AB678: Bill Text

LRB-2811/1

ARG:kmg:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 678

November 20, 2003 - Introduced by Joint Legislative Council. Referred to Committee on Transportation.

AB678,3,2 An Act to repeal 60.10 (1) (d), 60.24 (3) (n), chapter 80 (title), 80.01 (title), 80.01 (1) (title), 80.02 (title), 80.03, 80.04 (title), 80.05 (2) (intro.) and (c), 80.06 (title), 80.07 (title), 80.09, 80.10, 80.11 (2) (a) 1. to 4., (b) and (c), 80.11 (4), 80.11 (8), 80.12 (title), 80.12 (1), 80.12 (3) and (4), 80.13 (title), 80.17 (title), 80.22 (title), 80.24 to 80.30, 80.31 (title), (1) and (2), 80.35, 80.38 to 80.40, 80.48, 80.65, chapter 81 (title), 81.01 (5), (6), (7) and (9), 81.02 (title), 81.04, 81.05, 81.06 (title), 81.07, 81.11 (title) and (1) to (4), 81.12, 81.14 (3), 81.36, 81.39, 81.42 (title), 83.18 (1) (title), 83.18 (2) and 893.73 (2) (c); to renumber 80.01 (1m) (title), 80.15 (title), 80.23 (title), 80.32 (4) (a) 1. and 2., 80.32 (4) (b), 80.32 (4) (d), 80.34 (title), 81.08 (title), 81.38 (title), 86.26, 86.265 and 86.266; to renumber and amend 80.01 (1), 80.01 (1m), 80.01 (2), 80.01 (3), 80.01 (4) (title), 80.01 (4), 80.01 (5), 80.02, 80.025, 80.04, 80.05 (title), 80.05 (1), 80.05 (2) (a), 80.05 (2) (b), 80.06, 80.08, 80.11 (title), 80.11 (1), 80.11 (2) (a) (intro.), 80.11 (3) (a), (b) 1. and 2. and (c), 80.11 (5), 80.11 (6), 80.11 (7), 80.12 (2), 80.12 (5), 80.125, 80.13 (1), 80.13 (1m), 80.13 (3), 80.13 (4), 80.13 (4m), 80.13 (5), 80.14, 80.15, 80.16, 80.17, 80.22, 80.23 (1), 80.23 (2), 80.31 (3), 80.32 (title), 80.32 (1), 80.32 (2), 80.32 (3), 80.32 (4) (a) (intro.), 80.32 (4) (c), 80.32 (5), 80.33, 80.34 (1), 80.34 (2), 80.37, 80.41, 80.47, 80.64, 81.01 (title), 81.01 (2), 81.01 (3), 81.01 (4), 81.01 (8), 81.01 (10), 81.01 (11), 81.02, 81.03 (title), 81.03, 81.06, 81.08 (1), 81.08 (2), 81.08 (3), 81.11 (5), 81.14 (title), 81.14 (1), 81.14 (2), 81.14 (4), 81.15, 81.17, 81.35, 81.38 (1), 81.38 (2), 81.38 (3), 81.38 (4), 81.38 (5), 81.38 (6), 81.38 (7), 81.42 (1), 81.42 (2) and 83.18 (1); to consolidate, renumber and amend 80.07 (1) and (2) and 81.01 (intro.) and (1); to amend 32.035 (4) (a), 32.05 (intro.), 59.69 (5) (e) 7., 59.84 (2) (f) 5., 60.23 (17), 60.24 (3) (o), 60.24 (3) (p), 60.33 (10), 60.37 (4) (a), 62.73 (1), 66.1003 (2) and (3), 83.015 (2) (b), 83.09, 83.19, 84.02 (1), 84.07 (1), 84.14 (3), 86.315 (3), 236.16 (2) and 756.04 (2); and to create 66.1003 (10), 66.1005 (title), 66.1033 (1) and (3), chapter 82 (title), subchapter I (title) of chapter 82 [precedes 82.01], 82.01 (intro.), (1) to (7) and (9) to (11), 82.03 (1) (title), 82.03 (1) (c), (5) (title) and (c), (6) and (9) to (19), 82.05 (1), 82.05 (4), 82.08 (8), subchapter II (title) of chapter 82 [precedes 82.10], 82.10 (title), (1) (b), (2), (4) (title) and (b) and (5), 82.11 (title), 82.12 (title), 82.14 (title), (1) and (3), 82.15, 82.16 (3), 82.19 (2) (b) 1., subchapter III (title) of chapter 82 [precedes 82.21], 82.21 (1) (a) and (b), (4) (title) and (5) (title), 82.27 (title), (1), (5) (c) and (d), (9) and (10), subchapter IV (title) of chapter 82 [precedes 82.31], 82.35 (1) (intro.) and 893.83 (title) of the statutes; relating to: the reorganization, modernization, and modification of chapters 80 and 81.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the Joint Legislative Council in the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council's Special Committee on Recodification of Town Highway Statutes.

The committee was directed to recodify chs. 80 and 81 and any matters related to those statutes. The special committee was instructed that the recodification may include a study of the reorganization of the chapter in a logical manner, renumbering and retitling sections, consolidating related provisions, modernizing language, resolving ambiguities in language, codifying court decisions, and making minor substantive changes.

Many of the provisions in chs. 80 and 81 date from the 1800s. The changes and additions to those chapters over the years seem to have occurred piecemeal without regard to any internal organization. As a result, current chs. 80 and 81are unwieldy and difficult to use.

This bill:

1. Reorganizes chs. 80 and 81 by:

a. Moving most of the provisions in current chs. 80 and 81 into a new ch. 82. The special committee decided to create ch. 82 in order to avoid confusion between the original and the recodified law.

b. Arranging the provisions of the new ch. 82 into a logical order. The bill creates 3 subchapters.

c. Reorganizing some of the individual sections within current chs. 80 and 81 by combining them with other sections, dividing single sections into multiple sections, and internally reorganizing single sections.

d. Relocating whole or partial sections of current chs. 80 and 81 outside of the new ch. 82. This was done mainly for provisions that apply to municipalities other than towns.

2. Makes nonsubstantive changes to modernize language and reflect modern drafting style.

3. Repeals several sections of the current chs. 80 and 81 that the special committee concluded were unnecessary.

4. Makes substantive changes.

There are detailed notes following the sections that indicate the substantive change, if any. If the note does not indicate a substantive change, none is intended. If a question arises about the effect of any modification made by this bill, the special committee intends that the revisions in this bill be construed to have the same effect as the prior statute.

To aid in locating the renumbered sections, a table is located at the end of this bill that identifies the treatment of each of the provisions in current chs. 80 and 81.

AB678, s. 1 Section 1. 32.035 (4) (a) of the statutes is amended to read:

AB678,4,9 32.035 (4) (a) When an impact statement is required; permitted. The department shall prepare an agricultural impact statement for each project, except a project under ch. 81 82 or a project located entirely within the boundaries of a city or village, if the project involves the actual or potential exercise of the powers of eminent domain and if any interest in more than 5 acres of any farm operation may be taken. The department may prepare an agricultural impact statement on a project located entirely within the boundaries of a city or , village, or town or involving any interest in 5 or fewer acres of any farm operation if the condemnation would have a significant effect on any farm operation as a whole.

AB678, s. 2 Section 2. 32.05 (intro.) of the statutes is amended to read:

AB678,5,7 32.05 Condemnation for sewers and transportation facilities. (intro.) In this section, "mass transit facility" includes, without limitation because of enumeration, exclusive or preferential bus lanes if those lanes are limited to abandoned railroad rights-of-way or existing expressways constructed before May 17, 1978, highway control devices, bus passenger loading areas and terminal facilities, including shelters, and fringe and corridor parking facilities to serve bus and other public mass transportation passengers, together with the acquisition, construction, reconstruction and maintenance of lands and facilities for the development, improvement and use of public mass transportation systems for the transportation of passengers. This section does not apply to town highways created or altered under ch. 80 except as to jury trials on appeals under ss. 80.24 and 80.25, nor to proceedings in 1st class cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to 66.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option of the condemning authority. Condemnation by a local exposition district under subch. II of ch. 229 for any exposition center or exposition center facility may proceed under this section or under s. 32.06 at the option of the local exposition district. All other condemnation of property for public alleys, streets, highways, airports, mass transit facilities, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, storm sewers and sanitary sewers, watercourses or water transmission and distribution facilities shall proceed as follows:

AB678, s. 3 Section 3. 59.69 (5) (e) 7. of the statutes is amended to read:

AB678,5,19 59.69 (5) (e) 7. When any lands previously under the jurisdiction of a county zoning ordinance have been finally removed from such jurisdiction by reason of annexation to an incorporated municipality, and after the regulations imposed by the county zoning ordinance have ceased to be effective as provided in sub. (7), the board may, on the recommendation of its zoning agency, enact amendatory ordinances that remove or delete the annexed lands from the official zoning map or written descriptions without following any of the procedures provided in subds. 1. to 6., and such amendatory ordinances shall become effective upon enactment and publication. A copy of the ordinance shall be forwarded by the clerk to the clerk of each town in which the lands affected were previously located. Nothing in this paragraph shall be construed to nullify or supersede s. 80.64 66.1031.

AB678, s. 4 Section 4. 59.84 (2) (f) 5. of the statutes is amended to read:

AB678,6,2 59.84 (2) (f) 5. The governing body of the municipality shall, within 30 days after filing, take the necessary action to comply with the order and in so doing shall not be limited by the objections of an abutting owner, and s. 80.32 (4) 66.1005 (2) shall not be applicable to any vacation or discontinuance required by the order, and any such municipality may act upon the initiative of its governing body without the necessity of obtaining the consent of an abutting owner, notwithstanding chs. 60, 61, 62 and 66 and s. 80.32 (4) 66.1005 (2) and any other provisions of law to the contrary.

AB678, s. 5 Section 5. 60.10 (1) (d) of the statutes is repealed.

Note: The committee repealed s. 81.05 because the committee believed that it was no longer used by towns. Current s. 60.10 (1) (d) is merely a cross-reference to s. 81.05.

AB678, s. 6 Section 6. 60.23 (17) of the statutes is amended to read:

AB678,6,6 60.23 (17) Change street names. Name, or change the name of, any street in the town under s. 81.01 (11) 82.03 (7).

AB678, s. 7 Section 7. 60.24 (3) (n) of the statutes is repealed.

Note: Section 60.24 (3) (n) reads as follows: "Perform duties in connection with selection of jurors in actions relating to the taking of property to provide access to a cemetery, fairground, or land used for industrial expositions under s. 80.48 (3) and (4).". The special committee deleted current s. 80.48 because it concluded that the section was no longer necessary.

AB678, s. 8 Section 8. 60.24 (3) (o) of the statutes is amended to read:

AB678,6,10 60.24 (3) (o) Sign orders for payment of work performed and materials furnished on town highways under s. 81.04.

Note: This bill entirely deletes the language in current s. 81.04. Therefore, this section deletes the cross-reference.

AB678, s. 9 Section 9. 60.24 (3) (p) of the statutes is amended to read:

AB678,6,13 60.24 (3) (p) See that all tunnels in the town are constructed under s. 81.35 82.37 and that they are kept in good repair.

AB678, s. 10 Section 10. 60.33 (10) of the statutes is amended to read:

AB678,6,16 60.33 (10) Highways and bridges. Perform the duties specified in chs. 80 82 to 92, relating to highways, bridges and drains.

AB678, s. 11 Section 11. 60.37 (4) (a) of the statutes is amended to read:

AB678,7,4 60.37 (4) (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 82.03 (1).

AB678, s. 12 Section 12. 62.73 (1) of the statutes is amended to read:

AB678,7,13 62.73 (1) The common council of a 1st class city may vacate in whole or in part highways, streets, alleys, grounds, waterways, public walks and other public grounds within the corporate limits of the city that it determines the public interest requires to be vacated or are of no public utility, subject to s. 80.32 (4) 66.1005 (2). Proceedings under this section shall be commenced either by a petition presented to the common council signed by the owners of all property which abuts the portion of the public facilities proposed to be vacated, or by a resolution adopted by the common council. The requirements of s. 840.11 apply to proceedings under this section.

AB678, s. 13 Section 13. 66.1003 (2) and (3) of the statutes are amended to read: