Amendment ASA1-AB192

LRBs0188/1

EVM:kjf:rs

2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2011 ASSEMBLY BILL 192

September 27, 2011 - Offered by Representative Pocan.

AB192-ASA1,1,4 An Act to amend 62.13 (2s) (a); and to create 59.28 (3), 60.55 (1) (c), 60.56 (1) (c), 61.65 (9), 62.13 (2s) (e), 62.13 (11m) and 62.50 (4m) of the statutes; relating to: provision of police or fire protection services by a county sheriff or municipality.

Analysis by the Legislative Reference Bureau

Under current law, cities, villages, and towns (municipalities) and county sheriffs are subject to varying requirements regarding the provision of police and fire protection services. They are as follows:

1. A town board must provide fire protection services for the town and may provide law enforcement services for the town or any portion of the town.

2. A village with a population of 5,500 or more must provide fire protection services for the village. A village with a population of 5,000 or more must provide police protection services for the village and a village with a population of less than 5,000 may provide police protection services.

3. A city must provide police and fire protection services for the city.

4. A county sheriff must provide law enforcement services for the county.

Also under current law, a city or village may, subject to certain requirements, abolish its police department and contract with the county for the county sheriff to provide police protection services for the city or village.

Under this substitute amendment, a municipality may not condition the provision of fire or police protection services and a sheriff may not condition the provision of law enforcement services to a person based on the person's payment of a fee, charge, or tax. Also, a contract between a city or village and a county for the county sheriff to provide law enforcement services for the city or village must require that the county sheriff not condition the provision of police protection services to a person in the city or village based on the person's payment of a fee, charge, or tax.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB192-ASA1, s. 1 Section 1. 59.28 (3) of the statutes is created to read:

AB192-ASA1,2,6 59.28 (3) The sheriff may not condition the provision of law enforcement services under sub. (1) to a person based on the person's payment of a fee, charge, or tax. This subsection does not affect the sheriff's authority to enter into a contract to provide law enforcement services in addition to that required under sub. (1) to a municipality.

AB192-ASA1, s. 2 Section 2. 60.55 (1) (c) of the statutes is created to read:

AB192-ASA1,2,10 60.55 (1) (c) The town board may not condition the provision of fire protection under par. (a) to a person in any portion of the town based on the person's payment of a fee, charge, or tax.

AB192-ASA1, s. 3 Section 3. 60.56 (1) (c) of the statutes is created to read:

AB192-ASA1,2,15 60.56 (1) (c) The town board may not condition the provision of law enforcement services under par. (a) to a person in any portion of the town in which the town provides law enforcement service based on the person's payment of a fee, charge, or tax.

AB192-ASA1, s. 4 Section 4. 61.65 (9) of the statutes is created to read:

AB192-ASA1,3,2 61.65 (9) A village may not condition the provision of police or fire protection services under sub. (1) (a) or (2) (a) to a person in any portion of the village in which the village provides police or fire protection services based on the person's payment of a fee, charge, or tax.

AB192-ASA1, s. 5 Section 5. 62.13 (2s) (a) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

AB192-ASA1,3,14 62.13 (2s) (a) Subject to pars. (b) to (d) (e), 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.

AB192-ASA1, s. 6 Section 6. 62.13 (2s) (e) of the statutes is created to read:

AB192-ASA1,3,19 62.13 (2s) (e) A contract that is entered into under this subsection shall specify that the county sheriff may not condition the provision of law enforcement services under the contract to a person in the city based on the person's payment of a fee, charge, or tax.

AB192-ASA1, s. 7 Section 7. 62.13 (11m) of the statutes is created to read:

AB192-ASA1,3,23 62.13 (11m) Provision of police and fire protection services. A city may not condition the provision of police or fire protection services under this section to a person in the city based on the person's payment of a fee, charge, or tax.

AB192-ASA1, s. 8 Section 8. 62.50 (4m) of the statutes is created to read:

AB192-ASA1,4,3 62.50 (4m) Provision of police and fire protection services. A 1st class city may not condition the provision of police or fire protection services under this section to a person in the city based on the person's payment of a fee, charge, or tax.

AB192-ASA1,4,4 (End)