AB189,2,42 17.03 (4) (d) If the office is local and appointive, and residency, subject to s.
366.0502,
is a local requirement, the county, city, village, town, district, or area within
4which the duties of the office are required to be discharged.
AB189, s. 2 5Section 2. 59.26 (1) (c) of the statutes is repealed.
AB189, s. 3 6Section 3. 60.37 (1) of the statutes is amended to read:
AB189,2,127 60.37 (1) General. The town board may employ on a temporary or permanent
8basis persons necessary to carry out the functions of town government including,
9subject to sub. (4), any elected officer of the town. The board may establish the
10qualifications and terms of employment, which may not include the residency of the
11employee. The board may delegate the authority to hire town employees to any town
12official or employee.
AB189, s. 4 13Section 4. 62.13 (4) (d) of the statutes is amended to read:
AB189,3,614 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and
15under 55 years of age, with proper limitations as to residence, health and, subject to
16ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination,
17including minimum training and experience requirements, shall be job-related in
18compliance with appropriate validation standards and shall be subject to the

1approval of the board and may include tests of manual skill and physical strength.
2All relevant experience, whether paid or unpaid, shall satisfy experience
3requirements. The board shall control examinations and may designate and change
4examiners, who may or may not be otherwise in the official service of the city, and
5whose compensation shall be fixed by the board and paid by the city. Veterans and
6their spouses shall be given preference points in accordance with s. 230.16 (7).
AB189, s. 5 7Section 5. 63.08 (1) (a) of the statutes is amended to read:
AB189,3,208 63.08 (1) (a) Any applicant for an examination under s. 63.05, other than an
9applicant for a deputy sheriff position under s. 59.26 (8) (a), shall be a resident of this
10state before applying for an examination, but the commission may not require any
11period of residency in the county for entrance to an examination or employment in
12the county
. The commission may require an applicant to file a written application
13form which bears upon the applicant's fitness for a vacant position and which the
14commission deems necessary. For a position offering a skilled, technical, or
15professional service, upon a finding that a suitable number of qualified applicants
16cannot be obtained from within the state, the commission may open the examination
17to residents of other states. Residency in this state may be waived for an applicant
18for an examination for a position which requires a license in a health care field. No
19question pertaining to political affiliation or religious faith may be asked of any
20applicant for an examination.
AB189, s. 6 21Section 6. 63.25 (1) (a) of the statutes is amended to read:
AB189,4,222 63.25 (1) (a) For open, competitive examinations and for other examinations
23by which to test applicants for office or for employment as to their practical fitness
24to discharge the duties of the positions which they desire to fill, which examinations

1shall be public and free to all persons with proper limitations as to residence, age,
2health, and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record.
AB189, s. 7 3Section 7. 66.0502 of the statutes is created to read:
AB189,4,6 466.0502 Employee residency requirements prohibited. (1) The
5legislature finds that public employee residency requirements are a matter of
6statewide concern.
AB189,4,7 7(2) In this section:
AB189,4,98 (a) "Emergency personnel" means a law enforcement officer, emergency
9medical technician, or a fire fighter.
AB189,4,1110 (b) "Local governmental unit" means any city, village, town, county, or school
11district.
AB189,4,14 12(3) Except as provided in sub. (4), no local governmental unit may require, as
13a condition of employment, that any employee or prospective employee reside within
14any jurisdictional limit.
AB189,4,17 15(4) (a) This section does not affect any statute that requires residency within
16the jurisdictional limits of any local governmental unit or any provision of law that
17requires residency in this state.
AB189,4,2218 (b) Subject to par. (c), a local governmental unit may impose a residency
19requirement on emergency personnel that does not require the emergency personnel
20to live closer than 15 miles outside of the boundary of the local governmental unit,
21although such emergency personnel may choose to live closer to the boundary of the
22local governmental unit than the distance specified in the requirement.
AB189,5,723 (c) If a local governmental unit does not have a residency requirement that is
24in effect on the effective date of this paragraph .... [revisor inserts date], that applies
25to emergency personnel, or if a local governmental unit has a residency requirement

1that is in effect on the effective date of this paragraph .... [revisor inserts date], that
2applies to emergency personnel and that requirement is less stringent than a
3residency requirement described under par. (b), the local governmental unit may not
4enact or impose a residency requirement under par. (b), but the local governmental
5unit may continue to enforce its residency requirement that is in effect on the
6effective date of this paragraph .... [revisor inserts date], that is less stringent than
7a residency requirement described under par. (b).
AB189, s. 8 8Section 8. 111.70 (1) (a) of the statutes is amended to read:
AB189,6,69 111.70 (1) (a) "Collective bargaining" means the performance of the mutual
10obligation of a municipal employer, through its officers and agents, and the
11representative of its municipal employees in a collective bargaining unit, to meet and
12confer at reasonable times, in good faith, with the intention of reaching an
13agreement, or to resolve questions arising under such an agreement, with respect to
14wages, hours, and conditions of employment, and with respect to a requirement of
15the municipal employer for a municipal employee to perform law enforcement and
16fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (o) and s.
1740.81 (3) and except that a municipal employer shall not meet and confer with respect
18to any proposal to diminish or abridge the rights guaranteed to municipal employees
19under ch. 164. The duty to bargain, however, does not compel either party to agree
20to a proposal or require the making of a concession. Collective bargaining includes
21the reduction of any agreement reached to a written and signed document. The
22municipal employer shall not be required to bargain on subjects reserved to
23management and direction of the governmental unit except insofar as the manner
24of exercise of such functions affects the wages, hours, and conditions of employment
25of the municipal employees in a collective bargaining unit. In creating this

1subchapter the legislature recognizes that the municipal employer must exercise its
2powers and responsibilities to act for the government and good order of the
3jurisdiction which it serves, its commercial benefit and the health, safety, and
4welfare of the public to assure orderly operations and functions within its
5jurisdiction, subject to those rights secured to municipal employees by the
6constitutions of this state and of the United States and by this subchapter.
AB189, s. 9 7Section 9. 111.70 (4) (m) (title) of the statutes is amended to read:
AB189,6,88 111.70 (4) (m) (title) Prohibited subjects of bargaining; school districts.
AB189, s. 10 9Section 10. 111.70 (4) (m) 5m. of the statutes is created to read:
AB189,6,1110 111.70 (4) (m) 5m. A decision to impose a residency requirement under s.
1166.0502 (4) (b).
AB189, s. 11 12Section 11. 111.70 (4) (o) of the statutes is created to read:
AB189,6,1513 111.70 (4) (o) Prohibited subjects of bargaining. In a city, village, town, or
14county, the municipal employer is prohibited from bargaining collectively with
15respect to a decision to impose a residency requirement under s. 66.0502 (4) (b).
AB189, s. 12 16Section 12. Initial applicability.
AB189,6,21 17(1) This act first applies to the imposition of any residency requirement for an
18employee of any city, village, town, county, or school district who is covered by a
19collective bargaining agreement that is in effect on the effective date of this
20subsection upon the expiration, extension, renewal, or modification of the
21agreement.
AB189,6,2222 (End)
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