2001 Wisconsin Act 102

102,11 Section 11. 66.0825 (15) of the statutes is renumbered 66.0825 (15) (a) (intro.) and amended to read:

66.0825 (15) (a) (intro.) All public officers and agencies and political subdivisions of the state and all insurance companies, trust companies, banks, savings banks, savings and loan associations, investment companies, executors, administrators, trustees and other fiduciaries Any of the following may invest funds, including capital in their control or belonging to them, in bonds issued by a company under this section.:

(b) The bonds described in par. (a) may be deposited with and received by any officer or agency of the state or any political subdivision for any purpose for which the deposit of bonds or obligation obligations of the state or any political subdivision is authorized by law.

Note: See the next section of this bill.

102,12 Section 12. 66.0825 (15) (a) 1. to 10. of the statutes are created to read:

66.0825 (15) (a) 1. Public officers and agencies and political subdivisions of the state.

2. Insurance companies.

3. Trust companies.

4. Banks.

5. Savings banks.

6. Savings and loan associations.

7. Investment companies.

8. Personal representatives.

9. Trustees.

10. Other fiduciaries not listed in this paragraph.

Note: See the previous section of this bill.

102,13 Section 13. 66.1309 (intro.) of the statutes is renumbered 66.1309 (2) (intro.) and amended to read:

66.1309 (2) (intro.) Notwithstanding any other law or the absence of direct provision for transfer of land in the instrument under which a fiduciary is acting, every executor, administrator, trustee, guardian or other person, holding trust funds or acting in a fiduciary capacity fiduciary, unless the instrument under which the fiduciary is acting expressly forbids, the state, its subdivisions, cities, all other public bodies, all public officers, corporations organized under or subject to the provisions of the banking law, the division of banking as conservator, liquidator or rehabilitator of any person, partnership or corporation, persons, partnerships and corporations organized under or subject to the provisions of the banking law, the commissioner of insurance as conservator, liquidator or rehabilitator of any person, partnership or corporation, any of which and every governmental unit, bank, or conservator that owns or holds any real property within a development area, may do all of the following:

Note: Subdivides long provision by moving text to separate definitions for improved readability and conformity with current style. See the next section of this bill.

102,14 Section 14. 66.1309 (1) of the statutes is created to read:

66.1309 (1) In this section:

(a) "Bank" means a corporation organized under or subject to the provisions of the banking law.

(b) "Conservator" means any of the following:

1. The division of banking as conservator, liquidator, or rehabilitator of any person, partnership, or corporation, and persons, partnerships, and corporations organized under or subject to the provisions of the banking law.

2. The commissioner of insurance as conservator, liquidator, or rehabilitator of any person, partnership, or corporation.

(c) "Fiduciary" means a personal representative, trustee, guardian, or other person holding trust funds or acting in a fiduciary capacity.

(d) "Governmental unit" means the state, its subdivisions, cities, all other public bodies, and all public officers.

102,15 Section 15. 66.1317 (2) (a) 1. of the statutes is amended to read:

66.1317 (2) (a) 1. Every executor, administrator personal representative, trustee, guardian, committee, or other person or corporation holding trust funds or acting in a fiduciary capacity.

102,16 Section 16. 70.19 (1) of the statutes is amended to read:

70.19 (1) When personal property shall be is assessed under s. 70.18 (1) to some a person in charge or possession thereof of the personal property other than the owner or person beneficially entitled thereto as hereinbefore provided, the assessment thereof of that personal property shall be entered upon the assessment roll separately from the same person's assessment of the that person's own personal property, adding to the person's name upon such the tax roll words briefly indicating that such the assessment is made to the person as the person in charge or possession thereof as occupant or possessor of the premises on which such property is stored or piled or as the spouse, agent, lessee, occupant, mortgagee, pledgee, executor, administrator, trustee, assignee, receiver or other representative of the owner or person beneficially entitled thereto; but a of the property. The failure to enter such the assessment separately or to indicate the representative capacity or other relationship of the person assessed shall not affect the validity of the assessment.

Note: See the note following the next section of this bill.

102,17 Section 17. 70.19 (2) of the statutes is amended to read:

70.19 (2) The person so assessed under sub. (1) and s. 70.18 (1) is personally liable for the tax on the property. The person assessed under sub. (1) and s. 70.18 (1) has a personal right of action against the owner or person beneficially entitled to of the property for the amount of the taxes and; has a lien for that amount upon the property with the rights and remedies for the preservation and enforcement of that lien as provided in ss. 779.45 and 779.48,; and is entitled to retain possession of the property until the owner or person beneficially entitled to of the property pays the tax on the property or reimburses the person assessed for the tax if paid by that person. The lien and right of possession relate back and exist from the time when that the assessment is made, but may be released and discharged by giving to the person assessed such undertaking or other indemnity as the person accepts or by giving the person assessed a bond in the amount and with the sureties as is directed and approved by the circuit judge court of the county in which the property is assessed, upon 8 days' notice to the person assessed. The bond shall be conditioned to hold and keep the person against whom the assessment is made assessed free and harmless from any and all costs, expense, liability or damage by reason of the assessment.

Note: Conforms provision to s. 70.18, which provides for the assessment of personal property to a person other than the owner. Prior to enactment of ch. 366 of the laws of 1959, ss. 70.18 and 70.19 referred to "owner or person beneficially interested" and the capacity of persons who might hold property for a person beneficially interested. The references to persons beneficially interested and the capacity of the persons holding the property were deleted from s. 70.18 by ch. 366 of the laws of 1959, but not from s. 70.19. As s. 70.19 relates to assessments under s. 70.18 and as s. 70.18, as affected by ch. 366 of the laws of 1959, applies to persons possessing personal property of others regardless of capacity, the references to persons beneficially interested and the capacity of persons holding property for those persons in s. 70.19 are unnecessary after their deletion from s. 70.18.

102,18 Section 18. 70.21 (title) of the statutes is amended to read:

70.21 (title) Partnership; estates in hands of executor personal representative; personal property, how assessed.

102,19 Section 19. 70.21 (1) of the statutes is amended to read:

70.21 (1) Except as provided in sub. (2), the personal property of a partnership may be assessed in the names of the persons composing such the partnership, so far as known or in the firm name or title under which the partnership business is conducted, and each partner shall be liable for the taxes levied thereon on the partnership's personal property.

(1m) Undistributed personal property belonging to the estate of a person deceased decedent shall be assessed to the executor or administrator if one shall have as follows:

(a) If a personal representative has been appointed and qualified, on the first day of January in the year in which the assessment is made, otherwise it the property shall be assessed to the personal representative.

(b) If a personal representative has not been appointed and qualified, on the first day of January in the year in which the assessment is made, the property may be assessed to the decedent's estate of such deceased person, and the. The tax thereon on the property shall be paid by the executor or administrator personal representative if one be thereafter is subsequently appointed, otherwise or by the person or persons in possession of such the property at the time of the assessment if a personal representative is not appointed.

Note: Subdivides provision, reorders text, and inserts specific references to improve readability and conformity with current style.

102,20 Section 20. 70.22 (1) of the statutes is amended to read:

70.22 (1) In case one or more of 2 or more executors of the will or administrators personal representatives or trustees of the estate of a decedent whose domicile at the time of the decedent's death was who died domiciled in this state are not residents of the state, the taxable personal property belonging to the estate shall be assessed to the executors, administrators personal representatives or trustees residing in this state. In case there are 2 or more executors, administrators personal representatives or trustees of the same estate residing in this state, but in different taxation districts, the assessment of the taxable personal property belonging to the estate shall be in the name names of all of the executors, administrators personal representatives or trustees of the estate residing in this state. In case the executor, administrator no personal representative or trustee, or all of them if more than one, do not reside resides in this state, the taxable personal property belonging to the estate may be assessed in the name of the executors or administrators personal representative or trustee, or in the names of all of the personal representatives or trustees if there are more than one, or in the name of the estate.

Note: Reorders text and eliminates unnecessary language. In the last sentence, "trustee" is added for internal consistency.

102,21 Section 21. 70.22 (2) (b) of the statutes is amended to read:

70.22 (2) (b) Before allowing the final account of a nonresident executor, administrator personal representative or trustee, the court shall ascertain whether there are or will be any taxes remaining unpaid or to be paid on account of personal property belonging to the estate, and shall make any order or direction that is necessary to provide for the payment of the taxes.

102,22 Section 22. 70.22 (3) of the statutes is amended to read:

70.22 (3) The provisions of this section shall not impair or affect any remedy given by other provisions of law for the collection or enforcement of taxes upon personal property assessed to executors, administrators personal representatives or trustees.

102,23 Section 23. 70.36 (1) of the statutes is amended to read:

70.36 (1) Any person, firm or corporation in this state owning or holding any personal property of any nature or description that is subject to assessment, individually or as agent, trustee, guardian, administrator, executor personal representative, assignee, or receiver or in some other representative capacity, which property is subject to assessment, who shall intentionally make makes a false statement to the assessor of that person's, firm's or corporation's assessment district or to the board of review thereof of the assessment district with respect to such the property, or who shall omit omits any property from any return required to be made under s. 70.35, with the intent of avoiding the payment of the just and proportionate taxes thereon on the property, shall forfeit the sum of $10 for every $100 or major fraction thereof of $100 so withheld from the knowledge of such the assessor or board of review.

Note: Reorders text, inserts specific references, and eliminates unnecessary language.

102,24 Section 24. 71.03 (2) (b) of the statutes is amended to read:

71.03 (2) (b) Deceased person. The executor, administrator personal representative or other person charged with the property of a decedent shall file a the return of such individual the decedent required under this section.

102,25 Section 25. 71.13 (2) (a) and (b) of the statutes are amended to read:

71.13 (2) (a) An executor, administrator, A personal representative or trustee applying to a court having jurisdiction for a discharge of his or her trust and a final settlement of his or her accounts, before his or her the application is granted, shall file all of the following with the department:

1. Returns of income received by the deceased decedent, any previous guardian, executor, administrator, personal representative, or trustee, during each of the years open to assessment under s. 71.77, if such the returns had not theretofore previously been filed, including a return of income for the year of death to the date of death.

2. Returns of income received during the period of his or her the personal representative's or trustee's administration or trust except for the final income tax year of the estate or trust.

3. Gift tax returns or reports, sales and use tax returns, and withholding returns or reports which that were required to be filed, if not theretofore previously filed.

(b) Upon receipt of such the returns described in par. (a), the department shall immediately determine the amount of taxes including interest, penalties, and costs to be payable, as well as any delinquent income, withholding, sales, use, and gift taxes, penalties, interest , and costs due, and shall certify such those amounts to the court. The court shall thereupon then enter an order directing the executor, administrator, personal representative or trustee to pay the amounts found to be due by the department and take its the department's receipt therefor for the amount paid. The receipt shall be evidence of the payment and shall be filed with the court before a final distribution of the estate or trust is ordered and the executor, administrator, personal representative or trustee is discharged. The filing of such the receipt shall in no manner affect the obligation of the executor, administrator, personal representative or trustee to file income, sales, and withholding returns covering transactions reportable during the final taxable year of the estate or trust and to pay income, sales, use and withholding taxes, penalties, interest, and costs due as the result of such transactions.

102,26 Section 26. 71.15 (2) of the statutes is amended to read:

71.15 (2) A personal exemption for the decedent under s. 71.07 (8) shall not be allowed the executor or administrator personal representative, except against the tax on income of the decedent in the year of death. If the decedent would have been entitled to an exemption for the decedent's spouse or a dependent under s. 71.07 (8), had the decedent lived, such the exemption shall be allowed to the executor or administrator personal representative so long as over one-half of the support of the spouse or dependent is supplied by the decedent or by the executor or administrator personal representative from the decedent's estate and the gross income of the spouse or dependent for the calendar year in which the taxable year of the executor or administrator personal representative begins is less than $500.

102,27 Section 27. 71.17 (3) of the statutes is renumbered 71.17 (3) (intro.) and amended to read:

71.17 (3) Liability for payment of taxes due from decedent. (intro.) Any income, withholding, sales, use, or gift taxes, penalties, interest, and costs found to be due from a decedent, an estate, or a trust for any of the years open to assessment under s. 71.77 and any delinquent income, withholding, sales, use, or gift taxes, penalties, interest, and costs found to be due shall be assessed against and paid by the executor, administrator, one of the following:

(a) The personal representative or trustee; any of such items found to be due after the executor, administrator, personal representative or trustee is discharged shall be assessed against and paid by the.

(b) The beneficiaries, in the same ratio that their interest in the estate or trust bears to the total estate or trust, if found to be due after the personal representative or trustee is discharged.

102,28 Section 28 . 71.80 (12) (title) of the statutes is amended to read:

71.80 (12) (title) Department deemed considered lawful attorney for nonresident.

102,29 Section 29 . 71.80 (12) (a) of the statutes is renumbered 71.80 (12) (a) (intro.) and amended to read:

71.80 (12) (a) (intro.) The transaction of business or the performance of personal services in this state or the derivation of income from property the income from which has a taxable situs in this state by any nonresident person, except where the nonresident is a foreign corporation that has been licensed pursuant to under ch. 180, shall be deemed all of the following:

1. Considered an irrevocable appointment by such person the nonresident, binding upon that person, that person's executor, administrator or the nonresident or the nonresident's personal representative, of the department of financial institutions to be that person's the nonresident's lawful attorney upon whom may be served any notice, order, pleading, or process ( , including without limitation by enumeration any notice of assessment, denial of application for abatement, or denial of claim for refund), by any administrative agency or in any proceeding by or before any administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter. The transaction of business, the performance of personal services or derivation of income from such property in this state shall be

2. A signification of that person's the nonresident's agreement that any such notice, order, pleading, or process which described in subd. 1. that is so served shall be of the same legal force and validity as if served on that person the nonresident personally, or upon that person's executor, administrator or on the nonresident's personal representative.

102,30 Section 30 . 71.80 (12) (b) of the statutes is renumbered 71.80 (12) (b) (intro.) and amended to read:

71.80 (12) (b) (intro.) The transaction of business in this state or the derivation of income which that has a situs in this state under the provisions of this chapter by any person while a resident of this state shall be deemed all of the following:

1. Considered an irrevocable appointment by such that person, binding upon that person, or that person's executor, administrator or personal representative, effective upon such that person becoming a nonresident of this state, of the department of financial institutions to be that person's true and lawful attorney upon whom may be served any notice, order, pleading, or process (, including without limitation by enumeration any notice of assessment, denial of application for abatement, or denial of claim for refund), by any administrative agency or in any proceeding by or before an administrative agency, or in any proceeding or action in any court, to enforce or effect full compliance with or involving the provisions of this chapter. And the transaction of such business or the derivation of such income shall be a

2. A signification of that person's agreement that any such notice, order, pleading, or process which described in subd. 1. that is so served shall be of the same legal force and validity as if served on that person personally, or upon that person's executor, administrator or personal representative.

102,31 Section 31 . 71.80 (12) (c) of the statutes is renumbered 71.80 (12) (c) 1. and amended to read:

71.80 (12) (c) 1. Service under par. (a) 1. or (b) 1. shall be made by serving a copy of the notice, order, pleading, or process upon the department of financial institutions or by filing such a copy of the notice, order, pleading, or process with the department of financial institutions, and such service shall be sufficient service .

2. Service under subd. 1. upon such a person, or that person's executor, administrator or personal representative, shall be sufficient if all of the following conditions are met:

a. Within 10 days of completion of service, notice of such the service and a copy of the served notice, order, pleading, or process are within 10 days thereafter sent by mail by the state department, officer, or agency making such the service to such the person, or that person's executor, administrator or personal representative, at that person's last-known address, and that an.

b. An affidavit of compliance herewith with this paragraph is filed with the department of financial institutions.

3. The department of financial institutions shall keep a record of all such notices, orders, pleadings, processes, and affidavits and shall note served upon or filed with it under this section, noting in such the record the day and hour of service upon the department or filing.

Note: In Sections 29 , 30, and 31, the text is reordered to accommodate the subdivision of this provision and to improve sentence structure.

102,32 Section 32. 71.91 (6) (g) 2. of the statutes is amended to read:

71.91 (6) (g) 2. The owners of any real property sold under par. (f), their heirs, executors or administrators or personal representatives, or any person having an interest in or a lien on that property, or any person in on behalf of a person specified in this subdivision may redeem the property sold, or any part of that property, within 120 days after the sale by payment to the purchaser or, if the purchaser cannot be found in the county in which the property to be redeemed is situated, then to the department, for the use of the purchaser or the purchaser's heirs or assigns, the amount paid by the purchaser and interest at the rate of 18% per year.

102,33 Section 33. 77.51 (10) of the statutes is amended to read:

77.51 (10) "Person" includes any natural person, firm, partnership, limited liability company, joint venture, joint stock company, association, public or private corporation, the United States, the state of Wisconsin, including any unit or division thereof of the state, any county, city, village, town, municipal utility, municipal power district or other governmental unit, cooperative, estate, trust, receiver, executor, administrator personal representative, any other fiduciary, and any representative appointed by order of any court or otherwise acting on behalf of others. "Person" also includes the owner of a single-owner entity that is disregarded as a separate entity under ch. 71.

102,34 Section 34. 100.18 (3m) of the statutes is amended to read: