2001 Wisconsin Act 102

This bill, under s. 13.93 (1) (b), also renumbers ch. 777, currently titled "Actions By and Against Executors, Administrators, Heirs and Legatees," to ch. 877 to locate it within the probate code with all other statutes that relate directly to the administration of the estates of decedents.

Throughout the bill other revisions are made to modernize language and structure for the purpose of adding specific references, improving readability, and increasing conformity of the affected provisions with current style. The subdivision of long provisions and sentences into smaller numbered units is especially emphasized. In accordance with a change in drafting style, commas are added before the last item in a series. The term "which" is replaced with "that" where grammatically correct. Specific changes are explained in notes inserted by the Revisor throughout the bill.

No substantive change to any affected statute is intended to be made by this bill.

102,1 Section 1. 18.62 of the statutes is renumbered 18.62 (intro.) and amended to read:

18.62 Revenue obligations as legal investments. (intro.) Any other provision of law to the contrary notwithstanding, the any of the following may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any revenue obligations issued under this subchapter, which shall be authorized security for all public deposits:

(1) The state, the investment board, all public officers, municipal corporations, political subdivisions, and public bodies, all banks.

(2) Banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all executors, administrators.

(3) Personal representatives, guardians, trustees, and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any revenue obligations issued under this subchapter. Such revenue obligations shall be authorized security for all public deposits.

Note: Text is reordered to accommodate subdivision of this provision.

102,2 Section 2. 24.33 of the statutes is renumbered 24.33 (1) (intro.) and amended to read:

24.33 (1) (intro.) Whenever any land has been so forfeited and resold The board, within 3 months thereafter, upon proof after a resale under s. 24.32, may by a written recorded order, a copy of which shall be immediately served on the purchaser of the resold land, avoid and cancel the resale and restore and revive the certificate issued to the original purchaser of the land under s. 24.17, after all of the following occur:

(a) Proof is made that there are valuable improvements thereon and that such on the resold land.

(b) Proof is made that the forfeiture was occasioned by the death of the holder of the first certificate, or the neglect of that person's executor or administrator, and payment the first certificate holder's personal representative.

(c) Payment is made to the treasurer of in the amount actually due on such the first certificate at the time of such the resale, with interest, costs, and charges, and with interest on the amount for which such the land was sold at the rate of 10% per year, the board, by its order in writing, duly recorded, of which a copy shall be forthwith served on the last purchaser, may avoid and cancel such resale and restore and revive such first certificate. Thereafter there.

(2) Upon the surrender of the certificate, receipt, or patent given upon the resale, the purchaser of the resold land shall be paid out of the state treasury to the last purchaser the amount paid by the last purchaser and at resale, together with the said interest thereon collected of such from the person so redeeming, on surrender of the certificate, receipt or patent given the last purchaser at such resale the land.

Note: Subdivides provision, reorders text, and inserts cross-references and more specific language for improved readability and conformity with current style.

102,3 Section 3. 30.35 (7) (d) of the statutes is amended to read:

30.35 (7) (d) Administrators, executors Personal representatives, guardians, trustees, and other fiduciaries.

102,4 Section 4. 30.541 (3) (d) 1. a. and b. of the statutes are amended to read:

30.541 (3) (d) 1. a. Evidence satisfactory to the department of the appointment of a trustee in bankruptcy or of the issuance of the letters of administration, letters testamentary or other letters authorizing the administration of a decedent's estate, letters of guardianship, or letters of trust or appointment of a trustee in bankruptcy.

b. Title executed by the administrator, executor personal representative, guardian, or trustee.

102,5 Section 5. 36.29 (2) of the statutes is amended to read:

36.29 (2) All gifts, grants, or bequests under sub. (1) may be made to the board, the president, a chancellor, or any officer, or to any person as trustee, or may be charged upon any executor personal representative, trustee, heir, devisee, or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the system or any of its institutions, colleges, schools, departments, or facilities to provide any means of instruction, illustration, or knowledge in connection therewith, or for the benefit of any students or any class or group of students whether by way of scholarship, fellowship, or otherwise, or whether for the benefit of students or any class or group of students in any course, subcourse, special course, postgraduate course, summer school or teachers course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium or any other like division or department of study, experiment, research, observation, travel, or mental or physical improvement in any manner connected with the system, or to provide for the voluntary retirement of any of the faculty.

102,6 Section 6. 39.32 (6) of the statutes is amended to read:

39.32 (6) The board shall satisfy the loan of any student who obtained a loan under this section or under s. 39.023, 1965 stats., between July 1, 1966, and December 15, 1968, where such if the student died or dies after July 1, 1966, and before completing repayment thereof of the loan, and shall write off the balance of principal and interest owing on the loan on the date it that the board received confirmation of such the student's death. Obligation to repay such a loan shall terminate on the date of the student's death and any payments made thereon on the loan to the board after such the date of the student's death shall be refunded to the payor or the payor's heirs, executor or administrator personal representative upon receipt by the board of an application for refund.

102,7 Section 7. 45.37 (10) (d) of the statutes is amended to read:

45.37 (10) (d) A person who at the time of death is a member of the home is a resident of Waupaca County for the probate of the person's will and, issuance of letters testamentary or other letters authorizing the administration of the decedent's estate, and the administration of the estate.

102,8 Section 8. 59.35 (2) of the statutes is amended to read:

59.35 (2) The coroner shall be responsible for every default or misconduct in office of a deputy coroner during the coroner's term of office, and after the coroner's death, resignation, or removal from office of the coroner, as well as before; and an. An action for any such default or misconduct under this subsection may be prosecuted against the coroner and the sureties on the coroner's official bond or against the executors and administrators of the coroner coroner's personal representative.

102,9 Section 9. 66.0823 (13) of the statutes is renumbered 66.0823 (13) (a) (intro.) and amended to read:

66.0823 (13) (a) (intro.) Public officers and agencies of the state, political subdivisions, insurance companies, trust companies, banks, savings banks, savings and loan associations, investment companies, personal representatives, executors, administrators, trustees and other fiduciaries Any of the following may properly and legally invest funds, including capital in their control or belonging to them, in bonds of the authority.:

(b) The authority's bonds are securities that may properly and legally be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligation obligations of the state or any political subdivision is authorized by law.

Note: Subdivides long provision for improved readability and conformity with current style. See the next section of this bill.

102,10 Section 10. 66.0823 (13) (a) 1. to 11. of the statutes are created to read:

66.0823 (13) (a) 1. Public officers and agencies of the state.

2. Political subdivisions.

3. Insurance companies.

4. Trust companies.

5. Banks.

6. Savings banks.

7. Savings and loan associations.

8. Investment companies.

9. Personal representatives.

10. Trustees.

11. Other fiduciaries not listed in this paragraph.

Note: See the previous section of this bill.

102,11 Section 11. 66.0825 (15) of the statutes is renumbered 66.0825 (15) (a) (intro.) and amended to read:

66.0825 (15) (a) (intro.) All public officers and agencies and political subdivisions of the state and all insurance companies, trust companies, banks, savings banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries Any of the following may invest funds, including capital in their control or belonging to them, in bonds issued by a company under this section.:

(b) The bonds described in par. (a) may be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligation obligations of the state or any political subdivision is authorized by law.

Note: See the next section of this bill.

102,12 Section 12. 66.0825 (15) (a) 1. to 10. of the statutes are created to read:

66.0825 (15) (a) 1. Public officers and agencies and political subdivisions of the state.

2. Insurance companies.

3. Trust companies.

4. Banks.

5. Savings banks.

6. Savings and loan associations.

7. Investment companies.

8. Personal representatives.

9. Trustees.

10. Other fiduciaries not listed in this paragraph.

Note: See the previous section of this bill.

102,13 Section 13. 66.1309 (intro.) of the statutes is renumbered 66.1309 (2) (intro.) and amended to read:

66.1309 (2) (intro.) Notwithstanding any other law or the absence of direct provision for transfer of land in the instrument under which a fiduciary is acting, every executor, administrator, trustee, guardian or other person, holding trust funds or acting in a fiduciary capacity fiduciary, unless the instrument under which the fiduciary is acting expressly forbids, the state, its subdivisions, cities, all other public bodies, all public officers, corporations organized under or subject to the provisions of the banking law, the division of banking as conservator, liquidator or rehabilitator of any person, partnership or corporation, persons, partnerships and corporations organized under or subject to the provisions of the banking law, the commissioner of insurance as conservator, liquidator or rehabilitator of any person, partnership or corporation, any of which and every governmental unit, bank, or conservator that owns or holds any real property within a development area, may do all of the following:

Note: Subdivides long provision by moving text to separate definitions for improved readability and conformity with current style. See the next section of this bill.

102,14 Section 14. 66.1309 (1) of the statutes is created to read:

66.1309 (1) In this section:

(a) "Bank" means a corporation organized under or subject to the provisions of the banking law.

(b) "Conservator" means any of the following:

1. The division of banking as conservator, liquidator, or rehabilitator of any person, partnership, or corporation, and persons, partnerships, and corporations organized under or subject to the provisions of the banking law.

2. The commissioner of insurance as conservator, liquidator, or rehabilitator of any person, partnership, or corporation.

(c) "Fiduciary" means a personal representative, trustee, guardian, or other person holding trust funds or acting in a fiduciary capacity.

(d) "Governmental unit" means the state, its subdivisions, cities, all other public bodies, and all public officers.

102,15 Section 15. 66.1317 (2) (a) 1. of the statutes is amended to read:

66.1317 (2) (a) 1. Every executor, administrator personal representative, trustee, guardian, committee, or other person or corporation holding trust funds or acting in a fiduciary capacity.

102,16 Section 16. 70.19 (1) of the statutes is amended to read:

70.19 (1) When personal property shall be is assessed under s. 70.18 (1) to some a person in charge or possession thereof of the personal property other than the owner or person beneficially entitled thereto as hereinbefore provided, the assessment thereof of that personal property shall be entered upon the assessment roll separately from the same person's assessment of the that person's own personal property, adding to the person's name upon such the tax roll words briefly indicating that such the assessment is made to the person as the person in charge or possession thereof as occupant or possessor of the premises on which such property is stored or piled or as the spouse, agent, lessee, occupant, mortgagee, pledgee, executor, administrator, trustee, assignee, receiver or other representative of the owner or person beneficially entitled thereto; but a of the property. The failure to enter such the assessment separately or to indicate the representative capacity or other relationship of the person assessed shall not affect the validity of the assessment.

Note: See the note following the next section of this bill.

102,17 Section 17. 70.19 (2) of the statutes is amended to read:

70.19 (2) The person so assessed under sub. (1) and s. 70.18 (1) is personally liable for the tax on the property. The person assessed under sub. (1) and s. 70.18 (1) has a personal right of action against the owner or person beneficially entitled to of the property for the amount of the taxes and; has a lien for that amount upon the property with the rights and remedies for the preservation and enforcement of that lien as provided in ss. 779.45 and 779.48,; and is entitled to retain possession of the property until the owner or person beneficially entitled to of the property pays the tax on the property or reimburses the person assessed for the tax if paid by that person. The lien and right of possession relate back and exist from the time when that the assessment is made, but may be released and discharged by giving to the person assessed such undertaking or other indemnity as the person accepts or by giving the person assessed a bond in the amount and with the sureties as is directed and approved by the circuit judge court of the county in which the property is assessed, upon 8 days' notice to the person assessed. The bond shall be conditioned to hold and keep the person against whom the assessment is made assessed free and harmless from any and all costs, expense, liability or damage by reason of the assessment.

Note: Conforms provision to s. 70.18, which provides for the assessment of personal property to a person other than the owner. Prior to enactment of ch. 366 of the laws of 1959, ss. 70.18 and 70.19 referred to "owner or person beneficially interested" and the capacity of persons who might hold property for a person beneficially interested. The references to persons beneficially interested and the capacity of the persons holding the property were deleted from s. 70.18 by ch. 366 of the laws of 1959, but not from s. 70.19. As s. 70.19 relates to assessments under s. 70.18 and as s. 70.18, as affected by ch. 366 of the laws of 1959, applies to persons possessing personal property of others regardless of capacity, the references to persons beneficially interested and the capacity of persons holding property for those persons in s. 70.19 are unnecessary after their deletion from s. 70.18.

102,18 Section 18. 70.21 (title) of the statutes is amended to read:

70.21 (title) Partnership; estates in hands of executor personal representative; personal property, how assessed.

102,19 Section 19. 70.21 (1) of the statutes is amended to read:

70.21 (1) Except as provided in sub. (2), the personal property of a partnership may be assessed in the names of the persons composing such the partnership, so far as known or in the firm name or title under which the partnership business is conducted, and each partner shall be liable for the taxes levied thereon on the partnership's personal property.

(1m) Undistributed personal property belonging to the estate of a person deceased decedent shall be assessed to the executor or administrator if one shall have as follows:

(a) If a personal representative has been appointed and qualified, on the first day of January in the year in which the assessment is made, otherwise it the property shall be assessed to the personal representative.

(b) If a personal representative has not been appointed and qualified, on the first day of January in the year in which the assessment is made, the property may be assessed to the decedent's estate of such deceased person, and the. The tax thereon on the property shall be paid by the executor or administrator personal representative if one be thereafter is subsequently appointed, otherwise or by the person or persons in possession of such the property at the time of the assessment if a personal representative is not appointed.

Note: Subdivides provision, reorders text, and inserts specific references to improve readability and conformity with current style.