AB43: Bill Text

AB43,,2773 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. or (c) 3., 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:

AB43,1158 Section 1158. 60.33 (10p) of the statutes is created to read:

AB43,,2775 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.

AB43,1159 Section 1159. 60.782 (2) (d) of the statutes is amended to read:

AB43,,2777 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).

AB43,1160 Section 1160. 60.85 (1) (f) of the statutes is repealed.

AB43,1161 Section 1161. 60.85 (1) (h) 1. c. of the statutes is amended to read:

AB43,,2780 60.85 (1) (h) 1. c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the town of real or personal property within a tax incremental district for consideration which is less than its cost to the town.

AB43,1162 Section 1162. 60.85 (1) (o) of the statutes is amended to read:

AB43,,2782 60.85 (1) (o) “Taxable property” means all real and personal taxable property located in a tax incremental district.

AB43,1163 Section 1163. 60.85 (5) (j) of the statutes is created to read:

AB43,,2784 60.85 (5) (j) Upon receiving a written application from the town clerk, in a form prescribed by the department of revenue, the department shall recalculate the base value of a tax incremental district affected by 2023 Wisconsin Act .... (this act) to remove the value of the personal property. An application received under this paragraph no later than October 31 is effective in the year following the year in which the application is made. An application received after October 31 is effective in the 2nd year following the year in which the application is made.

AB43,1164 Section 1164. 61.25 (11) of the statutes is created to read:

AB43,,2786 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.

AB43,1165 Section 1165. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended to read:

AB43,,2788 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.

AB43,1166 Section 1166. 61.34 (3) (b) of the statutes is repealed.

AB43,1167 Section 1167. 62.03 (1) of the statutes is amended to read:

AB43,,2791 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.

AB43,1168 Section 1168. 62.09 (11) (m) of the statutes is created to read:

AB43,,2793 62.09 (11) (m) The clerk 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.

AB43,1169 Section 1169. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended to read:

AB43,,2795 62.22 (1) Purposes. Except as provided in par. (b), the The governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

AB43,1170 Section 1170. 62.22 (1) (b) of the statutes is repealed.

AB43,1171 Section 1171. 62.23 (17) (a) (intro.) of the statutes is amended to read:

AB43,,2798 62.23 (17) (a) (intro.) Except as provided in par. (am), cities Cities may acquire by gift, lease, purchase, or condemnation any lands within its corporate limits for establishing, laying out, widening, enlarging, extending, and maintaining memorial grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same or any lands adjoining or near to such city for use, sublease, or sale for any of the following purposes:

AB43,1172 Section 1172. 62.23 (17) (am) of the statutes is repealed.

AB43,1173 Section 1173. 66.0104 of the statutes is repealed.

AB43,1174 Section 1174. 66.0107 (1) (bm) of the statutes is amended to read:

AB43,,2802 66.0107 (1) (bm) Enact and enforce an ordinance to prohibit the possession of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance that is consistent with s. 961.71 or 961.72; except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana, or possession of any amount of marijuana following a conviction in this state for possession of marijuana alleging a violation of s. 961.72 (2) (b) 2. or (c) 3., the subject of the complaint may not be prosecuted under this paragraph for the same action that is the subject of the complaint unless the charges are dismissed or the district attorney declines to prosecute the case.

AB43,1175 Section 1175. 66.0129 (5) of the statutes is amended to read:

AB43,,2804 66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply to bids and contracts under this subsection.

AB43,1176 Section 1176. 66.0134 of the statutes is repealed.

AB43,1177 Section 1177. 66.0137 (4) of the statutes is amended to read:

AB43,,2807 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (4) to (6) (8), 632.871, 632.885, 632.89, 632.895 (9) (8) to (17), 632.896, and 767.513 (4).

****Note: This is reconciled s. 66.0137 (4). This Section has been affected by drafts with the following LRB numbers: -1147/P1, -1151/P2, -1153/P1, -1156/P1, and -1157/P1.

AB43,1178 Section 1178. 66.0301 (1) (a) of the statutes is amended to read:

AB43,,2809 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section “municipality” means the state or any department or agency thereof, or any city, village, town, county, or school district, the opportunity schools and partnership programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of schools opportunity schools and partnership program under s. 119.33, or any public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

AB43,1179 Section 1179. 66.0408 (2) (d) of the statutes is repealed.

AB43,1180 Section 1180. 66.04185 of the statutes is created to read:

AB43,,2812 66.04185 Cultivation of tetrahydrocannabinols. No city, village, town, or county may prohibit cultivating tetrahydrocannabinols outdoors if the cultivation is by an individual who has no more than 6 marijuana plants at one time for his or her personal use.

AB43,1181 Section 1181. 66.0422 (1) (cr) of the statutes is created to read:

AB43,,2814 66.0422 (1) (cr) “Unserved area” means an area of this state that is designated as an unserved area by the public service commission under s. 196.504 (2) (e).

AB43,1182 Section 1182. 66.0422 (2) (c) of the statutes is amended to read:

AB43,,2816 66.0422 (2) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services. This paragraph does not apply to a broadband facility that is intended to serve an unserved area.

AB43,1183 Section 1183. 66.0422 (3d) (intro.) of the statutes is amended to read:

AB43,,2818 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

AB43,1184 Section 1184. 66.0422 (3d) (a) of the statutes is amended to read:

AB43,,2820 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

AB43,1185 Section 1185. 66.0422 (3d) (b) of the statutes is amended to read:

AB43,,2822 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

AB43,1186 Section 1186. 66.0422 (3d) (c) of the statutes is amended to read:

AB43,,2824 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

AB43,1187 Section 1187. 66.0422 (3m) (b) of the statutes is amended to read:

AB43,,2826 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an unserved area.

AB43,1188 Section 1188. 66.0422 (3m) (c) of the statutes is amended to read:

AB43,,2828 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an unserved area.

AB43,1189 Section 1189. 66.0435 (3) (g) of the statutes is amended to read:

AB43,,2830 66.0435 (3) (g) Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under chs. 70 and 74.

AB43,1190 Section 1190. 66.0441 of the statutes is created to read:

AB43,,2832 66.0441 Quarry hours of operation. (1) In this section:

AB43,,2833 (a) “Political subdivision” means a city, village, town, or county.

AB43,,2834 (b) “Public works project” means a federal, state, county, or municipal project that involves the construction, maintenance, or repair of a public transportation facility or other public infrastructure and in which nonmetallic minerals are used.

AB43,,2835 (c) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used for a public works project or a private construction or transportation project are extracted and processed.

AB43,,2836 (d) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

AB43,,2837 (2) A political subdivision may not limit the times that quarry operations may occur if the materials produced by the quarry will be used in a public works project that requires construction work to be performed during the night or an emergency repair.

AB43,1191 Section 1191. 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

AB43,,2839 66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed deputy sheriff of any county or police officer for any city, village, or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.

AB43,1192 Section 1192. 66.0501 (1) (b) of the statutes is created to read:

AB43,,2841 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law enforcement agency that provides police service to a city, village, or town may elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal department of homeland security as deputy sheriffs for that county or as police officers for that city, village, or town.

AB43,1193 Section 1193. 66.0509 (1m) (c) 1. of the statutes is amended to read:

AB43,,2843 66.0509 (1m) (c) 1. A grievance procedure that addresses employee terminations, employee discipline, and workplace safety.

AB43,1194 Section 1194. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to read:

AB43,,2845 66.0509 (1m) (c) 2. A just cause standard of review for employee terminations, including a refusal to renew a teaching contract under s. 118.22.

AB43,1195 Section 1195. 66.0509 (1m) (c) 3. of the statutes is repealed.

AB43,1196 Section 1196. 66.0509 (1m) (d) 2. of the statutes is amended to read:

AB43,,2848 66.0509 (1m) (d) 2. A hearing before an impartial hearing officer from the employment relations commission.

AB43,1197 Section 1197. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:

AB43,,2850 66.0509 (1m) (d) 4. A provision indicating that the grievant shall be entitled to representation throughout the grievance process.

AB43,,2851 5. A provision indicating that the employer shall bear all fees and costs associated with the grievance process, except for the grievant’s representational fees and costs.

AB43,1198 Section 1198. 66.0602 (1) (ak) of the statutes is amended to read:

AB43,,2853 66.0602 (1) (ak) “Joint emergency medical services district” service” means a joint emergency medical services district service organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2) through the formation of a joint emergency services district, joint ownership, joint purchase of services from a nonprofit corporation, or joint contracting with a public or private emergency services provider.

AB43,1199 Section 1199. 66.0602 (1) (am) of the statutes is amended to read:

AB43,,2855 66.0602 (1) (am) “Joint fire department” service” means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), or a joint fire department service organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2) through the formation of a joint fire service district, joint ownership, joint purchase of services from a nonprofit corporation, or joint contracting with a public or private fire service provider.

AB43,1200 Section 1200. 66.0602 (1) (d) of the statutes is amended to read:

AB43,,2857 66.0602 (1) (d) “Valuation factor” means a percentage equal to the greater of either the percentage change in the political subdivision’s January 1 equalized value due to new construction less improvements removed between the previous year and the current or zero 2 percent.

AB43,1201 Section 1201. 66.0602 (2m) (b) of the statutes is repealed.

AB43,1202 Section 1202. 66.0602 (2m) (c) of the statutes is created to read:

AB43,,2860 66.0602 (2m) (c) Rental inspection fees charged by a political subdivision are not subject to a deduction from the political subdivision’s levy.