1995 Chapter 990

990.01(49) (49) Year. "Year" means a calendar year, unless otherwise expressed; "year" alone means "year of our Lord".

990.01 History History: 1971 c. 164 ss. 80, 91; 1971 c. 213 s. 5; Sup. Ct. Order, 67 W (2d) 784; 1977 c. 305; 1979 c. 169; 1981 c. 291, 391; 1983 a. 447; 1985 a. 65, 182, 332; Sup. Ct. Order, 141 W (2d) xiii (1987); 1987 a. 399; 1989 a. 56, 278; 1991 a. 39; 1993 a. 486; 1995 a. 27 ss. 7294, 7295, 9126 (19); 1995 a. 77, 352.

990.01 Annotation Statutory construction requires that a law be construed so that no word or clause is surplusage. Johnson v. State, 76 W (2d) 672, 251 NW (2d) 834.

990.01 Annotation Applicable meaning of words in insurance policies should be determined by meaning given them by informed persons, not by "man in the street". Hochgurtel v. San Felippo, 78 W (2d) 70, 253 NW (2d) 526.

990.01 Annotation Word "relative" has peculiar meaning in the law and so is construed to mean "blood relative". In re Estate of Haese, 80 W (2d) 285, 259 NW (2d) 54.

990.01 Annotation Sub. (38) did not prevent delegation of authority to sign annexation petition on behalf of property owner. Town of Medary v. City of La Crosse, 88 W (2d) 101, 277 NW (2d) 310 (Ct. App. 1979).

990.01 Annotation Oaths, affirmations, notary publics and jurats discussed. 60 Atty. Gen. 429.

990.02 990.02  Construing statutes of 1898.

990.02(1) (1) All references to chapters or sections in the statutes of 1898 are to the chapters and sections of those statutes.

990.02(2) (2) If the provisions of different chapters of the statutes of 1898 conflict with or contravene each other the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.

990.02(3) (3) If conflicting provisions are found in different sections of the same chapter of the statutes of 1898 the provisions of the section which is last in numerical order shall prevail unless such construction is inconsistent with the meaning of such chapter.

990.02 History History: 1979 c. 89.

990.03 990.03  Effect of repeals.

990.03(1) (1) No law repealed by a subsequent act of the legislature is revived or affected by the repeal of such repealing act.

990.03(2) (2) The repeal of a curative or validating law does not impair or affect any cure or validation previously effected thereby.

990.03(3) (3) No section, subsection or paragraph of Wisconsin Statutes is repealed or affected by the repeal of any session law from which it was in whole or in part derived.

990.03(4) (4) The repeal, express or implied, of any law already repealed, expressly or by implication, does not constitute or supply a declaration or implication that such law was in force or was valid for any purpose at any time subsequent to such prior repeal.

990.04 990.04  Actions pending not defeated by repeal of statute. The repeal of a statute hereafter shall not remit, defeat or impair any civil or criminal liability for offenses committed, penalties or forfeitures incurred or rights of action accrued under such statute before the repeal thereof, whether or not in course of prosecution or action at the time of such repeal; but all such offenses, penalties, forfeitures and rights of action created by or founded on such statute, liability wherefore shall have been incurred before the time of such repeal thereof, shall be preserved and remain in force notwithstanding such repeal, unless specially and expressly remitted, abrogated or done away with by the repealing statute. And criminal prosecutions and actions at law or in equity founded upon such repealed statute, whether instituted before or after the repeal thereof, shall not be defeated or impaired by such repeal but shall, notwithstanding such repeal, proceed to judgment in the same manner and to the like purpose and effect as if the repealed statute continued in full force to the time of final judgment thereon, unless the offenses, penalties, forfeitures or rights of action on which such prosecutions or actions shall be founded shall be specially and expressly remitted, abrogated or done away with by such repealing statute.

990.04 Annotation This section also applies to statutes which are amended after the commission of an alleged criminal act although before trial. Truesdale v. State, 60 W (2d) 481, 210 NW (2d) 726.

990.04 Annotation See note to 973.013, citing State v. Hegwood, 113 W (2d) 544, 335 NW (2d) 399 (1983).

990.04 Annotation Absent legislative intent to the contrary, repeal of statute governing appeals of tax assessments did not affect taxpayer whose right to appeal under statute accrued prior to its repeal. Jackson County Iron Co. v. Musolf, 134 W (2d) 95, 396 NW (2d) 323 (1986).

990.04 Annotation Counties are liable for proportionate share of tax certified to them prior to repeal of 59.07 (21) by sec. 300m of ch. 90, laws of 1973. 63 Atty. Gen. 300.

990.06 990.06  Repeal or change of law limiting time for bringing actions. In any case when a limitation or period of time prescribed in any act which shall be repealed for the acquiring of any right, or barring of any remedy, or for any other purpose shall have begun to run before such repeal and the repealing act shall provide any limitation or period of time for such purpose, such latter limitation or period shall apply only to such rights or remedies as shall accrue subsequently to the time when the repealing act shall take effect, and the act repealed shall be held to continue in force and be operative to determine all such limitations and periods of time which shall have previously begun to run unless such repealing act shall otherwise expressly provide.

990.06 Annotation See note to 893.88, citing In re Paternity of DLT. 137 W (2d) 57, 403 NW (2d) 434 (1987).

990.06 Annotation Retroactivity of statutes of limitations discussed. Betthauser v. Medical Protective Co. 172 W (2d) 141, 493 NW (2d) 40 (1992).

990.06 Annotation "Repeal" in this section includes "amendment". Poquette v. Community State Bank, 631 F Supp. 1480 (1986).

990.07 990.07  Evidence. The Wisconsin statutes as prepared under s. 35.18 shall be prima facie evidence in all courts and proceedings as provided by s. 889.01; but they shall not preclude reference to, nor control, in case of any discrepancy, any original act of the legislature; and the certified volumes of the Laws of Wisconsin provided for by s. 35.15 shall also and in the same degree be prima facie evidence in all courts and proceedings.

990.07 History History: 1981 c. 372 s. 8; Stats. 1981 s. 990.08; 1983 a. 192 s. 287; Stats. 1983 s. 990.07; 1991 a. 39.

990.08 990.08  Citation of supreme court rules. When a supreme court rule is cited within the statutes, the reference shall be to the SCR number, such as "words and phrases specified in SCR 99.02".

990.08 History History: 1983 a. 192.