after having received department directives, based on
19the department's investigation or inspection of the dam, for the repair, modification
20or abandonment and removal of the dam or for another activity to increase the safety
21of the dam.
AB40-ASA1, s. 921g 22Section 921g. 31.385 (2) (d) of the statutes is amended to read:
AB40-ASA1,425,2523 31.385 (2) (d) The financial assistance that is provided under this section shall
24be paid from the appropriations under s. 20.866 (2) (tL) and (tx), except as provided
25in par. (dm) and in 1991 Wisconsin Act 39, section 9142 (10d).
AB40-ASA1, s. 921m
1Section 921m. 31.385 (2) (dm) of the statutes is created to read:
AB40-ASA1,426,42 31.385 (2) (dm) Financial assistance that is provided under sub. (7) shall be
3paid from the appropriation under s. 20.866 (2) (ta) and shall be treated as moneys
4obligated from the subprogram under s. 23.0917 (3).
AB40-ASA1, s. 921r 5Section 921r. 31.385 (7) of the statutes is created to read:
AB40-ASA1,426,196 31.385 (7) Notwithstanding the limitations under sub. (2) (a), and beginning
7with fiscal year 2011-12 and ending with fiscal year 2019-20, the department shall
8set aside from the appropriation under s. 20.866 (2) (ta) not less than a total of
9$6,000,000 that may be obligated only to provide financial assistance to counties for
10projects to maintain, repair, modify, abandon, or remove dams. To be eligible for
11financial assistance, a county must be under an order issued by the department to
12maintain, repair, modify, abandon, or remove a dam that is owned by the county and
13the order must be in effect on the effective date of this subsection .... [LRB inserts
14date]. The amount of the financial assistance may not be for more than 25 percent
15of the costs of a project or $2,500,000, whichever is less. Subsection (2) (c) does not
16apply to a project for which financial assistance is provided under this subsection.
17A project need not be included under the inventory maintained by the department
18under sub. (4) in order for a county to receive financial assistance under this
19subsection.
AB40-ASA1, s. 922e 20Section 922e. 32.02 (11) of the statutes is amended to read:
AB40-ASA1,426,2521 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211;
22redevelopment authority created under s. 66.1333; community development
23authority created under s. 66.1335; local cultural arts district created under subch.
24V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under
25subch. II of ch. 229; or transit authority created under s. 66.1039.
AB40-ASA1, s. 922m
1Section 922m. 32.05 (1) (a) of the statutes is amended to read:
AB40-ASA1,427,222 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors
3or a county highway committee when so authorized by the county board of
4supervisors, a city council, a village board, a town board, a sewerage commission
5governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65,
6the secretary of transportation, a commission created by contract under s. 66.0301,
7a joint local water authority created by contract under s. 66.0823, a transit authority
8created under s. 66.1039,
a housing authority under ss. 66.1201 to 66.1211, a local
9exposition district created under subch. II of ch. 229, a local cultural arts district
10created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a
11community development authority under s. 66.1335 shall make an order providing
12for the laying out, relocation and improvement of the public highway, street, alley,
13storm and sanitary sewers, watercourses, water transmission and distribution
14facilities, mass transit facilities, airport, or other transportation facilities, gas or
15leachate extraction systems to remedy environmental pollution from a solid waste
16disposal facility, housing project, redevelopment project, cultural arts facilities,
17exposition center or exposition center facilities which shall be known as the
18relocation order. This order shall include a map or plat showing the old and new
19locations and the lands and interests required. A copy of the order shall, within 20
20days after its issue, be filed with the county clerk of the county wherein the lands are
21located or, in lieu of filing a copy of the order, a plat may be filed or recorded in
22accordance with s. 84.095.
AB40-ASA1, s. 922n 23Section 922n. 32.05 (2) (b) of the statutes is amended to read:
AB40-ASA1,428,1124 32.05 (2) (b) The condemnor shall provide the owner with a full narrative
25appraisal upon which the jurisdictional offer is based and a copy of any other

1appraisal made under par. (a) and at the same time shall inform the owner of his or
2her right to obtain an appraisal under this paragraph. The owner may obtain an
3appraisal by a qualified appraiser of all property proposed to be acquired, and may
4submit the reasonable costs of the appraisal to the condemnor for payment. The
5owner shall submit a full narrative appraisal to the condemnor within 60 days after
6the owner receives the condemnor's appraisal. If the owner does not accept a
7negotiated offer under sub. (2a) or the jurisdictional offer under sub. (3), the owner
8may use only an appraisal prepared received from the condemnor under this
9paragraph, or an appraisal submitted by the owner to the condemnor prior to the
10date of service or mailing of the jurisdictional offer or the date of publication if
11publication of the jurisdictional offer is necessary,
in any subsequent appeal.
AB40-ASA1, s. 922p 12Section 922p. 32.05 (2a) of the statutes is amended to read:
AB40-ASA1,429,2013 32.05 (2a) Negotiation. Before making the jurisdictional offer provided in sub.
14(3), the condemnor shall attempt to negotiate personally with the owner or one of the
15owners or his or her representative of the property sought to be taken for the
16purchase of the same. In such negotiation the condemnor shall consider the owner's
17appraisal under sub. (2) (b) and may contract to pay the items of compensation
18enumerated in ss. 32.09 and 32.19 as may be applicable to the property in one or more
19installments on such conditions as the condemnor and property owners may agree.
20Before attempting to negotiate under this paragraph, the condemnor shall provide
21the owner or his or her representative with copies of applicable pamphlets prepared
22under s. 32.26 (6). When negotiating under this subsection, the condemnor shall
23provide the owner or his or her representative with the names of at least 10
24neighboring landowners to whom offers are being made, or a list of all offerees if less
25than 10 owners are affected, together with a map showing all property affected by

1the project. Upon request by an owner or his or her representative, the condemnor
2shall provide the name of the owner of any other property which may be taken for
3the project. The owner or his or her representative shall also have the right, upon
4request, to examine any maps in the possession of the condemnor showing property
5affected by the project. The owner or his or her representative may obtain copies of
6such maps by tendering the reasonable and necessary costs of preparing copies. The
7condemnor shall record any conveyance by or on behalf of the owner of the property
8to the condemnor executed as a result of negotiations under this subsection with the
9register of deeds of the county in which the property is located. The conveyance shall
10state the identity of all persons having an interest of record in the property
11immediately prior to its conveyance, the legal description of the property, the nature
12of the interest acquired and the compensation for such acquisition. The condemnor
13shall serve upon or mail by certified mail to all persons named therein a copy of the
14conveyance and a notice of the right to appeal the amount of compensation under this
15subsection. Any person named in the conveyance may, within 6 months after the date
16of its recording, appeal from the amount of compensation therein stated in the
17manner set forth in subs. (9) to (12) and chs. 808 and 809 for appeals from an award
18under sub. (7). For purposes of any such appeal, the amount of compensation stated
19in the conveyance shall be treated as the award and the date the conveyance is
20recorded shall be treated as the date of taking and the date of evaluation
.
AB40-ASA1, s. 922r 21Section 922r. 32.06 (2) (b) of the statutes is amended to read:
AB40-ASA1,430,922 32.06 (2) (b) The condemnor shall provide the owner with a full narrative
23appraisal upon which the jurisdictional offer is based and a copy of any appraisal
24made under par. (a) and at the same time shall inform the owner of his or her right
25to obtain an appraisal under this paragraph. The owner may obtain an appraisal by

1a qualified appraiser of all property proposed to be acquired, and submit the
2reasonable costs of the appraisal to the condemnor for payment. The owner shall
3submit a full narrative appraisal to the condemnor within 60 days after the owner
4receives the condemnor's appraisal. If the owner does not accept a negotiated offer
5under sub. (2a) or the jurisdictional offer under sub. (3), the owner may use only an
6appraisal prepared received from the condemnor under this paragraph, or an
7appraisal submitted by the owner to the condemnor prior to the date of service or
8mailing of the jurisdictional offer or the date of publication if publication of the
9jurisdictional offer is necessary,
in any subsequent appeal.
AB40-ASA1, s. 922t 10Section 922t. 32.06 (2a) of the statutes is amended to read:
AB40-ASA1,431,2111 32.06 (2a) Agreed price. Before making the jurisdictional offer under sub. (3)
12the condemnor shall attempt to negotiate personally with the owner or one of the
13owners or his or her representative of the property sought to be taken for the
14purchase of the same. In such negotiation the condemnor shall consider the owner's
15appraisal under sub. (2) (b) and may contract to pay the items of compensation
16enumerated in ss. 32.09 and 32.19 where shown to exist. Before attempting to
17negotiate under this paragraph, the condemnor shall provide the owner or his or her
18representative with copies of applicable pamphlets prepared under s. 32.26 (6).
19When negotiating under this subsection, the condemnor shall provide the owner or
20his or her representative with the names of at least 10 neighboring landowners to
21whom offers are being made, or a list of all offerees if less than 10 owners are affected,
22together with a map showing all property affected by the project. Upon request by
23an owner or his or her representative, the condemnor shall provide the name of the
24owner of any other property which may be taken for the project. The owner or his
25or her representative shall also have the right, upon request, to examine any maps

1in the possession of the condemnor showing property affected by the project. The
2owner or his or her representative may obtain copies of such maps by tendering the
3reasonable and necessary costs of preparing copies. The condemnor shall record any
4conveyance by or on behalf of the owner of the property to the condemnor executed
5as a result of negotiations under this subsection with the register of deeds of the
6county in which the property is located. The condemnor shall also record a certificate
7of compensation stating the identity of all persons having an interest of record in the
8property immediately prior to its conveyance, the legal description of the property,
9the nature of the interest acquired and the compensation for such acquisition. The
10condemnor shall serve upon or mail by certified mail to all persons named therein
11a copy of the statement and a notice of the right to appeal the amount of compensation
12under this subsection. Any person named in the certificate may, within 6 months
13after the date of its recording, appeal from the amount of compensation therein
14stated by filing a petition with the judge of the circuit court of the county in which
15the property is located for proceedings to determine the amount of just compensation.
16Notice of such petition shall be given to all persons having an interest of record in
17such property. The judge shall forthwith assign the matter to the chairperson of the
18county condemnation commissioners for hearing under sub. (8). The procedures
19prescribed under subs. (9) (a) and (b), (10) and (12) and chs. 808 and 809 shall govern
20such appeals. The date the conveyance is recorded shall be treated as the date of
21taking and the date of evaluation
.
AB40-ASA1, s. 922v 22Section 922v. 32.07 (2) of the statutes is amended to read:
AB40-ASA1,432,823 32.07 (2) The petitioner shall determine necessity if application is by the state
24or any commission, department, board or other branch of state government or by a
25city, village, town, county, school district, board, commission, public officer,

1commission created by contract under s. 66.0301, joint local water authority under
2s. 66.0823, transit authority created under s. 66.1039, redevelopment authority
3created under s. 66.1333, local exposition district created under subch. II of ch. 229,
4local cultural arts district created under subch. V of ch. 229, housing authority
5created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100
6feet in width, for a telegraph, telephone or other electric line, for the right-of-way
7for a gas pipeline, main or service or for easements for the construction of any
8elevated structure or subway for railroad purposes.
AB40-ASA1, s. 923 9Section 923. 32.19 (2) (b) of the statutes is amended to read:
AB40-ASA1,432,1810 32.19 (2) (b) "Comparable dwelling" means one which, when compared with the
11dwelling being taken, is substantially equal concerning all major characteristics and
12functionally equivalent with respect to: the number and size of rooms and closets,
13area of living space, type of construction, age, state of repair, size and utility of any
14garage or other outbuilding, type of neighborhood and accessibility to public services
15and places of employment. "Comparable dwelling" shall meet all of the standard
16building requirements and other code requirements of the local governmental body
17and shall also be decent, safe and sanitary and within the financial means of the
18displaced person, as defined by the department of commerce administration.
AB40-ASA1, s. 924 19Section 924. 32.19 (2) (e) 1. b. of the statutes is amended to read:
AB40-ASA1,432,2320 32.19 (2) (e) 1. b. As a result of rehabilitation, demolition or other displacing
21activity, as determined by the department of commerce administration, if the person
22is a tenant-occupant of a dwelling, business or farm operation and the displacement
23is permanent.
AB40-ASA1, s. 925 24Section 925. 32.19 (3) (b) 1. of the statutes is amended to read:
AB40-ASA1,433,5
132.19 (3) (b) 1. `Dwellings.' Any displaced person who moves from a dwelling
2and who elects to accept the payments authorized by this paragraph in lieu of the
3payments authorized by par. (a) may receive an expense and dislocation allowance,
4determined according to a schedule established by the department of commerce
5administration.
AB40-ASA1, s. 926 6Section 926. 32.19 (3) (b) 2. of the statutes is amended to read:
AB40-ASA1,433,157 32.19 (3) (b) 2. `Business and farm operations.' Any displaced person who
8moves or discontinues his or her business or farm operation, is eligible under criteria
9established by the department of commerce administration by rule and elects to
10accept payment authorized under this paragraph in lieu of the payment authorized
11under par. (a), may receive a fixed payment in an amount determined according to
12criteria established by the department of commerce administration by rule, except
13that such payment shall not be less than $1,000 nor more than $20,000. A person
14whose sole business at the displacement dwelling is the rental of such property to
15others is not eligible for a payment under this subdivision.
AB40-ASA1, s. 927 16Section 927. 32.19 (3) (c) of the statutes is amended to read:
AB40-ASA1,433,2417 32.19 (3) (c) Optional payment for businesses. Any displaced person who moves
18his or her business, and elects to accept the payment authorized in par. (a), may, if
19otherwise qualified under par. (b) 2., elect to receive the payment authorized under
20par. (b) 2., minus whatever payment the displaced person received under par. (a), if
21the displaced person discontinues the business within 2 years of the date of receipt
22of payment under par. (a), provided that the displaced person meets eligibility
23criteria established by the department of commerce administration by rule. In no
24event may the total combined payment be less than $1,000 nor more than $20,000.
AB40-ASA1, s. 928 25Section 928. 32.19 (4) (a) 2. of the statutes is amended to read:
AB40-ASA1,434,9
132.19 (4) (a) 2. The amount of increased interest expenses and other debt
2service costs incurred by the owner to finance the purchase of another property
3substantially similar to the property taken, if at the time of the taking the land
4acquired was subject to a bona fide mortgage or was held under a vendee's interest
5in a bona fide land contract, and such mortgage or land contract had been executed
6in good faith not less than 180 days prior to the initiation of negotiations for the
7acquisition of such property. The computation of the increased interest costs shall
8be determined according to rules promulgated by the department of commerce
9administration.
AB40-ASA1, s. 929 10Section 929. 32.19 (4) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,434,2011 32.19 (4) (b) Tenants and certain others. (intro.) In addition to amounts
12otherwise authorized by this subchapter, the condemnor shall make a payment to
13any individual or family displaced from any dwelling which was actually and
14lawfully occupied by such individual or family for not less than 90 days prior to the
15initiation of negotiations for the acquisition of such property or, if displacement is not
16a direct result of acquisition, such other event as determined by the department of
17commerce administration by rule. For purposes of this paragraph, a corporation
18organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17),
19may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations
20under par. (bm), such payment shall be either:
AB40-ASA1, s. 930 21Section 930. 32.19 (4m) (a) 2. of the statutes is amended to read:
AB40-ASA1,435,422 32.19 (4m) (a) 2. The amount, if any, which will compensate such owner
23displaced person for any increased interest and other debt service costs which such
24person is required to pay for financing the acquisition of any replacement property,
25if the property acquired was encumbered by a bona fide mortgage or land contract

1which was a valid lien on the property for at least one year prior to the initiation of
2negotiations for its acquisition. The amount under this subdivision shall be
3determined according to rules promulgated by the department of commerce
4administration.
AB40-ASA1, s. 931 5Section 931. 32.19 (4m) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,435,166 32.19 (4m) (b) Tenant-occupied business or farm operation. (intro.) In addition
7to amounts otherwise authorized by this subchapter, the condemnor shall make a
8payment to any tenant displaced person who has owned and occupied the business
9operation, or owned the farm operation, for not less than one year prior to initiation
10of negotiations for the acquisition of the real property on which the business or farm
11operation lies or, if displacement is not a direct result of acquisition, such other event
12as determined by the department of commerce administration, and who actually
13rents or purchases a comparable replacement business or farm operation for the
14displaced business or farm operation within 2 years after the date the person vacates
15the acquired property. At the option of the tenant displaced person, such payment
16shall be either:
AB40-ASA1, s. 932 17Section 932. 32.19 (4m) (b) 1. of the statutes is amended to read:
AB40-ASA1,435,2518 32.19 (4m) (b) 1. The amount, not to exceed $30,000, which is necessary to lease
19or rent a comparable replacement business or farm operation for a period of 4 years.
20The payment shall be computed by determining the average monthly rent paid for
21the property from which the person was displaced for the 12 months prior to the
22initiation of negotiations or, if displacement is not a direct result of acquisition, such
23other event as determined by the department of commerce administration and the
24monthly rent of a comparable replacement business or farm operation, and
25multiplying the difference by 48; or
AB40-ASA1, s. 933
1Section 933. 32.197 of the statutes is amended to read:
AB40-ASA1,436,12 232.197 Waiver of relocation assistance. An owner-occupant of property
3being acquired may waive his or her right to receive any relocation payments or
4services under this subchapter if the property being acquired is not contiguous to any
5property which may be acquired by the condemnor and is not part of a previously
6identified or proposed project where it is reasonable to conclude that acquisition by
7the condemnor may occur in the foreseeable future. Prior to the execution of any
8waiver under this section, the condemnor shall provide to the owner-occupant, in
9writing, full information about the specific payments and services being waived by
10the owner-occupant. The department of commerce administration shall by rule
11establish procedures for relocation assistance waivers under this section to ensure
12that the waivers are voluntarily and knowledgeably executed.
AB40-ASA1, s. 934 13Section 934. 32.20 of the statutes is amended to read:
AB40-ASA1,437,5 1432.20 Procedure for collection of itemized items of compensation.
15Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the
16condemnor carrying on the project through which condemnee's or claimant's claims
17arise. All such claims must be filed after the damages upon which they are based
18have fully materialized but not later than 2 years after the condemnor takes physical
19possession of the entire property acquired or such other event as determined by the
20department of commerce administration by rule. If such claim is not allowed within
2190 days after the filing thereof, the claimant has a right of action against the
22condemnor carrying on the project through which the claim arises. Such action shall
23be commenced in a court of record in the county wherein the damages occurred. In
24causes of action, involving any state commission, board or other agency, excluding
25counties, the sum recovered by the claimant shall be paid out of any funds

1appropriated to such condemning agency. Any judgment shall be appealable by
2either party and any amount recovered by the body against which the claim was filed,
3arising from costs, counterclaims, punitive damages or otherwise may be used as an
4offset to any amount owed by it to the claimant, or may be collected in the same
5manner and form as any other judgment.
AB40-ASA1, s. 935 6Section 935. 32.25 (1) of the statutes is amended to read:
AB40-ASA1,437,117 32.25 (1) Except as provided under sub. (3) and s. 85.09 (4m), no condemnor
8may proceed with any activity that may involve the displacement of persons,
9business concerns or farm operations until the condemnor has filed in writing a
10relocation payment plan and relocation assistance service plan and has had both
11plans approved in writing by the department of commerce administration.
AB40-ASA1, s. 936 12Section 936. 32.25 (2) (h) of the statutes is amended to read:
AB40-ASA1,437,2013 32.25 (2) (h) Assure that, within a reasonable time prior to displacement, there
14will be available, to the extent that may reasonably be accomplished, housing
15meeting the standards established by the department of commerce administration
16for decent, safe and sanitary dwellings. The housing, so far as practicable, shall be
17in areas not generally less desirable in regard to public utilities, public and
18commercial facilities and at rents or prices within the financial means of the families
19and individuals displaced and equal in number to the number of such displaced
20families or individuals and reasonably accessible to their places of employment.
AB40-ASA1, s. 937 21Section 937. 32.26 (title) of the statutes is amended to read:
AB40-ASA1,437,22 2232.26 (title) Authority of the department of commerce administration.
AB40-ASA1, s. 938 23Section 938. 32.26 (1) of the statutes is amended to read:
AB40-ASA1,438,3
132.26 (1) In addition to all other powers granted in this subchapter, the
2department of commerce administration shall formulate local standards for decent,
3safe and sanitary dwelling accommodations.
AB40-ASA1, s. 939 4Section 939. 32.26 (2) (a) of the statutes is amended to read:
AB40-ASA1,438,65 32.26 (2) (a) The department of commerce administration shall promulgate
6rules to implement and administer ss. 32.19 to 32.27.
AB40-ASA1, s. 940 7Section 940. 32.26 (2) (b) of the statutes is amended to read:
AB40-ASA1,438,118 32.26 (2) (b) The department of commerce administration and the department
9of transportation shall establish interdepartmental liaison procedures for the
10purpose of cooperating and exchanging information to assist the department of
11commerce administration in promulgating rules under par. (a).
AB40-ASA1, s. 941 12Section 941. 32.26 (3) of the statutes is amended to read:
AB40-ASA1,438,1813 32.26 (3) The department of commerce administration may make
14investigations to determine if the condemnor is complying with ss. 32.19 to 32.27.
15The department may seek an order from the circuit court requiring a condemnor to
16comply with ss. 32.19 to 32.27 or to discontinue work on that part of the project which
17is not in substantial compliance with ss. 32.19 to 32.27. The court shall give hearings
18on these actions precedence on the court's calendar.
AB40-ASA1, s. 942 19Section 942. 32.26 (4) of the statutes is amended to read:
AB40-ASA1,438,2320 32.26 (4) Upon the request of the department of commerce administration, the
21attorney general shall aid and prosecute all necessary actions or proceedings for the
22enforcement of this subchapter and for the punishment of all violations of this
23subchapter.
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