LRB-0841/1
MES:cjs:rs
2005 - 2006 LEGISLATURE
March 10, 2005 - Introduced by Representatives Ziegelbauer, Ainsworth,
Ballweg, Berceau, Bies, Gottlieb, Gunderson, Hahn, Hines, Hundertmark,
Kaufert, LeMahieu, Lothian, Montgomery, Musser, Nass, Ott, Wood and
Zepnick, cosponsored by Senators Leibham, Darling, A. Lasee, Lazich,
Roessler and Zien. Referred to Committee on Urban and Local Affairs.
AB198,1,8
1An Act to amend 40.02 (48) (am) 22., 40.02 (48) (c), 60.57 (1) (c), 61.66, 62.09 (1)
2(a), 62.09 (13) (a), 62.09 (13) (b), 62.13 (3), 62.13 (6) (a) 1., 62.13 (6) (a) 2., 62.13
3(6) (a) 3., 62.13 (6m) (intro.), 62.13 (7m), 62.13 (7n), 62.13 (10m), 62.13 (11),
462.13 (12), 111.70 (1) (a), 891.45 (1) (b), 891.455 (1), 951.01 (3f), 990.01 (7g),
5990.01 (7m), 990.01 (7r), 990.01 (28g), 990.01 (28m) and 990.01 (28r); and
to
6create 60.55 (1) (a) 5., 60.553, 60.56 (1) (a) 4. and 62.13 (2s) of the statutes;
7relating to: authorizing cities and towns, and expanding the authority of
8villages, 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, or town, 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 a village with a population of less than 20,000 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. 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.
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 certain 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 such that any
village may use a combined protective services department and may require persons
in a police department or fire department to perform police protection and fire
protection duties.
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.
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:
AB198, s. 1
1Section
1. 40.02 (48) (am) 22. of the statutes is amended to read:
AB198,3,32
40.02
(48) (am) 22. A person employed under s.
60.553 (1), 61.66 (1)
, or 62.13
3(2s) (a).
AB198, s. 2
4Section
2. 40.02 (48) (c) of the statutes is amended to read:
AB198,3,165
40.02
(48) (c) In s. 40.65, "protective occupation participant" means a
6participating employee who is a police officer, fire fighter, an individual determined
7by a participating employer under par. (a) or (bm) to be a protective occupation
8participant, county undersheriff, deputy sheriff, state probation and parole officer,
9county traffic police officer, conservation warden, state forest ranger, field
10conservation employee of the department of natural resources who is subject to call
11for forest fire control or warden duty, member of the state traffic patrol, state motor
12vehicle inspector, University of Wisconsin System full-time police officer, guard or
13any other employee whose principal duties are supervision and discipline of inmates
14at a state penal institution, excise tax investigator employed by the department of
15revenue, person employed under s.
60.553 (1), 61.66 (1)
, or 62.13 (2s) (a), or special
16criminal investigation agent employed by the department of justice.
AB198, s. 3
17Section
3. 60.55 (1) (a) 5. of the statutes is created to read:
AB198,3,1918
60.55
(1) (a) 5. Creating a combined protective services department under s.
1960.553.
AB198, s. 4
20Section
4. 60.553 of the statutes is created to read:
AB198,4,2
160.553 Combined protective services. (1) Any town may provide police and
2fire protection services by any of the following:
AB198,4,83
(a) A combined protective services department which is neither a police
4department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in
5which the same person may be required to perform police protection and fire
6protection duties without being required to perform police protection duties for more
7than 8 hours in each 24 hours except in emergency situations, as described under s.
862.13 (7n).
AB198,4,139
(b) Persons in a police department or fire department who, alone or in
10combination with persons designated as police officers or fire fighters, may be
11required to perform police protection and fire protection duties without being
12required to perform police protection duties for more than 8 hours in each 24 hours
13except in emergency situations, as described under s. 62.13 (7n).
AB198,4,17
14(2) The governing body of a town acting under sub. (1) may designate any
15person required to perform police protection and fire protection duties under sub. (1)
16as primarily a police officer or fire fighter for purposes described in s. 62.13 (7m), (7n),
17(10m), and (11) and s. 891.45 or 891.455.
AB198, s. 5
18Section
5. 60.56 (1) (a) 4. of the statutes is created to read:
AB198,4,2019
60.56
(1) (a) 4. Creating a combined protective services department under s.
2060.553.
AB198, s. 6
21Section
6. 60.57 (1) (c) of the statutes is amended to read:
AB198,4,2322
60.57
(1) (c) If the town has both a police and fire department,
or a combined
23protective services department, establish a board of police and fire commissioners.
AB198, s. 7
24Section
7. 61.66 of the statutes is amended to read:
AB198,5,3
161.66 Combined protective services. (1) Notwithstanding s. 61.65 (1) (a),
2(2) (a) and (3g) (d) 2., any village
with a population of less than 20,000 may provide
3police and fire protection services by any of the following:
AB198,5,94
(a) A
combined protective services department which is neither a police
5department under s. 61.65 (1) (a) nor a fire department under s. 61.65 (2) (a)
, which
6was created prior to January 1, 1987, and in which the same person may be required
7to perform police protection and fire protection duties without being required to
8perform police protection duties for more than 8 hours in each 24 hours except in
9emergency situations, as
specified described under s. 62.13 (7n).
AB198,5,1510
(b) Persons in a police department or fire department who, alone or in
11combination with persons designated as police officers or fire fighters, may be
12required to perform police protection and fire protection duties without being
13required to perform police protection duties for more than 8 hours in each 24 hours
14except in emergency situations, as
specified described under s. 62.13 (7n)
, if those
15persons were required to perform those duties prior to January 1, 1987.
AB198,5,19
16(2) The governing body of a village acting under sub. (1) may designate any
17person required to perform police protection and fire protection duties under sub. (1)
18as primarily a police officer or fire fighter for purposes
of described in s. 62.13 (7m),
19(7n), (10m), and (11) and s. 891.45 or 891.455.
AB198, s. 8
20Section
8. 62.09 (1) (a) of the statutes is amended to read:
AB198,6,1121
62.09
(1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
22attorney, engineer, one or more assessors unless the city is assessed by a county
23assessor under s. 70.99, one or more constables as determined by the common
24council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
25defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
1except in cities where not applicable, chief of police
except in cities where not
2applicable, chief of the fire department
except in cities where not applicable, chief of
3combined protective services department except in cities where not applicable, board
4of public works, 2 alderpersons from each aldermanic district, and such other officers
5or boards as are created by law or by the council. If one alderperson from each
6aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance
7adopted by a two-thirds vote of all its members and approved by the electors at a
8general or special election, provide that there shall be 2 alderpersons from each
9aldermanic district.
If a city creates a combined protective services department
10under s. 62.13 (2s) (a) 1., it shall create the office of chief of such a department and
11shall abolish the offices of chief of police and chief of the fire department.
AB198, s. 9
12Section
9. 62.09 (13) (a) of the statutes is amended to read:
AB198,7,213
62.09
(13) (a) The chief of police shall have command of the police force of the
14city
, or the chief of a protective services department created under s. 62.13 (2s) (a)
151. shall have command of the combined protective services force, under the direction
16of the mayor. The chief shall obey all lawful written orders of the mayor or common
17council. The chief and each police officer
or combined protective services officer shall
18possess the powers, enjoy the privileges and be subject to the liabilities conferred and
19imposed by law upon constables, and be taken as included in all writs and papers
20addressed to constables; shall arrest with or without process and with reasonable
21diligence take before the municipal judge or other proper court every person found
22in the city engaged in any disturbance of the peace or violating any law of the state
23or ordinance of the city and may command all persons present in that case to assist,
24and if any person, being so commanded, refuses or neglects to render assistance the
25person shall forfeit not exceeding $10. They shall collect the same fees prescribed
1for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under
2s. 814.705 (1) (b).
AB198, s. 10
3Section
10. 62.09 (13) (b) of the statutes is amended to read:
AB198,7,64
62.09
(13) (b) The chief of police
, or the chief of a protective services department
5created under s. 62.13 (2s) (a) 1., shall have charge of all city jails, including that
6portion of any jail which is used by the city in a joint city-county building.
AB198, s. 11
7Section
11. 62.13 (2s) of the statutes is created to read:
AB198,7,98
62.13
(2s) Combined protective services. (a) A city may provide police and fire
9protection services by any of the following:
AB198,7,1510
1. A combined protective services department which is neither a police
11department as otherwise constituted under this section nor a fire department as
12otherwise constituted under this section, in which the same person may be required
13to perform police protection and fire protection duties without being required to
14perform police protection duties for more than 8 hours in each 24 hours except in
15emergency situations, as described under s. 62.13 (7n).
AB198,7,2016
2. Persons in a police department or fire department who, alone or in
17combination with persons designated as police officers or fire fighters, may be
18required to perform police protection and fire protection duties without being
19required to perform police protection duties for more than 8 hours in each 24 hours
20except in emergency situations, as described under s. 62.13 (7n).
AB198,7,2421
(b) The governing body of a city acting under par. (a) may designate any person
22required to perform police protection and fire protection duties under par. (a) as
23primarily a police officer or fire fighter for purposes of subs. (7m), (7n), (10m), and
24(11) and s. 891.45 or 891.455.
AB198, s. 12
25Section
12. 62.13 (3) of the statutes is amended to read:
AB198,8,4
162.13
(3) Chiefs. The board shall appoint the chief of police and the chief of the
2fire department
or, if applicable, the chief of a protective services department, who
3shall hold their offices during good behavior, subject to suspension or removal by the
4board for cause.
AB198, s. 13
5Section
13. 62.13 (6) (a) 1. of the statutes is amended to read:
AB198,8,86
62.13
(6) (a) 1. To organize and supervise the fire and police
, or combined
7protective services, departments and to prescribe rules and regulations for their
8control and management.
AB198, s. 14
9Section
14. 62.13 (6) (a) 2. of the statutes is amended to read: