AB84: Bill Text

Analysis by the Legislative Reference Bureau

This bill permits counties, cities, villages, and towns to enact local ordinances requiring convenience stores, service stations, and restaurants that are regularly open for business at any time between 8 p.m. and 5 a.m. (at-risk businesses), other than at-risk businesses in which only the owner and his or her family members work during those hours, to do all of the following:

1. Adequately illuminate the parking lot at an intensity determined by the ordinance.

2. If the at-risk business is constructed or converted from another use on or after the effective date of the ordinance, place the cash register and transaction area, and maintain window signs and tinting, so as to provide a clear and unobstructed view of the cash register and transaction area from the street.

3. If the at-risk business is equipped with a security camera, make the recording device of the security camera inaccessible to employees and post a conspicuous sign at the entrance stating that a security camera with an inaccessible recording device is in place on the premises.

In addition to the requirements listed above, the bill also permits a local ordinance enacted under the bill to require the owner of an at-risk business that is subject to the ordinance to do any of the following:

1. Equip the at-risk business with an inaccessible drop safe and post a conspicuous sign at the entrance stating that an inaccessible drop safe is on the premises.

2. Require all employees who work at any time between 8 p.m. and 5 a.m. to attend a workplace security training program that is provided by the law enforcement agency of the local governmental unit enacting the ordinance or by a local chamber of commerce or other local business group and that has been approved by the attorney general. The bill appropriates moneys and directs the department of commerce to provide grants to assist local governmental units, local chambers of commerce, or other local business groups in providing those training programs.

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:

AB84, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB84, s. 2 Section 2. 20.143 (3) (e) of the statutes is created to read:

AB84,2,5 20.143 (3) (e) Workplace security training grants. The amounts in the schedule for workplace security training grants under s. 101.112 (6).

AB84, s. 3 Section 3. 101.112 of the statutes is created to read:

AB84,2,8 101.112 Convenience store, service station, and restaurant security ordinances. (1) Definitions. In this section:

AB84,2,10 (a) "Convenience store" means any place of business that is engaged in the retail sale of groceries, including the sale of prepared foods.

AB84,3,1 (b) "Restaurant" has the meaning given in s. 254.61 (5).

AB84,3,3 (c) "Service station" means any place of business that is engaged in the retail sale of gasoline.

AB84,3,8 (2) Local ordinance. A county, city, village, or town may enact an ordinance that is in strict conformity with subs. (3) and (4). An ordinance enacted by a county under this subsection is applicable in that part of any city or village located in the county and in any town located in the county, unless the city, village, or town has enacted an ordinance under this subsection.

AB84,3,14 (3) Convenience store, service station, and restaurant security. (a) An ordinance enacted under sub. (2) shall require the owner of a convenience store, service station, or restaurant that is regularly open for business at any time between 8 p.m. and 5 a.m., other than a convenience store, service station, or restaurant in which only the owner or his or her family members work during those hours, to do all of the following:

AB84,3,17 1. Adequately illuminate the parking lot of the convenience store, service station, or restaurant at an intensity determined by the governing body of the county, city, village, or town enacting the ordinance.

AB84,3,22 2. If the convenience store, service station, or restaurant is constructed or converted from another use on or after the effective date of the ordinance, place the cash register and transaction area, and maintain window signs and tinting, so as to provide a clear and unobstructed view of the cash register and transaction area from the street.

AB84,4,2 3. If the convenience store, service station, or restaurant is equipped with a security camera, make the recording device of the security camera inaccessible to employees and post a conspicuous sign at the entrance stating that a security camera is in place on the premises and that the recording device of the security camera is inaccessible to employees.

AB84,4,5 (b) In addition to the requirements under par. (a), an ordinance enacted under sub. (2) may require the owner of a convenience store, service station, or restaurant described in par. (a) (intro.) to do any of the following:

AB84,4,8 1. Equip the convenience store, service station, or restaurant with a drop safe that is inaccessible to employees and post a conspicuous sign at the entrance stating that a safe is on the premises and that the safe is inaccessible to employees.

AB84,4,11 2. Require all employees who work at any time between 8 p.m. and 5 a.m. to attend a workplace security training program that has been approved by the attorney general under sub. (5) or (6).

AB84,4,13 (4) Penalties. An ordinance enacted under sub. (2) shall provide that any person who violates the ordinance may be required to forfeit not more than $1,000.

AB84,4,21 (5) Workplace security training. The law enforcement agency of a county, city, village, or town that enacts an ordinance under sub. (2) may provide a workplace security training program for persons who are required to attend a workplace security training program under sub. (3) (b) 2. that trains and familiarizes those persons with the security practices required under sub. (3). The law enforcement agency shall submit the proposed training program to the attorney general, and the attorney general shall review and approve or disapprove the proposed training program within 60 days after its receipt.

AB84,5,4 (6) Grants for workplace security training programs. (a) From the appropriation under s. 20.143 (3) (e), the department shall provide grants to applying local governmental units, local chambers of commerce, and other local business groups to assist those units, chambers, or other groups in providing workplace security training programs for the employees of convenience stores, restaurants, service stations, and other places of business that are at risk of theft or robbery, including employees who are required to attend a workplace security training program under sub. (3) (b) 2.

AB84,5,12 (b) A local governmental unit, local chamber of commerce or other local business group that applies for a grant under par. (a) shall submit with its grant application a description of its proposed workplace security training program containing any information that the department, after consulting with the attorney general, may require. On receipt of a grant application, the department shall submit the proposed workplace security training program to the attorney general, and the attorney general shall review and approve or disapprove the proposed workplace security training program within 60 days after its receipt.

AB84,5,15 (c) Annually, the department shall notify all local governmental units and all local chambers of commerce or other local business groups in this state of the availability of the grants provided under par. (a).

AB84,5,24 (7) Immunity from liability. The attorney general and any employee or agent of the attorney general shall not be liable for any claim for damages to person or property arising out of the approval or disapproval of a workplace security training program under sub. (5) or (6). A local governmental unit, any governmental subdivision or agency of a local governmental unit, a local chamber of commerce, or other local business group, and any officer, official, agent, or employee of any of those entities shall not be liable for any claim for damages to person or property arising out of the provision of a workplace security training program approved under sub. (5) or (6).

AB84, s. 4 Section 4. Nonstatutory provisions.

AB84,6,10 (1) Report on safety and security requirements of at-risk businesses. No later than January 1, 2003, the department of justice shall submit a report to the legislature, in the manner provided under section 13.172 (2) of the statutes, on the safety and security requirements of businesses that have a high incidence of violent crimes such as homicide and robbery, as determined under the uniform crime reporting system of the office of justice assistance in the department of administration. The study shall include the effects of multistaffing, bullet-resistant enclosures, security devices such as cameras and alarm systems, and other applicable crime prevention measures in preventing violent crime at those businesses.

AB84,6,11 (End)