Note: Breaks up sentence, replaces word form of number with digits, deletes
superfluous language and redundancies and inserts specific references.
AB971, s. 154
16Section
154. 213.10 (4) of the statutes is amended to read:
AB971,89,317
213.10
(4) Every
such fire fighters relief association shall have all of the usual
18powers of a corporation necessary and proper for the purpose of its organization, and
19may take by gift, grant or purchase, real and personal
estate property, and hold,
20enjoy, lease, convey and dispose of
the same its property subject to
its the
21association's bylaws and regulations
; and all such
. All of the real and personal
1property
belonging to an association and the rents, issues and profits
thereof from
2that property shall be devoted solely to the purposes and objects of
such corporation
3the 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.
AB971, s. 155
4Section
155. 213.10 (5) of the statutes is renumbered 213.10 (5) (a) and
5amended to read:
AB971,89,196
213.10
(5) (a) The control and disposal of the funds, property and estate and
7the direction and management of all
of the concerns of
such corporation, under such 8a fire fighters relief association, subject to any directions and restrictions
as that may
9be imposed by the bylaws
thereof of the association, shall be vested in a board of
10trustees
to. The board of trustees shall consist of a president, vice president,
11treasurer, secretary and executive committee of
three
3, who shall be elected at such
12time and place and by such members of the
corporation association entitled to vote 13as
shall is provided by the bylaws
thereof be entitled to vote at such election of the
14association. The officers so elected shall hold their respective offices for one year,
15unless the bylaws provide otherwise, and until their successors are elected and
16qualified
; and such corporation. An association may elect or appoint such other
17officers
and for such
term terms as its bylaws may prescribe. The officers of
such
18corporation an association shall give bonds for the faithful performance of their
19respective duties when required
so to do
so by the
laws thereof association's bylaws.
AB971,90,5
20(b) No person shall be elected to or hold any office in
such corporation a fire
21fighters relief association unless the person is in the active employment of the fire
22department of the city
to which this section becomes effective, and if the in which the
23association is organized. If a person's employment with
such that city
shall be is
1terminated while
holding the office of trustee or the person holds any
other office of
2such corporation the association, the person's term of office shall thereupon be
3terminated, and the members of
such corporation as shall, by the bylaws thereof, be 4the association who are entitled to vote,
as provided in the association's bylaws, shall
5forthwith 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.
AB971, s. 156
6Section
156. 213.10 (6) of the statutes is amended to read:
AB971,90,97
213.10
(6) The board of trustees of
any such corporation a fire fighters relief
8association may purchase group life insurance for the members of the
corporation 9association.
Note: Replaces "corporation" with "fire fighters relief association" or "association"
for consistency with the remainder of the section.
AB971, s. 157
10Section
157. 213.10 (7) of the statutes is renumbered 213.10 (7) (a) and
11amended to read:
AB971,90,1912
213.10
(7) (a)
For purposes of this section, "members of the paid fire
13department" means all fire department personnel who are engaged in the duties of
14fire fighting, fire fighting training and directly related skills, including fire
15prevention, investigation and inspection. All
other members of
such a fire 16department
who do not qualify as members of the paid fire department shall
, upon
17commencement of their employment with a city department, have the option of
18joining
such the fire fighters relief association
upon commencement of their
19employment with such department; and such in that city.
AB971,91,2
20(b) The employes
described in par. (a) who are, together with others who are
21transferred to or are, on March 27, 1969, performing duties other than fire fighting,
22fire fighting training and directly related skills, including fire prevention,
1investigation and inspection, shall have the option of continuing their membership
2in
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.
AB971, s. 158
3Section
158. 213.11
(6) of the statutes is amended to read:
AB971,91,54
213.11
(6) The board of trustees of any
such corporation police relief association 5may 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).
AB971, s. 159
6Section
159. 213.12 of the statutes is amended to read:
AB971,91,12
7213.12 Pay. The common council of any city and the board of trustees of any
8village which
shall own owns a fire engine shall annually pay to each active fire
9fighter belonging to any fire
or hook and ladder company organized by authority of
10such the city or village
such sum as such an amount that the common council or board
11of trustees
shall deem considers a reasonable compensation for the services of
such 12the fire fighter.
Note: Replaces language for greater readability and consistency with style.
AB971, s. 160
13Section
160. 213.13 of the statutes is renumbered 213.13 (1) (intro.) and
14amended to read:
AB971,91,1815
213.13
(1) (intro.)
The Except as provided in subs. (2) and (3), the common
16council or governing body of every city having a paid fire department shall provide
17for, and the chief engineer of the department shall assign to, each fire fighter in the
18service of the city full rest days as follows:
AB971,91,20
19(a) In
1st class cities
of the first class, one full rest day of
twenty-four
24 20consecutive hours during each
seventy-two 72 hours
; in.
AB971,92,2
1(b) In 2nd and 3rd class cities
of the second and third classes, one full rest day
2of
twenty-four 24 consecutive hours during each
ninety-six 96 hours
; in.
AB971,92,4
3(c) In 4th class cities
of the fourth class, one full rest day of
twenty-four 24 4consecutive hours during each
one hundred and sixty-eight 168 hours
, except in.
AB971,92,10
5(2) The rest day requirements under sub. (1) do not apply in cases of positive
6necessity by some sudden and serious fire, accident or other peril, which, in the
7judgment of the chief engineer, or other officers in charge, demands that
such a day
8of rest
be not
be given at
such that time, but arrangements shall be made so that each
9full rest day may be had at such time or times as will not impair the efficiency of the
10department.
AB971,92,12
11(3) The provisions of this section shall not apply to cities having the
two 2 12platoon or double shift.
Note: Subdivides provision and replaces word form of number with digits.
AB971, s. 161
13Section
161. 213.15 of the statutes is amended to read:
AB971,92,23
14213.15 Fire hose threads and fittings to be uniform. All fire hose fittings,
15apparatus fittings,
1 1/2 1.5 and
2 1/2 2.5 inches in diameter purchased or procured
16after December 29, 1963 by a fire department or fire company shall be of the national
17standard hose thread as adopted by the national fire protection association.
Any No 18fire department
presently utilizing a nonstandard thread size shall have a period of
195 years from December 29, 1963 to bring all existing shall utilize hose and equipment
20into not in conformance with the requirement that all threads shall be national
21standard hose thread as adopted by the national fire protection association. Any
22person offering for sale nonstandard hose couplings, fittings or apparatus fittings
23after 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.
AB971, s. 162
1Section
162. 220.05 (6) of the statutes is renumbered 220.05 (6) (a) and
2amended to read:
AB971,93,93
220.05
(6) (a) Any bank or trust company holding any property in trust or in
4any fiduciary capacity or as custodian or bailee shall pay in addition to
said the fees
5and assessments provided for in sub. (2) the actual reasonable cost of any
and all 6examinations
(whether or not they are in excess of 2 in any one year) conducted by
7the division of the books, records and business of
said the bank or trust company
8insofar as they relate to
said the property held in trust or other fiduciary capacity or
9as custodian or bailee
, said.
AB971,93,17
10(b) The cost to
be paid under par. (a) shall include a fair charge for time of
11assistants and office overhead
and to. The cost shall be determined by the division
12within a reasonable time after each
said examination has been completed. A
13statement of
such the charge
determined by the division shall be promptly sent to
14said the bank or trust company. Each
such bank or trust company shall pay
such the 15charge within 10 days after receipt of
such the statement.
Said The cost
determined
16under this subsection shall include the cost of furnishing
a copy
of the statement to
17the 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.
AB971,94,820
226.14
(1) (a) No common law trust organized in this state, and no
such 21common law trust formed or organized under or by authority of the laws of any state
22or foreign jurisdiction, for the purpose of doing business under a declaration of trust
1which shall have issued to 5 or more persons, or which shall sell or propose to sell
2beneficial interests, certificates or memberships
therein in the trust, shall transact
3business, or acquire, hold or dispose of property in this state until the trustees named
4in
said the declaration of trust
shall have
caused to be filed with the department of
5financial institutions the original declaration of trust, or a true copy
thereof of the
6declaration, and all amendments
to the declaration which may be made, verified as
7such having been made by the affidavits of 2 of the signers
thereof of each
8amendment.
AB971,94,23
9(b) A
like verified copy of the declaration
of trust and
such amendments
verified
10in the manner described in par. (a), and a certificate of the department of financial
11institutions, showing the date when
such the declaration was filed and accepted by
12the department of financial institutions
shall, within 30 days of
such filing and
13acceptance
, shall by the department of financial institutions, be recorded with the
14register of deeds of the county in which
such the trust has its principal office or place
15of business in this state. No
such common law trust shall transact business in this
16state until
such the declaration
of trust or
such verified copy
thereof be of the
17declaration is left for record. The register of deeds shall
forthwith immediately 18transmit to the department of financial institutions a certificate stating the time
19when
such copy the declaration or verified copy of the declaration was recorded
and.
20The register of deeds shall be entitled to a fee of 25 cents
therefor for the certificate,
21to be paid by the person presenting
such the papers for record. Upon receipt of
such 22the register of deed's certificate
, the department of financial institutions shall issue
23to
said the trustees
of the trust a certificate of filing.
Note: Subdivides provision, inserts specific references and cross-references.
AB971, s. 164
24Section
164. 241.03 (1) of the statutes is amended to read:
AB971,95,8
1241.03
(1) No
land owner-cropper landowner-cropper contract is valid, except
2between the parties
thereto to the contract, unless the contract, subscribed by the
3parties, describing the premises and containing the entire agreement between the
4parties, or a copy
thereof of the contract, has been filed with the register of deeds of
5the county where
such the premises are located. The register of deeds shall file,
6endorse, enter and index croppers' contracts filed with the register of deeds in
7substantially the same manner as provided for financing statements covering
8security interests in fixtures.
Note: Corrects spelling and inserts specific references.
AB971, s. 165
9Section
165. 281.47 (2) of the statutes is amended to read:
AB971,95,1610
281.47
(2) The city, village or town or the owner of land through which the drain
11is constructed may apply to the circuit court of the county in which the land is located
12to determine the damages, if any. No injunction against the use shall be granted
13until the damages are finally determined and payment refused. Unless within
six 146 months after the system is completed the owner of the land institutes such
15proceedings the owner is barred. The proceedings shall be according to ch. 32, so far
16as applicable.
Note: Replaces word form of number with digit.
AB971, s. 166
17Section
166. 616.71 (12) of the statutes is renumbered 616.71 (12) (intro.) and
18amended to read:
AB971,96,719
616.71
(12) (intro.) "Motor club service" means the rendering, furnishing or
20procuring of
towing service, emergency road service, insurance service, bail bond
21service, legal service, discount service, financial service, buying and selling service,
22theft service, map service and touring service, or any three 3 or more
thereof, as
23herein defined of the following, to any person, in connection with
the that person's
1ownership, operation, use, or maintenance
, of a motor vehicle
by such person, in
2consideration of
such other person that person's being or becoming a member of
,
3affiliated with or entitled to membership or other motor club service from any
4company rendering, procuring or furnishing
the same, or being or becoming in any
5manner affiliated therewith, or being or becoming entitled to receive membership or
6other motor club service therefrom those services by virtue of any agreement or
7understanding with any such company
.:
Note: Replaces word form of number with digit, inserts specific reference, reorders
text, deletes unnecessary language and with the next section of this bill subdivides
provision.
AB971, s. 167
8Section
167. 616.71 (12) (a) to (k) of the statutes are created to read:
AB971,96,99
616.71
(12) (a) Towing service.
AB971,96,1010
(b) Emergency road service.
AB971,96,1111
(c) Insurance service.
AB971,96,1212
(d) Bail bond service.
AB971,96,1313
(e) Legal service.
AB971,96,1414
(f) Discount service.
AB971,96,1515
(g) Financial service.
AB971,96,1616
(h) Buying and selling service.
AB971,96,1717
(i) Theft service.
AB971,96,1818
(j) Map service.
AB971,96,1919
(k) Touring service.
Note: See the previous section of this bill.
AB971, s. 168
20Section
168. 617.23 (3) (c) of the statutes is amended to read:
AB971,97,3
1617.23
(3) (c)
Joint and several liability. If under pars. (a) and (b)
two 2 persons
2are liable with respect to the same distributions
, they shall be jointly and severally
3liable.
Note: Replaces word form of number with digit.
AB971, s. 169
4Section
169. 778.09 (1) of the statutes is renumbered 778.09 and amended to
5read:
AB971,97,11
6778.09 Judgment, costs, commitment of defendant. Where judgment is
7recovered pursuant to this chapter it shall include costs and direct that if the
same
8be judgment is not paid the defendant
(,if an individual
), shall be imprisoned in the
9county jail for a specified time, not exceeding
six
6 months, or until otherwise
10discharged pursuant to law. The commitment shall issue, as in ordinary criminal
11actions, and
such the defendant shall not be entitled to the liberties of the jail.
Note: Replaces parentheses and word form of number with digit. The subsection
number is removed as this section does not have multiple subsections.
AB971,98,8
14779.35 Mining liens. Any person who s
hall perform performs any labor or
15services for any
person or corporation employer engaged in or organized for the
16purpose of mining, smelting or manufacturing
iron, copper, silver or other ores or
17minerals, and any bona fide holder of any draft, time check or order for the payment
18of money due for
any such that labor, issued or drawn by
any such person or
19corporation the employer, shall have a lien for the wages due
for in the amount due
20on
such the draft, check or order
. The lien shall be upon all
of the personal property
21connected with
such the mining, smelting or manufacturing industry belonging to
22such person or corporation the employer, including the ores or products of
such the 23mine or manufactory,
together with the machinery and other personal property used
1in the operation of such mine or manufactory and
, subject to s. 779.36 (2), all
of the
2employer's interest
of such person or corporation in any real estate
belonging thereto
3and connected with
such the mining, smelting or manufacturing business
, which
4said. The lien
under this section shall take precedence of all other debts, judgments,
5decrees, liens or mortgages against
such person or corporation the employer, except
6liens accruing for taxes, fines or penalties and liens under ss. 292.31 (8) (i) and
7292.81, subject to the exceptions and limitations
hereinafter set forth contained in
8this subchapter.
Note: Replaces "person or corporation" with "employer" for consistency with s.
779.36 and for greater clarity, deletes redundant language and inserts specific references
and cross-references.
AB971, s. 171
9Section
171. 779.36 of the statutes is renumbered 779.36 (1) and amended to
10read:
AB971,98,1711
779.36
(1) The Subject to sub. (2), the lien under s. 779.35 extends only to the
12amount of the interest in the real property held by the employer
, and in. In case of
13the employer's death or insolvency, or of the sale or transfer of the
employer's interest
14in the works, mines, manufactories or business,
or the employer's interest therein
15by execution or otherwise, all moneys that may be due for wages to any miner,
16mechanic or laborer shall be a lien upon all
said
of the property and shall be preferred
17and first paid out of the proceeds of the sale
thereof; provided, that no such.
AB971,98,23
18(2) No claim
for wages shall be a lien
under s. 779.35 upon any real estate
19unless
it shall be the claim is filed in the office of the clerk of the circuit court of the
20county in which the real estate
, upon which a lien is claimed
, is situated
. The claim
21shall be filed within
sixty 60 days after the
claim, draft, time check or order
upon
22which the claim is founded is due and payable
, in the manner
that claims for
23mechanics' liens are required to be filed.
Note: Subdivides provision, brakes up long sentences, reorders text, replaces word
form of number with digits and inserts specific references and cross-references for
improved readability and conformity with current style.
AB971, s. 172
1Section
172. 779.37 of the statutes is amended to read:
AB971,99,10
2779.37 Satisfaction of lien. If an attachment, execution or similar writ shall
3be issued against any
person or corporation employer engaged in a business
as is
4within described in s. 779.35, any miner, laborer, mechanic or other person who is
5entitled to claim a lien
thereon under s. 779.35 may give notice in writing of the lien
6claim and the amount
thereof of the lien claimed, verified by affidavit, to the officer
7holding the writ at any time before the actual sale of the property
affected thereby
8and the, that is subject to the writ. The officer shall retain out of the
sale proceeds
9of the sale a sufficient sum to satisfy all
such
lien claims, which sum shall be held
10by the officer, subject to
such the order
as of the
circuit court
may make.
Note: Replaces "person or corporation" with "employer" for consistency with s.
779.36 and for greater clarity, breaks up long sentence, deletes redundant language and
inserts specific references and cross-references.
AB971, s. 173
11Section
173. 779.43 (1) (a) of the statutes is amended to read:
AB971,99,1412
779.43
(1) (a) "Boarding house" includes a house or
other building where
13regular meals are generally furnished or served to
three 3 or more persons at a
14stipulated amount for definite periods of one month or less.
Note: Replaces word form of number with digit and inserts "other" for clarity.
AB971, s. 174
15Section
174. 779.43 (1) (b) of the statutes is amended to read:
AB971,99,2016
779.43
(1) (b) "Lodging house" includes any house or
other building
or part 17thereof where rooms or lodgings are generally rented to
three 3 or more persons
18received or lodged for hire, or any part
thereof
of a house or other building that is let
19in which to for sleep at stipulated rentals for definite periods of one month or less,
20whether any or all
such of the rooms or lodgings are let or used for light housekeeping
1or not,
provided except that
so called duplex flats or apartment houses actually
2divided into residential units shall not be considered
a lodging house lodging houses.
Note: Replaces word form of number with digit and inserts "other" for clarity.
AB971, s. 175
3Section
175. 779.43 (2) of the statutes is renumbered 779.43 (2) (a) and
4amended to read:
AB971,100,165
779.43
(2) (a)
Every Except as provided in par. (b), every keeper of an inn, hotel,
6boarding house or lodging house shall have a lien upon and may retain
the possession
7of all
the baggage and other effects brought into the place by any guest, boarder or
8lodger, whether the baggage and effects are the property of or under the control of
9the guest, boarder or lodger, or
are the property of any other person liable for
such 10the board and lodging for the proper charges owing
such the keeper for board, lodging
11and other accommodation furnished to or for
such
a guest, boarder or lodger, and for
12all moneys loaned, not exceeding
fifty dollars $50, and for extras furnished at the
13written request signed by the guest, boarder or lodger, until
such the charges are
14paid
, and any. Any execution or attachment levied upon
such the baggage or effects
15shall be subject to
such the lien
given by this section and the costs of satisfying it.
16But the
AB971,100,20
17(b) The lien given by this section does not cover charges for alcohol beverages
18nor the papers of any soldier, sailor or marine that are derived from and evidence of
19military or naval service or adjusted compensation, compensation, pension, citation
20medal or badge.
Note: Subdivides provision, brakes up long sentences, replaces word form of
number with digits and inserts specific references and cross-references for improved
readability and conformity with current style.
AB971, s. 176
21Section
176. 779.49 (1) of the statutes is renumbered 779.49 (1) (a) and
22amended to read: