AB312: Bill Text

LRB-1776/1

MES:nwn:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 312

June 9, 2009 - Introduced by Representatives Ziegelbauer, Hintz, Kessler, Roys, A. Williams, Ballweg, Bies, Gottlieb, Mason, Gunderson, Gundrum, Kaufert, Knodl, LeMahieu, Lothian, Montgomery, Nass, Ripp, Spanbauer, Townsend, Van Roy, Vos and Wood, cosponsored by Senators Cowles, Darling, Kapanke, A. Lasee, Lazich and Schultz. Referred to Committee on Urban and Local Affairs.

AB312,1,9 An Act to amend 40.02 (48) (am) 22., 40.02 (48) (c), 60.57 (1) (c), 61.66 (1) (a) and (b) and (2), 62.09 (1) (a), 62.09 (13) (a), 62.09 (13) (b), 62.13 (2s) (a), 62.13 (3), 62.13 (6) (a) 1., 62.13 (6) (a) 2., 62.13 (6) (a) 3., 62.13 (6m) (intro.), 62.13 (7m), 62.13 (7n), 62.13 (10m), 62.13 (11), 62.13 (12), 66.0925 (14), 111.70 (1) (a), 425.2065 (1), 891.45 (1) (b), 891.455 (1), 951.01 (3f), 990.01 (7g), 990.01 (7m), 990.01 (7r), 990.01 (28g), 990.01 (28m) and 990.01 (28r); and to create 60.55 (1) (a) 5., 60.553, 60.56 (1) (a) 4. and 62.13 (2e) of the statutes; relating to: authorizing cities and towns, and expanding the authority of villages, to create combined protective services departments.

Analysis by the Legislative Reference Bureau

Generally under current law a village with a population of at least 5,000 is required to provide police protection services by creating its own police department, by contracting for police protection services with a city, village, town, or county or by creating a joint police department with another city, village, or town. Also under current law, in general, a village with a population of at least 5,500 is required to provide fire protection services by creating its own fire department, by contracting for fire protection services with a city, village, or town, or by creating a joint fire department with another city, village, or town.

Current law also authorizes any village to provide police and fire protection services in one of two additional ways. The first way is by using a combined protective services department, which is neither a police department nor a fire department, which was created before January 1, 1987, and in which the same person may be required to perform police protection and fire protection duties, subject to some limitations on consecutive hours that may be worked in police protection. The second way is by requiring persons in a police department or fire department, alone or in combination with persons designated as police officers or fire fighters, to perform police protection and fire protection duties, subject to some limitations on consecutive hours that may be worked in police protection and subject to the limitation that those persons were required to perform those duties before January 1, 1987. In either case, the village may designate any person required to perform police protection and fire protection duties as primarily a police officer or fire fighter for purposes related to presumptions related to certain employment-related diseases.

Generally under current law, 2nd, 3rd, and 4th class cities (presently all cities other than Milwaukee) with populations of at least 4,000 must have police departments and fire departments, and may have joint departments with other cities, villages, or towns. Such cities are generally required to have a board of police and fire commissioners, which appoint the police and fire chiefs who, in turn, appoint subordinates subject to approval by the board. Current law also authorizes a city to abolish its police department if it enters into a contract with a county under which the sheriff provides law enforcement services to the city.

Under a decision of the Wisconsin Supreme Court, Local Union No. 487, IAFF-CIO, v. City of Eau Claire, 147 Wis. 2d 519 (1989), cities may not create combined protective services departments or require persons in a police department or fire department, alone or in combination with persons designated as police officers or fire fighters, to perform police protection and fire protection duties.

This bill authorizes 2nd, 3rd, and 4th class cities, and towns, to provide police and fire protection services in the same two additional ways that villages may do so, either by creating a combined protective services department which is neither a police department nor a fire department and in which the same person may be required to perform police protection and fire protection duties, or by requiring persons in a police department or fire department, alone or in combination with persons designated as police officers or fire fighters, to perform police protection and fire protection duties. The bill also removes the limitations on villages relating to the creation of a department, and the requirement relating to the performance of duties, before January 1, 1987.

Under the bill, cities, villages, and towns may designate any person who is required to perform police protection and fire protection duties as primarily a police officer or fire fighter for purposes relating to rest days, consecutive hours worked, hours of labor, rules for leaving the city, and presumptions related to certain employment-related diseases. These requirements and limitations that apply to persons designated as primarily a police officer or fire fighter under the bill apply to police officers and fire fighters under current law. If a city creates a combined protective services department, the city must create a chief of the department and must abolish the offices of chief of police and fire chief. The chief of a combined protective services department has the same authority as the chief of police and fire chief had.

Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB312, s. 1 Section 1. 40.02 (48) (am) 22. of the statutes is amended to read:

AB312,3,3 40.02 (48) (am) 22. A person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a).

AB312, s. 2 Section 2. 40.02 (48) (c) of the statutes is amended to read:

AB312,3,16 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, excise tax investigator employed by the department of revenue, person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice.

AB312, s. 3 Section 3. 60.55 (1) (a) 5. of the statutes is created to read:

AB312,4,2 60.55 (1) (a) 5. Creating a combined protective services department under s. 60.553.

AB312, s. 4 Section 4. 60.553 of the statutes is created to read:

AB312,4,5 60.553 Combined protective services. (1) Any town may provide police and fire protection services by any of the following:

AB312,4,11 (a) A combined protective services department which is neither a police department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in which the same person may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under s. 62.13 (7n).

AB312,4,16 (b) Persons in a police department or fire department who, alone or in combination with persons designated as police officers or fire fighters, may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under s. 62.13 (7n).

AB312,4,20 (2) The governing body of a town acting under sub. (1) may designate any person required to perform police protection and fire protection duties under sub. (1) as primarily a police officer or fire fighter for purposes described in s. 62.13 (7m), (7n), (10m), and (11) and s. 891.45 or 891.455.

AB312, s. 5 Section 5. 60.56 (1) (a) 4. of the statutes is created to read:

AB312,4,23 60.56 (1) (a) 4. Creating a combined protective services department under s. 60.553.

AB312, s. 6 Section 6. 60.57 (1) (c) of the statutes is amended to read:

AB312,5,2 60.57 (1) (c) If the town has both a police and fire department, or a combined protective services department, establish a board of police and fire commissioners.

AB312, s. 7 Section 7. 61.66 (1) (a) and (b) and (2) of the statutes are amended to read:

AB312,5,9 61.66 (1) (a) A combined protective services department which is neither a police department under s. 61.65 (1) (a) nor a fire department under s. 61.65 (2) (a), which was created prior to January 1, 1987, and in which the same person may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as specified described under s. 62.13 (7n).

AB312,5,15 (b) Persons in a police department or fire department who, alone or in combination with persons designated as police officers or fire fighters, may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as specified described under s. 62.13 (7n), if those persons were required to perform those duties prior to January 1, 1987.

AB312,5,19 (2) The governing body of a village acting under sub. (1) may designate any person required to perform police protection and fire protection duties under sub. (1) as primarily a police officer or fire fighter for purposes of described in s. 62.13 (7m), (7n), (10m), and (11) and s. 891.45 or 891.455.

AB312, s. 8 Section 8. 62.09 (1) (a) of the statutes is amended to read:

AB312,6,12 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police except in a city that has abolished its police department under s. 62.13 (2s) or except in cities where not otherwise applicable, chief of the fire department except in cities where not applicable, chief of combined protective services department except in cities where not applicable, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special election, provide that there shall be 2 alderpersons from each aldermanic district. If a city creates a combined protective services department under s. 62.13 (2e) (a) 1., it shall create the office of chief of such a department and shall abolish the offices of chief of police and chief of the fire department.

AB312, s. 9 Section 9. 62.09 (13) (a) of the statutes is amended to read:

AB312,7,3 62.09 (13) (a) The chief of police shall have command of the police force of the city, or the chief of a protective services department created under s. 62.13 (2e) (a) 1. shall have command of the combined protective services force, under the direction of the mayor. The chief shall obey all lawful written orders of the mayor or common council. The chief and each police officer or combined protective services officer shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables; shall arrest with or without process and with reasonable diligence take before the municipal judge or other proper court every person found in the city engaged in any disturbance of the peace or violating any law of the state or ordinance of the city and may command all persons present in that case to assist, and if any person, being so commanded, refuses or neglects to render assistance the person shall forfeit not exceeding $10. They shall collect the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (b).

AB312, s. 10 Section 10. 62.09 (13) (b) of the statutes is amended to read:

AB312,7,7 62.09 (13) (b) The chief of police, or the chief of a protective services department created under s. 62.13 (2e) (a) 1., shall have charge of all city jails, including that portion of any jail which is used by the city in a joint city-county building.

AB312, s. 11 Section 11. 62.13 (2e) of the statutes is created to read:

AB312,7,10 62.13 (2e) Combined protective services. (a) A city may provide police and fire protection services by any of the following:

AB312,7,16 1. A combined protective services department which is neither a police department as otherwise constituted under this section nor a fire department as otherwise constituted under this section, in which the same person may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under s. 62.13 (7n).

AB312,7,21 2. Persons in a police department or fire department who, alone or in combination with persons designated as police officers or fire fighters, may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under s. 62.13 (7n).

AB312,7,25 (b) The governing body of a city acting under par. (a) may designate any person required to perform police protection and fire protection duties under par. (a) as primarily a police officer or fire fighter for purposes of subs. (7m), (7n), (10m), and (11) and s. 891.45 or 891.455.

AB312, s. 12 Section 12. 62.13 (2s) (a) of the statutes is amended to read:

AB312,8,11 62.13 (2s) (a) Subject to pars. (b) to (d), a city may abolish its police department or combined protective services department if it enters into a contract with a county under s. 59.03 (2) (e) for the county sheriff to provide law enforcement services in all parts of the city. If the city is located in more than one county, it may not abolish its police department or combined protective services department under this paragraph unless the city enters into a contract under this paragraph with the county in which the greatest amount of the city's equalized value, population or territory is located. If a city that is located in more than one county enters into a contract with a county under this paragraph, the jurisdiction of the contracting county's sheriff and deputies includes the entire territory of the city.

AB312, s. 13 Section 13. 62.13 (3) of the statutes is amended to read: