1997 Wisconsin Act 254

254,133 Section 133 . 198.17 (3) of the statutes is renumbered 198.17 (3) (a) and amended to read:

198.17 (3) (a) If the owner of such the utility shall identified in the declaration has not have consented in any manner provided by law and shall has not have become legally bound to consent to the purchase by the public or any municipality of such the utility or any part thereof so determined to be acquired by the district, the general counsel of the district shall, before proceedings are had under sub. (2), cause to be instituted and prosecuted, commence an action to determine the necessity of the taking of the utility by the district. The action shall be brought in the name and behalf of the district in the circuit court for the county in which the principal administrative office of the district is located, an action against the owner or owners of such public the utility as defendant or defendants, praying the court for an adjudication as to of the necessity of such the taking by the district, in which the complaint. The complaint in the action shall be served with the summons.

(b) The defendant or defendants owner shall answer in said the action commenced under par. (a) within ten 10 days after such service of the summons and complaint on the owner and the action shall be at issue and stand ready for trial upon ten 10 days' notice by either party. Unless the parties thereto waive a jury, the question as to the necessity of the taking of such property the utility by the district shall be as speedily as possible submitted to a jury. If the jury or the court, in case a jury is waived, shall find finds that a necessity exists for the taking by the district of such property, or for the taking thereby of that part thereof to the public or municipal purchase of the utility, to which the owner shall not have consented, the directors shall cause speedy notice of such the finding of necessity to be certified to the commission and to the owner or owners of such property, and the. The commission and the parties shall then proceed to the ascertainment of the just compensation to be paid by the district to the owners of such property therefor, and the owner for the utility. The consummation of the transfer of the same utility to the district and the payment of such the compensation, to the owner shall be in the manner provided in sub. (2).

Note: Subdivides provision, breaks up long sentences, inserts specific references and replaces other language for greater readability and conformity with current style.

254,134 Section 134 . 198.17 (4) of the statutes is amended to read:

198.17 (4) Municipal utility exemption. No utility owned by any municipality within the district shall be acquired by the district, except by mutual agreement pursuant to sub. (1) (1m), until the district shall have has first obtained, from the commission, after notice and hearing accorded to the municipality, a certificate that public necessity and convenience require that such the utility be owned and operated by the district. If such the certificate is granted the consummation of the acquisition shall be in the manner provided in sub. (2).

Note: Amends cross-reference in accordance with renumbering by this bill and replaces other language for greater conformity with current style.

254,135 Section 135 . 198.17 (5) of the statutes is renumbered 198.17 (5) (a) and amended to read:

198.17 (5) (a) If the board of directors of the district shall be of the opinion determine that the district should acquire any part less than the whole of the physical property of any utility which is or may be owned and operated as an entirety, the board directors shall, before adopting any resolution or ordinance declaring the determination of the district to acquire such the property, apply to the commission for and obtain the commission's certificate of authority so to do so. The application of the district for such the certificate shall state with reasonable certainty the part or parts of such the utility proposed to be acquired and the part or parts thereof of the utility not proposed to be acquired and the. The application shall also state the facts with respect to such the properties to be acquired and the considerations on which the board of directors rely to show that such only the part or parts, rather than the whole of such the utility sought by the district should be acquired by the district. A copy of such the application shall be served upon the owner or owners of the utility affected and upon any municipality, whether within or without the district, in which such the utility operates or furnishes any service.

(b) The commission shall fix a time and place for hearing on such the application made under par. (a) and shall give ten 10 days' notice thereof of the hearing to all parties interested and. The commission shall conduct a public hearing and investigation concerning the matters therein alleged in the application and shall make and file written findings and conclusions with respect thereto to those matters. Before approving such the application and granting the certificate of authority herein applied for, the commission shall ascertain and find:

1. That the acquisition by the district of the part or parts of such the utility, as in such application proposed in the application, will be of greater financial, economic and industrial advantage to the district than the acquisition of the whole of such utility as an entirety as operated.

2. That the acquisition by the district of the part or parts of such the utility, as in such application proposed in the application, will not result in any substantial injury to public interests or impairment of public service that would not result if such the utility was acquired as an entirety and continued to be operated as such an entirety.

3. That the acquisition by the district of the part or parts of such the utility, as in such application proposed in the application, will not render the part or parts thereof of the utility that will not be acquired incapable of continuing to render any substantial public service being rendered thereby by the utility adequately and at reasonable rates, tolls or charges for such the service.

Note: Subdivides provision, replaces word form of number with digits, deletes redundancies, inserts specific references and replaces other language.

254,136 Section 136 . 198.17 (8) of the statutes is amended to read:

198.17 (8) Municipal loans to districts. Any municipality situated within the boundaries of such a district may provide for a loan to such the district to pay the preliminary organization and administration expenses thereof of the district, on such the terms as that the governing bodies of such the municipality and such the district may agree upon; provided, that any such. The lending municipality shall have the right, at its option, to receive bonds or other obligations of any such the borrowing district of any issue, providing for the payment of an amount of principal equal to that of the loan hereby authorized under this subsection, in place of the obligations created by such the loan; and provided further that the. The terms of such a loan under this subsection shall in every case provide that such a the municipality making the loan shall receive interest from the date of the loan at not less than the rate of interest provided for in the first bonds or other securities issued by such the district, to become due at the date of issue of such the securities, or at some specified date theretofore, prior to or at some specified date not more than one year thereafter after the date of issue, subject to the limitation of total indebtedness of the district contained in s. 198.14 (9).

Note: Breaks up long sentences, inserts specific references and replaces other language for greater readability and conformity with current style.

254,137 Section 137 . 198.20 of the statutes is renumbered 198.20 (1) and amended to read:

198.20 (1) Any two 2 power districts may be consolidated by ordinance, passed by a two-thirds vote of all of the members of the board of each power district, fixing the terms of the consolidation and ratified by the electors at a referendum held in each district. The ballots shall bear the words, “For Consolidation," and “Against Consolidation,"and if. If a majority of the votes cast thereon on the question of consolidation in each district shall be for consolidation, the ordinance shall be in effect and have the force of a contract. Such

(2) The election, and all matters pertaining thereto to the election not otherwise provided for in this section, shall be held and conducted and the result thereof ascertained, determined and declared in accordance with s. 198.06 (3) and (4). The ordinance and the result of the referendum shall be certified to the secretary of state. From and after such After certification said, the consolidation shall be deemed considered complete. Consolidation shall not affect the preexisting rights or liabilities of any power districts and actions thereon on those rights and liabilities may be commenced or completed as though no consolidation had been effected.

Note: Breaks up sentence, inserts specific references, deletes redundancy and replaces other language for greater readability and conformity with current style.

254,138 Section 138 . 198.21 of the statutes is amended to read:

198.21 District obligations inviolate. Any provision of this chapter may be altered, amended or repealed at any time by the legislature, but no amendment, repeal or alteration thereof shall ever be enacted which shall release any district organized thereunder from any liability which it shall incur for the acquisition of property or for obtaining funds for the purposes of the district. The guarantees of this section shall be deemed and held to inhere in and become be a part of every contract authorized by this chapter and entered into by any district thereunder under this chapter.

Note: Inserts specific references, deletes redundancies and replaces other language for greater readability and conformity with current style.

254,139 Section 139 . 198.22 (2) (intro.) of the statutes is amended to read:

198.22 (2)  Definitions. (intro.) The provisions of ss. 198.01 to 198.04, 198.06 (2) to (7), 198.10 (5), 198.12 (1) to (5), 198.13 (3) to (5), 198.14 (1), (2), (5) to (8) and (10) to (15), 198.145, 198.15, 198.165, 198.17 (6) to (8), 198.18 (2) to (5), 198.21 and 893.77 (3) as now in effect or as subsequently amended shall apply to municipal water districts, except that in this section and in the above mentioned statutory provisions, adopted herein by reference as applied to this section the following shall apply:

Note: Eliminates unnecessary language and modernizes and clarifies remaining language.

254,140 Section 140 . 213.02 (title) of the statutes is amended to read:

213.02 (title) Trustees; their City and village fire company trustees: election,; powers.

254,141 Section 141 . 213.02 of the statutes is renumbered 213.02 (1) and amended to read:

213.02 (1) The members of any fire engine, hook and ladder, sack or other fire company, in any city or village, which shall have has been duly organized and shall have has elected such those officers as they are by law required to do by law, and whose organization and election of officers shall have have been confirmed or sanctioned by the common council of such city or board of trustees of such the governing body of the city or village, may, when assembled at their usual place of meeting and according to the rules of such the company, elect annually not less than three 3 nor more than nine 9 trustees to take. The trustees shall have the power to do any of the following:

(a) Take charge of the estate and property of such the fire company, and transact all business relative to the investment, care and disposal thereof; they may have of the property.

(b) Have a common seal and that the trustees may alter the same at their pleasure , and may take.

(c) Take possession of, and, pursuant to the rules and regulations of such the company, may manage, control, purchase, take, receive, recover and hold, sell, convey, mortgage, demise, lease and improve all of the property of such the company, including all burial places belonging thereto to the company and erect and put in repair all buildings necessary therefor, and may sue for the company.

(d) Sue and be sued in all matters pertaining to such the property and the debts, claims, demands and liabilities of such the company; and under the name in which they shall sue or be sued shall be the “trustees of .... " (name the company of which they are trustees)". And all real estate or other

(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.