1997 Wisconsin Act 254

(2) All property that has been or may hereafter be conveyed by devise, gift, grant, purchase or otherwise to such a fire company or to any person as trustee for the use thereof of a fire company shall vest in them the trustees of the company as fully as if originally conveyed to them the trustees, and shall be held by them the trustees and their successors in trust for such the company, but subject to be managed, improved, leased, conveyed and disposed of as above provided the provisions of sub. (1) .

Note: Subdivides provision, inserts specific references and cross-references, replaces word form of number with digits, deletes redundancies and replaces other language for greater readability and conformity with current style. The title is amended to clarify the distinction between ss. 213.02 to 213.04 and ss. 213.05 to 213.08.

254,142 Section 142 . 213.03 of the statutes is amended to read:

213.03 (title) Term; City and village fire company trustees: term; vacancies. Such trustees Trustees of a fire company, elected under s. 213.02, shall hold their offices office for one year and until their successors are elected, but. A trustee may be removed at any time by such the company for cause, after having the trustee has had an opportunity to be heard in his or her defense ; and every. Every vacancy in the office of trustee may be filled for the residue of the term. Any two 2 trustees may call a meeting of the trustees and a majority, being convened according to the bylaws of such the company, may transact any business authorized to be done by them.

Note: Breaks up long sentence, inserts specific references and cross-references, replaces word form of number with digits and replaces other language for greater readability and conformity with current style. The title is amended to specify the section subject matter.

254,143 Section 143 . 213.04 of the statutes is amended to read:

213.04 (title) Fire City and village fire companies,: how disbanded. The common council of any city or the board of trustees of any village in which any such fire company may be located shall have power to disband any such fire company for misconduct or when they deem consider it proper; and whenever . Whenever any such fire company shall be so is disbanded under this section, the foreman thereof of the fire company shall immediately call a meeting of the company forthwith, at which provision shall be made to provide for the disposal of its real and personal the company's property; and the. The powers of the trustees then in office shall continue for such the purpose of disposing of the company's property and settling up its business affairs.

Note: Breaks up long sentence, inserts specific references and replaces other language for greater readability and conformity with current style. The title is amended to clarify the distinction between ss. 213.02 to 213.04 and ss. 213.05 to 213.08.

254,144 Section 144 . 213.05 of the statutes is amended to read:

213.05 (title) Organization of town fire companies. Any number of persons, not less than 15, not residing in any city or village may organize a fire engine, hook and ladder, sack or other fire company as a nonstock corporation under ch. 181 for the protection of life and property in the manner prescribed in ch. 181 and thereupon . A corporation organized under this section shall have all of the powers of a corporation, including the powers respecting real estate under these statutes necessary or proper to accomplish the purposes prescribed by its the company's articles of organization, and shall be governed by all of the provisions of these the statutes applicable thereto to fire companies and nonstock corporations.

Note: Breaks up long sentence, inserts specific references deletes redundancies and replaces other language for greater readability and conformity with current style. The title is amended to clarify the distinction between ss. 213.02 to 213.04 and ss. 213.05 to 213.08.

254,145 Section 145 . 213.06 of the statutes is amended to read:

213.06 (title) Purposes of town fire companies; refusal to act. The purposes and objects of such a corporation organized under s. 213.05 shall be to aid and assist in the extinguishment of fires at or near the place of its the corporation's location, and for a refusal,. If the company refuses, when notified, to attend any fire within three-quarters of a mile from the location of the engine or truck house such, the corporation shall forfeit the sum of fifty dollars $50.

Note: Inserts specific references and cross-references, replaces word form of number with digits and replaces other language for greater readability and conformity with current style. The title is amended to clarify the distinction between ss. 213.02 to 213.04 and ss. 213.05 to 213.08.

254,146 Section 146 . 213.07 of the statutes is amended to read:

213.07 (title) Reports Town fire company reports; exemptions. The secretary of each such corporation organized under s. 213.05 shall, within ten 10 days after the election of officers in each year, deliver to the town clerk a report giving the names of the officers elected for the ensuing year and the names of all the active members of such the corporation at on the date of such the election. The town clerk shall file the same report in the clerk's office, and, when required, give a receipt therefor. Each and every member of such the corporation so reported to the clerk under this section shall be exempted from military duty except in case of war, invasion or insurrection; and such. A corporation organized under s. 213.05 and each of the active members thereof of the corporation shall have and be entitled to all of the benefits conferred upon fire companies and the members thereof of fire companies by any general law of the state. Any such secretary of a corporation organized under s. 213.05 who shall falsely report reports to the town clerk that any person is a member of any such the corporation for the purpose of getting the person the benefits conferred in this section shall forfeit $25 for each such offense twenty-five dollars.

Note: Inserts specific references and cross-references, replaces word form of number with digits and replaces other language for greater readability and conformity with current style. The title is amended to clarify the distinction between ss. 213.02 to 213.04 and ss. 213.05 to 213.08.

254,147 Section 147 . 213.08 of the statutes is amended to read:

213.08 (title) What is a town fire department. One such fire company or more companies organized under s. 213.05, with not less than 30 active members, having at least one good fire engine and not less than 500 feet of sound hose kept in an engine house, fit and ready at all times for actual service, and one such hook and ladder company or more companies organized under s. 213.05, with not less than 15 active members and equipped with at least one good hook and ladder truck, both located not more than one mile apart in the same town, shall constitute a fire department. The members of such the companies that make up the fire department may meet and elect one of their members chief of such the fire department, who. The chief shall hold the office for one year and until a successor is elected; the. The chief shall have control of such the companies that make up the fire department and they those companies shall obey the chief's orders at all times; and the. The chief shall also have all of the powers and privileges and be subject to the same penalties as fire wardens of incorporated villages under ch. 61.

Note: Divides long sentence and adds specific references and cross-references. Restores “town" to title, which was dropped in the 1951 statutes without legislative action. Village fire wardens have not been provided for since the repeal of the then existing ch. 61 by Chapter 183, Laws of 1933.

254,148 Section 148 . 213.095 of the statutes is renumbered 213.095 (intro.) and amended to read:

213.095 Police power of fire chief, rescue squads. (intro.) The chief, chief engineer, assistant engineer, captain, lieutenant, executive officer or other person in charge of any volunteer fire company, association, fire district, or any other organization organized or created for the purpose of extinguishing fires and preventing fire hazards, or first aid calls involving either persons or property, shall have authority to suppress do any of the following:

(1) Suppress any tumult or disorder and to order all individuals or companies to leave the neighborhood of any fire or first aid scene, and to command.

(2) Command from the inhabitants of the city, village or town all needful necessary assistance for the suppression of fires and in the preservation of property exposed to fire; the officers above enumerated shall also have authority to go upon and enter.

(3) Enter any property or premises and to do whatever may reasonably be necessary in the performance of their the officer's duties while engaged in the work of extinguishing any fire or performing any duties incidental thereto. Such officers shall also have authority to go upon and enter

(4) Enter any property or premises and to do whatever may reasonably be necessary in the performance of their the officer's duties while engaged in the work of aiding persons or minimizing the loss to property at a first aid scene.

Note: Subdivides provision, deletes redundancies and inserts specific references. “(V)illage" is added for completeness. As created by Chapter 500, Laws of 1929, “village" was not included, but the enumerated officers are not exclusive to cities and towns and there is no indication of legislative intent to exclude the operation of this statute in villages.

254,149 Section 149 . 213.10 (1) of the statutes is renumbered 213.10 (1m) (a) and amended to read:

213.10 (1m) (a) The members of the paid fire department in any city heretofore or hereafter organized, who comply with the constitution and bylaws of the fire fighters relief association hereinafter mentioned organized in that city, are constituted a body corporate in such that city under the name of “The Fire Fighters Relief Association of the City of ....," for the . Except as provided in par. (b), the purpose of a fire fighters relief association shall be giving relief to the sick and disabled members of such the association and their families and to such any other persons as for whom the constitution and bylaws of such the association may provide. Provided, that where

(b) If a member in good standing at the time of the member's death leaves no one person entitled to relief under the constitution and bylaws of said the association, such the board of trustees of the association is empowered to pay the expenses of the last illness and funeral costs of said the deceased member, the amount to be paid hereunder to be limited to a sum to be fixed by the constitution and bylaws of said the association.

Note: Subdivides provision and renumbers it to accommodate the renumbering of sub. (7) to (1g) for proper placement of definition, deletes superfluous language and redundancies and inserts specific references.

254,150 Section 150 . 213.10 (1g) of the statutes is created to read:

213.10 (1g) In this section, “members of the paid fire department" means all fire department personnel who are engaged in the duties of fire fighting, fire fighting training and directly related skills, including fire prevention, investigation and inspection.

Note: Repositions definition from s. 213.10 (7) for conformity with current style.

254,151 Section 151 . 213.10 (2) of the statutes is renumbered 213.10 (2) (a) and amended to read:

213.10 (2) (a) In case any A member of the a fire fighters relief association shall cease for a city who ceases to be a member of such that city's fire department after a period of ten 10 consecutive years of service therein, that member shall be entitled to all of the advantages and benefits of the fire fighters relief association as long as that member pays dues and complies with the rules, regulations and bylaws of the same; provided, that any association.

(b) A member of such a fire department fighters relief association for a city who shall, at any time, before having has not served ten as a member of the city's fire department for 10 consecutive years as aforesaid, be retired on a pension by reason of permanent disability due to injuries suffered while in the performance of duties as such member, or who shall have been granted a duty disability for injuries suffered in like manner and whose actual term of service together with the period of time while on duty disability shall bring that member's period of service to ten years in such department, shall be entitled to all of the advantages and benefits of such the fire fighters relief association as long as that member pays dues and complies with the rules, regulations and bylaws of such the association. and meets one of the following criteria:

Note: Subdivides provision, reorders text by creating new subdivisions (see the next section of this bill), deletes superfluous language and redundancies, inserts specific references, replaces word form of number with digits and replaces other language for greater readability and conformity with current style.

254,152 Section 152 . 213.10 (2) (b) 1. and 2. of the statutes are created to read:

213.10 (2) (b) 1. The member is retired on a pension by reason of permanent disability due to injuries suffered while in the performance of duties as a member of the fire department.

2. The member has been granted a duty disability for injuries suffered while in the performance of duties as a member of the fire department and the member's actual term of service in the fire department, together with the period of time while on duty disability, equals 10 or more years.

Note: See the previous section of this bill and its Note.

254,153 Section 153 . 213.10 (3) of the statutes is amended to read:

213.10 (3) Each person on becoming a member of said a fire department whose members have formed a fire fighters relief association shall be required to pay the association an initiation fee not exceeding fifty dollars $50 and annual dues so long as the person remains a member, and that person of the fire department. A person shall be considered to become a member of the association when that person's name is placed on the payroll of such the fire department.

Note: Breaks up sentence, replaces word form of number with digits, deletes superfluous language and redundancies and inserts specific references.

254,154 Section 154 . 213.10 (4) of the statutes is amended to read:

213.10 (4) Every such fire fighters relief association shall have all of the usual powers of a corporation necessary and proper for the purpose of its organization, and may take by gift, grant or purchase, real and personal estate property, and hold, enjoy, lease, convey and dispose of the same its property subject to its the association's bylaws and regulations; and all such. All of the real and personal property belonging to an association and the rents, issues and profits thereof from that property shall be devoted solely to the purposes and objects of such corporation the association.

Note: Breaks up sentence and inserts specific references. Replaces “corporation" with “fire fighters relief association" or “association" for consistency with the remainder of the section.

254,155 Section 155 . 213.10 (5) of the statutes is renumbered 213.10 (5) (a) and amended to read:

213.10 (5) (a) The control and disposal of the funds, property and estate and the direction and management of all of the concerns of such corporation, under such a fire fighters relief association, subject to any directions and restrictions as that may be imposed by the bylaws thereof of the association, shall be vested in a board of trustees to. The board of trustees shall consist of a president, vice president, treasurer, secretary and executive committee of three 3, who shall be elected at such time and place and by such members of the corporation association entitled to vote as shall is provided by the bylaws thereof be entitled to vote at such election of the association. The officers so elected shall hold their respective offices for one year, unless the bylaws provide otherwise, and until their successors are elected and qualified; and such corporation. An association may elect or appoint such other officers and for such term terms as its bylaws may prescribe. The officers of such corporation an association shall give bonds for the faithful performance of their respective duties when required so to do so by the laws thereof association's bylaws.

(b) No person shall be elected to or hold any office in such corporation a fire fighters relief association unless the person is in the active employment of the fire department of the city to which this section becomes effective, and if the in which the association is organized. If a person's employment with such that city shall be is terminated while holding the office of trustee or the person holds any other office of such corporation the association, the person's term of office shall thereupon be terminated, and the members of such corporation as shall, by the bylaws thereof, be the association who are entitled to vote, as provided in the association's bylaws, shall forthwith immediately elect a successor.

Note: Subdivides provision, breaks up long sentences and inserts specific references. Replaces “corporation" with “fire fighters relief association" or “association" for consistency with the remainder of the section.

254,156 Section 156 . 213.10 (6) of the statutes is amended to read:

213.10 (6) The board of trustees of any such corporation a fire fighters relief association may purchase group life insurance for the members of the corporation association.

Note: Replaces “corporation" with “fire fighters relief association" or “association" for consistency with the remainder of the section.

254,157 Section 157 . 213.10 (7) of the statutes is renumbered 213.10 (7) (a) and amended to read:

213.10 (7) (a) For purposes of this section, “members of the paid fire department" means all fire department personnel who are engaged in the duties of fire fighting, fire fighting training and directly related skills, including fire prevention, investigation and inspection. All other members of such a fire department who do not qualify as members of the paid fire department shall, upon commencement of their employment with a city department, have the option of joining such the fire fighters relief association upon commencement of their employment with such department; and such in that city.

(b) The employes described in par. (a) who are, together with others who are transferred to or are, on March 27, 1969, performing duties other than fire fighting, fire fighting training and directly related skills, including fire prevention, investigation and inspection, shall have the option of continuing their membership in such the fire fighters relief association.

Note: The stricken definition is moved to the beginning of section consistent with current style by creating it as 213.10 (1g). Inserts specific references and cross-references.

254,158 Section 158 . 213.11 (6) of the statutes is amended to read:

213.11 (6) The board of trustees of any such corporation police relief association may purchase group life insurance for the members of the corporation association.

Note: Replaces “corporation" with “police relief association" or “association" for consistency with the remainder of the section as affected by 1997 Wis. Act .... (1997 AB-465).

254,159 Section 159 . 213.12 of the statutes is amended to read:

213.12 Pay. The common council of any city and the board of trustees of any village which shall own owns a fire engine shall annually pay to each active fire fighter belonging to any fire or hook and ladder company organized by authority of such the city or village such sum as such an amount that the common council or board of trustees shall deem considers a reasonable compensation for the services of such the fire fighter.

Note: Replaces language for greater readability and consistency with style.

254,160 Section 160 . 213.13 of the statutes is renumbered 213.13 (1) (intro.) and amended to read:

213.13 (1) (intro.) The Except as provided in subs. (2) and (3), the common council or governing body of every city having a paid fire department shall provide for, and the chief engineer of the department shall assign to, each fire fighter in the service of the city full rest days as follows:

(a) In 1st class cities of the first class, one full rest day of twenty-four 24 consecutive hours during each seventy-two 72 hours; in.

(b) In 2nd and 3rd class cities of the second and third classes, one full rest day of twenty-four 24 consecutive hours during each ninety-six 96 hours; in.

(c) In 4th class cities of the fourth class, one full rest day of twenty-four 24 consecutive hours during each one hundred and sixty-eight 168 hours, except in.

(2) The rest day requirements under sub. (1) do not apply 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 officers in charge, demands that such a day of rest be not be given at such that time, but arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the department.

(3) The provisions of this section shall not apply to cities having the two 2 platoon or double shift.

Note: Subdivides provision and replaces word form of number with digits.

254,161 Section 161 . 213.15 of the statutes is amended to read:

213.15 Fire hose threads and fittings to be uniform. All fire hose fittings, apparatus fittings, 1 1/2 1.5 and 2 1/2 2.5 inches in diameter purchased or procured after December 29, 1963 by a fire department or fire company shall be of the national standard hose thread as adopted by the national fire protection association. Any No fire department presently utilizing a nonstandard thread size shall have a period of 5 years from December 29, 1963 to bring all existing shall utilize hose and equipment into not in conformance with the requirement that all threads shall be national standard hose thread as adopted by the national fire protection association. Any person offering for sale nonstandard hose couplings, fittings or apparatus fittings after December 29, 1963 may be fined not less than $100 nor more than $500.

Note: Deletes obsolete transition language and replaces fractions with decimals consistent with current style.

254,162 Section 162 . 220.05 (6) of the statutes is renumbered 220.05 (6) (a) and amended to read:

220.05 (6) (a) Any bank or trust company holding any property in trust or in any fiduciary capacity or as custodian or bailee shall pay in addition to said the fees and assessments provided for in sub. (2) the actual reasonable cost of any and all examinations (whether or not they are in excess of 2 in any one year) conducted by the division of the books, records and business of said the bank or trust company insofar as they relate to said the property held in trust or other fiduciary capacity or as custodian or bailee, said.

(b) The cost to be paid under par. (a) shall include a fair charge for time of assistants and office overhead and to. The cost shall be determined by the division within a reasonable time after each said examination has been completed. A statement of such the charge determined by the division shall be promptly sent to said the bank or trust company. Each such bank or trust company shall pay such the charge within 10 days after receipt of such the statement. Said The cost determined under this subsection shall include the cost of furnishing a copy of the statement to the bank or trust company.

Note: Deletes unnecessary parenthetical phrase, subdivides provision, inserts specific references and cross-references and replaces other language for greater readability and consistency with current style.

254,163 Section 163 . 226.14 (1) of the statutes, as affected by 1997 Wisconsin Act 35, is renumbered 226.14 (1) (a) and amended to read:

226.14 (1) (a) No common law trust organized in this state, and no such common law trust formed or organized under or by authority of the laws of any state or foreign jurisdiction, for the purpose of doing business under a declaration of trust which shall have issued to 5 or more persons, or which shall sell or propose to sell beneficial interests, certificates or memberships therein in the trust, shall transact business, or acquire, hold or dispose of property in this state until the trustees named in said the declaration of trust shall have caused to be filed with the department of financial institutions the original declaration of trust, or a true copy thereof of the declaration, and all amendments to the declaration which may be made, verified as such having been made by the affidavits of 2 of the signers thereof of each amendment.

(b) A like verified copy of the declaration of trust and such amendments verified in the manner described in par. (a), and a certificate of the department of financial institutions, showing the date when such the declaration was filed and accepted by the department of financial institutions shall, within 30 days of such filing and acceptance , shall by the department of financial institutions, be recorded with the register of deeds of the county in which such the trust has its principal office or place of business in this state. No such common law trust shall transact business in this state until such the declaration of trust or such verified copy thereof be of the declaration is left for record. The register of deeds shall forthwith immediately transmit to the department of financial institutions a certificate stating the time when such copy the declaration or verified copy of the declaration was recorded and . The register of deeds shall be entitled to a fee of 25 cents therefor for the certificate, to be paid by the person presenting such the papers for record. Upon receipt of such the register of deed's certificate, the department of financial institutions shall issue to said the trustees of the trust a certificate of filing.

Note: Subdivides provision, inserts specific references and cross-references.

254,164 Section 164 . 241.03 (1) of the statutes is amended to read:

241.03 (1) No land owner-cropper landowner-cropper contract is valid, except between the parties thereto to the contract, unless the contract, subscribed by the parties, describing the premises and containing the entire agreement between the parties, or a copy thereof of the contract, has been filed with the register of deeds of the county where such the premises are located. The register of deeds shall file, endorse, enter and index croppers' contracts filed with the register of deeds in substantially the same manner as provided for financing statements covering security interests in fixtures.

Note: Corrects spelling and inserts specific references.

254,165 Section 165 . 281.47 (2) of the statutes is amended to read:

281.47 (2) The city, village or town or the owner of land through which the drain is constructed may apply to the circuit court of the county in which the land is located to determine the damages, if any. No injunction against the use shall be granted until the damages are finally determined and payment refused. Unless within six 6 months after the system is completed the owner of the land institutes such proceedings the owner is barred. The proceedings shall be according to ch. 32, so far as applicable.