2009 WISCONSIN ACT 177
An Act relating to: amending and revising various provisions of the statutes for the purpose of correcting errors and eliminating defects, anachronisms, conflicts, and ambiguities (Correction Bill).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
177,1
Section
1. 14.47 of the statutes is amended to read:
14.47 Cashier in secretary of state's office bonded. The cashier and assistant cashiers in the office of the secretary of state shall give bonds to the secretary of state in such sum and with such conditions as the secretary of state may prescribe, conditioned for the faithful discharge of their duties. Said Those bonds shall be furnished by a surety company authorized to do business in this state, and the cost thereof shall of those bonds may not exceed one-fourth of one per cent percent per year on the amount of said the bond or obligation by said the surety executed and shall be payable from the appropriation to the secretary of state.
Note: Inserts preferred spelling for "percent," specific references, and a necessary comma.
177,2
Section
2. 18.05 (1) (a) of the statutes is amended to read:
18.05 (1) (a) Three-fourths of one per cent percent of the aggregate value of all taxable property in the state; or
Note: Inserts preferred spelling for "percent."
177,3
Section
3. 18.05 (1) (b) (intro.) of the statutes is amended to read:
18.05 (1) (b) (intro.) Five per cent
percent of the aggregate value of all taxable property in the state less the sum of:
Note: Inserts preferred spelling for "percent."
177,4
Section
4. 20.485 (1) (gd) of the statutes is amended to read:
20.485 (1) (gd) Veterans home cemetery operations. All moneys received from the estate of the decedents under s. 45.61 (5) for the burial of veterans and non-veterans in a Wisconsin veterans cemetery under s. 45.61 (1), to be used for that purpose.
Note: Inserts missing "s." The change is printed in the 2007-08 statutes.
177,5
Section
5. 24.32 (2) (a) 2. of the statutes is amended to read:
24.32 (2) (a) 2. Depositing with the secretary of administration, for the use of the purchaser at the resale of the forfeited tract the amount paid by the the resale purchaser for the tract, together with 25% 25 percent of the amount of the taxes, interest, and costs, in addition to the purchase price.
Note: Deletes repeated word and replaces percent symbol consistent with current style. The repeated "the" is not printed in the 2007-08 statutes.
177,6
Section
6. 24.37 of the statutes is amended to read:
24.37 Ejectment. If any person holds or continues in possession of any public lands without written permission from the board, or contrary to the conditions or covenants of any lease or written agreement, or after the lands have been forfeited to the state, that person shall be liable to an action by the state or any purchaser from the state for an unlawful detainer or other proper action to recover possession of the lands and for damages for the detention of the the lands.
Note: Deletes repeated word. The change is printed in the 2007-08 statutes.
177,7
Section
7. 26.12 (4) of the statutes is amended to read:
26.12 (4) County cooperation. Each county included wholly or partially in a forest protection area may appoint a committee to cooperate with the department and to consider all matters relating to fire prevention, detection, and suppression in the county, including the payment of fire fighters, the purchase of fire-fighting fire fighting equipment, and all matters or details relating to or arising from the prevention, detection, and suppression of forest fires.
Note: Makes spelling consistent with other statutes.
177,8
Section
8. 35.84 (figure) line 78. (title) of the statutes is amended to read:
35.84 (figure)
78. (title) Each county highway commission commissioner
Note: Prior to the repeal and recreation of s. 35.84 table by
1985 Act 29, the s. 35.84 table contained a line for county highway commissioners. The table as repealed and recreated contained a line for county highway commissions. There is no provision in the statutes, nor was there one in 1985, for county highway commissions. It appears the change from commissioners to commissions was unintended.
177,9
Section
9. 49.45 (6c) (a) 6m. of the statutes is amended to read:
49.45 (6c) (a) 6m. "Intermediate facility" has the meaning given in s. 46.279 (1) (a) (b).
Note: Corrects cross-reference. "Intermediate facility" is defined in s. 46.279 (1) (b).
177,10
Section
10. 62.071 (4) of the statutes is amended to read:
62.071 (4) If the vote at the school district referendum is negative, the annexation proceedings on the original petition may continue in the same manner as if less than 20 per cent percent of the district had been involved in the original petition.
Note: Inserts preferred spelling for "percent."
177,11
Section
11. 62.15 (1a) of the statutes is amended to read:
62.15 (1a) Escalator clauses. Contracts may include escalator clauses providing for additional charges for labor and materials if as a result of general inflation the rates and prices of the same to the contractor increase during performance of the contract. Such escalator provision shall be applicable to all bidders and shall not exceed 15 per cent percent of the amount of the firm bid nor the amount of the increase paid by the contractor. Each bid on a contract which that is to include an escalator provision shall be accompanied by a schedule enumerating the estimated rates and prices of items of labor and materials used in arriving at the bid. Only as to such items as are enumerated shall an increased charge be allowed the contractor.
Note: Inserts preferred spelling for "percent."
177,12
Section
12. 62.15 (1c) of the statutes is amended to read:
62.15 (1c) Increased quantity clauses. Contracts may include clauses providing for increasing the quantity of construction required in the original contract by an amount not to exceed 15 per cent percent of the original contract price.
Note: Inserts preferred spelling for "percent."
177,13
Section
13. 62.15 (4m) of the statutes is amended to read:
62.15 (4m) Substantial compliance. If any certified check or bid bond is in substantial compliance with the minimum guaranty requirements of subs. (3) or (4), the letting authority may, in its discretion, accept such check or bid bond and allow such bidder 30 days to furnish such additional guaranty as may be required by said authority. Substantial compliance hereunder may be found if said check or bond is insufficient by not more than one-fourth of one per cent percent of the bid.
Note: Inserts preferred spelling for "percent."
177,14
Section
14. 64.31 (4) of the statutes is amended to read:
64.31 (4) The council may at any regular meeting increase or decrease the salary of the members of the council, including the mayor, by an amount not to exceed 20 per cent percent of the salary established prior to the commencement of the term to which such increase or decrease is applicable.
Note: Inserts preferred spelling for "percent."
177,15
Section
15. 65.90 (5) (b) of the statutes is amended to read:
65.90 (5) (b) A county board may authorize its standing finance committee to transfer funds between budgeted items of an individual county office or department, if such budgeted items have been separately appropriated, and to supplement the appropriations for a particular office, department, or activity by transfers from the contingent fund. Such committee transfers shall not exceed the amount set up in the contingent fund as adopted in the annual budget, nor aggregate in the case of an individual office, department, or activity in excess of 10 per cent percent of the funds originally provided for such office, department, or activity in such annual budget. The publication provisions of par. (a) shall apply to all committee transfers from the contingent fund.
Note: Inserts preferred spelling for "percent."
177,16
Section
16. 66.0309 (14) (a) of the statutes is amended to read:
66.0309 (14) (a) For the purpose of providing funds to meet the expenses of a regional planning commission, the commission shall annually on or before October 1 prepare and approve a budget reflecting the cost of its operation and services to the local governmental units within the region. The amount of the budget charged to any local governmental unit shall be in the proportion of the equalized value for tax purposes of the land, buildings, and other improvements on the land of the local governmental unit, within the region, to the total equalized value within the region. The amount charged to a local governmental unit shall not exceed .003 per cent percent of equalized value under its jurisdiction and within the region, unless the governing body of the unit expressly approves the amount in excess of that percentage. All tax or other revenues raised for a regional planning commission shall be forwarded by the treasurer of the local unit to the treasurer of the commission on written order of the treasurer of the commission.
Note: Inserts preferred spelling for "percent."
177,17
Section
17. 70.105 (3) (f) of the statutes is amended to read:
70.105 (3) (f) The land acquired by the owner and for which an assessment freeze is sought shall not be less than 30,000 square feet in area or in the alternative, the improvements or structures located on the land shall not be less than 200,000 cubic feet in volume. The period of the assessment freeze shall not exceed 5 years from the year in which it is first granted. The maximum amount of the assessment freeze allowed shall not be greater than 50 per cent percent of the assessment of the property acquired and for which an assessment freeze is sought which that would have been made by the assessor or the commissioner of taxation, as the case may be, had no assessment freeze been granted. In no event shall the assessment under such assessment freeze be less than the amount of the assessment of the property conveyed under threat of condemnation or by condemnation.
Note: Inserts preferred spelling for "percent."
177,18
Section
18. 70.32 (2) (c) 1m. of the statutes is amended to read:
70.32 (2) (c) 1m. "Other," as it relates to par. (a) 7., means buildings and improvements; including any residence for the farm operator's spouse, children, parents, or grandparents; and the land necessary for the location and convenience of those building buildings and improvements.
Note: Corrects spelling.
177,19
Section
19. 70.82 of the statutes is amended to read:
70.82 Review of claims; payment. The statements and vouchers mentioned in s. 70.81 shall be promptly transmitted by the supervisor of equalization to the department of revenue, which shall have authority to review the same statements and vouchers and determine the number of days to be allowed. After such review and determination and after procuring any needed corrections therein said department shall endorse their approval of such statements and file the same and such vouchers in the office of the department of administration. Such claims shall thereupon be audited by the department of administration and paid out of the state treasury in like manner that other claims against the state are audited and paid. The amount so paid shall constitute an indebtedness of the district in which such reassessment was made to the state of Wisconsin, and such indebtedness with interest thereon at 6 per cent percent per year shall be a special charge upon such district to be certified to and collected from such district in the then next levy and certification of state taxes and special charges, in like manner that other indebtedness of cities, towns, and villages to the state are certified and collected.
Note: Inserts preferred spelling for "percent" and inserts a specific reference.
177,20
Section
20. 77.07 (2) of the statutes is amended to read:
77.07 (2) Penalty, collections. If any severance tax remain unpaid for 30 days after it becomes due, there shall then be added a penalty of 10% 10 percent, and such tax and penalty shall thereafter draw interest at the rate of one per cent percent per month until paid. At the expiration of said 30 days the department of natural resources shall report to the attorney general any unpaid severance tax, adding said penalty, and the attorney general shall thereupon proceed to collect the same with penalty and interest by suit against the owner and by attachment or other legal means to enforce the lien and by action on the bond mentioned in s. 77.06 (1), or by any or all such means.
Note: Inserts preferred spelling for "percent" and replaces the percent symbol consistent with current style.
177,21
Section
21. 88.48 (2) of the statutes is amended to read:
88.48 (2) As assessments for costs levied against any city, village, or town become due, the board shall certify the assessments to the clerk of the city, village, or town, and the clerk shall place them upon the next tax roll. If the assessments exceed one-fourth of one per cent
percent of the assessed value of the property in the city, village, or town for the last previous assessed valuation, the assessments shall be paid in installments of one-fourth of one per cent percent of the valuation for each year until paid unless the drainage board orders them paid in smaller amounts.
Note: Inserts preferred spelling for "percent."
177,22
Section
22. 94.39 (1) (a) of the statutes is amended to read:
94.39 (1) (a) The commonly accepted name of the kind or kind and variety of each agricultural seed component in excess of 5 per cent percent of the whole and the percentage by weight of each in order of its predominance. When more than one component is required to be named, the word "mixture" or "mixed" shall be shown conspicuously on the label. Seed components of 5 per cent percent or less may be named, if desired.
Note: Inserts preferred spelling for "percent."
177,23
Section
23. 94.41 (1) (f) of the statutes is amended to read:
94.41 (1) (f) Containing weed seeds in excess of one per cent percent by weight.
Note: Inserts preferred spelling for "percent."
177,24
Section
24. 97.02 (14) (b) of the statutes is amended to read:
97.02 (14) (b) Bears or contains any alcohol in excess of one-half of one per cent percent by volume derived solely from the use of flavoring extracts; or
Note: Inserts preferred spelling for "percent."
177,25
Section
25. 97.47 of the statutes is amended to read:
97.47 Benzoic acid in foods. No person shall sell, offer, or expose for sale or have in possession with intent to sell for use or consumption in this state, any meat products or dairy products, which that contain added benzoic acid or benzoates; or any other article of food as defined in s. 97.01 which that contains added benzoic acid or benzoates in excess of one-tenth of one per cent percent. The presence shall be stated on the label. When in the preparation of food products for shipment they are preserved by any external application of benzoic acid or benzoates in such a manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering or the package, this section shall be construed as applying only when said products are ready for consumption.
Note: Inserts preferred spelling for "percent."
177,26
Section
26. 100.07 (1) of the statutes is amended to read:
100.07 (1) Whenever petitions signed by more than 60 per cent percent of the producers of milk delivered to any dairy plant or petitions signed by more than 60 per cent percent of the producers comprising any municipal milk shed shall be presented to the department asking for the audit of payments to producers, the department by investigation and public hearing shall determine the facts in support of and against such petition and render its decision thereon. The department by order shall define the plants and areas affected. All persons receiving from producers in any such plant or area milk any part of which is used for fluid distribution shall keep adequate records of all purchases and all usage or disposition of milk and shall make reports thereof as prescribed by the department. The department shall have free access to such records and shall after entry of such order audit the receipts and usage or disposition of milk and cream at intervals sufficiently frequent to keep the producers informed for bargaining purposes.
