AB245: Bill Text Engrossed

AB245-engrossed,,99 62.13 (2) (b) A city that creates a joint police or fire department with a village under sub. (1m) and s. 61.65 is not required to create a separate board of police and fire commissioners under this section. The city shall create a joint board of commissioners to govern the joint department, as required in s. 61.65. If the city also creates one separate protective services department in addition to the joint protective services department, the city shall create a separate board of commissioners to govern that department. A city’s joint board of commissioners is subject to s. 61.65 (3g) (d). A city’s separate board of commissioners is subject to this section.

AB245-engrossed,34 Section 34. 62.13 (2m) (title) of the statutes is renumbered 62.13 (1m) (title) and amended to read:

AB245-engrossed,,101 62.13 (1m) (title) Joint departments, contract services.

AB245-engrossed,35 Section 35. 62.13 (2m) (a) of the statutes is renumbered 62.13 (1m) and amended to read:

AB245-engrossed,,103 62.13 (1m) A city may create a joint police department or a joint fire department, or both, with another city, village, or town.

AB245-engrossed,36 Section 36. 62.13 (2m) (b) of the statutes is renumbered 62.13 (2) (c) and amended to read:

AB245-engrossed,,105 62.13 (2) (c) A city that creates a joint police department or a joint fire department, or both, with another city under par. (a) sub. (1m) is not required to create a separate board of police and fire commissioners under this section. The cities shall create a joint board of commissioners to govern the joint department. If only one joint department is created, each city shall retain its existing board of police and fire commissioners to govern the separate department. The cities may jointly determine the number of commissioners to be appointed to the joint board by each city and the length of the commissioners’ terms. A majority of the commissioners is a quorum. A joint board of commissioners that is created under this paragraph to govern a joint police department is subject to the provisions of subs. (3) to (7n), a joint board of commissioners that is created under this paragraph to govern a joint fire department is subject to the provisions of subs. (8) to (12) and a joint board of commissioners that is created under this paragraph to govern a joint police and fire department is subject to the provisions of subs. (2) to (12).

AB245-engrossed,37 Section 37. 62.50 (1h) of the statutes is amended to read:

AB245-engrossed,,107 62.50 (1h) Organization. In all 1st class cities, however incorporated, there shall be a board of fire and police commissioners, consisting of either 7 or 9 citizens, not more than 3, if the board has 7 members, or 4, if the board has 9 members, of whom shall at any time belong to the same political party. At least one member of the board shall be selected from a list submitted under sub. (1j) by the employee association that represents nonsupervisory law enforcement officers and at least one member shall be selected from a list submitted under sub. (1j) by the employee association that represents fire fighters. For an appointment that is required to be selected from a list under this subsection, the mayor shall make the appointment within 45 days after receiving a list under sub. (1j). The staff and members of the board shall receive the salary or other compensation for their services fixed by the common council. The salary shall be fixed at the same time and in the same manner as the salary of other city officials and employees. Except as otherwise provided in this subsection, a majority of the members-elect, as that term is used in s. 59.001 (2m), of the board shall constitute a quorum necessary for the transaction of business. A 3-member panel of the board may conduct, and decide by majority vote, a trial described under sub. (12) or may hear and decide, by majority vote, charges filed by an aggrieved person under sub. (19). It shall be the duty of the mayor of the city, on or before the 2nd Monday in July, to appoint 7, or 9, members of the board, designating the term of office of each, one to hold one year, 2 to hold 2 years, 2 to hold 3 years, one to hold 4 years if the board has 7 members, and 2 to hold 4 years if the board has 9 members, and one to hold 5 years if the board has 7 members, and 2 to hold 5 years if the board has 9 members, and until their respective successors shall be appointed and qualified. Thereafter the terms of office shall be 5 years from the 2nd Monday in July, and until a successor is appointed and qualified. The mayor may reduce the size of the board from 9 to 7 members by failing to appoint 2 successors for individuals whose terms expire at the same time. Every person appointed a member of the board shall be subject to confirmation by the common council and every appointed member shall, before entering upon the duties of the office take and subscribe the oath of office prescribed by article IV, section 28, of the constitution, and file the same duly certified by the officer administering it, with the clerk of the city. A member of the board may not continue in office after the expiration of his or her term unless the member is reappointed to the board and confirmed by the common council. Not later than the first day of the 7th month beginning after a member appointed by the mayor is confirmed by the common council, the member shall enroll in a training class that is related to the mission of the board and, not later than the first day of the 13th month beginning after a member appointed by the mayor is confirmed by the common council, the member shall complete the class. The training class shall be conducted by the city. Appointments made prior to the time this subchapter first applies to a 1st class city shall not be subject to confirmation by the common council.

AB245-engrossed,37m Section 37m. 62.50 (1j) of the statutes is created to read:

AB245-engrossed,,109 62.50 (1j) Selection of certain board members. Lists of individuals submitted under sub. (1h) by the employee association that represents nonsupervisory law enforcement officers and the employee association that represents fire fighters for selection shall each contain 3 names. Individuals included in a list under this subsection by an employee association that represents nonsupervisory law enforcement officers or fire fighters shall have professional law enforcement experience or professional fire fighting experience, respectively, and shall be at least 5 years removed from service as a professional law enforcement officer or fire fighter, respectively. Individuals included in a list under this subsection shall be residents of the 1st class city and may not be currently employed by the 1st class city. A list under this subsection shall be provided not more than 3 months after the occurrence of a vacancy in a position to be filled by selection from a list under this subsection.

AB245-engrossed,38 Section 38. 62.50 (1m) of the statutes is amended to read:

AB245-engrossed,,111 62.50 (1m) Policy review. The board shall conduct at least once each year a policy review of all aspects of the operations of the police and fire departments of the city. The board may prescribe general policies and standards for the departments and may advise the common council regarding any recommended policy changes. board may inspect any property of the departments, including but not limited to books and records, required for a review under this section.

AB245-engrossed,39 Section 39. 62.50 (3) (title) of the statutes is repealed and recreated to read:

AB245-engrossed,,113 62.50 (3) (title) Regulation of the departments.

AB245-engrossed,40 Section 40. 62.50 (3) (a) of the statutes is amended to read:

AB245-engrossed,,115 62.50 (3) (a) The board may prescribe rules for the government of the members chief of each department shall establish policies relating to the control and management of each department and may delegate its rule-making authority to the chief of each department. The board shall prescribe a procedure for review, modification and suspension of any rule which is prescribed by the chief, including, but not limited to, any rule which is in effect on March 28, 1984.

AB245-engrossed,41 Section 41. 62.50 (3) (am) of the statutes is amended to read:

AB245-engrossed,,117 62.50 (3) (am) The common council may suspend or modify any rule prescribed by the board policy established under par. (a) only upon a two-thirds vote of all of the members of the common council.

AB245-engrossed,42 Section 42. 62.623 (1) of the statutes is amended to read:

AB245-engrossed,,119 62.623 (1) Beginning on July 1, 2011, in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in sub. subs. (2), and (3) employees shall pay all employee required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee’s share of the required contributions.

AB245-engrossed,43 Section 43. 62.623 (3) of the statutes is created to read:

AB245-engrossed,,121 62.623 (3) In any employee retirement system of a 1st class city that is located in a county with a population of more than 750,000 and that has elected to become a participating employer in the Wisconsin Retirement System under s. 40.21 (1), except as otherwise provided in sub. (2), irrespective of the funding status of the retirement system, the employer shall pay the remaining balance of actuarially determined normal cost contributions each year that is not covered by the employee contributions.

AB245-engrossed,44 Section 44. 62.625 of the statutes is created to read:

AB245-engrossed,,123 62.625 Amortization period for employer contributions. Notwithstanding any provision of law or actuarial rule, beginning on January 1, 2024, in any retirement system of a 1st class city, the required annual employer contribution shall be calculated using not more than a 30-year amortization period and an annual investment return assumption that is the same as or less than the annual investment return assumption used by the Wisconsin Retirement System for participating employees, as defined in s. 40.02 (46). Future unfunded actuarial accrued liability due to factors such as market returns and standard actuarial practices may be amortized on the basis of standard actuarial practices. The amortization period and investment return assumptions in this section shall supersede any amortization period and investment return assumption adopted by the actuary or retirement board of the retirement system of the city. No trustee or administrator of a retirement system of a 1st class city shall be subject to liability for complying with this section.

AB245-engrossed,45 Section 45. 62.90 of the statutes is created to read:

AB245-engrossed,,125 62.90 Provisions applicable to certain cities with special sales tax authority. All of the following apply to a 1st class city:

AB245-engrossed,,126 (1) With regard to the budget of the 1st class city, all of the following apply:

AB245-engrossed,,127 (a) The total amount of budgeted expenditures related to cultural or entertainment matters or involving partnerships with nonprofit groups, other than a charter school authorized by the common council of the city of Milwaukee under s. 118.40, may not be greater than 5 percent of the total amount of budgeted expenditures for the budget period.

AB245-engrossed,,128 (b) When each department of the 1st class city prepares an estimate of the department’s needs for the ensuing fiscal period, it shall also provide a proposal to reduce the department’s budget for the ensuing fiscal period by an amount equal to a total of 5 percent of the department’s base level for its budget for the current fiscal period.

AB245-engrossed,,129 (2) The common council may enact an ordinance or adopt a resolution that includes new program spending only upon a two-thirds vote of all of the members of the common council. This subsection does not apply to a program that is intended to reduce expenditures or consolidate or reorganize existing services into a different administrative structure without increasing expenditures. This subsection does not apply if the city is not imposing a tax under s. 77.701 (1).

AB245-engrossed,,130 (3) The common council may enact an ordinance or adopt a resolution that increases the total number of positions in the city only upon a two-thirds vote of all of the members of the common council. This subsection does not apply if the city is not imposing a tax under s. 77.701 (1).

AB245-engrossed,,131 (4) The 1st class city may not use moneys raised by levying taxes for any of the following:

AB245-engrossed,,132 (a) Developing, operating, or maintaining a rail fixed guideway transportation system, as defined in s. 85.066 (1).

AB245-engrossed,,133 (b) Funding any position for which the principal duties consist of promoting individuals or groups on the basis of their race, color, ancestry, national origin, or sexual orientation.

AB245-engrossed,,134 (5) (a) The 1st class city shall maintain a level of law enforcement and fire protective and emergency medical service that is at least equivalent to that provided in the 1st class city in the previous year, as measured by the number of full-time equivalent law enforcement officers, as defined in s. 165.85 (2) (c), employed by the 1st class city and the daily staffing level of the paid fire department, as defined in s. 213.10 (1g), not including law enforcement officers or fire fighters whose positions are funded by grants received from the state or federal government. The 1st class city may use any reasonable method of estimating the number of full-time equivalent law enforcement officers employed by the 1st class city and the daily staffing level of the paid fire department for the year, but may consider only positions that are actually filled.

AB245-engrossed,,135 (b) In any year in which moneys available under s. 77.701 (2) (c) are available for expenditure under this paragraph, the 1st class city shall use the moneys to increase or maintain the number of law enforcement officers, as defined in s. 165.85 (2) (c), or the daily staffing level of the paid fire department. This paragraph does not apply in any year after the 1st class city employs 1,725 law enforcement officers, including 175 detectives, and maintains a daily staffing level not fewer than 218 members of the paid fire department.

AB245-engrossed,,136 (c) Section 66.0608 (2m) applies to the 1st class city.

AB245-engrossed,,137 (6) The 1st class city shall obtain an independent audit of its office of violence prevention and shall submit the results of that audit to the legislature in the manner provided under s. 13.172 (2).

AB245-engrossed,,138 (7) The 1st class city shall identify all buildings that the 1st class city has the authority to sell and that are not being used by the 1st class city and prepare a plan for the use or sale of these buildings. The city shall submit that plan to the joint committee on finance in the manner provided under s. 13.172 (2).

AB245-engrossed,,139 (8) Beginning January 1, 2024, the school board of the 1st class city school district that is located in the 1st class city shall ensure that not fewer than 25 school resource officers are present at schools within the school district during normal school hours and that school resource officers are available during before-school and after-school care, extracurricular activities, and sporting events as needed. In addition, beginning January 1, 2024, the school board of the 1st class city school district that is located in the 1st class city shall ensure that the school resource officers complete the 40-hour course sponsored by the National Association of School Resource Officers. Beginning in the 2025-26 school year, the school board of the 1st class city school district that is located in the 1st class city shall consider the statistics it receives under s. 118.124 (3) (a) when deciding at which schools to place school resource officers required under this subsection. The 1st class city school district and the 1st class city shall agree to an apportionment of the costs of meeting the requirements of this subsection. In this subsection, “law enforcement officer” means a person who is employed by the state or a political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce, and “school resource officer” means a law enforcement officer who is deployed in community-oriented policing and assigned by the law enforcement agency, as defined in s. 165.83 (1) (b), that employs him or her to work in a full-time capacity in collaboration with a school district.

AB245-engrossed,46 Section 46. 66.0144 of the statutes is created to read:

AB245-engrossed,,141 66.0144 Advisory referenda. No city, village, or town may conduct a referendum for advisory purposes, except for an advisory referendum regarding capital expenditures proposed to be funded by the property tax levy of the city, village, or town.

AB245-engrossed,47 Section 47. 66.0145 of the statutes is created to read:

AB245-engrossed,,143 66.0145 No preferences in hiring or contracting. (1) In this section, “political subdivision” means a county, city, village, or town.

AB245-engrossed,,144 (2) Unless required to secure federal aid, no political subdivision may discriminate against, or grant preferential treatment on the basis of, race, color, ancestry, national origin, or sexual orientation in making employment decisions regarding employees of a political subdivision or contracting for public works.

AB245-engrossed,48 Section 48. 66.0435 (3) (c) 1. (intro.) of the statutes is amended to read:

AB245-engrossed,,146 66.0435 (3) (c) 1. (intro.) In addition to the license fee provided in pars. (a) and (b), each licensing authority shall collect from each unit occupying space or lots in a community in the licensing authority, except from recreational mobile homes as provided under par. (cm), from manufactured and mobile homes that constitute improvements to real property under s. 70.043 (1), from recreational vehicles as defined in s. 340.01 (48r), and from camping trailers as defined in s. 340.01 (6m), a monthly municipal permit fee computed as follows:

AB245-engrossed,49 Section 49. 66.0435 (3) (g) of the statutes is amended to read:

AB245-engrossed,,148 66.0435 (3) (g) Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under chs. 70 and 74.

AB245-engrossed,50 Section 50. 66.0435 (9) of the statutes is amended to read:

AB245-engrossed,,150 66.0435 (9) Municipalities; monthly municipal permit fees on recreational mobile homes and recreational vehicles. A licensing authority may assess monthly municipal permit fees at the rates under this section on recreational mobile homes and recreational vehicles, as defined in s. 340.01 (48r), except recreational mobile homes and recreational vehicles that are located in campgrounds licensed under s. 97.67, recreational mobile homes that constitute improvements to real property under s. 70.043 (1), and recreational mobile homes or recreational vehicles that are located on land where the principal residence of the owner of the recreational mobile home or recreational vehicle is located, regardless of whether the recreational mobile home or recreational vehicle is occupied during all or part of any calendar year.

AB245-engrossed,51 Section 51. 66.0441 of the statutes is created to read:

AB245-engrossed,,152 66.0441 Quarries extracting certain nonmetallic minerals. (1) Construction. (a) Nothing in this section may be construed to affect the authority of a political subdivision to regulate land use for a purpose other than quarry operations.

AB245-engrossed,,153 (b) Subject to pars. (c) and (d), nothing in this section may be construed to exempt a quarry from a regulation of general applicability placed by a political subdivision that applies to other property in the political subdivision that is not a quarry unless the regulation is inconsistent with this section.

AB245-engrossed,,154 (c) Nothing in this section may be construed to exempt a quarry from the application, outside of a nonmetallic mining licensing permit, of a requirement imposed by a political subdivision under ch. 349, a regulation of general applicability placed by a political subdivision that regulates access to property from roads for which the political subdivision is the maintaining authority, or a restriction on the use of roads for which the political subdivision is the maintaining authority.

AB245-engrossed,,155 (d) Nothing in this section may be construed to exempt a quarry from a restriction placed by a political subdivision regulating a nonconforming use under s. 59.69 (10), 60.61 (5), or 62.23 (7).

AB245-engrossed,,156 (2) Definitions. In this section:

AB245-engrossed,,157 (a) “Active quarry” means a quarry that has operated during the preceding 12-month period.

AB245-engrossed,,158 (am) “Conditional use permit” means a form of approval, including a special exception or other special zoning permission, granted by a political subdivision pursuant to a zoning ordinance for the operation of a quarry.

AB245-engrossed,,159 (b) “Nonmetallic mining licensing ordinance” means an ordinance that is enacted by a political subdivision specifically regulating the operation of a quarry and that is not enacted pursuant to zoning authority.

AB245-engrossed,,160 (c) “Nonmetallic mining licensing permit” means a form of approval that is granted by a political subdivision pursuant to a nonmetallic mining licensing ordinance and that is specifically related to the operation of a quarry.

AB245-engrossed,,161 (d) “Permit” means a form of approval granted by a political subdivision for the operation of a quarry.

AB245-engrossed,,162 (e) “Political subdivision” means a city, village, town, or county.

AB245-engrossed,,163 (f) “Public works project” means a federal, state, county, or municipal project that involves the construction, maintenance, or repair of a public transportation facility or other public infrastructure and in which nonmetallic minerals are used.

AB245-engrossed,,164 (g) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used primarily for a public works project or a private construction or transportation project are extracted and processed.

AB245-engrossed,,165 (h) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

AB245-engrossed,,166 (2m) Effective dates of certain ordinances. For purposes of sub. (3) (a) 3., the date on which a town or county enacts a zoning ordinance that requires a conditional use permit for a quarry operator to conduct quarry operations is the date the ordinance becomes effective, except as follows:

AB245-engrossed,,167 (a) If a town that previously did not have a general zoning ordinance enacts a general zoning ordinance requiring a conditional use permit to conduct quarry operations and the town ceases to be covered by a county general zoning ordinance that required a conditional use permit to conduct quarry operations, a conditional use permit for a quarry in effect at the time of the transition from county zoning to town zoning shall continue in effect and the conditional use permit shall be treated as if it was originally issued by the town. For purposes of a conditional use permit subject to this paragraph, the date of the adoption of the town ordinance shall be deemed to be the date the conditional use permit was issued by the county but only with respect to requirements that were included in the county ordinance on the date the conditional use permit was issued and that were adopted in the town ordinance.

AB245-engrossed,,168 (b) If a town that has a general zoning ordinance requiring a conditional use permit to conduct quarry operations repeals its zoning ordinance and becomes subject to a county general zoning ordinance under s. 59.69 (5) (c) and the county zoning ordinance requires a conditional use permit to conduct quarry operations, a conditional use permit for a quarry in effect at the time of the transition from town zoning to county zoning shall continue in effect and the conditional use permit shall be treated as if it was originally issued by the county. For purposes of a conditional use permit subject to this paragraph, the date of the adoption of the county ordinance shall be deemed to be the date the conditional use permit was issued by the town but only with respect to requirements that were included in the town ordinance on the date the conditional use permit was issued and that were adopted in the county ordinance.

AB245-engrossed,,169 (3) Limitations on local regulation. (a) Permits. 1. In this paragraph, “substantial evidence” means facts and information, other than merely personal preference or speculation, directly pertaining to the requirements that an applicant must meet to obtain a nonmetallic mining licensing permit and that a reasonable person would accept in support of a conclusion.

AB245-engrossed,,170 2. Consistent with the requirements and limitations in this subsection, except as provided in subd. 3., a political subdivision may require a quarry operator to obtain a conditional use permit or nonmetallic mining licensing permit to conduct quarry operations.

AB245-engrossed,,171 3. A political subdivision may not require a quarry operator of an active quarry to obtain a conditional use permit or nonmetallic mining licensing permit to conduct quarry operations unless prior to the establishment of quarry operations the political subdivision enacts an ordinance that requires the permit. A political subdivision that requires a quarry operator to obtain a nonmetallic mining licensing permit under this subdivision may not impose a requirement in the nonmetallic mining licensing permit pertaining to any matter regulated by an applicable zoning ordinance or addressed through conditions imposed or agreed to in a previously issued and effective conditional use permit. Any requirement imposed in a nonmetallic mining licensing permit shall be related to the purpose of the ordinance requiring the nonmetallic mining licensing permit and shall be based on substantial evidence. The duration of a nonmetallic mining licensing permit may not be shorter than 5 years.

AB245-engrossed,,172 (b) Applicability of local limit. If a political subdivision enacts a nonmetallic mining licensing ordinance requirement regulating the operation of a quarry that was not in effect when quarry operations began at an active quarry, the ordinance requirement does not apply to that quarry or to land that is contiguous to the land on which the quarry is located, if the contiguous land has remained continuously under common ownership, leasehold, or control with land on which the quarry is located from the time the ordinance was enacted; can be shown to have been intended for quarry operations prior to the enactment of the ordinance; and is located in the same political subdivision.

AB245-engrossed,,173 (c) Hours of operation. A political subdivision may not limit the times, including days of the week, that quarry operations may occur if the materials produced by the quarry will be used in a public works project that requires construction work to be performed during the night or an emergency repair.

AB245-engrossed,,174 (d) Blasting. 1. In this paragraph, “affected area” means an area within a certain radius of a blasting site that may be affected by a blasting operation, as determined using a formula established by the department of safety and professional services by rule that takes into account a scaled-distance factor and the weight of explosives to be used.

AB245-engrossed,,175 2. Except as provided under subds. 3. and 4. and s. 101.02 (7y), a political subdivision may not limit blasting at a quarry.

AB245-engrossed,,176 3. A political subdivision may require the operator of a quarry to do any of the following:

AB245-engrossed,,177 a. Before beginning a blasting operation at the quarry, provide notice of the blasting operation to each political subdivision in which any part of the quarry is located and to owners of dwellings or other structures within the affected area.

AB245-engrossed,,178 b. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a building survey of any dwellings or other structures within the affected area.

AB245-engrossed,,179 c. Before beginning a blasting operation at the quarry, cause a 3rd party to conduct a survey of and test any wells within the affected area.

AB245-engrossed,,180 d. Provide evidence of insurance to each political subdivision in which any part of the quarry is located.

AB245-engrossed,,181 e. Provide copies of blasting logs to each political subdivision in which any part of the quarry is located.

AB245-engrossed,,182 f. Provide maps of the affected area to each political subdivision in which any part of the quarry is located.

AB245-engrossed,,183 g. Provide copies of any reports submitted to the department of safety and professional services relating to blasting at the quarry.

AB245-engrossed,,184 4. A political subdivision may suspend a permit for a violation of the requirements under s. 101.15 relating to blasting and rules promulgated by the department of safety and professional services under s. 101.15 (2) (e) relating to blasting only if the department of safety and professional services determines that a violation of the requirements or rules has occurred and only for the duration of the violation as determined by the department of safety and professional services.

AB245-engrossed,,185 5. Nothing in this section exempts a quarry operator from applicable limitations on the time of day during which blasting activities may be conducted that are imposed by rules promulgated by the department of safety and professional services.

AB245-engrossed,,186 (e) Quarry permit requirements. 1. A political subdivision may not add a condition to a permit during the duration of the permit unless the permit holder consents.

AB245-engrossed,,187 2. If a political subdivision requires a quarry to comply with another political subdivision’s ordinance as a condition for obtaining a permit, the political subdivision that grants the permit may not require the quarry operator to comply with a provision of the other political subdivision’s ordinance that is enacted after the permit is granted and while the permit is in effect.