Amendment ASA1-AB40

AB40-ASA1,647,16 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 sub. (7n).

AB40-ASA1,647,20 (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 described in subs. (7m), (7n), (10m), and (11) and ss. 891.45, 891.453, and 891.455.

AB40-ASA1, s. 1703 Section 1703. 62.13 (2s) (a) of the statutes is amended to read:

AB40-ASA1,648,6 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.

AB40-ASA1, s. 1704 Section 1704. 62.13 (3) of the statutes is amended to read:

AB40-ASA1,648,11 62.13 (3) Chiefs. The board shall appoint the chief of police and the chief of the fire department or, if applicable, the chief of a combined protective services department, who shall hold their offices during good behavior, subject to suspension or removal by the board for cause.

AB40-ASA1, s. 1705 Section 1705. 62.13 (6) (a) 1. of the statutes is amended to read:

AB40-ASA1,648,15 62.13 (6) (a) 1. To organize and supervise the fire and police, or combined protective services, departments and to prescribe rules and regulations for their control and management.

AB40-ASA1, s. 1706 Section 1706. 62.13 (6) (a) 2. of the statutes is amended to read:

AB40-ASA1,648,20 62.13 (6) (a) 2. To contract for and purchase all necessary apparatus and supplies for the use of the departments under their supervision, exclusive of the erection and control of the police and station, fire station, and combined protective services station buildings.

AB40-ASA1, s. 1707 Section 1707. 62.13 (6) (a) 3. of the statutes is amended to read:

AB40-ASA1,648,24 62.13 (6) (a) 3. To audit all bills, claims and expenses of the fire and, police, and combined protective services departments before the same are paid by the city treasurer.

AB40-ASA1, s. 1708 Section 1708. 62.13 (6m) (intro.) of the statutes is amended to read:

AB40-ASA1,649,7 62.13 (6m) (intro.) If a city of less than 4,000 population has not by ordinance applied subs. (1) to (6) to the city, the city may not suspend, reduce, suspend and reduce, or remove any police chief, combined protective services chief, or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the city does one of the following:

AB40-ASA1, s. 1709 Section 1709. 62.13 (7m) of the statutes is amended to read:

AB40-ASA1,649,18 62.13 (7m) Rest day. (a) The council of every city of the fourth class shall provide for, and the chief of the police or fire department, or the chief of the combined protective services department, shall assign to, each subordinate police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), in the service of such city one full rest day of 24 consecutive hours during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, the fire chief, or the chief of the combined protective services department, demands that such day of rest not be given at such time. Arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the department.

AB40-ASA1,650,4 (b) The council of every city of the second or third class shall provide for, and the chief of the police or fire department, or the chief of the combined protective services department, shall assign to, each subordinate police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), in the service of such city 2 full rest days of 24 consecutive hours each during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, the fire chief, or the chief of the combined protective services department, demands that any such day of rest not be given at such time. Arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the department. This section shall not apply to villages to which s. 61.65 is applicable.

AB40-ASA1, s. 1710 Section 1710. 62.13 (7n) of the statutes is amended to read:

AB40-ASA1,650,15 62.13 (7n) Hours of labor. Except when a labor agreement under subch. IV of ch. 111 that governs hours of employment exists, the council of every 2nd, 3rd or 4th class city shall provide for a working day of not more than 8 hours in each 24 except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, the fire chief, or the chief of the combined protective services department, demands that such workday shall be extended beyond the 8-hour period at such time; and, when such emergency ceases to exist, all overtime given during such emergency shall be placed to the credit of such subordinate police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), and compensatory time under s. 103.025 given therefor.

AB40-ASA1, s. 1711 Section 1711. 62.13 (10m) of the statutes is amended to read:

AB40-ASA1,650,21 62.13 (10m) Rules governing leaving city. Subject to approval of the common council the fire chief, police chief, or the chief of the combined protective services department, may establish rules requiring subordinate fire fighters, or each subordinate designated as primarily a fire fighter under sub. (2e) (b), to obtain permission before leaving the city.

AB40-ASA1, s. 1712 Section 1712. 62.13 (11) of the statutes is amended to read:

AB40-ASA1,651,9 62.13 (11) Fire fighters, rest day. The common council of every 4th class city, having a population of 5,000 or more and a fire department, or a combined protective services department, shall provide for, and the chief of the fire department, police department, or combined protective services department shall assign to each full paid subordinate member thereof of the fire department or subordinate designated as primarily a fire fighter under sub. (2e) (b), a period of 24 consecutive hours off duty during each 72 hours, except in cases of positive necessity by some sudden and serious fire, accident or other peril, which, in the judgment of the chief engineer or other officer in charge demands that the day of rest not be given at that time. The provisions of this section shall not apply to cities having a 2-platoon or double shift system. The provisions of this subsection apply to a person designated as primarily a fire fighter who is employed by a police department, as described in sub. (2e).

AB40-ASA1, s. 1713 Section 1713. 62.13 (12) of the statutes is amended to read:

AB40-ASA1,651,14 62.13 (12) Legislative intent. Section 62.13 and chapter 589, laws of 1921, chapter 423, laws of 1923, and chapter 586, laws of 1911, shall be construed as an enactment of statewide concern for the purpose of providing a uniform regulation of police and, fire, and combined protective services departments.

AB40-ASA1, s. 1714 Section 1714 . 62.23 (7) (i) (intro.) of the statutes is amended to read:

AB40-ASA1,651,20 62.23 (7) (i) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any city shall be subject to the following criteria:

AB40-ASA1, s. 1715 Section 1715. 62.232 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,651,25 62.232 (2) (b) 1. A city is not required to give the notice under par. (a) at the time that it issues a building permit if the city issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40-ASA1, s. 1715h Section 1715h. 62.50 (18) of the statutes is renumbered 62.50 (18) (a) and amended to read:

AB40-ASA1,652,9 62.50 (18) (a) No chief officer of either department or member of the fire department may be deprived of any salary or wages for the period of time suspended preceding an investigation or trial, unless the charge is sustained. No Except as provided in par. (b), no member of the police force may be discharged or suspended under sub. (11) or (13) without pay or benefits until the matter that is the subject of the discharge or suspension is disposed of by the board or the time for appeal under sub. (13) passes without an appeal being made.

AB40-ASA1, s. 1715k Section 1715k. 62.50 (18) (b) of the statutes is created to read:

AB40-ASA1,652,18 62.50 (18) (b) Following a discharge or suspension under sub. (11) or (13), no member of the police force is entitled to any salary or wages from the department pending an appeal of the discharge or suspension to the board of fire and police commissioners if charges relating to an offense are also pending against the member and such charges arose out of the same conduct or incident that serves as the basis for the discharge or suspension. If the charges against the officer are dismissed, or if the officer is found not guilty of the charges, the officer shall be reinstated and entitled to pay as described in sub. (22).

AB40-ASA1, s. 1715p Section 1715p. 62.623 of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,653,3 62.623 Payment of contributions in an employee retirement system of a 1st class city. (1) Beginning on the effective date of this section .... [LRB inserts date], in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in sub. (2), employees shall pay all employee required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the required contributions.

AB40-ASA1,653,9 (2) (a) An employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the employer before the effective date of this paragraph .... [LRB inserts date], the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,653,19 (b) An employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the employer before the effective date of this paragraph .... [LRB inserts date], and who on or after the effective date of this paragraph .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the employer, or a successor employer in the event of a combined department that is created on or after the effective date of this paragraph .... [LRB inserts date], the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1, s. 1717 Section 1717. 66.0101 (11) of the statutes is amended to read:

AB40-ASA1,653,24 66.0101 (11) Sections 62.13 and 62.50 and chapter 589, laws of 1921, and chapter 423, laws of 1923, shall be construed as enactments of statewide concern for the purpose of providing uniform regulation of police and , fire, and combined protective services departments.

AB40-ASA1, s. 1719 Section 1719. 66.0211 (5) of the statutes is amended to read:

AB40-ASA1,654,10 66.0211 (5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of state and supply the secretary of state with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat of the village or city. Within 10 days of receipt of the description and plat, the secretary of state shall forward 2 copies to the department of transportation and one copy each to the department of administration, and the department of revenue and the department of commerce. The secretary of state shall issue a certificate of incorporation and record the certificate.

AB40-ASA1, s. 1719d Section 1719d. 66.0235 (5) of the statutes is amended to read:

AB40-ASA1,655,15 66.0235 (5) Apportionment board. The boards or councils of the local governmental units, or committees selected for that purpose, acting together, constitute an apportionment board. When a local governmental unit is dissolved because all of its territory is transferred the board or council of the local governmental unit existing at the time of dissolution shall, for the purpose of this section, continue to exist as the governing body of the local governmental unit until there has been an apportionment of assets by agreement of the interested local governmental units or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested local governmental units, or an order of the circuit court becomes final, a copy of the apportionment agreement, or of the order, certified to by the clerks of the interested local governmental units, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the state superintendent of public instruction, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any local governmental unit, or with any other entity from which payment would have become due if the dissolved local governmental unit had continued in existence. Subject to ss. 79.006 and 86.303 (4), payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a local governmental unit, or from any other entity from which payments would have become due if the dissolved local governmental unit had continued in existence, shall be paid to the interested local governmental unit as provided by the agreement for apportionment of assets or by any order of apportionment by the circuit court and the payments have the same force and effect as if made to the dissolved local governmental unit.

AB40-ASA1, s. 1720b Section 1720b. 66.0301 (1) (a) of the statutes is amended to read:

AB40-ASA1,656,6 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

AB40-ASA1, s. 1720d Section 1720d. 66.0304 (1) (b) of the statutes is amended to read:

AB40-ASA1,656,10 66.0304 (1) (b) "Bond" means any bond, note or other obligation of a commission issued or entered into under this section, including any refunding bond or certificate of participation or lease-purchase, installment sale, or other financing agreement.

AB40-ASA1, s. 1720e Section 1720e. 66.0304 (1) (e) of the statutes is amended to read:

AB40-ASA1,656,16 66.0304 (1) (e) "Participant" means any public or private entity or unincorporated association, including a federally recognized Indian tribe or band, that contracts with a commission for the purpose of financing or refinancing a project that is owned, sponsored, or controlled by the public or private entity or unincorporated association.

AB40-ASA1, s. 1720f Section 1720f. 66.0304 (1) (f) of the statutes is amended to read:

AB40-ASA1,656,21 66.0304 (1) (f) "Political subdivision" means any city, village, town, or county in this state or any city, village, town, county, district, office, department, authority, agency, commission, or other similar governmental entity in another state or territory of the United States.

AB40-ASA1, s. 1720h Section 1720h. 66.0304 (4) (i) of the statutes is amended to read:

AB40-ASA1,656,25 66.0304 (4) (i) Make loans to, lease property from or to, or enter into any other kind of an agreement with a participant or other entity, in connection with financing or refinancing a project.

AB40-ASA1, s. 1720i Section 1720i. 66.0304 (4) (k) of the statutes is amended to read:

AB40-ASA1,657,6 66.0304 (4) (k) Assign or pledge any portion of its interests in projects, mortgages, deeds of trust, indentures of mortgage or trust, leases, purchase or sale agreements or other financing agreements, or similar instruments, bonds, notes, and security interests in property, of a participant, or contracts entered into or acquired in connection with bonds.

AB40-ASA1, s. 1720j Section 1720j. 66.0304 (4) (p) of the statutes is amended to read:

AB40-ASA1,657,12 66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any participant, the state or a department, authority, or agency of the state, or any political subdivision. Bonds purchased under this paragraph may be held by the commission or sold, in whole or in part, separately or together with other bonds issued by the commission.

AB40-ASA1, s. 1720L Section 1720L. 66.0304 (5) (am) of the statutes is created to read:

AB40-ASA1,657,21 66.0304 (5) (am) Notwithstanding par. (a), as an alternative to specifying the matters required to be specified in the bond resolution under par. (a), the resolution may specify members of the board or officers or employees of the commission, by name or position, to whom the commission delegates authority to determine which of the matters under specified par. (a), and any other matters that the commission deems appropriate, for inclusion in the trust agreement, indenture, or other agreement providing for issuance of the bonds as finally executed. A resolution under this paragraph shall specify at least all of the following:

AB40-ASA1,657,22 1. The maximum principal amount of bonds to be issued.

AB40-ASA1,657,23 2. The maximum term of the bonds.

AB40-ASA1,657,24 3. The maximum interest rate to be borne by the bonds.

AB40-ASA1, s. 1720m Section 1720m. 66.0304 (5) (d) of the statutes is amended to read:

AB40-ASA1,658,3 66.0304 (5) (d) The proceeds of a bond issued under this section may be used for a project in one or more projects located within or outside of this state or any other state.

AB40-ASA1, s. 1720p Section 1720p. 66.0304 (11) (a) of the statutes is amended to read:

AB40-ASA1,658,13 66.0304 (11) (a) A commission may not authorize bonds to finance a capital improvement project unless a political subdivision within whose boundaries the project is to be located has approved the financing of the project. A commission may not authorize bonds to finance a capital improvement project in this state unless all of the political subdivisions within whose boundaries the project is to be located has approved the financing of the project. An approval under this paragraph may be made by the governing body of the political subdivision or, if the political subdivision is a 1st class city or a county in which a 1st class city is located, by the highest ranking executive or administrator of the political subdivision.

AB40-ASA1, s. 1720q Section 1720q. 66.0304 (11) (e) 1. of the statutes is repealed.

AB40-ASA1, s. 1720s Section 1720s. 66.0304 (11) (e) 2. of the statutes is renumbered 66.0304 (11) (e).

AB40-ASA1, s. 1721 Section 1721. 66.0309 (3) (a) 3. of the statutes is repealed.

AB40-ASA1, s. 1721u Section 1721u. 66.0602 (1) (au) of the statutes is created to read:

AB40-ASA1,658,19 66.0602 (1) (au) "Municipality" means a city, village, or town.

AB40-ASA1, s. 1722b Section 1722b. 66.0602 (1) (d) of the statutes is renumbered 66.0602 (1) (d) (intro.) and amended to read:

AB40-ASA1,658,25 66.0602 (1) (d) (intro.) "Valuation factor" means a percentage equal to the greater of either 3 percent or the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current year. or one of the following:

AB40-ASA1, s. 1722c Section 1722c. 66.0602 (1) (d) 1. of the statutes is created to read:

AB40-ASA1,659,3 66.0602 (1) (d) 1. For the levy that is imposed in December 2011 and December 2012, zero percent.

AB40-ASA1, s. 1722d Section 1722d. 66.0602 (1) (d) 2. of the statutes is created to read:

AB40-ASA1,659,6 66.0602 (1) (d) 2. For the levy that is imposed in December 2013 and in every succeeding December, 1.5 percent.

AB40-ASA1, s. 1723 Section 1723. 66.0602 (2) of the statutes is amended to read:

AB40-ASA1,659,15 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. The base amount in any year, to which the limit under this section applies, shall be the maximum allowable actual levy for the immediately preceding year. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this section applies, may not include any amount to which sub. (3) (e) 8. applies.

AB40-ASA1, s. 1724 Section 1724. 66.0602 (2m) of the statutes is created to read:

AB40-ASA1,659,25 66.0602 (2m) Negative adjustment. If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to any political subdivision that does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB40-ASA1, s. 1724d Section 1724d. 66.0602 (3) (cm) of the statutes is repealed.

AB40-ASA1, s. 1724h Section 1724h. 66.0602 (3) (e) 9. of the statutes is created to read:

AB40-ASA1,660,4 66.0602 (3) (e) 9. The political subdivision's share of any refund or rescission determined by the department of revenue and certified under s. 74.41 (5).

AB40-ASA1, s. 1724k Section 1724k. 66.0602 (3) (f) of the statutes is created to read:

AB40-ASA1,660,11 66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2010 was greater than its actual levy in 2010, the levy increase limit otherwise applicable under this section to the political subdivision in 2011 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2010.

AB40-ASA1,660,17 2. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2011 was greater than its actual levy in 2011, the levy increase limit otherwise applicable under this section to the political subdivision in 2012 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2011.

AB40-ASA1,660,20 3. The adjustment described in subds. 1. and 2. may occur only if the political subdivision's governing body approves of the adjustment by one of the following methods:

AB40-ASA1,660,22 a. With regard to a city, village, or county, if the governing body consists of at least 5 members, by a three-quarters majority vote of the governing body.