1995 - 1996 LEGISLATURE
February 16, 1995 - Introduced by Representatives Dobyns, Albers, Jensen,
Owens, Nass, Urban, Otte, Johnsrud, Ourada, Ainsworth, Handrick, Gard,
Porter, Duff, Klusman, Boyle, Ladwig, Brancel, Hoven, Musser
and
Gunderson, cosponsored by Senators Fitzgerald, Rosenzweig and Andrea.
Referred to Committee on Urban and Local Affairs.
AB149,1,4 1An Act to repeal 59.21 (1) (c); to amend 60.37 (1), 62.13 (4) (d), 63.08 (1) (a) and
263.25 (1) (a); and to create 66.188 of the statutes; relating to: prohibiting
3counties, cities, villages, towns and school districts from imposing residency
4requirements on certain employes.
Analysis by the Legislative Reference Bureau
With some exceptions, this bill prohibits cities, villages, towns, counties and
school districts from requiring, as a condition of employment, that any nonelective
employe or prospective employe reside within any jurisdictional limits. Exceptions
to the general prohibition include certain public officials appointed by the mayor of
a 1st class city (presently only Milwaukee), town sanitary district commissioners and
certain school board officials. In addition, the prohibition does not apply to any other
state law requiring residency for a municipal position or to any state or municipal
requirement for state residency.
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:
AB149, s. 1 5Section 1. 59.21 (1) (c) of the statutes is repealed.
AB149, s. 2 6Section 2. 60.37 (1) of the statutes is amended to read:
AB149,2,37 60.37 (1) General. The town board may employ on a temporary or permanent
8basis persons necessary to carry out the functions of town government. The board

1may establish the qualifications and terms of employment, which may not include
2the residency of the employe. The board may delegate the authority to hire town
3employes to any town official or employe.
AB149, s. 3 4Section 3. 62.13 (4) (d) of the statutes is amended to read:
AB149,2,155 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and
6under 55 years of age, with proper limitations as to residence, health and, subject to
7ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examination,
8including minimum training and experience requirements, shall be job-related in
9compliance with appropriate validation standards and shall be subject to the
10approval of the board and may include tests of manual skill and physical strength.
11All relevant experience, whether paid or unpaid, shall satisfy experience
12requirements. The board shall control examinations and may designate and change
13examiners, who may or may not be otherwise in the official service of the city, and
14whose compensation shall be fixed by the board and paid by the city. Veterans and
15their spouses shall be given preference points in accordance with s. 230.16 (7).
AB149, s. 3 16Section 3. 63.08 (1) (a) of the statutes is amended to read:
AB149,3,317 63.08 (1) (a) Any applicant for an examination under s. 63.05 shall be a resident
18of this state before applying for an examination, but the commission may not require
19any period of residency in the county for entrance to an examination or employment
20in the county
. The commission may require an applicant to file a written application
21form which bears upon the applicant's fitness for a vacant position and which the
22commission deems necessary. For a position offering a skilled, technical or
23professional service, upon a finding that a suitable number of qualified applicants
24cannot be obtained from within the state, the commission may open the examination
25to residents of other states. Residency in this state may be waived for an applicant

1for an examination for a position which requires a license in a health care field. No
2question pertaining to political affiliation or religious faith may be asked of any
3applicant for an examination.
AB149, s. 4 4Section 4. 63.25 (1) (a) of the statutes is amended to read:
AB149,3,95 63.25 (1) (a) For open, competitive examinations and for other examinations
6by which to test applicants for office or for employment as to their practical fitness
7to discharge the duties of the positions which they desire to fill, which examinations
8shall be public and free to all persons with proper limitations as to residence, age,
9health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record.
AB149, s. 5 10Section 5. 66.188 of the statutes is created to read:
AB149,3,12 1166.188 Employe residency requirements prohibited. (1) The legislature
12finds that public employe residency requirements are a matter of statewide concern.
AB149,3,14 13(2) In this section, "local governmental unit" means any city, village, town,
14county or school district.
AB149,3,17 15(3) Except as provided in sub. (4), no local governmental unit may require, as
16a condition of employment, that any employe or prospective employe reside within
17any jurisdictional limit.
AB149,3,20 18(4) This section does not affect any statute that requires residency within the
19jurisdictional limits of any local governmental unit or town sanitary district, or any
20provision of law that requires residency in this state.
AB149, s. 6 21Section 6. Initial applicability.
AB149,4,2 22(1)  This act first applies to any city, village, town, county or school district
23whose employes are covered by a collective bargaining agreement that is in effect on

1the effective date of this subsection upon the expiration, extension, renewal or
2modification of the agreement.
AB149,4,33 (End)
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