SB436: Bill Text

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

SB436,124,20 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.

SB436, s. 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.

SB436, s. 311 Section 311. 88.22 (2) (a) of the statutes is amended to read:

SB436,125,6 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.

SB436, s. 312 Section 312. 88.22 (2) (b) of the statutes is amended to read:

SB436,125,12 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.

Note: Replaces parentheses consistent with current style.

SB436, s. 313 Section 313. 88.36 (1) of the statutes is amended by replacing "shall fix a time and place" with "shall fix the time and place".

Note: Inserts correct word.

SB436, s. 314 Section 314. 88.42 (1) of the statutes is amended to read:

SB436,126,2 88.42 (1) The secretary of the drainage board shall, in accordance with s. 88.19, keep a separate record of all assessments in each drainage district under the board's jurisdiction. On or before December 1 of each year, the secretary shall certify all past due assessments for costs (, including past due instalments), to the clerk of the town, village or city in which the delinquent lands are located or assessed, specifying the amount due from each tract, parcel or easement. The amount certified shall include interest 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 Section 315. 88.89 (1) of the statutes is amended to read:

SB436,126,11 88.89 (1) Whenever any embankment, grade, culvert or bridge (, including the approaches to such the culvert or bridge), built or maintained by any person across a natural watercourse or natural draw so obstructs such the watercourse or draw so that waters therein are set back or diverted upon any lands in a drainage district, such the person who built the embankment, grade, culvert or bridge shall so enlarge the waterway through such the embankment, grade, culvert or bridge and the approaches thereto so that it will not set back or divert such waters upon lands in the district.

Note: Replaces parentheses and language for greater readability and consistency with current style.

SB436, s. 316 Section 316. 90.02 (1m) (d), (e) and (g) of the statutes, as affected by 1995 Wisconsin Act 41, are amended to read:

SB436,126,14 90.02 (1m) (d) A fence of strong woven wire not less than fifty 50 inches wide.

SB436,126,17 (e) A fence of boards firmly fastened to posts well set, not more than eight 8 feet apart, the space between the boards to the height of thirty 30 inches to be not more than six 6 inches and at no point to be more than ten 10 inches.

SB436,126,20 (g) A fence of three 3 or more wires not less than No. 12, with pickets not less than four 4 feet long properly woven in or fastened thereto, and set not more than six 6 inches apart.

Note: Replaces word form of numbers with digits consistent with current style.

SB436, s. 317 Section 317. 90.02 (2) of the statutes, as affected by 1995 Wisconsin Act 41, is amended to read:

SB436,127,9 90.02 (2) The strands of woven wire shall not be smaller than No. 12 wire and the cross wires shall not be smaller than No. 16 wire; the strands shall not be more than eight 8 inches apart, and the cross wires not more than twelve 12 inches apart. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than sixteen 16 feet apart, except as provided in sub. (1m) (f) or (i) and except that the posts may be set not more than 20 feet apart if the wire is high tensile wire. The space between barbed wires or high tensile wires shall not exceed eight 8 inches; and the space between the top board or upper edge of woven wire and the bottom 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 Section 318. 90.02 (3) of the statutes is amended to read:

SB436,127,13 90.02 (3) Fences shall not be less than fifty 50 inches high, and the bottom of the fence shall be not more than four 4 inches from the ground, measurements to be made at the posts.

Note: Inserts digits consistent with current style.

SB436, s. 319 Section 319. 92.08 (1) of the statutes is amended by replacing "71.09 (11)" with "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 Section 320. 92.14 (2) (e) of the statutes is amended by replacing "71.09 (11)" with "subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

SB436, s. 321 Section 321. 92.14 (3) (a) of the statutes is amended by replacing "71.09 (11)" with "subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

SB436, s. 322 Section 322. 92.14 (4) (b) of the statutes is amended by replacing "71.09 (11)" with "subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

SB436, s. 323 Section 323. 92.14 (6) (c) 1. of the statutes is amended by replacing "71.09 (11)" with "subch. IX of ch. 71".

Note: See Note to the treatment of s. 92.08 (1) by this bill.

SB436, s. 324 Section 324. 95.11 (3) (d) of the statutes is amended by replacing "re-recording" with "rerecording".

Note: Corrects spelling.

SB436, s. 325 Section 325. The amendment of 95.11 (4) of the statutes by 1993 Wisconsin Act 490 is not repealed by 1993 Wisconsin Act 492. Both amendments stand.

Note: There is no conflict of substance.

SB436, s. 326 Section 326. 95.25 (2) of the statutes is amended to read:

SB436,128,17 95.25 (2) Upon reasonable notice the department, its authorized agents and all inspectors and persons appointed or authorized to assist in the work of applying the tuberculin test, may enter any buildings or inclosures enclosures where cattle are, for the purpose of making inspection and applying the tuberculin test, and any person who interferes therewith or obstructs them in their work or attempts to obstruct or prevent by force the inspection and the testing ( shall, in addition to the penalty prescribed therefor) shall, be liable for all damages caused thereby to the state 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 Section 327. 95.36 (9) of the statutes is amended to read:

SB436,128,21 95.36 (9) Where the owner has received indemnity as a result of a former inspection or test, and has thereafter introduced into his or her herd any bovine contrary to law or the regulations of the department.

Note: Renders provision gender neutral.

SB436, s. 328 Section 328. 95.39 (1) of the statutes is amended to read:

SB436,129,4 95.39 (1) It is unlawful for any person to sell, furnish, give away or supply any tuberculin or any biological product containing Brucella organisms for use in this state unless all of the following conditions are met:

SB436,129,6 (a) the The label on the container thereof states the name and address of the manufacturer and the date of expiration;.

SB436,129,8 (b) the The vendor, within 15 days, reports to the department the name of the recipient, the date and amount delivered; and.

SB436,129,10 (c) such The products are sold or delivered only to veterinarians licensed to practice in this state.

Note: Subdivides text consistent with current style.

SB436, s. 329 Section 329. 97.01 (9) of the statutes is amended to read:

SB436,129,14 97.01 (9) "Labeling" means all labels and other written, printed or graphic matter 1) upon an article or any of its containers or wrappers, or 2) accompanying such the article.

Note: Deletes subdivision designations not in conformity with current style.

SB436, s. 330 Section 330. 97.03 (1) (d) of the statutes is renumbered 97.03 (1) (d) (intro.) and amended to read:

SB436,129,18 97.03 (1) (d) (intro.) If in package form, unless it bears a label containing a) the all of the following:

SB436,129,20 1. The name and place of business of the manufacturer, packer or distributor; and b) an.

SB436,129,22 2. An accurate statement of the quantity of the contents in terms of weight, measure or numerical count.

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

SB436, s. 331 Section 331. 97.17 (2) of the statutes is amended to read:

SB436,130,8 97.17 (2) No person shall engage as a buttermaker or cheesemaker unless he the person has a license from the department. Such The license shall be issued by the department under such regulations as that the department shall prescribe relating to the qualifications of applicants for licenses. Such The qualifications shall include among other things: Previous the applicant's record in operating and keeping in sanitary condition the butter or cheese factory in which he the applicant has been employed.

Note: Renders provision gender neutral and replaces language not in conformity with current drafting style.

SB436, s. 332 Section 332. 97.17 (3) of the statutes is amended to read:

SB436,130,19 97.17 (3) Application for a buttermaker's or cheesemaker's license shall be made upon a blank form furnished by the department. Upon receipt of such the application the department shall issue a permit to such the applicant to carry on the work of a buttermaker or cheesemaker. Such The permit shall have the force and effect of a license to a buttermaker or cheesemaker until a license shall have been issued to the applicant or until such the applicant shall have been notified of the denial of such the application. At the time such that the permit is issued, the department shall furnish him the applicant with the regulations incident to securing a license and also suggestions relating to the proper method of operating butter or cheese factories.

Note: Renders provision gender neutral and replaces language not in conformity with current drafting style.

SB436, s. 333 Section 333. 97.18 (3) (c) of the statutes is amended to read:

SB436,131,5 97.18 (3) (c) There appears on the label of the package 1) the word "oleomargarine" or " margarine" in type or lettering at least as large as any other type or lettering on such the label in a color of print which clearly contrasts with its background, and 2) a full accurate statement of the ingredients contained in such the oleomargarine or margarine; and

Note: Deletes subdivision designations not in conformity with current style.

SB436, s. 334 Section 334. 97.25 (3) of the statutes is amended by replacing "s. 50.51" with "s. 254.64".

Note: Corrects cross-reference. Section 50.51 was renumbered s. 254.64 by 1993 Wis. Act 27.

SB436, s. 335 Section 335. 97.42 (3) (b) of the statutes is amended to read:

SB436,131,23 97.42 (3) (b) Examination after slaughter. For the same purpose stated in par. (a), the department shall cause to be made, by inspectors (who may be veterinarians on either a full or part-time basis) under supervision of the department, who may be veterinarians on either a full-time or part-time basis, an examination and inspection of the carcasses and parts thereof of all animals and poultry slaughtered at any establishment, except as provided in pars. (d) and (em). The carcasses and parts thereof of all such animals and poultry found to be wholesome and fit for human food shall be marked, stamped, tagged or labeled by inspectors as "Wis. inspected and passed". Inspectors shall mark, stamp, tag or label as "Wis. inspected and condemned" all carcasses and parts thereof of such animals and poultry found to be unwholesome or otherwise unfit for human food, and all carcasses and parts thereof so inspected and condemned shall be destroyed, in accordance with rules issued by the department. Inspection marks, stamps, tags and labels shall be prescribed by the department and shall include thereon the identification number of the establishment assigned by the department.

Note: Replaces nonspecific reference and parentheses and deletes language for greater conformity with current style.

SB436, s. 336 Section 336. 98.22 of the statutes is renumbered 98.22 (1) (intro.) and amended to read:

SB436,132,6 98.22 (1) (intro.) When a commodity in bulk is delivered by vehicle to an individual purchaser and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated in ink or by means of other indelible marking equipment: 1) the

SB436,132,7 (a) The name and address of the vendor; 2) the.

SB436,132,8 (b) The name and address of the purchaser; and 3) the.

SB436,132,10 (c) The net weight of the delivery expressed in pounds, but where milk is picked up at farms, only the identity of the vendor and the net weight need be stated. If.

SB436,132,13 (d) The gross and tare weights of the delivery if the net weight of the delivery is derived from determination of gross and tare weights, such gross and tare weights also shall be stated in terms of pounds on the ticket.

SB436,132,22 (3) One of these the duplicate delivery tickets required under sub. (1) shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of delivery of the commodity, or shall be surrendered, on demand to the inspector or sealer, who may retain it as evidence and issue a weight slip in lieu thereof for delivery to the purchaser. If the purchaser carries away the purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number of pounds of commodity delivered to the purchaser. If the commodity is to be weighed by the purchaser, the purchaser shall furnish the vendor the duplicate delivery ticket provided for herein in this section.

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

SB436, s. 337 Section 337. 98.22 (2) of the statutes is created to read:

SB436,133,3 98.22 (2) Where milk is picked up at farms, only the identity of the vendor and the net weight need be stated.