LRB-1776/1
MES:nwn:rs
2009 - 2010 LEGISLATURE
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
1An Act to amend 40.02 (48) (am) 22., 40.02 (48) (c), 60.57 (1) (c), 61.66 (1) (a) and
2(b) and (2), 62.09 (1) (a), 62.09 (13) (a), 62.09 (13) (b), 62.13 (2s) (a), 62.13 (3),
362.13 (6) (a) 1., 62.13 (6) (a) 2., 62.13 (6) (a) 3., 62.13 (6m) (intro.), 62.13 (7m),
462.13 (7n), 62.13 (10m), 62.13 (11), 62.13 (12), 66.0925 (14), 111.70 (1) (a),
5425.2065 (1), 891.45 (1) (b), 891.455 (1), 951.01 (3f), 990.01 (7g), 990.01 (7m),
6990.01 (7r), 990.01 (28g), 990.01 (28m) and 990.01 (28r); and
to create 60.55
7(1) (a) 5., 60.553, 60.56 (1) (a) 4. and 62.13 (2e) of the statutes;
relating to:
8authorizing cities and towns, and expanding the authority of villages, to create
9combined 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
1Section
1. 40.02 (48) (am) 22. of the statutes is amended to read:
AB312,3,32
40.02
(48) (am) 22. A person employed under s.
60.553 (1), 61.66 (1)
, or 62.13
3(2e) (a).
AB312, s. 2
4Section
2. 40.02 (48) (c) of the statutes is amended to read:
AB312,3,165
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 (2e) (a), or special
16criminal investigation agent employed by the department of justice.
AB312, s. 3
17Section
3. 60.55 (1) (a) 5. of the statutes is created to read:
AB312,4,2
160.55
(1) (a) 5. Creating a combined protective services department under s.
260.553.
AB312, s. 4
3Section
4. 60.553 of the statutes is created to read:
AB312,4,5
460.553 Combined protective services.
(1) Any town may provide police and
5fire protection services by any of the following:
AB312,4,116
(a) A combined protective services department which is neither a police
7department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in
8which the same person may be required to perform police protection and fire
9protection duties without being required to perform police protection duties for more
10than 8 hours in each 24 hours except in emergency situations, as described under s.
1162.13 (7n).
AB312,4,1612
(b) Persons in a police department or fire department who, alone or in
13combination with persons designated as police officers or fire fighters, may be
14required to perform police protection and fire protection duties without being
15required to perform police protection duties for more than 8 hours in each 24 hours
16except in emergency situations, as described under s. 62.13 (7n).
AB312,4,20
17(2) The governing body of a town acting under sub. (1) may designate any
18person required to perform police protection and fire protection duties under sub. (1)
19as primarily a police officer or fire fighter for purposes described in s. 62.13 (7m), (7n),
20(10m), and (11) and s. 891.45 or 891.455.
AB312, s. 5
21Section
5. 60.56 (1) (a) 4. of the statutes is created to read:
AB312,4,2322
60.56
(1) (a) 4. Creating a combined protective services department under s.
2360.553.
AB312, s. 6
24Section
6. 60.57 (1) (c) of the statutes is amended to read:
AB312,5,2
160.57
(1) (c) If the town has both a police and fire department,
or a combined
2protective services department, establish a board of police and fire commissioners.
AB312, s. 7
3Section
7. 61.66 (1) (a) and (b) and (2) of the statutes are amended to read:
AB312,5,94
61.66
(1) (a) A
combined protective services department which is neither a
5police department under s. 61.65 (1) (a) nor a fire department under s. 61.65 (2) (a)
,
6which was created prior to January 1, 1987, and in which the same person may be
7required to perform police protection and fire protection duties without being
8required to perform police protection duties for more than 8 hours in each 24 hours
9except in emergency situations, as
specified described under s. 62.13 (7n).
AB312,5,1510
(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.
AB312,5,19
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.
AB312, s. 8
20Section
8. 62.09 (1) (a) of the statutes is amended to read:
AB312,6,1221
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 a city that has abolished
2its police department under s. 62.13 (2s)
or except in cities where not otherwise
3applicable, chief of the fire department
except in cities where not applicable, chief of
4combined protective services department except in cities where not applicable, board
5of public works, 2 alderpersons from each aldermanic district, and such other officers
6or boards as are created by law or by the council. If one alderperson from each
7aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance
8adopted by a two-thirds vote of all its members and approved by the electors at a
9general or special election, provide that there shall be 2 alderpersons from each
10aldermanic district.
If a city creates a combined protective services department
11under s. 62.13 (2e) (a) 1., it shall create the office of chief of such a department and
12shall abolish the offices of chief of police and chief of the fire department.
AB312, s. 9
13Section
9. 62.09 (13) (a) of the statutes is amended to read:
AB312,7,314
62.09
(13) (a) The chief of police shall have command of the police force of the
15city
, or the chief of a protective services department created under s. 62.13 (2e) (a)
161. shall have command of the combined protective services force, under the direction
17of the mayor. The chief shall obey all lawful written orders of the mayor or common
18council. The chief and each police officer
or combined protective services officer shall
19possess the powers, enjoy the privileges and be subject to the liabilities conferred and
20imposed by law upon constables, and be taken as included in all writs and papers
21addressed to constables; shall arrest with or without process and with reasonable
22diligence take before the municipal judge or other proper court every person found
23in the city engaged in any disturbance of the peace or violating any law of the state
24or ordinance of the city and may command all persons present in that case to assist,
25and if any person, being so commanded, refuses or neglects to render assistance the
1person shall forfeit not exceeding $10. They shall collect the same fees prescribed
2for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under
3s. 814.705 (1) (b).
AB312, s. 10
4Section
10. 62.09 (13) (b) of the statutes is amended to read:
AB312,7,75
62.09
(13) (b) The chief of police
, or the chief of a protective services department
6created under s. 62.13 (2e) (a) 1., shall have charge of all city jails, including that
7portion of any jail which is used by the city in a joint city-county building.
AB312, s. 11
8Section
11. 62.13 (2e) of the statutes is created to read:
AB312,7,109
62.13
(2e) Combined protective services. (a) A city may provide police and
10fire protection services by any of the following:
AB312,7,1611
1. A combined protective services department which is neither a police
12department as otherwise constituted under this section nor a fire department as
13otherwise constituted under this section, in which the same person may be required
14to perform police protection and fire protection duties without being required to
15perform police protection duties for more than 8 hours in each 24 hours except in
16emergency situations, as described under s. 62.13 (7n).
AB312,7,2117
2. Persons in a police department or fire department who, alone or in
18combination with persons designated as police officers or fire fighters, may be
19required to perform police protection and fire protection duties without being
20required to perform police protection duties for more than 8 hours in each 24 hours
21except in emergency situations, as described under s. 62.13 (7n).
AB312,7,2522
(b) The governing body of a city acting under par. (a) may designate any person
23required to perform police protection and fire protection duties under par. (a) as
24primarily a police officer or fire fighter for purposes of subs. (7m), (7n), (10m), and
25(11) and s. 891.45 or 891.455.
AB312, s. 12
1Section
12. 62.13 (2s) (a) of the statutes is amended to read:
AB312,8,112
62.13
(2s) (a) Subject to pars. (b) to (d), a city may abolish its police department
3or combined protective services department if it enters into a contract with a county
4under s. 59.03 (2) (e) for the county sheriff to provide law enforcement services in all
5parts of the city. If the city is located in more than one county, it may not abolish its
6police department
or combined protective services department under this paragraph
7unless the city enters into a contract under this paragraph with the county in which
8the greatest amount of the city's equalized value, population or territory is located.
9If a city that is located in more than one county enters into a contract with a county
10under this paragraph, the jurisdiction of the contracting county's sheriff and
11deputies includes the entire territory of the city.
AB312, s. 13
12Section
13. 62.13 (3) of the statutes is amended to read:
AB312,8,1613
62.13
(3) Chiefs. The board shall appoint the chief of police and the chief of the
14fire department
or, if applicable, the chief of a protective services department, who
15shall hold their offices during good behavior, subject to suspension or removal by the
16board for cause.
AB312, s. 14
17Section
14. 62.13 (6) (a) 1. of the statutes is amended to read:
AB312,8,2018
62.13
(6) (a) 1. To organize and supervise the fire and police
, or combined
19protective services, departments and to prescribe rules and regulations for their
20control and management.
AB312, s. 15
21Section
15. 62.13 (6) (a) 2. of the statutes is amended to read:
AB312,8,2522
62.13
(6) (a) 2. To contract for and purchase all necessary apparatus and
23supplies for the use of the departments under their supervision, exclusive of the
24erection and control of the police
and, fire station
, and combined protective services 25buildings.
AB312, s. 16
1Section
16. 62.13 (6) (a) 3. of the statutes is amended to read:
AB312,9,42
62.13
(6) (a) 3. To audit all bills, claims and expenses of the fire
and, police
, and
3combined protective services departments before the same are paid by the city
4treasurer.
AB312, s. 17
5Section
17. 62.13 (6m) (intro.) of the statutes is amended to read:
AB312,9,126
62.13
(6m) (intro.) If a city of less than 4,000 population has not by ordinance
7applied subs. (1) to (6) to the city, the city may not suspend, reduce, suspend and
8reduce, or remove any police chief
, protective services chief, or other law enforcement
9officer who is not probationary, and for whom there is no valid and enforceable
10contract of employment or collective bargaining agreement which provides for a fair
11review prior to that suspension, reduction, suspension and reduction or removal,
12unless the city does one of the following:
AB312, s. 18
13Section
18. 62.13 (7m) of the statutes is amended to read:
AB312,9,2314
62.13
(7m) Rest day. (a) The council of every city of the fourth class shall
15provide for, and the chief of the police department
, or the chief of the combined
16protective services department, shall assign to, each police officer
, or each
17subordinate designated as primarily a police officer under sub. (2e) (b), in the service
18of such city one full rest day of 24 consecutive hours during each 192 hours, except
19in cases of positive necessity by some sudden and serious emergency, which, in the
20judgment of the chief of police
, or the chief of the combined protective services
21department, demands that such day of rest not be given at such time. Arrangements
22shall be made so that each full rest day may be had at such time or times as will not
23impair the efficiency of the department.
AB312,9,2524
(b) The council of every city of the second or third class shall provide for, and
25the chief of the police department
, or the chief of the combined protective services
1department, shall assign to, each police officer
, or each subordinate designated as
2primarily a police officer under sub. (2e) (b), in the service of such city 2 full rest days
3of 24 consecutive hours each during each 192 hours, except in cases of positive
4necessity by some sudden and serious emergency, which, in the judgment of the chief
5of police
, or the chief of the combined protective services department, demands that
6any such day of rest not be given at such time. Arrangements shall be made so that
7each full rest day may be had at such time or times as will not impair the efficiency
8of the department. This section shall not apply to villages to which s. 61.65 is
9applicable.
AB312, s. 19
10Section
19. 62.13 (7n) of the statutes is amended to read:
AB312,10,2011
62.13
(7n) Hours of labor. Except when a labor agreement under subch. IV
12of ch. 111 that governs hours of employment exists, the council of every 2nd, 3rd or
134th class city shall provide for a working day of not more than 8 hours in each 24
14except in cases of positive necessity by some sudden and serious emergency, which,
15in the judgment of the chief of police,
or the chief of the combined protective services
16department, demands that such workday shall be extended beyond the 8-hour
17period at such time; and, when such emergency ceases to exist, all overtime given
18during such emergency shall be placed to the credit of such police officer,
or each
19subordinate designated as primarily a police officer under sub. (2e) (b), and
20compensatory time under s. 103.025 given therefor.
AB312, s. 20
21Section
20. 62.13 (10m) of the statutes is amended to read:
AB312,11,222
62.13
(10m) Rules governing leaving city. Subject to approval of the common
23council the fire chief
, or the chief of the combined protective services department, 24may establish rules requiring fire fighters
, or each subordinate designated as
1primarily a fire fighter under sub. (2e) (b), to obtain permission before leaving the
2city.
AB312, s. 21
3Section
21. 62.13 (11) of the statutes is amended to read:
AB312,11,134
62.13
(11) Fire fighters, rest day. The common council of every 4th class city,
5having a population of 5,000 or more and a fire department
, or a combined protective
6services department, shall provide for, and the chief of the fire department
or
7combined protective services department shall assign to each full paid member
8thereof of the fire department or subordinate designated as primarily a fire fighter
9under sub. (2e) (b), a period of 24 consecutive hours off duty during each 72 hours,
10except in cases of positive necessity by some sudden and serious fire, accident or
11other peril, which, in the judgment of the chief engineer or other officer in charge
12demands that the day of rest not be given at that time. The provisions of this section
13shall not apply to cities having a 2-platoon or double shift system.
AB312, s. 22
14Section
22. 62.13 (12) of the statutes is amended to read:
AB312,11,1815
62.13
(12) Legislative intent. Section 62.13 and
chapter 589, laws of 1921,
16chapter 423, laws of 1923, and
chapter 586, laws of 1911, shall be construed as an
17enactment of statewide concern for the purpose of providing a uniform regulation of
18police
and, fire
, and combined protective services departments.
AB312, s. 23
19Section
23. 66.0925 (14) of the statutes is amended to read: