SB436, s. 296
13Section
296. 76.38 (4) (b) (intro.) of the statutes is amended to read:
SB436,115,1714
76.38
(4) (b) (intro.)
Except as provided in sub. (6), every Every telephone
15company operating a toll line or toll lines or furnishing toll service shall pay an
16annual license fee equal to the following percentages of its total gross revenues in this
17state for toll business:
SB436, s. 297
18Section
297. 77.52 (14) of the statutes is renumbered 77.52 (14) (a) (intro.) and
19amended to read:
SB436,115,2120
77.52
(14) (a) (intro.) The certificate referred to in sub. (13) relieves the seller
21from the burden of proof only if
a) any of the following is true:
SB436,116,6
11. The certificate is taken in good faith from a person who is engaged as a seller
2of tangible personal property or taxable services and who holds the permit provided
3for in sub. (9) and who, at the time of purchasing the tangible personal property or
4services, intends to sell it in the regular course of operations or is unable to ascertain
5at the time of purchase whether the property or service will be sold or will be used
6for some other purpose
, or b) if.
SB436,116,7
72. The certificate is taken in good faith from a person claiming exemption.
SB436,116,11
8(b) The certificate
referred to in sub. (13) shall be signed by and bear the name
9and address of the purchaser, and shall indicate the general character of the tangible
10personal property or service sold by the purchaser and the basis for the claimed
11exemption. The certificate shall be in such form as the department prescribes.
Note: Subdivides provision for greater readability and conformity with current
style.
SB436, s. 298
12Section
298. 77.54 (20) (a) of the statutes is renumbered 77.54 (20) (a) (intro.)
13and amended to read:
SB436,116,1514
77.54
(20) (a) (intro.) "Food", "food products" and "beverages" include, by way
15of illustration and not of limitation,
milk the following:
SB436,116,16
161. Milk and milk products
, cereal.
SB436,116,18
172. Cereal and cereal products
(, including meal, grits, flour, bread and other
18bakery products
), meats.
SB436,116,19
193. Meats and meat products
, fish and
.
SB436,116,20
204. Fish, fish products
, and seafoods
, poultry.
SB436,116,21
215. Poultry and poultry products
, vegetables.
SB436,116,22
226. Vegetables and vegetable juices
, fruits.
SB436,116,23
237. Fruit and fruit juices as defined in ch. 97, 1967 stats.
, canned
SB436,117,1
18. Canned goods
(, including jams, jellies and preserves
), nuts.
SB436,117,2
29. Nuts, berries
, and melons
, sugar,.
SB436,117,3
310. Sugar and salt
, coffee.
SB436,117,4
411. Coffee, coffee substitutes, tea
,
and cocoa
, condiments, spices, spreads,.
SB436,117,5
514. Spreads and relishes
, desserts, flavoring, oleomargarine,.
SB436,117,6
617. Oleomargarine and shortening
, candy,
.
SB436,117,7
718. Candy and confections
, dietary foods,.
SB436,117,8
819. Dietary foods and health supplements
, or any.
SB436,117,9
920. 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.
SB436, s. 299
10Section
299. 77.54 (20) (a) 12., 13., 15. and 16. of the statutes are created to
11read:
SB436,117,1212
77.54
(20) (a) 12. Condiments.
SB436,117,1313
13. Spices.
SB436,117,1414
15. Desserts.
SB436,117,1515
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.
SB436,117,2018
77.91
(4) Expenses. Except as provided in sub. (5),
the department's expenses
19for the administration of this subchapter shall be paid from the appropriation under
20s. 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.
SB436, s. 301
1Section
301. 80.24 of the statutes is renumbered 80.24 (1) and amended to
2read:
SB436,118,73
80.24
(1) If the Except as provided in sub. (2), an owner of lands through which
4a highway is laid out, widened, altered or discontinued
who is not satisfied with
his
5or her the award of damages
under s. 80.09 may, within 30 days after the filing of the
6award,
(and if within the 30 days an appeal
has been taken to the circuit judge for
7a jury to assess the damages.
SB436,118,13
8(2) An owner of lands through which a highway is laid out, widened, altered
9or discontinued who has appealed under s. 80.17 from the order laying out, widening,
10altering or discontinuing the highway
, then and who is not satisfied with the award
11of damages under s. 80.09 may, within 30 days after the
entry of a final order on the
12appeal affirming the order
) the owner may, appeal to the circuit judge for a jury to
13assess
his or her the damages.
The
SB436,118,15
14(3) An appeal
under this section shall be in writing, describing the premises
,
15and.
SB436,118,17
16(4) An appeal under this section may be joined in by any number of persons
17claiming damages on account of the highway
may join in the appeal.
SB436,118,22
18(5) The appellant shall serve on 2 of the supervisors of the town in which the
19highway is situated, or upon 2 or more of the supervisors or commissioners of the
20town, city or village who have been assigned the duty of paying the damages for the
21land, at least 6 days before making the appeal, a notice in writing, specifying
therein
22the
following:
SB436,118,23
23(a) The name of the judge to whom
and the
appeal will be made.
SB436,118,24
24(b) The time
and when the appeal will be made.
SB436,118,25
25(c) The place
where the appeal will be made.
SB436,119,3
1(6) If more than one appeal is taken from the award of damages on account of
2any highway, the appeals shall be consolidated by the circuit judge, and only one jury
3shall be impaneled to reassess the damages.
Note: Subdivides provision, replaces parentheses and replaces and reorganizes
language for greater readability and conformity with current style.
SB436, s. 302
4Section
302. 80.31 (3) of the statutes is amended by replacing "incumbered"
5with "encumbered" and by replacing "incumbrance" with "encumbrance".
Note: Inserts preferred spelling.
SB436, s. 303
6Section
303. 80.39 (1) (a) of the statutes is amended to read:
SB436,119,187
80.39
(1) (a) The county board may lay out highways in the county, and may
8widen, alter or discontinue any highway or part thereof laid out by
it (but may not
9discontinue any part of a state trunk highway) the board upon the petition of not less
10than 10 resident freeholders of each town in which the highway or any part thereof
11is proposed to be laid out, widened, altered or discontinued
, except that the board
12may not discontinue any part of a state trunk highway. All the powers herein granted
13may be exercised by a committee of not less than 3 members of the board. Whenever
14the supervisors of adjoining towns in different counties cannot agree in laying out
15a highway extending from one town into the other and the supervisors of one town
16lay out a highway up to the line of the adjoining town, the county board of the county
17in which such latter town lies may, upon like petition, lay out such highway in
18continuation as the public interests may require.
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.