1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-1545/1 |
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3 | 3 | | MPG:emw |
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4 | 4 | | 2025 SENATE BILL 51 |
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5 | 5 | | February 21, 2025 - Introduced by Senators WIMBERGER, CABRAL-GUEVARA, NASS |
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6 | 6 | | and WANGGAARD, cosponsored by Representatives STEFFEN, BRILL, BROOKS, |
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7 | 7 | | CALLAHAN, DITTRICH, GUNDRUM, B. JACOBSON, KNODL, MAXEY, MURPHY, |
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8 | 8 | | MURSAU, NEDWESKI, PIWOWARCZYK, SPIROS and WICHGERS. Referred to |
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9 | 9 | | Committee on Licensing, Regulatory Reform, State and Federal Affairs. |
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10 | 10 | | AN ACT to create 1.14 (1) (am) and 1.14 (1m) of the statutes; relating to: flags |
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11 | 11 | | flown at state and local government buildings and eliminating a related |
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12 | 12 | | administrative rule. |
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13 | 13 | | Analysis by the Legislative Reference Bureau |
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14 | 14 | | This bill prohibits any flag other than the U.S. flag, the state flag, the official |
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15 | 15 | | POW/MIA flag recognized by Congress, and the official flags of each branch of the |
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16 | 16 | | U.S. armed forces from being flown, hung, or displayed from any flagpole or |
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17 | 17 | | building, structure, or facility, including the state capitol, that is owned or occupied |
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18 | 18 | | entirely by a state agency or authority or by a city, village, town, or county. |
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19 | 19 | | However, the bill authorizes the legislature to make exceptions for state flagpoles |
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20 | 20 | | and facilities by joint resolution adopted by a three-fourths majority vote of all |
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21 | 21 | | members elected to each house. Similarly, a city, village, town, or county may make |
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22 | 22 | | exceptions for its flagpoles and facilities by a three-fourths majority vote of all |
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23 | 23 | | members elected to its governing body. |
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24 | 24 | | The bill also repeals an administrative rule that includes requirements |
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25 | 25 | | similar to those of the bill but that authorizes the governor to make exceptions. The |
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26 | 26 | | bill delays its requirements for state flagpoles and facilities until January 1, 2027. |
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29 | 29 | | 3 2025 - 2026 Legislature |
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30 | 30 | | SENATE BILL 51 |
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31 | 31 | | - 2 - LRB-1545/1 |
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32 | 32 | | MPG:emw |
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33 | 33 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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34 | 34 | | enact as follows: |
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35 | 35 | | SECTION 1. 1.14 (1) (am) of the statutes is created to read: |
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36 | 36 | | 1.14 (1) (am) XPolitical subdivisionY means any city, village, town, or county. |
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37 | 37 | | SECTION 2. 1.14 (1m) of the statutes is created to read: |
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38 | 38 | | 1.14 (1m) (a) The U.S. flag, the state flag, the official POW/MIA flag |
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39 | 39 | | recognized by Congress under P.L. 101-355, and the official flags of each branch of |
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40 | 40 | | the U.S. armed forces shall be the only flags flown, hung, or displayed from any |
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41 | 41 | | flagpole or building, structure, or facility, including the state capitol, that is owned |
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42 | 42 | | or occupied entirely by a state agency or state authority, except that the legislature |
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43 | 43 | | may direct otherwise by joint resolution adopted by a three-fourths majority vote of |
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44 | 44 | | all members elected to each house. |
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45 | 45 | | (b) The U.S. flag, the state flag, the official POW/MIA flag recognized by |
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46 | 46 | | Congress under P.L. 101-355, and the official flags of each branch of the U.S. armed |
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47 | 47 | | forces shall be the only flags flown, hung, or displayed from any flagpole or building, |
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48 | 48 | | structure, or facility that is owned or occupied entirely by a political subdivision, |
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49 | 49 | | except that a political subdivision may direct otherwise by a three-fourths majority |
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50 | 50 | | vote of the members elect of its governing body. |
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51 | 51 | | SECTION 3. Adm 2.07 (1) of the administrative code is repealed. |
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52 | 52 | | SECTION 4. Initial applicability. |
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53 | 53 | | (1) STATE FACILITIES. The treatment of s. 1.14 (1m) (a) first applies to flags |
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54 | 54 | | flown, hung, or displayed on January 1, 2027. |
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55 | 55 | | SECTION 5. Effective dates. This act takes effect on the day after |
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56 | 56 | | publication, except as follows: |
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78 | 78 | | 22 2025 - 2026 Legislature |
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79 | 79 | | SENATE BILL 51 |
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80 | 80 | | - 3 - LRB-1545/1 |
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81 | 81 | | MPG:emw |
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82 | 82 | | SECTION 5 |
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83 | 83 | | (1) Notwithstanding s. 227.265, the treatment of administrative rules takes |
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84 | 84 | | effect on January 1, 2027. |
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85 | 85 | | (END) |
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