AB21,1046
16Section
1046. 27.01 (10) (d) 6. of the statutes is amended to read:
AB21,526,1917
27.01
(10) (d) 6. The camping fee for each night at a campsite in a campground
18which is classified as a Type "C" campground by the department is
$10 $12 for a
19nonresident camping party.
AB21,1047
20Section
1047. 27.019 (12) of the statutes is amended to read:
AB21,526,2521
27.019
(12) Cooperation of state departments. The department of
22agriculture, trade and consumer protection, the department of administration, the
23department of natural resources and the agricultural extension division of the
24University of Wisconsin
System Authority shall cooperate with the several county
25rural planning committees in carrying out this section.
AB21,1048
1Section
1048. 28.07 of the statutes is amended to read:
AB21,527,7
228.07 Cooperation. The department may cooperate with the University of
3Wisconsin System
Authority, with departments and agencies of this or other states,
4with federal agencies and with counties, towns, corporations and individuals, to
5promote the best interest of the people and the state in forest surveys, research in
6forestry and related subjects, forest protection and in assistance to landowners to
7secure adoption of better forestry practice.
AB21,1049
8Section
1049. 28.11 (5m) of the statutes is repealed.
AB21,1050
9Section
1050. 28.11 (11) (a) 4. d. of the statutes is amended to read:
AB21,527,1110
28.11
(11) (a) 4. d. One member appointed by the University of Wisconsin
11System Authority from the College of Agricultural and Life Sciences.
AB21,1051
12Section
1051. 29.036 (1) (intro.) of the statutes is amended to read:
AB21,527,1613
29.036
(1) (intro.) The sporting heritage council shall study, and provide advice
14and make recommendations to the governor, the
natural resources board secretary,
15and the legislature about, issues relating to hunting, trapping, fishing, and other
16types of outdoor recreation activities including all of the following:
AB21,1052
17Section
1052. 29.036 (2) of the statutes is amended to read:
AB21,527,2518
29.036
(2) The sporting heritage council shall prepare a biennial report on the
19status of the recruitment and retention of hunters, trappers, and anglers in this
20state. The sporting heritage council shall submit its initial report under this
21subsection no later than July 1, 2014, and shall submit subsequent reports no later
22than July 1 of each even-numbered year thereafter, to the governor, to the
23chairperson of the natural resources board secretary, and to the chief clerk of each
24house of the legislature, for distribution to the appropriate standing committees
25under s. 13.172 (3).
AB21,1053
1Section
1053. 29.089 (1m) (b) 2. of the statutes is amended to read:
AB21,528,72
29.089
(1m) (b) 2. The
natural resources board secretary determines that
3prohibiting hunting, fishing, or trapping is necessary to protect public safety or to
4protect a unique animal or plant community.
A determination to prohibit hunting,
5fishing, or trapping in a state park or a portion of a state park under this subdivision
6requires 4 or more members of the natural resources board to concur in that
7determination.
AB21,1054
8Section
1054. 29.506 (7m) (a) of the statutes is amended to read:
AB21,528,139
29.506
(7m) (a) The department shall issue a taxidermy school permit to a
10person who applies for the permit; who, on August 15, 1991, holds a valid
11taxidermist permit issued under this section; and who, on August 15, 1991, operates
12a taxidermy school approved by the educational approval board under s.
38.50 38.51,
131989 stats.
AB21,1055
14Section
1055. 29.541 (1) (a) (intro.) of the statutes is amended to read:
AB21,528,1815
29.541
(1) (a) (intro.) Except as authorized under s. 29.934 (2) or
254.715 1697.305, no innkeeper, manager or steward of any restaurant, club, hotel, boarding
17house, tavern, logging camp or mining camp may sell, barter, serve or give, or cause
18to be sold, bartered, served or given, to its guests or boarders any of the following:
AB21,1056
19Section
1056. 29.598 of the statutes is repealed.
AB21,1057
20Section
1057. 29.605 of the statutes is repealed.
AB21,1058
21Section
1058. 29.736 (1) (b) of the statutes is amended to read:
AB21,528,2422
29.736
(1) (b) "Qualified inspector" means a veterinarian licensed under ch.
23453 89 or a person who is qualified to provide evidence of fish health under s. 95.60
24(4s) (c).
AB21,1059
25Section
1059. 29.921 (5) of the statutes is amended to read:
AB21,529,19
129.921
(5) Additional arrest powers. In addition to the arrest powers under
2sub. (1), a warden who has completed a program of law enforcement training
3approved by the law enforcement standards board, has been certified as qualified to
4be a law enforcement officer under s. 165.85 (4) (a) 1. and has complied with any
5applicable requirements under s. 165.85 (4) (a) 7. while on duty and in uniform or on
6duty and upon display of proper credentials may assist another law enforcement
7agency as defined under s. 165.85 (2) (bv) including making an arrest at the request
8of the agency, may arrest a person pursuant to an arrest warrant concerning the
9commission of a felony or may arrest a person who has committed a crime in the
10presence of the warden. If the warden makes an arrest without the presence of
11another law enforcement agency, the warden shall cause the person arrested to be
12delivered to the chief of police or sheriff in the jurisdiction where the arrest is made,
13along with the documents and reports pertaining to the arrest. The warden shall be
14available as a witness for the state. A warden may not conduct investigations for
15violations of state law except as authorized in ss. 23.11 (4), 29.924 (1) and
41.41 1623.0927 (12). A warden acting under the authority of this subsection is considered
17an employee of the department and is subject to its direction, benefits and legal
18protection. The authority granted in this section does not apply to county
19conservation wardens or special conservation wardens.
AB21,1060
20Section
1060. 29.944 of the statutes is amended to read:
AB21,529,25
2129.944 Exemption from liability. Members of the natural resources board,
22and each Each warden, in the performance of official duties,
are is exempt from
23liability to any person for acts done or permitted or property destroyed by authority
24of law. No taxable costs or attorney fees shall be allowed to either party in an action
25against
a member of the natural resources board or a warden.
AB21,1061
1Section
1061. 30.121 (3w) (b) of the statutes is amended to read:
AB21,530,52
30.121
(3w) (b) The boathouse is located on land zoned exclusively for
3commercial or industrial purposes or the boathouse is located on a brownfield, as
4defined in s.
238.13 235.13 (1) (a), or in a blighted area, as defined in s. 66.1331 (3)
5(a).
AB21,1062
6Section
1062. 30.255 of the statutes is repealed.
AB21,1063
7Section
1063. 30.41 (1) of the statutes is amended to read:
AB21,530,98
30.41
(1) There is created a Lower Wisconsin State Riverway consisting of land
9as designated by the
natural resources board secretary.
AB21,1064
10Section
1064. 30.42 (1) (e) of the statutes is amended to read:
AB21,530,1311
30.42
(1) (e) For each county named in s.
15.445 (3) 15.345 (8) (b), assign a
12department employee whose office is in the county to serve as a liaison
13representative on issues concerning the riverway.
AB21,1065
14Section
1065. 30.77 (3) (dm) 1. b. of the statutes is amended to read:
AB21,530,1915
30.77
(3) (dm) 1. b. "Local entity" means a city, village, town, county, qualified
16lake association, nonprofit conservation organization, as defined in s.
23.0955 (1), 1723.09 (20m) (a) 3., town sanitary district, public inland lake protection and
18rehabilitation district, or another local governmental unit, as defined in s. 66.0131
19(1) (a), that is established for the purpose of lake management.
AB21,1066
20Section
1066. 30.92 (6) (b) of the statutes is amended to read:
AB21,530,2521
30.92
(6) (b) The department shall assign staff to the commission for
22management of the program under this section. All staff activities, including but not
23limited to budgeting, program coordination
, and related administrative
24management functions, shall be consistent with the policies of the department
and
25the natural resources board.
AB21,1067
1Section
1067
. 32.02 (1) of the statutes, as affected by 2015 Wisconsin Act ....
2(this act), is amended to read:
AB21,531,153
32.02
(1) Any county, town, village, city, including villages and cities
4incorporated under general or special acts, a local sports and entertainment district
5created under subch. VI of ch. 229, school district, the department of health services,
6the department of corrections, the board of regents of the University of Wisconsin
7System
Authority, the building commission, a commission created by contract under
8s. 66.0301, with the approval of the municipality in which condemnation is proposed,
9a commission created by contract under s. 66.0303 that is acting under s. 66.0304,
10if the condemnation occurs within the boundaries of a member of the commission, or
11any public board or commission, for any lawful purpose, but in the case of city and
12village boards or commissions approval of that action is required to be granted by the
13governing body. A mosquito control commission, created under s. 59.70 (12), and a
14local professional football stadium district board, created under subch. IV of ch. 229,
15may not acquire property by condemnation.
AB21,1068
16Section
1068. 32.19 (2) (b) of the statutes is amended to read:
AB21,532,217
32.19
(2) (b) "Comparable dwelling" means one which, when compared with the
18dwelling being taken, is substantially equal concerning all major characteristics and
19functionally equivalent with respect to: the number and size of rooms and closets,
20area of living space, type of construction, age, state of repair, size and utility of any
21garage or other outbuilding, type of neighborhood and accessibility to public services
22and places of employment. "Comparable dwelling" shall meet all of the standard
23building requirements and other code requirements of the local governmental body
24and shall also be decent, safe and sanitary and within the financial means of the
1displaced person, as defined by the
department of administration public service
2commission.
AB21,1069
3Section
1069. 32.19 (2) (e) 1. b. of the statutes is amended to read:
AB21,532,74
32.19
(2) (e) 1. b. As a result of rehabilitation, demolition or other displacing
5activity, as determined by the
department of administration public service
6commission, if the person is a tenant-occupant of a dwelling, business or farm
7operation and the displacement is permanent.
AB21,1070
8Section
1070. 32.19 (3) (b) 1. of the statutes is amended to read:
AB21,532,139
32.19
(3) (b) 1. `Dwellings.' Any displaced person who moves from a dwelling
10and who elects to accept the payments authorized by this paragraph in lieu of the
11payments authorized by par. (a) may receive an expense and dislocation allowance,
12determined according to a schedule established by the
department of administration 13public service commission.
AB21,1071
14Section
1071. 32.19 (3) (b) 2. of the statutes is amended to read:
AB21,532,2315
32.19
(3) (b) 2. `Business and farm operations.' Any displaced person who
16moves or discontinues his or her business or farm operation, is eligible under criteria
17established by the
department of administration public service commission by rule
18and elects to accept payment authorized under this paragraph in lieu of the payment
19authorized under par. (a), may receive a fixed payment in an amount determined
20according to criteria established by the
department of administration public service
21commission by rule, except that such payment shall not be less than $1,000 nor more
22than $20,000. A person whose sole business at the displacement dwelling is the
23rental of such property to others is not eligible for a payment under this subdivision.
AB21,1072
24Section
1072. 32.19 (3) (c) of the statutes is amended to read:
AB21,533,9
132.19
(3) (c)
Optional payment for businesses. Any displaced person who moves
2his or her business, and elects to accept the payment authorized in par. (a), may, if
3otherwise qualified under par. (b) 2., elect to receive the payment authorized under
4par. (b) 2., minus whatever payment the displaced person received under par. (a), if
5the displaced person discontinues the business within 2 years of the date of receipt
6of payment under par. (a), provided that the displaced person meets eligibility
7criteria established by the
department of administration public service commission 8by rule. In no event may the total combined payment be less than $1,000 nor more
9than $20,000.
AB21,1073
10Section
1073. 32.19 (3) (d) of the statutes is created to read:
AB21,533,1611
32.19
(3) (d)
Federally financed projects. Notwithstanding pars. (a) to (c), in
12the case of a program or project receiving federal financial assistance, a condemnor
13shall, in addition to any payment under pars. (a) to (c), make any additional payment
14required to comply with the federal Uniform Relocation Assistance and Real
15Property Acquisition Policies Act of 1970,
42 USC 4601 to
4655, and any regulations
16adopted thereunder.
AB21,1074
17Section
1074. 32.19 (4) (a) 2. of the statutes is amended to read:
AB21,534,218
32.19
(4) (a) 2. The amount of increased interest expenses and other debt
19service costs incurred by the owner to finance the purchase of another property
20substantially similar to the property taken, if at the time of the taking the land
21acquired was subject to a bona fide mortgage or was held under a vendee's interest
22in a bona fide land contract, and such mortgage or land contract had been executed
23in good faith not less than 180 days prior to the initiation of negotiations for the
24acquisition of such property. The computation of the increased interest costs shall
1be determined according to rules promulgated by the
department of administration 2public service commission.
AB21,1075
3Section
1075. 32.19 (4) (b) (intro.) of the statutes is amended to read:
AB21,534,134
32.19
(4) (b)
Tenants and certain others. (intro.) In addition to amounts
5otherwise authorized by this subchapter, the condemnor shall make a payment to
6any individual or family displaced from any dwelling which was actually and
7lawfully occupied by such individual or family for not less than 90 days prior to the
8initiation of negotiations for the acquisition of such property or, if displacement is not
9a direct result of acquisition, such other event as determined by the
department of
10administration public service commission by rule. For purposes of this paragraph,
11a corporation organized under ch. 181 that is a nonprofit corporation, as defined in
12s. 181.0103 (17), may, if otherwise eligible, be considered a displaced tenant. Subject
13to the limitations under par. (bm), such payment shall be either:
AB21,1076
14Section
1076. 32.19 (4) (d) of the statutes is created to read:
AB21,534,2015
32.19
(4) (d)
Federally financed projects. Notwithstanding pars. (a) to (c), in
16the case of a program or project receiving federal financial assistance, a condemnor
17shall, in addition to any payment under pars. (a) to (c), make any additional payment
18required to comply with the federal Uniform Relocation Assistance and Real
19Property Acquisition Policies Act of 1970,
42 USC 4601 to
4655, and any regulations
20adopted thereunder.
AB21,1077
21Section
1077. 32.19 (4m) (a) 2. of the statutes is amended to read:
AB21,535,422
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 administration 4public service commission.
AB21,1078
5Section
1078. 32.19 (4m) (b) (intro.) of the statutes is amended to read:
AB21,535,166
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 administration
public service commission, and
13who actually rents or purchases a comparable replacement business or farm
14operation for the displaced business or farm operation within 2 years after the date
15the person vacates the acquired property. At the option of the tenant displaced
16person, such payment shall be either:
AB21,1079
17Section
1079. 32.19 (4m) (b) 1. of the statutes is amended to read:
AB21,535,2518
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 administration public service
24commission and the monthly rent of a comparable replacement business or farm
25operation, and multiplying the difference by 48; or
AB21,1080
1Section
1080. 32.197 of the statutes is amended to read:
AB21,536,12
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 administration
public service commission 11shall by rule establish procedures for relocation assistance waivers under this
12section to ensure that the waivers are voluntarily and knowledgeably executed.
AB21,1081
13Section
1081. 32.20 of the statutes is amended to read:
AB21,537,5
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 administration public service commission by rule. If such claim is not
21allowed within 90 days after the filing thereof, the claimant has a right of action
22against the condemnor carrying on the project through which the claim arises. Such
23action shall be commenced in a court of record in the county wherein the damages
24occurred. In causes of action, involving any state commission, board or other agency,
25excluding counties, 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.
AB21,1082
6Section
1082. 32.25 (1) of the statutes is amended to read:
AB21,537,127
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 administration public service
12commission.
AB21,1083
13Section
1083. 32.25 (2) (h) of the statutes is amended to read:
AB21,537,2214
32.25
(2) (h) Assure that, within a reasonable time prior to displacement, there
15will be available, to the extent that may reasonably be accomplished, housing
16meeting the standards established by the
department of administration public
17service commission for decent, safe and sanitary dwellings. The housing, so far as
18practicable, shall be in areas not generally less desirable in regard to public utilities,
19public and commercial facilities and at rents or prices within the financial means of
20the families and individuals displaced and equal in number to the number of such
21displaced families or individuals and reasonably accessible to their places of
22employment.
AB21,1084
23Section
1084. 32.26 (title) of the statutes is amended to read:
AB21,537,25
2432.26 (title)
Authority of the department of administration public
25service commission.
AB21,1085
1Section
1085. 32.26 (1) of the statutes is amended to read:
AB21,538,42
32.26
(1) In addition to all other powers granted in this subchapter, the
3department of administration public service commission shall formulate local
4standards for decent, safe and sanitary dwelling accommodations.
AB21,1086
5Section
1086. 32.26 (2) (a) of the statutes is amended to read:
AB21,538,76
32.26
(2) (a) The
department of administration public service commission shall
7promulgate rules to implement and administer ss. 32.19 to 32.27.
AB21,1087
8Section
1087. 32.26 (2) (b) of the statutes is amended to read:
AB21,538,139
32.26
(2) (b) The
department of administration public service commission and
10the department of transportation shall establish
interdepartmental interagency 11liaison procedures for the purpose of cooperating and exchanging information to
12assist the
department of administration public service commission in promulgating
13rules under par. (a).
AB21,1088
14Section
1088. 32.26 (3) of the statutes is amended to read:
AB21,538,2015
32.26
(3) The
department of administration public service commission may
16make investigations to determine if the condemnor is complying with ss. 32.19 to
1732.27. The
department commission may seek an order from the circuit court
18requiring a condemnor to comply with ss. 32.19 to 32.27 or to discontinue work on
19that part of the project which is not in substantial compliance with ss. 32.19 to 32.27.
20The court shall give hearings on these actions precedence on the court's calendar.
AB21,1089
21Section
1089. 32.26 (4) of the statutes is amended to read:
AB21,538,2522
32.26
(4) Upon the request of the
department of administration public service
23commission, the attorney general shall aid and prosecute all necessary actions or
24proceedings for the enforcement of this subchapter and for the punishment of all
25violations of this subchapter.
AB21,1090
1Section
1090. 32.26 (5) of the statutes is amended to read:
AB21,539,142
32.26
(5) Any displaced person may, prior to commencing court action against
3the condemnor under s. 32.20, petition the
department of administration public
4service commission for review of his or her complaint, setting forth in the petition the
5reasons for his or her dissatisfaction. The
department commission may conduct an
6informal review of the situation and attempt to negotiate an acceptable solution. If
7an acceptable solution cannot be negotiated within 90 days, the
department 8commission shall notify all parties, and the petitioner may then proceed under s.
932.20. The informal review procedure provided by this subsection is not a condition
10precedent to the filing of a claim and commencement of legal action pursuant to s.
1132.20. In supplying information required by s. 32.25 (2) (d), the condemnor shall
12clearly indicate to each displaced person his or her right to proceed under this
13paragraph and under s. 32.20, and shall supply full information on how the displaced
14person may contact the
department of administration
public service commission.
AB21,1091
15Section
1091. 32.26 (6) of the statutes is amended to read:
AB21,539,2316
32.26
(6) The
department of administration public service commission, with
17the cooperation of the attorney general, shall prepare pamphlets in simple language
18and in readable format describing the eminent domain laws of this state, including
19the reasons for condemnation, the procedures followed by condemnors, how citizens
20may influence the condemnation process and the rights of property owners and
21citizens affected by condemnation. The
department
commission shall make copies
22of the pamphlets available to all condemnors, who may be charged a price for the
23pamphlets sufficient to recover the costs of production.