AB40: Bill Text

AB40, s. 892 Section 892. 25.49 (1m) of the statutes is renumbered 25.46 (5k).

AB40, s. 893 Section 893. 25.49 (2) of the statutes is renumbered 25.46 (5L).

AB40, s. 894 Section 894. 25.49 (3) of the statutes is amended to read:

AB40,473,17 25.49 (3) The fees imposed amounts required under s. 289.645 (6) to be deposited in the economic development fund.

AB40, s. 895 Section 895. 25.50 (1) (d) of the statutes is amended to read:

AB40,474,3 25.50 (1) (d) "Local government" means any county, town, village, city, power district, sewerage district, drainage district, town sanitary district, public inland lake protection and rehabilitation district, local professional baseball park district created under subch. III of ch. 229, long-term care district under s. 46.2895, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, public library system, school district or technical college district in this state, any commission, committee, board or officer of any governmental subdivision of this state, any court of this state, other than the court of appeals or the supreme court, or any authority created under s. 37.02 (1), 114.61, 149.41, 231.02, 233.02 or 234.02.

AB40, s. 896 Section 896. 25.50 (3) (a) of the statutes is amended to read:

AB40,474,7 25.50 (3) (a) With the consent of the governing body, a local official may transfer local funds to the state treasurer department of administration for deposit in the fund.

AB40, s. 897 Section 897. 25.50 (3m) of the statutes is created to read:

AB40,474,11 25.50 (3m) Notwithstanding sub. (3) (a), each day, the authority created under s. 37.02 (1) shall transfer to the state treasurer for deposit into the fund the collected net cash balance from all sources except gifts, grants, and donations.

AB40, s. 898 Section 898. 25.50 (4) of the statutes is amended to read:

AB40,474,16 25.50 (4) Period of investments; withdrawal of funds. Subject to the right of the local government to specify the period in which its funds may be held in the fund, the state treasurer department of administration shall prescribe the mechanisms and procedures for deposits and withdrawals.

AB40, s. 899 Section 899. 25.50 (5m) (a) of the statutes is amended to read:

AB40,475,2 25.50 (5m) (a) The board, in cooperation with the department of administration, shall provide information necessary for the state treasurer to provide a monthly report to each local government having an investment in the fund. The board shall use all reasonable efforts to provide the information to the state treasurer in time to allow the treasurer to mail or electronically transmit the report to the local government no later than 6 business days after the end of the month covered by the report. The report shall include information on the fund's earnings for the month, with comparison to appropriate indexes or benchmarks in the private sector.

AB40, s. 900 Section 900. 25.50 (7) of the statutes is amended to read:

AB40,475,10 25.50 (7) Reimbursement of expenses. The state treasurer department of administration shall deduct monthly from the earnings of the fund during the preceding calendar month an amount sufficient to cover all actual and necessary expenses incurred by the state in administering the fund in the preceding calendar month, except that in no fiscal year may the state treasurer department of administration deduct an amount exceeding the amount appropriated under s. 20.585 20.505 (1) (g) (gc) for that fiscal year.

AB40, s. 901 Section 901. 25.50 (8) (b) of the statutes is amended to read:

AB40,475,14 25.50 (8) (b) The state treasurer department of administration shall report monthly to each local official the deposits and withdrawals of the preceding month and any other activity within the account.

AB40, s. 902 Section 902. 25.50 (9) of the statutes is amended to read:

AB40,475,17 25.50 (9) Rules. The state treasurer department of administration may promulgate rules to carry out the purposes of this section.

AB40, s. 903 Section 903. 25.50 (10) of the statutes is amended to read:

AB40,475,21 25.50 (10) Insurance of principal. The state treasurer department of administration may obtain insurance for the safety of the principal investments of the fund. The insurance is a reimbursable expense under sub. (7).

AB40, s. 904 Section 904. 25.80 of the statutes is amended to read:

AB40,475,25 25.80 Tuition trust fund. There is established a separate nonlapsible trust fund designated as the tuition trust fund, consisting of all revenue from enrollment fees and the sale of tuition units under s. 14.63 16.64.

AB40, s. 905 Section 905. 25.85 of the statutes is amended to read:

AB40,476,8 25.85 College savings program trust fund. There is established a separate nonlapsible trust fund designated as the college savings program trust fund, consisting of all revenue from enrollment fees for and contributions to college savings accounts under s. 14.64 16.641 and from distributions and fees paid by the vendor under s. 16.255 (3) other than revenue from those sources that is deposited in the college savings program bank deposit trust fund or the college savings program credit union deposit trust fund.

AB40, s. 906 Section 906. 25.853 of the statutes is amended to read:

AB40,476,19 25.853 College savings program bank deposit trust fund. There is established a separate nonlapsible trust fund designated as the college savings program bank deposit trust fund, consisting of all revenue from enrollment fees for and contributions to college savings accounts under s. 14.64 16.641 in which the investment instrument is an account held by a state or national bank, a state or federal savings bank, a state or federal savings and loan association, or a savings and trust company that has its main office or home office or a branch office in this state and that is insured by the Federal Deposit Insurance Corporation, and all revenue from distributions and fees paid by the vendors of those investment instruments under s. 16.255 (3).

AB40, s. 907 Section 907. 25.855 of the statutes is amended to read:

AB40,477,4 25.855 College savings program credit union deposit trust fund. There is established a separate nonlapsible trust fund designated as the college savings program credit union deposit trust fund, consisting of all revenue from enrollment fees for and contributions to college savings accounts under s. 14.64 16.641 in which the investment instrument is an account held by a state or federal credit union, including a corporate central credit union organized under s. 186.32, that has its main office or home office or a branch office located in this state and that is insured by the National Credit Union Administration, and all revenue from distributions and fees paid by the vendors of those investment instruments under s. 16.255 (3).

AB40, s. 908 Section 908. 26.02 (1) (intro.) of the statutes is amended to read:

AB40,477,9 26.02 (1) Duties. (intro.) The council on forestry shall advise the governor, the legislature, the department of natural resources, the department of commerce, and other state agencies, as determined to be appropriate by the council, on all of the following topics as they affect forests located in this state:

AB40, s. 909 Section 909. 26.37 (1) (intro.) of the statutes is amended to read:

AB40,477,15 26.37 (1) (intro.) The department of natural resources and the department of commerce shall jointly develop a plan to establish a lake states wood utilization consortium to provide research, development, and demonstration grants to enhance the forest products industry in Wisconsin and other states. The plan shall do all of the following:

AB40, s. 910 Section 910. 26.37 (1) (b) of the statutes is amended to read:

AB40,477,20 26.37 (1) (b) Establish an implementation committee for the consortium. Members of the committee may include one or more representatives from the department of natural resources, the department of commerce Wisconsin Economic Development Corporation, and the forest products industry.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

AB40,481,20 32.19 (2) (b) "Comparable dwelling" means one which, when compared with the dwelling being taken, is substantially equal concerning all major characteristics and functionally equivalent with respect to: the number and size of rooms and closets, area of living space, type of construction, age, state of repair, size and utility of any garage or other outbuilding, type of neighborhood and accessibility to public services and places of employment. "Comparable dwelling" shall meet all of the standard building requirements and other code requirements of the local governmental body and shall also be decent, safe and sanitary and within the financial means of the displaced person, as defined by the department of commerce safety and professional services.

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

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

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

AB40,482,6 32.19 (3) (b) 1. `Dwellings.' Any displaced person who moves from a dwelling and who elects to accept the payments authorized by this paragraph in lieu of the payments authorized by par. (a) may receive an expense and dislocation allowance, determined according to a schedule established by the department of commerce safety and professional services.

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

AB40,482,17 32.19 (3) (b) 2. `Business and farm operations.' Any displaced person who moves or discontinues his or her business or farm operation, is eligible under criteria established by the department of commerce safety and professional services by rule and elects to accept payment authorized under this paragraph in lieu of the payment authorized under par. (a), may receive a fixed payment in an amount determined according to criteria established by the department of commerce safety and professional services by rule, except that such payment shall not be less than $1,000 nor more than $20,000. A person whose sole business at the displacement dwelling is the rental of such property to others is not eligible for a payment under this subdivision.

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

AB40,483,2 32.19 (3) (c) Optional payment for businesses. Any displaced person who moves his or her business, and elects to accept the payment authorized in par. (a), may, if otherwise qualified under par. (b) 2., elect to receive the payment authorized under par. (b) 2., minus whatever payment the displaced person received under par. (a), if the displaced person discontinues the business within 2 years of the date of receipt of payment under par. (a), provided that the displaced person meets eligibility criteria established by the department of commerce safety and professional services by rule. In no event may the total combined payment be less than $1,000 nor more than $20,000.

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

AB40,483,12 32.19 (4) (a) 2. The amount of increased interest expenses and other debt service costs incurred by the owner to finance the purchase of another property substantially similar to the property taken, if at the time of the taking the land acquired was subject to a bona fide mortgage or was held under a vendee's interest in a bona fide land contract, and such mortgage or land contract had been executed in good faith not less than 180 days prior to the initiation of negotiations for the acquisition of such property. The computation of the increased interest costs shall be determined according to rules promulgated by the department of commerce safety and professional services.

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

AB40,483,23 32.19 (4) (b) Tenants and certain others. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any individual or family displaced from any dwelling which was actually and lawfully occupied by such individual or family for not less than 90 days prior to the initiation of negotiations for the acquisition of such property or, if displacement is not a direct result of acquisition, such other event as determined by the department of commerce safety and professional services by rule. For purposes of this paragraph, a corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), may, if otherwise eligible, be considered a displaced tenant. Subject to the limitations under par. (bm), such payment shall be either:

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

AB40,484,8 32.19 (4m) (a) 2. The amount, if any, which will compensate such owner displaced person for any increased interest and other debt service costs which such person is required to pay for financing the acquisition of any replacement property, if the property acquired was encumbered by a bona fide mortgage or land contract which was a valid lien on the property for at least one year prior to the initiation of negotiations for its acquisition. The amount under this subdivision shall be determined according to rules promulgated by the department of commerce safety and professional services.

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

AB40,484,20 32.19 (4m) (b) Tenant-occupied business or farm operation. (intro.) In addition to amounts otherwise authorized by this subchapter, the condemnor shall make a payment to any tenant displaced person who has owned and occupied the business operation, or owned the farm operation, for not less than one year prior to initiation of negotiations for the acquisition of the real property on which the business or farm operation lies or, if displacement is not a direct result of acquisition, such other event as determined by the department of commerce safety and professional services, and who actually rents or purchases a comparable replacement business or farm operation for the displaced business or farm operation within 2 years after the date the person vacates the acquired property. At the option of the tenant displaced person, such payment shall be either:

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

AB40,485,4 32.19 (4m) (b) 1. The amount, not to exceed $30,000, which is necessary to lease or rent a comparable replacement business or farm operation for a period of 4 years. The payment shall be computed by determining the average monthly rent paid for the property from which the person was displaced for the 12 months prior to the initiation of negotiations or, if displacement is not a direct result of acquisition, such other event as determined by the department of commerce safety and professional services and the monthly rent of a comparable replacement business or farm operation, and multiplying the difference by 48; or

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

AB40,485,16 32.197 Waiver of relocation assistance. An owner-occupant of property being acquired may waive his or her right to receive any relocation payments or services under this subchapter if the property being acquired is not contiguous to any property which may be acquired by the condemnor and is not part of a previously identified or proposed project where it is reasonable to conclude that acquisition by the condemnor may occur in the foreseeable future. Prior to the execution of any waiver under this section, the condemnor shall provide to the owner-occupant, in writing, full information about the specific payments and services being waived by the owner-occupant. The department of commerce safety and professional services shall by rule establish procedures for relocation assistance waivers under this section to ensure that the waivers are voluntarily and knowledgeably executed.

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

AB40,486,9 32.20 Procedure for collection of itemized items of compensation. Claims for damages itemized in ss. 32.19 and 32.195 shall be filed with the condemnor carrying on the project through which condemnee's or claimant's claims arise. All such claims must be filed after the damages upon which they are based have fully materialized but not later than 2 years after the condemnor takes physical possession of the entire property acquired or such other event as determined by the department of commerce safety and professional services by rule. If such claim is not allowed within 90 days after the filing thereof, the claimant has a right of action against the condemnor carrying on the project through which the claim arises. Such action shall be commenced in a court of record in the county wherein the damages occurred. In causes of action, involving any state commission, board or other agency, excluding counties, the sum recovered by the claimant shall be paid out of any funds appropriated to such condemning agency. Any judgment shall be appealable by either party and any amount recovered by the body against which the claim was filed, arising from costs, counterclaims, punitive damages or otherwise may be used as an offset to any amount owed by it to the claimant, or may be collected in the same manner and form as any other judgment.

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

AB40,486,16 32.25 (1) Except as provided under sub. (3) and s. 85.09 (4m), no condemnor may proceed with any activity that may involve the displacement of persons, business concerns or farm operations until the condemnor has filed in writing a relocation payment plan and relocation assistance service plan and has had both plans approved in writing by the department of commerce safety and professional services.

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

AB40,487,2 32.25 (2) (h) Assure that, within a reasonable time prior to displacement, there will be available, to the extent that may reasonably be accomplished, housing meeting the standards established by the department of commerce safety and professional services for decent, safe and sanitary dwellings. The housing, so far as practicable, shall be in areas not generally less desirable in regard to public utilities, public and commercial facilities and at rents or prices within the financial means of the families and individuals displaced and equal in number to the number of such displaced families or individuals and reasonably accessible to their places of employment.

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