2001 - 2002 LEGISLATURE
February 13, 2001 - Introduced by Representatives Gunderson, Jensen, Huebsch,
Nass, Freese, Ladwig, Musser, Balow, Kreibich, Powers, Johnsrud, Albers,
Skindrud, Sykora
and Urban, cosponsored by Senators S. Fitzgerald,
Schultz
and Huelsman. Referred to Committee on Urban and Local Affairs.
AB113,1,4 1An Act to repeal 59.26 (1) (c); to amend 17.03 (4) (d), 60.37 (1), 62.13 (4) (d),
263.08 (1) (a) and 63.25 (1) (a); and to create 66.0502 of the statutes; relating
3to:
prohibiting cities, villages, towns, counties, and school districts from
4imposing residency requirements on certain employees.
Analysis by the Legislative Reference Bureau
With some exceptions, this bill prohibits local governmental units (cities,
villages, towns, counties, and school districts) from requiring, as a condition of
employment, that any nonelective employee or prospective employee 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)
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.
The bill also allows a local governmental unit to impose a residency
requirement on police officers or firefighters that may not require such personnel to
live closer than 15 miles outside of the boundary of the local governmental unit,
although such personnel may choose to live closer to the boundary of the local
governmental unit than the distance specified in the ordinance. If, however, a local
governmental unit has in effect a less restrictive residency requirement on the
effective date of the bill that applies to police officers or firefighters who are employed
by the local governmental unit on the effective date of the bill, such personnel would

not be subject to a stricter residency requirement that is enacted by the local
governmental unit.
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:
AB113, s. 1 1Section 1. 17.03 (4) (d) of the statutes is amended to read:
AB113,2,42 17.03 (4) (d) If the office is local and appointive, and residency, subject to s.
366.0502,
is a local requirement, the county, city, village, town, district, or area within
4which the duties of the office are required to be discharged.
AB113, s. 2 5Section 2. 59.26 (1) (c) of the statutes is repealed.
AB113, s. 3 6Section 3. 60.37 (1) of the statutes is amended to read:
AB113,2,117 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
9may establish the qualifications and terms of employment, which may not include
10the residency of the employee. The board may delegate the authority to hire town
11employees to any town official or employee.
AB113, s. 4 12Section 4. 62.13 (4) (d) of the statutes is amended to read:
AB113,3,313 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and
14under 55 years of age, with proper limitations as to residence, health and, subject to
15ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination,
16including minimum training and experience requirements, shall be job-related in
17compliance with appropriate validation standards and shall be subject to the
18approval of the board and may include tests of manual skill and physical strength.
19All relevant experience, whether paid or unpaid, shall satisfy experience
20requirements. The board shall control examinations and may designate and change

1examiners, who may or may not be otherwise in the official service of the city, and
2whose compensation shall be fixed by the board and paid by the city. Veterans and
3their spouses shall be given preference points in accordance with s. 230.16 (7).
AB113, s. 5 4Section 5. 63.08 (1) (a) of the statutes is amended to read:
AB113,3,165 63.08 (1) (a) Any applicant for an examination under s. 63.05 shall be a resident
6of this state before applying for an examination, but the commission may not require
7any period of residency in the county for entrance to an examination or employment
8in the county
. The commission may require an applicant to file a written application
9form which bears upon the applicant's fitness for a vacant position and which the
10commission deems necessary. For a position offering a skilled, technical, or
11professional service, upon a finding that a suitable number of qualified applicants
12cannot be obtained from within the state, the commission may open the examination
13to residents of other states. Residency in this state may be waived for an applicant
14for an examination for a position which requires a license in a health care field. No
15question pertaining to political affiliation or religious faith may be asked of any
16applicant for an examination.
AB113, s. 6 17Section 6. 63.25 (1) (a) of the statutes is amended to read:
AB113,3,2218 63.25 (1) (a) For open, competitive examinations and for other examinations
19by which to test applicants for office or for employment as to their practical fitness
20to discharge the duties of the positions which they desire to fill, which examinations
21shall be public and free to all persons with proper limitations as to residence, age,
22health, and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record.
AB113, s. 7 23Section 7. 66.0502 of the statutes is created to read:
AB113,4,3
166.0502 Employee residency requirements prohibited. (1) The
2legislature finds that public employee residency requirements are a matter of
3statewide concern.
AB113,4,4 4(2) In this section:
AB113,4,55 (a) "Emergency personnel" means a law enforcement officer or a firefighter.
AB113,4,76 (b) "Local governmental unit" means any city, village, town, county, or school
7district.
AB113,4,10 8(3) Except as provided in sub. (4), no local governmental unit may require, as
9a condition of employment, that any employee or prospective employee reside within
10any jurisdictional limit.
AB113,4,13 11(4) (a) This section does not affect any statute that requires residency within
12the jurisdictional limits of any local governmental unit or town sanitary district, or
13any provision of law that requires residency in this state.
AB113,4,1814 (b) Subject to par. (c), a local governmental unit may impose a residency
15requirement on emergency personnel that may not require the emergency personnel
16to live closer than 15 miles outside of the boundary of the local governmental unit,
17although such emergency personnel may choose to live closer to the boundary of the
18local governmental unit than the distance specified in the ordinance.
AB113,4,2519 (c) If a local governmental unit has a residency requirement that is in effect on
20the effective date of this paragraph .... [revisor inserts date], that applies to
21emergency personnel and that requirement is less stringent than a residency
22requirement described under par. (b), a residency requirement that is enacted or
23adopted under par. (b) may not be applied to any emergency personnel who are
24employed by that local governmental unit on the effective date of this paragraph ....
25[revisor inserts date].
AB113, s. 8
1Section 8. Initial applicability.
AB113,5,52 (1) This act first applies to any city, village, town, county, or school district
3whose employees are covered by a collective bargaining agreement that is in effect
4on the effective date of this subsection upon the expiration, extension, renewal, or
5modification of the agreement.
AB113,5,66 (End)
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