1995 Wisconsin Act 225

76.38 (4) (b) (intro.) Except as provided in sub. (6), every Every telephone company operating a toll line or toll lines or furnishing toll service shall pay an annual license fee equal to the following percentages of its total gross revenues in this state for toll business:

Note: Section 78.38 (6) was repealed by 1993 Wis. Act 205.

225,297 Section 297 . 77.52 (14) of the statutes is renumbered 77.52 (14) (a) (intro.) and amended to read:

77.52 (14) (a) (intro.) The certificate referred to in sub. (13) relieves the seller from the burden of proof only if a) any of the following is true:

1. The certificate is taken in good faith from a person who is engaged as a seller of tangible personal property or taxable services and who holds the permit provided for in sub. (9) and who, at the time of purchasing the tangible personal property or services, intends to sell it in the regular course of operations or is unable to ascertain at the time of purchase whether the property or service will be sold or will be used for some other purpose, or b) if.

2. The certificate is taken in good faith from a person claiming exemption.

(b) The certificate referred to in sub. (13) shall be signed by and bear the name and address of the purchaser, and shall indicate the general character of the tangible personal property or service sold by the purchaser and the basis for the claimed exemption. The certificate shall be in such form as the department prescribes.

Note: Subdivides provision for greater readability and conformity with current style.

225,298 Section 298 . 77.54 (20) (a) of the statutes is renumbered 77.54 (20) (a) (intro.) and amended to read:

77.54 (20) (a) (intro.) “Food", “food products" and “beverages" include, by way of illustration and not of limitation, milk the following:

1. Milk and milk products, cereal .

2. Cereal and cereal products ( , including meal, grits, flour, bread and other bakery products), meats.

3. Meats and meat products, fish and.

4. Fish, fish products, and seafoods, poultry.

5. Poultry and poultry products, vegetables.

6. Vegetables and vegetable juices, fruits.

7. Fruit and fruit juices as defined in ch. 97, 1967 stats., canned

8. Canned goods (, including jams, jellies and preserves), nuts.

9. Nuts, berries, and melons, sugar,.

10. Sugar and salt, coffee.

11. Coffee, coffee substitutes, tea, and cocoa, condiments, spices, spreads,.

14. Spreads and relishes, desserts, flavoring, oleomargarine,.

17. Oleomargarine and shortening, candy,.

18. Candy and confections, dietary foods,.

19. Dietary foods and health supplements, or any.

20. Any combination of the above items listed under subds. 1 to 19.

Note: Suddivides provision and replaces parentheses for greater readability and conformity with current style. See also the next section of this bill.

225,299 Section 299 . 77.54 (20) (a) 12., 13., 15. and 16. of the statutes are created to read:

77.54 (20) (a) 12. Condiments.

13. Spices.

15. Desserts.

16. Flavoring.

Note: Creates subdivisions to maintain text in its previously existing order. See also the previous section of this bill.

Note: Deletes incorrect numbering designations.

225,300 Section 300 . 77.91 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

77.91 (4) Expenses. Except as provided in sub. (5), the department's expenses for the administration of this subchapter shall be paid from the appropriation under s. 20.370 (1) (mu).

Note: “The" was inserted by 1995 Wis. Act 27 without being shown as underscored. This amendment confirms that the change was intended.

225,301 Section 301 . 80.24 of the statutes is renumbered 80.24 (1) and amended to read:

80.24 (1) If the Except as provided in sub. (2), an owner of lands through which a highway is laid out, widened, altered or discontinued who is not satisfied with his or her the award of damages under s. 80.09 may, within 30 days after the filing of the award, (and if within the 30 days an appeal has been taken to the circuit judge for a jury to assess the damages.

(2) An owner of lands through which a highway is laid out, widened, altered or discontinued who has appealed under s. 80.17 from the order laying out, widening, altering or discontinuing the highway, then and who is not satisfied with the award of damages under s. 80.09 may, within 30 days after the entry of a final order on the appeal affirming the order) the owner may, appeal to the circuit judge for a jury to assess his or her the damages. The

(3) An appeal under this section shall be in writing, describing the premises, and.

(4) An appeal under this section may be joined in by any number of persons claiming damages on account of the highway may join in the appeal.

(5) The appellant shall serve on 2 of the supervisors of the town in which the highway is situated, or upon 2 or more of the supervisors or commissioners of the town, city or village who have been assigned the duty of paying the damages for the land, at least 6 days before making the appeal, a notice in writing, specifying therein the following:

(a) The name of the judge to whom and the appeal will be made.

(b) The time and when the appeal will be made.

(c) The place where the appeal will be made.

(6) If more than one appeal is taken from the award of damages on account of any highway, the appeals shall be consolidated by the circuit judge, and only one jury shall be impaneled to reassess the damages.

Note: Subdivides provision, replaces parentheses and replaces and reorganizes language for greater readability and conformity with current style.

225,302 Section 302 . 80.31 (3) of the statutes is amended by replacing “incumbered" with “encumbered" and by replacing “incumbrance" with “encumbrance".

Note: Inserts preferred spelling.

225,303 Section 303 . 80.39 (1) (a) of the statutes is amended to read:

80.39 (1) (a) The county board may lay out highways in the county, and may widen, alter or discontinue any highway or part thereof laid out by it (but may not discontinue any part of a state trunk highway) the board upon the petition of not less than 10 resident freeholders of each town in which the highway or any part thereof is proposed to be laid out, widened, altered or discontinued, except that the board may not discontinue any part of a state trunk highway. All the powers herein granted may be exercised by a committee of not less than 3 members of the board. Whenever the supervisors of adjoining towns in different counties cannot agree in laying out a highway extending from one town into the other and the supervisors of one town lay out a highway up to the line of the adjoining town, the county board of the county in which such latter town lies may, upon like petition, lay out such highway in continuation as the public interests may require.

Note: Reorders text and replaces parentheses for greater readability and conformity with current style.

225,304 Section 304 . 80.48 (1) of the statutes is renumbered 80.48 (1) (a) and amended to read:

80.48 (1) (a) Whenever any Any cemetery or, agricultural or industrial association owning land in any city, village or town files to which there is no laid out street or highway giving access to the land may file a petition signed by the managing officers, board of trustees or directors thereof with the clerk of such the city, village or town, setting where the land is located, praying that the city, village or town lay out a street or highway to the association' s land from the nearest street or highway which can be used as a convenient means of approach.

(bm) Whenever a petition is filed under par. (a), the common council, trustees or supervisors of the city, village or town so petitioned shall make out a notice which shall be served on the owner or occupant of the land through which the proposed street or highway is to be laid and. The notice shall be published as provided in s. 80.05, and which. The notice shall contain a copy of such the petition and state the time when and place where such the council, trustees or supervisors will meet to take action upon said the petition, which time shall be within 10 days after such the notice is served.

(c) If at the meeting to take action on the petition the proper council, trustees or supervisors shall find the recitals in the petition to be true they shall, within 5 days after the meeting to take action thereon, make an order for the impaneling of a jury to pass upon the necessity of taking for the public use the land through which the proposed street or highway is to be laid.

Note: Subdivides provision, replaces parentheses and reorganizes and replaces language for greater readability and conformity with current style.

225,305 Section 305 . 80.48 (1) (b) (intro.) 1. and 3. of the statutes are created to read:

80.48 (1) (b) The petition shall:

1. Be signed by the managing officers, board of trustees or directors of the association.

(b) 2. Set forth that it:

3. Contain a description of the land.

a. The association owns land therein (and describing it), in the city, village or town which land is used or intended to be used by such a cemetery association for the burial of the dead or by such other an agricultural or industrial association for fairgrounds or industrial expositions, that there; and

b. There is no laid out street or highway giving access thereto and praying that such city, village or town lay out a street or highway thereto from the nearest street or highway which can be used as a convenient means of approach, the to the association's land.

225,306 Section 306 . 80.48 (2) of the statutes is renumbered 80.48 (2) (a) and amended to read:

80.48 (2) (a) Such An order made under sub. (1) (c) shall require the petitioners to deposit with the treasurer of the proper municipality such sum as the authorities who made it deem the order consider necessary to pay the costs and expenses of such the proceedings, and no to be held pursuant to the order. No further action shall be had on such the petition until such the deposit is made; when it. When the deposit is made, the common council, trustees or supervisors shall make a further order fixing the time when (, not less than 10 days thereafter), when and place where a jury will be impaneled to pass upon the necessity for taking such the land through which the proposed street or highway is to be laid.

(b) Notice of such the time and place the jury will be impaneled shall be served upon the occupants of such the land, if any, through which the proposed street or highway is to be laid, if any, as provided in s. 80.05 not less than 6 days before the time so fixed. If any portion of such the land through which the proposed street or highway is to be laid is not actually occupied, such the notice, which shall contain a description, as near as may be, of the premises to be taken, shall be published as a class 2 notice, under ch. 985, in such the city, village or town and where the land is located. The notice shall contain a description, as near as may be, of the premises to be taken and state that at the time and place therein named in the notice a jury will be impaneled for the purpose of passing upon the necessity for taking for the public use the land described therein.

Note: Subdivides provision and replaces parentheses and language for greater readability and conformity with current style.

225,307 Section 307 . 80.64 of the statutes is renumbered 80.64 (1) and amended to read:

80.64 (1) With the approval of the governing body of the municipality in which a street or highway or part thereof is located, the county board may, to promote the general welfare, may establish street and highway widths in excess of the widths in use; and likewise may adopt plans showing the location and width proposed for any future street or highway, which shall not be subject to s. 80.32 (2). Such streets Streets or highways or plans therefor established or adopted under this section shall be shown on a map (showing present and proposed street or highway lines and also, except in counties having a population of 500,000 or more, property lines and owners except in counties having a population of 500,000 or more) then. The map shall be recorded in the office of the register of deeds, and notice. Notice of the recording shall be published as a class 1 notice, under ch. 985, in the territory in which such the affected streets or highways are located. The notice shall briefly set forth the action of the county board. The county board, upon like approval, publication and notice, may from time to time supplement or change the same, and such supplements or changes shall be similarly recorded in the office of the register of deeds.

(2) The excess width for streets or highways in use for the right-of-way required for those planned, may be acquired at any time either in whole or in part by the state or county or municipality in which located; but no part shall be acquired in less than the full extent, in width, of the excess width to be made up of land on the same side of the street or highway, nor for less than the full length of such excess width lying within contiguous land owned by the same owner. Any land so acquired, whether the excess width is acquired for the full length of the street or highway or not, shall at once become available for highway purposes. The power to acquire such right-of-way or additional width in portions as provided herein may be exercised to acquire the land on advantageous terms.

(3) In counties containing a population of 500,000 or more if, subsequent to the establishment of widths on streets or highways by a county board with the approval of the governing body of the municipality in which such the streets or highways lie, in conformity with this section or s. 59.97, any area embracing a street or highway upon which a width has been so established under this section is annexed to a city or village or becomes a city or village by incorporation, such the city or such village shall thereafter adhere to such the established width, and shall not, subsequent to any annexation or incorporation, except with the approval of the county board, alter do any of the following:

(a) Alter or void such the established width, nor shall.

(b) Permit or sanction any construction or development be permitted or sanctioned by such city or such village or any of its officers or representatives which will interfere with, prevent or jeopardize the obtaining of the necessary right-of-way to such established width.

Note: Subdivides provision and replaces parentheses and language for greater readability and conformity with current style.

225,308 Section 308 . 84.01 (1) of the statutes is amended to read:

84.01 (1) Offices. The department shall maintain its principal office at Madison and district officers offices at such other cities, villages and towns as the necessities of the work demand.

Note: Corrects transcription error in Chapter 62, Laws of 1965. 1965 Assembly Bill 37 which was adopted as Chapter 62 says “offices" rather than “officers". Prior to this amendment, the provision read in relevant part “division offices". In Chapter 62 “officers" was inserted without being shown in italics and "offices" was dropped from the text rather than being stricken through.

225,309 Section 309 . 86.04 (1) of the statutes is amended to read:

86.04 (1) Order for removal. If any highway right-of-way shall be encroached upon, under or over by any fence, stand, building or any other structure or object, and including encroachments caused by acquisition by the public of new or increased widths of highway right-of-way, the department (, in case of a state trunk highway), the county highway committee (, in case of a county trunk highway), or the city council, village or town board (, in case of a street or highway maintained by or under the authority of any city, village or town), may order the occupant or owner of the land through or by which such the highway runs, and to which the encroachment shall be appurtenant, to remove the same encroachment beyond the limits of such the highway within 30 days. The order shall specify the extent and location of the encroachment with reasonable certainty, and shall be served upon such the occupant or owner of the land through or by which the highway runs, and to which the encroachment shall be appurtenant.

Note: Replaces parentheses and text for greater conformity with current style.

225,310 Section 310 . 86.25 (3) of the statutes is amended by replacing “under to s. 66.60" with “under s. 66.60".

Note: Deletes language rendered surplusage by the treatment of this provision by 1993 Wis. Act 246.

225,311 Section 311 . 88.22 (2) (a) of the statutes is amended to read:

88.22 (2) (a) Extending the time of payment of delinquent and unmatured instalments of assessments for cost of construction (, inclusive of interest accrued thereon), for a period of not to exceed 40 years.

Note: Replaces parentheses consistent with current style.

225,312 Section 312 . 88.22 (2) (b) of the statutes is amended to read:

88.22 (2) (b) Deferring payment of any portion of the principal of unpaid and unmatured assessments of cost of construction (, inclusive of interest already accrued thereon), for a period of not to exceed 10 years and provide for the payment of such delinquent and unpaid assessments of cost of construction in equal annual instalments over a period of years.