SB259,8,95 59.26 (8) (a) In any county with a population of less than 500,000, the board,
6by ordinance, may fix the number of deputy sheriffs to be appointed in that county
7at not less than that number required by sub. (1) (a) and (b) and may set the salary
8of those deputies. The Subject to sub. (10), the board may provide by ordinance that
9deputy sheriff positions be filled by appointment by the sheriff from a list of all
10persons with the 3 highest scores for each position based on a competitive
11examination. Such competitive examinations may be by a county civil service
12commission or by the division of merit recruitment and selection in the office of state
13employment relations at the option of the board and it shall so provide by ordinance.
14The division of merit recruitment and selection in the office of state employment
15relations shall, upon request of the board, conduct such examination according to the
16methods used in examinations for the state civil service and shall certify an eligible
17list of the names of all persons with the 3 highest scores on that examination for each
18position to the sheriff of that county who shall, subject to sub. (10), make an
19appointment from that list to fill the position within 10 days after he or she receives
20the eligible list. The county for which such examination is conducted shall pay the
21cost of that examination. If a civil service commission is decided upon for the
22selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent
23with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision
24governing minimum compensation of the commissioners. The ordinance or an
25amending ordinance may provide for employee grievance procedures and

1disciplinary actions, for hours of work, for tours of duty according to seniority and for
2other administrative regulations. Any board provision consistent with this
3paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy
4sheriff position by promotion, the sheriff shall, subject to sub. (10), make the
5appointment to the position from a list of 3 deputy sheriffs who receive the highest
6scores in a competitive examination. Such competitive examinations may be by a
7county civil service commission or by the division of merit recruitment and selection
8in the office of state employment relations at the option of the board and it shall so
9provide by ordinance.
SB259, s. 7 10Section 7. 59.26 (10) of the statutes is created to read:
SB259,8,1911 59.26 (10) (a) Notwithstanding the provisions in subs. (1) (intro.), (2), (3), and
12(8) (a), and subject to par. (b), if a county provides law enforcement services to a city
13or village under ss. 59.03 (2) (e) and 62.13 (2s) and if the sheriff appoints additional
14deputies under sub. (2) to provide the services, the sheriff shall, to the greatest extent
15possible, fill the additional deputy positions from the ranks of former police officers
16who lost their positions when their department was abolished under s. 62.13 (2s) (a).
17With regard to each contract that is entered into under s. 59.03 (2) (e), this provision
18does not apply on or after the first day of the 25th month beginning after the contract
19takes effect in the county.
SB259,8,2120 (b) Paragraph (a) applies only to the extent that it is not inconsistent with any
21collective bargaining agreement that is in effect between a county and its employees.
SB259, s. 8 22Section 8. 59.27 (13) of the statutes is created to read:
SB259,8,2523 59.27 (13) Enforce all city, or village, ordinances in a city, or village, in which
24the sheriff provides law enforcement services under a contract described under s.
2562.13 (2s) (a).
SB259, s. 9
1Section 9. 61.65 (1) (a) (intro.) of the statutes is amended to read:
SB259,9,42 61.65 (1) (a) (intro.) Except as provided under s. 61.66, each village with a
3population of 5,000 or more shall, and each village with a population of under 5,000
4may,
provide police protection services by one of the following methods:
SB259, s. 10 5Section 10. 61.65 (1) (a) 4. of the statutes is created to read:
SB259,9,136 61.65 (1) (a) 4. Abolishing its police department and entering into a contract
7with a county under s. 59.03 (2) (e) for the county sheriff to provide law enforcement
8services in all parts of the village. If the village is located in more than one county,
9it may not abolish its police department under this subdivision unless the village
10enters into a contract under this subdivision with the county in which the greatest
11amount of the village's equalized value, population, or territory is located. If a village
12wishes to abolish its police department under this subdivision, it shall act under s.
1362.13 (2s), and s. 62.13 (2s), as it applies to cities, applies to villages.
SB259, s. 11 14Section 11. 62.09 (1) (a) of the statutes is amended to read:
SB259,9,2515 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
16attorney, engineer, one or more assessors unless the city is assessed by a county
17assessor under s. 70.99, one or more constables as determined by the common
18council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
19defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
20except in cities where not applicable, chief of police except in a city that has abolished
21its police department under s. 62.13 (2s)
, chief of the fire department, board of public
22works, 2 alderpersons from each aldermanic district, and such other officers or
23boards as are created by law or by the council. If one alderperson from each
24aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance
25adopted by a two-thirds vote of all its members and approved by the electors at a

1general or special election, provide that there shall be 2 alderpersons from each
2aldermanic district.
SB259, s. 12 3Section 12. 62.13 (1) of the statutes is amended to read:
SB259,10,104 62.13 (1) Commissioners. Except as provided in sub. subs. (2m) and (2s), each
5city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of
6whom shall constitute a quorum. The mayor shall annually, between the last
7Monday of April and the first Monday of May, appoint in writing to be filed with the
8secretary of the board, one member for a term of 5 years. No appointment shall be
9made which will result in more than 3 members of the board belonging to the same
10political party. The board shall keep a record of its proceedings.
SB259, s. 13 11Section 13. 62.13 (2s) of the statutes is created to read:
SB259,10,1812 62.13 (2s) Abolition of police department, county law enforcement. (a)
13Subject to pars. (b) to (d), a city may abolish its police department if it enters into a
14contract with a county under s. 59.03 (2) (e) for the county sheriff to provide law
15enforcement services in all parts of the city. If the city is located in more than one
16county, it may not abolish its police department under this paragraph unless the city
17enters into a contract under this paragraph with the county in which the greatest
18amount of the city's equalized value, population or territory is located.
SB259,10,2219 (b) If a city wishes to contract with a sheriff for law enforcement services, the
20common council shall adopt a resolution, as described under s. 59.03 (2) (a),
21requesting that such services be provided. The resolution shall provide that such
22services are to be provided exclusively by the county.
SB259,10,2423 (c) The contract described under par. (a) shall address at least all of the
24following elements:
SB259,11,3
11. The division, with the county, of the city's assets and liabilities that relate
2to the city's police department and the amount that the county will pay, if any, for
3such assets.
SB259,11,64 2. A description of the level of law enforcement and the number of deputies that
5the county will provide to the city and the amount that the city will pay for the
6services in excess of the city's portion of the county's law enforcement levy.
SB259,11,97 3. A procedure for the city to request, or require, that the county provide
8additional law enforcement services and the cost the county may charge the city for
9providing additional services.
SB259,11,1110 4. The term of the agreement and procedures for the renewal, extension, or
11termination of the agreement.
SB259,11,1312 (d) No contract that is entered into under this subsection may take effect until
13all of the following occur:
SB259,11,1514 1. The county board approves under s. 59.03 (2) (a) the resolution adopted
15under par. (b).
SB259,11,1616 2. The governing bodies of the city and the county approve the contract.
SB259,11,1817 3. The expiration of any collective bargaining agreement between the city and
18its police department employees.
SB259, s. 14 19Section 14. 66.0305 (title) of the statutes is amended to read:
SB259,11,20 2066.0305 (title) Municipal Political subdivision revenue sharing.
SB259, s. 15 21Section 15. 66.0305 (1) of the statutes is amended to read:
SB259,11,2322 66.0305 (1) Definition. In this section, "municipality" "political subdivision"
23means a city, village or, town, or county.
SB259, s. 16 24Section 16. 66.0305 (2) of the statutes is amended to read:
SB259,12,7
166.0305 (2) Municipal Political subdivision revenue sharing agreement.
2Subject to the requirements of this section, any 2 or more municipalities political
3subdivisions
may, by a majority vote of a quorum of their governing bodies, enter into
4an agreement to share all or a specified part of revenues derived from taxes and
5special charges, as defined in s. 74.01 (4). One or more municipalities political
6subdivisions
may enter into agreements under this section with federally recognized
7American Indian tribes or bands.
SB259, s. 17 8Section 17. 66.0305 (3) of the statutes is amended to read:
SB259,12,129 66.0305 (3) Public hearing. At least 30 days before entering into an agreement
10under sub. (2), a municipality political subdivision shall hold a public hearing on the
11proposed agreement. Notice of the hearing shall be published as a class 3 notice
12under ch. 985.
SB259, s. 18 13Section 18. 66.0305 (4) (a) 4. of the statutes is amended to read:
SB259,12,1614 66.0305 (4) (a) 4. The date upon which revenues agreed to be shared under the
15agreement shall be paid to the appropriate municipality political subdivision shall
16be specified.
SB259, s. 19 17Section 19. 66.0305 (5) of the statutes is amended to read:
SB259,12,2218 66.0305 (5) Contiguous boundaries. No municipality political subdivision
19may enter into an agreement under sub. (2) with one or more municipalities political
20subdivisions
unless the municipality political subdivision is contiguous to, or located
21wholly or partially within,
at least one other municipality political subdivision that
22enters into the agreement.
SB259, s. 20 23Section 20. 66.0305 (6) of the statutes is amended to read:
SB259,13,1024 66.0305 (6) Advisory referendum. (a) Within 30 days after the hearing under
25sub. (3), the governing body of a participating municipality political subdivision may

1adopt a resolution calling for an advisory referendum on the agreement. An advisory
2referendum shall be held if, within 30 days after the hearing under sub. (3), a
3petition, signed by a number of qualified electors equal to at least 10% of the votes
4cast for governor in the municipality political subdivision at the last gubernatorial
5election, is filed with the clerk of a participating municipality political subdivision,
6requesting an advisory referendum on the revenue sharing plan. The petition shall
7conform to the requirements of s. 8.40 and shall be filed as provided in s. 8.37. If an
8advisory referendum is held, the municipality's political subdivision's governing
9body may not vote to approve the agreement under sub. (2) until the report under par.
10(d) is filed.
SB259,13,1711 (b) The advisory referendum shall be held not less than 42 days nor more than
1272 days after adoption of the resolution under par. (a) calling for the referendum or
13not less than 42 days nor more than 72 days after receipt of the petition under par.
14(a) by the municipal or county clerk. The municipal or county clerk shall give notice
15of the referendum by publishing a notice in a newspaper of general circulation in the
16municipality political subdivision, both on the publication day next preceding the
17advisory referendum election and one week prior to that publication date.
SB259,13,2418 (c) The advisory referendum shall be conducted by the municipal political
19subdivision's
election officials. The governing body of the municipality political
20subdivision
may specify the number of election officials for the referendum. The
21ballots shall contain the words "For the revenue sharing agreement" and "Against
22the revenue sharing agreement" and shall otherwise conform to the provisions of s.
235.64 (2). The election shall be conducted as are other municipal or county elections
24in accordance with chs. 6 and 7, insofar as applicable.
SB259,14,4
1(d) The election inspectors shall report the results of the election, showing the
2total number of votes cast and the numbers cast for and against the revenue sharing.
3The election inspectors shall attach their affidavit to the report and immediately file
4the report in the office of the municipal or county clerk.
SB259,14,65 (e) The costs of the advisory referendum election shall be borne by the
6municipality political subdivision that holds the election.
SB259, s. 21 7Section 21. 101.14 (1) (d) of the statutes is repealed.
SB259, s. 22 8Section 22. 115.28 (3m) (c) of the statutes is repealed.
SB259, s. 23 9Section 23. 115.28 (32) of the statutes is repealed.
SB259, s. 24 10Section 24. 115.28 (33) of the statutes is repealed.
SB259, s. 25 11Section 25. 115.28 (34) of the statutes is repealed.
SB259, s. 26 12Section 26. 115.28 (37) of the statutes is repealed.
SB259, s. 27 13Section 27. 115.28 (44) of the statutes is repealed.
SB259, s. 28 14Section 28. 118.07 (2) (a) of the statutes is renumbered 118.07 (2) and
15amended to read:
SB259,14,2116 118.07 (2) Once each month, without previous warning, the person having
17direct charge of any public or private school shall drill all pupils in the proper method
18of departure from the building as if in case of fire, except when the person having
19direct charge deems that the health of the pupils may be endangered by inclement
20weather conditions. The school board or governing body of the private school shall
21maintain for at least 7 years a record of each fire drill conducted.
SB259, s. 29 22Section 29. 118.07 (2) (b) of the statutes is repealed.
SB259, s. 30 23Section 30. 118.258 (1) of the statutes is amended to read:
SB259,15,424 118.258 (1) Each school board shall may adopt rules prohibiting a pupil from
25using or possessing an electronic paging or 2-way communication device while on

1premises owned or rented by or under the control of a public school. The rules may
2allow for the use or possession of such a device by a pupil if the school board or its
3designee determines that the device is used or possessed for a medical, school,
4educational, vocational or other legitimate use.
SB259, s. 31 5Section 31. 118.258 (2) (a) of the statutes is renumbered 118.258 (2) and
6amended to read:
SB259,15,97 118.258 (2) Annually, if the school board adopts rules under sub. (1), it shall
8provide each pupil enrolled in the school district with a copy of the rules under sub.
9(1)
.
SB259, s. 32 10Section 32. 118.258 (2) (b) of the statutes is repealed.
SB259, s. 33 11Section 33. 120.12 (13) of the statutes is repealed.
SB259, s. 34 12Section 34. 120.12 (17) of the statutes is renumbered 120.13 (30).
SB259, s. 35 13Section 35. 120.12 (23) of the statutes is amended to read:
SB259,15,1814 120.12 (23) Pupil participation in school activities. Annually, adopt Adopt a
15policy on access to extracurricular and recreational school programs and activities
16that encourages full participation by all elementary grade pupils in these programs
17and activities. This subsection does not apply to the school board of a union high
18school district.
SB259, s. 36 19Section 36. 120.25 (5) of the statutes is repealed and recreated to read:
SB259,15,2120 120.25 (5) Each school board shall adopt and maintain a written policy on
21contracting under this section.
SB259, s. 37 22Section 37. 121.02 (1) (c) 1. of the statutes is amended to read:
SB259,15,2423 121.02 (1) (c) 1. The pupil fails to meet the reading objectives specified in the
24reading curriculum plan developed maintained by the school board under par. (k).
SB259, s. 38 25Section 38. 121.02 (1) (k) of the statutes is amended to read:
SB259,16,6
1121.02 (1) (k) 1. By September 1, 1988, develop Maintain a written, sequential
2curriculum plan in at least 3 of the following subject areas: reading, language arts,
3mathematics, social studies, science, health, computer literacy, environmental
4education, vocational education, physical education, art and music. The plan shall
5specify objectives, course content and resources and shall include a program
6evaluation method.
SB259,16,87 2. By September 1, 1989, develop Maintain a written, sequential curriculum
8plan in at least 3 additional subject areas specified in subd. 1.
SB259,16,109 3. By September 1, 1990, develop Maintain a written, sequential curriculum
10plan in all of the remaining subject areas specified in subd. 1.
SB259, s. 39 11Section 39. 121.53 (6) of the statutes is amended to read:
SB259,16,1512 121.53 (6) Within 10 days after its occurrence, every accident involving a motor
13vehicle while providing transportation under this subchapter shall be reported to the
14appropriate school board and promptly by the school board to the state
15superintendent on forms provided by the state superintendent
.
SB259, s. 40 16Section 40. 250.01 (4) (a) 3. of the statutes is amended to read:
SB259,16,1917 250.01 (4) (a) 3. A city health department that was established before January
181, 1994, or that withdraws under s. 251.15 (2) or, as a city-city local health
19department established under s. 251.02 (3t), that withdraws under s. 251.15 (2m)
.
SB259, s. 41 20Section 41. Effective dates. This act takes effect on the day after publication,
21except as follows:
SB259,16,2322 (1) The treatment of section 120.12 (17) of the statutes takes effect on July 1,
232006.
SB259,16,2424 (End)
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