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SB70-SSA2-SA2,223,1610 891.40 (1) (a) If, under the supervision of a licensed physician and with the
11spouse's consent of her husband, a wife person is inseminated artificially as provided
12in par. (b)
with semen donated by a man person who is not her husband the spouse
13of the person being inseminated
, the husband spouse of the mother inseminated
14person
at the time of the conception of the child shall be the natural father parent
15of a child conceived. The husband's spouse's consent must be in writing and signed
16by him or her and his wife. The by the inseminated person.
SB70-SSA2-SA2,223,23 17(c) 1. If the artificial insemination under par. (a) takes place under the
18supervision of a licensed physician, the
physician shall certify their the signatures
19on the consent and the date of the insemination, and shall file the husband's spouse's
20consent with the department of health services, where it shall be kept. If the
21artificial insemination under par. (a) does not take place under the supervision of a
22licensed physician, the spouses shall file the signed consent, which shall include the
23date of the insemination, with the department of health services.
SB70-SSA2-SA2,223,25 242. The department of health services shall keep a consent filed under subd. 1.
25confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,
SB70-SSA2-SA2,224,2
13. Notwithstanding subd. 1., the physician's or spouses' failure to file the
2consent form does not affect the legal status of father natural parent and child.
SB70-SSA2-SA2,224,6 3(d) All papers and records pertaining to the artificial insemination under par.
4(a)
, whether part of the permanent record of a court or of a file held by the a
5supervising physician or sperm bank or elsewhere, may be inspected only upon an
6order of the court for good cause shown.
SB70-SSA2-SA2,434 7Section 434. 891.40 (1) (b) of the statutes is created to read:
SB70-SSA2-SA2,224,98 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the
9following:
SB70-SSA2-SA2,224,1110 1. The artificial insemination takes place under the supervision of a licensed
11physician.
SB70-SSA2-SA2,224,1212 2. The semen used for the insemination is obtained from a sperm bank.
SB70-SSA2-SA2,435 13Section 435. 891.40 (2) of the statutes is amended to read:
SB70-SSA2-SA2,224,1714 891.40 (2) The donor of semen provided to a licensed physician or obtained from
15a sperm bank
for use in the artificial insemination of a woman other than the donor's
16wife spouse is not the natural father parent of a child conceived, bears no liability for
17the support of the child, and has no parental rights with regard to the child.
SB70-SSA2-SA2,436 18Section 436. 891.40 (3) of the statutes is created to read:
SB70-SSA2-SA2,224,2119 891.40 (3) This section applies with respect to children conceived before, on,
20or after the effective date of this subsection .... [LRB inserts date], as a result of
21artificial insemination.
SB70-SSA2-SA2,437 22Section 437. 891.405 of the statutes is amended to read:
SB70-SSA2-SA2,225,2 23891.405 Presumption of paternity parentage based on
24acknowledgment.
A man person is presumed to be the natural father parent of a
25child if he the person and the mother person who gave birth have acknowledged

1paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is
2presumed to be the father natural parent under s. 891.41 (1).
SB70-SSA2-SA2,438 3Section 438. 891.407 of the statutes is amended to read:
SB70-SSA2-SA2,225,8 4891.407 Presumption of paternity based on genetic test results. A man
5is presumed to be the natural father of a child if the man has been conclusively
6determined from genetic test results to be the father under s. 767.804 and no other
7man person is presumed to be the father natural parent under s. 891.405 or 891.41
8(1).
SB70-SSA2-SA2,439 9Section 439. 891.41 (title) of the statutes is amended to read:
SB70-SSA2-SA2,225,11 10891.41 (title) Presumption of paternity parentage based on marriage of
11the parties.
SB70-SSA2-SA2,440 12Section 440. 891.41 (1) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,225,1413 891.41 (1) (intro.) A man person is presumed to be the natural father parent
14of a child if any of the following applies:
SB70-SSA2-SA2,441 15Section 441. 891.41 (1) (a) of the statutes is amended to read:
SB70-SSA2-SA2,225,1916 891.41 (1) (a) He The person and the child's established natural mother parent
17are or have been married to each other and the child is conceived or born after
18marriage and before the granting of a decree of legal separation, annulment, or
19divorce between the parties.
SB70-SSA2-SA2,442 20Section 442. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
21and amended to read:
SB70-SSA2-SA2,226,222 891.41 (1) (b) (intro.) He The person and the child's established natural mother
23parent were married to each other after the child was born but he the person and the
24child's established natural mother parent had a relationship with one another

1during the period of time within which the child was conceived and no other man all
2of the following apply:
SB70-SSA2-SA2,226,3 31. No person has been adjudicated to be the father or.
SB70-SSA2-SA2,226,5 42. No other person is presumed to be the father parent of the child under par.
5(a).
SB70-SSA2-SA2,443 6Section 443. 891.41 (2) of the statutes is amended to read:
SB70-SSA2-SA2,226,137 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is
8rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
9man person other than the man person presumed to be the father parent under sub.
10(1) is not excluded as the father of the child and that the statistical probability of the
11man's person's parentage is 99.0 percent or higher, even if the man person presumed
12to be the father natural parent under sub. (1) is unavailable to submit to genetic
13tests, as defined in s. 767.001 (1m).
SB70-SSA2-SA2,444 14Section 444. 891.41 (3) of the statutes is created to read:
SB70-SSA2-SA2,226,1615 891.41 (3) This section applies with respect to children born before, on, or after
16the effective date of this subsection .... [LRB inserts date].
SB70-SSA2-SA2,445 17Section 445. 905.05 (title) of the statutes is amended to read:
SB70-SSA2-SA2,226,18 18905.05 (title) Husband-wife Spousal and domestic partner privilege.
SB70-SSA2-SA2,446 19Section 446. 938.02 (13) of the statutes is amended to read:
SB70-SSA2-SA2,227,1420 938.02 (13) “Parent" means a biological natural parent, a husband who has
21consented to the artificial insemination of his wife under s. 891.40,
or a parent by
22adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
23do not subsequently intermarry under s. 767.803, “parent" includes a person
24conclusively determined from genetic test results to be the father under s. 767.804
25or a person acknowledged under s. 767.805 or a substantially similar law of another

1state or adjudicated to be the biological father natural parent. “Parent" does not
2include any person whose parental rights have been terminated. For purposes of the
3application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to
41963, “parent" means a biological natural parent of an Indian child, an Indian
5husband spouse who has consented to the artificial insemination of his wife or her
6spouse
under s. 891.40, or an Indian person who has lawfully adopted an Indian
7juvenile, including an adoption under tribal law or custom, and includes, in the case
8of a nonmarital Indian child who is not adopted or whose parents do not subsequently
9intermarry under s. 767.803, a person conclusively determined from genetic test
10results to be the father under s. 767.804, a person acknowledged under s. 767.805,
11a substantially similar law of another state, or tribal law or custom to be the
12biological father natural parent, or a person adjudicated to be the biological father
13natural parent, but does not include any person whose parental rights have been
14terminated.
SB70-SSA2-SA2,447 15Section 447. 938.396 (2g) (g) of the statutes is amended to read:
SB70-SSA2-SA2,228,216 938.396 (2g) (g) Paternity Parentage of juvenile. Upon request of a court having
17jurisdiction over actions affecting the family, an attorney responsible for support
18enforcement under s. 59.53 (6) (a) or a party to a paternity proceeding under subch.
19IX of ch. 767, the party's attorney or the guardian ad litem for the juvenile who is the
20subject of that proceeding to review or be provided with information from the records
21of the court assigned to exercise jurisdiction under this chapter and ch. 48 relating
22to the paternity parentage of a juvenile for the purpose of determining the paternity
23parentage of the juvenile or for the purpose of rebutting the presumption of paternity
24under s. 891.405, 891.407, or the presumption of parentage under s. 891.405 or
25891.41, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall

1open for inspection by the requester its records relating to the paternity parentage
2of the juvenile or disclose to the requester those records.
SB70-SSA2-SA2,448 3Section 448. 943.20 (2) (c) of the statutes is amended to read:
SB70-SSA2-SA2,228,64 943.20 (2) (c) “Property of another" includes property in which the actor is a
5co-owner and property of a partnership of which the actor is a member, unless the
6actor and the victim are husband and wife married to each other.
SB70-SSA2-SA2,449 7Section 449. 943.201 (1) (b) 8. of the statutes is amended to read:
SB70-SSA2-SA2,228,98 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent
9before marriage if the surname was changed as a result of marriage
.
SB70-SSA2-SA2,450 10Section 450. 943.205 (2) (b) of the statutes is amended to read:
SB70-SSA2-SA2,228,1311 943.205 (2) (b) “Owner" includes a co-owner of the person charged and a
12partnership of which the person charged is a member, unless the person charged and
13the victim are husband and wife married to each other.
SB70-SSA2-SA2,451 14Section 451. 990.01 (22h) of the statutes is created to read:
SB70-SSA2-SA2,228,1715 990.01 (22h) Natural parent. “Natural parent" means a parent of a child who
16is not an adoptive parent, whether the parent is biologically related to the child or
17not.
SB70-SSA2-SA2,452 18Section 452. 990.01 (39) of the statutes is created to read:
SB70-SSA2-SA2,228,2019 990.01 (39) Spouses. “Spouses" means 2 individuals of the same sex or different
20sexes who are legally married to each other.
SB70-SSA2-SA2,453 21Section 453. 990.01 (40m) of the statutes is created to read:
SB70-SSA2-SA2,228,2322 990.01 (40m) Stepparent. “Stepparent" means a person who is the spouse of
23a child's parent and who is not also a parent of the child.
SB70-SSA2-SA2,9151 24Section 9151. Nonstatutory provisions; Other.
SB70-SSA2-SA2,230,17
1(1) Legislative intent. The legislature intends the repeal of ss. 49.141 (1) (j)
22., 102.51 (1) (a) 2., 115.76 (12) (a) 2. and 3., and 769.401 (2) (g), the renumbering and
3amendment of ss. 891.40 (1) and 891.41 (1) (b), the amendment of ss. 29.219 (4),
429.228 (5) and (6), 29.229 (2) (i), 29.2295 (2) (i), 29.563 (3) (a) 3., 29.607 (3), 45.01 (6)
5(c), 45.51 (3) (c) 2. and (5) (a) 1. b. and c., 45.55, 46.10 (2), 48.02 (13), 48.025 (title),
6(2) (b), and (3) (c), 48.27 (3) (b) 1. a. and b. and (5), 48.299 (6) (intro.) and (e) 1., 2., 3.,
7and 4. and (7), 48.355 (4g) (a) 1., 48.396 (2) (dm), 48.42 (1g) (a) 4., (b), and (c) and (2)
8(b) 1. and 2. and (bm) 1., 48.422 (6) (a) and (7) (bm) and (br), 48.423 (2) (d), 48.432
9(1) (am) 2. b., 48.63 (3) (b) 4. and 5., 48.82 (1) (a), 48.837 (1r) (d) and (e) and (6) (b)
10and (br), 48.913 (1) (a), (b), and (h), (2) (intro.), (b), and (c) (intro.), (3), (4), and (7),
1148.9795 (1) (a) 1. c. and (b), 49.141 (1) (j) 1., 49.155 (1m) (c) 1g. and 1h., 49.163 (2) (am)
122., 49.19 (1) (a) 2. a. and (4) (d) (intro.), 1., 2., 3., 4., and 5., 49.345 (2), 49.43 (12),
1349.471 (1) (b) 2., 49.90 (4), 54.01 (36) (a), 54.960 (1), 69.03 (15), 69.11 (4) (b), 69.12 (5),
1469.13 (2) (b) 4., 69.14 (1) (c) 4., (e) (title) and 1., (f) 1., and (g) and (2) (b) 2. d., 69.15
15(1), (3) (title), (a) (intro.), 1., 2., and 3., (b) 1., 2., 3., and 4. (intro.), a., and b., and (d),
16and (3m) (title), (a) (intro.) and 3., and (b), 71.03 (2) (d) (title), 1., 2., and 3., (g), and
17(m) 2. and (4) (a), 71.05 (22) (a) (title), 71.07 (5m) (a) 3. and (9e) (b), 71.09 (13) (a) 2.,
1871.52 (4), 71.83 (1) (a) 8. and (b) 5., 77.25 (8m), 77.54 (7) (b) 1., 101.91 (5m), 102.07
19(5) (b) and (c), 102.51 (1) (a) 1., 103.10 (1) (h), 103.165 (3) (a) 3., 111.32 (12), 115.76
20(12) (a) 1. and (13), 146.34 (1) (f), 157.05, 182.004 (6), 250.04 (3) (a), 301.50 (1), 700.19
21(2), 705.01 (4) and (4m), 706.09 (1) (e), 765.001 (2), 765.01, 765.03 (1), 765.16 (1m)
22(intro.) and (c), 765.23, 765.24, 765.30 (3) (a), 766.587 (7) (form) 9., 766.588 (9) (form)
2313., 766.589 (10) (form) 14., 767.215 (2) (b) and (5) (a) 2., 767.323, 767.80 (1) (intro.)
24and (c) and (2), 767.803, 767.804 (1) (a) 4., 767.805 (title), (1), (1m), (2) (a) and (b), (3)
25(title) and (a), (4) (intro.) and (d), (5) (a) and (b), and (6) (a) (intro.), 767.855, 767.863

1(1m), 767.87 (1m) (intro.), (8), and (9), 767.883 (1), 769.316 (9), 769.401 (2) (a), 815.20
2(1), 822.40 (4), 851.30 (2) (a), 852.01 (1) (f) 1., 2., and 3., 854.03 (3), 891.39 (title), (1)
3(a) and (b), and (3), 891.40 (2), 891.405, 891.407, 891.41 (title), (1) (intro.) and (a), and
4(2), 905.05 (title), 938.02 (13), 938.396 (2g) (g), 943.20 (2) (c), 943.201 (1) (b) 8., and
5943.205 (2) (b), and the creation of ss. 69.15 (3) (b) 3m., 765.02 (3), 891.40 (1) (b) and
6(3), 891.41 (3), and 990.01 (22h), (39), and (40m) to harmonize the language of the
7Wisconsin statutes relating to marriage and the determination of parentage with the
8provision of s. 990.001 (2), which specifies that words importing one gender extend
9and may be applied to any gender. The legislature intends that by amending the
10statutes relating to marriage and the determination of parentage with respect to
11married couples to use gender neutral language where appropriate so as to clarify
12that the same statutory rights and responsibilities apply between married persons
13of the same sex as between married persons of different sexes and to extend some of
14the presumptions of paternity to either parent, the Wisconsin statutes will be better
15aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S.
16Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a
17fundamental constitutional right to marriage.”.
SB70-SSA2-SA2,230,18 18246. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,230,19 19 Section 454. 23.09 (2) (d) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,231,220 23.09 (2) (d) Lands, acquisition. (intro.) Acquire by purchase, lease or
21agreement, and receive by gifts or devise, lands or waters suitable for the purposes
22enumerated in this paragraph, and maintain such lands and waters for such
23purposes; and, except for the purpose specified under subd. 12., may condemn lands
24or waters suitable for such purposes after obtaining approval of the appropriate

1standing committees of each house of the legislature as determined by the presiding
2officer thereof:
SB70-SSA2-SA2,455 3Section 455. 27.01 (2) (a) of the statutes is amended to read:
SB70-SSA2-SA2,231,104 27.01 (2) (a) Acquire by purchase, lease or agreement lands or waters suitable
5for state park purposes and may acquire such lands and waters by condemnation
6after obtaining approval of the senate and assembly committees on natural
7resources. The power of condemnation may not be used for the purpose of
8establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
9(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
10346.02 (8) (a).
SB70-SSA2-SA2,456 11Section 456. 27.019 (10) of the statutes is amended to read:
SB70-SSA2-SA2,231,2212 27.019 (10) Acquisition of land. Any county in which there does not exist a
13county park commission acting through its rural planning committee may acquire
14by gift, grant, devise, donation, purchase, condemnation or otherwise, with the
15consent of the county board, a sufficient tract or tracts of land for the reservation for
16public use of river fronts, lake shores, picnic groves, outlook points from hilltops,
17places of special historic interest, memorial grounds, parks, playgrounds, sites for
18public buildings, and reservations in and about and along and leading to any or all
19of the same, and to develop and maintain the same for public use. The power of
20condemnation may not be used for the purpose of establishing or extending a
21recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined
22in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-SSA2-SA2,457 23Section 457. 27.05 (3) of the statutes is amended to read:
SB70-SSA2-SA2,232,824 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease,
25condemnation, or otherwise, with the approval and consent of the county board, such

1tracts of land or public ways as it deems suitable for park purposes; including lands
2in any other county not more than three-fourths of a mile from the county line; but
3no land so acquired shall be disposed of by the county without the consent of said
4commission, and all moneys received for any such lands, or any materials, so
5disposed of, shall be paid into the county park fund hereinafter established. The
6power of condemnation may not be used for the purpose of establishing or extending
7a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as
8defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).
SB70-SSA2-SA2,458 9Section 458. 27.065 (1) (a) of the statutes is amended to read:
SB70-SSA2-SA2,233,210 27.065 (1) (a) The county board of any county which shall have adopted a
11county system of parks or a county system of streets and parkways, pursuant to s.
1227.04, may acquire the lands necessary for carrying out all or part of such plan by
13gift, purchase, condemnation or otherwise; provided, however, that no lands shall be
14acquired by condemnation unless and until the common council of the city or the
15board of trustees of the village or the board of supervisors of the town wherein such
16land is situated shall consent thereto. The power of condemnation may not be used
17for the purpose of establishing or extending a recreational trail; a bicycle way, as
18defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian
19way, as defined in s. 346.02 (8) (a).
The cost of acquiring such lands by purchase or
20condemnation may be paid in whole or in part by the county or by the property to be
21benefited thereby, as the county board shall direct but in no case shall the amount
22assessed to any parcel of real estate exceed the benefits accruing thereto; provided,
23that no assessment for paying the cost of acquiring lands may be levied or collected
24against the property to be benefited until the governing body of the city, village or
25town where such lands are located has by resolution determined that the public

1welfare will be promoted thereby. Title to all lands acquired hereunder shall be an
2estate in fee simple.
SB70-SSA2-SA2,459 3Section 459. 27.08 (2) (b) of the statutes is amended to read:
SB70-SSA2-SA2,233,164 27.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or
5pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely
6or in trust, money, real or personal property, or any incorporeal right or privilege;
7except that no lands may be acquired by condemnation for the purpose of
8establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01
9(5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s.
10346.02 (8) (a)
. Gifts to any city of money or other property, real or personal, either
11absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall
12be accepted only after they shall have been recommended by the board to the common
13council and approved by said council by resolution. Subject to the approval of the
14common council the board may execute every trust imposed upon the use of property
15or property rights by the deed, testament or other conveyance transferring the title
16of such property to the city for park, parkway, boulevard or pleasure drive purposes.
SB70-SSA2-SA2,460 17Section 460. 27.08 (2) (c) of the statutes is amended to read:
SB70-SSA2-SA2,234,318 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands
19in the name of the city for park, parkway, boulevard or pleasure drive purposes
20within or without the city and, with the approval of the common council, to sell or
21exchange property no longer required for its purposes. Every city is authorized, upon
22recommendation of its officers, board or body having the control and management
23of its public parks, to acquire by condemnation in the name of the city such lands
24within or without its corporate boundaries as it may need for public parks, parkways,
25boulevards and pleasure drives. The power of condemnation may not be used for the

1purpose of establishing or extending a recreational trail; a bicycle way, as defined in
2s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
3defined in s. 346.02 (8) (a).
SB70-SSA2-SA2,461 4Section 461. 32.015 of the statutes is repealed.
SB70-SSA2-SA2,462 5Section 462. 32.51 (1) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,234,86 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I
7and subject to the limitations under s. 32.015, any city may condemn or otherwise
8acquire property under this subchapter for:
SB70-SSA2-SA2,463 9Section 463. 59.52 (6) (a) of the statutes is amended to read:
SB70-SSA2-SA2,234,2210 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch.
1175 and acquire, lease or rent property, real and personal, for public uses or purposes
12of any nature, including without limitation acquisitions for county buildings,
13airports, parks, recreation, highways, dam sites in parks, parkways and
14playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
15for operation under s. 59.70 (24), equipment for clearing and draining land and
16controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
17transfer of real property to the state for new collegiate institutions or research
18facilities, and for transfer to the state for state parks and for the uses and purposes
19specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire
20property for the purpose of establishing or extending a recreational trail; a bicycle
21way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
22pedestrian way, as defined in s. 346.02 (8) (a).
SB70-SSA2-SA2,464 23Section 464. 60.782 (2) (d) of the statutes is amended to read:
SB70-SSA2-SA2,235,424 60.782 (2) (d) Lease or acquire, including by condemnation, any real property
25situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)

1or 30.275 (4). The power of condemnation may not used to acquire property for the
2purpose of establishing or extending a recreational trail; a bicycle way, as defined in
3s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
4defined in s. 346.02 (8) (a).
SB70-SSA2-SA2,465 5Section 465. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended
6to read:
SB70-SSA2-SA2,235,167 61.34 (3) Acquisition and disposal of property. Except as provided in par. (b),
8the
The village board may acquire property, real or personal, within or outside the
9village, for parks, libraries, recreation, beautification, streets, water systems,
10sewage or waste disposal, harbors, improvement of watercourses, public grounds,
11vehicle parking areas, and for any other public purpose; may acquire real property
12within or contiguous to the village, by means other than condemnation, for industrial
13sites; may improve and beautify the same; may construct, own, lease and maintain
14buildings on such property for instruction, recreation, amusement and other public
15purposes; and may sell and convey such property. Condemnation shall be as
16provided by ch. 32.
SB70-SSA2-SA2,466 17Section 466. 61.34 (3) (b) of the statutes is repealed.
SB70-SSA2-SA2,467 18Section 467. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended
19to read:
SB70-SSA2-SA2,236,320 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of
21any city may by gift, purchase or condemnation acquire property, real or personal,
22within or outside the city, for parks, recreation, water systems, sewage or waste
23disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
24any other public purpose; may acquire real property within or contiguous to the city,
25by means other than condemnation, for industrial sites; may improve and beautify

1the same; may construct, own, lease and maintain buildings on such property for
2public purposes; and may sell and convey such property. The power of condemnation
3for any such purpose shall be as provided by ch. 32.
SB70-SSA2-SA2,468 4Section 468. 62.22 (1) (b) of the statutes is repealed.
SB70-SSA2-SA2,469 5Section 469. 62.23 (17) (a) (intro.) of the statutes is amended to read:
SB70-SSA2-SA2,236,126 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire
7by gift, lease, purchase, or condemnation any lands within its corporate limits for
8establishing, laying out, widening, enlarging, extending, and maintaining memorial
9grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
10buildings, and reservations in and about and along and leading to any or all of the
11same or any lands adjoining or near to such city for use, sublease, or sale for any of
12the following purposes:
SB70-SSA2-SA2,470 13Section 470. 62.23 (17) (am) of the statutes is repealed.
SB70-SSA2-SA2,471 14Section 471. 85.09 (2) (a) of the statutes is amended to read:
SB70-SSA2-SA2,237,1915 85.09 (2) (a) The department of transportation shall have the first right to
16acquire, for present or future transportational or recreational purposes, any
17property used in operating a railroad or railway, including land and rails, ties,
18switches, trestles, bridges, and the like located on that property, that has been
19abandoned. The department of transportation may, in connection with abandoned
20rail property, assign this right to a state agency, the board of regents of the University
21of Wisconsin System, any county or municipality, or any transit commission.
22Acquisition by the department of transportation may be by gift, purchase, or
23condemnation in accordance with the procedure under s. 32.05, except that the power
24of condemnation may not be used to acquire property for the purpose of establishing
25or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle

1lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a)
.
2In addition to its property management authority under s. 85.15, the department of
3transportation may, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
4lease and collect rents and fees for any use of rail property pending discharge of the
5department's duty to convey property that is not necessary for a public purpose. No
6person owning abandoned rail property, including any person to whom ownership
7reverts upon abandonment, may convey or dispose of any abandoned rail property
8without first obtaining a written release from the department of transportation
9indicating that the first right of acquisition under this subsection will not be
10exercised or assigned. No railroad or railway may convey any rail property prior to
11abandonment if the rail property is part of a rail line shown on the railroad's system
12map as in the process of abandonment, expected to be abandoned, or under study for
13possible abandonment unless the conveyance or disposal is for the purpose of
14providing continued rail service under another company or agency. Any conveyance
15made without obtaining such release is void. The first right of acquisition of the
16department of transportation under this subsection does not apply to any rail
17property declared by the department to be abandoned before January 1, 1977. The
18department of transportation may acquire any abandoned rail property under this
19section regardless of the date of its abandonment.
SB70-SSA2-SA2,472 20Section 472. 990.01 (2) of the statutes is amended to read:
SB70-SSA2-SA2,237,2421 990.01 (2) Acquire. “Acquire," when used in connection with a grant of power
22to any person, includes the acquisition by purchase, grant, gift or bequest. It includes
23the power to condemn only in the cases specified in s. 32.02 and subject to the
24limitations under s. 32.015
.
SB70-SSA2-SA2,9351 25Section 9351. Initial applicability; Other.
SB70-SSA2-SA2,238,6
1(1) Condemnation authority for nonmotorized paths. The treatment of ss.
223.09 (2) (d) (intro.), 27.01 (2) (a), 27.019 (10), 27.05 (3), 27.065 (1) (a), 27.08 (2) (b)
3and (c), 32.015, 32.51 (1) (intro.), 59.52 (6) (a), 60.782 (2) (d), 61.34 (3) (a) and (b),
462.22 (1) (a) and (b), 62.23 (17) (a) (intro.) and (am), 85.09 (2) (a), and 990.01 (2) first
5applies to condemnation proceedings in which title to the subject property has not
6vested in the condemnor on the effective date of this subsection.”.
SB70-SSA2-SA2,238,7 7247. Page 374, line 11: after that line insert:
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