AB312: Bill Text

AB312,9,23 62.13 (7m) Rest day. (a) The council of every city of the fourth class shall provide for, and the chief of the police department, or the chief of the combined protective services department, shall assign to, each police officer , or each subordinate designated as primarily a police officer under sub. (2e) (b), in the service of such city one full rest day of 24 consecutive hours during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, or the chief of the combined protective services department, demands that such day of rest not be given at such time. Arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the department.

AB312,9,25 (b) The council of every city of the second or third class shall provide for, and the chief of the police department, or the chief of the combined protective services department, shall assign to, each police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), in the service of such city 2 full rest days of 24 consecutive hours each during each 192 hours, except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, or the chief of the combined protective services department, demands that any such day of rest not be given at such time. Arrangements shall be made so that each full rest day may be had at such time or times as will not impair the efficiency of the department. This section shall not apply to villages to which s. 61.65 is applicable.

AB312, s. 19 Section 19. 62.13 (7n) of the statutes is amended to read:

AB312,10,20 62.13 (7n) Hours of labor. Except when a labor agreement under subch. IV of ch. 111 that governs hours of employment exists, the council of every 2nd, 3rd or 4th class city shall provide for a working day of not more than 8 hours in each 24 except in cases of positive necessity by some sudden and serious emergency, which, in the judgment of the chief of police, or the chief of the combined protective services department, demands that such workday shall be extended beyond the 8-hour period at such time; and, when such emergency ceases to exist, all overtime given during such emergency shall be placed to the credit of such police officer, or each subordinate designated as primarily a police officer under sub. (2e) (b), and compensatory time under s. 103.025 given therefor.

AB312, s. 20 Section 20. 62.13 (10m) of the statutes is amended to read:

AB312,11,2 62.13 (10m) Rules governing leaving city. Subject to approval of the common council the fire chief, or the chief of the combined protective services department, may establish rules requiring fire fighters, or each subordinate designated as primarily a fire fighter under sub. (2e) (b), to obtain permission before leaving the city.

AB312, s. 21 Section 21. 62.13 (11) of the statutes is amended to read:

AB312,11,13 62.13 (11) Fire fighters, rest day. The common council of every 4th class city, having a population of 5,000 or more and a fire department, or a combined protective services department, shall provide for, and the chief of the fire department or combined protective services department shall assign to each full paid member thereof of the fire department or subordinate designated as primarily a fire fighter under sub. (2e) (b), a period of 24 consecutive hours off duty during each 72 hours, except in cases of positive necessity by some sudden and serious fire, accident or other peril, which, in the judgment of the chief engineer or other officer in charge demands that the day of rest not be given at that time. The provisions of this section shall not apply to cities having a 2-platoon or double shift system.

AB312, s. 22 Section 22. 62.13 (12) of the statutes is amended to read:

AB312,11,18 62.13 (12) Legislative intent. Section 62.13 and chapter 589, laws of 1921, chapter 423, laws of 1923, and chapter 586, laws of 1911, shall be construed as an enactment of statewide concern for the purpose of providing a uniform regulation of police and, fire, and combined protective services departments.

AB312, s. 23 Section 23. 66.0925 (14) of the statutes is amended to read:

AB312,11,23 66.0925 (14) Construction. Nothing in this section shall be construed as relieving, modifying or interfering with the responsibilities for operating jails which are vested in sheriffs under s. 59.27 (1) and chiefs of police under s. 62.09 (13) (b) or chiefs of protective services departments under s. 62.13 (2e) (a) 1.

AB312, s. 24 Section 24. 111.70 (1) (a) of the statutes is amended to read:

AB312,12,23 111.70 (1) (a) "Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employees in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employee to perform law enforcement and fire fighting services under s. 60.553 (1), 61.66, or 62.13 (2e) (a), except as provided in sub. (4) (m) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employees under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employees in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employees by the constitutions of this state and of the United States and by this subchapter.

AB312, s. 25 Section 25. 425.2065 (1) of the statutes is amended to read:

AB312,13,4 425.2065 (1) In this section, "law enforcement agency" means the police department, combined protective services department under s. 60.553, 61.66, or 62.13 (2e), or sheriff, that has primary responsibility for providing police protection services in the city, village, or town in which a repossession is expected to occur.

AB312, s. 26 Section 26. 891.45 (1) (b) of the statutes is amended to read:

AB312,13,9 891.45 (1) (b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 60.553 (2), 61.66 (2), or 62.13 (2e) (b) and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

AB312, s. 27 Section 27. 891.455 (1) of the statutes is amended to read:

AB312,13,14 891.455 (1) In this section, "state, county, or municipal fire fighter" means a fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.

AB312, s. 28 Section 28. 951.01 (3f) of the statutes is amended to read:

AB312,13,17 951.01 (3f) "Fire department" includes a volunteer fire department and a department under s. 60.553 (1) (a), 61.66, or 62.13 (2e) (a) 1.

AB312, s. 29 Section 29. 990.01 (7g) of the statutes is amended to read:

AB312,13,20 990.01 (7g) Fire chief. "Fire chief" or "chief of a fire department" includes the chief of a department under s. 60.553 (1) (a), 61.66 , or 62.13 (2e) (a) 1.

AB312, s. 30 Section 30. 990.01 (7m) of the statutes is amended to read:

AB312,13,23 990.01 (7m) Fire department. "Fire department" includes a department under s. 60.553 (1) (a), 61.66, or 62.13 (2e) (a) 1.

AB312, s. 31 Section 31. 990.01 (7r) of the statutes is amended to read:

AB312,14,2 990.01 (7r) Fire fighter. "Fire fighter" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB312, s. 32 Section 32. 990.01 (28g) of the statutes is amended to read:

AB312,14,5 990.01 (28g) Police chief. "Police chief" or "chief of a police department" includes the chief of a department under s. 60.553 (1) (a), 61.66, or 62.13 (2e) (a) 1.

AB312, s. 33 Section 33. 990.01 (28m) of the statutes is amended to read:

AB312,14,8 990.01 (28m) Police department. "Police department" includes a department under s. 60.553 (1) (a), 61.66, or 62.13 (2e) (a) 1.

AB312, s. 34 Section 34. 990.01 (28r) of the statutes is amended to read:

AB312,14,11 990.01 (28r) Police officer. "Police officer" includes a person serving under s. 60.553, 61.66, or 62.13 (2e).

AB312,14,12 (End)