Note: Reorders text and replaces parentheses for greater readability and
conformity with current style.
SB436, s. 304
19Section
304. 80.48 (1) of the statutes is renumbered 80.48 (1) (a) and amended
20to read:
SB436,120,7
180.48
(1) (a)
Whenever any
Any cemetery
or, agricultural or industrial
2association owning land
in any city, village or town files to which there is no laid out
3street or highway giving access to the land may file a petition
signed by the managing
4officers, board of trustees or directors thereof with the clerk of
such the city, village
5or town
, setting where the land is located, praying that the city, village or town lay
6out a street or highway to the association' s land from the nearest street or highway
7which can be used as a convenient means of approach.
SB436,120,15
8(bm) Whenever a petition is filed under par. (a), the common council, trustees
9or supervisors
of the city, village or town so petitioned shall make out a notice which
10shall be served on the owner or occupant of the land through which the proposed
11street or highway is to be laid
and. The notice shall be published as provided in s.
1280.05,
and which. The notice shall contain a copy of
such the petition and state the
13time when and place where
such the council, trustees or supervisors will meet to take
14action upon said the petition, which time shall be within 10 days after such the notice
15is served.
SB436,120,20
16(c) If
at the meeting to take action on the petition the proper council, trustees
17or supervisors shall find the recitals in the petition to be true they shall, within 5 days
18after the meeting
to take action thereon, make an order for the impaneling of a jury
19to pass upon the necessity of taking for the public use the land through which the
20proposed 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.
SB436, s. 305
21Section
305. 80.48 (1) (b) (intro.) 1. and 3. of the statutes are created to read:
SB436,120,2222
80.48
(1) (b) The petition shall:
SB436,121,2
11. Be signed by the managing officers, board of trustees or directors of the
2association.
SB436,121,33
(b) 2. Set forth that it:
SB436,121,44
3. Contain a description of the land.
SB436,121,85
a. The association owns land therein (and describing it), in the city, village or
6town
which land is used or intended to be used by such a cemetery association for the
7burial of the dead or by such other an agricultural or industrial association for
8fairgrounds or industrial expositions, that there; and
SB436,121,129
b. There is no laid out street or highway giving access thereto and praying that
10such city, village or town lay out a street or highway thereto from the nearest street
11or highway which can be used as a convenient means of approach, the
to the
12association's land.
SB436, s. 306
13Section
306. 80.48 (2) of the statutes is renumbered 80.48 (2) (a) and amended
14to read:
SB436,121,2315
80.48
(2) (a)
Such An order
made under sub. (1) (c) shall require the petitioners
16to deposit with the treasurer of the proper municipality such sum as the authorities
17who made
it deem the order consider necessary to pay the costs and expenses of
such 18the proceedings
, and no to be held pursuant to the order. No further action shall be
19had on
such the petition until
such the deposit is made
; when it
. When the deposit 20is made
, the common council, trustees or supervisors shall make a further order
21fixing the time
when (, not less than 10 days thereafter
), when and place where a jury
22will be impaneled to pass upon the necessity for taking
such the land
through which
23the proposed street or highway is to be laid.
SB436,122,9
24(b) Notice of
such the time and place
the jury will be impaneled shall be served
25upon the occupants of
such the land
, if any, through which the proposed street or
1highway is to be laid, if any, as provided in s. 80.05 not less than 6 days before the
2time so fixed. If any portion of
such the land
through which the proposed street or
3highway is to be laid is not actually occupied,
such the notice
, which shall contain a
4description, as near as may be, of the premises to be taken, shall be published as a
5class 2 notice, under ch. 985, in
such the city, village or town
and where the land is
6located. The notice shall
contain a description, as near as may be, of the premises
7to be taken and state that at the time and place
therein named
in the notice a jury
8will be impaneled for the purpose of passing upon the necessity for taking for the
9public use the land described therein.
Note: Subdivides provision and replaces parentheses and language for greater
readability and conformity with current style.
SB436, s. 307
10Section
307. 80.64 of the statutes is renumbered 80.64 (1) and amended to
11read:
SB436,123,312
80.64
(1) With the approval of the governing body of the municipality in which
13a street or highway or part thereof is located, the county board
may, to promote the
14general welfare,
may establish street and highway widths in excess of the widths in
15use
; and
likewise may adopt plans showing the location and width proposed for any
16future street or highway, which shall not be subject to s. 80.32 (2).
Such streets 17Streets or highways or plans therefor
established or adopted under this section shall
18be shown on a map
(showing present and proposed street or highway lines and
also,
19except in counties having a population of 500,000 or more, property lines and owners
20except in counties having a population of 500,000 or more) then. The map shall be 21recorded in the office of the register of deeds
, and notice. Notice of the recording shall
22be published as a class 1 notice, under ch. 985, in the territory in which
such the
23affected streets or highways are located. The notice shall briefly set forth the action
1of the county board. The county board, upon like approval, publication and notice,
2may from time to time supplement or change the same, and such supplements or
3changes shall be similarly recorded in the office of the register of deeds.
SB436,123,13
4(2) The excess width for streets or highways in use for the right-of-way
5required for those planned, may be acquired at any time either in whole or in part
6by the state or county or municipality in which located; but no part shall be acquired
7in less than the full extent, in width, of the excess width to be made up of land on the
8same side of the street or highway, nor for less than the full length of such excess
9width lying within contiguous land owned by the same owner. Any land so acquired,
10whether the excess width is acquired for the full length of the street or highway or
11not, shall at once become available for highway purposes. The power to acquire such
12right-of-way or additional width in portions as provided herein may be exercised to
13acquire the land on advantageous terms.
SB436,123,22
14(3) In counties containing a population of 500,000 or more if, subsequent to the
15establishment of widths on streets or highways by a county board with the approval
16of the governing body of the municipality in which
such the streets or highways lie,
17in conformity with this section or s. 59.97, any area embracing a street or highway
18upon which a width has been
so established
under this section is annexed to a city
19or village or becomes a city or village by incorporation,
such the city or
such village
20shall thereafter adhere to
such the established width, and shall not, subsequent to
21any annexation or incorporation, except with the approval of the county board,
alter 22do any of the following:
SB436,123,23
23(a) Alter or void
such the established width
, nor shall.
SB436,124,2
24(b) Permit or sanction any construction or development
be permitted or
25sanctioned by such city or such village or any of its officers or representatives which
1will interfere with, prevent or jeopardize the obtaining of the necessary right-of-way
2to such established width.
Note: Subdivides provision and replaces parentheses and language for greater
readability and conformity with current style.
SB436, s. 308
3Section
308. 84.01 (1) of the statutes is amended to read:
SB436,124,64
84.01
(1) Offices. The department shall maintain its principal office at
5Madison and district
officers offices at such other cities, villages and towns as the
6necessities 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.
SB436, s. 309
7Section
309. 86.04 (1) of the statutes is amended to read:
SB436,124,208
86.04
(1) Order for removal. If any highway right-of-way shall be encroached
9upon, under or over by any fence, stand, building or any other structure or object, and
10including encroachments caused by acquisition by the public of new or increased
11widths of highway right-of-way, the department
(, in case of a state trunk highway
),
12the county highway committee
(, in case of a county trunk highway
), or the city
13council, village or town board
(, in case of a street or highway maintained by or under
14the authority of any city, village or town
), may order the occupant or owner of the land
15through or by which
such the highway runs, and to which the encroachment shall
16be appurtenant, to remove the
same encroachment beyond the limits of
such the 17highway within 30 days. The order shall specify the extent and location of the
18encroachment with reasonable certainty, and shall be served upon
such the occupant
19or owner
of the land through or by which the highway runs, and to which the
20encroachment shall be appurtenant.
Note: Replaces parentheses and text for greater conformity with current style.
SB436, s. 310
1Section
310. 86.25 (3) of the statutes is amended by replacing "under to s.
266.60" with "under s. 66.60".
Note: Deletes language rendered surplusage by the treatment of this provision by
1993 Wis. Act 246.
SB436, s. 311
3Section
311. 88.22 (2) (a) of the statutes is amended to read:
SB436,125,64
88.22
(2) (a) Extending the time of payment of delinquent and unmatured
5instalments of assessments for cost of construction
(
, inclusive of interest accrued
6thereon
), for a period of not to exceed 40 years.
Note: Replaces parentheses consistent with current style.
SB436, s. 312
7Section
312. 88.22 (2) (b) of the statutes is amended to read:
SB436,125,128
88.22
(2) (b) Deferring payment of any portion of the principal of unpaid and
9unmatured assessments of cost of construction
(, inclusive of interest already
10accrued thereon
), for a period of not to exceed 10 years and provide for the payment
11of such delinquent and unpaid assessments of cost of construction in equal annual
12instalments over a period of years.
Note: Replaces parentheses consistent with current style.
SB436, s. 313
13Section
313. 88.36 (1) of the statutes is amended by replacing "shall fix a time
14and place" with "shall fix the time and place".
Note: Inserts correct word.
SB436, s. 314
15Section
314. 88.42 (1) of the statutes is amended to read:
SB436,126,216
88.42
(1) The secretary of the drainage board shall, in accordance with s. 88.19,
17keep a separate record of all assessments in each drainage district under the board's
18jurisdiction. On or before December 1 of each year, the secretary shall certify all past
19due assessments for costs
(, including past due instalments
), to the clerk of the town,
20village or city in which the delinquent lands are located or assessed, specifying the
1amount due from each tract, parcel or easement. The amount certified shall include
2interest at the rate of 6% per year computed through December 31 of the current year.
Note: Replaces parentheses consistent with current style.
SB436, s. 315
3Section
315. 88.89 (1) of the statutes is amended to read:
SB436,126,114
88.89
(1) Whenever any embankment, grade, culvert or bridge
(, including the
5approaches to
such the culvert or bridge
), built or maintained by any person across
6a natural watercourse or natural draw
so obstructs
such the watercourse or draw
so 7that waters therein are set back or diverted upon any lands in a drainage district,
8such the person
who built the embankment, grade, culvert or bridge shall
so enlarge
9the waterway through
such the embankment, grade, culvert or bridge and the
10approaches thereto
so that it will not set back or divert
such waters upon lands in
11the district.
Note: Replaces parentheses and language for greater readability and consistency
with current style.
SB436,126,1414
90.02
(1m) (d) A fence of strong woven wire not less than
fifty 50 inches wide.
SB436,126,1715
(e) A fence of boards firmly fastened to posts well set, not more than
eight 8 feet
16apart, the space between the boards to the height of
thirty 30 inches to be not more
17than
six 6 inches and at no point to be more than
ten 10 inches.
SB436,126,2018
(g) A fence of
three 3 or more wires not less than No. 12, with pickets not less
19than
four 4 feet long properly woven in or fastened thereto, and set not more than
20six 6 inches apart.
Note: Replaces word form of numbers with digits consistent with current style.
SB436,127,9
190.02
(2) The strands of woven wire shall not be smaller than No. 12 wire and
2the cross wires shall not be smaller than No. 16 wire; the strands shall not be more
3than
eight 8 inches apart, and the cross wires not more than
twelve 12 inches apart.
4All wires must be tightly stretched and securely fastened to sufficient posts firmly
5set not more than
sixteen 16 feet apart, except as provided in sub. (1m) (f) or (i) and
6except that the posts may be set not more than 20 feet apart if the wire is high tensile
7wire. The space between barbed wires or high tensile wires shall not exceed
eight 88 inches; and the space between the top board or upper edge of woven wire and the
9bottom barbed wire or high tensile wire shall not exceed
six 6 inches.
Note: Replaces word form of numbers with digits for greater conformity with
current style.
SB436, s. 318
10Section
318. 90.02 (3) of the statutes is amended to read:
SB436,127,1311
90.02
(3) Fences shall not be less than
fifty 50 inches high, and the bottom of
12the fence shall be not more than
four 4 inches from the ground, measurements to be
13made at the posts.
Note: Inserts digits consistent with current style.
SB436, s. 319
14Section
319. 92.08 (1) of the statutes is amended by replacing "71.09 (11)" with
15"subch. IX of ch. 71".
Note: Inserts correct cross-reference. The repeal and recreation of ss. 92.08 and
92.14 by
1987 Wis. Act 27 inserted references to the farmland preservation credit which
was numbered s. 71.09 (11) in the 1985 stats.
1987 Wis. Act 312 subsequently repealed
and recreated all of ch. 71, effectively renumbering the farmland preservation credit
provisions to be subch. IX of ch. 71, but did not take cognizance of the cross-references
to s. 79.01 (11) inserted by
1987 Wis. Act 27.
SB436, s. 320
16Section
320. 92.14 (2) (e) of the statutes is amended by replacing "71.09 (11)"
17with "subch. IX of ch. 71".
Note: See Note to the treatment of s. 92.08 (1) by this bill.
SB436, s. 321
18Section
321. 92.14 (3) (a) of the statutes is amended by replacing "71.09 (11)"
19with "subch. IX of ch. 71".
Note: See Note to the treatment of s. 92.08 (1) by this bill.
SB436, s. 322
1Section
322. 92.14 (4) (b) of the statutes is amended by replacing "71.09 (11)"
2with "subch. IX of ch. 71".
Note: See Note to the treatment of s. 92.08 (1) by this bill.
SB436, s. 323
3Section
323. 92.14 (6) (c) 1. of the statutes is amended by replacing "71.09 (11)"
4with "subch. IX of ch. 71".
Note: See Note to the treatment of s. 92.08 (1) by this bill.
SB436, s. 324
5Section
324. 95.11 (3) (d) of the statutes is amended by replacing
6"re-recording" with "rerecording".
Note: Corrects spelling.
Note: There is no conflict of substance.
SB436, s. 326
9Section
326. 95.25 (2) of the statutes is amended to read:
SB436,128,1710
95.25
(2) Upon reasonable notice the department, its authorized agents and all
11inspectors and persons appointed or authorized to assist in the work of applying the
12tuberculin test, may enter any buildings or
inclosures
enclosures where cattle are,
13for the purpose of making inspection and applying the tuberculin test, and any
14person who interferes therewith or obstructs them in their work or attempts to
15obstruct or prevent by force the inspection and the testing
( shall, in addition to the
16penalty prescribed therefor
) shall, be liable for all damages caused thereby to the
17state or to any person lawfully engaged in the work of inspection and testing.
Note: Replaces language and parentheses consistent with current style.
SB436, s. 327
18Section
327. 95.36 (9) of the statutes is amended to read:
SB436,128,2119
95.36
(9) Where the owner has received indemnity as a result of a former
20inspection or test, and has thereafter introduced into his
or her herd any bovine
21contrary to law or the regulations of the department.
Note: Renders provision gender neutral.
SB436, s. 328
1Section
328. 95.39 (1) of the statutes is amended to read:
SB436,129,42
95.39
(1) It is unlawful for any person to sell, furnish, give away or supply any
3tuberculin or any biological product containing Brucella organisms for use in this
4state unless
all of the following conditions are met:
SB436,129,65
(a)
the The label on the container thereof states the name and address of the
6manufacturer and the date of expiration
;.
SB436,129,87
(b)
the The vendor, within 15 days, reports to the department the name of the
8recipient, the date and amount delivered
; and.
SB436,129,109
(c)
such The products are sold or delivered only to veterinarians licensed to
10practice in this state.
Note: Subdivides text consistent with current style.
SB436, s. 329
11Section
329. 97.01 (9) of the statutes is amended to read:
SB436,129,1412
97.01
(9) "Labeling" means all labels and other written, printed or graphic
13matter
1) upon an article or any of its containers or wrappers
, or
2) accompanying
14such the article.
Note: Deletes subdivision designations not in conformity with current style.
SB436, s. 330
15Section
330. 97.03 (1) (d) of the statutes is renumbered 97.03 (1) (d) (intro.) and
16amended to read:
SB436,129,1817
97.03
(1) (d) (intro.) If in package form, unless it bears a label containing
a) the 18all of the following:
SB436,129,20
191. The name and place of business of the manufacturer, packer or distributor
;
20and b) an.