LRBs0188/1
EVM:kjf:rs
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 192
September 27, 2011 - Offered by Representative Pocan.
AB192-ASA1,1,4
1An Act to amend 62.13 (2s) (a); and
to create 59.28 (3), 60.55 (1) (c), 60.56 (1)
2(c), 61.65 (9), 62.13 (2s) (e), 62.13 (11m) and 62.50 (4m) of the statutes;
relating
3to: provision of police or fire protection services by a county sheriff or
4municipality.
Analysis by the Legislative Reference Bureau
Under current law, cities, villages, and towns (municipalities) and county
sheriffs are subject to varying requirements regarding the provision of police and fire
protection services. They are as follows:
1. A town board must provide fire protection services for the town and may
provide law enforcement services for the town or any portion of the town.
2. A village with a population of 5,500 or more must provide fire protection
services for the village. A village with a population of 5,000 or more must provide
police protection services for the village and a village with a population of less than
5,000 may provide police protection services.
3. A city must provide police and fire protection services for the city.
4. A county sheriff must provide law enforcement services for the county.
Also under current law, a city or village may, subject to certain requirements,
abolish its police department and contract with the county for the county sheriff to
provide police protection services for the city or village.
Under this substitute amendment, a municipality may not condition the
provision of fire or police protection services and a sheriff may not condition the
provision of law enforcement services to a person based on the person's payment of
a fee, charge, or tax. Also, a contract between a city or village and a county for the
county sheriff to provide law enforcement services for the city or village must require
that the county sheriff not condition the provision of police protection services to a
person in the city or village based on the person's payment of a fee, charge, or tax.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB192-ASA1,2,62
59.28
(3) The sheriff may not condition the provision of law enforcement
3services under sub. (1) to a person based on the person's payment of a fee, charge, or
4tax. This subsection does not affect the sheriff's authority to enter into a contract to
5provide law enforcement services in addition to that required under sub. (1) to a
6municipality.
AB192-ASA1,2,108
60.55
(1) (c) The town board may not condition the provision of fire protection
9under par. (a) to a person in any portion of the town based on the person's payment
10of a fee, charge, or tax.
AB192-ASA1,2,1512
60.56
(1) (c) The town board may not condition the provision of law enforcement
13services under par. (a) to a person in any portion of the town in which the town
14provides law enforcement service based on the person's payment of a fee, charge, or
15tax.
AB192-ASA1,3,217
61.65
(9) A village may not condition the provision of police or fire protection
18services under sub. (1) (a) or (2) (a) to a person in any portion of the village in which
1the village provides police or fire protection services based on the person's payment
2of a fee, charge, or tax.
AB192-ASA1,3,145
62.13
(2s) (a) Subject to pars. (b) to
(d) (e), a city may abolish its police
6department or combined protective services department if it enters into a contract
7with a county under s. 59.03 (2) (e) for the county sheriff to provide law enforcement
8services in all parts of the city. If the city is located in more than one county, it may
9not abolish its police department or combined protective services department under
10this paragraph unless the city enters into a contract under this paragraph with the
11county in which the greatest amount of the city's equalized value, population or
12territory is located. If a city that is located in more than one county enters into a
13contract with a county under this paragraph, the jurisdiction of the contracting
14county's sheriff and deputies includes the entire territory of the city.
AB192-ASA1, s. 6
15Section
6. 62.13 (2s) (e) of the statutes is created to read:
AB192-ASA1,3,1916
62.13
(2s) (e) A contract that is entered into under this subsection shall specify
17that the county sheriff may not condition the provision of law enforcement services
18under the contract to a person in the city based on the person's payment of a fee,
19charge, or tax.
AB192-ASA1,3,2321
62.13
(11m) Provision of police and fire protection services. A city may not
22condition the provision of police or fire protection services under this section to a
23person in the city based on the person's payment of a fee, charge, or tax.
AB192-ASA1,4,3
162.50
(4m) Provision of police and fire protection services. A 1st class city
2may not condition the provision of police or fire protection services under this section
3to a person in the city based on the person's payment of a fee, charge, or tax.
