2005 Wisconsin Act 149

Note: Corrects punctuation.

149,63 Section 63. 16.42 (1) (d) of the statutes is amended to read:

16.42 (1) (d) A statement of legislation required to implement proposed programmatic and financial plans; and.

Note: Corrects punctuation.

149,64 Section 64. 16.50 (3) of the statutes is renumbered 16.50 (3) (a) and amended to read:

16.50 (3) (a) No department, except the legislature or the courts, may increase the pay of any employee, expend money, or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor.

(b) No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

(c) The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employees until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance in creating or abolishing positions under s. 13.10, the intent of the governor in creating or abolishing positions under s. 16.505 (1) (c) or (2), or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m) or (2p). Until the release of funding occurs, recruitment or certification for the position may not be undertaken.

(d) The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c).

(e) No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V of ch. 111.

(f) At the request of the director of the office of state employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the director determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

Note: Subdivides long provision to improve readability.

149,65 Section 65. 16.513 (3) of the statutes is renumbered 16.513 (3) (a) and amended to read:

16.513 (3) (a) If there are insufficient moneys, assets , or accounts receivable, as determined under s. 20.903 (2), that are projected by an agency or projected by the department under s. 16.40 (7) to cover anticipated expenditures under a program revenue appropriation or appropriation of segregated revenues from program receipts, the agency shall propose and submit to the department a plan to assure that there are sufficient moneys, assets, or accounts receivable to meet projected expenditures under the appropriation.

(b) The department may approve, disapprove, or approve with modifications each plan submitted by an agency under par. (a). If the department approves a plan, or approves a plan with modifications, the department shall forward the plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed plan within 14 working days after the date of the secretary's submittal, any portion of the plan which that does not require the action of the legislature or the action of the committee under another law may be implemented. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the joint committee on finance notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, no part of the plan may be implemented without the approval of the committee in accordance with applicable law, or without the approval of the legislature if legislative approval is required.

Note: Subdivides long provision to improve readability. Inserts specific references.

149,66 Section 66. 16.517 of the statutes is renumbered 16.517 (1) and amended to read:

16.517 (1) No later than 30 days after the effective date of each biennial budget act, the department shall provide to the joint committee on finance a report indicating any initial modifications that are necessary to the appropriation levels established under that act for program revenue and program revenue-service appropriations as defined in s. 20.001 (2) (b) and (c) or to the number of full-time equivalent positions funded from program revenue and program revenue-service appropriations authorized by that act to account for any additional funding or positions authorized under s. 16.505 (2) or (2m) or 16.515 in the fiscal year immediately preceding the fiscal biennium of the budget that have not been included in authorizations under the biennial budget act but which that should be included as continued budget authorizations in the fiscal biennium of the budget. Such modifications

(2) Modifications under sub. (1) shall be limited to adjustment of the appropriation or position levels to the extent required to account for higher base levels for the fiscal year immediately preceding the fiscal biennium of the budget due to appropriation or position increases authorized under s. 16.505 (2) or (2m) or 16.515 during the fiscal year immediately preceding the fiscal biennium of the budget.

(3) If the cochairpersons of the joint committee on finance do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications under sub. (1) within 14 working days after the date of receipt of the department's report, the department may make the modifications specified in the report. If, within 14 working days after the date of the department's report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed modifications, the department may not make the modifications specified in the report until the committee approves the report.

Note: Subdivides long provision and inserts cross-references for improved readability.

149,67 Section 67. 16.85 (8) and (11) of the statutes are renumbered 16.8511 (1) and (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.

149,68 Section 68. 16.85 (15) of the statutes is amended to read:

16.85 (15) Provide To provide or contract for the provision of professional engineering, architectural, project management and other building construction services on behalf of school districts for the installation or maintenance of electrical and computer network wiring. The department shall assess fees for services provided under this subsection and shall credit all revenues received to the appropriation account under s. 20.505 (1) (im).

Note: Conforms the form of this provision with that of the other subsections under s. 16.85.

149,69 Section 69. 16.8511 (title) of the statutes is created to read:

16.8511 (title) Secretary of administration; powers, duties.

Note: See the previous section of this bill.

149,70 Section 70. 16.854 (3) of the statutes is amended to read:

16.854 (3) It shall be a goal of the department, with regard to each of the contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses. Sections 16.85, 16.8511, 16.855, and 16.87 do not 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.

149,71 Section 71. 21.75 (9) of the statutes is amended to read:

21.75 (9) Statutes of limitations. The period of active state service may not be included in computing any period for the bringing of any action or proceeding in any court or before any public agency, as defined in s. 36.54 (2) (a) 2., by or against a person in active state service or by or against his or her heirs, executors, administrators personal representatives, or assigns, whether the cause of action or proceeding or the right to bring the action or proceeding accrued before or during the period of active state service.

Note: Replaces "executors" and "administrators" consistent with 2001 Wis. Act 102.

149,72 Section 72. 23.25 (1) of the statutes is amended to read:

23.25 (1) The department shall do all of the following:

(a) Determine the correct and most appropriate names of the lakes, streams, places, and other geographic features in the state, and the spelling thereof; of those names.

(b) Pass upon and give names to lakes, streams, places, and other geographic features in the state for which no single generally accepted name has been in use;.

(c) In cooperation with county boards and with their approval, change the names of lakes, streams, places, and other geographic features with the end in view of eliminating in order to eliminate, as far as possible, duplication of names within the state;.

(d) Prepare and publish an official state dictionary of geographic names and publish the same dictionary, either as a completed whole, or in parts, when ready;.

(e) Serve as the state representative of the U.S. geographic board and cooperate with the said U.S. geographic board to the end so that there shall be no conflict between 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.

149,73 Section 73. 24.05 of the statutes is amended to read:

24.05 Survey of lands. Whenever it shall appear appears necessary to the board necessary that surveys should be made in order to ascertain the true boundaries of any tract or portion of the public lands, or to enable it the board to describe and dispose of the same any tract or portion of the public lands in suitable and convenient lots, it the board may cause all such necessary surveys to be made.

Note: Conforms verb to current style and inserts specific references.

149,74 Section 74. 24.06 of the statutes is amended to read:

24.06 Plat of lands. The board may subdivide any parcel of public lands into smaller parcels or village lots, with streets and alleys if necessary, whenever it believes a larger net price can be obtained by selling the land in such smaller parcels or lots. A survey and plat of such the subdivision, verified by its maker as true and correct, shall be returned and recorded in the office of the board, and the parcels or lots designated thereon on the survey and plat shall be appraised before they the parcels or lots are offered for sale. Such The subdivision shall be ordered, the proceedings therefor for the subdivision governed, and such the appraisal made in substantial accord compliance with s. 24.08.

Note: Replaces disfavored terms and inserts specific references.

149,75 Section 75. 24.09 (1) (b) of the statutes is amended to read:

24.09 (1) (b) Lands required for federal, state, county, city, village, town, or school district use may be sold at the appraised value to, or exchanged for land of approximately equivalent value with, the federal government, other state departments, boards or commissions, counties, cities, villages, towns, or school districts.

Note: Inserts commas for improved readability.

149,76 Section 76. 24.11 (2) of the statutes is amended to read:

24.11 (2) Purchaser to pay taxes. The board shall insert in every contract or certificate of sale of public land a clause providing that the vendee, and the vendee's heirs, administrators personal representatives, or assigns shall pay or cause to be paid all taxes that are or that may be assessed against the land from and after the date of the said contract or certificate of sale.

Note: Replaces "administrators" in accordance with 2001 Wis. Act 102. Deletes "and after" as redundant.

149,77 Section 77. 24.11 (4) of the statutes is amended to read:

24.11 (4) Special terms for escheated lands. Upon the sale of any escheated lands the entire purchase price shall be paid at the time of the sale; whereupon the. The board shall then execute and deliver to the purchaser a quitclaim deed of conveyance which shall vest that vests in the grantee all the right, title, and interest of the state in or to the land, and every right of action which that the state has respecting the same; but no land. No covenant or warranty of title, or of continued enjoyment, or against encumbrances, shall be expressed in or implied from such the quitclaim deed or any words therein in the quitclaim deed. If by virtue of a better title a recovery of such land be had by, any other person or party recovers the land within 20 years after such a purchase under this subsection, the state shall refund to the purchaser, or to the purchaser's assigns or legal representatives, the amount paid by the purchaser for the land, together with interest thereon on the amount paid by the purchaser at the rate of 6% per year from the date of the purchase until the date of recovery, and also the amount of all taxes on the land actually paid by the purchaser with like interest on each payment from the time of payment to the date of 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.

149,78 Section 78. 24.12 of the statutes is amended to read:

24.12 Forfeit for failure to pay. Every purchaser of any lot or tract at any sale as aforesaid under s. 24.11 shall pay the amount of the purchase money required by the terms of sale to be paid in hand immediately after having bid off the same; and if as provided in s. 24.11 (1). If the purchaser shall refuse or neglect refuses or neglects to so pay, the lot or tract so bid off by the purchaser shall again be offered for sale; and the. The purchaser shall, for such refusal or neglect refusing or neglecting to pay, forfeit $25 for each lot or tract so bid off by the purchaser, which the board shall, in the name of the state, cause to be immediately sued for and collected, and, when collected , paid into the school fund.

Note: Divides long sentence, inserts specific references, and replaces the passive voice with the active.

149,79 Section 79. 24.14 of the statutes is renumbered 24.14 (1) and amended to read:

24.14 (1) Any person who has purchased from the United States or entered any of the In this section, "subject lands" means lands patented to this state as swamp and overflowed lands, or lands patented in lieu of such swamp and overflowed lands,.

(2) Any person who has purchased from the United States or entered any subject lands prior to the execution of such Unites States patents to this state for the subject lands, may whenever such those entries have been canceled by the United States on account of a conflict with the right and title of this state to such the subject lands, purchase the subject lands from this state, prior to the date fixed for the public sale thereof, such lands so purchased or entered from the United States of the subject lands, upon making satisfactory proof to the board that such the person is the identical person, or the heir, legal representative, or assign of the person, who purchased or entered such the subject lands as aforesaid provided in this subsection, and upon paying to this state for such the subject lands the same price at which such the purchase or entries were made from the United States; but nothing. Nothing contained in this chapter shall impair impairs the rights acquired by any person who has preempted any such subject lands under the laws of this state.

Note: Subdivides section, inserts definition, replaces disfavored terms, and deletes unnecessary verbiage.

149,80 Section 80. 24.145 of the statutes is renumbered 24.145 (1) and amended to read:

24.145 (1) It is declared that none of the swamp and overflowed lands heretofore granted to this state pursuant to an act of congress entitled "An Act to enable the state of Arkansas and other states to reclaim the swamp lands within their limits", approved September 28, 1850, and the proceeds derived from the sale thereof, of those lands which that have not heretofore been actually applied for reclamation of such those lands, are necessary for the purpose of reclaiming any such swamp and overflowed lands by construction of levees and drains or otherwise.

(2) All such swamp and overflowed lands described in sub. (1) and the proceeds derived from the sale thereof of those lands including those placed and being in the drainage fund pursuant to chapter 537, laws of 1865, which that have not been actually applied for the purpose of reclaiming such those lands, shall be and they are made a part of the normal school fund. This section shall be controlling controls over any inconsistent act or statute.

Note: Subdivides section, replaces disfavored terms, and deletes unnecessary verbiage.

149,81 Section 81. 24.15 of the statutes is amended to read:

24.15 Private sale. All public lands, including forfeited lands and mortgaged lands bid in by the state, which shall have once been offered or reoffered at public sale and remain unsold, shall be subject to private sale at the minimum price fixed therefor for the sale of the land by law to the person first making application therefor for the purchase of the lands, if the person forthwith immediately complies with the term of sale; but if. If 2 or more persons shall apply at the same time to purchase any of such the same lands under this section, the same lands shall be offered to the highest bidder, and the applicant who will pay the highest price shall be the purchaser.

Note: Replaces disfavored terminology with specific references.

149,82 Section 82. 24.16 of the statutes is renumbered 24.16 (intro.) and amended to read:

24.16 Applications for private sale. (intro.) Every person making application under s. 24.15 for the purchase at private sale of any such public lands shall file in the office of the board an application in writing, describing the lot or tract which that the person proposes to purchase by the proper number of the section, township and range, and the subdivision of the section, with the person's name subscribed thereto to the application. The board shall, if the land applied for may then be sold, enter do all of the following:

(1) Enter on books kept for that purpose a note of such the application, specifying the day when made, the name of the applicant, and the description of the land applied for, and shall also give.

(2) Give to such the applicant a memorandum signed by the executive secretary of the board, stating such the application and, describing the lot or tract applied for, and stating the price at which the same lot or tract may be sold and the amount to be paid at the time of the sale, which memorandum shall be signed by the executive secretary of the board.

Note: Subdivides provision, reorders text, and replaces disfavored terminology with specific references.

149,83 Section 83. 24.17 (1) of the statutes is amended to read:

24.17 (1) When the purchaser of any such public lands shall make makes payment to the secretary of administration of the amount required to be paid on such the sale, and, in case of a private sale, shall also produce produces the memorandum mentioned described in s. 24.16, the secretary of administration shall give a receipt therefor to such the purchaser for the amount paid, and, unless such the sale be made is wholly for cash, the board shall execute and deliver to such person the purchaser a duplicate certificate of sale, in which it the board shall certify all of the following:

(a) The description of the land sold;.

(b) The sum paid and the amount remaining due thereon;.

(c) The times, place, and terms of payments;.

(d) That if such the payments shall be duly are made in accordance with the terms stated in the certificate of sale, the purchaser, or the purchaser's assigns or other legal representatives, shall be entitled to a patent for such the land;.

(e) And that That in case of the nonpayment into the state treasury of any of the following, the certificate of sale from the time of the nonpayment shall be void and the board may take possession of and resell the land described in the certificate:

1. The purchase money as it shall become becomes due, or of the.

2. The interest thereon on the purchase money by the first day of February in each year or on or before the next following June 30th thereafter, or of any.

3. Any taxes lawfully assessed thereon on the lands described in the certificate and then remaining unpaid by the purchaser or purchasers or by any person claiming under the purchaser or purchasers, then that the said certificate from the time of such failure shall be utterly void and of no effect, and that the board may take possession 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.

149,84 Section 84. 24.17 (2) of the statutes is amended to read: