Amendment ASA1-AB40

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:

AB40-ASA1,445,4 36.11 (11) Surplus money. The board may invest any of the surplus money designated in s. 20.285 (1) (h), 2009 stats., in such securities as are legal for trust fund investments; or invest such funds or any part thereof, in the senior or junior bonds or obligations which may be issued by such nonprofit-sharing corporation as may be contracted with by the board for the construction or equipment of dormitories, commons or field houses, which bonds or obligations shall be secured by a mortgage or pledge of the buildings or improvements erected or to be erected by such corporations and by a mortgage or pledge of its leasehold interest. Any interest on any of such bonds or securities shall when received be added to the revolving funds and may be used for the purposes set forth in this subsection.

AB40-ASA1, s. 951y Section 951y. 36.11 (29m) of the statutes is repealed.

AB40-ASA1, s. 959 Section 959. 36.11 (29r) (b) of the statutes is renumbered 36.11 (29r) (b) 2. and amended to read:

AB40-ASA1,445,15 36.11 (29r) (b) 2. Annually, no later than October 1, the board shall submit to the joint legislative audit committee and to the appropriate standing committees of the legislature under s. 13.172 (3) a comprehensive report assessing economic development programs administered by the board. The report shall include all of the information required under s. 560.01 (2) (am) 238.07 (2). The board shall collaborate with the department of commerce Wisconsin Economic Development Corporation to make readily accessible to the public on an Internet-based system the information required under this subsection.

AB40-ASA1, s. 960 Section 960. 36.11 (29r) (b) 1. of the statutes is created to read:

AB40-ASA1,445,18 36.11 (29r) (b) 1. The board shall coordinate any economic development assistance with the Wisconsin Economic Development Corporation.

AB40-ASA1, s. 970b Section 970b. 36.11 (49) (title) of the statutes is repealed.

AB40-ASA1, s. 970d Section 970d. 36.11 (49) of the statutes is renumbered 36.585 (2) and amended to read:

AB40-ASA1,446,2 36.585 (2) The board may use telecommunications services , including data and voice over Internet services, procured by the board only for the purpose of carrying out its mission. The board shall not offer, resell, or provide telecommunications services, including data and voice over Internet services directly or indirectly, that are available from a private telecommunications carrier to the general public or to any other public or private entity.

AB40-ASA1, s. 970f Section 970f. 36.11 (53) and (53m) of the statutes are created to read:

AB40-ASA1,446,22 36.11 (53) Bidding procedures; building projects. The board shall prescribe bidding procedures to be used by the system for building projects that are exempted from compliance with s. 16.855. Prior to the implementation of any such procedures or changes thereto, the board shall submit a copy of the proposed procedures or changes thereto in final form to the department of administration, for transmittal to the building commission. If the building commission does not approve the procedures or changes thereto, the board shall not implement the procedures or changes. If the building commission approves the proposed procedures or changes thereto, the department shall transmit the proposed procedures or changes thereto to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed procedures or changes thereto within 14 working days after the date of the department's submittal to the cochairpersons, the board may implement the proposed procedures or changes thereto if otherwise authorized to do so. If, within 14 working days after the date of the department's submittal, the cochairpersons notify the board that the committee has scheduled a meeting for the purpose of reviewing the proposed procedures or changes thereto, the board shall not implement the proposed procedures or changes without the approval of the committee.

AB40-ASA1,446,25 (53m) Designation of building projects. The board shall not designate any part of a state building project that is subject to approval under s. 13.48 (10) (a) as a separate building project.

AB40-ASA1, s. 970h Section 970h. 36.11 (56) of the statutes is created to read:

AB40-ASA1,447,4 36.11 (56) Travel policies. Effective July 1, 2013, the board shall establish travel policies for system employees and a schedule for the reimbursement of system employees for travel expenses.

AB40-ASA1, s. 970j Section 970j. 36.11 (57) of the statutes is created to read:

AB40-ASA1,447,8 36.11 (57) General purpose revenue block grants. The board shall allocate moneys appropriated to the board under s. 20.285 (1) (a) to the institutions, college campuses, and extension as block grants.

AB40-ASA1, s. 970L Section 970L. 36.115 of the statutes is created to read:

AB40-ASA1,447,11 36.115 Personnel systems. (1) In this section, "chancellor" means the chancellor of the University of Wisconsin-Madison.

AB40-ASA1,447,14 (2) The board shall develop a personnel system that is separate and distinct from the personnel system under ch. 230 for all system employees except system employees assigned to the University of Wisconsin-Madison.