SB365, s. 63
1Section
63. 16.42 (1) (d) of the statutes is amended to read:
SB365,30,32
16.42
(1) (d) A statement of legislation required to implement proposed
3programmatic and financial plans
; and.
Note: Corrects punctuation.
SB365, s. 64
4Section
64. 16.50 (3) of the statutes is renumbered 16.50 (3) (a) and amended
5to read:
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16.50
(3) (a) No department, except the legislature or the courts, may increase
7the pay of any employee, expend money
, or incur any obligation except in accordance
8with the estimate that is submitted to the secretary as provided in sub. (1) and
9approved by the secretary or the governor.
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10(b) No change in the number of full-time equivalent positions authorized
11through the biennial budget process or other legislative act may be made without the
12approval of the joint committee on finance, except for position changes made by the
13governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and
14Clinics Board under s. 16.505 (2n)
, or by the board of regents of the University of
15Wisconsin System under s. 16.505 (2m) or (2p).
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16(c) The secretary may withhold, in total or in part, the funding for any position,
17as defined in s. 230.03 (11), as well as the funding for part-time or limited term
18employees until such time as the secretary determines that the filling of the position
19or the expending of funds is consistent with s. 16.505 and with the intent of the
20legislature as established by law or in budget determinations, or the intent of the
21joint committee on finance in creating or abolishing positions under s. 13.10, the
22intent of the governor in creating or abolishing positions under s. 16.505 (1) (c) or (2)
, 23or the intent of the board of regents of the University of Wisconsin System in creating
1or abolishing positions under s. 16.505 (2m) or (2p). Until the release of funding
2occurs, recruitment or certification for the position may not be undertaken.
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3(d) The secretary shall submit a quarterly report to the joint committee on
4finance of any position changes made by the governor under s. 16.505 (1) (c).
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5(e) No pay increase may be approved unless it is at the rate or within the pay
6ranges prescribed in the compensation plan or as provided in a collective bargaining
7agreement under subch. V of ch. 111.
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8(f) At the request of the director of the office of state employment relations, the
9secretary of administration may authorize the temporary creation of pool or surplus
10positions under any source of funds if the director determines that temporary
11positions are necessary to maintain adequate staffing levels for high turnover
12classifications, in anticipation of attrition, to fill positions for which recruitment is
13difficult. Surplus or pool positions authorized by the secretary shall be reported
14quarterly to the joint committee on finance in conjunction with the report required
15under s. 16.54 (8).
Note: Subdivides long provision to improve readability.
SB365, s. 65
16Section
65. 16.513 (3) of the statutes is renumbered 16.513 (3) (a) and amended
17to read:
SB365,31,2418
16.513
(3) (a) If there are insufficient moneys, assets
, or accounts receivable,
19as determined under s. 20.903 (2), that are projected by an agency or projected by the
20department under s. 16.40 (7) to cover anticipated expenditures under a program
21revenue appropriation or appropriation of segregated revenues from program
22receipts, the agency shall propose and submit to the department a plan to assure that
23there are sufficient moneys, assets
, or accounts receivable to meet projected
24expenditures under the appropriation.
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1(b) The department may approve, disapprove
, or approve with modifications
2each plan submitted by an agency
under par. (a). If the department approves a plan,
3or approves a plan with modifications, the department shall forward the plan to the
4joint committee on finance. If the cochairpersons of the
joint committee
on finance 5do not notify the secretary that the committee has scheduled a meeting for the
6purpose of reviewing the proposed plan within 14 working days after the date of the
7secretary's submittal, any portion of the plan
which
that does not require the action
8of the legislature or the action of the committee under another law may be
9implemented. If, within 14 working days after the date of the secretary's submittal,
10the cochairpersons of the
joint committee
on finance notify the secretary that the
11committee has scheduled a meeting for the purpose of reviewing the proposed plan,
12no part of the plan may be implemented without the approval of the committee in
13accordance with applicable law, or without the approval of the legislature if
14legislative approval is required.
Note: Subdivides long provision to improve readability. Inserts specific references.
SB365, s. 66
15Section
66. 16.517 of the statutes is renumbered 16.517 (1) and amended to
16read:
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16.517
(1) No later than 30 days after the effective date of each biennial budget
18act, the department shall provide to the joint committee on finance a report
19indicating any initial modifications that are necessary to the appropriation levels
20established under that act for program revenue and program revenue-service
21appropriations as defined in s. 20.001 (2) (b) and (c) or to the number of full-time
22equivalent positions funded from program revenue and program revenue-service
23appropriations authorized by that act to account for any additional funding or
24positions authorized under s. 16.505 (2) or (2m) or 16.515 in the fiscal year
1immediately preceding the fiscal biennium of the budget that have not been included
2in authorizations under the biennial budget act but
which that should be included
3as continued budget authorizations in the fiscal biennium of the budget.
Such
4modifications
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5(2) Modifications under sub. (1) shall be limited to adjustment of the
6appropriation or position levels to the extent required to account for higher base
7levels for the fiscal year immediately preceding the fiscal biennium of the budget due
8to appropriation or position increases authorized under s. 16.505 (2) or (2m) or 16.515
9during the fiscal year immediately preceding the fiscal biennium of the budget.
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10(3) If the cochairpersons of the
joint committee
on finance do not notify the
11secretary that the committee has scheduled a meeting for the purpose of reviewing
12the proposed modifications
under sub. (1) within 14 working days after the date of
13receipt of the department's report, the department may make the modifications
14specified in the report. If, within 14 working days after the date of the department's
15report, the cochairpersons of the committee notify the secretary that the committee
16has scheduled a meeting for the purpose of reviewing the proposed modifications, the
17department may not make the modifications specified in the report until the
18committee approves the report.
Note: Subdivides long provision and inserts cross-references for improved
readability.
SB365, s. 67
19Section
67. 16.85 (8) and (11) of the statutes are renumbered 16.8511 (1) and
20(2).
Note: Section 16.85 (8) and (11) are stylistically different from the other
subsections in s. 16.85 and cannot be amended to grammatically fit within the structure
of 16.85 (intro.) and the remaining subsections. Renumbering 16.85 (8) and (11)
eliminates the grammatical and stylistic conflicts.
SB365, s. 68
21Section
68. 16.85 (15) of the statutes is amended to read:
SB365,34,6
116.85
(15) Provide To provide or contract for the provision of professional
2engineering, architectural, project management and other building construction
3services on behalf of school districts for the installation or maintenance of electrical
4and computer network wiring. The department shall assess fees for services
5provided under this subsection and shall credit all revenues received to the
6appropriation account under s. 20.505 (1) (im).
Note: Conforms the form of this provision with that of the other subsections under
s. 16.85.
SB365, s. 69
7Section
69. 16.8511 (title) of the statutes is created to read:
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816.8511 (title)
Secretary of administration; powers, duties.
Note: See the previous section of this bill.
SB365, s. 70
9Section
70. 16.854 (3) of the statutes is amended to read:
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16.854
(3) It shall be a goal of the department, with regard to each of the
11contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar
12value of such contracts to minority businesses and at least 5% of the dollar value of
13such contracts to women's businesses. Sections 16.85,
16.8511, 16.855
, and 16.87 do
14not 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.
SB365, s. 71
15Section
71. 21.75 (9) of the statutes is amended to read:
SB365,34,2216
21.75
(9) Statutes of limitations. The period of active state service may not
17be included in computing any period for the bringing of any action or proceeding in
18any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against
19a person in active state service or by or against his or her heirs,
executors,
20administrators personal representatives, or assigns, whether the cause of action or
21proceeding or the right to bring the action or proceeding accrued before or during the
22period of active state service.
SB365, s. 72
1Section
72. 23.25 (1) of the statutes is amended to read:
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23.25
(1) The department shall
do all of the following:
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(a) Determine the correct and most appropriate names of the lakes, streams,
4places
, and other geographic features in the state, and the spelling
thereof; of those
5names.
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(b) Pass upon and give names to lakes, streams, places
, and other geographic
7features in the state for which no single generally accepted name has been in use
;.
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(c) In cooperation with county boards and with their approval, change the
9names of lakes, streams, places
, and other geographic features
with the end in view
10of eliminating in order to eliminate, as far as possible, duplication of names within
11the state
;.
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(d) Prepare and publish an official state dictionary of geographic names and
13publish the
same dictionary, either as a completed whole
, or in parts
, when ready
;.
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(e) Serve as the state representative of the U.S. geographic board and cooperate
15with the
said U.S. geographic board
to the end so that there shall be no conflict
16between 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.
SB365, s. 73
17Section
73. 24.05 of the statutes is amended to read:
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1824.05 Survey of lands. Whenever it
shall appear appears necessary to the
19board
necessary that surveys should be made in order to ascertain the true
20boundaries of any tract or portion of the public lands, or to enable
it the board to
21describe and dispose of
the same any tract or portion of the public lands in suitable
22and convenient lots,
it the board may cause all
such necessary surveys to be made.
Note: Conforms verb to current style and inserts specific references.
SB365, s. 74
1Section
74. 24.06 of the statutes is amended to read:
SB365,36,10
224.06 Plat of lands. The board may subdivide any parcel of public lands into
3smaller parcels or village lots, with streets and alleys if necessary, whenever it
4believes a larger net price can be obtained by selling the land in
such smaller parcels
5or lots. A survey and plat of
such the subdivision, verified by its maker as true and
6correct, shall be returned and recorded in the office of the board, and the parcels or
7lots designated
thereon on the survey and plat shall be appraised before
they the
8parcels or lots are offered for sale.
Such The subdivision shall be ordered, the
9proceedings
therefor for the subdivision governed
, and
such the appraisal made in
10substantial
accord compliance with s. 24.08.
Note: Replaces disfavored terms and inserts specific references.
SB365, s. 75
11Section
75. 24.09 (1) (b) of the statutes is amended to read:
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24.09
(1) (b) Lands required for federal, state, county, city, village, town
, or
13school district use may be sold at the appraised value to
, or exchanged for land of
14approximately equivalent value with
, the federal government, other state
15departments, boards or commissions, counties, cities, villages, towns
, or school
16districts.
Note: Inserts commas for improved readability.
SB365, s. 76
17Section
76. 24.11 (2) of the statutes is amended to read:
SB365,36,2218
24.11
(2) Purchaser to pay taxes. The board shall insert in every contract or
19certificate of sale of public land a clause providing that the vendee,
and the vendee's
20heirs,
administrators personal representatives, or assigns shall pay or cause to be
21paid all taxes that are or that may be assessed against the land from
and after the
22date of the
said contract
or certificate of sale.
Note: Replaces "administrators" in accordance with
2001 Wis. Act 102. Deletes
"and after" as redundant.
SB365, s. 77
1Section
77. 24.11 (4) of the statutes is amended to read:
SB365,37,172
24.11
(4) Special terms for escheated lands. Upon the sale of any escheated
3lands the entire purchase price shall be paid at the time of the sale
; whereupon the.
4The board shall
then execute and deliver to the purchaser a quitclaim deed of
5conveyance
which shall vest that vests in the grantee all the right, title
, and interest
6of the state in or to the land, and every right of action
which that the state has
7respecting the
same; but no land. No covenant or warranty of title,
or of continued
8enjoyment, or against encumbrances, shall be expressed in or implied from
such the
9quitclaim deed or any words
therein in the quitclaim deed. If by virtue of a better
10title
a recovery of such land be had by, any other person or party
recovers the land 11within 20 years after
such a purchase
under this subsection, the state shall refund
12to the purchaser
, or
to the purchaser's assigns or legal representatives
, the amount
13paid by the purchaser for the land
, together with interest
thereon on the amount paid
14by the purchaser at the rate of 6% per year from the date of the purchase until the
15date of recovery
, and also the amount of all taxes on the land actually paid by the
16purchaser with like interest on each payment from the time of payment to the date
17of 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.
SB365, s. 78
18Section
78. 24.12 of the statutes is amended to read:
SB365,38,5
1924.12 Forfeit for failure to pay. Every purchaser of any lot or tract at any
20sale
as aforesaid under s. 24.11 shall pay the amount of the purchase money required
21by the terms of sale to be paid
in hand immediately after having bid off the same; and
22if as provided in s. 24.11 (1). If the purchaser
shall refuse or neglect refuses or
1neglects to so pay, the lot or tract
so bid off by the purchaser shall again be offered
2for sale
; and the. The purchaser shall, for
such refusal or neglect refusing or
3neglecting to pay, forfeit $25 for each lot or tract
so bid off by the purchaser, which
4the board shall, in the name of the state, cause to be immediately sued for and
5collected, and
, when collected
, paid into the school fund.
Note: Divides long sentence, inserts specific references, and replaces the passive
voice with the active.
SB365, s. 79
6Section
79. 24.14 of the statutes is renumbered 24.14 (1) and amended to read:
SB365,38,97
24.14
(1) Any person who has purchased from the United States or entered any
8of the In this section, "subject lands" means lands patented to this state as swamp
9and overflowed lands, or lands patented in lieu of
such swamp and overflowed lands
,.
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10(2) Any person who has purchased from the United States or entered any
11subject lands prior to the execution of
such
Unites States patents to this state
for the
12subject lands, may whenever
such those entries have been canceled by the United
13States on account of
a conflict with the right and title of this state to
such the subject 14lands, purchase
the subject lands from this state, prior to the date fixed for the public
15sale
thereof, such lands so purchased or entered from the United States of the subject
16lands, upon making satisfactory proof to the board that
such the person is the
17identical person, or the heir, legal representative
, or assign of the person, who
18purchased or entered
such the subject lands as
aforesaid provided in this subsection,
19and upon paying to this state for
such the subject lands the same price at which
such 20the purchase or entries were made from the United States
; but nothing. Nothing 21contained in this chapter
shall impair impairs the rights acquired by any person who
22has preempted any
such subject lands under the laws of this state.
Note: Subdivides section, inserts definition, replaces disfavored terms, and deletes
unnecessary verbiage.
SB365, s. 80
1Section
80. 24.145 of the statutes is renumbered 24.145 (1) and amended to
2read:
SB365,39,93
24.145
(1) It is declared that none of the swamp and overflowed lands
4heretofore granted to this state pursuant to an act of congress entitled "An Act to
5enable the state of Arkansas and other states to reclaim the swamp lands within
6their limits", approved September 28, 1850, and the proceeds derived from the sale
7thereof, of those lands which that have not
heretofore been actually applied for
8reclamation of
such those lands, are necessary for the purpose of reclaiming any such
9swamp and overflowed lands by construction of levees and drains or otherwise.
SB365,39,15
10(2) All
such swamp and overflowed lands
described in sub. (1) and the proceeds
11derived from the sale
thereof of those lands including those placed and being in the
12drainage fund pursuant to
chapter 537, laws of 1865,
which that have not been
13actually applied for the purpose of reclaiming
such
those lands, shall be
and they are
14made a part of the normal school fund. This section
shall be controlling controls over
15any inconsistent act or statute.
Note: Subdivides section, replaces disfavored terms, and deletes unnecessary
verbiage.
SB365, s. 81
16Section
81. 24.15 of the statutes is amended to read:
SB365,40,2
1724.15 Private sale. All public lands, including forfeited lands and mortgaged
18lands bid in by the state, which
shall have once been offered or reoffered at public sale
19and remain unsold, shall be subject to private sale at the minimum price fixed
20therefor for the sale of the land by law to the person first making application
therefor 21for the purchase of the lands, if the person
forthwith immediately complies with the
22term of sale
; but if. If 2 or more persons
shall apply at the same time to purchase
any
23of such the same lands
under this section, the
same lands shall be offered to the
1highest bidder, and the applicant who will pay the highest price shall be the
2purchaser.
Note: Replaces disfavored terminology with specific references.
SB365, s. 82
3Section
82. 24.16 of the statutes is renumbered 24.16 (intro.) and amended to
4read:
SB365,40,11
524.16 Applications for private sale. (intro.) Every person making
6application
under s. 24.15 for the purchase at private sale of any
such public lands
7shall file in the office of the board an application in writing, describing the lot or tract
8which that the person proposes to purchase by the proper number of the section,
9township and range, and the subdivision of the section, with the person's name
10subscribed
thereto to the application. The board shall, if the land applied for may
11then be sold,
enter do all of the following:
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12(1) Enter on books kept for that purpose a note of
such the application,
13specifying the day when made, the name of the applicant, and the description of the
14land applied for
, and shall also give.
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15(2) Give to
such the applicant a memorandum
signed by the executive secretary
16of the board, stating
such the application
and, describing the lot or tract applied for,
17and stating the price at which the
same lot or tract may be sold and the amount to
18be paid at the time of the sale
, which memorandum shall be signed by the executive
19secretary of the board.
Note: Subdivides provision, reorders text, and replaces disfavored terminology
with specific references.
SB365, s. 83
20Section
83. 24.17 (1) of the statutes is amended to read:
SB365,41,421
24.17
(1) When the purchaser of any
such public lands
shall make makes 22payment to the secretary of administration of the amount required to be paid on
such 23the sale
, and, in case of a private sale,
shall also produce produces the memorandum
1mentioned described in s. 24.16, the secretary of administration shall give a receipt
2therefor to
such the purchaser
for the amount paid, and
, unless
such the sale
be made 3is wholly for cash
, the board shall execute and deliver to
such person the purchaser 4a duplicate certificate of sale, in which
it the board shall certify
all of the following:
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(a) The description of the land sold
;.
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(b) The sum paid and the amount remaining due
thereon;
.
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(c) The times, place
, and terms of payments
;.
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(d) That if
such the payments
shall be duly are made
in accordance with the
9terms stated in the certificate of sale, the purchaser
, or the purchaser's assigns or
10other legal representatives
, shall be entitled to a patent for
such the land
;.
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(e)
And that That in case of the nonpayment into the state treasury of
any of 12the
following, the certificate of sale from the time of the nonpayment shall be void
13and the board may take possession of and resell the land described in the certificate:
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141. The purchase money as it
shall become becomes due
, or of the.
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152. The interest
thereon on the purchase money by the first day of February in
16each year or on or before the
next following June 30th
thereafter, or of any.
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173. Any taxes lawfully assessed
thereon on the lands described in the certificate 18and then remaining unpaid by the purchaser or purchasers or by any person
19claiming under the purchaser or purchasers
, then that the said certificate from the
20time of such failure shall be utterly void and of no effect, and that the board may take
21possession 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.
SB365, s. 84
22Section
84. 24.17 (2) of the statutes is amended to read:
SB365,42,6
124.17
(2) When the sale
of public lands under sub. (1) is wholly for cash, upon
2payment
as above provided of the full purchase price to the secretary of
3administration, the secretary of administration shall
thereupon immediately give to
4such the purchaser a receipt stating the amount paid
and, giving a description of the
5lot or tract of land sold
, and
stating that
such the purchaser is entitled to receive a
6patent according to law.