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-SA2,228,64
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-SA2,228,1311
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-SA2,228,1715
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-SA2,228,2019
990.01
(39) Spouses. “Spouses" means 2 individuals of the same sex or different
20sexes who are legally married to each other.
SB70-SSA2-SA2,228,2322
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-SA2,230,17
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-SA2,231,220
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-SA2,231,104
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-SA2,231,2212
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-SA2,232,824
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-SA2,233,210
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-SA2,233,164
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-SA2,234,318
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-SA2,462
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-SA2,234,2210
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-SA2,235,424
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-SA2,467
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-SA2,469
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-SA2,237,1915
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-SA2,237,2421
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-SA2,238,6
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-SA2,474
9Section
474. 20.455 (2) (em) (title) of the statutes is amended to read:
SB70-SSA2-SA2,238,1110
20.455
(2) (em) (title)
Alternatives Grants for alternatives to prosecution and
11incarceration for persons who use alcohol or other drugs; presentencing assessments.
SB70-SSA2-SA2,238,1813
20.455
(2) (jd)
Alternatives to
prosecution and incarceration grant program. 14The amounts in the schedule to provide grants under s. 165.95 (2) to counties that
15are not a recipient of a grant under the alternatives to incarceration grant program
16on September 23, 2017. All moneys transferred under
2017 Wisconsin Act 59, section
179228 (15t), and 2023 Wisconsin Act .... (this act), section 9227 (1), shall be credited
18to this appropriation account.
SB70-SSA2-SA2,476
19Section
476. 20.455 (2) (kn) (title) of the statutes is amended to read:
SB70-SSA2-SA2,238,2120
20.455
(2) (kn) (title)
Alternatives to prosecution and incarceration for persons
21who use alcohol or other drugs; justice information fee.
SB70-SSA2-SA2,478
23Section
478. 20.455 (2) (kv) (title) of the statutes is amended to read:
SB70-SSA2-SA2,239,2
120.455
(2) (kv) (title)
Grants for substance abuse treatment programs for
2criminal offenders.
SB70-SSA2-SA2,239,5
4165.95 (title)
Alternatives to prosecution and incarceration; grant
5program.
SB70-SSA2-SA2,239,97
165.95
(1) (ac) “Evidence-based practice" means a practice that has been
8developed using research to determine its efficacy for achieving positive measurable
9outcomes, including reducing recidivism and increasing public safety.
SB70-SSA2-SA2,239,1811
165.95
(2) The department of justice shall make grants to counties and to tribes
12to enable them to establish and operate programs, including suspended and deferred
13prosecution programs and programs based on principles of restorative justice, that
14provide alternatives to prosecution and incarceration for criminal offenders
who 15abuse alcohol or other drugs. The department of justice shall make the grants from
16the appropriations under s. 20.455 (2)
(ek), (em), (jd), (kn), and (kv). The department
17of justice shall collaborate with the department of corrections and the department
18of health services in establishing this grant program.
SB70-SSA2-SA2,239,2220
165.95
(2r) Any county or tribe that receives a grant under this section
on or
21after January 1, 2012, shall provide matching funds that are equal to
25 10 percent
22of the amount of the grant.
SB70-SSA2-SA2,484
24Section
484
. 165.95 (3) (ag) of the statutes is created to read:
SB70-SSA2-SA2,240,4
1165.95
(3) (ag) The county's or tribe's program operates within the continuum
2from arrest to discharge from supervision and provides an alternative to prosecution,
3revocation, or incarceration through the use of pre-charge and post-charge
4diversion programs or treatment courts and community-based corrections.
SB70-SSA2-SA2,240,86
165.95
(3) (bd) The program identifies each target population served by the
7program and identifies the evidence-based practices the program employs for each
8target population it serves.
SB70-SSA2-SA2,240,1310
165.95
(3) (d) Services provided under the program are consistent with
11evidence-based practices
in substance abuse and mental health treatment, as
12determined by the department of health services, and the program provides
13intensive case management.
SB70-SSA2-SA2,240,1615
165.95
(3) (e) The program uses graduated sanctions and incentives to promote
16successful substance abuse treatment success.
SB70-SSA2-SA2,240,2518
165.95
(3) (g) The program is designed to integrate all
mental health services
19provided to program participants by state and local government agencies
, tribes, and
20other organizations. The program shall require regular communication
and
21coordination among a participant's
substance abuse treatment providers, other 22service providers, the case manager, and any person designated under the program
23to monitor the person's compliance with his or her obligations under the program
, 24and any probation, extended supervision, and parole agent assigned to the
25participant.
SB70-SSA2-SA2,241,52
165.95
(3) (h) The program provides
substance abuse and mental health
3treatment services through providers
that
who use evidence-based practices in the
4delivery of services and, where applicable, who are certified
by the department of
5health services or licensed to provide the services approved under the program.
SB70-SSA2-SA2,241,147
165.95
(3) (j) The program is developed with input from, and implemented in
8collaboration with, one or more circuit court judges, the district attorney, the state
9public defender, local and, if applicable, tribal law enforcement officials, county
10agencies and, if applicable, tribal agencies responsible for providing social services,
11including services relating to
alcohol and other drug addiction substance use
12disorder, child welfare, mental health, and the Wisconsin Works program, the
13departments of corrections, children and families, and health services, private social
14services agencies, and substance
abuse use disorder treatment providers.
SB70-SSA2-SA2,241,1816
165.95
(3) (k) The county or tribe complies with other eligibility requirements
17established by the department of justice to promote the objectives listed in
pars. (a)
18and (b) this subsection.