AB68: Bill Text

AB68,767,9 54.15 (8) (a) 2m. A sworn and notarized statement that the proposed guardian has completed the training requirements under s. 54.26 (1), unless exempted under s. 54.26 (2) (c), (d), or (e).

AB68,1069 Section 1069 . 54.15 (8) (b) of the statutes is amended to read:

AB68,767,14 54.15 (8) (b) If par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d. applies to the proposed guardian, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the applicable event under par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d.

AB68,1070 Section 1070. 54.26 of the statutes is created to read:

AB68,767,18 54.26 Guardian training requirements. (1) Required training topics. (a) Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics:

AB68,767,20 1. The duties and responsibilities of a guardian of the person under the law and limits of the guardian's decision-making authority.

AB68,767,22 2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.

AB68,767,23 3. Rights retained by a ward.

AB68,768,3 4. Best practices for a guardian to solicit and understand the wishes and preferences of a ward, to involve a ward in decision making, and to take a ward's wishes and preferences into account in decisions made by the guardian.

AB68,768,4 5. Restoration of a ward's rights and the process for removal of guardianship.

AB68,768,6 6. Future planning and identification of a potential standby or successor guardian.

AB68,768,7 7. Resources and technical support for guardians.

AB68,768,9 (b) Every guardian of the estate shall complete training on all of the following topics:

AB68,768,11 1. The duties and responsibilities of a guardian of the estate under the law and limits of the guardian's decision-making authority.

AB68,768,12 2. Inventory and accounting requirements.

AB68,768,15 (2) Initial training requirements. (a) Before the final hearing for a permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the person is required to receive the training required under sub. (1) (a).

AB68,768,18 (b) Before the final hearing for permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the estate is required to receive at least the training required under sub. (1) (b).

AB68,768,20 (c) A guardian under s. 54.15 (7) who is regulated by the department is exempt from pars. (a) and (b).

AB68,768,22 (d) A volunteer guardian who has completed the training requirements under sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.

AB68,768,24 (e) A guardian of the person or a guardian of the estate, or both, for a minor under s. 54.10 (1) is exempt from pars. (a) and (b).

AB68,1071 Section 1071 . 54.960 (1) of the statutes is amended to read:

AB68,769,7 54.960 (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife 2 individuals who are married to each other, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.

AB68,1072 Section 1072. 59.10 (intro.) of the statutes is amended to read:

AB68,769,15 59.10 Boards: composition; election; terms; compensation; compatibility. (intro.) The boards of the several counties shall be composed of representatives from within the county who are elected and compensated as provided in this section. Each board shall act under sub. (2), (3) or (5), unless the board enacts an ordinance, by a majority vote of the entire membership, to act under sub. (1). If a board enacts such ordinance, a certified copy shall be filed with the secretary of state administration.

AB68,1073 Section 1073. 59.10 (2) (d) 1. of the statutes is amended to read:

AB68,770,7 59.10 (2) (d) 1. `Number of supervisors; redistricting.' The board may, not more than once prior to November 15, 2010, decrease the number of supervisors after the enactment of a supervisory district plan under par. (a). In that case, the board shall redistrict, readjust, and change the boundaries of supervisory districts, so that the number of districts equals the number of supervisors, the districts are substantially equal in population according to the most recent countywide federal census, the districts are in as compact a form as possible, and the districts consist of contiguous municipalities or contiguous whole wards in existence at the time at which the amended redistricting plan is adopted, except as authorized in sub. (3) (b) 2. In the amended plan, the board shall adhere to the requirements under sub. (3) (b) 2. with regard to contiguity and shall, to the extent possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In the amended plan, the original numbers of the districts in their geographic outlines, to the extent possible, shall be retained. The chairperson of the board shall file a certified copy of any amended plan adopted under this subdivision with the secretary of state administration.

AB68,1074 Section 1074. 59.10 (3) (b) 4. of the statutes is amended to read:

AB68,770,14 59.10 (3) (b) 4. The chairperson of the board shall file a certified copy of the final districting plan with the secretary of state administration. Unless otherwise ordered under sub. (6), a plan enacted and filed under this paragraph, together with any authorized amendment that is enacted and filed under this section, remains in effect until the plan is superseded by a subsequent plan enacted under this subsection and a certified copy of that plan is filed with the secretary of state administration.

AB68,1075 Section 1075. 59.10 (3) (c) 4. of the statutes is amended to read:

AB68,770,17 59.10 (3) (c) 4. The chairperson of the board shall file a certified copy of any amended plan under this paragraph with the secretary of state administration.

AB68,1076 Section 1076. 59.10 (3) (cm) 1. of the statutes is amended to read:

AB68,771,13 59.10 (3) (cm) 1. `Number of supervisors; redistricting.' Except as provided in subd. 3., following the enactment of a decennial supervisory district plan under par. (b), the board may decrease the number of supervisors. In that case, the board shall redistrict, readjust, and change the boundaries of supervisory districts, so that the number of districts equals the number of supervisors, the districts are substantially equal in population according to the most recent countywide federal census, the districts are in as compact a form as possible, and the districts consist of contiguous municipalities or contiguous whole wards in existence at the time at which the redistricting plan is adopted, except as authorized in par. (b) 1. In the redistricting plan, the board shall adhere to the requirements under par. (b) 2. with regard to contiguity and shall, to the extent possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In redistricting under this subdivision, the original numbers of the districts in their geographic outlines, to the extent possible, shall be retained. No plan may be enacted under this subdivision during review of the sufficiency of a petition filed under subd. 2. nor after a referendum is scheduled on such a petition. However, if the electors of the county reject a change in the number of supervisory districts under subd. 2., the board may then take action under this subdivision except as provided in subd. 3. The county clerk shall file a certified copy of any redistricting plan enacted under this subdivision with the secretary of state administration.

AB68,1077 Section 1077. 59.10 (3) (cm) 2. of the statutes is amended to read:

AB68,773,12 59.10 (3) (cm) 2. `Petition and referendum.' Except as provided in subd. 3., the electors of a county may, by petition and referendum, decrease the number of supervisors at any time after the first election is held following enactment of a decennial supervisory district plan under par. (b). A petition for a change in the number of supervisors may be filed with the county clerk. Prior to circulating a petition to decrease the number of supervisors in any county, a petitioner shall register with the county clerk, giving the petitioner's name and address and indicating the petitioner's intent to file such a petition. No signature on a petition is valid unless the signature is obtained within the 60-day period following such registration. The petition shall specify the proposed number of supervisors to be elected. Within 14 days after the last day for filing an original petition, any other petitioner may file an alternative petition with the county clerk proposing a different number of supervisors to be elected, and, if the petition is valid, the alternative proposed in the petition shall be submitted for approval at the same referendum. An alternative petition is subject to the same registration and signature requirements as an original petition. Each petition shall be in the form specified in s. 8.40 and shall contain a number of signatures of electors of the county equal to at least 25 percent of the total votes cast in the county for the office of supervisor at the most recent spring election preceding the date of filing. The county clerk shall promptly determine the sufficiency of a petition filed under this subdivision. Upon determination that a petition is sufficient, or if one or more valid alternative petitions are filed, upon determination that the petitions are sufficient, the county clerk shall call a referendum concurrently with the next spring or general election in the county that is held not earlier than 70 days after the determination is made. The question proposed at the referendum shall be: “Shall the board of supervisors of .... County be decreased from .... members to .... members?". If one or more alternative valid petitions are filed within 14 days after the last day that an original petition may be filed, the question relating to the number of supervisors shall appear separately. The first question shall be: “Shall the size of the county board of supervisors of .... County be decreased from its current membership of .... members?". Any subsequent question shall be: “If so, shall the size of the board be decreased to .... members?". Each elector may vote in the affirmative or negative on the first question and may then vote in the affirmative on one of the remaining questions. If the first question is not approved by a majority of the electors voting on the question, any subsequent question is of no effect. If the question is approved by a majority of the electors voting on the question, or, if more than one question is submitted, if the first question is approved by a majority of the electors voting on the question, the board shall enact an ordinance prescribing revised boundaries for the supervisory districts in the county. The ordinance shall be enacted in accordance with the approved question or, if more than one question is submitted, in accordance with the choice receiving a plurality of the votes cast. The districts are subject to the same requirements that apply to districts in any plan enacted by the board under subd. 1. If the board has determined under sub. (1) (b) to adopt staggered terms for the office of supervisor, the board may change the expiration date of the term of any supervisor to an earlier date than the date provided under current ordinance if required to implement the redistricting or to maintain classes of members. The county clerk shall file a certified copy of any redistricting plan enacted under this subdivision with the secretary of state administration.

AB68,1078 Section 1078. 59.17 (2) (b) 7. of the statutes is repealed.

AB68,1079 Section 1079. 59.23 (2) (m) 2. of the statutes is amended to read:

AB68,773,20 59.23 (2) (m) 2. Except as otherwise provided, receive and file the official oaths and bonds of all county officers and upon request shall certify under the clerk's signature and seal the official capacity and authority of any county officer so filing and charge the statutory fee. Upon the commencement of each term every clerk shall file the clerk's signature and the impression of the clerk's official seal in the office of the secretary of state administration.

AB68,1080 Section 1080. 59.23 (2) (s) of the statutes is amended to read:

AB68,774,6 59.23 (2) (s) List of local officials. Annually, on the first Tuesday of June, transmit to the secretary of state administration a list showing the name, phone number, electronic mail address, and post-office address of local officials, including the chairperson, mayor, president, clerk, treasurer, council and board members, and assessor of each municipality, and of the elective or appointive officials of any other local governmental unit, as defined in s. 66.0135 (1) (c), that is located wholly or partly within the county. Such lists shall be placed on file for the information of the public. The clerk, secretary, or other administrative officer of a local governmental unit, as defined in s. 66.0137 (1) (as), shall provide the county clerk the information he or she needs to complete the requirements of this paragraph.

AB68,1081 Section 1081. 59.43 (1c) (t) of the statutes is amended to read:

AB68,774,10 59.43 (1c) (t) Upon commencement of each term, file his or her signature and the impression of his or her official seal or rubber stamp in the office of the secretary of state administration.

AB68,1082 Section 1082. 59.52 (4) (a) 1. of the statutes is amended to read:

AB68,774,13 59.52 (4) (a) 1. Notices of tax apportionment that are received from the secretary of state administration, after 3 years.

AB68,1083 Section 1083. 59.52 (6) (a) of the statutes is amended to read:

AB68,775,2 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).

AB68,1084 Section 1084. 59.52 (29) (a) of the statutes is amended to read:

AB68,775,19 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.

AB68,1085 Section 1085 . 59.54 (25) (title) of the statutes is amended to read:

AB68,775,21 59.54 (25) (title) Possession Regulation of marijuana.

AB68,1086 Section 1086 . 59.54 (25) (a) (intro.) of the statutes is amended to read:

AB68,776,6 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:

AB68,1087 Section 1087. 59.796 of the statutes is repealed.

AB68,1088 Section 1088. 60.33 (10p) of the statutes is created to read:

AB68,776,13 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.

AB68,1089 Section 1089. 60.47 (2) (a) of the statutes is amended to read:

AB68,776,18 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.

AB68,1090 Section 1090. 60.47 (2) (b) of the statutes is amended to read:

AB68,776,24 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.

AB68,1091 Section 1091. 60.565 (title) of the statutes is amended to read:

AB68,777,2 60.565 (title) Ambulance Emergency medical service and ambulance service.

AB68,1092 Section 1092. 60.565 of the statutes is renumbered 60.565 (1) (a) and amended to read:

AB68,777,9 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.

AB68,777,11 (c) The town board may purchase equipment for medical and other emergency calls.

AB68,1093 Section 1093. 60.565 (1) (b) of the statutes is created to read:

AB68,777,15 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.

AB68,1094 Section 1094. 60.565 (2) of the statutes is created to read:

AB68,777,18 60.565 (2) Funding. (a) The town board may determine and charge a reasonable fee for ambulance services provided under sub. (1) (a).

AB68,777,20 (b) The town board may do any of the following for the purpose of funding emergency medical services under sub. (1) (b):

AB68,777,21 1. Appropriate money.

AB68,777,24 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.

AB68,777,25 3. Levy taxes on the entire town.

AB68,778,2 4. Levy taxes on property served by a particular source of emergency medical services, to support the source of emergency medical services.

AB68,1095 Section 1095. 60.782 (2) (d) of the statutes is amended to read:

AB68,778,9 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).

AB68,1096 Section 1096. 61.187 (2) (d) of the statutes is amended to read:

AB68,778,24 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.

AB68,1097 Section 1097. 61.189 (2) of the statutes is amended to read:

AB68,779,14 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.

AB68,1098 Section 1098. 61.25 (11) of the statutes is created to read:

AB68,779,20 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.

AB68,1099 Section 1099. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended to read:

AB68,780,7 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.

AB68,1100 Section 1100. 61.34 (3) (b) of the statutes is repealed.

AB68,1101 Section 1101. 62.03 (1) of the statutes is amended to read:

AB68,780,12 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.

AB68,1102 Section 1102. 62.09 (11) (m) of the statutes is created to read:

AB68,780,19 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.

AB68,1103 Section 1103. 62.15 (1) of the statutes is amended to read:

AB68,781,6 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.