AB40-ASA1,648,118 62.13 (3) Chiefs. The board shall appoint the chief of police and the chief of the
9fire department or, if applicable, the chief of a combined protective services
10department
, who shall hold their offices during good behavior, subject to suspension
11or removal by the board for cause.
AB40-ASA1, s. 1705 12Section 1705. 62.13 (6) (a) 1. of the statutes is amended to read:
AB40-ASA1,648,1513 62.13 (6) (a) 1. To organize and supervise the fire and police, or combined
14protective services,
departments and to prescribe rules and regulations for their
15control and management.
AB40-ASA1, s. 1706 16Section 1706. 62.13 (6) (a) 2. of the statutes is amended to read:
AB40-ASA1,648,2017 62.13 (6) (a) 2. To contract for and purchase all necessary apparatus and
18supplies for the use of the departments under their supervision, exclusive of the
19erection and control of the police and station, fire station, and combined protective
20services station
buildings.
AB40-ASA1, s. 1707 21Section 1707. 62.13 (6) (a) 3. of the statutes is amended to read:
AB40-ASA1,648,2422 62.13 (6) (a) 3. To audit all bills, claims and expenses of the fire and, police, and
23combined protective services
departments before the same are paid by the city
24treasurer.
AB40-ASA1, s. 1708 25Section 1708. 62.13 (6m) (intro.) of the statutes is amended to read:
AB40-ASA1,649,7
162.13 (6m) (intro.) If a city of less than 4,000 population has not by ordinance
2applied subs. (1) to (6) to the city, the city may not suspend, reduce, suspend and
3reduce, or remove any police chief, combined protective services chief, or other law
4enforcement officer who is not probationary, and for whom there is no valid and
5enforceable contract of employment or collective bargaining agreement which
6provides for a fair review prior to that suspension, reduction, suspension and
7reduction or removal, unless the city does one of the following:
AB40-ASA1, s. 1709 8Section 1709. 62.13 (7m) of the statutes is amended to read:
AB40-ASA1,649,189 62.13 (7m) Rest day. (a) The council of every city of the fourth class shall
10provide for, and the chief of the police or fire department, or the chief of the combined
11protective services department,
shall assign to, each subordinate police officer, or
12each subordinate designated as primarily a police officer under sub. (2e) (b),
in the
13service of such city one full rest day of 24 consecutive hours during each 192 hours,
14except in cases of positive necessity by some sudden and serious emergency, which,
15in the judgment of the chief of police, the fire chief, or the chief of the combined
16protective services department
, demands that such day of rest not be given at such
17time. Arrangements shall be made so that each full rest day may be had at such time
18or times as will not impair the efficiency of the department.
AB40-ASA1,650,419 (b) The council of every city of the second or third class shall provide for, and
20the chief of the police or fire department, or the chief of the combined protective
21services department,
shall assign to, each subordinate police officer, or each
22subordinate designated as primarily a police officer under sub. (2e) (b),
in the service
23of such city 2 full rest days of 24 consecutive hours each during each 192 hours, except
24in cases of positive necessity by some sudden and serious emergency, which, in the
25judgment of the chief of police, the fire chief, or the chief of the combined protective

1services department
, demands that any such day of rest not be given at such time.
2Arrangements shall be made so that each full rest day may be had at such time or
3times as will not impair the efficiency of the department. This section shall not apply
4to villages to which s. 61.65 is applicable.
AB40-ASA1, s. 1710 5Section 1710. 62.13 (7n) of the statutes is amended to read:
AB40-ASA1,650,156 62.13 (7n) Hours of labor. Except when a labor agreement under subch. IV
7of ch. 111 that governs hours of employment exists, the council of every 2nd, 3rd or
84th class city shall provide for a working day of not more than 8 hours in each 24
9except in cases of positive necessity by some sudden and serious emergency, which,
10in the judgment of the chief of police, the fire chief, or the chief of the combined
11protective services department,
demands that such workday shall be extended
12beyond the 8-hour period at such time; and, when such emergency ceases to exist,
13all overtime given during such emergency shall be placed to the credit of such
14subordinate police officer, or each subordinate designated as primarily a police
15officer under sub. (2e) (b),
and compensatory time under s. 103.025 given therefor.
AB40-ASA1, s. 1711 16Section 1711. 62.13 (10m) of the statutes is amended to read:
AB40-ASA1,650,2117 62.13 (10m) Rules governing leaving city. Subject to approval of the common
18council the fire chief, police chief, or the chief of the combined protective services
19department,
may establish rules requiring subordinate fire fighters, or each
20subordinate designated as primarily a fire fighter under sub. (2e) (b),
to obtain
21permission before leaving the city.
AB40-ASA1, s. 1712 22Section 1712. 62.13 (11) of the statutes is amended to read:
AB40-ASA1,651,923 62.13 (11) Fire fighters, rest day. The common council of every 4th class city,
24having a population of 5,000 or more and a fire department, or a combined protective
25services department,
shall provide for, and the chief of the fire department, police

1department, or combined protective services department
shall assign to each full
2paid subordinate member thereof of the fire department or subordinate designated
3as primarily a fire fighter under sub. (2e) (b)
, a period of 24 consecutive hours off duty
4during each 72 hours, except in cases of positive necessity by some sudden and
5serious fire, accident or other peril, which, in the judgment of the chief engineer or
6other officer in charge demands that the day of rest not be given at that time. The
7provisions of this section shall not apply to cities having a 2-platoon or double shift
8system. The provisions of this subsection apply to a person designated as primarily
9a fire fighter who is employed by a police department, as described in sub. (2e).
AB40-ASA1, s. 1713 10Section 1713. 62.13 (12) of the statutes is amended to read:
AB40-ASA1,651,1411 62.13 (12) Legislative intent. Section 62.13 and chapter 589, laws of 1921,
12chapter 423, laws of 1923, and chapter 586, laws of 1911, shall be construed as an
13enactment of statewide concern for the purpose of providing a uniform regulation of
14police and, fire, and combined protective services departments.
AB40-ASA1, s. 1714 15Section 1714 . 62.23 (7) (i) (intro.) of the statutes is amended to read:
AB40-ASA1,651,2016 62.23 (7) (i) Community and other living arrangements. (intro.) For purposes
17of this section, the location of a community living arrangement for adults, as defined
18in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
19(1), a foster home, as defined in s. 48.02 (6), or an adult family home, as defined in
20s. 50.01 (1) (a) or (b), in any city shall be subject to the following criteria:
AB40-ASA1, s. 1715 21Section 1715. 62.232 (2) (b) 1. of the statutes is amended to read:
AB40-ASA1,651,2522 62.232 (2) (b) 1. A city is not required to give the notice under par. (a) at the time
23that it issues a building permit if the city issues the building permit on a standard
24building permit form prescribed by the department of commerce safety and
25professional services
.
AB40-ASA1, s. 1715h
1Section 1715h. 62.50 (18) of the statutes is renumbered 62.50 (18) (a) and
2amended to read:
AB40-ASA1,652,93 62.50 (18) (a) No chief officer of either department or member of the fire
4department may be deprived of any salary or wages for the period of time suspended
5preceding an investigation or trial, unless the charge is sustained. No Except as
6provided in par. (b), no
member of the police force may be discharged or suspended
7under sub. (11) or (13) without pay or benefits until the matter that is the subject of
8the discharge or suspension is disposed of by the board or the time for appeal under
9sub. (13) passes without an appeal being made.
AB40-ASA1, s. 1715k 10Section 1715k. 62.50 (18) (b) of the statutes is created to read:
AB40-ASA1,652,1811 62.50 (18) (b) Following a discharge or suspension under sub. (11) or (13), no
12member of the police force is entitled to any salary or wages from the department
13pending an appeal of the discharge or suspension to the board of fire and police
14commissioners if charges relating to an offense are also pending against the member
15and such charges arose out of the same conduct or incident that serves as the basis
16for the discharge or suspension. If the charges against the officer are dismissed, or
17if the officer is found not guilty of the charges, the officer shall be reinstated and
18entitled to pay as described in sub. (22).
AB40-ASA1, s. 1715p 19Section 1715p. 62.623 of the statutes, as created by 2011 Wisconsin Act 10,
20is repealed and recreated to read:
AB40-ASA1,653,3 2162.623 Payment of contributions in an employee retirement system of
22a 1st class city. (1)
Beginning on the effective date of this section .... [LRB inserts
23date], in any employee retirement system of a 1st class city, except as otherwise
24provided in a collective bargaining agreement entered into under subch. IV of ch. 111
25and except as provided in sub. (2), employees shall pay all employee required

1contributions for funding benefits under the retirement system. The employer may
2not pay on behalf of an employee any of the employee's share of the required
3contributions.
AB40-ASA1,653,9 4(2) (a) An employer shall pay, on behalf of a nonrepresented law enforcement
5or fire fighting managerial employee, who was initially employed by the employer
6before the effective date of this paragraph .... [LRB inserts date], the same
7contributions required by sub. (1) that are paid by the employer for represented law
8enforcement or fire fighting personnel who were initially employed by the employer
9before the effective date of this paragraph .... [LRB inserts date].
AB40-ASA1,653,1910 (b) An employer shall pay, on behalf of a represented law enforcement or fire
11fighting employee, who was initially employed by the employer before the effective
12date of this paragraph .... [LRB inserts date], and who on or after the effective date
13of this paragraph .... [LRB inserts date], became employed in a nonrepresented law
14enforcement or fire fighting managerial position with the employer, or a successor
15employer in the event of a combined department that is created on or after the
16effective date of this paragraph .... [LRB inserts date], the same contributions
17required by sub. (1) that are paid by the employer for represented law enforcement
18or fire fighting personnel who were initially employed by the employer before the
19effective date of this paragraph .... [LRB inserts date].
AB40-ASA1, s. 1717 20Section 1717. 66.0101 (11) of the statutes is amended to read:
AB40-ASA1,653,2421 66.0101 (11) Sections 62.13 and 62.50 and chapter 589, laws of 1921, and
22chapter 423, laws of 1923, shall be construed as enactments of statewide concern for
23the purpose of providing uniform regulation of police and , fire, and combined
24protective services
departments.
AB40-ASA1, s. 1719 25Section 1719. 66.0211 (5) of the statutes is amended to read:
AB40-ASA1,654,10
166.0211 (5) Certification of incorporation. If a majority of the votes in an
2incorporation referendum are cast in favor of a village or city, the clerk of the circuit
3court shall certify the fact to the secretary of state and supply the secretary of state
4with a copy of a description of the legal boundaries of the village or city and the
5associated population and a copy of a plat of the village or city. Within 10 days of
6receipt of the description and plat, the secretary of state shall forward 2 copies to the
7department of transportation and one copy each to the department of
8administration, and the department of revenue and the department of commerce.
9The secretary of state shall issue a certificate of incorporation and record the
10certificate.
AB40-ASA1, s. 1719d 11Section 1719d. 66.0235 (5) of the statutes is amended to read:
AB40-ASA1,655,1512 66.0235 (5) Apportionment board. The boards or councils of the local
13governmental units, or committees selected for that purpose, acting together,
14constitute an apportionment board. When a local governmental unit is dissolved
15because all of its territory is transferred the board or council of the local
16governmental unit existing at the time of dissolution shall, for the purpose of this
17section, continue to exist as the governing body of the local governmental unit until
18there has been an apportionment of assets by agreement of the interested local
19governmental units or by an order of the circuit court. After an agreement for
20apportionment of assets has been entered into between the interested local
21governmental units, or an order of the circuit court becomes final, a copy of the
22apportionment agreement, or of the order, certified to by the clerks of the interested
23local governmental units, shall be filed with the department of revenue, the
24department of natural resources, the department of transportation, the state
25superintendent of public instruction, the department of administration, and with

1any other department or agency of the state from which the town may be entitled by
2law to receive funds or certifications or orders relating to the distribution or
3disbursement of funds, with the county treasurer, with the treasurer of any local
4governmental unit, or with any other entity from which payment would have become
5due if the dissolved local governmental unit had continued in existence. Subject to
6ss. 79.006 and 86.303 (4), payments from the shared revenue account made pursuant
7to ch. 79,
payments of forest crop taxes under s. 77.05, of transportation aids under
8s. 20.395, of state aids for school purposes under ch. 121, payments for managed
9forest land under subch. VI of ch. 77 and all payments due from a department or
10agency of the state, from a county, from a local governmental unit, or from any other
11entity from which payments would have become due if the dissolved local
12governmental unit had continued in existence, shall be paid to the interested local
13governmental unit as provided by the agreement for apportionment of assets or by
14any order of apportionment by the circuit court and the payments have the same
15force and effect as if made to the dissolved local governmental unit.
AB40-ASA1, s. 1720b 16Section 1720b. 66.0301 (1) (a) of the statutes is amended to read:
AB40-ASA1,656,617 66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section
18"municipality" means the state or any department or agency thereof, or any city,
19village, town, county, school district, public library system, public inland lake
20protection and rehabilitation district, sanitary district, farm drainage district,
21metropolitan sewerage district, sewer utility district, solid waste management
22system created under s. 59.70 (2), local exposition district created under subch. II of
23ch. 229, local professional baseball park district created under subch. III of ch. 229,
24local professional football stadium district created under subch. IV of ch. 229, local
25cultural arts district created under subch. V of ch. 229, transit authority created

1under s. 66.1039,
long-term care district under s. 46.2895, water utility district,
2mosquito control district, municipal electric company, county or city transit
3commission, commission created by contract under this section, taxation district,
4regional planning commission, housing authority created under s. 66.1201,
5redevelopment authority created under s. 66.1333, community development
6authority created under s. 66.1335, or city-county health department.
AB40-ASA1, s. 1720d 7Section 1720d. 66.0304 (1) (b) of the statutes is amended to read:
AB40-ASA1,656,108 66.0304 (1) (b) "Bond" means any bond, note or other obligation of a commission
9issued or entered into under this section, including any refunding bond or certificate
10of participation or lease-purchase, installment sale, or other financing agreement.
AB40-ASA1, s. 1720e 11Section 1720e. 66.0304 (1) (e) of the statutes is amended to read:
AB40-ASA1,656,1612 66.0304 (1) (e) "Participant" means any public or private entity or
13unincorporated association
, including a federally recognized Indian tribe or band,
14that contracts with a commission for the purpose of financing or refinancing a project
15that is owned, sponsored, or controlled by the public or private entity or
16unincorporated association
.
AB40-ASA1, s. 1720f 17Section 1720f. 66.0304 (1) (f) of the statutes is amended to read:
AB40-ASA1,656,2118 66.0304 (1) (f) "Political subdivision" means any city, village, town, or county
19in this state or any city, village, town, county, district, office, department, authority,
20agency, commission, or other similar governmental entity in another state or
21territory of the United States
.
AB40-ASA1, s. 1720h 22Section 1720h. 66.0304 (4) (i) of the statutes is amended to read:
AB40-ASA1,656,2523 66.0304 (4) (i) Make loans to, lease property from or to, or enter into any other
24kind of an agreement with a participant or other entity, in connection with financing
25or refinancing a project.
AB40-ASA1, s. 1720i
1Section 1720i. 66.0304 (4) (k) of the statutes is amended to read:
AB40-ASA1,657,62 66.0304 (4) (k) Assign or pledge any portion of its interests in projects,
3mortgages, deeds of trust, indentures of mortgage or trust, leases, purchase or sale
4agreements or other financing agreements, or similar instruments, bonds, notes, and
5security interests in property, of a participant, or contracts entered into or acquired
6in connection with bonds.
AB40-ASA1, s. 1720j 7Section 1720j. 66.0304 (4) (p) of the statutes is amended to read:
AB40-ASA1,657,128 66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any
9participant, the state or a department, authority, or agency of the state, or any
10political subdivision
. Bonds purchased under this paragraph may be held by the
11commission or sold, in whole or in part, separately or together with other bonds
12issued by the commission.
AB40-ASA1, s. 1720L 13Section 1720L. 66.0304 (5) (am) of the statutes is created to read:
AB40-ASA1,657,2114 66.0304 (5) (am) Notwithstanding par. (a), as an alternative to specifying the
15matters required to be specified in the bond resolution under par. (a), the resolution
16may specify members of the board or officers or employees of the commission, by
17name or position, to whom the commission delegates authority to determine which
18of the matters under specified par. (a), and any other matters that the commission
19deems appropriate, for inclusion in the trust agreement, indenture, or other
20agreement providing for issuance of the bonds as finally executed. A resolution
21under this paragraph shall specify at least all of the following:
AB40-ASA1,657,2222 1. The maximum principal amount of bonds to be issued.
AB40-ASA1,657,2323 2. The maximum term of the bonds.
AB40-ASA1,657,2424 3. The maximum interest rate to be borne by the bonds.
AB40-ASA1, s. 1720m 25Section 1720m. 66.0304 (5) (d) of the statutes is amended to read:
AB40-ASA1,658,3
166.0304 (5) (d) The proceeds of a bond issued under this section may be used
2for a project in one or more projects located within or outside of this state or any other
3state
.
AB40-ASA1, s. 1720p 4Section 1720p. 66.0304 (11) (a) of the statutes is amended to read:
AB40-ASA1,658,135 66.0304 (11) (a) A commission may not authorize bonds to finance a capital
6improvement project unless a political subdivision within whose boundaries the
7project is to be located has approved the financing of the project. A commission may
8not authorize bonds to finance a capital improvement project in this state unless all
9of the political subdivisions within whose boundaries the project is to be located has
10approved the financing of the project. An approval under this paragraph may be
11made by the governing body of the political subdivision or, if the political subdivision
12is a 1st class city or a county in which a 1st class city is located, by the highest ranking
13executive or administrator of the political subdivision.
AB40-ASA1, s. 1720q 14Section 1720q. 66.0304 (11) (e) 1. of the statutes is repealed.
AB40-ASA1, s. 1720s 15Section 1720s. 66.0304 (11) (e) 2. of the statutes is renumbered 66.0304 (11)
16(e).
AB40-ASA1, s. 1721 17Section 1721. 66.0309 (3) (a) 3. of the statutes is repealed.
AB40-ASA1, s. 1721u 18Section 1721u. 66.0602 (1) (au) of the statutes is created to read:
AB40-ASA1,658,1919 66.0602 (1) (au) "Municipality" means a city, village, or town.
AB40-ASA1, s. 1722b 20Section 1722b. 66.0602 (1) (d) of the statutes is renumbered 66.0602 (1) (d)
21(intro.) and amended to read:
AB40-ASA1,658,2522 66.0602 (1) (d) (intro.) "Valuation factor" means a percentage equal to the
23greater of either 3 percent or the percentage change in the political subdivision's
24January 1 equalized value due to new construction less improvements removed
25between the previous year and the current year. or one of the following:
AB40-ASA1, s. 1722c
1Section 1722c. 66.0602 (1) (d) 1. of the statutes is created to read:
AB40-ASA1,659,32 66.0602 (1) (d) 1. For the levy that is imposed in December 2011 and December
32012, zero percent.
AB40-ASA1, s. 1722d 4Section 1722d. 66.0602 (1) (d) 2. of the statutes is created to read:
AB40-ASA1,659,65 66.0602 (1) (d) 2. For the levy that is imposed in December 2013 and in every
6succeeding December, 1.5 percent.
AB40-ASA1, s. 1723 7Section 1723. 66.0602 (2) of the statutes is amended to read:
AB40-ASA1,659,158 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political
9subdivision may increase its levy in any year by a percentage that exceeds the
10political subdivision's valuation factor. The base amount in any year, to which the
11limit under this section applies, shall be the maximum allowable actual levy for the
12immediately preceding year. In determining its levy in any year, a city, village, or
13town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85
14(1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this
15section applies, may not include any amount to which sub. (3) (e) 8. applies.
AB40-ASA1, s. 1724 16Section 1724. 66.0602 (2m) of the statutes is created to read:
AB40-ASA1,659,2517 66.0602 (2m) Negative adjustment. If a political subdivision's levy for the
18payment of any general obligation debt service, including debt service on debt issued
19or reissued to fund or refund outstanding obligations of the political subdivision and
20interest on outstanding obligations of the political subdivision, on debt originally
21issued before July 1, 2005, is less in the current year than it was in the previous year,
22the political subdivision shall reduce its levy limit in the current year by an amount
23equal to the amount that its levy was reduced as described in this subsection. This
24subsection does not apply to any political subdivision that does not increase its levy
25increase limit as allowed under sub. (3) (f) 1.
AB40-ASA1, s. 1724d
1Section 1724d. 66.0602 (3) (cm) of the statutes is repealed.
AB40-ASA1, s. 1724h 2Section 1724h. 66.0602 (3) (e) 9. of the statutes is created to read:
AB40-ASA1,660,43 66.0602 (3) (e) 9. The political subdivision's share of any refund or rescission
4determined by the department of revenue and certified under s. 74.41 (5).
AB40-ASA1, s. 1724k 5Section 1724k. 66.0602 (3) (f) of the statutes is created to read:
AB40-ASA1,660,116 66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy
7under this section in 2010 was greater than its actual levy in 2010, the levy increase
8limit otherwise applicable under this section to the political subdivision in 2011 is
9increased by the difference between these 2 amounts, as determined by the
10department of revenue, up to a maximum increase of 0.5 percent of the actual levy
11in 2010.
AB40-ASA1,660,1712 2. Subject to subd. 3., if a political subdivision's allowable levy under this
13section in 2011 was greater than its actual levy in 2011, the levy increase limit
14otherwise applicable under this section to the political subdivision in 2012 is
15increased by the difference between these 2 amounts, as determined by the
16department of revenue, up to a maximum increase of 0.5 percent of the actual levy
17in 2011.
AB40-ASA1,660,2018 3. The adjustment described in subds. 1. and 2. may occur only if the political
19subdivision's governing body approves of the adjustment by one of the following
20methods:
AB40-ASA1,660,2221 a. With regard to a city, village, or county, if the governing body consists of at
22least 5 members, by a three-quarters majority vote of the governing body.
AB40-ASA1,660,2423 b. With regard to a city, village, or county, if the governing body consists of fewer
24than 5 members, by a two-thirds majority vote of the governing body.
AB40-ASA1,661,3
1c. With a regard to a town, by a majority vote of the annual town meeting, or
2a special town meeting, if the town board has adopted a resolution approving of the
3adjustment by a two-thirds majority vote of the town board.
AB40-ASA1,661,94 4. If a political subdivision's allowable levy under this section in 2012, or any
5year thereafter, was greater than its actual levy in that year, the levy increase limit
6otherwise applicable under this section to the political subdivision in the next
7succeeding year is increased by the difference between the prior year's allowable levy
8and the prior year's actual levy, as determined by the department of revenue, up to
9a maximum increase of 0.5 percent of the actual levy in that prior year.
AB40-ASA1, s. 1724p 10Section 1724p. 66.0602 (3) (j) of the statutes is created to read:
AB40-ASA1,661,1611 66.0602 (3) (j) 1. Subject to subd. 2., if a municipality experiences a shortfall
12in its general fund due to a loss of revenue received by the municipality from the sale
13of water or another commodity to a manufacturing facility as a result of the
14manufacturer discontinuing operations at the facility, the limit otherwise applicable
15under this section may be increased by the amount that the municipality levies to
16make up for the revenue shortfall.
Loading...
Loading...