AB970,53,2
1(c)
Error That error in issuing the injunctive relief is usually irreparable to the
2opposing party
; and.
AB970,53,53
(d)
Delay That delay incident to the normal course of appellate practice
4frequently makes ultimate correction of error in law or in fact unavailing in the
5particular case.
Note: Replaces language and semicolons with periods for greater readability and
conformity with current style.
AB970, s. 90
6Section
90. 103.56 (1) (intro.) and (a) to (e) of the statutes are amended to read:
AB970,53,137
103.56
(1) (intro.) No court
nor any judge or judges thereof shall have
8jurisdiction to issue a temporary or permanent injunction in any case involving or
9growing out of a labor dispute
, as defined in s. 103.62, except after hearing the
10testimony of witnesses in open court
(,with opportunity for cross-examination
), in
11support of the allegations of a complaint made under oath, and testimony in
12opposition
thereto to the allegations of the complaint, if offered, and except after
13findings of all
of the following facts by the court
or judge or judges thereof:
AB970,53,1514
(a) That unlawful acts have been threatened or committed and will be executed
15or continued unless restrained
;.
AB970,53,1716
(b) That substantial and irreparable injury to complainant's property will
17follow unless the relief requested is granted
;.
AB970,53,2018
(c) That as to each item of relief granted greater injury will be inflicted upon
19the complainant by the denial
thereof
of that relief than will be inflicted upon
the 20defendants by the granting
thereof; of that relief.
AB970,53,2121
(d) That the relief to be granted does not violate s. 103.53
;.
AB970,53,2222
(e) That
the complainant has no adequate remedy at law
; and.
Note: Replaces parentheses and semicolons, deletes redundant phrases and
inserts specific references for greater readability and conformity with current style.
AB970, s. 91
1Section
91. 103.56 (2) of the statutes is amended to read:
AB970,54,112
103.56
(2) Such A hearing
under sub. (1) shall be held after due and personal
3notice
thereof of the hearing has been given, in
such the manner
as that the court
4shall direct, to all known persons against whom relief is sought, and also to those
5public officers
who are charged with the duty to protect
the complainant's property.
6Provided, however, that if a complainant shall also allege that unless a temporary
7restraining order shall be issued before such hearing may be had, a substantial and
8irreparable injury to complainant's property will be unavoidable, such temporary
9restraining order may be granted upon the expiration of such reasonable notice of
10application therefor as the court may direct by order to show cause, but in no case
11less than forty-eight hours.
Note: Adds cross-reference and replaces word form of numbers with digits and
other language for greater readability and conformity with current style. The 2nd
sentence of this provision is stricken and added to sub. (3) for more logical placement. See
the next section of this bill.
AB970, s. 92
12Section
92. 103.56 (3) of the statutes is amended to read:
AB970,54,2313
103.56
(3) Such If a complainant alleges that a substantial and irreparable
14injury to the complainant's property will be unavoidable unless a temporary
15restraining order is issued before a hearing under sub. (1) may be had, a temporary
16restraining order may be granted on reasonable notice of application for the
17temporary restraining order as the court may direct by order to show cause, but in
18no case less than 48 hour's notice. The order to show cause shall be served upon
such 19the party or parties
as that are sought to be restrained and
as shall be
that are 20specified in
said the order
, and then. The order shall be issued only upon testimony
21under oath
, or
, in the discretion of the court, upon affidavits, sufficient, if sustained,
22to justify the court in issuing a temporary injunction upon a hearing as
herein 23provided for
under this section.
Note: See the note to the previous section of this bill. Divides preexisting provision
into 2 sentences and replaces word form of numbers with digits and other language for
greater readability and conformity with current style.
AB970, s. 93
1Section
93. 103.56 (4) of the statutes is amended to read:
AB970,55,82
103.56
(4) Such a A temporary restraining order
issued under sub. (3) shall be
3effective for no longer than
five 5 days
, and
, at the expiration of
said five days the
45-day period, shall become void and not subject to renewal or extension,
provided,
5however, except that if the hearing for a temporary injunction s
hall have been begun 6begins before the expiration of the
said five days the 5-day period the restraining
7order may in the court's discretion be continued until a decision is reached
upon on 8the issuance of the temporary injunction.
Note: Replaces word form of numbers with digits and other language for greater
readability and conformity with current style.
AB970, s. 94
9Section
94. 103.56 (5) of the statutes is amended to read:
AB970,55,1810
103.56
(5) No temporary restraining order or temporary injunction
shall may 11be issued
under this section except on condition that
the complainant
shall first
file 12files an undertaking with adequate security sufficient to
recompense compensate 13those enjoined for any loss, expense, or damage caused by the improvident or
14erroneous issuance of
such the order or injunction, including all reasonable costs
15(together with a, reasonable
attorney's fee) attorney fees and
expense against 16expenses that will be incurred in opposing the order or
against the granting of any
17injunctive relief sought in the same proceeding and subsequently denied by the
18court.
Note: Inserts cross-reference, deletes parentheses and replaces word form of
numbers with digits and other language for greater readability and conformity with
current style.
AB970, s. 95
19Section
95. 103.56 (6) of the statutes is amended to read:
AB970,56,8
1103.56
(6) The undertaking
herein mentioned required under sub. (5) shall
be
2understood to signify represent an agreement
entered into by between the
3complainant and the surety upon which a decree may be rendered in the same suit
4or proceeding against
said the complainant and surety, the
said complainant and
5surety submitting themselves to the jurisdiction of the court for that purpose.
But 6However, nothing
herein contained
shall deprive in this section deprives any party
7having a claim or cause of action under or upon
such
an undertaking
filed under sub.
8(5) from electing to pursue an ordinary remedy by suit at law or in equity.
Note: Inserts cross-references and replaces word form of numbers with digits and
other language for greater readability and conformity with current style.
AB970, s. 96
9Section
96. 103.57 of the statutes is amended to read:
AB970,56,17
10103.57 Clean hands doctrine. No restraining order or injunctive relief
shall 11may be granted to any complainant who has failed to comply with any legal
12obligation which is involved in the labor dispute in question, or who has failed to
13make every reasonable effort to settle
such the dispute either by negotiation or with
14the aid of any available machinery of governmental mediation or voluntary
15arbitration, but nothing
herein contained shall be deemed to require the in this
16section requires a court to await the action of any such tribunal if irreparable injury
17is threatened.
Note: Replaces language and nonspecific references with specific references and
deletes redundant language for greater readability and conformity with current style.
AB970, s. 97
18Section
97. 103.58 of the statutes is renumbered 103.58 (intro.) and amended
19to read:
AB970,56,22
20103.58 Injunctions: contents. Except as provided in s. 103.56
no,
any 21restraining order or temporary or permanent injunction
shall be granted in a case
22involving or growing out of a labor dispute
, except
is subject to all of the following:
AB970,57,3
1(1) The order or injunction may be granted only on the basis of findings of fact
2made and filed by the court in the record of the case prior to the issuance of
such
3restraining the order or injunction
; and every restraining.
AB970,57,8
4(2) The order or injunction
granted in a case involving or growing out of a labor
5dispute shall include only a prohibition of
such
those specific
act or acts
as may be 6that are expressly complained of in the bill of complaint or petition filed in
such the 7case and expressly included in
said findings of fact made and filed by the court as
8provided
herein; and under sub. (1).
AB970,57,12
9(3) The order or injunction shall be binding only upon the parties to the suit,
10their agents, servants, employes and attorneys, or those in active concert and
11participation with them,
and who
shall by personal service or otherwise have
12received actual notice of the
same order or injunction.
Note: Subdivides provision and replaces language and nonspecific references with
specific references for greater readability and conformity with current style.
AB970, s. 98
13Section
98. 103.59 of the statutes is amended to read:
AB970,57,19
14103.59 Injunctions: appeals. If any court issues or denies any temporary
15injunction in a case involving or growing out of a labor dispute, the court shall, upon
16the request of any party to the proceedings, and on filing the usual bond for costs,
17forthwith immediately certify the entire record of the case, including a transcript of
18the evidence taken, to the appropriate appellate court for its review. Upon the filing
19of the record in the appropriate appellate court
, the appeal shall be given preference.
Note: Replaces language for greater readability and conformity with current style.
AB970, s. 99
20Section
99. 103.60 (intro.) of the statutes is amended to read:
AB970,57,23
21103.60 Contempt cases. (intro.) If a person is charged with contempt under
22this chapter for violation of a restraining order or injunction issued by a court
or
23judge or judges thereof, the accused shall enjoy
all of the following:
Note: Deletes redundant language for greater readability and conformity with
current style.
AB970, s. 100
1Section
100. 103.60 (1) of the statutes is amended to read:
AB970,58,32
103.60
(1) The rights
as to admission to bail that are accorded to persons
3accused of
a crime.
Note: Deletes redundant language for greater readability and conformity with
current style.
AB970, s. 101
4Section
101. 103.60 (2) of the statutes is amended to read:
AB970,58,75
103.60
(2) The right to be notified of the accusation and a reasonable time to
6make a defense,
provided if the alleged contempt is not committed in the immediate
7view or presence of the court.
Note: Replaces language for greater readability and conformity with current style.
AB970, s. 102
8Section
102. 103.60 (3) of the statutes is amended to read:
AB970,58,179
103.60
(3) Upon demand, the right to a speedy and public trial by an impartial
10jury of the county in which the contempt was committed,
provided except that this
11requirement
shall not be construed to does not apply to contempts committed in the
12presence of the court or so near
thereto to the court as to interfere directly with the
13administration of justice or to
apply to the misbehavior, misconduct or disobedience
14of any officer of the court in respect to the writs, orders or process of the court. All
15contempt proceedings brought for the alleged violation of any such restraining order
16or injunction are independent, original, special proceedings and shall require a
17unanimous finding of the jury.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 103
18Section
103. 103.61 of the statutes is amended to read:
AB970,59,5
19103.61 Punishment for contempt. Punishment for a contempt, specified in
20s. 103.60, may be by fine, not exceeding $25, or by imprisonment not exceeding
ten
110 days, in the jail of the county where the court is sitting, or both, in the discretion
2of the court.
Where If a person is committed to jail
, for the nonpayment of
such a fine
3imposed under this section, the person must be discharged at the expiration of
fifteen 415 days
; but where except that if the person is also committed for a definite time
, the
5fifteen 15 days must be computed from the expiration of the definite time.
Note: Replaces nonspecific reference with specific reference and word form of
numbers with digits for greater conformity with current style.
AB970, s. 104
6Section
104. 103.62 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3) of the
7statutes are renumbered 103.505 (intro.), (1) (intro.), (a), (b) and (d), (2) and (3), and
8103.505 (intro.), (1) (d), (2) and (3) of the statutes, as renumbered, are amended to
9read:
AB970,59,12
10103.505 (title)
Definitions
Collective bargaining; definitions. (intro.)
11When used in ss.
103.51 103.505 to
103.62 103.61, and for the purposes of
these those 12sections:
AB970,59,15
13(1) (d) Between any conflicting or competing interests in a
"labor dispute
", as
14defined in sub. (3), of
"persons participating or interested
" therein, as defined in sub.
15(2) in the labor dispute.
AB970,59,21
16(2) A person or association shall be held to be a person participating or
17interested in a labor dispute if relief is sought against the person or association and
18if the person or association is engaged in the industry, trade, craft, or occupation in
19which
such the labor dispute occurs, or is a member, officer, or agent of any
20association of employers or employes engaged in
such
that industry, trade, craft, or
21occupation.
AB970,60,5
22(3) The term "labor "Labor dispute" means any controversy between an
23employer and the majority of the employer's employes in a collective bargaining unit
1concerning the right or process or details of collective bargaining or the designation
2of representatives. Any organization with which either the employer or
such the 3majority
of the employer's employes is affiliated may be considered a party to the
4labor dispute.
The provisions of this subsection shall supersede any provision of the
5statutes in conflict therewith.
Note: Renumbers provision for proper location; replaces nonspecific references
with specific references, amends the title and deletes quotation marks and redundant
language for greater readability and conformity with current style.
Note: See the note to the previous section of this bill.
AB970, s. 106
8Section
106. 111.01 (1) of the statutes is amended to read:
AB970,60,129
111.01
(1) It recognizes that there are
three 3 major interests involved, namely:
10That of the public, the employe
, and the employer. These
three 3 interests are to a
11considerable extent interrelated. It is the policy of the state to protect and promote
12each of these interests with due regard to the situation and to the rights of the others.
Note: Replaces word form of numbers with digits for greater readability and
conformity with current style.
AB970, s. 107
13Section
107. 111.63 of the statutes is amended to read:
AB970,60,20
14111.63 Enforcement. The commission shall
have the responsibility for
15enforcement of enforce compliance with
the provisions of this subchapter and to that
16end may file an action in the circuit court of the county in which any
such violation
17of this subchapter occurs to restrain and enjoin
such the violation and to compel the
18performance of the duties imposed by this subchapter. In any
such action
the
19provisions of ss. 103.51 to 103.62 shall described in this section, ss. 103.505 to 103.61
20do not apply.
Note: Reflects the renumbering of s. 103.62, deletes redundant language and
replaces nonspecific reference with specific references for greater readability and
conformity with current style.
AB970, s. 108
1Section
108. 112.01 (1) (d) of the statutes is amended to read:
AB970,61,42
112.01
(1) (d) "Person" includes a corporation, limited liability company,
3partnership, or other association
, or
two 2 or more persons having a joint or common
4interest.
Note: Replaces word form of numbers with digits for greater readability and
conformity with current style.
AB970, s. 109
5Section
109. 114.33 (6) of the statutes is renumbered 114.33 (6) (a) and
6amended to read:
AB970,61,177
114.33
(6) (a) For the purposes of carrying out this section and ss. 114.35 and
8114.37, the secretary may acquire by gift, devise, purchase or condemnation any
9lands for establishing, protecting, laying out, enlarging, extending, constructing,
10reconstructing, improving and maintaining airports, or interests in lands in and
11about airports
, and after establishment, layout and. After completion of
such the 12improvements, the secretary may convey as provided in this subsection lands
thus 13that were acquired
and under this subsection, but were not necessary for
the airport
14improvements
, with. The conveyances may be made with reservations concerning
15the future use and occupation of those lands so as to protect the airports and
16improvements and their environs and to preserve the view, appearance, light, air and
17usefulness of the airports.
AB970,62,9
18(b) Whenever the secretary
deems
considers it necessary to acquire any lands
19or interests in lands for any of
those the purposes
described in par. (a), the secretary
20shall so order and in the order, or on a map or plat, show the lands and interests
21required. The secretary shall file a copy of the order and map with the county clerk
22of each county in which the lands or interests are required. For the purposes of this
1section the secretary may acquire private or public lands or interests therein. When
2so provided in the secretary's order, the land shall be acquired in fee simple. Unless
3the secretary elects to proceed under sub. (3), the secretary shall
endeavor attempt 4to obtain easements or title in fee simple by conveyance of the lands or interests
5required at a price, including any damages,
deemed
considered reasonable by the
6secretary. The instrument of conveyance shall name the state as grantee and shall
7be recorded in the office of the register of deeds. The purchase or acquisition of lands
8or interests
therein in lands under this section is excepted and exempt from s. 20.914
9(1).
AB970,62,16
10(c) The secretary may purchase or accept donations of remnants of tracts or
11parcels of land existing at the time or after the secretary has acquired portions of
12tracts or parcels, by purchase or condemnation for airport purposes, where in the
13judgment of the secretary
such action the acquisition of the tracts or parcels would
14assist in making whole the
land owner landowner, a part of whose lands have been
15taken for airport purposes and would serve to minimize the overall cost of
such the 16taking by the public.
Note: Subdivides provision and replaces nonspecific references with specific
references and other language for greater readability and conformity with current style.
AB970, s. 110
17Section
110. 128.001 of the statutes is created to read:
AB970,62,18
18128.001 Definitions. In this chapter:
AB970,62,20
19(2) Petition. "Petition" means a petition for the appointment of a receiver
20under this chapter.
Note: Creates a definition section for the proper location of definitions in ch. 128.
The term "petition" is used throughout the chapter without specifying what is being
petitioned for. According to legislative counsel notes in the drafting files to chapter 289,
Laws of 1969, all references to petition are to petitions for the appointment of a receiver.
See also the treatment of s. 128.04 by this bill.
AB970, s. 111
21Section
111. 128.02 (2) of the statutes is amended to read:
AB970,63,9
1128.02
(2) No assignment shall be void because of any defect, informality or
2mistake
therein in the assignment or in the bond, inventory or list of creditors
3accompanying the
same; and the assignment. The court may direct the amendment
4of the assignment or of any other
paper document to effect the intention of the
5assignor or assignee, or to obtain a distribution of the assignor's assets as provided
6in this chapter, and any such amendment shall relate back to the time of the
7execution of the
paper document. No mistake in filing a copy instead of an original
8or any like mistake or inadvertent failure to comply with
the provisions of this
9chapter shall void the assignment.
AB970,63,14
10(3) (a) No creditor shall, in case a debtor has attempted to make an assignment
11for the benefit of creditors, or in case of the insolvency of any debtor, by attachment,
12garnishment or otherwise, obtain priority over other creditors upon
such the 13assignment being adjudged void, or in consequence of any sale, lien or security being
14adjudged void
; but in.
AB970,63,17
15(b) In all
such cases
described in par. (a), the property of
such the debtor shall
16be administered for the ratable benefit of all of the debtor's creditors under the
17direction of the court by the assignee or by a receiver.
Note: Subdivides provision, inserts specific references and cross-references and
replaces other language for greater readability and conformity with current style.
AB970, s. 112
18Section
112. 128.03 of the statutes is amended to read:
AB970,63,23
19128.03 Liens by legal proceedings; assignment. When a lien has been
20obtained by legal proceedings against the property of a debtor the debtor may, within
21thirty 30 days thereafter, make an assignment of all of the debtor's nonexempt
22property for the benefit of all of the debtor's creditors, whereupon
such the lien shall
23be dissolved and the property shall be turned over to the assignee.
Note: Replaces word form of numbers with digits and other language for greater
readability and conformity with current style.
AB970, s. 113
1Section
113. 128.04 of the statutes is renumbered 128.001 (1) (intro.) and
2amended to read:
AB970,64,53
128.001
(1) (title)
Definition of insolvency; time Insolvent. (intro.) A person
4shall be deemed is considered "insolvent
within the provisions of this chapter" 5whenever
any of the
following conditions is met: