SB436: Bill Text

SB436, s. 177 Section 177. 59.997 (7) of the statutes, as affected by 1995 Wisconsin Act 16, is renumbered 59.997 (7) (a) and amended to read:

SB436,66,17 59.997 (7) (a) When the publication of the said consolidation agreement in each of the said counties included in the agreement is completed, of which the certificate to the judge of the circuit court of the said counties from the owner-editor or manager of each newspaper publishing the same shall be proof, the judge or judges of the circuit courts of the said those counties shall, by order entered of record in each of such the counties, require the several county clerks of the each of the counties included in the consolidation agreement to submit such the question of the consolidation of the counties to a vote of the qualified electors of such the counties.

SB436,67,4 (b) The question of the consolidation of the counties shall be submitted to the voters at the next election to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on the day fixed in said the order issued under par. (a), which day shall be the same in each of the counties proposing to consolidate. A copy of said the order shall be filed with the county clerk of each of such the counties. If such the question of consolidation is submitted at a special election, it shall be held not less than thirty 30 days nor more than sixty 60 days from the completion of the consolidation agreement, but not within sixty 60 days of any spring or general election.

Note: Subdivides provision and reorders and replaces language to improve readability and conformity with current style.

SB436, s. 178 Section 178. 59.997 (10) of the statutes is amended to read:

SB436,67,14 59.997 (10) If a majority of the votes cast in each county upon such questions the question of consolidation are in favor of the consolidation of such the counties, the judge or judges of said the circuit court courts for those counties shall enter such that fact of record in each such county. If in any one of such the counties less than a majority of the votes cast upon such the question of consolidation are in favor of the proposed consolidation, said the consolidation shall be declared to have failed for all purposes. If a majority of the votes cast upon such the question of consolidation in any county are opposed to consolidation, the question of consolidation shall not be again submitted to the electors of such that county for a period of two 2 years.

Note: Replaces language to improve readability and conformity with current style.

SB436, s. 179 Section 179. 59.997 (15) of the statutes is amended by replacing "two" with "2", in 2 places.

Note: Replaces word form of number with digits consistent with current style.

SB436, s. 180 Section 180. 60.63 (10m) of the statutes is amended by replacing "s. 252.01 (1)" with "s. 252.01 (1m)".

Note: Corrects cross-reference. Section 252.01 (1) was renumbered s. 252.01 (1m) by 1993 Wis. Act 252.

SB436, s. 181 Section 181. 62.05 (1) of the statutes is amended to read:

SB436,67,21 62.05 (1) Cities shall be divided into four 4 classes for administration and the exercise of corporate powers as follows:

SB436,68,2 (a) Cities of one hundred and fifty thousand 150,000 population and over shall constitute 1st class cities of the first class.

SB436,68,4 (b) Cities of thirty-nine thousand 39,000 and less than one hundred and fifty thousand 150,000 population shall constitute 2nd class cities of the second class.

SB436,68,6 (c) Cities of ten thousand 10,000 and less than thirty-nine thousand 39,000 population shall constitute 3rd class cities of the third class.

SB436,68,8 (d) Cities of less than ten thousand 10,000 population shall constitute 4th class cities of the fourth class.

Note: Replaces word form of numbers with digits consistent with current style.

SB436, s. 182 Section 182. 62.09 (5) (c) of the statutes is amended to read:

SB436,68,14 62.09 (5) (c) The council may, by a record vote of two-thirds of all the members, by ordinance adopted and published previous to publication of the notice of the election at which alderpersons are to be elected, provide for a division of the alderpersons into two 2 classes, one class to be elected for two 2 years and the other for four 4 years, and thereafter the term of alderpersons shall be four 4 years.

Note: Replaces word form of numbers with digits consistent with current style.

SB436, s. 183 Section 183. 62.11 (2) of the statutes is amended by replacing "six" with "6" and by replacing "third" with "3rd".

Note: Replaces word form of numbers with digits consistent with current style.

SB436, s. 184 Section 184. 62.11 (3) (b) of the statutes is amended by replacing "five" with "5".

Note: Replaces word form of number with digit for greater conformity with current style.

SB436, s. 185 Section 185. 62.12 (6) (b) of the statutes is renumbered 62.12 (6) (b) (intro.) and amended to read:

SB436,68,21 62.12 (6) (b) (intro.) The council shall not appropriate nor the treasurer pay out:

SB436,69,1 1. Funds appropriated by law to a special purpose except for that purpose,;

SB436,69,2 2. Funds for any purpose not authorized by the statutes, ; nor

SB436,69,3 3. From Funds from any fund in excess of the moneys therein.

Note: Subdivides provision for greater conformity with current style.

SB436, s. 186 Section 186. 62.13 (5m) (c) of the statutes is amended to read:

SB436,69,11 62.13 (5m) (c) The name of a subordinate dismissed for any just cause set forth in this section shall be left on an eligible reemployment list for a period of two 2 years after the date of dismissal, except that if the dismissal was for disciplinary reasons the subordinate may not be left on an eligible reemployment list. If any vacancy occurs, or if the number of subordinates is increased, in the department, such the vacancy or new positions shall be filled by persons on such the eligible reemployment list in the inverse order of the dismissal of such the persons on the list.

Note: Replaces language for greater conformity with current style.

SB436, s. 187 Section 187. 62.13 (11) of the statutes is amended to read:

SB436,69,21 62.13 (11) Fire fighters, rest day. The common council of every 4th class city of the fourth class, having a population of five thousand 5,000 or more and a fire department shall provide for, and the chief of such the fire department shall assign to each full paid member thereof, a period of twenty-four 24 consecutive hours off duty during each seventy-two 72 hours, except in cases of positive necessity by some sudden and serious fire, accident or other peril, which, in the judgment of the chief engineer or other officer in charge demands that such the day of rest be not be given at such that time. The provisions of this section shall not apply to cities having a two-platoon 2-platoon or double shift system.

Note: Replaces word form of numbers with digit for greater conformity with current style.

SB436, s. 188 Section 188. 62.15 (4) of the statutes is amended by replacing "five per cent" with "5%" and by replacing "twenty per cent" with "20%".

Note: Replaces word form of number with digit for greater conformity with current style.

SB436, s. 189 Section 189. 62.15 (9) of the statutes is renumbered 62.15 (9) (a) and amended to read:

SB436,70,7 62.15 (9) (a) Any contract for doing public work may contain a provision requiring the contractor to keep the work done under such the contract in good order or repair for not to exceed five 5 years.

SB436,70,10 (b) The inclusion in the contract of any such a provision described in par. (a) shall not invalidate any special assessment or certificate thereof or tax certificate based thereon.

Note: Renumbers provision and replaces language for greater conformity with current style.

SB436, s. 190 Section 190. 62.15 (14) of the statutes is renumbered 62.15 (14) (a) and amended to read:

SB436,70,18 62.15 (14) (a) Whenever the council of any city shall have provided by ordinance that any class of public work or any part thereof may be done directly by the city without submitting the same for bids as provided in sub. (1), and any such the public work shall be done in accordance with such the ordinance, the board of public works shall keep an accurate account of the cost thereof of the public work, including the necessary overhead expense.

SB436,70,22 (b) Upon the completion of such the work said described in par. (a), the board of public works shall make a complete report thereof of the work to the council, stating in detail the items of cost and the total cost of doing such the work, and the. The city clerk shall publish such the report as a part of the proceedings of the council.

SB436,71,3 (c) Any member of the board of public works who fails to comply with the provisions of this subsection shall be liable to a forfeiture of fifty dollars $50 to be recovered as in the case of other penalties.

Note: Renumbers provision and replaces language for greater conformity with current style.

SB436, s. 191 Section 191. 62.18 (16) (b) of the statutes is renumbered 62.18 (16) (b) 2. and amended to read:

SB436,71,20 62.18 (16) (b) 2. Said The tax under par. (a) is declared to be a special tax for local improvement, as defined in s. 76.23 and when. When any company defined in s. 76.02 owns operating real property (other than poles, towers, wires, equipment, mains, lines, tracks and other service structures located within the limits of public highways or constructed and maintained on private rights-of-way, and conduits, cables, devices, equipment and other facilities located upon or in such operating real property) within such a sewer district described in par. (a), the assessor in such the sewer district shall determine the value of said the operating real property of all such companies as lie located within the district, which. The value of the operating real property shall be determined on the same basis as is the value of other real property subject to such the special tax. Such The valuation of the operating real property shall be placed upon the tax roll for the purposes of such the special tax only. The tax so assessed to such the companies owning operating real property within the district shall be collected as other special sewer district taxes of the district are collected.

Note: Replaces language for greater readability and moves definitions of repeated terms to a separate provision. See the next section of this bill.

SB436, s. 192 Section 192. 62.18 (16) (b) 1. of the statutes is created to read:

SB436,71,22 62.18 (16) (b) 1. In this paragraph:

SB436,72,1 a."Company" has the meaning given in s. 76.02.

SB436,72,6 b. "Operating real property" does not include poles, towers, wires, equipment, mains, lines, tracks and other service structures located within the limits of public highways or constructed and maintained on private rights-of-way, and conduits, cables, devices, equipment and other facilities located upon or in the operating real property.

Note: See the previous section of this bill.

SB436, s. 193 Section 193. 62.23 (1) (c) of the statutes is amended to read:

SB436,72,12 62.23 (1) (c) The three 3 citizen members shall be appointed by the mayor, upon the creation of the commission, to hold office for a period periods ending one, two 1, 2 and three 3 years, respectively, from the succeeding first day of May, and thereafter 1. Thereafter, annually during April one such member of the commission shall be appointed for a term of three 3 years.

Note: Replaces language for greater conformity with current style.

SB436, s. 194 Section 194. 62.23 (7) (i) 9m. of the statutes is amended by replacing "s. 252.01 (1)" with "s. 252.01 (1m)".

Note: Corrects cross-reference. Section 252.01 (1) was renumbered s. 252.01 (1m) by 1993 Wis. Act 252.

SB436, s. 195 Section 195. 62.23 (10) (d) of the statutes is amended to read:

SB436,73,3 62.23 (10) (d) If a structure on lands thus taken under this subsection is not removed after three 3 months' written notice served in the manner directed by the council, the city may cause it to be removed, and may dispose of it and apply the proceeds to the expense of removal. Excess proceeds shall be paid to the owner, and excess expense. Excess expenses shall be a lien on the rest of the owner's land abutting on such the street, and if to be widened under this subsection. If the excess expenses are not paid, they shall be assessed against such the owner's land abutting on the street and collected as are other real estate taxes. If the owner does not own the adjoining piece of land abutting on the new line, the owner shall be personally liable to the city for the expense of removal.

Note: Replaces language for greater readability and conformity with current style.

SB436, s. 196 Section 196. 62.23 (10) (e) of the statutes is amended to read:

SB436,73,12 62.23 (10) (e) Until the city has taken all of the lands within the new lines, it may lease any taken lands, to the person owning same the taken lands at the time of the taking, at an annual rental of not more than five per cent 5% of the amount paid therefor for the taken lands by the city or of the market value, if the lands were donated. Improvements may be maintained on such the leased lands until all lands within the new lines are taken, whereupon they the improvements shall be removed as provided in par. (d). No damages shall be had for improvements made under such a lease entered into under this paragraph.

Note: Replaces language for greater readability and conformity with current style.

SB436, s. 197 Section 197. 62.23 (17) (a) 3. of the statutes is amended by replacing "twenty" with "20".

Note: Replaces word form of number with digit for greater conformity with current style.

SB436, s. 198 Section 198. 62.25 (2) (b) of the statutes is amended by replacing "two" with "2".

Note: Replaces word form of number with digit for greater conformity with current style.

SB436, s. 199 Section 199. 63.11 of the statutes is amended to read:

SB436,74,8 63.11 Standard scale of compensation. The director of personnel, under the direction of the commission and in cooperation with the county clerk (, or county auditor, if any), and with the heads of the various departments, shall devise and recommend to the board of supervisors a standardized scale of wages and salaries for all county offices and positions in the classified service , said. The wage scale to shall be graduated according to the duties performed, the length of service and efficiency records of the officers or employes, and the time of day or night such those services are performed by the establishment of shifts. The supervisors shall consider and act in some way upon this scale at the last meeting of said the board of supervisors in the month of October next following its recommendation, and if adopted it shall go into effect on the first day of January following its adoption, or at such other date as may be provided by law.

Note: Replaces parentheses and language not in conformity with current style.

SB436, s. 200 Section 200. 63.35 of the statutes is renumbered 63.35 (1) (intro.) and amended to read:

SB436,74,13 63.35 (1) (intro.) Every application, in order to entitle the applicant to appear for examination, or to be examined, must state the facts under oath on the following subjects: 1)

SB436,74,15 (a) Full name, residence address and post-office address; 2) citizenship; 3) age; 4) place.

SB436,74,16 (d) Place of birth; 5) health.

SB436,74,17 (e) Health and physical capacity for the public service ; 6) previous.

SB436,74,18 (f) Previous employment in the public service; 7) business.

SB436,74,20 (g) Business or employment and residence for the previous five 5 years; 8) education. Such.

SB436,74,24 (2) In addition to the information required under sub. (1), the applicant shall furnish any other information shall be furnished by the applicant as that may reasonably be required by the board concerning the applicant's fitness for the public service.

Note: Subdivides provision and reorders and replaces text for greater readability and conformity with current style. See also the next section of this bill.

SB436, s. 201 Section 201. 63.35 (1) (b), (c) and (h) of the statutes are created to read:

SB436,75,2 63.35 (1) (b) Citizenship.

SB436,75,3 (c) Age.

SB436,75,4 (h) Education.

Note: See the previous section of this bill.

SB436, s. 202 Section 202. 64.30 (1) of the statutes is renumbered 64.30 (1) (intro.) and amended to read: