AB933: Bill Text

LRB-1160/1

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 933

May 1, 2002 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB933,1,5 An Act relating to: repealing, consolidating, renumbering, amending, and revising various provisions of the statutes for the purpose of correcting errors, supplying omissions, correcting and clarifying references, and eliminating defects, anachronisms, conflicts, ambiguities, and obsolete provisions (Revisor's Revision Bill).

Analysis by the Legislative Reference Bureau

This revisor's revision bill is explained in the Notes provided by the revisor of statutes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Introductory Note: This revision bill, prepared and presented under s. 13.93 (2) (j), replaces obsolete references to persons authorized to administer decedents' estates and modernizes language, style, and numbering in otherwise affected provisions.

Historically, a person named in a will to administer the decedent's estate was denominated the executor and issued letters testamentary. If a person died without a will, the court appointed an administrator and issued letters of administration. In certain special cases in which no executor or administrator was appointed, persons denominated by various titles were granted authority to administer a decedent's estate or to take certain actions regarding the estate. Chapter 300 of the Laws of 1953 introduced the term "personal representative" into the probate code and included the following definition:

"Personal representative" includes executor, administrator, special administrator, administrator de bonis non, administrator with will annexed, ancillary administrator and public administrator, when the latter is administering an estate, but does not include guardian or trustee.

Chapter 300 of the Laws of 1953 used the term "personal representative" in several new and substantially amended statutes in the probate code but did not otherwise replace the previously used statutory terminology either within the probate code or in other statutes.

Chapter 339 of the Laws of 1969 completely revised and renumbered the probate code. The terms "administrator" and "letters of administration" were eliminated from the probate code and the term "executor" was replaced except in chs. 856 and 879, where it was (and still is) used to refer to the person named in a will to administer the estate prior to court authorization. Under the revised probate code, a person authorized by a court to administer an estate, whether or not nominated by will, except in very limited circumstances, was denominated as a "personal representative," defined in s. 851.23 as follows:

"Personal representative" means any person to whom letters to administer a decedent's estate have been granted by the court, but does not include a special administrator.

Neither Chapter 339 of the Laws of 1969 nor 1997 Wisconsin Act 188, which made major changes to the probate code, made any changes to conform the terminology used in statutes outside of the probate code with that used in the probate code. As a result, throughout the statutes, there are many references to "executors and administrators" rather than "personal representatives," many of which predate the 1953 introduction of the term "personal representative" into the probate code.

This bill revises the terminology outside of the probate code regarding persons administrating the estates of decedents for conformity with terminology used in the probate code by replacing "executors and administrators" with "personal representatives." A definition of "personal representative" as "a person, however denominated, who is authorized to administer a decedent's estate," applicable to all statutes except the probate code, is added to s. 990.01. The use of "executor" in chs. 856 and 879 is eliminated and replaced with the phrase "person named in the will to act as personal representative." References to letters authorizing administration of an estate are changed to "letters testamentary or other letters authorizing the administration of the decedent's estate."

This bill, under s. 13.93 (1) (b), also renumbers ch. 777, currently titled "Actions By and Against Executors, Administrators, Heirs and Legatees," to ch. 877 to locate it within the probate code with all other statutes that relate directly to the administration of the estates of decedents.

Throughout the bill other revisions are made to modernize language and structure for the purpose of adding specific references, improving readability, and increasing conformity of the affected provisions with current style. The subdivision of long provisions and sentences into smaller numbered units is especially emphasized. In accordance with a change in drafting style, commas are added before the last item in a series. The term "which" is replaced with "that" where grammatically correct. Specific changes are explained in notes inserted by the Revisor throughout the bill.

No substantive change to any affected statute is intended to be made by this bill.

AB933, s. 1 Section 1. 18.62 of the statutes is renumbered 18.62 (intro.) and amended to read:

AB933,3,7 18.62 Revenue obligations as legal investments. (intro.) Any other provision of law to the contrary notwithstanding, the any of the following may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any revenue obligations issued under this subchapter, which shall be authorized security for all public deposits:

AB933,3,9 (1) The state, the investment board, all public officers, municipal corporations, political subdivisions, and public bodies, all banks.

AB933,3,13 (2) Banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all executors, administrators .

AB933,3,17 (3) Personal representatives, guardians, trustees, and other fiduciaries, may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any revenue obligations issued under this subchapter. Such revenue obligations shall be authorized security for all public deposits.

Note: Text is reordered to accommodate subdivision of this provision.

AB933, s. 2 Section 2. 24.33 of the statutes is renumbered 24.33 (1) (intro.) and amended to read:

AB933,3,24 24.33 (1) (intro.) Whenever any land has been so forfeited and resold The board, within 3 months thereafter, upon proof after a resale under s. 24.32, may by a written recorded order, a copy of which shall be immediately served on the purchaser of the resold land, avoid and cancel the resale and restore and revive the certificate issued to the original purchaser of the land under s. 24.17, after all of the following occur:

AB933,4,2 (a) Proof is made that there are valuable improvements thereon and that such on the resold land.

AB933,4,5 (b) Proof is made that the forfeiture was occasioned by the death of the holder of the first certificate, or the neglect of that person's executor or administrator, and payment the first certificate holder's personal representative.

AB933,4,11 (c) Payment is made to the treasurer of in the amount actually due on such the first certificate at the time of such the resale, with interest, costs, and charges, and with interest on the amount for which such the land was sold at the rate of 10% per year, the board, by its order in writing, duly recorded, of which a copy shall be forthwith served on the last purchaser, may avoid and cancel such resale and restore and revive such first certificate. Thereafter there.

AB933,4,16 (2) Upon the surrender of the certificate, receipt, or patent given upon the resale, the purchaser of the resold land shall be paid out of the state treasury to the last purchaser the amount paid by the last purchaser and at resale, together with the said interest thereon collected of such from the person so redeeming, on surrender of the certificate, receipt or patent given the last purchaser at such resale the land.

Note: Subdivides provision, reorders text, and inserts cross-references and more specific language for improved readability and conformity with current style.

AB933, s. 3 Section 3. 30.35 (7) (d) of the statutes is amended to read:

AB933,4,19 30.35 (7) (d) Administrators, executors Personal representatives, guardians, trustees, and other fiduciaries.

AB933, s. 4 Section 4. 30.541 (3) (d) 1. a. and b. of the statutes are amended to read:

AB933,5,2 30.541 (3) (d) 1. a. Evidence satisfactory to the department of the appointment of a trustee in bankruptcy or of the issuance of the letters of administration, letters testamentary or other letters authorizing the administration of a decedent's estate, letters of guardianship, or letters of trust or appointment of a trustee in bankruptcy.

AB933,5,4 b. Title executed by the administrator, executor personal representative, guardian, or trustee.

AB933, s. 5 Section 5. 36.29 (2) of the statutes is amended to read:

AB933,5,19 36.29 (2) All gifts, grants, or bequests under sub. (1) may be made to the board, the president, a chancellor, or any officer, or to any person as trustee, or may be charged upon any executor personal representative, trustee, heir, devisee, or legatee, or made in any other manner indicating an intention to create a trust, and may be made as well for the benefit of the system or any of its institutions, colleges, schools, departments, or facilities to provide any means of instruction, illustration, or knowledge in connection therewith, or for the benefit of any students or any class or group of students whether by way of scholarship, fellowship, or otherwise, or whether for the benefit of students or any class or group of students in any course, subcourse, special course, postgraduate course, summer school or teachers course, oratorical or debating course, laboratory, shop, lectureship, drill, gymnasium or any other like division or department of study, experiment, research, observation, travel, or mental or physical improvement in any manner connected with the system, or to provide for the voluntary retirement of any of the faculty.

AB933, s. 6 Section 6. 39.32 (6) of the statutes is amended to read:

AB933,6,5 39.32 (6) The board shall satisfy the loan of any student who obtained a loan under this section or under s. 39.023, 1965 stats., between July 1, 1966, and December 15, 1968, where such if the student died or dies after July 1, 1966, and before completing repayment thereof of the loan, and shall write off the balance of principal and interest owing on the loan on the date it that the board received confirmation of such the student's death. Obligation to repay such a loan shall terminate on the date of the student's death and any payments made thereon on the loan to the board after such the date of the student's death shall be refunded to the payor or the payor's heirs, executor or administrator personal representative upon receipt by the board of an application for refund.

AB933, s. 7 Section 7. 45.37 (10) (d) of the statutes is amended to read:

AB933,6,10 45.37 (10) (d) A person who at the time of death is a member of the home is a resident of Waupaca County for the probate of the person's will and, issuance of letters testamentary or other letters authorizing the administration of the decedent's estate, and the administration of the estate.

AB933, s. 8 Section 8. 59.35 (2) of the statutes is amended to read:

AB933,6,18 59.35 (2) The coroner shall be responsible for every default or misconduct in office of a deputy coroner during the coroner's term of office, and after the coroner's death, resignation, or removal from office of the coroner, as well as before; and an. An action for any such default or misconduct under this subsection may be prosecuted against the coroner and the sureties on the coroner's official bond or against the executors and administrators of the coroner coroner's personal representative.

AB933, s. 9 Section 9. 66.0823 (13) of the statutes is renumbered 66.0823 (13) (a) (intro.) and amended to read:

AB933,7,2 66.0823 (13) (a) (intro.) Public officers and agencies of the state, political subdivisions, insurance companies, trust companies, banks, savings banks, savings and loan associations, investment companies, personal representatives, executors, administrators, trustees and other fiduciaries Any of the following may properly and legally invest funds, including capital in their control or belonging to them, in bonds of the authority.:

AB933,7,6 (b) The authority's bonds are securities that may properly and legally 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.