7/1/2015 4:59:15 PM Page 1 2015 DMFTING REQUEST Senate Amendment Received: 6/8/2015 Received By: mduchek For: Legislative Fiscal Bureau Same as LRB: May Contact: By/Representing: Rick Olin Subject: Eminent Domain - miscellaneous Drafter: mduchek Addl. Drafters: EXtra Copies: Submit via email: YES Requester's email: I Carbon COpy (CC) to: rick.olin@legis.wisconsin.gov Pre Topic: LFB: ..Rick Olin - Topic: Condemnation authority (Motion 999) Instructions: See attached Drafting History: Vers. Drafted Reviewed Proofed Submitted acketed Required mduchek 6/22/201 5 /Pl mduchek kfollett mbarman 7/1/2015 7/1/2015 6/22/2015 srose 7/1/2015 4:59:15 PM PageZ Vets. Drafted Reviewed Proofed Submitted acketed Required 7/ 1/201 5 FTZSentFon 13.48 (12) 1. facility constructed by or for corporations a corporation SECTION 1. 13.48 (12) 1. of the statutes is amended to read: having condemnation authority under 3. 32.02 (3) to (10) and or a business entity having condemnation authority under 3. 32.02 13) for purposes for which the corporation or business entity would have condemnation authority. SECTION 2. 32.02 (intro.) of the statutes is amended to read: 32.02 Who may condemn; purposes. (intro) The following departments, municipalities, boards, commissions, public officers, and corporations business entities may acquire by?condenination any real estate and personal property appurtenant thereto or interest therein which they have power to acquire and hold or transfer to the state, for the purposes specified, in case such property cannot be acquired'by gift 0: purchase at an agreed price: SECTION 3. 32.02 (13) of the statutes is amended to read: 32.02 (13) Any eefperatien business entity. as de?ned in s. 13.62 (5). licensed to do business in Wisconsin that shall transmit oil or related products including all hydrocarbons which are in a liquid form at the temperature and pressure under which they are transported in pipelines in Wisconsin, and shall maintain tenninal or product delivery facilities in Wisconsin, and shall be engaged in interstate or international commerce, subject to the approval of the public service commission upon a ?nding by it that the proposed real estate interests sought to be acquired are in the public interest. . SECTION 4. 66.1035 of the Statutes is amended to read: 66.1035 Rights of abutting owners. The owners of land abutting on any highway, street, or alley shall have a common right in- the free and unobstructed use of the full width of the highway, street, or alley. No town, village, city, county, company, or corporation shall close up, use, or obstruct any part of the highway, street, or alley so as to materially interfere with its usefulness as a highway or so as to damage abutting property, or permit the same to be done, without just compensation being made for any resulting damage. This section does not impose liability for damages arising from the use, maintenance, and operation of tracks or other public improvement legally laid down, built, or established in any street, highway, or alley prior to April 7, 1889. All rights in property that could entitle an owner to damages under this section may be condemned by any eerper-atien business entity that is listed in 3. 32.02 in the same manner that other property may be condemned by the corporation business entity. SECTION 6. Initial applicability. Sections 13.48 (12) 1., 32.02 (intro.) and (13), and 66.1035 of the statutes apply to applications for public interest determinations filed with the Public Service Commission of Wisconsin after March 1, 2014. (State nf miarnnain 2015 2016 LEGISLATURE V1 (J) MED: .. eon) LFB: ..Rick Olin Condemnation authority (Motion 999) FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT T0 SENATE BILL 21 mm? 6 1 At the locations indicated, amend the bill as follows: 2 f1. Page 65, line 5: after that line insert: - 3 42111. 13.48 (12) 1. of the statutes is amended to read: 4 13.48 (12) 1. A facility constructed by or for corporations a corporation 5 having condemnation authority under 8. 32.02 (3) to (10) and or a business entity 6 having condemnation authority under 3. 32.02 (13) for purposes for which the 7 corporation would have condemnation authority?. 5, 5m 9 4 (18) 1979 c. 34, 22 i . 1989 a 31, 366; 19913. 39, 269, 315; 1993 a. 16%, 414; 1995 a. 27, 216, 225, 227; 1997 a. 5, 27, 35, 237; 1999 a. 9; 1999 a. 150 s. 622; 1999 a. {97:20913. 16,103;2003 3. 391; 200? a. 20; 2009 a. 28, 185, 361; 2011 a. 7, 32; 2013 a. 20; s. 3517 correction in {3911) a. 33-5. 5 to 26i, 916 ;2003 a. 91; 2005 a. 25, 8 Page 530, line 25: after that line insert: 13133: 19710. 125; 1973 c. 90; 1973 c. 243 s.82;1973 c. 335 s. 13; [975 c. 39, 40, 198, 199; 1927 c. 26; 1977 c. 29 ss. 7, 81', 1654 1977 c. 325; 19?? c. 418 55. {,350; 19810.34 '1 9 1066m. 32.02 (intro.) of the statutes is amended to read: 2015 2016 Legislature - 999333? 1 32.02 Who may condemn; purposes. (introl) The following departments, 2 municipalities, boards, commissions, public of?cers, and corporations business 3 entities may acquire by condemnation any real estate and personal property 4 appurtenant thereto or interest therein which they have power to acquire and hold 5 or transfer to the state, for the purposes specified, in case such property cannot be 6 acquired by gift or purchase at an agreed price:?. st ry: 1971 c. 100 s. 23; 1923 c. 243, 305; 1975 c. 68, 311; 1977 c. 29, 203, 438, 440; 1979 c. 34 s. 2102 (52} 1979 c. 122; 1979 c. 175 5'3; 1981 c. 86, 346, 374; 1983? 27; 1985 a. 29 s. 3200 [985 a. 30 s. 42; 985 a. 187; 1985 a. 29? s. 76; 1987 a. 27; [989 a. 1993 a. 246, 263; 1993 a. 491 s. 234; [995 a. s. 9126(19); 1995 a. 20 997 a. 204' 1999 a. 65; 1999 31.150 8. 67 999 2001 a. 30 s. 108; 2005 a. 335; 2007 a. 20, s. 9121 (6) 2009 a. 28, 205; 2011 a. 32; 2013 a. l. 7 3. Page 531, line 15: after that line insert: 8 1067111. 32.02113) of the statutes is amended to read: 9 32.02 (13) Any corporation business entity. as de?ned in licensed 10 to do business in Wisconsin that shall transmit oil or related products including all 11 hydrocarbons which are in a liquid form at the temperature and pressure under 12 which they are transported in pipelines in Wisconsin, and shall maintain terminal 13 or product delivery facilities in Wisconsin, and shall be engaged in interstate or 14 international commerce, subject to the approval of the public service commission 15 upon a ?nding by it that the proposed real estate interests sought to be acquired are 16 in the public interest?. . (01 Histor 1971 c. 100 s. 23; 1973 13.243, 305; 1975 c. 68, 311; 7 c. 29, 203, 438, 440; 1979 c. 34 s. 2102 (52} 1979 c. 122; 1979 c. 175 s. 53; 1981 c. 86, 346, 374; 1983 51.2 985 a. 29 s. 3200 1985 a. 30 s. 42?; 1985 a. 187; 85 a. 297 s. 76; 1987 a. 27; 1989 a. 1993 a. 246, 263; 1993 a. 491 s. 284; 1995 a. 27 s. 9126 1995 a. 201; I 7 . 204; [999 a. 65; 1999 a. [50 s. 67 ;1999 a. 167 001 a. 30 s. 108; 2005 a. 335; 200? a. 20, s. 9121 2009 {1.28, 205; 2011 a. 32; 2013 a. l. 17 4. Page 791, line . after that line insert: 18 1993111. 66.100135 of the statutes is amended to read: 19 66.1035 Rights of abutting owners. The owners of land abutting on any 20 highway, street, or alley shall have a common right in the free and unobstructed use 21 of the full width of the highway, street, or alley. No town, village, city, county, 22 company, or corporation shall close up, use, or obstruct any part of the highway, 23 street, or alley so as to materially interfere with its usefulness as a highway or so as minnow 00-403 9 11 12 13 14 15 2015 2016 Legislature to damage abutting property, or permit the same to be done, without just compensation being made for any resulting damage. This section does not impose liability for damages arising from the use, maintenance, and operation of tracks or other public improvement legally laid down, built, or established in any street, highway, or alley prior to April 7, 1889. All rights in property that could entitle an oWner to damageslunder this section may be condemned by anycerperatien business entity that is listed in s. 82.02 in the same manner that other property may be condemned by the eerpesatien business entity?. Hisll??y: 2003 a. 214 s. 10] Stats. 2003 3. 66.10 5. Pag\e/ 1811, line 21: after that line insert: CONDEMNATION AUTHORITY. The treatment of sections 13.48 (12) 1., 32.02 (intro.) and (13), and 66.1/035 of the statutes first applies retroactively to applications for public interest determinations under section of the statutes, as affected by this act, that are ?led with the public service commission on March 1, 2014.?. (END) NOTE FROM THE MED: .. LEGISLATIVE REFERENCE BUREAU l, IDs/e- Ric I drafted this in accordance with the instructions, but as I indicated, the term ?corporati n? is used more than a dozen times in s. 32.02, as well as other places in chapter 3 and changing only these references may have unintended consequences. Note that the PSC already determined in 2008 that ?corporation,? as used in s. 32.02 (13), ?can be reasonably construed to mean any form of business entity? (see ?Application of Enbridge Energy, Limited April 3, 2008, available via LexisNexis at 2008 WISE. PUC LEXIS 238). If only one instance of ?corporation? is now changed to ?business entity,? this will likely be read as strongly suggesting that other uses of ?corporation? in ch. 32 now do not include other business entities, which could have consequences for other business entities exercising condem tion authority in other contexts. In addition, note that sections 32.185 and 32. 9 are among the provisions that use ?corporation,? but that were not on the list of provisions to be amended. Since these provisions are used in determining which condemnors have to pay relocation expenses and are subject to criminal liability, not changing them may suggest, for instance, that non?corporations never have to pay relocation expenses' SikAlso, included the retroactive initial applicability provision, but without further background, I am not sure what effect and issues there might be with that as opposed to simply having a new ?ling with the PSC. Michael Duchek Legislative Attorney (608) 266?0130 gov NOTE FROM THE MED:emw LEGISLATIVE REFERENCE BUREAU June 22, 2015 Rick: I drafted this in accordance with the instructions, but as I indicated, the term ?corporation? is used more than a dozen times in 3. 32.02, as well as other places in chapter 32, and changing only these references may have unintended consequences. Note that the PSC already determined in 2008 that ?corporation,? as used in s. 32.02 (13), ?can be reasonably construed to mean any form of business entity? (see ?Application of Enbridge Energy, Limited April 3, 2008, available via LexisNeXis at 2008 Wise. PUC LEXIS 238). If only one instance of ?corporation? is now changed to ?business entity,? this will likely be read as strongly suggesting that other uses of ?corporation? in ch. 32 now do not include other business entities, which could have consequences for other business entities exercising condemnation authority in other contexts. In addition, note that sections 32.185 and 32.29 are among the provisions that use ?corporation,? but that were not on the list of provisions to be amended. Since these provisions are used in determining which condemnors have to pay relocation expenses and are subject to criminal liability, not changing them may suggest, for instance, that non?corporations never have to pay relocation expenses. Also, I included the retroactive initial applicability provision, but without further background, I am not sure what effect and issues there might be with that as opposed to simply having a new ?ling with the PSC. Michael Duchek Legislative Attorney (608) 266?0130 Duchek, Michael From: Pyper, Thomas TMP (7122) Sent: Wednesday, July 01, 2015 3:19 PM - To: Duchek, Michael Cc: Bill McCoshen Subject: RE: Fwd: drafters note Thanks again. Heme??f'Thomas Pyper - Shareholder (608) 258-7122 (608) 258-7138 Whyte Dudek 8.0. 33 East Main Street Madison, WI 53701-1379 WHD in the News: Whyte Hirsohboeck Dudek S.C. Practice Areas Named to the US. News - Best Lawyers 2014 "Best Law Firms" Rankings Read more. .wisconsin.gov] From: Duchek, Michael Sent: Wednesday, July 01, 2015 3:18 PM To: Pyper]r Thomas TMP (7122) Cc: Bill McCoshen Subject: RE: Fwd: drafters note Thanks, and heard your yoicemail. Looks good to me. ?Mike From: Pyper, Thomas TMP (7122) Sent: Wednesday, July 01, 2015 3:08 PM To: Duchek, Michael Cc: Bill McCoshen Subject: RE: Fwd: drafters note Mike: See responses below. Thanks for your help and patience. Give me a call if you would like to discuss. Thomas Pyper Shareholder Whyte Dudek S.C. 33 East Main Street Madison, WI 53701-1379 Phone (608) 258-7122 Fax (608) 258?7138 Email tpvner@whdlaw.com From: Duchek, Michael Sent: Tuesday, June 30, 2015 6:27 PM I To: Bill McCoshen; Toftness, Jenny; Pyper, Thomas TMP (7122); Lisa Wilson . Subject: RE: Fwd: drafters note I . \0 .. .. Torn, After talking this over with the two drafters in our office who deal with business law and utilities/telecom, I guess i am hesitant to try to address every instance of "corporation" in ch. 32 because after discussing it i realize that it wouldn't be as easy as simply changing every reference to "corporation" to "business entity" and the changes would probably merit further scrutiny and input (however, i would note than in a 2013 supreme court case the court assumed that ATC, after noting that it was an LLC, had condemnation authority for purposes of 5. 32.02 (5) despite the reference there to a "Wisconsin corporation"). If this became an issue it could be dealt with later, perhaps. That said: 1. I would suggest we do change the reference to corporation in 55. 32.185 and 32.29 to business entity, which should. WOrk fine. OK?E3igreed] 2. Another question raised was what "licensed to do business Wisconsin" means in 5. 32.02 (13). If this is not referring to an actual license issued by the state or some other entity, the business law drafter suggested that "licensed to do business" should be changed to "authorized to do business." (The current language there, by the way, has existed since 1951, modified only once in 1960, and if this is now the correct terminology, We should probably take this chance to use .I 3. I still need your final thoughts on retroactivityLNo need for'the retroactivity provision. That is not to say that it should not be applied retroactively. But there is no need for the law to expressly state that it applies to any application or event prior to its enactment. We believe that under current law it will be so applied. Happy to discuss tomorrow, but time may be of the essence, i understand. -Mike From: Bill McCoshen Sent: Monday, June 29, 2015 9:32 AM To: Duchek, Michael; Toftness, Jenny; Pyper, Tllomas (7122); Lisa Wilson Subject: FW: Fwd: rafters note Michael, My name is Bill McCoshen. I don't believe we have met, but I'm a lobbyist for Enbridge in Wisconsin. I got an email from Jenny Toftness on Friday with your questions regarding the proposed changes to 55 32.02 (13). Our local counsel is Mr. Tom Pyper from Whyte Dudek S.C.. You can see his response below. It may be useful the phone this morning to discuss. Can Tom call you this morning? if so, what would be a good time for you? I have your number as 266-0130. Is that the best number for Tom to reach you? I copied Tom and Lisa Wilson from Enbride on this email. Thanks! Biil McCoshen ?nu?Original From: Pyper, Thomas TMP (7122) Sent: Saturday, June 27, 2015 3:05 PM To: Bill McCoshen; Lisa Wilson; James D. Watts Subject: RE: Fwd: drafters note - i can do a call on Monday. The answers are as follows: (1) En bridge does ppose changing corporation to business entity every where it appears in Ch 32. ltjust makes the drafting more diffiCult to make sure the new business entity definition works and is referenced for all the changes. As long as the change to business entity is made to 32.02 (13) Enbridge is indifferent to the other changes. (2) The change needs to be made. The PSC is not like a court. A finding in one contested case has no binding precedential value for another contested case. There are scores of PSC decisions that merely state that the Commission has simply chosen not to follow past decisions. Also, a court is in no way bound by the PSC legal conclusion when it reviews the PSC ruling. So the PSC decision referenced by the drafter (Enbridge's last case) provides no certainty. (3) The retroactive application covers the pending application for Sandpiper and Line 3. The drafter is right that Enbridge could just refile but that would cost money and set the PSC public interest finding back about a year. So the retroactive provision is important to Enbridge. - Thomas Pyper Shareholder - Whyte Dudek S.C. 33 East Main Street . Madison, WI 53701?1379 Phone (608) 258?7122 Fax (608) 258-7138 Email tpyper@whdlaw.com From: Bill McCoshen Sent: Saturday, June 27, 2015 7:20:30 AM To: Lisa Wilson; James D. Watts; Pyper, Thomas TMP (7122) Subject: Fwd: drafters note Can Tom or Lisa be available to chat with the LRB drafter on Monday? Bill Sent from my iPad Begin forwarded message: From: "Toftness, Jenny" Date: June 26, 2015 at 1:58:44 PM CDT To: Bill McCoshen Subject: drafters note Bill, I think we maybe need your attorney to weigh in on this and probably talk to this drafter directly to iron this out. I don't want to there to be any unforeseen consequences. Also, if what this note says is true about the 2008 PSC ruling already allowing other business entities under this definition, why do we need to do this at all? I just need clarification on this and comfort from our side that we are not unknowingly messing up the statute for others. Can we try and get together with attys and LFB on Monday? Thanks Jenny This email has been scanned by the Boundary Defense for Email Security System. For more information please visit This email has been scanned by the Boundary Defense for Email Security System. For more information please visit The information in this e?mail is confidential and may be protected by the attorney?s work product doctrine or the attorney/client privilege. It is intended solely for the addressee(s); access to anyone else is unauthorized. If this message has been sent to you in error, do not review, disseminate, distribute or copy it. Please reply to the sender that you have received the message in error, then delete it. Thank you for your cooperation. This email has been scanned by the Boundary Defense for Email Security System. For more information please visit This email has been scanned by the Boundary Defense for Email Security System. For more information please visit The information in this e-mail is confidential and may be protected by the attorney's work product doctrine or the attorney/client privilege. It is intended solely for the addressee(s); access to anyone else is unauthorized. If this message has been sent to you in error, do not review, disseminate, distribute or copy it. Please reply to the sender that you have received the message in error, then delete it. Thank you for your cooperation. The information in this e?mail is confidential and may be protected by the attorney's work product doctrine or the attorney/client privilege. It is intended solely for the addressee(s); access to anyone else~is unauthorized. If 4 this message has been sent to you in error, do not review, disseminate, distribute or copy it. Please reply to the sender that you have received the message in error, then delete it. Thank you for your cooperation. 515112 of mtarnnam 2015 - 2016 LEGISLATURE . 1 1k vili- F, I MED emW I. LFB: ..Rick Olin Condemnation authority (Motion 999) FOR 2015?2017 BUDGET NOT READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 1 At the locations indicated, amend the bill as follows: 2 1. Page 65, lme 5: after that lme insert: 19 . 3 42m. 13"".48' (12) l. of the statutes is amended to read: if 13.48 (12) A facility constructed by or for eerperatiens a 5 having condemnation authority under s. 32.02 (3) to (10)Qnd "6i" {13111394533}. tr; {263% 6 a sf??24i92 (13) for rposes for which the?- . . .. a . .weerporation?mld have condemnation authorityage 530, line 25: after that line insert: If 9 1066?i: 32.02 (intro.) of the statutes is amended to read: 10 32.02 Who may condemn; purposes. (intro) The following departments, 11 municipalities, boards, commissions, public officers, and eerperatiens business 10 11 21 22 23 24 2015 2016 Legislature MED;emw entities may acquire by condemnation any real estate and personal property appurtenant thereto or interest therein whiCh they have power to acquire and hold or transfer to the state, for the purposes Speci?ed, in case such property cannot be acQuired by gift or purchase at an agreed price?? PJ 3. Page 531, line 15: aftegthrat?l?i?iiwe?ihsert: 4? MM- ?4RJM5ia-w: . ?a 106731. 32.02 (18) amended to read: E?Wmnn .n-mmhn? 4. 32.02 (13) Any to do business in Wisconsin thatfshall transmit i orrelaterocts incuding all hydrocarbons which are in a liquid form at the temperature and pressure under which they are transported in pipelines in Wisconsin, and shall maintain terminal or product delivery facilities in Wisconsin, and shall be engaged in interstate. or international commerce, subject to the approval of the public service commission upon a ?nding by it that the proposed real estate interests sought to be acquired are in the public interest?g??i 4. Page 791, line 19:1/after that line insert: 1993m. 66.1035 of the statutes is amended to read: 66.1035 Rights of abutting owners: The owners of land abutting on any highway, street, or alley shall have a common right in the free and unobstructed use of the full width of the highway, street, or alley. No town, village, city, county, company, or corporation shall close up, use, or obstruct any part of the highway, street, or alley so as to materially interfere with its usefulness as a highway or so as to damage abutting property, or permit the same to be done, without just compensation being made for any resulting damage. This section does not impose liability for damages arising from the use, maintenance, and operation of tracks or a, ?9 usiness entit as de?ned in 3. 13.62 2015 2016 Legislature 3 - 1 other public improvement legally laid down, built, or established in any street, 2 highway, or alley prior to April 7 1889. All rights in property that could entitle an 3 owner to damages under this section may be condemned by anyeerperatien business 4 entity that is listed in s. 32.02 in the same manner that other property may be condemned by the corporation business entity?. 6 5. Page 1811, line 21: after that a 7 CONDEMNATION AUTHORITY. The treatment of sections 13.48 (12) 1., 8 /il32.02 (intro) and (13), and 66.1035 of the statutes ?rst applies retroactively to 9 fr applications for public interest determinations under section 32.02 (13) of the 10 statutes, as affected by this act, that are filed with the public service commission on 12 ?rm (END) (.2015-2016 DRAFTING INSERT I FROM THE LEGISLATIVE REFERENCE BUREAU INSERT 1?9 125?" 1066a. 32.01 (1) of the statutes 1s renumbered 32.01 SECTION 1066111. 32.01 (1g) of the statutes is created to read: . 32.01 (1g) ?Business entity? has the meaning given in S. 13.62 (5). INSERT 2?14 SECTION 32.185 of the statutes is amended to read: 32.185 Condemnor. ?Condemnor?, for the purposes of . ss. 32.19 to 32.27, means any municipality, beard, commission, public of?cer, or eerperartien businds; My vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized by statute to employ its powers of eminent domain or by the power of eminent domain. ?Condemnor? also means a displacing agency. In this section, ?displacing agency? means any state agency, political subdivision of the State or person carrying out a program or project with public ?nancial assistance that causes a person to be a displaced person, as de?ned in S. 32.19 (2) History: 1975 c. 224; 1987 a. 399. 1. Page 540, line 4: after that line insert: 1092111. 32.29 of the statutes is amended to read: 32.29 False statements prohibited. Any of?cer, agent, or employee of a governmental body or eerperatien businessiintity granted condemnation power under S. or (3) to (16) who intentionally makes or causes to be made a statement which he or she knows to be false to any owner of property concerning the condemnation of such property or to any displaced person concerning his or her relocation bene?ts under s. 32.19, 32.20, 32.25, or 32.26 or who fails to provide the LRBb0325/P2ins information required under 3. 32.26 (6) shall be ?ned not less than $50 nor more than $1,000, or imprisoned for not more than one year in the county jail or both?. History: 19?? c. 158; 1983 a. 27 s. 879; Stats. 1983 32.29. INSERT 3?5 -. 2. Page 1691, line 18: after that line insert: 4594111. 703.195 (1) of the statutes is amended to read: tx/ 703.195 (1) ?Condemnor? means a person who has the authority to condemn property under ch. History: 2003 a. 283. NOTE FROM THE LEGISLATIVE REFERENCE BUREAU I if? or: Rick: This contains a few changes after some discussion back and forth with the interested parties, which include primarily the following: 1. I eliminated the language providing that the changes are retroactive. I believe the intent is that the changes would be applied retroactively regardless (I believe because a decision has yet to made by the P80), and that it shouldn?t be necessary to spell this out. 2. I modi?ed ss. 32.13iand 32.29 due to their use of the standalone term ?corporation,? just to make it clear that these provisions would continue to apply with respect to condemnors under s. 32.02 (13). I did not endeavor to address all of the other variations of the term ?corporation? ?Wisconsin corporation,? ?public utility corporation,? etc.) in ch. 32 6because after talking with other drafters here, I think making such changes would go beyond what is sought in the motion and would involve some judgment calls on my part as to what they should be changed to and it would be best to have such changes receive further scrutiny. Hopefully the changes to s. 32.02 (13) will not be read as changing the understood meaning of any of those other uses of the term ?corpora/ion32.0% (13), I changed ?licensed? to ?authorized? because there is apparently no license involved and ?authorized? is the correct terin that is used. (This is not intended to be any kind of substantive change.) Michael Duchek Legislative Attorney (608) 266?0130 gov NOTE LRBb0325/pgdn FROM THE MED:kjf LEGISLATIVE REFERENCE BUREAU July 1, 2015 Rick: This contains a few changes after some discussion back and forth with the interested parties, which include primarily the following: 1. I eliminated the language providing that the changes are retroactive. I believe the intent is that the changes would be applied retroactively regardless (I believe because a decision has yet to be made by the P80), and that it shouldn?t be necessary to spell this out. 2. I modi?ed ss. 32.185 and 32.29 due to their use of the standalone term ?corporation,? just to make it clear that these provisions would continue to apply with respect to condemnors under s. 32.02 (13). I did not endeavor to address all of the other variations of the term ?corporation? ?Wisconsin corporation,? ?public utility corporation,? etc.) in ch. 32 because after talking with other drafters here, I think making such changes would go beyond what is sought in the motion and would involve some judgment calls on my part as to what they should be changed to and it would be best to have such changes receive further scrutiny. Hopefully the changes to 3. 32.02 (13) will not be read as changing the understood meaning of any of those other uses of the term ?corporation.? 3. In s. 32.02 (13), I changed ?licensed? to ?authorized? because there is apparently no license involved and ?authorized? is the correct term that is used. (This is not intended to be any kind of Substantive change.) Michael Duchek Legislative Attorney (608) 266?0130 10 11 0%1?51132 [If 2015 2016 LEGISLATURE MED :emw&kjf LFB: ..Rick Olin Condemnation authority (Motion 999) FOR 2015-2017 BUDGET READY FOR INTRODUCTION SENATE AMENDMENT TO SENATE BILL 21 At the locations indicated, amend the bill as follows: 1. Page 65, line 5: after that line insert: 42111. 13.48 (12) 1. of the statutes is amended to read: 13.48 (12) 1. A facility constructed by'or for eerperatiens a business entity having condemnation authority under 8. 32.02 (3) to (10) and (13) for purposes for which i_t would have condemnation authority?. 2. Page 530, line 25: after that line insert: 1066e. 32.01 (1) of the statutes is renumbered 32.01 SECTION 1066111. 32.01 (1g) of the statutes is created to read: 32.01 (1g) ?Business entity? has the meaning given in s. 13.62 (5). SECTION 10665. 32.02 (intro) of the statutes is amended to read: 2015 2016 Legislature 2 MED;emw&kjf 32.02 Who may condemn; purposes. (intro) The following departments, municipalities, boards, commissions, public of?cers, and corporations business entities may acquire by condemnation any real estate and personal property appurtenant thereto or interest therein which they have power to acquire and hold or transfer to the state, for the purposes speci?ed, in case such property cannot be acquired by gift or purchase at an agreed price:?. 3. Page 531, line 15: after that line insert: 1067g. 32.02 (13) of the statutes is amended to read: 32.02 (13) Anycorporation?l-ieensed business entity authorized to do business in Wisconsin that shall transmit oil or related products including all hydrocarbons which are in a liquid form at the temperature and pressure under which they are transported in pipelines in Wisconsin, and shall maintain terminal or product delivery facilities in Wisconsin, and shall be engaged in interstate or international commerce, subject to the approval of the public service commission upon a ?nding by it that the proposed real estate interests sought to be acquired are in the public interest. I SECTION 10671:: 32185 of the statutes is amended to read: 32.185 Condemnor. ?Condemnor?, for the purposes of ss. 32.19 to 32.27, means any municipality, board, commission, public of?cer, or corporation business Ltity vested with the power of eminent domain which acquires property for public purposes either by negotiated purchase when authorized by statute to employ its powers of eminent domain or by the power of eminent domain. ?Condemnor? also means a displacing agency. In this section, ?displacing agency? means any state agency, political subdivision of the state or person carrying out a program or project 2015 2016 Legislature - 3 MED;emw&kjf with public ?nancial assistance that causes a person to be a displaced person, as de?ned in s. 32.19 (2) 4. Page 540, line 4: after that line insert: 1092m. 32.29 of the statutes is amended to read: 32.29 False statements prohibited. Any of?cer, agent, or employee of a governmental body or eerperatien business entity granted condemnation power under 3. 32.02 (1) or (3) to (16) who intentionally makes or causes to be made a statement which he or she knows to be false to any?owner of property concerning the condemnation of such property or to any displaced person concerning his or her relocation bene?ts under s. 32.19, 32.20, 32.25, or 32.26 or who fails to provide the information required under s. 32.26 (6) shall be ?ned not less than $50 nor more than $1,000, or imprisoned for not more than one year in the county jail or both?. 5. Page 791, line 19: after that line insert: 1993111. 66.1035 of the statutes is amended to read: 66.1035 Rights of abutting owners. The owners of land abutting on any highway, street, or alley shall have a common right in the free and unobstructed use of the full width of the highway, street, or alley. No town, village, city, county, company, or corporation shall close up, use, or obstruct any part of the highway, street, or alley so as to materially interfere with its usefulness as a highway or so as to damage abutting property, or permit the same to be done, without just compensation being made for any resulting damage. This section does not impose liability for damages arising from the use, maintenance, and operation of tracks or other public improvement legally laid down, built, or established in any street, highway, or alley prior to April 7, 1889. All rights in preperty that could entitle an '3qu 2015 2016 Legislature 4 MED:emW&kjf owner to damages under this section may be condemned by anyeerperatien business that is listed in 3. 32.02 in the same manner that other property may be condemned by the eerperatien business entity.?. 6. Page 1691, line 18: after that line insert: 4594111. 703.195 (1) of the statutes is amended to read: 703.195 (1) ?Condemnor? means a person who has the authority to condemn property under ch. (END)