Amendment SA5-SSA2-SB45

SB45-SSA2-SA5,14,17 27.019 (10) Acquisition of land. Any county in which there does not exist a county park commission acting through its rural planning committee may acquire by gift, grant, devise, donation, purchase, condemnation or otherwise, with the consent of the county board, a sufficient tract or tracts of land for the reservation for public use of river fronts, lake shores, picnic groves, outlook points from hilltops, places of special historic interest, memorial grounds, parks, playgrounds, sites for public buildings, and reservations in and about and along and leading to any or all of the same, and to develop and maintain the same for public use. The power of condemnation may not be used 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).

SB45-SSA2-SA5,29 Section 29. 27.05 (3) of the statutes is amended to read:

SB45-SSA2-SA5,15,5 27.05 (3) Acquire, in the name of the county, by purchase, land contract, lease, condemnation, or otherwise, with the approval and consent of the county board, such tracts of land or public ways as it deems suitable for park purposes; including lands in any other county not more than three-fourths of a mile from the county line; but no land so acquired shall be disposed of by the county without the consent of said commission, and all moneys received for any such lands, or any materials, so disposed of, shall be paid into the county park fund hereinafter established. The power of condemnation may not be used 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).

SB45-SSA2-SA5,30 Section 30. 27.065 (1) (a) of the statutes is amended to read:

SB45-SSA2-SA5,16,2 27.065 (1) (a) The county board of any county which shall have adopted a county system of parks or a county system of streets and parkways, pursuant to s. 27.04, may acquire the lands necessary for carrying out all or part of such plan by gift, purchase, condemnation or otherwise; provided, however, that no lands shall be acquired by condemnation unless and until the common council of the city or the board of trustees of the village or the board of supervisors of the town wherein such land is situated shall consent thereto. The power of condemnation may not be used 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). The cost of acquiring such lands by purchase or condemnation may be paid in whole or in part by the county or by the property to be benefited thereby, as the county board shall direct but in no case shall the amount assessed to any parcel of real estate exceed the benefits accruing thereto; provided, that no assessment for paying the cost of acquiring lands may be levied or collected against the property to be benefited until the governing body of the city, village or town where such lands are located has by resolution determined that the public welfare will be promoted thereby. Title to all lands acquired hereunder shall be an estate in fee simple.

SB45-SSA2-SA5,31 Section 31. 27.08 (2) (b) of the statutes is amended to read:

SB45-SSA2-SA5,16,17 27.08 (2) (b) To acquire in the name of the city for park, parkway, boulevard or pleasure drive purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege; except that no lands may be acquired by condemnation 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). Gifts to any city of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard or pleasure drive purposes shall be accepted only after they shall have been recommended by the board to the common council and approved by said council by resolution. Subject to the approval of the common council the board may execute every trust imposed upon the use of property or property rights by the deed, testament or other conveyance transferring the title of such property to the city for park, parkway, boulevard or pleasure drive purposes.

SB45-SSA2-SA5,32 Section 32. 27.08 (2) (c) of the statutes is amended to read:

SB45-SSA2-SA5,17,6 27.08 (2) (c) Subject to the approval of the common council to buy or lease lands in the name of the city for park, parkway, boulevard or pleasure drive purposes within or without the city and, with the approval of the common council, to sell or exchange property no longer required for its purposes. Every city is authorized, upon recommendation of its officers, board or body having the control and management of its public parks, to acquire by condemnation in the name of the city such lands within or without its corporate boundaries as it may need for public parks, parkways, boulevards and pleasure drives. The power of condemnation may not be used 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).

SB45-SSA2-SA5,33 Section 33. 32.015 of the statutes is repealed.

SB45-SSA2-SA5,34 Section 34. 32.02 (11) of the statutes is amended to read:

SB45-SSA2-SA5,17,13 32.02 (11) Any housing authority created under ss. 66.1201 to 66.1211; redevelopment authority created under s. 66.1333; community development authority created under s. 66.1335; local cultural arts district created under subch. V of ch. 229, subject to s. 229.844 (4) (c); or local exposition district created under subch. II of ch. 229; or transit authority created under s. 66.1039.

SB45-SSA2-SA5,35 Section 35. 32.05 (1) (a) of the statutes is amended to read:

SB45-SSA2-SA5,18,12 32.05 (1) (a) Except as provided under par. (b), a county board of supervisors or a county highway committee when so authorized by the county board of supervisors, a city council, a village board, a town board, a sewerage commission governing a metropolitan sewerage district created by ss. 200.05 or 200.21 to 200.65, the secretary of transportation, a commission created by contract under s. 66.0301, a joint local water authority created by contract under s. 66.0823, a transit authority created under s. 66.1039, a housing authority under ss. 66.1201 to 66.1211, a local exposition district created under subch. II of ch. 229, a local cultural arts district created under subch. V of ch. 229, a redevelopment authority under s. 66.1333 or a community development authority under s. 66.1335 shall make an order providing for the laying out, relocation and improvement of the public highway, street, alley, storm and sanitary sewers, watercourses, water transmission and distribution facilities, mass transit facilities, airport, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, housing project, redevelopment project, cultural arts facilities, exposition center or exposition center facilities which shall be known as the relocation order. This order shall include a map or plat showing the old and new locations and the lands and interests required. A copy of the order shall, within 20 days after its issue, be filed with the county clerk of the county wherein the lands are located or, in lieu of filing a copy of the order, a plat may be filed or recorded in accordance with s. 84.095.

SB45-SSA2-SA5,36 Section 36. 32.07 (2) of the statutes is amended to read:

SB45-SSA2-SA5,19,2 32.07 (2) The petitioner shall determine necessity if application is by the state or any commission, department, board or other branch of state government or by a city, village, town, county, school district, board, commission, public officer, commission created by contract under s. 66.0301, joint local water authority under s. 66.0823, transit authority created under s. 66.1039, redevelopment authority created under s. 66.1333, local exposition district created under subch. II of ch. 229, local cultural arts district created under subch. V of ch. 229, housing authority created under ss. 66.1201 to 66.1211 or for the right-of-way of a railroad up to 100 feet in width, for a telegraph, telephone or other electric line, for the right-of-way for a gas pipeline, main or service or for easements for the construction of any elevated structure or subway for railroad purposes.

SB45-SSA2-SA5,37 Section 37. 32.51 (1) (intro.) of the statutes is amended to read:

SB45-SSA2-SA5,19,6 32.51 (1) Purposes. (intro.) In addition to the powers granted under subch. I and subject to the limitations under s. 32.015, any city may condemn or otherwise acquire property under this subchapter for:

SB45-SSA2-SA5,38 Section 38. 40.02 (28) of the statutes is amended to read:

SB45-SSA2-SA5,19,17 40.02 (28) “Employer” means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 750,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). “Employer” does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

SB45-SSA2-SA5,39 Section 39. 49.155 (1m) (intro.) of the statutes is amended to read:

SB45-SSA2-SA5,20,5 49.155 (1m) Eligibility. (intro.) Except as provided in sub. (3g), the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, and subject to sub. (2), an individual subsection and sub. (1p). A parent of a child receiving early intervention services under s. 51.44, may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, under this subsection if the individual meets all of the following conditions are met:

SB45-SSA2-SA5,40 Section 40. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

SB45-SSA2-SA5,20,18 49.155 (1m) (a) (intro.) Subject to sub. (2), the individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a relative who, under s. 48.57 (3m) or (3n) or 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to participate in an approved activity. An individual who is eligible to receive a child care subsidy under this subsection shall remain eligible for that subsidy for a period of 3 months after the individual permanently ceases participation in the approved activity or until the department or the county department or agency redetermines the individual’s eligibility, whichever is earlier. In this paragraph, “approved activity” means any of the following:

SB45-SSA2-SA5,41 Section 41. 49.155 (1m) (am) of the statutes is created to read:

SB45-SSA2-SA5,20,20 49.155 (1m) (am) The child meets the requirement under s. 49.145 (2) (c).

SB45-SSA2-SA5,42 Section 42. 49.155 (1m) (b) (intro.) of the statutes is amended to read:

SB45-SSA2-SA5,20,23 49.155 (1m) (b) (intro.) Except as provided in par. (bm), the The individual meets the eligibility criteria under all of the following:

SB45-SSA2-SA5,43 Section 43. 49.155 (1m) (bm) of the statutes is repealed.

SB45-SSA2-SA5,44 Section 44. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

SB45-SSA2-SA5,21,11 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1d., 1g., 1h., 1m., 2., and 3., the gross income of the individual’s family is at or below 200 percent of the poverty line for a family the size of the individual’s family. In calculating the gross income of the family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self- employment income, the department or county department or agency determining eligibility shall include the sum of the following:

SB45-SSA2-SA5,45 Section 45. 49.155 (1m) (c) 1g. of the statutes is repealed.

SB45-SSA2-SA5,46 Section 46. 49.155 (1m) (c) 1h. of the statutes is repealed.

SB45-SSA2-SA5,47 Section 47. 49.155 (1m) (cm) (intro.) of the statutes is renumbered 49.155 (1m) (cm) and amended to read:

SB45-SSA2-SA5,21,18 49.155 (1m) (cm) The total liquid assets of the individual’s family do not exceed $25,000. This paragraph does not apply if the individual is any of the following:

SB45-SSA2-SA5,48 Section 48. 49.155 (1m) (cm) 1. of the statutes is repealed.

SB45-SSA2-SA5,49 Section 49. 49.155 (1m) (cm) 2. of the statutes is repealed.

SB45-SSA2-SA5,50 Section 50. 49.155 (1m) (cm) 3. of the statutes is repealed.

SB45-SSA2-SA5,51 Section 51. 49.155 (1p) of the statutes is created to read:

SB45-SSA2-SA5,22,2 49.155 (1p) Eligibility for parents of children receiving early intervention services. A parent of a child receiving early intervention services under s. 51.44 may receive a subsidy for child care under this subsection if all of the following conditions are met:

SB45-SSA2-SA5,22,5 (a) Subject to sub. (2), the child has not attained the age of 13 or, if the child is disabled, the child has not attained the age of 19, and child care is needed for the child.

SB45-SSA2-SA5,22,6 (b) The child meets the requirement under s. 49.145 (2) (c).

SB45-SSA2-SA5,22,9 (c) The child is immunized as required under s. 252.04. Notwithstanding s. 252.04 (3), for purposes of this paragraph the immunization requirement may only be waived for reasons of health or religion.

SB45-SSA2-SA5,52 Section 52. 49.155 (2) of the statutes is amended to read:

SB45-SSA2-SA5,22,15 49.155 (2) Eligibility based on the child’s age. Notwithstanding sub. subs. (1m) (intro.) and (a) (intro.) and (1p) (a), an individual does not lose eligibility for a child care subsidy for a child who attains the age of 13 or, if the child is disabled, attains the age of 19 until the department or the county department or agency redetermines the individual’s eligibility.

SB45-SSA2-SA5,53 Section 53. 49.155 (3m) (a) of the statutes is amended to read:

SB45-SSA2-SA5,23,3 49.155 (3m) (a) The department shall issue benefits directly to individuals who are eligible for subsidies under this section or pay or reimburse child care providers, county departments or agencies, or tribal governing bodies for child care services under this section. The department may also contract with and provide grants to private nonprofit agencies that provide child care for children of migrant workers. The department may pay or reimburse a Wisconsin Works agency for child care that the Wisconsin Works agency provides to the children of Wisconsin Works participants and applicants or that the Wisconsin Works agency arranges to meet immediate, short-term child care needs of participants prior to authorization of a subsidy under sub. (1m) or (1p).

SB45-SSA2-SA5,54 Section 54. 59.52 (6) (a) of the statutes is amended to read:

SB45-SSA2-SA5,23,17 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).

SB45-SSA2-SA5,55 Section 55. 60.782 (2) (d) of the statutes is amended to read:

SB45-SSA2-SA5,24,2 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).

SB45-SSA2-SA5,56 Section 56. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended to read:

SB45-SSA2-SA5,24,14 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.

SB45-SSA2-SA5,57 Section 57. 61.34 (3) (b) of the statutes is repealed.

SB45-SSA2-SA5,58 Section 58. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended to read:

SB45-SSA2-SA5,25,3 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.

SB45-SSA2-SA5,59 Section 59. 62.22 (1) (b) of the statutes is repealed.

SB45-SSA2-SA5,60 Section 60. 62.23 (17) (a) (intro.) of the statutes is amended to read:

SB45-SSA2-SA5,25,12 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:

SB45-SSA2-SA5,61 Section 61. 62.23 (17) (am) of the statutes is repealed.

SB45-SSA2-SA5,62 Section 62. 66.0301 (1) (a) of the statutes is amended to read:

SB45-SSA2-SA5,26,9 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.

SB45-SSA2-SA5,63 Section 63. 66.1039 of the statutes is created to read:

SB45-SSA2-SA5,26,11 66.1039 Transit authorities. (1) Definitions. In this section:

SB45-SSA2-SA5,26,12 (a) “Authority” means a transit authority created under this section.

SB45-SSA2-SA5,26,14 (b) “Bonds” means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.

SB45-SSA2-SA5,26,15 (c) “Common carrier” means any of the following:

SB45-SSA2-SA5,26,16 1. A common motor carrier, as defined in s. 194.01 (1).

SB45-SSA2-SA5,26,17 2. A contract motor carrier, as defined in s. 194.01 (2).

SB45-SSA2-SA5,26,18 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).

SB45-SSA2-SA5,26,19 4. A water carrier, as defined in s. 195.02 (5).

SB45-SSA2-SA5,27,2 (d) “Comprehensive unified local transportation system” means a transportation system that is comprised of motor bus lines and any other local public transportation facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

SB45-SSA2-SA5,27,4 (em) “Metropolitan area” means a metropolitan statistical area as designated by the U.S. office of management and budget.

SB45-SSA2-SA5,27,5 (f) “Municipality” means any city, village, or town.

SB45-SSA2-SA5,27,8 (g) “Participating political subdivision” means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.

SB45-SSA2-SA5,27,9 (h) “Political subdivision” means a municipality or county.

SB45-SSA2-SA5,27,19 (i) “Transportation system” means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. “Transportation system” includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of “common motor carrier” under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.

SB45-SSA2-SA5,28,7 (2) Creation of transit authorities. (f) Statewide regional transit authorities. 1. Any 2 or more political subdivisions located within the same metropolitan area may jointly create a transit authority that is a public body corporate and politic and a separate governmental entity and that is known by a name that includes the words “regional transit authority,” if the governing body of each political subdivision adopts a resolution authorizing the political subdivision to become a member of the authority and all the resolutions are identical to each other. Except as provided in subd. 2. and sub. (13), once created, the members of the authority shall consist of all political subdivisions that adopt resolutions, as provided in this subdivision. Once created, the authority may transact business and exercise any powers granted to it under this section.

SB45-SSA2-SA5,28,13 2. After an authority is created under subd. 1., any political subdivision located in whole or in part within a metropolitan area located in whole or in part within an authority’s jurisdiction may join the authority if the governing body of the political subdivision adopts a resolution identical to the existing resolutions of the authority’s participating political subdivisions and the authority’s board of directors approves the political subdivision’s joinder.

SB45-SSA2-SA5,28,16 3. The jurisdictional area of an authority created under this paragraph is the geographic area formed by the combined territorial boundaries of all participating political subdivisions of the authority.

SB45-SSA2-SA5,28,23 (3) Transit authority governance. (a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-year terms. A majority of the board of directors’ full authorized membership constitutes a quorum for the purpose of conducting the authority’s business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

SB45-SSA2-SA5,29,2 (fm) The board of directors of an authority created under sub. (2) (f) consists of the following members:

SB45-SSA2-SA5,29,7 1. One member from each participating political subdivision that is a county, appointed by the county executive of each county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.

SB45-SSA2-SA5,29,12 2. One member from each of the two participating political subdivisions that are municipalities, if any, having the highest population, appointed by the mayor and approved by the common council or appointed by the village president and approved by the village board or appointed by the town board chairperson and approved by the town board, as applicable.

SB45-SSA2-SA5,29,13 3. One member appointed by the governor.

SB45-SSA2-SA5,29,22 4. Not more than 2 members from participating political subdivisions that are municipalities other than those identified under subd. 2., appointed by the mayor and approved by the common council or appointed by the village president and approved by the village board or appointed by the town board chairperson and approved by the town board, as applicable. If the authority opts to include members under this subdivision on the board of directors, the bylaws of the authority shall include a provision specifying a method by which the members appointed under this subdivision shall rotate among the participating political subdivisions not entitled to make an appointment under subd. 2.

SB45-SSA2-SA5,30,2 (g) The bylaws of an authority shall govern its management, operations, and administration, consistent with the provisions of this section, and shall include provisions specifying all of the following:

SB45-SSA2-SA5,30,3 1. The functions or services to be provided by the authority.

SB45-SSA2-SA5,30,4 2. The powers, duties, and limitations of the authority.