SB436, s. 289 19Section 289. 72.35 (1) of the statutes is amended to read:
SB436,114,320 72.35 (1) Arbitration agreement. When the department and the taxing
21authority of another state each claim that a decedent was a resident of its state on
22the date of his the decedent's death, the department may make a written agreement
23with the other taxing authority and with the personal representative, special

1administrator or trustee, to a) settle the dispute, or b) submit the controversy to a
2panel consisting of any uneven number of arbitrators. Parties to the agreement shall
3select the arbitrators.
Note: Renders provision gender neutral and conforms numbering to current style.
SB436, s. 290 4Section 290. 72.35 (5) of the statutes is amended to read:
SB436,114,75 72.35 (5) Determination of residence. The panel, by majority vote, shall
6determine the residence of the decedent on the date of his the decedent's death. This
7determination shall be final only for purposes of imposing and collecting death taxes.
Note: Renders provision gender neutral.
SB436, s. 291 8Section 291. 75.12 (1) of the statutes is amended by replacing "incumbered"
9with "encumbered".
Note: Inserts preferred spelling.
SB436, s. 292 10Section 292. 75.521 (15) of the statutes is repealed.
Note: Deletes obsolete effective date provision.
SB436, s. 293 11Section 293. 76.02 (5) of the statutes is amended to read:
SB436,114,1612 76.02 (5) Any person, association, company or corporation (, not being a railroad
13company as defined in sub. (2)), owning any cars known as dining, buffet, chair,
14parlor or sleeping cars which are used upon railroads within this state, unless the
15ownership of such those cars be is identical with that of the railroads on which they
16are operated, shall be deemed considered a sleeping car company.
Note: Replaces parentheses and language for greater conformity with current
style.
SB436, s. 294 17Section 294. 76.09 of the statutes is amended to read:
SB436,115,7 1876.09 Assessment of omitted property. Any property subject to assessment
19under this subchapter which has been omitted from assessment or which has not
20been included in any assessment already made in any of the 5 next previous years
21by mistake or inadvertence unless previously reassessed for the same year or years,

1shall be entered by the department upon its assessment and tax roll once
2additionally for each year so omitted, designating each such additional entry as
3omitted for the year 19 .... , (giving year of omission ) and fixing the valuation and tax
4to each entry for a former year as the same should then have been assessed according
5to the best judgment of the department. The proceedings related to such an
6assessment under this section shall be had and hearings given as far as practicable
7in accordance with this subchapter.
Note: Replaces parentheses and language for greater conformity with current
style.
SB436, s. 295 8Section 295. 76.38 (4) (a) (intro.) of the statutes is amended to read:
SB436,115,129 76.38 (4) (a) (intro.) Except as provided in sub. (6), every Every telephone
10company operating one or more telephone exchanges shall pay an annual license fee
11equal to the following percentages of its total gross revenues in this state for local and
12rural exchange service:
Note: Section 78.38 (6) was repealed by 1993 Wis. Act 205.
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:
Note: Section 78.38 (6) was repealed by 1993 Wis. Act 205.
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, s. 300 16Section 300. 77.91 (4) of the statutes, as affected by 1995 Wisconsin Act 27,
17is amended to read:
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.
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