AB68: Bill Text

AB68,2384 Section 2384 . 175.35 (2L) of the statutes is amended to read:

AB68,1292,17 175.35 (2L) The department of justice shall promulgate rules providing for the review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right to purchase receive a transfer of a handgun firearm because the firearms dealer received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms restrictions record search review under those rules. If the person disagrees with the results of that review, the person may file an appeal under rules promulgated by the department.

AB68,2385 Section 2385 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB68,1292,20 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB68,1292,22 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB68,1292,24 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB68,2386 Section 2386 . 175.35 (3) (b) 2. of the statutes is amended to read:

AB68,1293,6 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500.

AB68,2387 Section 2387. 175.405 of the statutes is repealed.

AB68,2388 Section 2388 . 175.60 (7) (d) of the statutes is amended to read:

AB68,1293,10 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB68,2389 Section 2389 . 175.60 (9g) (a) 2. of the statutes is amended to read:

AB68,1294,4 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (2t) or (3), or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB68,2390 Section 2390 . 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB68,1294,7 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB68,2391 Section 2391. 175.65 of the statutes is created to read:

AB68,1294,11 175.65 Law enforcement agency employment files. Each Wisconsin law enforcement agency, as defined in s. 165.85 (2) (bv), shall keep an employment file, as defined in s. 165.85 (2) (ap), for each person the agency employs.

AB68,2392 Section 2392 . 182.004 (6) of the statutes is amended to read:

AB68,1294,18 182.004 (6) Stock may be issued and leases made to husband and wife spouses, and to the survivor of them, in which event title shall descend the same as in like conveyances of real property subject to ch. 766. Otherwise, title to the stock and lease shall descend to the persons to whom a homestead of the stockholder would descend except as provided in ch. 766. The interest of a tenant in the lease and stock shall be exempt from execution to the same extent as a homestead in real estate.

AB68,2393 Section 2393 . 182.01 (7) of the statutes is created to read:

AB68,1294,22 182.01 (7) Information to be provided with business formation filings. The department shall provide informational materials and resources on worker misclassification to each person who files with the department any of the following:

AB68,1294,23 (a) Articles of incorporation under s. 180.0202 or 181.0202.

AB68,1294,24 (b) Articles of organization under s. 183.0202.

AB68,1294,25 (c) A statement of qualification under s. 178.0901.

AB68,1295,1 (d) A certificate of limited partnership under s. 179.11.

AB68,2394 Section 2394. 182.0172 of the statutes is created to read:

AB68,1295,4 182.0172 Electric providers using easements to provide broadband. (1) In this section:

AB68,1295,7 (a) 1. “Broadband infrastructure” means any of the following that can be used to facilitate, directly or indirectly, originate, send, and receive high-quality voice, data, graphics, video, and video programming communications:

AB68,1295,8 a. Materials.

AB68,1295,9 b. Wires.

AB68,1295,11 c. Cables, including fiber optic and copper cables regardless of whether the cables are dark or lit and whether the cables are in use or dormant.

AB68,1295,12 d. Conduits.

AB68,1295,13 e. Antennas.

AB68,1295,14 f. Equipment.

AB68,1295,15 g. Fixtures.

AB68,1295,16 h. Switching multiplexers.

AB68,1295,17 i. Poles.

AB68,1295,18 j. Routers.

AB68,1295,19 k. Switches.

AB68,1295,20 L. Servers.

AB68,1295,21 m. Appurtenances.

AB68,1295,22 n. Facilities.

AB68,1295,23 o. Ancillary or auxiliary equipment.

AB68,1295,25 2. “Broadband infrastructure” does not include new poles or new towers that are used exclusively for providing broadband services.

AB68,1296,1 (b) “Electric provider” means any of the following:

AB68,1296,3 1. A public utility, as defined in s. 196.01 (5), that generates, transmits, or distributes electric energy at wholesale or retail.

AB68,1296,6 2. A cooperative association incorporated under ch. 185 to do business in this state that carries on the business of generating, transmitting, or distributing electric energy to its members at wholesale or retail.

AB68,1296,8 (2) (a) 1. An electric provider may use an easement that it holds for any of the following purposes:

AB68,1296,11 a. Installing or maintaining broadband infrastructure to provide broadband services or allowing a supplier of broadband services to install or maintain broadband infrastructure to provide broadband services.

AB68,1296,13 b. Leasing or providing to a supplier of broadband services any excess capacity in the electric provider's broadband infrastructure.

AB68,1296,16 2. This paragraph does not exempt, except, or exclude an electric provider or supplier of broadband services from complying with any provision of state or federal law applicable to siting broadband infrastructure or providing broadband services.

AB68,1296,19 (b) Except as provided in par. (c) 1., terms or conditions of an easement held by an electric provider that inhibit the electric provider from using the easement for a purpose under par. (a) do not apply.

AB68,1296,21 (c) Paragraphs (a) and (b) do not apply to an easement that does any of the following:

AB68,1296,23 1. Expressly prohibits, by its terms, using the easement for a purpose under par. (a).

AB68,1296,24 2. Applies to property owned by the state or a city, village, town, or county.

AB68,1297,2 (3) (a) In this subsection, “owner” means a person who owns a fee simple or life estate interest in land or who is a land contract vendee.

AB68,1297,7 (b) At least 30 days before first using an easement for a purpose under sub. (2) (a), an electric provider shall make a reasonable attempt to mail a notice to the owner of the property subject to the easement, as determined from records of the office of the register of deeds of the county in which the property subject to the easement is located, by mailing a notice to at least one of the following:

AB68,1297,8 1. The last known address for the owner of the property subject to the easement.

AB68,1297,10 2. The address listed with the county real property lister for the owner of the property subject to the easement.

AB68,1297,13 3. The registered agent office or principal office listed in the records of the department of financial institutions for the owner of the property subject to the easement.

AB68,1297,16 (c) If an electric provider is unable to identify an address to mail a notice under par. (b), the electric provider shall publish a class 1 notice under ch. 985 at least 30 days before first using an easement for a purpose under sub. (2) (a).

AB68,1297,18 (d) An electric provider shall include all of the following in a notice under par. (b) or (c):

AB68,1297,21 1. An identification of the property subject to the easement, which may be made by reference to the property address, by reference to the tax parcel number of the property, by map, or by legal description.

AB68,1297,23 2. A statement that the electric provider intends to install broadband infrastructure or use existing infrastructure to make broadband service available.

AB68,1297,25 3. An estimate of when the electric provider intends to install or begin using infrastructure under subd. 2.

AB68,1298,1 4. A reference to this section.

AB68,1298,4 5. A statement explaining that the electric provider may record a memorandum stating that the electric provider may use the easement for a purpose under sub. (2) (a).

AB68,1298,7 6. A notice that the owner of the property subject to the easement may not bring an action against the electric provider for using an easement for a purpose under sub. (2) (a) after one year after the date of receiving the notice.

AB68,1298,11 (4) Beginning 30 days after providing notice under sub. (3), an electric provider may record a memorandum in the office of the register of deeds of a county in which property subject to an easement used for a purpose under sub. (2) (a) is located. The electric provider shall include all of the following in the memorandum:

AB68,1298,12 (a) One of the following:

AB68,1298,13 1. If the easement is recorded, recording information for the easement.

AB68,1298,15 2. If the easement is unrecorded or a prescriptive easement under s. 893.28 (2), the legal description of the parcel subject to the easement.

AB68,1298,16 (b) A reference to this section.

AB68,1298,18 (c) A statement that the electric provider may use the easement for a purpose under sub. (2) (a).

AB68,1298,21 (d) A statement that terms or conditions of the easement that inhibit the electric provider from using the easement for a purpose under sub. (2) (a) do not apply.

AB68,1298,24 (5) (a) In this subsection, “owner” means an owner of or other person holding an interest in real property subject to an easement used for a purpose under sub. (2) (a).

AB68,1299,6 (b) 1. If an owner provides an electric provider, a subsidiary of an electric provider, or a supplier of broadband services with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a), the electric provider, subsidiary, or supplier of broadband services shall do one of the following within 30 days:

AB68,1299,8 a. Pay the owner the amount of damages identified in the appraisal provided by the owner.

AB68,1299,16 b. Notify the owner that it disputes the appraisal. If an electric provider, subsidiary, or supplier of broadband services disputes the appraisal provided by the owner under this subd. 1. b., the electric provider, subsidiary, or supplier of broadband services shall within 90 days provide the owner with an appraisal performed by an appraiser licensed under ch. 458 comparing the fair market value of the owner's real property interest immediately before and after an easement on the property is used for a purpose under sub. (2) (a). The owner shall make reasonable accommodations for performance of the appraisal under this subd. 1. b.

AB68,1299,23 2. If an owner who receives an appraisal under subd. 1. b. from an electric provider, subsidiary, or supplier of broadband services provides to the electric provider, subsidiary, or supplier of broadband services written notice accepting the appraisal or does not bring an action under par. (d) within 30 days of receiving the appraisal, the electric provider, subsidiary, or supplier of broadband services shall promptly remit payment to the owner for the difference in the fair market value of the owner's real property interest identified in the appraisal.

AB68,1300,2 (c) An owner may not bring an action against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) except as provided under this subsection.

AB68,1300,7 (d) An owner may bring an action under this subsection against an electric provider, a subsidiary of an electric provider, or a supplier of broadband services for damages from a decrease in the value of the owner's interest in real property due to the use of an easement for a purpose under sub. (2) (a) only if all of the following apply:

AB68,1300,12 1. The owner provides an appraisal under par. (b) 1. to the electric provider, subsidiary, or supplier of broadband services within one year after the date that the owner receives notice under sub. (3) or, if the owner receives no notice under sub. (3), within one year after the date that a memorandum referring to an easement that applies to the property is recorded under sub. (4).

AB68,1300,15 2. The owner brings the action within 30 days after receiving an appraisal from the electric provider, subsidiary, or supplier of broadband services under par. (b) 1. b.

AB68,1300,23 (e) The maximum recovery under this subsection may not exceed the difference between the fair market value of the owner's real property interest immediately before an easement on the property is used for a purpose under sub. (2) (a) and the fair market value of the owner's real property interest immediately after an easement on the property is used for a purpose under sub. (2) (a). Evidence of revenues, profits, or fees received by an electric provider, a subsidiary of an electric provider, or a supplier of broadband services shall not be admissible as evidence in any proceeding or action under this subsection.

AB68,2395 Section 2395 . 185.983 (1) (intro.) of the statutes is amended to read:

AB68,1301,8 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a cooperative association organized under s. 185.981 shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.729, 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (2) to (6), 632.871, 632.885, 632.89, 632.895 (5) and (8) to (17), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and 646, but the sponsoring association shall:

AB68,2396 Section 2396 . 185.983 (1) (intro.) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 2395 , is amended to read: