AB970: Bill Text

LRB-2909/1

BEM:kg:jf

1997 - 1998 LEGISLATURE

1997 Assembly BILL 970

April 30, 1998 - Introduced by Law Revision Committee. Referred to Committee on Judiciary.

AB970,1,5 An Act relating to: repealing, consolidating, renumbering, amending and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, and eliminating defects, anachronisms, conflicts, ambiguities and obsolete provisions (Revision Bill).

Analysis by the Legislative Reference Bureau

This bill is prepared pursuant to s. 13.93 (2) (j), stats., for the purpose of modernizing statutory structure and language in order to increase conformity with current statutory style and to improve user readability and accessibility. Throughout this bill, the word form of numbers is replaced by digits; disfavored language is replaced with preferred terms and spellings; long sentences and statutory units are subdivided or otherwise shortened; and nonspecific articles and references are replaced. Some punctuation has been changed to accommodate the other changes. Notes provided by the revisor of statutes bureau in the body of the bill indicate the treatments that have been made to the specific statutory units. No substantive changes are intended.

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

AB970, s. 1 Section 1. 59.64 (1) (c) (title) of the statutes is amended to read:

AB970,2,2 59.64 (1) (c) (title) Of judicial officers court commissioners.

AB970, s. 2 Section 2. 59.64 (1) (c) of the statutes is renumbered 59.64 (1) (c) 1. and amended to read:

AB970,2,9 59.64 (1) (c) 1. (intro.) Court commissioners shall, on or before the first Monday of November in each year, forward to the clerk of their respective counties a correct statement of all actions or proceedings had before them, during the immediately preceding year, in which the county became liable for costs, giving the. The statement shall include all of the following:

AB970,2,10 a. The names of the parties in each action or proceeding, the.

AB970,2,11 b. The nature and result of the same, the each action or proceeding.

AB970,2,12 c. The amount of costs in detail in each case and what action or proceeding.

AB970,2,14 d. The items of costs awarded, if any, which have been paid and the amount thereof of each payment.

AB970,2,20 2. The clerk shall file such the statements described in subd. 1. in his or her office. Any such officer court commissioner who neglects to make and return such the statements within the time prescribed in this paragraph subd. 1. shall not receive any compensation from the county for any service rendered by him or her in any criminal case or proceeding during the year next preceding the time when the statement is required to be made and returned.

Note: Clarifies references to court commissioners. This provision referred to "other officers" as it previously included county judges and municipal justices. Other language is replaced and the provision subdivided for improved readability and conformity with current style.

AB970, s. 3 Section 3. 59.64 (1) (d) 1. of the statutes is renumbered 59.64 (1) (d) 1. (intro.) and amended to read:

AB970,3,7 59.64 (1) (d) 1. (intro.) At least 10 days before the annual meeting of the board, every such officer court commissioner shall make and file with the clerk a certified statement of all actions or proceedings had or tried before him or her within the year next preceding the date of the statement in which the state was a party, and wherein in which the county became liable for the fees of officers,within the year next preceding the date of the statement, showing the who appeared on the part of either the state or a defendant. The statement shall include all of the following:

AB970,3,8 a. The title and nature of the action or examination ,.

AB970,3,9 b. The date of trial, the.

AB970,3,12 c. The names of all officers, who actually attended court and gave in a statement of their attendance and travel; and also such on the part of the defendant as were allowed against the county, and the

AB970,3,13 d. The amount to which they the officers are severally entitled.

AB970,3,15 1m. The statement described in subd.1 shall be substantially in the following form:

AB970,3,16 State of Wisconsin

AB970,3,17 v.

AB970,3,18 ....

AB970,3,19 In .... Circuit Court for .... County

AB970,3,20 Complaint for ....

AB970,3,21 Before ...., .... Judge Court Commissioner.

AB970,3,22 Heard the .... day of ...., 19.. ....

AB970,3,23 To the County Board of .... County:

AB970,4,4 I hereby certify that in the foregoing entitled action the following named persons rendered services therein, and attended before me in the capacity stated, and. I further certify that the following named persons are severally entitled to the amounts specified below for the services, attendance and travel, and that the services were actually and necessarily rendered, and said that the action was prosecuted in good faith:

AB970,4,7 A.B. .... (constable or sheriff), actually and necessarily traveled in serving the .... herein, .... miles, and attended court .... days, and is entitled to $.... dollars for other just and lawful services in the cause, and in all is entitled to $.... dollars.

AB970,4,8 Dated this .... day of ...., 19.. ....

Note: Clarifies references to court commissioners. This provision referred to "other officers" as it previously included county judges and municipal justices. Also clarifies that "such on the part of the defendant" applies to appearances by officers on behalf of defendants and not to the award of any fees to defendants. Other language is reordered and replaced and the provision subdivided for improved readability and conformity with current style. Modifies date for new millennium.

AB970, s. 4 Section 4. 63.36 (1) of the statutes is amended to read:

AB970,4,20 63.36 (1) The board shall control all examinations, and may, whenever an examination is to take place, designate a suitable number of persons, either in or not in the official service of the city, to be examiners, and the examiners shall make return or report thereof of the examination to the board. The board may, at any time, substitute any other person, whether or not in such the official service of the city, in the place of any one anyone so selected. The board may themselves, at any time, act as such examiners, and under this section without appointing examiners. The examiners, at any examination, shall not all be members of the same political party, and no. No person shall serve in an examination of candidates a candidate for office under ss. 63.18 to 63.53 in case of who is a relative or connection connected by marriage within the degree of first cousin.

Note: Replaces language for greater clarity and readability.

AB970, s. 5 Section 5. 70.22 (1) of the statutes is amended to read:

AB970,5,13 70.22 (1) In case one or more of two 2 or more executors of the will or administrators or trustees of the estate of a decedent, whose domicile at the time of the decedent's death was in this state, shall are not be residents within of the state, the taxable personal property belonging to such the estate shall be assessed to the executors, administrators or trustees residing in this state. In case there shall be two are 2 or more executors, administrators or trustees of the same estate residing in this state, but in different assessment taxation districts, the assessment of such the taxable personal property belonging to the estate shall be in the name of all such of the executors, administrators or trustees of the estate residing in this state. In case the executor, administrator, or trustee, or all of them if more than one, shall do not reside in this state, such the taxable personal property belonging to the estate may be assessed in the name of such the executors or administrators or in the name of such the estate.

Note: Replaces word form of numbers with digits, corrects grammar and replaces language for greater conformity with current style.

AB970, s. 6 Section 6. 70.22 (2) of the statutes is renumbered 70.22 (2) (a) and amended to read:

AB970,5,21 70.22 (2) (a) The taxes imposed pursuant to such an assessment under sub. (1) may be enforced as a claim against the estate, upon presentation of such a claim for the taxes by the treasurer of such the taxation district to the court in which the proceedings for the probate of such the estate are pending, and upon. Upon due proof such, the court shall allow and order the same claim to be paid; and before the allowance of.

AB970,6,3 (b) Before allowing the final account of a nonresident executor, administrator or trustee, the court shall ascertain whether there are or will be any taxes remaining unpaid or to be paid on account of personal property belonging to the estate, and shall make such any order or direction as may be that is necessary to provide for the payment thereof of the taxes.

AB970,6,6 (3) The foregoing provisions of this section shall not impair or affect any remedy given by other provisions of law for the collection or enforcement of taxes upon personal property assessed to executors, administrators or trustees.

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