SB365,48,21
19(2) In the event of a forfeiture of lands under sub. (1), the board may take
20immediate possession
thereof and may of and resell
the same the forfeited lands as
21hereinafter provided
under ss. 24.29 to 24.33.
Note: Subdivides provision, reorganizes text, deletes excess verbiage, and inserts
specific references. "Board" is defined in s. 24.01 as the board of commissioners of public
lands. Language stricken in the new sub. (1) (c) is moved to a new s. 24.28 (1) (intro.) by
the next section of this bill for more logical placement.
SB365, s. 97
22Section
97. 24.28 (1) (intro.) of the statutes is created to read:
SB365,49,4
124.28
(1) (intro.) A certificate of sale issued under s. 24.17 becomes void upon
2the occurrence of any of the following, and the purchaser of the lands described in
3the certificate, or the purchaser's heirs and assigns, shall forfeit all right and interest
4in the lands:
Note: See the previous section of this bill.
SB365, s. 98
5Section
98. 24.29 of the statutes is amended to read:
SB365,49,14
624.29 Redemption. At any time before the 5 days next preceding the
7reoffering
of such land at public sale
of any land forfeited under s. 24.28, the former
8purchaser
, or the former purchaser's assigns or legal representatives
, may
, prevent
9the resale of the forfeited lands and revive the original contract by
the payment of 10paying the
principal sum due
, with interest, and all taxes returned
thereon
on the
11forfeited lands to the secretary of administration
which that are still unpaid, and all
12costs occasioned by the delay, together with
3% 3 percent damages on the whole sum
13owing for
such land, prevent such resale and revive the original contract the forfeited
14lands.
Note: Reorganizes text, deletes excess verbiage, inserts specific references, and
conforms the expression of "percent" to current style.
SB365, s. 99
15Section
99. 24.30 of the statutes is amended to read:
SB365,49,21
1624.30 Liability of former purchaser. In case of
such a forfeiture
of lands
17under s. 24.28, the former purchaser of
such land
the forfeited lands shall be liable
18for any waste or unnecessary injury
which that the former purchaser may have done
19to the
same, forfeited lands or to the timber or
mineral thereon; and any minerals
20located upon the forfeited lands. An action
therefor for waste or unnecessary injury
21under this section may be prosecuted by the board in the name of the state.
Note: Divides long sentence and inserts specific references.
SB365, s. 100
22Section
100. 24.31 of the statutes is amended to read:
SB365,50,14
124.31 Advertisement and resale of forfeited lands. Whenever any public
2lands have been forfeited
under s. 24.28 for the nonpayment of
either principal,
3interest
, or taxes, and
the lands have remained forfeited for 3 months, the board shall
4first cause
such the forfeited lands to be appraised as provided
by under s. 24.08
and
5shall thereupon. Upon completion of the appraisal, the board shall advertise
such 6the forfeited land for sale as provided
by under s. 24.09
, and shall
further state in the
7notice that the lands have been forfeited and give the names of the former
8purchasers.
Such The sale
of the forfeited lands shall be made either in the county
9where the lands lie or at the capitol on a day not less than 3 months nor more than
106 months after the first insertion of the notice. The board shall publish a class 3
11notice, under ch. 985, of the sale giving the time and place where
such the sale will
12be held and the county in which
such the lands
being sold are situated, but omitting
13any description of
such the lands
; the. The last insertion of the notice shall be at least
14one week
previous prior to the time
of commencing such the sale
is to commence.
Note: Divides long sentence, replaces the passive voice with the active, and inserts
specific references.
SB365, s. 101
15Section
101. 24.32 of the statutes is amended to read:
SB365,50,20
1624.32 Resale and redemption. (1) Unless
such the resale
be of lands
17forfeited under s. 24.28 is prevented by payment
as hereinbefore provided by under 18s. 24.29,
such the forfeited lands shall be offered for sale at public auction to the
19highest bidder
, in the manner and upon the terms provided
, for original sales
, and
, 20if
the lands are not then sold
, the lands shall be subject to private entry
thereafter.
SB365,51,2
21(2) (a) Every
such tract
of forfeited lands may be redeemed by the former
22purchaser
thereof,
or the former purchaser's assigns or legal representatives
, at any
1time before the June 30th next following the date of
such the resale
, upon presenting 2of the forfeited tract, by doing all of the following:
SB365,51,7
31. Presenting to the board satisfactory proof, which shall be filed and preserved
4by
it the board, that
such the tract was, at the time of
the resale, in whole or in part
5under cultivation or adjoining a tract partly cultivated, belonging to the former
6purchaser,
or the former purchaser's assigns or legal representatives
, and used in
7connection
therewith, and upon depositing with the adjoining tract.
SB365,51,11
82. Depositing with the secretary of administration, for the use of the purchaser
9at
such the resale
of the forfeited tract the amount paid by the
the resale purchaser
10for
such land the tract, together with 25% of the amount of
such the taxes, interest,
11and costs
, in addition
thereto; and every to the purchase price.
SB365,51,16
12(b) Every certificate
of sale issued upon any
such resale
of forfeited lands shall
13be subject to the right of redemption
under par. (a) whether
it be or not the right of
14redemption is expressed in
such the certificate
or not. And no. No patent shall be
15issued on any
such resale
of a forfeited tract until the expiration of
such the 16redemption period
under par. (a).
SB365,51,18
17(3) Upon
such a redemption
under sub. (2), the board shall
cancel such do all
18of the following:
SB365,51,19
19(a) Cancel the certificate
, and shall make of sale issued to the resale purchaser.
SB365,51,21
20(b) Make and deliver to the party
so redeeming
the forfeited lands a certificate
21thereof, and shall also record the same of the redemption.
SB365,51,23
22(c) Record the certificate of the redemption in a book
to be kept in
its the board's 23office for that purpose.
Note: Subdivides long provisions and inserts specific references.
SB365, s. 102
24Section
102. 24.34 of the statutes is amended to read:
SB365,52,17
124.34 Void sales. In
case of the event that the sale of any public lands
are made
2by mistake
, or not in accordance with law, or
are obtained by fraud,
and in cases
3where or in the event that the state had no title to
such the lands
sold, or
its the state's 4title has failed,
such the sale
of the lands shall be void and no contract, certificate of
5purchase
, or patent issued
thereon
on the lands sold shall be of any effect, but the
6person named as vendee, or that person's successor in interest,
as the case may be, 7may furnish to the board
such any proof
as shall that will satisfy
it the board of the
8facts.
Thereupon it Except as provided in s. 24.341, upon receipt of satisfactory proof
9of the facts asserted by the vendee, the board shall order all amounts, either of
10principal or interest, paid for the lands described in the contract, certificate
, or
11patent, together with the interest
thereon on the amounts so paid from the time of
12each such payment, at the rate of
6% 6 percent per year, simple interest, to be
13refunded and paid out of the state treasury, from the fund to which it has been
14credited, to the person entitled
thereto; provided that to the refund.
15Notwithstanding anything contained in this section, no money shall be paid to any
16person participating in any
such fraud
in obtaining the land, as provided in this
17section.
Note: Divides long sentence, inserts specific references, and conforms the
expression of "percent" to current style.
SB365, s. 103
18Section
103. 24.341 of the statutes is amended to read:
SB365,53,5
1924.341 Offset to refund on void sales. Whenever any claim
shall be is made
20for a refund on a void land sale under s. 24.34, the board
of commissioners of public
21lands shall make an investigation and determination, and offset the value of the use
22of
said the land, property removed
therefrom from the land, and
the damage or injury
23thereto to the land by
such the claimant, together with interest thereon, against the
1amounts actually paid to the state and to any other persons on account of the
2purchase, possession, use, damage
, or injury to
such the lands by
said the claimants.
3The refund or payment to be made under s. 24.34 shall in no case be more than the
4excess, if any, of the amounts paid out by
such the claimant
, with interest
, over
such 5the offset
determined under this section.
Note: Inserts specific references. "Board" is defined in s. 24.01 as the board of
commissioners of public lands.
SB365, s. 104
6Section
104. 24.35 of the statutes is amended to read:
SB365,53,19
724.35 Annulment of certificates and patents. Whenever the board
shall
8have has erroneously or improperly issued any certificate or patent for any public
9lands
, whereby wrong or injustice has been or may be done, including cases
where 10in which the state had no title to the lands, or its title has failed,
it the board may,
11upon the written application of the purchaser, or the purchaser's successor in
12interest
, revoke and annul
such
the certificate or patent by its order, which
, with
such 13the application, shall be filed and recorded in
its the board's office. A certified copy
14of
such the board's order may be recorded in the office of the register of deeds for the
15county where
such the lands lie, and
thereupon such upon the recording of the order,
16the certificate or patent shall be
absolutely null and void. When
such the board's 17order is so recorded there shall be paid out of the state treasury, from the fund to
18which it has been credited, to the purchaser, or the purchaser's successor in interest
, 19the amounts in the manner and as provided in s. 24.34.
Note: Inserts specific references.
SB365, s. 105
20Section
105. 24.355 of the statutes is amended to read:
SB365,54,2
2124.355 Limitation of actions. All claims under s. 24.34 or 24.35 shall
become 22be barred, unless application
therefor be for a payment refund is made within 5 years
1from the time of
such the payment, or, in cases
where in which the state never had
2title, from the time when the invalidity of the title of the state was established.
Note: Inserts specific references.
SB365, s. 106
3Section
106. 24.36 of the statutes is amended to read:
SB365,54,13
424.36 Lost certificates and patents. Whenever any duplicate certificate of
5sale
shall have has been lost or destroyed before the patent
shall issue has been
6issued, or whenever any patent
shall have has been lost or destroyed
, the board, upon
7satisfactory proof of the fact
, established by affidavit
to be filed with
it the board, may
8issue a certified copy of the original certificate of sale or of the record in
its the board's 9office of
such the patent, or a quitclaim deed in place of
such the missing patent, to
10the person entitled
thereto to the copy of the certificate or record of the patent, or
11quitclaim deed, which shall have the same force and effect as the original duplicate
12certificate or patent.
Its The board's certificate to
such the copy and quitclaim deed
13shall recite the loss or destruction of the original.
Note: Inserts specific references.
SB365, s. 107
14Section
107. 24.37 of the statutes is amended to read:
SB365,54,21
1524.37 Ejectment. If any person
shall hold holds or
continue continues in
16possession of any public lands without written permission from the board, or
17contrary to the conditions or covenants of any lease or written agreement, or after
18such the lands have been forfeited to the state, that person shall be liable to an action
19by the state or any purchaser from the state for an unlawful detainer or other proper
20action to recover possession of
such the lands
with and for damages for the detention
21of the
same the lands.
Note: Inserts specific references.
SB365, s. 108
22Section
108. 24.38 of the statutes is amended to read:
SB365,55,4
124.38 Boundaries. The lines, boundaries
, and descriptions of the swamp
2lands as exhibited by the plats and field notes of the United States survey are
3adopted and
shall be deemed conclusively to be the true lines, boundaries
, and
4descriptions
thereof of those swamp lands.
Note: Inserts specific references.
SB365, s. 109
5Section
109. 24.39 (title) of the statutes is amended to read:
SB365,55,6
624.39 (title)
Leases, etc. of public lands.
Note: Deletes disfavored term.
SB365, s. 110
7Section
110. 45.014 (title) of the statutes is amended to read:
SB365,55,8
845.014 (title)
Wisconsin veterans museum Veterans Museum.
Note: Changes capitalization consistent with the treatment of this section by
2001
Wis. Act 103 as already reflected in the printed volumes.
SB365, s. 111
9Section
111. 48.685 (5) (bm) 4. of the statutes is amended to read:
SB365,55,1510
48.685
(5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
11125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
12or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2),
13(5), or (6) that is a felony under s. 346.65 (2)
(e)
(am) 5. or (f), (2j) (d), or (3m), or an
14offense under ch. 961 that is a felony, if committed not more than 5 years before the
15date of the investigation under sub. (2) (am).
Note: Changes cross-reference to accommodate renumbering by Section 136 of
this bill.
SB365, s. 112
16Section
112. 59.70 (23) of the statutes is amended to read:
SB365,56,217
59.70
(23) County natural beauty councils. The board may create a county
18natural beauty council as a committee of the board, composed of such board
19members, public members and governmental personnel as the board designates.
20The council shall advise governmental bodies and citizens in the county on matters
21affecting the preservation and enhancement of the county's natural beauty, and aid
1and facilitate the aims and objectives of the natural beauty council
described in s.
2144.76 (3) (intro.), 1973 stats.
Note: The phrase "the aims and objectives of the natural beauty council" has no
referent in current law. The provision has been clarified by the addition of a
cross-reference to the law in which the aims and objectives of the natural beauty council
were last stated. Subsequent to the publication of the 1973-74 Wisconsin Statutes, ch.
224, Laws of 1975, changed the name of the natural beauty council (though not its
objectives), and ch. 29, Laws of 1977, eliminated the council altogether (by the repeal of
s. 15.347 (1)). Neither of these acts made any changes to s. 59.70 (23) (at that time
numbered s. 59.07 (59)).
SB365, s. 113
3Section
113. 73.10 (2) (b) 1. b. of the statutes is amended to read:
SB365,56,74
73.10
(2) (b) 1. b. That the statements, notes, and schedules under subd. 1. a.
5conform to generally accepted accounting principles promulgated by the
6governmental accounting standards board Governmental Accounting Standards
7Board or its successor bodies.
Note: Conforms capitalization to current style.
SB365, s. 114
8Section
114. 77.52 (2) (a) 10. of the statutes is amended to read:
SB365,58,79
77.52
(2) (a) 10. Except
for services provided by veterinarians and except for
10installing or applying tangible personal property
which that, subject to par. (ag),
11when installed or applied, will constitute an addition or capital improvement of real
12property, the repair, service, alteration, fitting, cleaning, painting, coating, towing,
13inspection, and maintenance of all items of tangible personal property unless, at the
14time of
such the repair, service, alteration, fitting, cleaning, painting, coating,
15towing, inspection, or maintenance, a sale in this state of the type of property
16repaired, serviced, altered, fitted, cleaned, painted, coated, towed, inspected, or
17maintained would have been exempt to the customer from sales taxation under this
18subchapter, other than the exempt sale of a motor vehicle or truck body to a
19nonresident under s. 77.54 (5) (a) and other than nontaxable sales under s. 77.51
20(14r).
For purposes of this paragraph, the following items shall be considered to have
1retained their character as tangible personal property, regardless of the extent to
2which any such item is fastened to, connected with, or built into real property:
3furnaces, boilers, stoves, ovens, including associated hoods and exhaust systems,
4heaters, air conditioners, humidifiers, dehumidifiers, refrigerators, coolers, freezers,
5water pumps, water heaters, water conditioners and softeners, clothes washers,
6clothes dryers, dishwashers, garbage disposal units, radios and radio antennas,
7incinerators, television receivers and antennas, record players, tape players,
8jukeboxes, vacuum cleaners, furniture and furnishings, carpeting and rugs,
9bathroom fixtures, sinks, awnings, blinds, gas and electric logs, heat lamps,
10electronic dust collectors, grills and rotisseries, bar equipment, intercoms,
11recreational, sporting, gymnasium and athletic goods and equipment including by
12way of illustration but not of limitation bowling alleys, golf practice equipment, pool
13tables, punching bags, ski tows and swimming pools; equipment in offices, business
14facilities, schools, and hospitals but not in residential facilities including personal
15residences, apartments, long-term care facilities, as defined under s. 16.009 (1) (em),
16state institutions, as defined under s. 101.123 (1) (i), Type 1 secured correctional
17facilities, as defined in s. 938.02 (19), or similar facilities including, by way of
18illustration but not of limitation, lamps, chandeliers, and fans, venetian blinds,
19canvas awnings, office and business machines, ice and milk dispensers,
20beverage-making equipment, vending machines, soda fountains, steam warmers
21and tables, compressors, condensing units and evaporative condensers, pneumatic
22conveying systems; laundry, dry cleaning, and pressing machines, power tools,
23burglar alarm and fire alarm fixtures, electric clocks and electric signs. "Service"
24does not include services performed by veterinarians. The tax imposed under this
25subsection applies to the repair, service, alteration, fitting, cleaning, painting,
1coating, towing, inspection, or maintenance of items listed in
this subdivision par.
2(ag), regardless of whether the installation or application of tangible personal
3property related to the items is an addition to or a capital improvement of real
4property, except that the tax imposed under this subsection does not apply to the
5original installation or the complete replacement of an item listed in
this subdivision 6par. (ag), if
such the installation or replacement is a real property construction
7activity under s. 77.51 (2).
Note: Subdivides a long provision by deleting a list to be converted to tabular form
in a newly created separate paragraph and otherwise rearranging text for improved
readability and conformity with current style. See the next section of this bill.
SB365, s. 115
8Section
115. 77.52 (2) (ag) of the statutes is created to read:
SB365,58,129
77.52
(2) (ag) For purposes of par. (a) 10., the following items shall be
10considered to have retained their character as tangible personal property, regardless
11of the extent to which the item is fastened to, connected with, or built into real
12property:
SB365,58,1313
1. Furnaces.
SB365,58,1414
2. Boilers.
SB365,58,1616
4. Ovens, including associated hoods and exhaust systems.
SB365,58,1717
5. Heaters.
SB365,58,1818
6. Air conditioners.
SB365,58,1919
7. Humidifiers.
SB365,58,2020
8. Dehumidifiers.
SB365,58,2121
9. Refrigerators.
SB365,58,2222
10. Coolers.
SB365,58,2323
11. Freezers.
SB365,59,1
112. Water pumps.
SB365,59,22
13. Water heaters.
SB365,59,33
14. Water conditioners and softeners.
SB365,59,44
15. Clothes washers.
SB365,59,55
16. Clothes dryers.
SB365,59,66
17. Dishwashers.
SB365,59,77
18. Garbage disposal units.
SB365,59,88
19. Radios and radio antennas.
SB365,59,99
20. Incinerators.
SB365,59,1010
21. Television receivers and antennas.
SB365,59,1111
22. Record players.
SB365,59,1212
23. Tape players.