LRB-2210/4
PG/MES/JTK/DAK:kjf:jf
2005 - 2006 LEGISLATURE
July 13, 2005 - Introduced by Senators Brown, Jauch, Kanavas, Roessler and
Kapanke, cosponsored by Representatives Musser, Albers, Hines and
Townsend. Referred to Committee on Veterans, Homeland Security, Military
Affairs, Small Business and Government Reform.
SB259,2,2
1An Act to repeal 101.14 (1) (d), 115.28 (3m) (c), 115.28 (32), 115.28 (33), 115.28
2(34), 115.28 (37), 115.28 (44), 118.07 (2) (b), 118.258 (2) (b) and 120.12 (13);
to
3renumber 120.12 (17);
to renumber and amend 118.07 (2) (a) and 118.258
4(2) (a);
to amend 59.03 (2) (c), 59.26 (1) (intro.), 59.26 (2), 59.26 (3), 59.26 (8)
5(a), 61.65 (1) (a) (intro.), 62.09 (1) (a), 62.13 (1), 66.0305 (title), 66.0305 (1),
666.0305 (2), 66.0305 (3), 66.0305 (4) (a) 4., 66.0305 (5), 66.0305 (6), 118.258 (1),
7120.12 (23), 121.02 (1) (c) 1., 121.02 (1) (k), 121.53 (6) and 250.01 (4) (a) 3.;
to
8repeal and recreate 120.25 (5); and
to create 16.971 (2) (cm), 59.26 (10), 59.27
9(13), 61.65 (1) (a) 4. and 62.13 (2s) of the statutes;
relating to: eliminating
10various school district and Department of Public Instruction requirements,
11authorizing a city or village to abolish its police department and contract for law
12enforcement services with a county, authorizing a county to participate in a
1municipal revenue sharing agreement, standards for information technology
2integration, and city health departments.
Analysis by the Legislative Reference Bureau
Elementary and secondary education
This bill makes a variety of changes to the laws governing elementary and
secondary education, including:
1. Currently, a school board must pay the tuition of a pupil enrolled in the school
district who attends the University of Wisconsin System if the course that the pupil
is taking is not offered in the school district, the pupil will receive high school credit
for the course, and the pupil is not participating in the Youth Options Program. This
bill allows a school board to pay a pupil's tuition in these circumstances, but does not
require it.
2. Current law requires each public and private school to file a report annually
pertaining to fire drills with the Department of Commerce and with the local fire
department. This bill eliminates this requirement. The bill requires each public and
private school to keep a record of each fire drill for at least seven years.
3. Current law directs each school board to adopt rules prohibiting a pupil from
using or possessing a paging or two-way communication device while on school
premises. This bill allows, but does not require, a school board to adopt such rules.
4. Current law requires a school board to report school bus accidents to the
Department of Public Instruction (DPI). This bill eliminates this requirement.
5. Current law requires a school district to report to DPI when the school
district contracts with another school district to acquire or use the latter district's
facilities or equipment. This bill eliminates this requirement but requires each
school board to adopt a policy on these contracts.
6. This bill eliminates the requirement that a school board annually adopt a
policy on access to extracurricular and recreational school programs and activities.
7. This bill eliminates the requirement that DPI coordinate the exchange of
teachers.
8. This bill eliminates the requirement that DPI promote public awareness of,
access to, and training of health professionals for rural and underserved urban
areas.
9. This bill eliminates the requirement that school boards maintain a mailbox
for each school located on a rural mail route.
10. This bill eliminates the requirement that DPI report to the legislature every
three years on all cooperative educational service agency programs and services.
Local law enforcement
Generally under current law, each city is required to have a board of police and
fire commissioners. The board is required to appoint the chief of police and the chief
of the fire department, and the chiefs are required to appoint subordinates subject
to approval by the board. Also under current law, a village with a population of 5,000
or more is required to provide police protection by creating its own police department,
by contracting for police protective services with a city, village, town, or county, or by
creating a joint police department with a city, village, or town.
Current law authorizes a county to exercise any of its powers to provide
services, such as water, sewer, streets and highways, fire, police, and health, in any
municipality (city, village, or town), or part of a municipality that is located in the
county, upon the request of the municipality. The municipality may adopt a
resolution designating the function it would like the county to assume and the terms
under which the power shall be exercised. If the county board approves the
resolution, the county may then exercise the designated function in the municipality,
and the county and municipality may enter into a contract under which the
municipality agrees to appropriate money to the county to pay for the service to be
provided by the county.
This bill specifically authorizes a city, or a village, to abolish its police
department if it enters into a contract with a county for the sheriff to provide law
enforcement services in all parts of the city or village. If a city or village is in more
than one county, the city or village must enter into a contract with the county in
which the greatest amount of the city's, or village's, equalized value, population, or
territory is located.
Before a city or village may enter into such a contract, the common council or
village board must adopt a resolution requesting that the county provide police
protective services and stating that the services are to be provided exclusively by the
county, and the county must approve the resolution. The contract must address at
least the following issues:
1. The division of the city's assets and liabilities that relate to the city's police
department.
2. A description of the level of services that the county will provide and the
amount that the city will pay for the services.
3. A procedure for the city to request, or require, additional law enforcement
services and the amount that the city will have to pay for the services.
4. The term of the agreement and procedures for the renewal, extension, or
termination of the agreement.
No agreement that is entered into may take effect before the termination of any
collective bargaining agreement that covers the city's police department employees.
The bill also provides that if a city or village and a county enter into a contract
for the county to provide law enforcement services a sheriff is required, for
approximately two years after the contract takes effect, and to the greatest extent
possible, to hire any additional deputies that are needed from the ranks of former
police officers who lost their positions when their departments were abolished. This
requirement on a sheriff applies notwithstanding any current law provisions
governing the hiring of deputies, such as a requirement that deputies be hired from
a list of persons with the highest scores on a civil service exam, although the
requirement does not apply to the extent that it conflicts with a collective bargaining
agreement between a county and its employees.
The bill also authorizes, but does not require, a village with a population of
under 5,000 to provide police protection services to the same extent as villages with
a population of at least 5,000 are required to provide.
Municipal, county revenue sharing
Under current law, municipalities may enter into agreements to share
revenues from taxes and special charges with other municipalities and with
federally recognized American Indian tribes or bands. No municipality may enter
into an agreement with one or more municipalities unless the municipality is
contiguous to at least one other municipality that enters into the agreement.
A municipal revenue sharing agreement must meet a number of conditions. It
must:
1. Be for a minimum term of ten years.
2. Describe the boundaries of the area within which the revenues are to be
shared in the agreement.
3. Describe the formula or other means of determining the amount of revenues
to be shared under the agreement.
4. Specify the date or dates upon which revenues agreed to be shared are to be
paid to the appropriate municipality.
5. Specify how the agreement may be invalidated after the expiration of the
minimum ten-year term.
An agreement under current law may address any other necessary and proper
matters, including any agreements with respect to services or agreements with
respect to municipal boundaries. Current law also requires that at least 30 days
before entering into an agreement the participating municipality must hold a public
hearing on the proposed agreement (public hearing notice requirements are
specified). In addition, current law provides that an advisory referendum on a
proposed agreement may be called either by the governing body of the participating
municipality or by the qualified electors of a participating municipality. In the latter
case, a petition, signed by a number of qualified electors equal to at least 10 percent
of the votes cast for governor in a municipality at the last gubernatorial election must
be timely filed. Time limits and notice requirements are provided for the advisory
referendum.
This bill modifies current law by authorizing a county to enter into a revenue
sharing agreement with another county or a municipality or federally recognized
American Indian tribe or band.
City health departments
Currently, under the public health laws, a local health department in a county
other than Milwaukee County is defined to include a city health department that was
established before January 1, 1994. Also, in such a county, a city health department
may participate with the county in a joint city-county health department or may
participate with another city in a city-city health department. A city health
department that participates in a city-county or city-city health department may
withdraw by giving notice at least a year before the start of the fiscal year in which
the withdrawal takes effect. This bill modifies the definition of a local health
department in a county other than Milwaukee County to provide for a city health
department that has withdrawn from participation as a city-county or city-city
health department.
Information technology integration standards
Currently, the Department of Administration (DOA) is directed to develop and
maintain procedures to ensure information technology resource planning and
sharing between executive branch agencies. The procedures must ensure
interconnection of information technology resources if interconnection is consistent
with the strategic plans of the agencies for utilization of information technology, as
approved by DOA. This bill directs DOA to prescribe standards for data, application,
and business process integration that must be used by executive branch agencies, to
the extent consistent with the statewide strategic plan for information technology
utilization, and that enable local governments in this state to integrate their data,
application, and business processes into state systems whenever feasible.
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:
SB259, s. 1
1Section
1. 16.971 (2) (cm) of the statutes is created to read:
SB259,5,62
16.971
(2) (cm) Prescribe standards for data, application, and business process
3integration that shall be used by executive branch agencies, to the extent consistent
4with the statewide strategic plan formulated under par. (m), and that enable local
5governmental units to integrate their data, application, and business processes into
6state systems whenever feasible.
SB259, s. 2
7Section
2. 59.03 (2) (c) of the statutes is amended to read:
SB259,6,48
59.03
(2) (c) Whenever the request under par. (a) or acceptance under par. (b)
9of a municipality
shall be is by resolution of its governing board,
such the request or
10acceptance shall not go into effect until the expiration of 60 days from the adoption
11of the resolution
or, in the case of county law enforcement services provided to a city
12as described in s. 62.13 (2s), as provided in s. 62.13 (2s) (d). If a petition under s. 9.20
13for direct legislation on the request or acceptance
shall be is filed before the
1expiration of said 60 days, the resolution of the governing board
shall be is of no effect
2but the request or acceptance of such municipality shall be determined by direct
3legislation
, except that no petition for direct legislation under s. 9.20 may be filed to
4approve or reject a contract entered into by a city and a county under s. 62.13 (2s).
SB259, s. 3
5Section
3. 59.26 (1) (intro.) of the statutes is amended to read:
SB259,6,216
59.26
(1) (intro.) Within 10 days after entering upon the duties of the office of
7sheriff, the sheriff shall appoint some proper person, who is a resident of the county,
8undersheriff. However, in counties with a population of 500,000 or more the
9appointment of an undersheriff is optional. In counties where the sheriff's
10department is under civil service, the sheriff, in conformity with county ordinance,
11may, at the request of the affected deputy, grant a leave of absence to a deputy sheriff
12who the sheriff has appointed undersheriff, or to any other position in the sheriff's
13department, upon the deputy's acceptance of the appointment. Any deputy in a
14county under civil service granted leave of absence under this subsection upon
15completion of the appointive position shall immediately be returned to the position
16of deputy sheriff and shall continue therein without loss of any rights under the civil
17service law. The sheriff, however, may not grant such leave of absence to a deputy
18sheriff until the sheriff first secures the consent of the board by resolution duly
19adopted by the board. Within 10 days after entering upon the duties of the office of
20sheriff, the sheriff shall also appoint
, subject to sub. (10), deputy sheriffs for the
21county as follows:
SB259, s. 4
22Section
4. 59.26 (2) of the statutes is amended to read:
SB259,6,2423
59.26
(2) The Subject to sub. (10), the sheriff may appoint as many other
24deputies as the sheriff considers proper.
SB259, s. 5
25Section
5. 59.26 (3) of the statutes is amended to read:
SB259,7,3
159.26
(3) The Subject to sub. (10), the sheriff may fill vacancies in the office of
2any such appointee, and he or she may appoint a person to take the place of any
3undersheriff or deputy who becomes incapable of executing the duties of that office.
SB259, s. 6
4Section
6. 59.26 (8) (a) of the statutes is amended to read:
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: