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:

AB40,487,5 32.26 (title) Authority of the department of commerce safety and professional services.

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

AB40,487,9 32.26 (1) In addition to all other powers granted in this subchapter, the department of commerce safety and professional services shall formulate local standards for decent, safe and sanitary dwelling accommodations.

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

AB40,487,12 32.26 (2) (a) The department of commerce safety and professional services shall promulgate rules to implement and administer ss. 32.19 to 32.27.

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

AB40,487,18 32.26 (2) (b) The department of commerce safety and professional services and the department of transportation shall establish interdepartmental liaison procedures for the purpose of cooperating and exchanging information to assist the department of commerce safety and professional services in promulgating rules under par. (a).

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

AB40,487,25 32.26 (3) The department of commerce safety and professional services 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, s. 942 Section 942. 32.26 (4) of the statutes is amended to read:

AB40,488,5 32.26 (4) Upon the request of the department of commerce safety and professional services, 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, s. 943 Section 943. 32.26 (5) of the statutes is amended to read:

AB40,488,19 32.26 (5) Any displaced person may, prior to commencing court action against the condemnor under s. 32.20, petition the department of commerce safety and professional services 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 safety and professional services.

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

AB40,489,3 32.26 (6) The department of commerce safety and professional services, 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.