AB462: Bill Text

LRB-3245/1

MES:mfd:arm

1997 - 1998 LEGISLATURE

1997 Assembly BILL 462

July 31, 1997 - Introduced by Representatives Kreuser, Plouff, J. Lehman, Linton, Walker, Nass, Musser, Dobyns, Olsen, Lorge, Duff, Jensen and Urban, cosponsored by Senators Farrow and Rosenzweig. Referred to Committee on Urban and Local Affairs.

AB462,1,3 An Act to amend 17.03 (4) (d), 59.26 (1) (intro.), 59.26 (1) (c), 59.35 (1), 60.23 (9), 60.37 (1), 62.13 (4) (d), 62.50 (5), 63.25 (1) (a) and 66.144; and to create 66.188 of the statutes; relating to: limiting certain local residency requirements.

Analysis by the Legislative Reference Bureau

Under current law a city, village, town, county or school board (local governmental unit) may be required by statute, or may have the local option, to impose residency requirements on its employes or on persons who would like to take a civil service test to determine fitness for employment. This bill creates an exception to certain local residency requirements that may currently be required by statute or may be imposed by local action.

Under this bill, if both spouses of a married couple work for different local governmental units that have local residency requirements, the married couple may reside within the jurisdictional limits of one of the local governmental units that has a residency requirement and that employs one of the spouses and the other spouse may not be subject to the residency requirement of the local governmental unit for which he or she works. Also under the bill, if one of the spouses of a married couple works for a local governmental unit that has a residency requirement, the other spouse may not be prohibited from applying for a job or taking a test to determine fitness for employment in another local governmental unit that has a residency requirement.

The bill does not apply to any state statute that requires local residency if the statute relates to a requirement that local elected officials reside in the jurisdiction from which they were elected, nor does the bill apply to any state or local requirement for state residency. The bill also does not apply to certain school district officers, to employes of persons who receive public works contracts from certain local units of government or to individuals who may be appointed to a county or town board of adjustment or a town sanitary district commission.

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:

AB462, s. 1 Section 1. 17.03 (4) (d) of the statutes is amended to read:

AB462,2,4 17.03 (4) (d) If the office is local and appointive, and residency is a local requirement, the county, city, village, town, district or area within which the duties of the office are required to be discharged, subject to s. 66.188.

AB462, s. 2 Section 2. 59.26 (1) (intro.) of the statutes is amended to read:

AB462,3,2 59.26 (1) (intro.) Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall appoint some proper person, who is a resident of the county, subject to s. 66.188, undersheriff. However, in counties with a population of 500,000 or more the appointment of an undersheriff is optional. In counties where the sheriff's department is under civil service, the sheriff, in conformity with county ordinance, may, at the request of the affected deputy, grant a leave of absence to a deputy sheriff who the sheriff has appointed undersheriff, or to any other position in the sheriff's department, upon the deputy's acceptance of the appointment. Any deputy in a county under civil service granted leave of absence under this subsection upon completion of the appointive position shall immediately be returned to the position of deputy sheriff and shall continue therein without loss of any rights under the civil service law. The sheriff, however, may not grant such leave of absence to a deputy sheriff until the sheriff first secures the consent of the board by resolution duly adopted by the board. Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall also appoint deputy sheriffs for the county as follows:

AB462, s. 3 Section 3. 59.26 (1) (c) of the statutes is amended to read:

AB462,3,6 59.26 (1) (c) Each Subject to s. 66.188, each deputy shall reside in the city or village for which the deputy is appointed, or, if appointed for an assembly district, shall reside in the village in such district.

AB462, s. 4 Section 4. 59.35 (1) of the statutes is amended to read:

AB462,3,19 59.35 (1) Within 10 days after entering upon the duties of the office, the coroner may appoint up to 6 proper persons, residents of the county, deputy coroner. The deputies shall reside in the county for which they are appointed, subject to s. 66.188. The coroner may fill vacancies in the office of any such appointees, and may appoint a person to take the place of any deputy who becomes incapable of executing the duties of the office. A person appointed deputy coroner for a regular term or to fill a vacancy or otherwise shall hold office during the pleasure of the coroner. Every appointment of a deputy coroner and every revocation of an appointment shall be in writing and filed and recorded in the office of the clerk of the circuit court. In case of a vacancy in the office of coroner, the chief deputy coroner shall in all things and with like liabilities and penalties execute the duties of the office until the vacancy is filled as provided by law.

AB462, s. 5 Section 5. 60.23 (9) of the statutes is amended to read:

AB462,3,24 60.23 (9) Resident physicians, physician assistants and nurses in certain towns. In a town comprised entirely of one or more islands, annually appropriate money to retain a physician or, if no physician is available, a physician assistant or nurse practitioner, as a resident within the town, subject to s. 66.188.

AB462, s. 6 Section 6. 60.37 (1) of the statutes is amended to read:

AB462,4,5 60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government. The board may establish the qualifications and terms of employment, which that may, subject to s. 66.188, include the residency of the employe. The board may delegate the authority to hire town employes to any town official or employe.

AB462, s. 7 Section 7. 62.13 (4) (d) of the statutes is amended to read:

AB462,4,18 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to residence, subject to s. 66.188, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 230.16 (7).

AB462, s. 8 Section 8. 62.50 (5) of the statutes is amended to read:

AB462,5,4 62.50 (5) Examinations. The examinations which the rules and regulations provide for shall be public and free to all U.S. citizens with proper limitations as to residence, subject to s. 66.188, age, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examinations shall be practical in their character and shall relate to those matters which fairly test the relative capacity of the candidates to discharge the duties of the positions in which they seek employment or to which they seek to be appointed and may include tests of manual skill and physical strength. The board shall control all examinations and may designate suitable persons, either in the official service of the city or not, to conduct such examinations and may change such examiners at any time, as seems best.

AB462, s. 9 Section 9. 63.25 (1) (a) of the statutes is amended to read:

AB462,5,11 63.25 (1) (a) For open, competitive examinations and for other examinations by which to test applicants for office or for employment as to their practical fitness to discharge the duties of the positions which they desire to fill, which examinations shall be public and free to all persons with proper limitations as to residence, subject to s. 66.188, age, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record.

AB462, s. 10 Section 10. 66.144 of the statutes is amended to read:

AB462,5,16 66.144 Residency required for public officials in 1st class cities. Any public official, as defined in s. 66.146 (1) (b), may not serve more than 180 days after his or her confirmation unless he or she resides within the boundaries of the 1st class city by which he or she is employed, subject to s. 66.188.

AB462, s. 11 Section 11. 66.188 of the statutes is created to read:

AB462,5,19 66.188 Limits on employe residency requirements. (1) The legislature finds that public employe residency requirements are a matter of statewide concern.

AB462,5,21 (2) In this section, "local governmental unit" means any city, village, town, county or school district.

AB462,6,2 (3) (a) Except as provided in sub. (4), if both spouses of a married couple work for different local governmental units that have local residency requirements, the married couple may reside within the jurisdictional limits of one of the local governmental units that has a residency requirement and that employs one of the spouses and the other spouse may not be subject to the residency requirement of the local governmental unit for which he or she works

AB462,6,10 (b) Except as provided in sub. (4), if one of the spouses of a married couple works for a local governmental unit that has a residency requirement and the other spouse would like to apply for a job with a different local governmental unit that has a residency requirement or is otherwise eligible to take a test that is described under ss. 62.13 (4) (d), 62.50 (5) and 63.25 (1) (a) but for a residency requirement, the other spouse may not be subject to the residency requirement of the local governmental unit with which he or she would like to apply for a job or for which he or she would like to take a test that is described under ss. 62.13 (4) (d), 62.50 (5) and 63.25 (1) (a).

AB462,6,11 (4) This section does not affect:

AB462,6,14 (a) Any statute that requires residency within the jurisdictional limits of any local governmental unit if the requirement applies to an employe who holds elective office.

AB462,6,15 (b) Any provision of law that requires residency in this state.

AB462,6,17 (c) Any individual who may be appointed to a position under ss. 59.694 (2) (c), 60.65 (2), 60.72 (8) (a), 60.75 (3), 66.29 (6), and 120.05 (1) (d).

AB462, s. 12 Section 12. Initial applicability.

AB462,6,22 (1) This act first applies to any city, village, town, county, town sanitary district or school district whose employes are covered by a collective bargaining agreement that is in effect on the effective date of this subsection upon the expiration, extension, renewal or modification of the agreement.

AB462,6,23 (End)