Amendment ASA1-AB40

AB40-ASA1,639,16 59.69 (4c) Construction site ordinance limits. Except as provided in s. 281.33 (3m) (f) 101.1206 (5m), an ordinance that is enacted under sub. (4) may only include provisions that are related to construction site erosion control if those provisions are limited to sites where the construction activities do not include the construction of a building.

AB40-ASA1, s. 1682 Section 1682 . 59.69 (15) (intro.) of the statutes is amended to read:

AB40-ASA1,639,22 59.69 (15) 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 municipality, shall be subject to the following criteria:

AB40-ASA1, s. 1683 Section 1683. 59.691 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,640,2 59.691 (2) (b) 1. A county is not required to give the notice under par. (a) at the time that it issues a building permit if the county issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40-ASA1, s. 1684p Section 1684p. 59.875 of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,640,7 59.875 Payment of contributions in an employee retirement system of populous counties. (1) In this section, "county" means any county having a population of 500,000 or more.

AB40-ASA1,640,14 (2) (a) Beginning on the effective date of this subsection .... [LRB inserts date], in any employee retirement system of a county, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in par. (b), employees shall pay half of all actuarially 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 actuarially required contributions.

AB40-ASA1,640,20 (b) 1. 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 subdivision .... [LRB inserts date], the same contributions required by par. (a) 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 subdivision .... [LRB inserts date].

AB40-ASA1,641,5 2. 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 subdivision .... [LRB inserts date], and who on or after the effective date of this subdivision .... [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 subdivision .... [LRB inserts date], the same contributions required by par. (a) 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 subdivision .... [LRB inserts date].

AB40-ASA1, s. 1685 Section 1685. 60.23 (4) (c) of the statutes is amended to read:

AB40-ASA1,641,9 60.23 (4) (c) Coordinate its activities with the county planning commission, the department of commerce Wisconsin Economic Development Corporation, and private credit development organizations.

AB40-ASA1, s. 1686 Section 1686. 60.55 (1) (a) 5. of the statutes is created to read:

AB40-ASA1,641,12 60.55 (1) (a) 5. Creating a combined protective services department under s. 60.553.

AB40-ASA1, s. 1687 Section 1687. 60.553 of the statutes is created to read:

AB40-ASA1,641,15 60.553 Combined protective services. (1) Any town may provide police and fire protection services by any of the following:

AB40-ASA1,641,21 (a) A combined protective services department which is neither a police department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in which the same person 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 s. 62.13 (7n).

AB40-ASA1,642,2 (b) 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 s. 62.13 (7n).

AB40-ASA1,642,6 (2) The governing body of a town acting under sub. (1) may designate any person required to perform police protection and fire protection duties under sub. (1) as primarily a police officer or fire fighter for purposes described in ss. 62.13 (7m), (7n), (10m), and (11) 891.45, 891.453, and 891.455.

AB40-ASA1, s. 1688 Section 1688. 60.56 (1) (a) 4. of the statutes is created to read:

AB40-ASA1,642,9 60.56 (1) (a) 4. Creating a combined protective services department under s. 60.553.

AB40-ASA1, s. 1689 Section 1689. 60.56 (1) (am) (intro.) of the statutes is amended to read:

AB40-ASA1,642,21 60.56 (1) (am) (intro.) If a town board establishes a town police department under par. (a) 1. or 2. and does not create a board of police commissioners singly or in combination with another town, village or city, or if a town board establishes a combined protective services department under s. 60.553 and does not create a board of police and fire commissioners, the town may not suspend, reduce, suspend and reduce, or remove any police chief, chief of a combined protective services department, 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 town board does one of the following:

AB40-ASA1, s. 1690 Section 1690. 60.57 (1) (c) of the statutes is amended to read:

AB40-ASA1,642,24 60.57 (1) (c) If the town has both a police and fire department, or a combined protective services department, establish a board of police and fire commissioners.

AB40-ASA1, s. 1691 Section 1691. 60.625 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,643,4 60.625 (2) (b) 1. A town is not required to give the notice under par. (a) at the time that it issues a building permit if the town issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40-ASA1, s. 1692 Section 1692 . 60.63 (intro.) of the statutes is amended to read:

AB40-ASA1,643,10 60.63 Community and other living arrangements. (intro.) For purposes of s. 60.61, 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 town shall be subject to the following criteria:

AB40-ASA1, s. 1693 Section 1693. 60.71 (4) (b) of the statutes is amended to read:

AB40-ASA1,643,16 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of commerce safety and professional services and the department of natural resources at least 10 days prior to the hearing.

AB40-ASA1, s. 1694 Section 1694. 60.71 (4) (c) of the statutes is amended to read:

AB40-ASA1,643,25 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of commerce safety and professional services and of the department of natural resources may attend the hearing and advise the town board.

AB40-ASA1, s. 1695 Section 1695. 60.85 (14) of the statutes is repealed.

AB40-ASA1, s. 1696 Section 1696. 61.352 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,644,6 61.352 (2) (b) 1. A village is not required to give the notice under par. (a) at the time that it issues a building permit if the village issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40-ASA1, s. 1697 Section 1697. 61.65 (1) (am) (intro.) of the statutes is amended to read:

AB40-ASA1,644,17 61.65 (1) (am) (intro.) If a village establishes a police department and does not create a board of police commissioners singly or in combination with another municipality, or if a village board establishes a combined protective services department under s. 61.66 and does not create a board of police and fire commissioners, the village may not suspend, reduce, suspend and reduce, or remove any police chief, chief of a combined protective services department, 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 village does one of the following:

AB40-ASA1, s. 1698 Section 1698. 61.66 (1) (a) and (b) and (2) of the statutes are amended to read:

AB40-ASA1,644,24 61.66 (1) (a) A combined protective services department which is neither a police department under s. 61.65 (1) (a) nor a fire department under s. 61.65 (2) (a), which was created prior to January 1, 1987, and in which the same person 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 specified described under s. 62.13 (7n).

AB40-ASA1,645,6 (b) 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 specified described under s. 62.13 (7n), if those persons were required to perform those duties prior to January 1, 1987.

AB40-ASA1,645,10 (2) The governing body of a village acting under sub. (1) may designate any person required to perform police protection and fire protection duties under sub. (1) as primarily a police officer or fire fighter for purposes of s. described in ss. 62.13 (7m), (7n), (10m), and (11), 891.45, 891.453, or and 891.455.

AB40-ASA1, s. 1699 Section 1699. 62.09 (1) (a) of the statutes is amended to read:

AB40-ASA1,646,5 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police except in a city that has contracted for all of its police protective services under s. 62.13 (2g) or has abolished its police department under s. 62.13 (2s) where it is not applicable, chief of the fire department except in a city that contracted for all of its fire protective services under s. 62.13 (8) (b) where it is not applicable, chief of a combined protective services department except in a city where it is not applicable, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.0211 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special election, provide that there shall be 2 alderpersons from each aldermanic district. If a city creates a combined protective services department under s. 62.13 (2e) (a) 1., it shall create the office of chief of such a department and shall abolish the offices of chief of police and chief of the fire department.

AB40-ASA1, s. 1700 Section 1700. 62.09 (13) (a) of the statutes is amended to read:

AB40-ASA1,646,21 62.09 (13) (a) The chief of police shall have command of the police force of the city, or the chief of a combined protective services department created under s. 62.13 (2e) (a) 1. shall have command of the combined protective services force, under the direction of the mayor. The chief shall obey all lawful written orders of the mayor or common council. The chief and each police officer or combined protective services officer shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables; shall arrest with or without process and with reasonable diligence take before the municipal judge or other proper court every person found in the city engaged in any disturbance of the peace or violating any law of the state or ordinance of the city and may command all persons present in that case to assist, and if any person, being so commanded, refuses or neglects to render assistance the person shall forfeit not exceeding $10. They shall collect the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (1) (b).

AB40-ASA1, s. 1701 Section 1701. 62.09 (13) (b) of the statutes is amended to read:

AB40-ASA1,647,2 62.09 (13) (b) The chief of police, or the chief of a combined protective services department created under s. 62.13 (2e) (a) 1., shall have charge of all city jails, including that portion of any jail which is used by the city in a joint city-county building.

AB40-ASA1, s. 1702 Section 1702. 62.13 (2e) of the statutes is created to read:

AB40-ASA1,647,5 62.13 (2e) Combined protective services. (a) A city may provide police and fire protection services by any of the following:

AB40-ASA1,647,11 1. A combined protective services department which is neither a police department as otherwise constituted under this section nor a fire department as otherwise constituted under this section, in which the same person 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-ASA1,647,16 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: