1995 Wisconsin Act 378

(b) Introducing, stocking or planting any fish, spawn or other wild animal.

Note: These amendments repeal and recreate s. 29.535 (1) (a) and make related changes in other portions of s. 29.535. The repeal and recreation of this provision clarifies that a person must have a permit for stocking or introducing fish, spawn or a wild animal, regardless of whether the person brought the fish, spawn or wild animal into the state or the person obtained the fish, spawn or wild animal from within the state. The department of natural resources states that this repeal and recreation is necessary because the current statute causes confusion over the applicability and intent of this section. The current language states clearly that the permit requirement applies to the importation into this state of fish, spawn or wild animals for the purpose of introducing or stocking them, but is somewhat confusing with respect to stocking or introduction that does not involve importation into this state.

378,7 Section 7 . 32.51 (1) (b) of the statutes is amended to read:

32.51 (1) (b) Public alleys, grounds, harbors, libraries, museums, school sites, vehicle parking areas, airports, markets, hospitals, ward yards, bridges, viaducts, waterworks water systems and water mains.

Note: This amendment deletes the obsolete term “waterworks" from the eminent domain statute which lists the types of purposes for which condemned property may be used and replaces it with the term “water systems".

378,8 Section 8 . 36.25 (11) (c) of the statutes is amended to read:

36.25 (11) (c) The laboratory shall provide analytical support to the appropriate state agencies charged with water supply system evaluation. The support service shall include an evaluation from a public health standpoint and analytical support to ascertain the water's suitability for manufacturing, commercial and recreational purposes as determined by the rules promulgated by the department of health and social services, the department of natural resources and the department of agriculture, trade and consumer protection.

Note: This amendment deletes the term “water supply" from the statute governing the state laboratory of hygiene and replaces it with the term “water system".

378,9 Section 9 . 46.06 (2) of the statutes is amended to read:

46.06 (2) Easements. The department may grant easements for the extension of municipal and public utilities onto the lands of the institutions under its jurisdiction, for the purpose of connecting railroads, roads, waterworks water systems, sewers, electric lines and similar facilities, to serve such institutions.

Note: This amendment deletes the obsolete term “waterworks" from the statute relating to grants of easements by the department of natural resources and replaces it with the term “water systems".

378,10 Section 10 . 60.70 (10) of the statutes is amended to read:

60.70 (10) “Water supply system" means all structures, conduits and appurtenances by means of which water is delivered to consumers except piping and fixtures inside buildings served and service pipes from building to street main.

Note: This amendment updates the term “water supply system" to “water system" in the section of the statutes relating to town sanitary districts.

378,11 Section 11 . 60.72 (4) of the statutes is amended to read:

60.72 (4) Finding. Following the public hearing, the department shall determine if private sewage systems or private domestic water supply systems, or both, in the affected towns constitute a threat to public health, safety, convenience or welfare or of pollution of waters of the state, and that there is no local action to correct the situation. The department shall issue its determination as written findings.

Note: This amendment updates the term “water supply system" to “water system" in the statute relating to a finding of the department of natural resources as to whether a town sanitary district should be established.

378,12 Section 12 . 60.77 (4) and (5) (e) and (g) of the statutes are amended to read:

60.77 (4) General powers and duties. The commission may project, plan, construct and maintain a system of water supply, solid waste collection and disposal of sewage sewerage system, including drainage improvements, sanitary sewers, surface sewers or storm water sewers, or all of the improvements or activities or any combination of them necessary for the promotion of the public health, comfort, convenience or welfare of the district. The commission may provide chemical or mechanical treatment of waters for the suppression of swimmers' itch, algae and other nuisance-producing aquatic growths.

(5) (e) Fix and collect charges for solid waste collection and disposal, sewage service and water supply service. The commission may fix and collect sewage service charges under s. 66.076 and water supply service charges under s. 66.069.

(g) Provide for the operation as a single enterprise of its water supply, solid waste or sewerage system, or any part or combination of parts of the system.

Note: These amendments update terms relating to water and sewerage systems in the statute relating to general powers and duties of a town sanitary district commission.

378,13 Section 13 . 60.79 (2) (b) 1. and 2., (c), (d) 1. and (e) of the statutes are amended to read:

60.79 (2) (b) 1. The territory is served by the town sanitary district with a water supply or sewerage system; or

2. The territory is not served by the town sanitary district with a water supply or sewerage system, but the district has obligations related to the territory subject to incorporation or annexation which require payment for longer than one year following the incorporation or annexation.

(c) The city or village and the town sanitary district shall divide the assets and liabilities of the town sanitary district under s. 66.03, except that the ownership of any water supply or sewerage system shall be determined under par. (dm).

(d) 1. Any water supply or sewerage system, including all mains and all property of the system, shall belong to and be operated by the district or the city or village, in whichever the major portion of the patrons reside on the date of annexation or incorporation, unless other provision is made by agreement of the governing body of the city or village and the commission. Express power is hereby granted to the governing body of the city or village and the commission to contract with each other relative to the operation and property of any water supply or sewerage system.

(e) Any special assessment levied before the incorporation or annexation shall continue to be collected by the district or city or village which is operating the water supply or sewerage system and shall be applied to the purpose for which the original assessment was made.

Note: These amendments update the term “water supply or sewerage system" to “water or sewerage system" in the statute governing incorporation or annexation of part of a town sanitary district.

378,14 Section 14 . 60.79 (3) and (4) (intro.) of the statutes are amended to read:

60.79 (3) Service area. No city or village which secures a water supply or sewerage system under this section is required to serve an area outside its corporate limits greater than that included in the town sanitary district at the time of annexation or incorporation. The city or village shall continue to serve the area previously included within the district.

(4) City or village authority. (intro.) A city or village which obtains a water supply or sewerage system under this section may:

Note: These amendments update the term “water supply or sewerage system" to “water or sewerage system" in the statute governing service areas of water or sewerage systems.

378,15 Section 15 . 61.34 (3) of the statutes is amended to read:

61.34 (3) Acquisition and disposal of property. The village board may acquire property, real or personal, within or without outside the village, for parks, libraries, recreation, beautification, streets, waterworks 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.

Note: This amendment updates the term “waterworks" to “water systems" in the statute relating to a village board's power to acquire and dispose of property.

378,16 Section 16 . 62.175 (2) of the statutes is amended to read:

62.175 (2) If any 1st or 2nd class city has begun to plan, construct and establish, or has completed the planning, construction and establishment of, a sewage system and a sewage disposal works, any town, village or other city located in the same county where the 1st or 2nd class city is located and whose purified or unpurified sewage flows directly or indirectly into any lake which is the source of the water supply system of the 1st or 2nd class city shall, before constructing any sewers or sewerage system or extensions of any existing sewers or sewerage system for the purposes of connection with the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city, secure the written approval of the plans by the sewerage commission, or other board or body or official having charge and control of the planning, construction, establishment, operation and maintenance of the sewage disposal system of the 1st or 2nd class city. The sewerage commission, or other board, body or official of the 1st or 2nd class city, may approve the plans or approve them subject to recommended changes or substitutions in order that if the sewers or sewerage system, or extensions thereof, of any of the towns, villages or cities are connected with the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city, the sewers or sewerage system, or extensions thereof, will conform with the plan of the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city. If the town, village or city constructs in accordance with the approved plans, the town, village or city may connect its sewers, sewerage system or extensions thereof with the sewers, sewerage system and sewage disposal works of the 1st or 2nd class city, as specified in writing by the sewerage commission, or other board, body or official having charge and control of the sewage disposal system of the 1st or 2nd class city. Except as otherwise provided by statute, a 2nd class city may charge compensation as provided under sub. (3), for the use of its sewers, sewerage system and sewage disposal works for the transmission of the sewage of the towns, villages or cities.

Note: This amendment updates the term “water supply" to “water system" in the statute relating to approval of a 1st or 2nd class city's plans for sewer and water extensions.

378,17 Section 17 . 62.22 (1) of the statutes is amended to read:

62.22 (1) Purposes. The governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or without outside the city, for parks, recreation, waterworks 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.

Note: This amendment updates the term “waterworks" to “water systems" in the statute relating to purposes for which a city may acquire property.

378,18 Section 18 . 65.06 (1) of the statutes is amended to read:

65.06 (1) No money shall may be expended and no liabilities incurred by the city or any department unless otherwise specially authorized by law during the fiscal year, in excess of the amounts specified or except as hereinafter provided for any other purpose than as designated therein, provided, however, that whenever a waterworks the city department of the city that is responsible for a water system desires to make a contract extending over a period of more than one year for additions to the plant in excess of the estimated revenue for the year, if in the opinion of the board of estimate estimates there will be money available to meet the payments on the contract as they may come due, then, by a majority vote of the board, they may authorize the comptroller to countersign such contract.

Note: This amendment updates the term “waterworks" to “water system", and makes other technical revisions, in the statute relating to city expenditure of funds for additions to water systems.

378,19 Section 19 . 65.06 (8) of the statutes is amended to read:

65.06 (8) Any department charged by law with the construction, extension, operation and maintenance of a waterworks or water system, lighting system or any public utility may spend money from the surplus revenue of such waterworks or the water system, lighting system or utility in addition to the sum specified in the budget when deemed necessary to maintain the service, upon being authorized so to do by a three-fourths vote of all the aldermen of the common council, specifying by resolution the purpose for which and the sum appropriated. Before any money shall be so expended a copy of the resolution authorizing it shall be certified to the comptroller.

Note: This amendment updates the term “waterworks" to “water system" in the statute relating to expenditures of surplus revenue from a water system for maintenance of the water system.

378,20 Section 20 . 65.06 (17) of the statutes is amended to read:

65.06 (17) Subsections (13), (14), (15) and (16) shall do not apply to the expenditure of funds, the proceeds of bonds or mortgage certificates, nor the surplus revenues of any waterworks or water system, lighting system or municipally owned utility. In establishing the budget format with respect to funds and accounts related to proprietary operations, the common council may authorize accounting procedures which follow the uniform system of accounts authorized by the public service commission in the case of municipal utilities or accepted commercial accounting practices in other instances.

Note: This amendment updates the term “waterworks" to “water system" in the statute relating to the applicability of certain municipal budget provisions to revenues of water systems, lighting systems or municipally owned utilities.

378,21 Section 21 . 66.061 (1) (a) of the statutes is amended to read:

66.061 (1) (a) Any city, village or town may grant to any person or corporation the right to construct and operate therein a water system of waterworks or to furnish light, heat or power subject to such reasonable rules and regulations as the proper municipal authorities prescribed by ordinance may from time to time prescribe.

Note: This amendment updates the term “waterworks" to the term “water system" and makes other technical revisions to the statute relating to the grant by a city, town or village of the right to construct a water system or other utility.

378,22 Section 22 . 66.066 (1a) of the statutes is amended to read:

66.066 (1a) Nothing herein shall be construed to limit the authority of any municipality to acquire, own, operate and finance in the manner provided in this section, a source of water supply and necessary transmission facilities (including all real and personal property) beyond its corporate limits, and a source of water supply 50 miles beyond such those limits shall be deemed to be within such that authority.

Note: This amendment deletes the redundant term “supply" and makes other technical revisions in a statute relating to revenue obligations of a municipality.

378,23 Section 23 . 66.071 (1) (title) of the statutes is amended to read:

66.071 (1) (title) Waterworks Water systems.

378,24 Section 24. 66.071 (1) (c) of the statutes is amended to read:

66.071 (1) (c) When the city owns its waterworks water system, the commissioner of public works shall have power, from time to time, to may make and enforce bylaws, rules and regulations in relation to the said waterworks water system, and, before the actual introduction of water, the commissioner shall make bylaws, rules and regulations, fixing uniform water rates to be paid for the use of water furnished by the said waterworks water system, and fixing the manner of distributing and supplying water for use or consumption, and for withholding or turning off the same water for cause, and the. The commissioner shall have power, from time to time, to may alter, modify or repeal such the bylaws, rules and regulations.

378,25 Section 25 . 66.071 (1) (f) of the statutes is amended to read:

66.071 (1) (f) The commissioner of public works of any such a city may issue a permit to the county in which it is located, to any national home for disabled soldiers, or to any other applicant to obtain water from the waterworks in the said city city's water system for use outside of the limits of such the city; and for that purpose to connect any pipe that shall be is laid outside of the city limits with water pipe in such the city. No such permit shall may be issued until the applicant shall first file files with the commissioner of public works a bond in such sum and with such surety as the said commissioner shall approve, conditioned that the said applicant will obey the rules and regulations that may from time to time be prescribed by the commissioner of public works for the use of such the water; that the applicant will pay all charges fixed by said the commissioner for the use of such the water as measured by a meter to be approved by said the commissioner, which charges shall include the proportionate cost of fluorinating fluoridating the water and, except as to water furnished directly to county or other municipal properties, shall not be less than one-quarter more than those charged to the inhabitants of the city for like use of water; that the applicant will pay to any such the city a water pipe assessment if the property to be supplied with water has frontage on any thoroughfare forming the city boundary line in which a water main has been or shall be laid, and at the rate prescribed by the commissioner of public works; if the property to be supplied does not front on a city boundary but is distant therefrom, that a main pipe of the same size, class and standard as terminates at the city boundary shall be extended, and the entire cost shall be paid by the applicant for the extension; that such the water main shall be laid according to city specifications and under city inspection; that such the water main and appliances shall become the absolute property of such the city, without any compensation therefor, whenever the property supplied with water by said the extension or any part thereof shall be annexed to or in any manner become a part of such the city; and that the applicant will pay to any such the city all damages whatever that it may sustain, arising in any way out of the manner in which such the connection is made or water supply is used. In case of granting a permit to any county or to any national home for disabled soldiers, the commissioner of public works may waive the giving of such a bond. Every such permit shall be issued upon the understanding that such the city shall in no event ever be liable for any damage in case of failure to supply water by reason of any condition beyond its control.

378,26 Section 26 . 66.071 (1) (g) of the statutes is amended to read:

66.071 (1) (g) The commissioner of public works shall prescribe and regulate the kind of water meters to be used in such the city and the manner of attaching and connecting the same water meters, and may in like manner make such other rules for the use and control of water meters attached and connected as herein provided as shall be are necessary to secure reliable and just measurement of the quantity of water used; and may alter and amend such the rules from time to time as shall be necessary for the purposes named. If the owner or occupant of any premises, where the attaching and connection of a water meter may lawfully be required, shall neglect or fail neglects or fails to attach and connect such a water meter, as is required according to the rules established by the commissioner of public works, for 30 days after the expiration of the time within which such the owner or occupant shall have been is notified by said the commissioner of public works to attach and connect such a meter, the commissioner of public works may cause the water supply supplied by the city to be cut off from the premises, and it shall not be restored except upon such the terms and conditions as prescribed by the commissioner of public works shall prescribe.

378,27 Section 27 . 66.071 (1) (j) of the statutes is amended to read:

66.071 (1) (j) The commissioner of public works shall make an annual report to the council of the commissioner's doings under this section and, the state of the water fund and the general condition of the waterworks, and the water system. The report, after being submitted to the council, shall be filed in the office of the comptroller.

Note: These amendments change the term “waterworks" to “water system", and make other technical revisions, in statutes governing water systems in 1st class cities.

378,28 Section 28 . 66.077 (2) of the statutes is amended to read:

66.077 (2) All of the The provisions of this chapter and chs. 196 and 197 as the same shall have been and from time to time may be amended or recreated, relating to a waterworks water system, including, but not limited to, those provisions relating to the regulation of a waterworks water system by the public service commission, shall apply to such combined waterworks a consolidated water and sewage disposal system as a single public utility. In prescribing rates, accounting and engineering practices, extension rules, service standards or other regulations for such combined waterworks a consolidated water and sewage disposal system, the public service commission shall treat the waterworks water system and the sewage disposal system separately, unless such the commission shall find finds that the public interest requires otherwise.

378,29 Section 29 . 66.077 (3) of the statutes is amended to read:

66.077 (3) Any town, village, or 4th class city of the fourth class which now owns or hereafter may acquire a waterworks plant and acquires a water system and a plant or system for the treatment or disposal of sewage may by ordinance combine such system consolidate the systems into a single public utility. After the effective date of such the ordinance such combined the consolidated utility shall be is subject to all of the provisions of this section with the same force and effect as though originally acquired as a single public utility.

Note: These amendments update terminology referring to water systems, and make other technical revisions, in statutes governing combining water and sewer systems.

378,30 Section 30 . 66.60 (6m) (c) 1. of the statutes is amended to read:

66.60 (6m) (c) 1. If any eligible farmland contains a structure that is connected to a sanitary sewer or public water supply system at the time, or after the time, that a town sanitary district or town first levies a special assessment for the construction of a sewerage or water system in the service area in which the eligible farmland is located, the town sanitary district or town may levy a special assessment for the construction of a sewerage or water system on the eligible farmland that includes that structure. If that connection is made after the first assessment, the town sanitary district or town may also charge interest on the special assessment at an annual rate that does not exceed the average interest rate paid by the district or town on its obligations between the time the district or town first levies a special assessment for the construction of a sewerage or water system in the service area in which the eligible farmland is located and the time it levies the special assessment on that eligible farmland. That assessment may not exceed the equivalent of an assessment for that purpose on a square acre or, if the governing body of a town sanitary district or town so specifies by ordinance, the maximum size of any lot that is in that service area and that is not devoted exclusively to agricultural use.

Note: This amendment updates terminology relating to water systems in the statute governing special assessments for constructing water or sewer systems.

378,31 Section 31 . 67.05 (5) (b) of the statutes is amended to read:

67.05 (5) (b) No city or village may issue any bonds for any purposes other than for waterworks water systems, lighting works, gas works, bridges, street lighting, street improvements, street improvement funding, hospitals, airports, harbor improvements, river improvements, breakwaters and protection piers, sewerage, garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or refuse or rubbish disposal, parks and public grounds, swimming pools and band shells thereon, veterans housing projects, paying the municipality's portion of the cost of abolishing grade crossings, for the construction of police facilities and combined fire and police safety buildings, for the purchase of sites for engine houses, for fire engines and other equipment of the fire department, for construction of engine houses, and for pumps, water mains, reservoirs and all other reasonable facilities for fire protection apparatus or equipment for fire protection, for parking lots or other parking facilities, for school purposes, for libraries, for buildings for the housing of machinery and equipment, for acquiring and developing sites for industry and commerce as will expand the municipal tax base, for financing the cost of low-interest mortgage loans under s. 66.38, for providing financial assistance to blight elimination, slum clearance, community development, redevelopment and urban renewal programs and projects under ss. 66.405 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 or for university of Wisconsin system centers until the proposition for their issue for the special purpose thereof has been submitted to the electors of the city or village and adopted by a majority vote. Except as provided under sub. (15), if the common council of any city or the village board of any village declares its purpose to raise money by issuing bonds for any purpose other than those above specified, it shall direct by resolution, which shall be recorded at length in the record of its proceedings, the clerk to call a special election for the purpose of submitting the question of bonding to the city or village electors. If a number of electors of a city or village equal to at least 15% of the votes cast for governor at the last general election in their city or village sign and file a petition conforming to the requirements of s. 8.40 with the city or village clerk requesting submission of the resolution, the city or village may not issue bonds for financing the cost of low-interest mortgage loans under s. 66.38 without calling a special election to submit the question of bonding to the city or village electors for their approval.

Note: This amendment updates terminology relating to water systems in the statute which relates to town, village and city referenda regarding bonds issued for water systems and other types of facilities.

378,32 Section 32 . 70.327 of the statutes is amended to read:

70.327 Valuation and assessment of property with contaminated wells. In determining the market value of real property with a contaminated well or water supply system, the assessor shall take into consideration the time and expense necessary to repair or replace the well or private water supply system in calculating the diminution of the market value of real property attributable to the contamination.

Note: This amendment updates terminology regarding water systems in the statute relating to valuation and assessment of property with contaminated wells.

378,33 Section 33 . 87.305 (1) (intro.) of the statutes is amended to read:

87.305 (1) Department approval. (intro.) Notwithstanding s. 87.30 or any rule promulgated, order issued or ordinance adopted under that section, the department shall authorize the connection of a sanitary sewer line from the sewerage treatment plant in the city of Prairie du Chien and connection of the public water supply system of the city of Prairie du Chien to the railroad depot and the Dousman hotel on St. Feriole island and shall authorize historic use of the Dousman hotel as a hotel, as defined under s. 254.61 (3), if all of the following conditions are met:

378,34 Section 34 . 87.305 (1) (c) (intro.) of the statutes is amended to read:

87.305 (1) (c) (intro.) The department informs the U.S. army corps of engineers, the department of transportation, the division of emergency government and the state historical society of its intention to authorize connection of sewer service and a water supply system to the railroad depot and the Dousman hotel and occupancy of the hotel and either:

Note: These amendments update terminology regarding water systems in the statutes relating to authorizing the connection of the public water system in the city of Prairie du Chien to certain facilities on St. Feriole island.

378,35 Section 35 . 97.34 (2) (c) of the statutes is amended to read:

97.34 (2) (c) The department may require testing of bottled drinking water for substances subject to any standard under par. (b) and for any other substance if the department determines that the water supply system used as the source of the bottled drinking water has a potential of being contaminated, based on contamination of other water supplies systems or groundwater in the vicinity. The department shall adopt by rule requirements for periodic sampling and analysis for the purposes of this subsection. The department shall require all analyses to be conducted by a laboratory certified under s. 144.95.