SB111: Bill Text

SB111,1083 Section 1083. 59.52 (6) (a) of the statutes is amended to read:

SB111,775,2 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB111,1084 Section 1084. 59.52 (29) (a) of the statutes is amended to read:

SB111,775,19 59.52 (29) (a) All public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $25,000 $50,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $25,000 $50,000, shall be let as the board may direct. If the estimated cost of any public work is between $5,000 and $25,000 $50,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.0901 (2). A contract, the estimated cost of which exceeds $25,000 $50,000, shall be let and entered into under s. 66.0901, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. This subsection does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. This subsection does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

SB111,1085 Section 1085 . 59.54 (25) (title) of the statutes is amended to read:

SB111,775,21 59.54 (25) (title) Possession Regulation of marijuana.

SB111,1086 Section 1086 . 59.54 (25) (a) (intro.) of the statutes is amended to read:

SB111,776,6 59.54 (25) (a) (intro.) The board may enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not be prosecuted under this subsection for the same action that is the subject of the complaint unless all of the following occur:

SB111,1087 Section 1087. 59.796 of the statutes is repealed.

SB111,1088 Section 1088. 60.33 (10p) of the statutes is created to read:

SB111,776,13 60.33 (10p) Claims in towns containing state institutions. Make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB111,1089 Section 1089. 60.47 (2) (a) of the statutes is amended to read:

SB111,776,18 60.47 (2) (a) No town may enter into a public contract with an estimated cost of more than $5,000 but not more than $25,000 $50,000 unless the town board, or a town official or employee designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.

SB111,1090 Section 1090. 60.47 (2) (b) of the statutes is amended to read:

SB111,776,24 60.47 (2) (b) No town may enter into a public contract with a value of more than $25,000 $50,000 unless the town board, or a town official or employee designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.

SB111,1091 Section 1091. 60.565 (title) of the statutes is amended to read:

SB111,777,2 60.565 (title) Ambulance Emergency medical service and ambulance service.

SB111,1092 Section 1092. 60.565 of the statutes is renumbered 60.565 (1) (a) and amended to read:

SB111,777,9 60.565 (1) (a) The town board shall contract for or operate and maintain ambulance services unless such services are provided by another person. If the town board contracts for ambulance services, it may contract with one or more providers. The town board may determine and charge a reasonable fee for ambulance service provided under this section.

SB111,777,11 (c) The town board may purchase equipment for medical and other emergency calls.

SB111,1093 Section 1093. 60.565 (1) (b) of the statutes is created to read:

SB111,777,15 60.565 (1) (b) The town board may contract for or maintain emergency medical services for the town. If the town board contracts for emergency medical services, it may contract with one or more providers.

SB111,1094 Section 1094. 60.565 (2) of the statutes is created to read:

SB111,777,18 60.565 (2) Funding. (a) The town board may determine and charge a reasonable fee for ambulance services provided under sub. (1) (a).

SB111,777,20 (b) The town board may do any of the following for the purpose of funding emergency medical services under sub. (1) (b):

SB111,777,21 1. Appropriate money.

SB111,777,24 2. Charge property owners a fee for the cost of emergency medical services provided to their property according to a written schedule established by the town board.

SB111,777,25 3. Levy taxes on the entire town.

SB111,778,2 4. Levy taxes on property served by a particular source of emergency medical services, to support the source of emergency medical services.

SB111,1095 Section 1095. 60.782 (2) (d) of the statutes is amended to read:

SB111,778,9 60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 (4). The power of condemnation may not used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

SB111,1096 Section 1096. 61.187 (2) (d) of the statutes is amended to read:

SB111,778,24 61.187 (2) (d) If, in accordance with par. (a), the results of the election under sub. (1) provide for dissolution, the village clerk shall, within 10 days after the election, record the petition and determination of the village board of canvassers in the office of the register of deeds of the county or counties in which the village is located and file with the secretary of administration certified copies of the petition and the determination of inspectors of election. The village clerk shall also record in the office of the register of deeds a certificate by the village clerk showing the date on which the dissolution takes effect and file with the secretary of administration 4 copies one copy of the certificate. These documents shall be recorded and indexed by the register of deeds. The index shall include the document number of the original documents and, if given on the original documents, the volume or reel and the page or image number where the original documents are filed or recorded. The secretary of administration shall forward 2 copies one copy of the certificate to the department of transportation and one to the department of revenue.

SB111,1097 Section 1097. 61.189 (2) of the statutes is amended to read:

SB111,779,14 61.189 (2) The election shall be noticed and conducted and the result canvassed and certified as in the case of regular village elections and the village clerk shall immediately file with the secretary of administration 4 copies one copy of a certification certifying the fact of holding such election and the result thereof and a description of the legal boundaries of such village or proposed city and 4 one certified copies copy of a plat scale map thereof; and thereupon a certificate of incorporation shall be issued to such city by the secretary of administration. Two copies One copy of the certification and plat scale map shall be forwarded by the secretary of administration to the department of transportation and one copy to the department of revenue. Thereafter such city shall in all things be governed by the general city charter law. All debts, obligations and liabilities existing against such village at the time of such change shall continue and become like debts, obligations and liabilities against such city, and such city may carry out and complete all proceedings then pending for the issue of bonds for improvements therein.

SB111,1098 Section 1098. 61.25 (11) of the statutes is created to read:

SB111,779,20 61.25 (11) To make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB111,1099 Section 1099. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended to read:

SB111,780,7 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b), the The village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

SB111,1100 Section 1100. 61.34 (3) (b) of the statutes is repealed.

SB111,1101 Section 1101. 62.03 (1) of the statutes is amended to read:

SB111,780,12 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and, (k), and (m), 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st class cities under special charter.

SB111,1102 Section 1102. 62.09 (11) (m) of the statutes is created to read:

SB111,780,19 62.09 (11) (m) The clerk of any city that is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the council, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB111,1103 Section 1103. 62.15 (1) of the statutes is amended to read:

SB111,781,6 62.15 (1) Contracts; how let; exception for donated materials and labor. All public construction, the estimated cost of which exceeds $25,000 $50,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $25,000 $50,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

SB111,1104 Section 1104. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended to read:

SB111,781,17 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

SB111,1105 Section 1105. 62.22 (1) (b) of the statutes is repealed.

SB111,1106 Section 1106. 62.23 (17) (a) (intro.) of the statutes is amended to read:

SB111,782,2 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire by gift, lease, purchase, or condemnation any lands within its corporate limits for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same or any lands adjoining or near to such city for use, sublease, or sale for any of the following purposes:

SB111,1107 Section 1107. 62.23 (17) (am) of the statutes is repealed.

SB111,1108 Section 1108. 62.53 of the statutes is repealed.

SB111,1109 Section 1109. 63.23 (1) of the statutes is amended to read:

SB111,782,13 63.23 (1) The city service commission shall classify all offices and positions in the city service, excepting those subject to the exemptions of s. 63.27 and those subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which that in the judgment of the commission are substantially the same with respect to authority, responsibility, and character of work are included in the same class. From time to time the commission may reclassify positions upon a proper showing that the position belongs to a different class.

SB111,1110 Section 1110. 66.0101 (3) of the statutes is amended to read:

SB111,782,22 66.0101 (3) A charter ordinance shall be published as a class 1 notice, under ch. 985, and shall be recorded by the clerk in a permanent book kept for that purpose, with a statement of the manner of its adoption. A certified copy of the charter ordinance shall be filed by the clerk with the secretary of state administration. The secretary of state administration shall keep a separate index of all charter ordinances, arranged alphabetically by city and village and summarizing each ordinance, and annually shall issue the index of charter ordinances filed during the 12 months prior to July 1.

SB111,1111 Section 1111. 66.0104 of the statutes is repealed.

SB111,1112 Section 1112 . 66.0107 (1) (bm) of the statutes is amended to read:

SB111,783,10 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2., (c) 3., or (d) 4., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

SB111,1113 Section 1113 . 66.0129 (5) of the statutes is amended to read:

SB111,783,16 66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply to bids and contracts under this subsection.

SB111,1114 Section 1114. 66.0134 of the statutes is repealed.

SB111,1115 Section 1115 . 66.0137 (4) of the statutes is amended to read:

SB111,783,25 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

SB111,1116 Section 1116 . 66.0137 (4) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 1115, is amended to read:

SB111,784,9 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) (8) to (17), 632.896, and 767.513 (4).

SB111,1117 Section 1117 . 66.0137 (4) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 1116, is amended to read:

SB111,784,18 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (8) to (17), 632.896, and 767.513 (4).

SB111,1118 Section 1118. 66.0211 (5) of the statutes is amended to read:

SB111,785,4 66.0211 (5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of administration and supply the secretary of administration with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat scale map of the village or city. Within 10 days of receipt of the description and plat scale map, the secretary of administration shall forward 2 copies one copy to the department of transportation and one copy each to the department of administration and the department of revenue. The secretary of administration shall issue a certificate of incorporation and record the certificate.

SB111,1119 Section 1119. 66.0215 (5) of the statutes is amended to read:

SB111,785,13 66.0215 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a city the clerk shall certify the fact to the secretary of administration, together with the result of the census, if any, and 4 copies one copy of a description of the legal boundaries of the town and 4 copies one copy of a plat scale map of the town. The secretary of administration shall then issue a certificate of incorporation, and record the certificate in a book kept for that purpose. Two copies One copy of the description and plat scale map shall be forwarded by the secretary of administration to the department of transportation and one copy to the department of revenue.

SB111,1120 Section 1120. 66.02162 (5) of the statutes is amended to read:

SB111,785,25 66.02162 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a village, the town clerk shall certify that fact to the secretary, together with 4 copies one copy of a description of the legal boundaries of the town, and 4 copies one copy of a plat scale map of the town. The town clerk shall also send the secretary an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary shall provide 2 copies one copy of the description and plat scale map to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.

SB111,1121 Section 1121. 66.0217 (1) (b) of the statutes is amended to read:

SB111,786,3 66.0217 (1) (b) “Department" means the secretary of administration in the department of administration.

SB111,1122 Section 1122. 66.0217 (1) (c) 1. a. of the statutes is amended to read:

SB111,786,5 66.0217 (1) (c) 1. a. By government lot, section, township, and range.

SB111,1123 Section 1123. 66.0217 (1) (c) 1. b. of the statutes is amended to read:

SB111,786,7 66.0217 (1) (c) 1. b. By recorded private claim , section, township, and range.

SB111,1124 Section 1124. 66.0217 (6) (a) of the statutes is amended to read:

SB111,786,19 66.0217 (6) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more is valid unless the person publishing a notice of annexation under sub. (4) mails a copy of the notice to the clerk of each municipality affected and the department, together with any fee imposed under s. 16.53 (14), within 5 days of the publication. The department shall within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that states whether in its opinion the annexation is in the public interest or is against the public interest and that advises the clerks of the reasons the annexation is in or against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

SB111,1125 Section 1125. 66.0217 (9) (a) of the statutes is amended to read:

SB111,787,11 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of administration a certified copy of the ordinance, certificate and plat scale map, and shall send one copy to each company that provides any utility service in the area that is annexed. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (b). The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send does not invalidate the annexation and the duty to file, record or send is a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of administration shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under ch. 79. The clerk shall certify annually , no later than December 31, to the secretary of administration and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.

SB111,1126 Section 1126. 66.0217 (9) (b) of the statutes is amended to read: