Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB868 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 868
5	5	January 2, 2024 - Introduced by Representatives CLANCY, MADISON, RATCLIFF, J.
6	6	ANDERSON, BALDEH, CONSIDINE, DRAKE, JOERS, NEUBAUER, PALMERI and SINICKI,
7	7	cosponsored by Senators LARSON, ROYS and SPREITZER. Referred to Committee
8	8	on Government Accountability and Oversight.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 59.90, 62.50 (1j), 62.90, 77.70 (2) (c), 77.701 (2) (c), 77.701 (3),
11	11	79.039 (1) and 79.039 (1m); and to amend 62.50 (1h), 62.50 (1m), 62.50 (3)
12	12	(title), 62.50 (3) (a), 62.50 (3) (am) and 66.1105 (2) (f) 2. e. of the statutes;
13	13	relating to: eliminating and modifying certain provisions enacted under 2023
14	14	Act 12 regarding the city of Milwaukee and Milwaukee County.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill eliminates or modifies the following provisions enacted under 2023 Act
17	17	12:
18	18	County sales tax; unfunded retirement system liability
19	19	1. Current law allows a county in which a city of the first class is located
20	20	(Milwaukee County) to adopt a sales tax at the rate of 0.4 percent to pay the unfunded
21	21	actuarial accrued liability of the county's retirement system. Beginning in 2026,
22	22	current law requires a county that imposes the tax to annually submit a report to the
23	23	Joint Committee on Finance containing detailed information on the county's
24	24	expenditures in the previous year from the sales tax revenues. The bill eliminates
25	25	that reporting requirement.
26	26	2. In addition, the county must comply with other provisions and restrictions
27	27	under current law. For example, the total amount of the county's budgeted
28	28	expenditures related to cultural or entertainment matters may not be greater than
29	29	5 percent of the total amount of budgeted expenditures for the budget period. In
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36	36	ASSEMBLY BILL 868
37	37	addition, the county board may enact an ordinance or adopt a resolution that
38	38	includes new program spending or increases the number of county positions only
39	39	upon a two-thirds vote of all of the members of the board. Current law also requires
40	40	the county to identify all buildings that the county has authority to sell and that are
41	41	not being used by the county and prepare a plan for the use or sale of these buildings.
42	42	The county must then submit that plan to the Joint Committee on Finance. The bill
43	43	eliminates these and similar provisions that apply only to the county.
44	44	First class city sales tax; unfunded retirement system liability
45	45	1. Current law allows a city of the first class (Milwaukee) to adopt a sales tax
46	46	at the rate of 2 percent to pay the unfunded actuarial accrued liability of the city's
47	47	retirement system. Current law requires the city, beginning in 2026, to annually
48	48	submit a report to the Joint Committee on Finance containing detailed information
49	49	on the city's expenditures in the previous year from the sales tax revenues, including
50	50	expenditures and staffing levels related to law enforcement, fire protection, and
51	51	other public safety measures. The bill eliminates this reporting requirement.
52	52	2. In addition, the city must comply with other provisions and restrictions
53	53	under current law. For example, the total amount of the city's budgeted expenditures
54	54	related to cultural or entertainment matters may not be greater than 5 percent of the
55	55	total amount of budgeted expenditures for the budget period. In addition, the city's
56	56	common council may enact an ordinance or adopt a resolution that includes new
57	57	program spending or increases the number of city positions only upon a two-thirds
58	58	vote of all of the members of the common. Current law also requires the city to
59	59	maintain a level of law enforcement and fire protective and emergency medical
60	60	service that is at least equivalent to that provided in the city in the previous year.
61	61	Along with these restrictions and requirements, the city is prohibited from using
62	62	moneys raised by levying taxes for developing, operating, or maintaining a rail fixed
63	63	guideway transportation system or funding any position for which the principal
64	64	duties consist of promoting individuals or groups on the basis of their race, color,
65	65	ancestry, national origin, or sexual orientation. The bill eliminates these and similar
66	66	provisions that apply only to the city.
67	67	Fire and police commission
68	68	This bill authorizes the fire and police commission of a first class city to
69	69	prescribe general policies and standards for the police and fire departments and to
70	70	prescribe rules for the government of the members of the departments. Under
71	71	current law, the chief of each police and fire department has authority for the control
72	72	and management of those departments. In addition, current law provides that the
73	73	policies established by the chiefs for the control and management of the departments
74	74	may be modified or suspended by a two-thirds vote of the city's common council.
75	75	For further information see the state and local fiscal estimate, which will be
76	76	printed as an appendix to this bill.
77	77	The people of the state of Wisconsin, represented in senate and assembly, do
78	78	enact as follows: - 3 -2023 - 2024 Legislature
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81	81	SECTION 1
82	82	ASSEMBLY BILL 868
83	83	SECTION 1. 59.90 of the statutes, as created by 2023 Wisconsin Act 12, is
84	84	repealed.
85	85	SECTION 2. 62.50 (1h) of the statutes, as affected by 2023 Wisconsin Act 12, is
86	86	amended to read:
87	87	62.50 (1h) ORGANIZATION. In all 1st class cities, however incorporated, there
88	88	shall be a board of fire and police commissioners, consisting of either 7 or 9 citizens,
89	89	not more than 3, if the board has 7 members, or 4, if the board has 9 members, of
90	90	whom shall at any time belong to the same political party. At least one member of
91	91	the board shall be selected from a list submitted under sub. (1j) by the employee
92	92	association that represents nonsupervisory law enforcement officers and at least one
93	93	member shall be selected from a list submitted under sub. (1j) by the employee
94	94	association that represents fire fighters. For an appointment that is required to be
95	95	selected from a list under this subsection, the mayor shall make the appointment
96	96	within 45 days after receiving a list under sub. (1j). The staff and members of the
97	97	board shall receive the salary or other compensation for their services fixed by the
98	98	common council. The salary shall be fixed at the same time and in the same manner
99	99	as the salary of other city officials and employees. Except as otherwise provided in
100	100	this subsection, a majority of the members-elect, as that term is used in s. 59.001
101	101	(2m), of the board shall constitute a quorum necessary for the transaction of
102	102	business. A 3-member panel of the board may conduct, and decide by majority vote,
103	103	a trial described under sub. (12) or may hear and decide, by majority vote, charges
104	104	filed by an aggrieved person under sub. (19). It shall be the duty of the mayor of the
105	105	city, on or before the 2nd Monday in July, to appoint 7, or 9, members of the board,
106	106	designating the term of office of each, one to hold one year, 2 to hold 2 years, 2 to hold
107	107	3 years, one to hold 4 years if the board has 7 members, and 2 to hold 4 years if the
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134	134	SECTION 2 ASSEMBLY BILL 868
135	135	board has 9 members, and one to hold 5 years if the board has 7 members, and 2 to
136	136	hold 5 years if the board has 9 members, and until their respective successors shall
137	137	be appointed and qualified. Thereafter the terms of office shall be 5 years from the
138	138	2nd Monday in July, and until a successor is appointed and qualified. The mayor may
139	139	reduce the size of the board from 9 to 7 members by failing to appoint 2 successors
140	140	for individuals whose terms expire at the same time. Every person appointed a
141	141	member of the board shall be subject to confirmation by the common council and
142	142	every appointed member shall, before entering upon the duties of the office take and
143	143	subscribe the oath of office prescribed by article IV, section 28, of the constitution, and
144	144	file the same duly certified by the officer administering it, with the clerk of the city.
145	145	A member of the board may not continue in office after the expiration of his or her
146	146	term unless the member is reappointed to the board and confirmed by the common
147	147	council. Not later than the first day of the 7th month beginning after a member
148	148	appointed by the mayor is confirmed by the common council, the member shall enroll
149	149	in a training class that is related to the mission of the board and, not later than the
150	150	first day of the 13th month beginning after a member appointed by the mayor is
151	151	confirmed by the common council, the member shall complete the class. The training
152	152	class shall be conducted by the city. Appointments made prior to the time this
153	153	subchapter first applies to a 1st class city shall not be subject to confirmation by the
154	154	common council.
155	155	SECTION 3. 62.50 (1j) of the statutes, as created by 2023 Wisconsin Act 12, is
156	156	repealed.
157	157	SECTION 4. 62.50 (1m) of the statutes, as affected by 2023 Wisconsin Act 12, is
158	158	amended to read:
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185	185	SECTION 4
186	186	ASSEMBLY BILL 868
187	187	62.50 (1m) POLICY REVIEW. The board shall conduct at least once each year a
188	188	policy review of all aspects of the operations of the police and fire departments of the
189	189	city and may advise the common council regarding any recommended policy changes.
190	190	The board may prescribe general policies and standards for the department and
191	191	inspect any property of the departments, including but not limited to books and
192	192	records, required for a review under this section.
193	193	SECTION 5. 62.50 (3) (title) of the statutes, as affected by 2023 Wisconsin Act
194	194	12, is amended to read:
195	195	62.50 (3) (title) REGULATION OF THE DEPARTMENTS RULES.
196	196	SECTION 6. 62.50 (3) (a) of the statutes, as affected by 2023 Wisconsin Act 12,
197	197	is amended to read:
198	198	62.50 (3) (a) The chief of each department shall establish policies relating to
199	199	the control and management board may prescribe rules for the government of the
200	200	members of each department and may delegate its rule-making authority to the
201	201	chief of each department. The board shall prescribe a procedure for review,
202	202	modification and suspension of any rule which is prescribed by the chief, including
203	203	any rule which is in effect on March 28, 1984.
204	204	SECTION 7. 62.50 (3) (am) of the statutes, as affected by 2023 Wisconsin Act 12,
205	205	is amended to read:
206	206	62.50 (3) (am) The common council may suspend or modify any policy
207	207	established any rule prescribed by the board under par. (a) only upon a two-thirds
208	208	vote of all of the members of the common council.
209	209	SECTION 8. 62.90 of the statutes, as created by 2023 Wisconsin Act 12, is
210	210	repealed.
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236	236	SECTION 9 ASSEMBLY BILL 868
237	237	SECTION 9. 66.1105 (2) (f) 2. e. of the statutes, as affected by 2023 Wisconsin
238	238	Act 12, is amended to read:
239	239	66.1105 (2) (f) 2. e. For a tax incremental district in the city of Milwaukee, direct
240	240	or indirect expenses related to developing, constructing, or operating a rail fixed
241	241	guideway transportation system, as defined in s. 85.066 (1), in the city of Milwaukee.
242	242	This subd. 2. e. does not apply to the development or construction of a rail fixed
243	243	guideway transportation system route traversing Clybourn Street and Michigan
244	244	Street, referred to as the “Lakefront Line.”
245	245	SECTION 10. 77.70 (2) (c) of the statutes, as created by 2023 Wisconsin Act 12,
246	246	is repealed.
247	247	SECTION 11. 77.701 (2) (c) of the statutes, as created by 2023 Wisconsin Act 12,
248	248	is repealed.
249	249	SECTION 12. 77.701 (3) of the statutes, as created by 2023 Wisconsin Act 12, is
250	250	repealed.
251	251	SECTION 13. 79.039 (1) of the statutes, as created by 2023 Wisconsin Act 12, is
252	252	repealed.
253	253	SECTION 14. 79.039 (1m) of the statutes, as created by 2023 Wisconsin Act 12,
254	254	is repealed.
255	255	(END)
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