1999 Wisconsin Act 150

150,301 Section 301. 66.145 of the statutes is renumbered 62.55 and amended to read:

62.55 Requirements for surety bonds of officers and employes in cities of the first 1st class cities. When any If an office or position in the service of any city of the first a 1st class city involves fiduciary responsibility or the handling of money, the appointing officer may require the appointee to furnish a bond or other security to such the officer and the said city for the faithful performance of the appointee's duty, the. The amount to of the bond or security shall be fixed by the appointing officer, with the approval of the mayor, and notice. Notice of the mayor's approval shall be given to the city clerk by the mayor. Each bond shall be approved by the city attorney as to the form and execution thereof, and by the common council as to the sufficiency of the sureties therein; provided, however, that any. Any surety company, the bonds of which are accepted by the judge of any court of record in this state, or which is approved by the comptroller of the said city, shall be is sufficient security on any such the bond, and that the. The premium on such a bond under this section, within the limits fixed by law, shall be paid out of the city treasury. The appointing officer shall immediately after the execution of such the bond file the same bond with the city clerk, and it shall be the duty of the. The city clerk to shall require compliance with the terms of this section requiring the filing of bonds with the city clerk by officers and employes, and all such bonds . Bonds of city officers and employes under this section, duly witnessed and acknowledged, after being approved by the common council, shall be delivered to the city comptroller, who shall have them recorded in the office of the register of deeds and, after such recording by the city comptroller in the office of the register of deeds, the said. After the bonds are recorded, the bonds shall be returned to the city clerk, who shall keep them on file in the city clerk's office; except that after the recording of the bond of the city clerk by the city comptroller, said that bond shall remain on file in the office of the city comptroller. Each bond filed by any surety company shall be accompanied by a duplicate of said the bond, which. The duplicate shall be filed by the clerk with the city comptroller.

150,302 Section 302. 66.146 of the statutes is renumbered 62.51.

150,303 Section 303. 66.18 of the statutes is renumbered 66.0137 (2) and amended to read:

66.0137 (2) Liability and worker's compensation insurance. The state, or any municipality as defined in s. 345.05 (1) (c), is empowered to or a local governmental unit may procure risk management services and liability insurance covering the state or municipality local governmental unit and its officers, agents and employes and worker's compensation insurance covering officers and employes of the state or municipality local governmental unit. A municipality local governmental unit may participate in and pay the cost of risk management services and liability and worker's compensation insurance through a municipal insurance mutual organized under s. 611.23.

150,304 Section 304. 66.182 of the statutes is renumbered 66.0137 (3).

150,305 Section 305. 66.184 of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.0137 (4).

150,306 Section 306. 66.185 of the statutes is renumbered 66.0137 (5) and amended to read:

66.0137 (5) Hospital, accident and life insurance. Nothing in the statutes shall be construed to limit the authority of the state or municipalities, as defined in s. 345.05, to The state or a local governmental unit may provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employes and officers and their spouses and dependent children, and such authority is hereby granted. A municipality local governmental unit may also provide for the payment of premiums for hospital and surgical care for its retired employes. In addition, a municipality local governmental unit may, by ordinance or resolution, elect to offer to all of its employes a health care coverage plan through a program offered by the group insurance board under ch. 40. Municipalities which elect A local governmental unit that elects to participate under s. 40.51 (7) shall be is subject to the applicable sections of ch. 40 instead of this section subsection.

150,307 Section 307. 66.186 of the statutes is renumbered 62.61 and amended to read:

62.61 Health insurance; first 1st class cities. The common council of any a 1st class city may, by ordinance or resolution, provide for, including the payment of premiums of, general hospital, surgical and group insurance for both active and retired city officers and city employes and their respective dependents and for payment of premiums therefor in private companies, or may, by ordinance or resolution, elect to offer to all of its employes a health care coverage plan through a program offered by the group insurance board under ch. 40. Municipalities which elect to participate under s. 40.51 (7) shall be are subject to the applicable sections of ch. 40 instead of this section. Contracts for such insurance under this section may be entered into for active officers and employes separately from such contracts for retired officers and employes. Appropriations may be made for the purpose of financing such insurance under this section. Moneys accruing to such a fund to finance insurance under this section, by investment or otherwise, shall may not be diverted for any other purpose than those for which such the fund was set up or to defray management expenses of such the fund or to partially pay premiums so as to reduce costs to the city or to persons covered by such the insurance, or both.

150,308 Section 308. 66.187 of the statutes is renumbered 62.59.

150,309 Section 309. 66.189 of the statutes is renumbered 62.67.

150,310 Section 310. 66.19 of the statutes is renumbered 66.0509, and 66.0509 (1) to (4), as renumbered, are amended to read:

66.0509 (1) Any city or village may proceed under s. 61.34 (1), 62.11 (5) or 66.01 66.0101 to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employes subject to s. 62.13, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s. 230.16 (7). The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included thereunder in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1).

(2) (a) Any town may establish a civil service system under sub. (1) and in such the departments as that the town board may determine. Any person who has been employed in any such a department for more than 5 years prior to before the establishment of such a civil service system applicable to that department is eligible to appointment without examination.

(b) Any town not having a civil service system and having exercised the option of placing assessors under civil service under s. 60.307 (3) may establish a civil service system for assessors under sub. (1), unless such the town has come within the jurisdiction of a county assessor under s. 70.99.

(3) When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and thereafter after the 6-year period it may be repealed only by proceedings under s. 9.20 by referendum vote. This subsection shall does not apply where if a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under s. 70.99.

(4) Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of such the board or commission for cause by the mayor with approval of the council, and in cities organized under the provisions of ss. 64.01 to 64.15 by the city manager and the council in a city organized under ss. 64.01 to 64.15, and by the board in villages and towns a village or town.

150,311 Section 311. 66.192 of the statutes is renumbered 66.0503, and 66.0503 (1) (intro.) and (b), (3), (4) and (5), as renumbered, are amended to read:

66.0503 (1) (intro.) The office of county supervisor may be consolidated by charter ordinance under s. 66.01 61.1895 or 66.0101:

(b) With the office of alderperson or council member in any city in which the district from which such the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.10 (3).

(3) Removal from office of any incumbent of such consolidated office shall vacate said an office consolidated under this section vacates the office in its entirety whether effected under ss. 17.09, 17.12 and 17.13 or other pertinent statute.

(4) Compensation for such consolidated office an office consolidated under this section shall be separately established by the several governing bodies affected thereby by the consolidation as though no consolidation of offices had occurred.

(5) Tenure for such combination officer an officer of an office consolidated under this section shall coincide with the term for county supervisors.

150,312 Section 312. 66.196 of the statutes is renumbered 66.0505 and amended to read:

66.0505 Compensation of governing bodies. An elected official of any county, city, town or village, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of such the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.

150,313 Section 313. 66.197 of the statutes is repealed.

Note: Repeals s. 66.197, which authorizes a county board to increase the salary of an elected official during the official's term of office. The statute is in direct conflict with s. 59.22 (1) (a) 1., which prohibits the increase or decrease of an elected official's salary during the official's term of office. Section 66.197 is repealed and s. 59.22 (1) (a) 1. is retained since the policy of the latter statute expresses the typical Wisconsin practice regarding the salary of an elected official.

150,314 Section 314. 66.199 of the statutes is renumbered 66.0507.

150,315 Section 315. 66.20 of the statutes is renumbered 200.01, and 200.01 (intro.), as renumbered, is amended to read:

200.01 Metropolitan sewerage districts, definitions. (intro.) Unless the context requires otherwise, for the purposes of ss. 66.20 to 66.26 this subchapter, the following terms have the designated meanings:

150,316 Section 316. 66.21 of the statutes is renumbered 200.03 and amended to read:

200.03 Applicability. Sections 66.20 to 66.26 shall apply This subchapter applies to all areas of the state except those areas included in a metropolitan sewerage district created under ss. 66.88 200.21 to 66.918 200.65.

150,317 Section 317. 66.22 of the statutes is renumbered 200.05, and 200.05 (3) (b) and (6), as renumbered, are amended to read:

200.05 (3) (b) Conduct the hearing to permit any person to present any oral or written pertinent and relevant information relating to the purposes and standards of ss. 66.20 to 66.26 this subchapter; and

(6) No resolution for the formation of a district encompassing the same or substantially the same territory shall be made by any municipality for one year following the issuance of an order denying the formation under ss. 66.20 to 66.26 this subchapter.

150,318 Section 318. 66.225 of the statutes is renumbered 200.07.

150,319 Section 319. 66.23 of the statutes is renumbered 200.09, and 200.09 (1), (9) and (10), as renumbered, are amended to read:

200.09 (1) A district formed under ss. 66.20 to 66.26 this subchapter shall be governed by a 5-member commission appointed for staggered 5-year terms. Except as provided in sub. (11), commissioners shall be appointed by the county board of the county in which the district is located. If the district contains territory of more than one county, the county boards of the counties not having the greatest population in the district shall appoint one commissioner each and the county board of the county having the greatest population in the district shall appoint the remainder. Of the initial appointments, the appointments for the shortest terms shall be made by the counties having the least amount of population, in reverse order of their population included in the district. Commissioners shall be residents of the district. Initial appointments shall be made no sooner than 60 days and no later than 90 days after issuance of the department order forming a district or after completion of any court proceedings challenging such order. A per diem compensation not to exceed $50 may be paid to commissioners. Commissioners may be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.

(9) Chapter 276, laws of 1971, shall apply to every metropolitan sewerage district that had been operating, prior to April 30, 1972, under ss. 66.20 to 66.209, 1969 stats. Commissioners for such districts who were in office on April 30, 1972 shall continue to serve until their respective terms are completed. The county board of the county having the greatest population in the district shall appoint 2 additional members to each such commission no sooner than 60 days and no later than 90 days after April 30, 1972. One such member shall have a 5-year term and one such member shall have a 4-year term. The county board of those counties having population within the district that did not appoint the preceding 2 members if any shall, each in turn according to their population in the district, appoint successors to each of the 3 commissioners who held office on April 30, 1972, until their allotted number of appointments, as specified under sub. (1) is filled. The governor may adjust terms of the successors to the 3 original commissioners in order that the appointment schedules are consistent with s. 66.23 this section.

(10) Sections 66.20 200.01 to 66.26 200.15 do not affect the continued validity of contracts and obligations previously entered into by a metropolitan sewerage district operating under ss. 66.20 to 66.209, 1969 stats., prior to April 30, 1972, nor validity of any such district.

150,320 Section 320. 66.24 of the statutes is renumbered 200.11, and 200.11 (1) (b) and (d) and (9), as renumbered, are amended to read:

200.11 (1) (b) Plans. The commission shall prepare and by resolution adopt plans and standards of planning, design and operation for all projects and facilities which will be operated by the district or which affect the services to be provided by the district. Commissions may and are encouraged to contract with regional or area-wide planning agencies for research and planning services. The commission's plans shall be consistent with adopted plans of a regional planning commission or area-wide planning agency organized under s. 66.945 66.0309.

(d) Rules. The commission may adopt rules for the supervision, protection, management and use of the systems and facilities operated by the district. Such rules may, in the interest of plan implementation, restrict or deny the provision of utility services to lands which are described in adopted master plans or development plans of a municipality or county as not being fit or appropriate for urban or suburban development. Rules of the district shall be adopted and enforced as provided by s. 66.902 200.45. Notwithstanding any other provision of law, such rules or any orders issued thereunder, may be enforced under s. 823.02 and the violation of any rule or any order lawfully promulgated by the commission is declared to be a public nuisance.

(9) Extraterritorial service by contract. A district may provide service to territory outside the district, including territory in a county not in that district, under s. 66.30 66.0301, subject to ss. 66.20 200.01 to 66.26 200.15 and 66.902 200.45, except that s. 66.23 200.09 (1) does not require the appointment of a commissioner from that territory.

150,321 Section 321. 66.25 of the statutes is renumbered 200.13, and 200.13 (1) (i), (j), (m) and (n) (intro.), (2), (3) (a), (4), (12) and (13), as renumbered, are amended to read:

200.13 (1) (i) The owner of any parcel of real estate affected by the determination and assessments may, within 20 days after the date of such determination, appeal to the circuit court of the county in which the land is situated, and s. 66.60 66.0703 (12) shall apply to and govern such appeal, however the notice therein required to be served upon the city clerk shall be served upon the district, and the bond therein provided for shall be approved by the commission and the duties therein devolving upon the city clerk shall be performed by the president of the commission.

(j) The commission may provide that the special assessment may be paid in annual instalments not more than 10 in number, and may, for the purpose of anticipating collection of the special assessments, and after said instalments have been determined, issue special improvement bonds payable only out of the special assessment, and s. 66.54 66.0713 shall apply to and govern the instalment payments and the issuance of said bonds, except that the assessment notice shall be substantially in the following form:

INSTALMENT ASSESSMENT NOTICE

Notice is hereby given that a contract has been (or is about to be) let for (describe the improvements) and that the amount of the special assessment therefor has been determined as to each parcel of real estate affected thereby, and a statement of the same is on file with the commission; that it is proposed to collect the same in .... instalments, as provided by s. 66.54 66.0713, with interest thereon at ....% per year; that all assessments will be collected in instalments, as above provided, except such assessments as the owners of the property shall, within 30 days from the date of this notice, file with the commission a statement in writing that they elect to pay in one instalment, in which case the amount of the instalment shall be placed upon the next ensuing tax roll.

(m) Section 66.60 (17) 66.0703 (14) shall be applicable to assessments made under this section.

(n) (intro.) The commission may provide for a deferred due date on the levy of the special assessment as to real estate which is in agricultural use or which is otherwise not immediately to receive actual service from the sewer or other facility for which the assessment is made. Such assessments shall be payable as soon as such lands receive actual service from the sewer or other facility. Any such special assessments shall be a lien against the property from the date of the levy. For the purpose of anticipating collection of special assessments for which the due date has been deferred, the commission may issue special improvement bonds payable only out of the special assessments. Section 66.54 66.0713 shall apply to and govern the issuance of bonds, except that the assessment notice shall be substantially in the following form:

(2) Tax levy. The commission may levy a tax upon the taxable property in the district as equalized by the department of revenue for state purposes for the purpose of carrying out and performing duties under ss. 66.20 to 66.26 this subchapter but the amount of any such tax in excess of that required for maintenance and operation and for principal and interest on bonds or promissory notes shall not exceed, in any one year, one mill for each dollar of the district's equalized valuation, as determined under s. 70.57. The tax levy may be spread upon the respective real estate and personal property tax rolls of the city, village and town areas included in the district taxes, and shall not be included within any limitation on county or municipality taxes. Such moneys when collected shall be paid to the treasurer of such district.

(3) (a) The commission may establish service charges in such amount as to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair and depreciation of functions authorized by ss. 66.20 to 66.26 this subchapter, and for the payment of all or part of the principal and interest of any indebtedness incurred thereof.

(4) Borrowing. A district under ss. 66.20 to 66.26 this subchapter may borrow money and issue municipal obligations under ss. 66.066 66.0621 and 66.54 66.0713 and ch. 67.

(12) Exemption from levies. Lands designated as permanent open space, agricultural protection areas or other undeveloped areas not to be served by public sanitary sewer service in plans adopted by a regional planning commission or other area-wide planning agency organized under s. 66.945 66.0309 and approved by the board of supervisors of the county in which the lands are located shall not have property taxes, assessments or service charges levied against them by the district.

(13) Application of other laws. Section 66.076 66.0821 shall apply to all districts now or hereafter organized and operating under ss. 66.20 to 66.26 this subchapter.

150,322 Section 322. 66.26 of the statutes is renumbered 200.15, and 200.15 (2) and (4), as renumbered, are amended to read:

200.15 (2) Proceedings leading to the addition of other territory to a district may be initiated by petition from a municipal governing body or upon motion of the commission. Upon receipt of the petition or upon adoption of the motion, the commission shall hold a public hearing preceded by a class 2 notice under ch. 985. The commission may approve the annexation upon a determination that the standards of ss. 66.22 200.05 (4) (b) and (c) and 66.26 200.15 (3) are met. Approval actions by the commission under this section shall be subject to review under ch. 227.

(4) Section 66.23 200.09 (1) does not require the appointment of a commissioner from territory annexed under this section if that territory, on the day before the annexation, has a population of less than 8.5% of the total population served by the district.

150,323 Section 323. 66.27 of the statutes is renumbered 66.1025 and amended to read:

66.1025 Relief from conditions of gifts and dedications. (1) If the governing body of a county, city, town or village accepts a gift or dedication of land made on condition that the land be devoted to a special purpose, and the condition subsequently becomes impossible or impracticable, such the governing body may by resolution or ordinance enacted by a two-thirds vote of its members elect members-elect either to grant the land back to the donor or dedicator or the heirs of the donor or dedicator, or accept from the donor or dedicator or the heirs of the donor or dedicator, a grant relieving the county, city, town or village of the condition, pursuant to article XI, section 3a, of the constitution.

(2) (a) If such the donor or dedicator of land to a county, city, town or village or the heirs of the donor or dedicator are unknown or cannot be found, such the resolution or ordinance described under sub. (1) may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.

(b) Any such action under this subsection shall be brought in a court of record in the manner provided in ch. 801. A lis pendens shall be filed or recorded as provided in s. 840.10 upon the commencement of the action. Service upon persons whose whereabouts are unknown may be made in the manner prescribed in s. 801.12.

(c) The court may render judgment in such action an action under this subsection relieving the county, city, town or village of the condition of the gift or dedication.

150,324 Section 324. 66.28 (title) of the statutes is renumbered 66.0139 (title).

150,325 Section 325. 66.28 (1) to (4) of the statutes are renumbered 66.0139 (2) to (5) and amended to read:

66.0139 (2) Cities, villages, towns and counties A political subdivision may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days, after the taking of possession of the property by the city, village, town or county officers an officer of the political subdivision by any means determined to be in the best interest of the city, village, town or county political subdivision. If the property is not disposed of in a sale open to the public, every city, village, town and county the political subdivision shall maintain an inventory of such the property ;, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the city, village, town or county treasury of the political subdivision.

(3) Cities, villages, towns and counties A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices without a public auction. The city, village, town or county political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials or devices which have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision a disposal procedure shall include a presumption that if the substance, material or device appears to be or is reported stolen an attempt will be made to return the substance, material or device to the rightful owner.

(4) Except as provided in s. 968.20 (3), a 1st class cities city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposition Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition shall be are subject to sub. (4) (5).

(5) A city, village, town or county political subdivision may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under s. 968.20.

150,326 Section 326. 66.285 of the statutes is renumbered 66.0135, and 66.0135 (1) (intro.), (c) and (d), (2) (a) and (b) 2. and (4) (intro.), as renumbered, are amended to read:

66.0135 (1) Definitions. (intro.) In this section and s. 66.286:

(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

(d) "Subcontractor" has the meaning given in s. 66.29 66.0901 (1) (d).

(2) (a) Except as provided in sub. (4) or as otherwise specifically provided, an agency that does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with s. 66.286 sub. (7), from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

(b) 2. Within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with s. 66.286 sub. (7), within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.

(4) Exceptions. (intro.) Subsection (2) does not apply to any of the following:

150,327 Section 327. 66.286 of the statutes is renumbered 66.0135 (7).

150,328 Section 328. 66.29 (title) and (1) (title) of the statutes are renumbered 66.0901 (title) and (1) (title).

150,329 Section 329. 66.29 (1) (a) of the statutes is renumbered 66.0901 (1) (b) and amended to read:

66.0901 (1) (b) In this section, "person "Person" means an individual, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.

150,330 Section 330. 66.29 (1) (b) of the statutes is renumbered 66.0901 (1) (a) and amended to read:

66.0901 (1) (a) "Municipality" means the state and any or a town, city, village, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other public body charged with the duty of receiving bids for and awarding any public contracts.

150,331 Section 331. 66.29 (1) (c) and (d) and (2) to (8) of the statutes are renumbered 66.0901 (1) (c) and (d) and (2) to (8) and amended to read:

66.0901 (1) (c) The term "public "Public contract" shall mean and include any means a contract for the construction, execution, repair, remodeling, or improvement of any a public work, or building, or for the furnishing of supplies, or material of any kind whatsoever, proposals for which are required to be advertised for by law.

(d) "Subcontractor" means a person whose relationship to the principal contractor is substantially the same as to a part of the work as the latter's relationship is to the proprietor. A "subcontractor" takes a distinct part of the work in such a way that the "subcontractor" does not contemplate doing merely personal service.

(2) Bidder's proof of responsibility. Every A municipality, board or public body upon all contracts subject to this section intending to enter into a public contract may, before delivering any form for bid proposals, plans and specifications pertaining thereto to any person, excepting except materialmen, suppliers and others not intending to submit a direct bid, require such the person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths, of. The statement shall consist of information relating to financial ability, equipment, experience in the work prescribed in said the public contract, and of such other matters as that the municipality, board, public body or officer thereof may require requires for the protection and welfare of the public in the performance of any a public contract; such. The statement shall be in writing on a standard form of a questionnaire as that is adopted for such use and furnished by the municipality, board or public body or officer thereof, to be furnished by such municipality, board, public body or officer thereof. Such. The statement shall be filed in the manner and place designated by the municipality, board, public body or such officer thereof. Such statements. The statement shall not be received less than 5 days prior to the time set for opening of bids. The contents of said statements the statement shall be confidential and shall may not be disclosed except upon the written order of such the person furnishing the same, or statement, for necessary use by the public body in qualifying such the person, or in cases of action against, or by such, the person or municipality. The governing body of the municipality or such the committee, board or employe as is charged with, or delegated by the governing body with, the duty of receiving bids and awarding contracts or to whom the governing body has delegated the power shall properly evaluate the sworn statements filed relative to financial ability, equipment and experience in the work prescribed statement and shall find the maker of such the statement either qualified or unqualified. This subsection shall does not apply to cities of the first a 1st class city.