AB43,1153
6Section 1153
. 54.01 (36) (a) of the statutes is amended to read:
AB43,764,117
54.01
(36) (a) An individual who obtains or consents to a final decree or
8judgment of divorce from the decedent or an annulment of their marriage, if the
9decree or judgment is not recognized as valid in this state, unless the 2 subsequently
10participated in a marriage ceremony purporting to marry each other or they
11subsequently held themselves out as
husband and wife
married to each other.
AB43,1154
12Section 1154
. 54.960 (1) of the statutes is amended to read:
AB43,764,1913
54.960
(1) Beneficial interests in a custodial trust created for multiple
14beneficiaries are deemed to be separate custodial trusts of equal undivided interests
15for each beneficiary. Except in a transfer or declaration for use and benefit of
16husband and wife 2 individuals who are married to each other, for whom
17survivorship is presumed, a right of survivorship does not exist unless the
18instrument creating the custodial trust specifically provides for survivorship or
19survivorship is required as to marital property.
AB43,1155
20Section
1155. 59.52 (6) (a) of the statutes is amended to read:
AB43,765,821
59.52
(6) (a)
How acquired; purposes. Take and hold land acquired under ch.
2275 and acquire, lease or rent property, real and personal, for public uses or purposes
23of any nature, including without limitation acquisitions for county buildings,
24airports, parks, recreation, highways, dam sites in parks, parkways and
25playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
1for operation under s. 59.70 (24), equipment for clearing and draining land and
2controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
3transfer of real property to the state for new collegiate institutions or research
4facilities, and for transfer to the state for state parks and for the uses and purposes
5specified in s. 23.09 (2) (d).
The power of condemnation may not be used to acquire
6property for the purpose of establishing or extending a recreational trail; a bicycle
7way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
8pedestrian way, as defined in s. 346.02 (8) (a).
AB43,1156
9Section 1156
. 59.54 (25) (title) of the statutes is amended to read:
AB43,765,1010
59.54
(25) (title)
Possession Regulation of marijuana.
AB43,1157
11Section 1157
. 59.54 (25) (a) (intro.) of the statutes is amended to read:
AB43,765,2012
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance
to prohibit
13the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in
14s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that
15is consistent with s. 961.71 or 961.72; except that if a complaint is issued
regarding
16an allegation of possession of more than 25 grams of marijuana, or possession of any
17amount of marijuana following a conviction in this state for possession of marijuana 18alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may
19not be prosecuted under this subsection for the same action that is the subject of the
20complaint unless all of the following occur:
AB43,1158
21Section
1158. 60.33 (10p) of the statutes is created to read:
AB43,766,222
60.33
(10p) Claims in towns containing state institutions. Make a certified
23claim against the state, without direction from the board, in all cases in which the
24reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department
1of administration. The forms shall contain information required by the clerk and
2shall be filed annually with the department of corrections on or before June 1.
AB43,1159
3Section
1159. 60.782 (2) (d) of the statutes is amended to read:
AB43,766,94
60.782
(2) (d) Lease or acquire, including by condemnation, any real property
5situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
6or 30.275 (4).
The power of condemnation may not used to acquire property for the
7purpose of establishing or extending a recreational trail; a bicycle way, as defined in
8s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
9defined in s. 346.02 (8) (a).
AB43,1160
10Section
1160. 60.85 (1) (f) of the statutes is repealed.
AB43,1161
11Section
1161. 60.85 (1) (h) 1. c. of the statutes is amended to read:
AB43,766,1512
60.85
(1) (h) 1. c. Real property assembly costs, meaning any deficit incurred
13resulting from the sale or lease as lessor by the town of real
or personal property
14within a tax incremental district for consideration which is less than its cost to the
15town.
AB43,1162
16Section
1162. 60.85 (1) (o) of the statutes is amended to read:
AB43,766,1817
60.85
(1) (o) “Taxable property" means all real
and personal taxable property
18located in a tax incremental district.
AB43,1163
19Section
1163. 60.85 (5) (j) of the statutes is created to read:
AB43,767,220
60.85
(5) (j) Upon receiving a written application from the town clerk, in a form
21prescribed by the department of revenue, the department shall recalculate the base
22value of a tax incremental district affected by 2023 Wisconsin Act .... (this act) to
23remove the value of the personal property. An application received under this
24paragraph no later than October 31 is effective in the year following the year in which
1the application is made. An application received after October 31 is effective in the
22nd year following the year in which the application is made.
AB43,1164
3Section
1164. 61.25 (11) of the statutes is created to read:
AB43,767,84
61.25
(11) To make a certified claim against the state, without direction from
5the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon
6forms prescribed by the department of administration. The forms shall contain
7information required by the clerk and shall be filed annually with the department
8of corrections on or before June 1.
AB43,1165
9Section
1165. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and
10amended to read:
AB43,767,2011
61.34
(3) Acquisition and disposal of property. Except as provided in par. (b),
12the The village board may acquire property, real or personal, within or outside the
13village, for parks, libraries, recreation, beautification, streets, water systems,
14sewage or waste disposal, harbors, improvement of watercourses, public grounds,
15vehicle parking areas, and for any other public purpose; may acquire real property
16within or contiguous to the village, by means other than condemnation, for industrial
17sites; may improve and beautify the same; may construct, own, lease and maintain
18buildings on such property for instruction, recreation, amusement and other public
19purposes; and may sell and convey such property. Condemnation shall be as
20provided by ch. 32.
AB43,1166
21Section
1166. 61.34 (3) (b) of the statutes is repealed.
AB43,1167
22Section
1167. 62.03 (1) of the statutes is amended to read:
AB43,767,2523
62.03
(1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j)
24and, (k),
and (m), 62.175, 62.23 (7) (em) and (he)
, and 62.237, does not apply to 1st
25class cities under special charter.
AB43,1168
1Section
1168. 62.09 (11) (m) of the statutes is created to read:
AB43,768,62
62.09
(11) (m) The clerk shall make a certified claim against the state, without
3direction from the council, in all cases in which the reimbursement is directed in s.
416.51 (7), upon forms prescribed by the department of administration. The forms
5shall contain information required by the clerk and shall be filed annually with the
6department of corrections on or before June 1.
AB43,1169
7Section
1169. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and
8amended to read:
AB43,768,179
62.22
(1) Purposes. Except as provided in par. (b), the The governing body of
10any city may by gift, purchase or condemnation acquire property, real or personal,
11within or outside the city, for parks, recreation, water systems, sewage or waste
12disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
13any other public purpose; may acquire real property within or contiguous to the city,
14by means other than condemnation, for industrial sites; may improve and beautify
15the same; may construct, own, lease and maintain buildings on such property for
16public purposes; and may sell and convey such property. The power of condemnation
17for any such purpose shall be as provided by ch. 32.
AB43,1170
18Section
1170. 62.22 (1) (b) of the statutes is repealed.
AB43,1171
19Section
1171. 62.23 (17) (a) (intro.) of the statutes is amended to read:
AB43,769,220
62.23
(17) (a) (intro.)
Except as provided in par. (am), cities Cities may acquire
21by gift, lease, purchase, or condemnation any lands within its corporate limits for
22establishing, laying out, widening, enlarging, extending, and maintaining memorial
23grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
24buildings, and reservations in and about and along and leading to any or all of the
1same or any lands adjoining or near to such city for use, sublease, or sale for any of
2the following purposes:
AB43,1172
3Section
1172. 62.23 (17) (am) of the statutes is repealed.
AB43,1173
4Section
1173. 66.0104 of the statutes is repealed.
AB43,1174
5Section 1174
. 66.0107 (1) (bm) of the statutes is amended to read:
AB43,769,156
66.0107
(1) (bm) Enact and enforce an ordinance
to prohibit the possession of
7marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g)
8(intro.), and provide a forfeiture for a violation of the ordinance
that is consistent
9with s. 961.71 or 961.72; except that if a complaint is issued
regarding an allegation
10of possession of more than 25 grams of marijuana, or possession of any amount of
11marijuana following a conviction in this state for possession of marijuana alleging
12a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be
13prosecuted under this paragraph for the same action that is the subject of the
14complaint unless the charges are dismissed or the district attorney declines to
15prosecute the case.
AB43,1175
16Section 1175
. 66.0129 (5) of the statutes is amended to read:
AB43,769,2117
66.0129
(5) Bids for construction. The nonprofit corporation shall let all
18contracts exceeding $1,000 for the construction, maintenance or repair of hospital
19facilities to the lowest responsible bidder after advertising for bids by the publication
20of a class 2 notice under ch. 985.
Section Sections 66.0901
applies and 66.0903 apply 21to bids and contracts under this subsection.
AB43,1176
22Section
1176. 66.0134 of the statutes is repealed.
AB43,1177
23Section
1177. 66.0137 (4) of the statutes is amended to read:
AB43,770,524
66.0137
(4) Self-insured health plans. If a city, including a 1st class city, or
25a village provides health care benefits under its home rule power, or if a town
1provides health care benefits, to its officers and employees on a self-insured basis,
2the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
3632.728, 632.729, 632.746
(1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85,
4632.853, 632.855, 632.861,
632.862, 632.867, 632.87 (4) to
(6) (8), 632.871, 632.885,
5632.89, 632.895
(9) (8) to (17), 632.896, and 767.513 (4).
AB43,1178
6Section
1178. 66.0301 (1) (a) of the statutes is amended to read:
AB43,770,237
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
8“municipality" means the state or any department or agency thereof, or any city,
9village, town, county, or school district, the opportunity schools and partnership
10programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
11schools opportunity schools and partnership program under s. 119.33, or any public
12library system, public inland lake protection and rehabilitation district, sanitary
13district, farm drainage district, metropolitan sewerage district, sewer utility district,
14solid waste management system created under s. 59.70 (2), local exposition district
15created under subch. II of ch. 229, local professional baseball park district created
16under subch. III of ch. 229, local professional football stadium district created under
17subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
18transit authority created under s. 66.1039, long-term care district under s. 46.2895,
19water utility district, mosquito control district, municipal electric company, county
20or city transit commission, commission created by contract under this section,
21taxation district, regional planning commission, housing authority created under s.
2266.1201, redevelopment authority created under s. 66.1333, community
23development authority created under s. 66.1335, or city-county health department.
AB43,1179
24Section
1179. 66.0408 (2) (d) of the statutes is repealed.
AB43,1180
25Section 1180
. 66.04185 of the statutes is created to read:
AB43,771,4
166.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or
2county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is
3by an individual who has no more than 6 marijuana plants at one time for his or her
4personal use.
AB43,1181
5Section 1181
. 66.0422 (1) (cr) of the statutes is created to read:
AB43,771,76
66.0422
(1) (cr) “Unserved area” means an area of this state that is designated
7as an unserved area by the public service commission under s. 196.504 (2) (e).
AB43,1182
8Section
1182. 66.0422 (2) (c) of the statutes is amended to read:
AB43,771,189
66.0422
(2) (c) No less than 30 days before the public hearing, the local
10government prepares and makes available for public inspection a report estimating
11the total costs of, and revenues derived from, constructing, owning, or operating the
12facility and including a cost-benefit analysis of the facility for a period of at least 3
13years. The costs that are subject to this paragraph include personnel costs and costs
14of acquiring, installing, maintaining, repairing, or operating any plant or
15equipment, and include an appropriate allocated portion of costs of personnel, plant,
16or equipment that are used to provide jointly both telecommunications services and
17other services.
This paragraph does not apply to a broadband facility that is intended
18to serve an unserved area.
AB43,1183
19Section
1183. 66.0422 (3d) (intro.) of the statutes is amended to read:
AB43,772,220
66.0422
(3d) (intro.) Subsection (2) does not apply to a facility for providing
21broadband service to an area within the boundaries of a local government if
the local
22government asks, in writing, each person that provides broadband service within the
23boundaries of the local government whether the person currently provides
24broadband service to the area and, if the area is not an unserved area, whether the
25person intends to provide broadband service to the area within 9 months, or, if the
1area is an unserved area, whether the person actively plans to provide broadband
2service to the area within 3 months and any of the following are satisfied:
AB43,1184
3Section
1184. 66.0422 (3d) (a) of the statutes is amended to read:
AB43,772,114
66.0422
(3d) (a)
The local government asks, in writing, each person that
5provides broadband service within the boundaries of the local government whether
6the person currently provides broadband service to the area or intends to provide
7broadband service within 9 months to the area and within 60 days after receiving the
8written request no person responds in writing to the The local government
does not
9receive a response in writing that
the a person currently provides broadband service
10to the area or intends
or actively plans to provide broadband service to the area
11within
9 months the relevant time period.
AB43,1185
12Section
1185. 66.0422 (3d) (b) of the statutes is amended to read:
AB43,772,1613
66.0422
(3d) (b) The local government determines that a person who responded
14to a written request under par. (a) that the person currently provides broadband
15service to the area did not actually provide broadband service to the area and no other
16person
makes the response responds to the local government
described in par. (a).
AB43,1186
17Section
1186. 66.0422 (3d) (c) of the statutes is amended to read:
AB43,772,2318
66.0422
(3d) (c) The local government determines that a person who responded
19to a written request under par. (a) that the person intended
or actively planned to
20provide broadband service to the area within
9 months the relevant time period did
21not actually provide broadband service to the area within
9 months the relevant time
22period and no other person
makes the response
responds to the local government
23described in par. (a).
AB43,1187
24Section
1187. 66.0422 (3m) (b) of the statutes is amended to read:
AB43,773,3
166.0422
(3m) (b) The municipality itself does not use the facility to provide
2broadband service to end users.
This paragraph does not apply to a facility that is
3intended to serve an unserved area.
AB43,1188
4Section
1188. 66.0422 (3m) (c) of the statutes is amended to read:
AB43,773,95
66.0422
(3m) (c) The municipality determines that, at the time that the
6municipality authorizes the construction, ownership, or operation of the facility,
7whichever occurs first, the facility does not compete with more than one provider of
8broadband service.
This paragraph does not apply to a facility that is intended to
9serve an unserved area.
AB43,1189
10Section
1189. 66.0435 (3) (g) of the statutes is amended to read:
AB43,773,1311
66.0435
(3) (g) Failure to timely pay the tax prescribed in this subsection shall
12be treated as a default in payment of
personal property tax and is subject to all
13procedures and penalties applicable under chs. 70 and 74.
AB43,1190
14Section
1190. 66.0441 of the statutes is created to read:
AB43,773,15
1566.0441 Quarry hours of operation.
(1) In this section:
AB43,773,1616
(a) “Political subdivision” means a city, village, town, or county.
AB43,773,1917
(b) “Public works project” means a federal, state, county, or municipal project
18that involves the construction, maintenance, or repair of a public transportation
19facility or other public infrastructure and in which nonmetallic minerals are used.
AB43,773,2320
(c) “Quarry” means the surface area from which nonmetallic minerals,
21including soil, clay, sand, gravel, and construction aggregate, that are used for a
22public works project or a private construction or transportation project are extracted
23and processed.
AB43,774,3
1(d) “Quarry operations” means the extraction and processing of minerals at a
2quarry and all related activities, including blasting, vehicle and equipment access
3to the quarry, and loading and hauling of material to and from the quarry.
AB43,774,7
4(2) A political subdivision may not limit the times that quarry operations may
5occur if the materials produced by the quarry will be used in a public works project
6that requires construction work to be performed during the night or an emergency
7repair.
AB43,1191
8Section 1191
. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and
9amended to read:
AB43,774,1310
66.0501
(1) (a)
No Except as provided in par. (b), no person may be appointed
11deputy sheriff of any county or police officer for any city, village
, or town unless that
12person is a citizen of the United States. This section does not apply to common
13carriers or to a deputy sheriff not required to take an oath of office.
AB43,1192
14Section 1192
. 66.0501 (1) (b) of the statutes is created to read:
AB43,774,1915
66.0501
(1) (b) The sheriff of a county or the appointing authority of a local law
16enforcement agency that provides police service to a city, village, or town may elect
17to authorize the appointment of noncitizens who are in receipt of valid employment
18authorization from the federal department of homeland security as deputy sheriffs
19for that county or as police officers for that city, village, or town.
AB43,1193
20Section
1193. 66.0509 (1m) (c) 1. of the statutes is amended to read:
AB43,774,2221
66.0509
(1m) (c) 1. A grievance procedure that addresses employee
22terminations
, employee discipline, and workplace safety.
AB43,1194
23Section
1194. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to
24read:
AB43,775,2
166.0509
(1m) (c) 2. A just cause standard of review for employee terminations,
2including a refusal to renew a teaching contract under s. 118.22.
AB43,1195
3Section
1195. 66.0509 (1m) (c) 3. of the statutes is repealed.
AB43,1196
4Section
1196. 66.0509 (1m) (d) 2. of the statutes is amended to read:
AB43,775,65
66.0509
(1m) (d) 2. A hearing before an impartial hearing officer
from the
6employment relations commission.
AB43,1197
7Section
1197. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:
AB43,775,98
66.0509
(1m) (d) 4. A provision indicating that the grievant shall be entitled
9to representation throughout the grievance process.