1997 Wisconsin Act 254

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.

Note: Replaces word form of number with digit.

254,166 Section 166 . 616.71 (12) of the statutes is renumbered 616.71 (12) (intro.) and amended to read:

616.71 (12) (intro.) “Motor club service" means the rendering, furnishing or procuring of towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service and touring service, or any three 3 or more thereof, as herein defined of the following, to any person, in connection with the that person's ownership, operation, use, or maintenance, of a motor vehicle by such person, in consideration of such other person that person's being or becoming a member of, affiliated with or entitled to membership or other motor club service from any company rendering, procuring or furnishing the same, or being or becoming in any manner affiliated therewith, or being or becoming entitled to receive membership or other motor club service therefrom those services by virtue of any agreement or understanding 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.

254,167 Section 167 . 616.71 (12) (a) to (k) of the statutes are created to read:

616.71 (12) (a) Towing service.

(b) Emergency road service.

(c) Insurance service.

(d) Bail bond service.

(e) Legal service.

(f) Discount service.

(g) Financial service.

(h) Buying and selling service.

(i) Theft service.

(j) Map service.

(k) Touring service.

Note: See the previous section of this bill.

254,168 Section 168 . 617.23 (3) (c) of the statutes is amended to read:

617.23 (3) (c) Joint and several liability. If under pars. (a) and (b) two 2 persons are liable with respect to the same distributions, they shall be jointly and severally liable.

Note: Replaces word form of number with digit.

254,169 Section 169 . 778.09 (1) of the statutes is renumbered 778.09 and amended to read:

778.09 Judgment, costs, commitment of defendant. Where judgment is recovered pursuant to this chapter it shall include costs and direct that if the same be judgment is not paid the defendant ( ,if an individual), shall be imprisoned in the county jail for a specified time, not exceeding six 6 months, or until otherwise discharged pursuant to law. The commitment shall issue, as in ordinary criminal actions, 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.

254,170 Section 170 . 779.35 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

779.35 Mining liens. Any person who shall perform performs any labor or services for any person or corporation employer engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such that labor, issued or drawn by any such person or corporation the employer, shall have a lien for the wages due for in the amount due on such the draft, check or order. The lien shall be upon all of the personal property connected with such the mining, smelting or manufacturing industry belonging to such person or corporation the employer, including the ores or products of such the mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and, subject to s. 779.36 (2), all of the employer's interest of such person or corporation in any real estate belonging thereto and connected with such the mining, smelting or manufacturing business , which said. The lien under this section shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation the employer, except liens accruing for taxes, fines or penalties and liens under ss. 292.31 (8) (i) and 292.81, subject to the exceptions and limitations hereinafter set forth contained in this 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.

254,171 Section 171 . 779.36 of the statutes is renumbered 779.36 (1) and amended to read:

779.36 (1) The Subject to sub. (2), the lien under s. 779.35 extends only to the amount of the interest in the real property held by the employer, and in. In case of the employer's death or insolvency, or of the sale or transfer of the employer's interest in the works, mines, manufactories or business, or the employer's interest therein by execution or otherwise, all moneys that may be due for wages to any miner, mechanic or laborer shall be a lien upon all said of the property and shall be preferred and first paid out of the proceeds of the sale thereof; provided, that no such.

(2) No claim for wages shall be a lien under s. 779.35 upon any real estate unless it shall be the claim is filed in the office of the clerk of the circuit court of the county in which the real estate, upon which a lien is claimed , is situated. The claim shall be filed within sixty 60 days after the claim, draft, time check or order upon which the claim is founded is due and payable, in the manner that claims for mechanics' 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.