2005 Wisconsin Act 149

149,69 Section 69. 16.8511 (title) of the statutes is created to read:

16.8511 (title) Secretary of administration; powers, duties.

Note: See the previous section of this bill.

149,70 Section 70. 16.854 (3) of the statutes is amended to read:

16.854 (3) It shall be a goal of the department, with regard to each of the contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses. Sections 16.85, 16.8511, 16.855, and 16.87 do not apply to services provided or contracted by the department under this section.

Note: Section 16.85 (8) and (11) are renumbered 16.8511 (1) and (2) by this bill.

149,71 Section 71. 21.75 (9) of the statutes is amended to read:

21.75 (9) Statutes of limitations. The period of active state service may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against a person in active state service or by or against his or her heirs, executors, administrators personal representatives, or assigns, whether the cause of action or proceeding or the right to bring the action or proceeding accrued before or during the period of active state service.

Note: Replaces "executors" and "administrators" consistent with 2001 Wis. Act 102.

149,72 Section 72. 23.25 (1) of the statutes is amended to read:

23.25 (1) The department shall do all of the following:

(a) Determine the correct and most appropriate names of the lakes, streams, places, and other geographic features in the state, and the spelling thereof; of those names.

(b) Pass upon and give names to lakes, streams, places, and other geographic features in the state for which no single generally accepted name has been in use;.

(c) In cooperation with county boards and with their approval, change the names of lakes, streams, places, and other geographic features with the end in view of eliminating in order to eliminate, as far as possible, duplication of names within the state;.

(d) Prepare and publish an official state dictionary of geographic names and publish the same dictionary, either as a completed whole, or in parts, when ready;.

(e) Serve as the state representative of the U.S. geographic board and cooperate with the said U.S. geographic board to the end so that there shall be no conflict between the state and federal designations of geographic features in the state.

Note: Corrects punctuation and replaces disfavored terminology for improved readability and conformity with current style.

149,73 Section 73. 24.05 of the statutes is amended to read:

24.05 Survey of lands. Whenever it shall appear appears necessary to the board necessary that surveys should be made in order to ascertain the true boundaries of any tract or portion of the public lands, or to enable it the board to describe and dispose of the same any tract or portion of the public lands in suitable and convenient lots, it the board may cause all such necessary surveys to be made.

Note: Conforms verb to current style and inserts specific references.

149,74 Section 74. 24.06 of the statutes is amended to read:

24.06 Plat of lands. The board may subdivide any parcel of public lands into smaller parcels or village lots, with streets and alleys if necessary, whenever it believes a larger net price can be obtained by selling the land in such smaller parcels or lots. A survey and plat of such the subdivision, verified by its maker as true and correct, shall be returned and recorded in the office of the board, and the parcels or lots designated thereon on the survey and plat shall be appraised before they the parcels or lots are offered for sale. Such The subdivision shall be ordered, the proceedings therefor for the subdivision governed, and such the appraisal made in substantial accord compliance with s. 24.08.

Note: Replaces disfavored terms and inserts specific references.

149,75 Section 75. 24.09 (1) (b) of the statutes is amended to read:

24.09 (1) (b) Lands required for federal, state, county, city, village, town, or school district use may be sold at the appraised value to, or exchanged for land of approximately equivalent value with, the federal government, other state departments, boards or commissions, counties, cities, villages, towns, or school districts.

Note: Inserts commas for improved readability.

149,76 Section 76. 24.11 (2) of the statutes is amended to read:

24.11 (2) Purchaser to pay taxes. The board shall insert in every contract or certificate of sale of public land a clause providing that the vendee, and the vendee's heirs, administrators personal representatives, or assigns shall pay or cause to be paid all taxes that are or that may be assessed against the land from and after the date of the said contract or certificate of sale.

Note: Replaces "administrators" in accordance with 2001 Wis. Act 102. Deletes "and after" as redundant.

149,77 Section 77. 24.11 (4) of the statutes is amended to read:

24.11 (4) Special terms for escheated lands. Upon the sale of any escheated lands the entire purchase price shall be paid at the time of the sale; whereupon the. The board shall then execute and deliver to the purchaser a quitclaim deed of conveyance which shall vest that vests in the grantee all the right, title, and interest of the state in or to the land, and every right of action which that the state has respecting the same; but no land. No covenant or warranty of title, or of continued enjoyment, or against encumbrances, shall be expressed in or implied from such the quitclaim deed or any words therein in the quitclaim deed. If by virtue of a better title a recovery of such land be had by, any other person or party recovers the land within 20 years after such a purchase under this subsection, the state shall refund to the purchaser, or to the purchaser's assigns or legal representatives, the amount paid by the purchaser for the land, together with interest thereon on the amount paid by the purchaser at the rate of 6% per year from the date of the purchase until the date of recovery, and also the amount of all taxes on the land actually paid by the purchaser with like interest on each payment from the time of payment to the date of the recovery.

Note: Divides long sentence, replaces the passive voice with the active, and inserts specific references for improved readability and conformity with current style.

149,78 Section 78. 24.12 of the statutes is amended to read:

24.12 Forfeit for failure to pay. Every purchaser of any lot or tract at any sale as aforesaid under s. 24.11 shall pay the amount of the purchase money required by the terms of sale to be paid in hand immediately after having bid off the same; and if as provided in s. 24.11 (1). If the purchaser shall refuse or neglect refuses or neglects to so pay, the lot or tract so bid off by the purchaser shall again be offered for sale; and the. The purchaser shall, for such refusal or neglect refusing or neglecting to pay, forfeit $25 for each lot or tract so bid off by the purchaser, which the board shall, in the name of the state, cause to be immediately sued for and collected, and, when collected , paid into the school fund.

Note: Divides long sentence, inserts specific references, and replaces the passive voice with the active.

149,79 Section 79. 24.14 of the statutes is renumbered 24.14 (1) and amended to read:

24.14 (1) Any person who has purchased from the United States or entered any of the In this section, "subject lands" means lands patented to this state as swamp and overflowed lands, or lands patented in lieu of such swamp and overflowed lands,.

(2) Any person who has purchased from the United States or entered any subject lands prior to the execution of such Unites States patents to this state for the subject lands, may whenever such those entries have been canceled by the United States on account of a conflict with the right and title of this state to such the subject lands, purchase the subject lands from this state, prior to the date fixed for the public sale thereof, such lands so purchased or entered from the United States of the subject lands, upon making satisfactory proof to the board that such the person is the identical person, or the heir, legal representative, or assign of the person, who purchased or entered such the subject lands as aforesaid provided in this subsection, and upon paying to this state for such the subject lands the same price at which such the purchase or entries were made from the United States; but nothing. Nothing contained in this chapter shall impair impairs the rights acquired by any person who has preempted any such subject lands under the laws of this state.

Note: Subdivides section, inserts definition, replaces disfavored terms, and deletes unnecessary verbiage.

149,80 Section 80. 24.145 of the statutes is renumbered 24.145 (1) and amended to read:

24.145 (1) It is declared that none of the swamp and overflowed lands heretofore granted to this state pursuant to an act of congress entitled "An Act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits", approved September 28, 1850, and the proceeds derived from the sale thereof, of those lands which that have not heretofore been actually applied for reclamation of such those lands, are necessary for the purpose of reclaiming any such swamp and overflowed lands by construction of levees and drains or otherwise.

(2) All such swamp and overflowed lands described in sub. (1) and the proceeds derived from the sale thereof of those lands including those placed and being in the drainage fund pursuant to chapter 537, laws of 1865, which that have not been actually applied for the purpose of reclaiming such those lands, shall be and they are made a part of the normal school fund. This section shall be controlling controls over any inconsistent act or statute.

Note: Subdivides section, replaces disfavored terms, and deletes unnecessary verbiage.

149,81 Section 81. 24.15 of the statutes is amended to read:

24.15 Private sale. All public lands, including forfeited lands and mortgaged lands bid in by the state, which shall have once been offered or reoffered at public sale and remain unsold, shall be subject to private sale at the minimum price fixed therefor for the sale of the land by law to the person first making application therefor for the purchase of the lands, if the person forthwith immediately complies with the term of sale; but if. If 2 or more persons shall apply at the same time to purchase any of such the same lands under this section, the same lands shall be offered to the highest bidder, and the applicant who will pay the highest price shall be the purchaser.

Note: Replaces disfavored terminology with specific references.

149,82 Section 82. 24.16 of the statutes is renumbered 24.16 (intro.) and amended to read:

24.16 Applications for private sale. (intro.) Every person making application under s. 24.15 for the purchase at private sale of any such public lands shall file in the office of the board an application in writing, describing the lot or tract which that the person proposes to purchase by the proper number of the section, township and range, and the subdivision of the section, with the person's name subscribed thereto to the application. The board shall, if the land applied for may then be sold, enter do all of the following:

(1) Enter on books kept for that purpose a note of such the application, specifying the day when made, the name of the applicant, and the description of the land applied for, and shall also give.

(2) Give to such the applicant a memorandum signed by the executive secretary of the board, stating such the application and, describing the lot or tract applied for, and stating the price at which the same lot or tract may be sold and the amount to be paid at the time of the sale, which memorandum shall be signed by the executive secretary of the board.

Note: Subdivides provision, reorders text, and replaces disfavored terminology with specific references.

149,83 Section 83. 24.17 (1) of the statutes is amended to read:

24.17 (1) When the purchaser of any such public lands shall make makes payment to the secretary of administration of the amount required to be paid on such the sale, and, in case of a private sale, shall also produce produces the memorandum mentioned described in s. 24.16, the secretary of administration shall give a receipt therefor to such the purchaser for the amount paid, and, unless such the sale be made is wholly for cash, the board shall execute and deliver to such person the purchaser a duplicate certificate of sale, in which it the board shall certify all of the following:

(a) The description of the land sold;.

(b) The sum paid and the amount remaining due thereon;.

(c) The times, place, and terms of payments;.

(d) That if such the payments shall be duly are made in accordance with the terms stated in the certificate of sale, the purchaser, or the purchaser's assigns or other legal representatives, shall be entitled to a patent for such the land;.

(e) And that That in case of the nonpayment into the state treasury of any of the following, the certificate of sale from the time of the nonpayment shall be void and the board may take possession of and resell the land described in the certificate:

1. The purchase money as it shall become becomes due, or of the.

2. The interest thereon on the purchase money by the first day of February in each year or on or before the next following June 30th thereafter, or of any.

3. Any taxes lawfully assessed thereon on the lands described in the certificate and then remaining unpaid by the purchaser or purchasers or by any person claiming under the purchaser or purchasers, then that the said certificate from the time of such failure shall be utterly void and of no effect, and that the board may take possession of the land described in such certificate and resell the same.

Note: Conforms punctuation to current style, deletes unnecessary verbiage, inserts preferred verb form, inserts specific reference, places a list in outline form, and reorders text for more logical placement.

149,84 Section 84. 24.17 (2) of the statutes is amended to read:

24.17 (2) When the sale of public lands under sub. (1) is wholly for cash, upon payment as above provided of the full purchase price to the secretary of administration, the secretary of administration shall thereupon immediately give to such the purchaser a receipt stating the amount paid and, giving a description of the lot or tract of land sold, and stating that such the purchaser is entitled to receive a patent according to law.

Note: Inserts specific reference, corrects punctuation, and deletes unnecessary verbiage.

149,85 Section 85. 24.18 of the statutes is amended to read:

24.18 Entry of sale and patent. When any sale of public lands is made, the board shall make a note thereof of the sale in the book of entries, and shall enter therein, entering the day of sale, the name of the purchaser, the number of the certificate or patent, the sum paid, the amount of purchase money unpaid, if any, and a description of the lot or tract sold. If such the sale be made is wholly for cash it, the board shall thereupon immediately execute and deliver to the purchaser a patent for such the lot or tract of land so sold. If the land is sold at public auction it, the board shall note that fact.

Note: Inserts specific reference, corrects punctuation, and replaces disfavored terminology.

149,86 Section 86. 24.19 of the statutes is amended to read:

24.19 Certificate of sale. All original and duplicate certificates of sale issued under s. 24.17 shall be properly numbered, and the original shall be filed in the office of the board, and as. As many distinct lots or tracts of land hereafter purchased by one person in one section at the same time as that person shall request requests shall be included in one certificate or one patent, as the case may be. All certificates Certificates of sale may be acknowledged and recorded in the same manner that as deeds may be. They. Certificates of sale may also be assigned in writing, which. The assignment may be acknowledged and recorded in like the same manner as deeds, and the person to whom the same shall be legally assigned assignee shall have the same rights and remedies thereupon under the certificate as the original purchaser would have had.

Note: Inserts specific reference, corrects punctuation, and deletes unnecessary verbiage.

149,87 Section 87. 24.20 of the statutes is amended to read:

24.20 Payments and accounts. All money paid on account of sales of public lands shall be paid to the secretary of administration who shall credit the proper fund therewith with the amount paid, crediting the general fund with the proceeds of sales of Marathon County lands, and the. The secretary of administration or the secretary's designee, upon countersigning the receipt given therefor for the amount paid, shall enter the name of the person paying the same making the payment, the number of the certificate, if any, upon which the amount shall be paid, and the time of the payment.

Note: Divides long sentence, inserts specific references, corrects punctuation, and deletes unnecessary verbiage.

149,88 Section 88. 24.21 of the statutes is amended to read:

24.21 Accounts with purchasers. The board shall open and keep an account with each purchaser for every lot or tract of land that shall be is sold, either at public or private sale, in books kept for that purpose, in which it the board shall charge the purchaser with the whole purchase money and give the purchaser credit for all the purchaser's payments, making proper charges for interest as the same shall become it becomes due, and for all taxes returned to it as unpaid by the proper officer; and upon . Upon all payments being completed and the patent issued the account shall be balanced.

Note: Divides long sentence and inserts specific references.

149,89 Section 89. 24.22 of the statutes is renumbered 24.22 (1) and amended to read:

24.22 (1) Whenever full payment of the principal due upon any certificate of sale by the state shall be is made subsequent to the payment of the annual interest thereon on the principal, the excess of the interest so paid shall be refunded to the person entitled thereto to the excess payment, from the proper fund, on the warrant of the department of administration; and in case.

(2) In the event of the double or erroneous payment of interest, charges, or taxes on any certificate of sale or loan by the state, the amount so erroneously paid shall be in like manner refunded in the same manner as excess interest payments under sub. (1).

Note: Divides long sentence, and inserts specific references.

149,90 Section 90. 24.23 of the statutes is amended to read:

24.23 Title; patents. The title and fee of all public lands shall remain in the state until patents shall issue for the same; and no such for the land are issued. No patent shall issue be issued except upon full payment of the purchase money and interest and all taxes returned and lawful charges thereon on the lands being purchased.

Note: Divides long sentence and inserts specific references.

149,91 Section 91. 24.24 of the statutes is amended to read:

24.24 Effect of certificate. (1) The Except when voided by forfeiture under s. 24.28, a certificate of sale, issued pursuant to under s. 24.17 , until the same becomes void by forfeiture under s. 24.28, shall entitle entitles the purchaser, or the purchaser's heirs or assigns, to all the rents, benefits, and provisions of any lease existing thereon on the lands described in the certificate at the time of such the land purchase and thereafter accruing, and shall be after the purchase. The certificate of sale is sufficient evidence of title, and shall vest vests in the purchaser, or the purchaser's heirs and assigns, the same rights of possession, enjoyment, descent, transmission, and alienation of the lands therein described, in the certificate and the same remedies for the protection of said those rights, as against all persons , except the state, that the purchaser would possess if the purchaser were the owner thereof in fee of the described lands.

(2) No such Notwithstanding sub. (1), a certificate shall of sale does not confer the right to cut down, destroy or, dig up, or carry off any standing wood or timber, or any mineral, located on the lands described in the certificate without the written consent of said the board, except that such wood as follows:

(a) Wood or timber may be cut when to be used, and it shall is to be exclusively used , in the erection of fences or buildings on such the described lands, or.

(b) Wood or timber may be cut for necessary firewood for the household use of the persons actually occupying the same, or the described lands.