Note: See the previous section of this bill.
SB365, s. 70
9Section
70. 16.854 (3) of the statutes is amended to read:
SB365,34,1410
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:
SB365,35,22
23.25
(1) The department shall
do all of the following:
SB365,35,53
(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.
SB365,35,76
(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
;.
SB365,35,118
(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
;.
SB365,35,1312
(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
;.
SB365,35,1614
(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:
SB365,35,22
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:
SB365,36,1612
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
,.
SB365,38,22
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:
SB365,40,14
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.
SB365,40,19
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:
SB365,41,55
(a) The description of the land sold
;.
SB365,41,66
(b) The sum paid and the amount remaining due
thereon;
.
SB365,41,77
(c) The times, place
, and terms of payments
;.
SB365,41,108
(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
;.
SB365,41,1311
(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:
SB365,41,14
141. The purchase money as it
shall become becomes due
, or of the.
SB365,41,16
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.
SB365,41,21
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.
Note: Inserts specific reference, corrects punctuation, and deletes unnecessary
verbiage.
SB365, s. 85
7Section
85. 24.18 of the statutes is amended to read:
SB365,42,15
824.18 Entry of sale and patent. When any sale
of public lands is made
, the
9board shall make a note
thereof of the sale in the book of entries
, and shall enter
10therein, entering the day of sale, the name of the purchaser, the number of the
11certificate or patent, the sum paid, the amount of purchase money unpaid, if any, and
12a description of the lot or tract sold. If
such
the sale
be made is wholly for cash
it,
13the board shall
thereupon immediately execute and deliver to the purchaser a patent
14for
such the lot or tract of land so sold. If
the land is sold at public auction
it, the board 15shall note that fact.
Note: Inserts specific reference, corrects punctuation, and replaces disfavored
terminology.
SB365, s. 86
16Section
86. 24.19 of the statutes is amended to read:
SB365,43,5
1724.19 Certificate of sale. All original and duplicate certificates
of sale issued
18under s. 24.17 shall be properly numbered, and the original shall be filed in the office
19of the board
, and as. As many distinct lots or tracts of land
hereafter purchased by
20one person in one section at the same time as that person
shall request requests shall
21be included in one certificate or one patent, as the case may be.
All certificates 22Certificates of sale may be acknowledged and recorded in the same manner
that as
1deeds
may be. They. Certificates of sale may
also be assigned in writing
, which. The 2assignment may be acknowledged and recorded in
like
the same manner
as deeds,
3and the
person to whom the same shall be legally assigned assignee shall have the
4same rights and remedies
thereupon under the certificate as the original purchaser
5would have had.
Note: Inserts specific reference, corrects punctuation, and deletes unnecessary
verbiage.
SB365, s. 87
6Section
87. 24.20 of the statutes is amended to read:
SB365,43,14
724.20 Payments and accounts. All money paid on account of sales of public
8lands shall be paid to the secretary of administration who shall credit the proper fund
9therewith with the amount paid, crediting the general fund with the proceeds of sales
10of Marathon County lands
, and the. The secretary of administration or the
11secretary's designee, upon countersigning the receipt given
therefor for the amount
12paid, shall enter the name of the person
paying the same making the payment, the
13number of the certificate, if any, upon which the amount shall be paid, and the time
14of the payment.
Note: Divides long sentence, inserts specific references, corrects punctuation, and
deletes unnecessary verbiage.
SB365, s. 88
15Section
88. 24.21 of the statutes is amended to read:
SB365,44,2
1624.21 Accounts with purchasers. The board shall open and keep an account
17with each purchaser for every lot or tract of land that
shall be is sold, either at public
18or private sale, in books kept for that purpose, in which
it the board shall charge the
19purchaser with the whole purchase money and give the purchaser credit for all the
20purchaser's payments, making proper charges for interest as
the same shall become 21it becomes due, and for all taxes returned to it as unpaid by the proper officer
; and
1upon. Upon all payments being completed and the patent issued the account shall
2be balanced.
Note: Divides long sentence and inserts specific references.
SB365, s. 89
3Section
89. 24.22 of the statutes is renumbered 24.22 (1) and amended to read:
SB365,44,84
24.22
(1) Whenever full payment of the principal due upon any certificate of
5sale by the state
shall be is made subsequent to the payment of the annual interest
6thereon on the principal, the excess of the interest so paid shall be refunded to the
7person entitled
thereto to the excess payment, from the proper fund, on the warrant
8of the department of administration
; and in case.
SB365,44,12
9(2) In the event of the double or erroneous payment of interest, charges
, or
10taxes on any certificate of sale or loan by the state
, the amount
so erroneously paid
11shall be
in like manner refunded
in the same manner as excess interest payments
12under sub. (1).
Note: Divides long sentence, and inserts specific references.
SB365, s. 90
13Section
90. 24.23 of the statutes is amended to read:
SB365,44,18
1424.23 Title; patents. The title and fee of all public lands shall remain in the
15state until patents
shall issue for the same; and no such for the land are issued. No 16patent shall
issue be issued except upon full payment of the purchase money and
17interest and all taxes returned and lawful charges
thereon on the lands being
18purchased.
Note: Divides long sentence and inserts specific references.
SB365, s. 91
19Section
91. 24.24 of the statutes is amended to read:
SB365,45,9
2024.24 Effect of certificate. (1) The Except when voided by forfeiture under
21s. 24.28, a certificate of sale
, issued
pursuant to under s. 24.17
, until the same
22becomes void by forfeiture under s. 24.28, shall entitle entitles the purchaser,
or the
1purchaser's heirs or assigns, to all the rents, benefits
, and provisions of any lease
2existing
thereon on the lands described in the certificate at the time of
such the land 3purchase and
thereafter accruing
, and shall be after the purchase. The certificate
4of sale is sufficient evidence of title
, and
shall vest vests in the purchaser,
or the
5purchaser's heirs and assigns, the same rights of possession, enjoyment, descent,
6transmission
, and alienation of the lands
therein described
, in the certificate and the
7same remedies for the protection of
said those rights
, as against all persons
, except
8the state, that the purchaser would possess if the purchaser were the owner
thereof 9in fee
of the described lands.
SB365,45,13
10(2) No such Notwithstanding sub. (1), a certificate
shall of sale does not confer
11the right to cut down, destroy
or, dig up
, or carry off any standing wood or timber
, or
12any mineral
, located on the lands described in the certificate without the written
13consent of
said the board, except
that such wood as follows:
SB365,45,15
14(a) Wood or timber may be cut when
to be used, and it
shall is to be exclusively
15used
, in the erection of fences or buildings on
such the described lands
, or.
SB365,45,17
16(b) Wood or timber may be cut for necessary firewood for the household use of
17the persons actually occupying
the same, or the described lands.
SB365,45,19
18(c) Wood or timber may be cut when done in good faith for the actual and fair
19improvement of
such land the described lands for cultivation.
SB365,46,2
20(3) But Notwithstanding sub. (2) (c), no
such cutting
of wood or timber shall
21be deemed to have been done for the purposes of cultivation unless the entire surface
22from which
such the wood and timber is cut
shall have been was at the time further
23prepared
therefor for cultivation by thoroughly clearing
it of all brush and growing
24wood of every kind
thereon, except that shade or ornamental trees on not more than
110 adjoining acres selected for building purposes, and trees valuable for saw or rail
2timber, not to exceed 20 upon each acre, may be left standing.
Any