LRB-3885/1
ARG:wlj:md
2009 - 2010 LEGISLATURE
January 22, 2010 - Introduced by Representatives Pasch, Berceau, Parisi,
Steinbrink
and Turner, cosponsored by Senators Sullivan and Taylor.
Referred to Committee on Transportation.
AB679,1,3 1An Act to amend 86.191 (5); and to create 86.191 (6) of the statutes; relating
2to:
the placement of advertising signs in highway rights-of-way and providing
3a penalty.
Analysis by the Legislative Reference Bureau
Under current law, with limited exceptions, no sign, except a sign that is
necessary for the guidance or warning of traffic, may be placed within the limits of
any highway. A person who violates this prohibition must be fined not less than $10
nor more than $100 for a first violation and not less than $10 nor more than $500 for
a subsequent violation.
Under a different provision of current law, with limited exceptions, a person
may not erect, or cause to be erected, any advertising, guide, or warning sign within
a highway that is outside a city or village and is 1,000 feet or less from an intersection
with another highway. A person who violates this prohibition must be fined not less
than $25 nor more than $100 or imprisoned in the county jail for not more than 30
days or both.
This bill prohibits, with exceptions, a business entity from placing, or causing
to be placed, within a highway right-of-way any sign that advertises or promotes a
business identified on the sign or a business whose telephone number appears on the
sign. If a sign has been placed in violation of this prohibition and the business
identified on the sign or whose telephone number appears on the sign had the sign
made, there is a rebuttable presumption that this business caused the sign to be

placed. A business entity that violates this prohibition is subject to a civil forfeiture
of not more than $50 for each sign.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB679, s. 1 1Section 1. 86.191 (5) of the statutes is amended to read:
AB679,2,62 86.191 (5) Any person who violates any of the provisions of this section sub. (1),
3(3), or (4)
shall be guilty of a misdemeanor and on conviction thereof shall be
4punished by a fine of not less than $25 nor more than $100 for each offense, or by
5imprisonment in the county jail for a period not exceeding 30 days, or by both such
6fine and imprisonment in the discretion of the court.
AB679, s. 2 7Section 2. 86.191 (6) of the statutes is created to read:
AB679,2,118 86.191 (6) (a) In this subsection, "business entity" has the meaning given in s.
913.62 (5), but does not include any real estate broker or salesperson licensed under
10ch. 452 or any other individual selling real estate or personal property owned by the
11individual.
AB679,2,1512 (b) Subject to subs. (1) and (4) and s. 86.19, and except as provided in par. (d),
13no business entity may place, or cause to be placed, within a highway right-of-way
14any sign that advertises or promotes a business identified on the sign or a business
15whose telephone number appears on the sign.
AB679,2,1916 (c) If a sign described in par. (b) has been placed within a highway right-of-way
17and the business identified on the sign or whose telephone number appears on the
18sign had the sign made, there is a rebuttable presumption that this business caused
19the sign to be placed in violation of par. (b).
AB679,2,2020 (d) This subsection does not apply to any of the following:
AB679,3,2
11. Any sign placed with the permission of an official charged with the
2maintenance of the highway.
AB679,3,43 2. Any sign authorized under s. 60.23 (17m), 66.0429, 84.01 (30) (g), 84.30,
486.195, or 86.196.
AB679,3,55 3. The name of a newspaper on a newspaper tube or receptacle.
AB679,3,76 4. Any sign advertising a yard sale, garage sale, rummage sale, or similar
7event.
AB679,3,88 5. Any sign advertising an event associated with a church or school.
AB679,3,119 (e) Any business entity violating this subsection is subject to a forfeiture of not
10more than $50 for each offense. Each sign placed in violation of par. (b) constitutes
11a separate offense.
AB679,3,1212 (End)
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