April 30, 1998 - Introduced by
Law Revision Committee. Referred to Committee
on Judiciary.
AB970,1,5
1An Act relating to: repealing, consolidating, renumbering, amending and
2revising various provisions of the statutes for the purpose of correcting errors,
3supplying omissions, correcting and clarifying references, and eliminating
4defects, anachronisms, conflicts, ambiguities and obsolete provisions (Revision
5Bill).
Analysis by the Legislative Reference Bureau
This bill is prepared pursuant to s. 13.93 (2) (j), stats., for the purpose of
modernizing statutory structure and language in order to increase conformity with
current statutory style and to improve user readability and accessibility.
Throughout this bill, the word form of numbers is replaced by digits; disfavored
language is replaced with preferred terms and spellings; long sentences and
statutory units are subdivided or otherwise shortened; and nonspecific articles and
references are replaced. Some punctuation has been changed to accommodate the
other changes. Notes provided by the revisor of statutes bureau in the body of the
bill indicate the treatments that have been made to the specific statutory units. No
substantive changes are intended.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB970, s. 1
1Section
1. 59.64 (1) (c) (title) of the statutes is amended to read:
AB970,2,22
59.64
(1) (c) (title)
Of judicial officers court commissioners.
AB970, s. 2
3Section
2. 59.64 (1) (c) of the statutes is renumbered 59.64 (1) (c) 1. and
4amended to read:
AB970,2,95
59.64
(1) (c) 1. (intro.) Court commissioners shall, on or before the first Monday
6of November in each year, forward to the clerk of their respective counties a correct
7statement of all actions or proceedings had before them, during the immediately
8preceding year, in which the county became liable for costs
, giving the. The
9statement shall include all of the following:
AB970,2,10
10a. The names of the parties in each action or proceeding
, the.
AB970,2,11
11b. The nature and result of
the same, the each action or proceeding.
AB970,2,12
12c. The amount of costs in detail in each
case and what action or proceeding.
AB970,2,14
13d. The items of costs
awarded, if any,
which have been paid and the amount
14thereof of each payment.
AB970,2,20
152. The clerk shall file
such the statements
described in subd. 1. in his or her
16office. Any
such officer court commissioner who neglects to make and return
such 17the statements within the time prescribed in
this paragraph subd. 1. shall not receive
18any compensation from the county for any service rendered by him or her in any
19criminal case or proceeding during the year next preceding the time when the
20statement is required to be made and returned.
Note: Clarifies references to court commissioners. This provision referred to "other
officers" as it previously included county judges and municipal justices. Other language
is replaced and the provision subdivided for improved readability and conformity with
current style.
AB970, s. 3
21Section
3. 59.64 (1) (d) 1. of the statutes is renumbered 59.64 (1) (d) 1. (intro.)
22and amended to read:
AB970,3,7
159.64
(1) (d) 1. (intro.) At least 10 days before the annual meeting of the board
, 2every
such officer court commissioner shall make and file with the clerk a certified
3statement of all actions or proceedings had or tried before him or her
within the year
4next preceding the date of the statement in which the state was a party
, and
wherein 5in which the county became liable for the fees of officers
,within the year next
6preceding the date of the statement, showing the who appeared on the part of either
7the state or a defendant. The statement shall include all of the following:
AB970,3,8
8a. The title and nature of the action or examination
,.
AB970,3,9
9b. The date of trial
, the.
AB970,3,12
10c. The names of all officers
, who actually attended court and gave in a
11statement of their attendance and travel
; and also such on the part of the defendant
12as were allowed against the county, and the
AB970,3,13
13d. The amount to which
they the officers are severally entitled.
AB970,3,15
141m. The statement
described in subd.1 shall be substantially in the following
15form:
AB970,3,16
16State of Wisconsin
AB970,3,19
19In .... Circuit Court for .... County
AB970,3,2020
Complaint for ....
AB970,3,2121
Before ...., ....
Judge Court Commissioner.
AB970,3,2222
Heard the .... day of ....,
19.. ....
AB970,3,2323
To the County Board of .... County:
AB970,4,424
I hereby certify that in the foregoing entitled action the following named
25persons rendered services
therein, and attended before me in the capacity stated
,
1and. I further certify that the
following named persons are severally entitled to the
2amounts specified below for
the services, attendance and travel,
and that the
3services were actually and necessarily rendered, and
said that the action was
4prosecuted in good faith:
AB970,4,75
A.B.
.... (constable or sheriff), actually and necessarily traveled in serving the
6.... herein, .... miles, and attended court .... days, and is entitled to
$....
dollars for
7other just and lawful services in the cause, and in all is entitled to
$....
dollars.
AB970,4,88
Dated this .... day of ....,
19.. ....
Note: Clarifies references to court commissioners. This provision referred to "other
officers" as it previously included county judges and municipal justices. Also clarifies that
"such on the part of the defendant" applies to appearances by officers on behalf of
defendants and not to the award of any fees to defendants. Other language is reordered
and replaced and the provision subdivided for improved readability and conformity with
current style. Modifies date for new millennium.
AB970, s. 4
9Section
4. 63.36 (1) of the statutes is amended to read:
AB970,4,2010
63.36
(1) The board shall control all examinations, and may, whenever an
11examination is to take place, designate a suitable number of persons, either in or not
12in the official service of the city, to be examiners, and the examiners shall make
13return or report
thereof of the examination to the board. The board may, at any time,
14substitute any other person, whether or not in
such
the official service
of the city, in
15the place of
any one anyone so selected. The board may themselves, at any time, act
16as
such examiners
, and under this section without appointing examiners. The
17examiners, at any examination, shall not all be members of the same political party
,
18and no. No person shall serve in an examination of
candidates a candidate for office
19under ss. 63.18 to 63.53
in case of who is a relative or
connection connected by
20marriage within the degree of first cousin.
Note: Replaces language for greater clarity and readability.
AB970, s. 5
21Section
5. 70.22 (1) of the statutes is amended to read:
AB970,5,13
170.22
(1) In case one or more of
two 2 or more executors of the will or
2administrators or trustees of the estate of a decedent
, whose domicile at the time of
3the decedent's death was in this state
, shall are not
be residents
within of the state,
4the taxable personal property belonging to
such the estate shall be assessed to the
5executors, administrators or trustees residing in this state. In case there
shall be two 6are 2 or more executors, administrators or trustees of the same estate residing in this
7state, but in different
assessment taxation districts, the assessment of
such the
8taxable personal property
belonging to the estate shall be in the name of all
such of
9the executors, administrators or trustees
of the estate residing in this state. In case
10the executor, administrator
, or trustee, or all of them if more than one,
shall do not
11reside in this state,
such the taxable personal property
belonging to the estate may
12be assessed in the name of
such the executors or administrators or in the name of
13such the estate.
Note: Replaces word form of numbers with digits, corrects grammar and replaces
language for greater conformity with current style.
AB970, s. 6
14Section
6. 70.22 (2) of the statutes is renumbered 70.22 (2) (a) and amended
15to read:
AB970,5,2116
70.22
(2) (a) The taxes imposed pursuant to
such an assessment
under sub. (1) 17may be enforced as a claim against the estate, upon presentation of
such a claim
for
18the taxes by the treasurer of
such the taxation district to the court in which the
19proceedings for the probate of
such the estate are pending
, and upon. Upon due proof
20such, the court shall allow and order the
same claim to be paid
; and before the
21allowance of.
AB970,6,3
22(b) Before allowing the final account of a nonresident executor, administrator
23or trustee
, the court shall ascertain whether there are or will be any taxes remaining
1unpaid or to be paid on account of personal property belonging to the estate, and shall
2make
such any order or direction
as may be that is necessary to provide for the
3payment
thereof of the taxes.
AB970,6,6
4(3) The
foregoing provisions
of this section shall not impair or affect any
5remedy given by other provisions of law for the collection or enforcement of taxes
6upon personal property assessed to executors, administrators or trustees.
Note: Subdivides provision and replaces language for greater readability and
conformity with current style.
AB970, s. 7
7Section
7. 70.23 (2) of the statutes is amended to read:
AB970,6,148
70.23
(2) When
two 2 or more lots or tracts owned by the same person are
9deemed considered by the assessor
to be so improved or occupied with buildings as
10to be practically incapable of separate valuation,
they the lots or tracts may be
11entered as one parcel. Whenever any tract, parcel or lot of land
shall have has been
12surveyed and platted and a plat
thereof of the platted ground recorded according to
13law, the assessor shall designate the several lots and subdivisions of
such the platted
14ground as
they the lots and subdivisions are fixed and designated by
such the plat.
Note: Replaces word form of numbers with digits and replaces language for greater
conformity with current style.
AB970, s. 8
15Section
8. 70.73 (1) of the statutes is renumbered 70.73 (1) (a) and amended
16to read:
AB970,6,1917
70.73
(1) (a)
Whenever it shall be If it is discovered by any town, village or city
18clerk or treasurer that any parcel of land has been erroneously described on the tax
19roll the clerk or treasurer shall correct the description.
Whenever
AB970,7,4
20(b) If a town, village or city clerk or treasurer
shall discover discovers that
21personal property has been assessed to the wrong person, or
two 2 or more parcels
22of land belonging to different
individuals or corporations persons have been
1erroneously assessed together on the tax roll, the clerk or treasurer shall notify the
2assessor and all parties interested, if
the parties are residents of the county, by notice
3in writing to appear at the clerk's office at some time, not less than
five 5 days
4thereafter, to correct the assessment roll
, at which.
AB970,7,11
5(c) At the time and place
designated in the notice given under par. (b), the
6assessment roll shall be corrected by entering the
correct names of the persons liable
7to assessment
thereon, both as to real and personal property, describing each parcel
8of land and giving
its the proper valuation to each parcel separately owned
; but the.
9The total valuation
so given to
the separate tracts of real estate shall
not together
10exceed nor be less than be equal to the valuation given to the same property when
11the several parcels were assessed together.
Such
AB970,7,17
12(d) The valuation of parcels of land or correction of names of persons
whose
13personal property is assessed
with personal property under this subsection may be
14made at any time before the tax roll
shall be is returned to the county treasurer for
15the year in which
such the tax is levied.
Such The valuation or correction of names,
16when
so made
under this subsection, shall be held just and correct and be final and
17conclusive.
Note: Subdivides provision and replaces language for greater readability and
conformity with current style.
AB970, s. 9
18Section
9. 70.99 (3) (a) of the statutes is amended to read:
AB970,8,419
70.99
(3) (a) The state department of employment relations shall recommend
20a reasonable salary range for the county assessor for each county based upon pay for
21comparable work or qualifications in
such that county. If
, by contractual agreement
22under s. 66.30
two, 2 or more counties join to employ one county assessor with the
23approval of the secretary of revenue, the department of employment relations shall
1recommend a reasonable salary range for the county assessor under
such the 2agreement. The department of revenue shall assist the county in establishing the
3budget for
the county assessor's offices, including the number of personnel and their
4qualifications, based on the anticipated workload.
Note: Replaces word form of numbers with digits and replaces language for greater
conformity with current style.
AB970, s. 10
5Section
10. 75.26 (1) of the statutes is renumbered 75.26 (1) (a) (intro.) and
6amended to read:
AB970,8,107
75.26
(1) (a) (intro.) No action
shall
may be maintained by the grantee or
any
8one anyone claiming under the grantee to recover the possession of any land or any
9interest
therein in land which
shall have has been conveyed by deed for the
10nonpayment of taxes unless
such one of the following conditions is met:
AB970,8,12
111. The action
shall be is brought within
three 3 years next after the date of the
12execution of
such the deed
; or if such.
AB970,8,15
132. The land demanded
shall be is, when
so conveyed, vacant and unoccupied
14and
remains so
remain, unless
such the action
be is brought within
three 3 years next
15after the date of the recording of
such the deed
, or unless such.
AB970,8,19
163. The grantee or those claiming under the grantee
shall have been in actual,
17not constructive, possession of the land
so demanded for
three 3 successive years
18during the
five 5 years next after the recording of
such the deed
; provided, however,
19that.
AB970,9,3
20(b) Notwithstanding par. (a), if the former owner takes possession of any
such 21land
conveyed by deed for the nonpayment of taxes at any time within
three the 3 22months
of after the expiration of
three 3 years from the date of the execution of
such 23the deed,
then and in such case the grantee in
such the tax deed or those claiming
1under the grantee may bring and maintain an action to recover possession of
said the 2land at any time within
three the 3 months
next after the expiration of
said three 3 3years
from the date of the execution of the deed.
Note: Subdivides provision, replaces word form of numbers with digits, inserts
punctuation and deletes and replaces language for greater conformity with current style.
AB970, s. 11
4Section
11. 75.26 (2) of the statutes is amended to read:
AB970,9,115
75.26
(2) (title)
Tax deed void, when voided. Whenever If the original owner,
6or
any one anyone claiming under the original owner, of lands
which that have been
7conveyed by deed for the nonpayment of taxes,
shall continue to pay pays the taxes
8upon such lands, and shall pay the taxes assessed against
said the lands
9continuously for
five the 5 years
next after the execution of
such the tax deed, without
10actual notice of the existence of
such the tax deed,
said the tax deed
shall be is void
11and of no effect.
Note: Replaces word form of numbers with digits, deletes redundant phrase and
replaces language for greater conformity with current style.
AB970, s. 12
12Section
12. 75.28 (1) of the statutes is renumbered 75.28 (1) (intro.) and
13amended to read:
AB970,9,1714
75.28
(1) (intro.) The limitation for bringing actions
as provided in under s.
1575.27 or any other limitation in favor of a tax deed or a tax certificate, except in case
16of actual possession founded on a tax deed
, shall
or as otherwise provided in this
17section, does not apply
where the in the following cases:
AB970,9,20
18(a) If the taxes
, for the nonpayment of which the land was included in a tax
19certificate and the tax deed executed
, were paid prior to the inclusion of the land in
20the tax certificate
, or where.
AB970,9,21
21(b) If the land was redeemed as provided by law
or where.
AB970,10,2
1(c) If the land was
not liable to exempt from taxation
; nor shall such limitation
2apply where a.
AB970,10,6
3(d) If a single tax deed only has been issued and the original owner has, before
4the issuance of
such the tax deed, paid all taxes levied against the land for the 3 years
5ensuing after the year for which the land was returned delinquent and sold
, except
6as herein provided.
Note: Subdivides provision, reorders text and replaces language for greater
readability and conformity with current style.
AB970, s. 13
7Section
13. 75.28 (2) of the statutes is renumbered 75.28 (2) (a) and amended
8to read:
AB970,10,179
75.28
(2) (a) The tax deed grantee or the assigns of the tax deed grantee may,
10at any time after the tax deed is issued and recorded, serve a notice on the owner of
11record of the original title, stating that he, she or they hold a tax deed on the land
12of
such the original owner and giving a description of the land so deeded and a
13reference to the volume and page where
such the tax deed is recorded
, which. The 14notice shall be served in the same manner as a summons in a court of record or by
15registered mail, addressed to
such the owner of record
and proof. Proof of
which 16service
of the notice shall be filed in the office of the
county clerk of the county in
17which the lands are situated.
AB970,11,3
18(b) If the post-office address of the owner of record of the original title is
19unknown, the tax deed grantee, or the assigns of the tax deed grantee, may
, upon
20filing file in the office of
such
the county clerk
of the county in which the lands are
21situated an affidavit that he, she or they are unable, with due diligence, to make
22personal service of
such the notice or to ascertain the post-office address of
such the 23former owner
,. Upon filing the affidavit, the tax deed grantee, or the assigns of the
1tax deed grantee, may publish
such the notice as a class 3 notice, under ch. 985, in
2the county where the land described in the tax deed is located
and proof. Proof of
such 3publication
of the notice shall be filed in the office of
such the county clerk.
Note: Subdivides provision, shortens sentences and replaces language for greater
readability and conformity with current style.
AB970, s. 14
4Section
14. 75.28 (3) of the statutes is renumbered 75.28 (3) (a) and amended
5to read:
AB970,11,136
75.28
(3) (a) If
such the notice
be described in sub. (2) is served and filed
, or
such 7if the notice
is published and proof of publication
is filed
thirty, 30 days or more before
8the expiration of
three 3 years from the date of recording the tax deed, the limitation
9provided by s. 75.27
shall apply. If such applies. If the notice is not so served and
10filed, or
if the notice is not published and proof
of publication is not filed, the
11limitation
provided by said under s. 75.27
shall be is extended until the expiration
12of
thirty 30 days
from and after the day
such on which the notice is served and filed
13or published and proof filed.
AB970,11,21
14(b) In any action brought by the original owner to set aside
such a tax deed after
15the service or publication and filing of the notice
aforesaid described in sub. (2), the
16original owner, in case the original owner prevails, shall as a condition of relief pay
17to the tax deed claimant the sum of
five dollars
$5 for each description and the costs
18of serving or publishing the
aforesaid notice, in addition to all other costs and charges
19now provided for by law. The provisions of law regulating costs and charges for the
20service of a summons in a court of record
shall apply to and govern the amount that
21may be charged for the service or publication of
such
the notice.
Note: Subdivides provision, replaces word form of numbers with digits, adds
commas and replaces language for greater readability and conformity with current style.
AB970, s. 15
22Section
15. 75.29 of the statutes is renumbered 75.29 (1) and amended to read:
AB970,12,5
175.29
(1) No Subject to sub. (2), no action to quiet title,
to remove a cloud on
2title
,; to cancel,
to annul or
to set aside any tax deed
, nor; of ejectment,
of trespass,
3of waste or for other injury to land shall be brought as to lands purporting to be
4conveyed by
a tax deed void on its face after the expiration of
three 3 years from the
5time of the recording of
such the deed.
Provided, that the
AB970,12,7
6(2) The limitation
herein declared shall period under sub. (1) does not apply
7unless
the each of the following occurs:
AB970,12,11
8(a) The original owner or those claiming under the original owner
shall have
9failed to pay or redeem all
of the taxes levied
upon such on the lands from the time
10of the levy of the tax for the nonpayment of which the tax deed was issued to the time
11of the recording of the tax deed
, nor unless the.