SB491: Bill Text

The bill is in response to concerns that if library services are shared or consolidated and cost savings result, meeting the current 3-year average funding requirement may not be possible even when there has been no loss of service to library patrons.

CESA and Technical College Districts [Sections 1 to 4 and 13 to 22]

Currently, the stated statutory purpose of cooperative educational service agencies (CESAs) is to serve as a link between school districts and between school districts and the state. The bill expands the statutory purpose of CESAs to include serving as a link between school districts and technical college districts.

The bill directs the department of education (DOE) to reorganize the 12 CESAs into 15 CESAs, effective July 1, 1997. Each reorganized CESA is coterminous with a technical college district, except that reorganized CESA no. 5 is coterminous with the territory of 2 technical college districts. The school board of a school district that is located in more than one technical college district must select the reorganized CESA in which the school district will participate. The current provision which allows a school district by petition to DOE to transfer from one CESA to another is repealed.

Under the bill, the reorganized CESAs and their coterminous technical college districts (with location of main campus) are: CESA no. 1-Gateway (Kenosha); CESA no. 2-Blackhawk (Janesville); CESA no. 3-Southwest (Fennimore); CESA no. 4-Madison; CESA no. 5-Waukesha and Milwaukee; CESA no. 6-Moraine Park (Fond du Lac); CESA no. 7-Lakeshore (Cleveland); CESA no. 8-Fox Valley (Appleton); CESA no. 9-Mid-state (Wisconsin Rapids); CESA no. 10-Western (La Crosse); CESA no. 11-Chippewa Valley (Eau Claire); CESA no. 12-North Central (Wausau); CESA no. 13-Northeast (Green Bay); CESA no. 14-Nicolet (Rhinelander); and CESA no. 15-Indianhead (Shell Lake).

The bill adds 2 members, increasing membership from 9 to 11, to each technical college district board: one member of the board of control of the CESA that is located in the district and one employe of a school district or CESA who represents a school-to-work program. Both are appointed by the board of control.

The bill also adds members to each CESA board of control: one member of the board of each technical college district located in the CESA and a representative of each University of Wisconsin System institution and center that is located in the CESA. Under current law, an annual convention of representatives of school boards within the CESA region determines the number of members on the CESA board of control.

The bill contains several transition provisions relating to the reorganized CESAs. The assets and liabilities (including employment contracts but excluding real property and regional data processing equipment) of the existing CESAs are to be distributed among the reorganized CESAs based on agreements made among the existing boards of control. The agreements are to be based upon the use made of agency services by the school districts within each agency. If no agreement is reached by March 15, 1997, the secretary of education distributes the assets and liabilities. The transfer of assets and liabilities associated with real property and with regional data processing equipment is to be based on a contract assigning ownership shares to each school board that was a party to such purchases. The secretary of education approves the real property ownership contracts and resolves any disagreements related to the data processing equipment ownership contracts.

The bill provides further that no employment contract entered into or extended by a CESA board of control between the effective date of the bill and July 1, 1997 may extend beyond July 1, 1997. The CESA reorganization's impact on the wages, hours and conditions of employment of CESA employes is made a mandatory subject of collective bargaining. DOE is directed to submit a report by March 31, 1997, to the governor and the legislature on the progress made in reorganizing the CESAs.

SB491, s. 1 Section 1 . 38.08 (1) (a) 1. of the statutes is amended to read:

SB491,5,7 38.08 (1) (a) 1. A district board shall administer the district and shall be composed of 9 11 members who are residents of the district, including 2 employers, 2 employes, 3 additional members, a school district administrator, as defined under s. 115.001 (8), and one elected official who holds a state or local office, as defined in s. 5.02, except for the office of party committeeman or party committeewoman, a member of the board of control of the cooperative educational service agency that is located in the district and one employe of a school district or cooperative educational service agency, located in the district, who represents a school-to-work program. The board shall by rule define "employer" and "employe" for the purpose of this subdivision.

SB491, s. 2 Section 2 . 38.08 (2m) of the statutes is amended to read:

SB491,5,13 38.08 (2m) Any member of a district board serving as an elected official under sub. (1) (a) 1. shall cease to be a member upon vacating his or her office as an elected official. Any member of a district board serving as a member of a board of control of a cooperative educational service agency shall cease to be a member of the district board upon vacating his or her position as a member of the board of control.

SB491, s. 3 Section 3. 38.10 (1) (intro.) of the statutes is amended to read:

SB491,5,16 38.10 (1) (intro.) District Except as provided in sub. (3), district board members shall be appointed by an appointment committee constituted as follows:

SB491, s. 4 Section 4 . 38.10 (3) of the statutes is created to read:

SB491,5,20 38.10 (3) (a) The board of control of the cooperative educational service agency in which the district is located shall appoint one of its members to the district board whenever a vacancy in that position on the district board occurs.

SB491,5,24 (b) The board of control of the cooperative educational service agency in which the district is located shall appoint the school district or agency employe who represents a school-to-work program whenever a vacancy in that position on the district board occurs.

SB491, s. 5 Section 5 . 43.15 (2) (e) of the statutes is created to read:

SB491,6,3 43.15 (2) (e) The division shall adjust the 3-year average requirement under par. (b) in any year, as necessary, to reflect the cost savings resulting from the consolidation or sharing of library services if the county does all of the following:

SB491,6,6 1. Demonstrates, to the satisfaction of the division, that the county's support for library services is or will be lower than otherwise required by par. (b) because library services supported by the county have been or will be consolidated or shared.

SB491,6,10 2. Submits a plan demonstrating, to the satisfaction of the division, that services to library patrons following the consolidation or sharing of services will be at least substantially equivalent to the services available to patrons before the consolidation or sharing.

SB491, s. 6 Section 6 . 43.15 (4) (e) of the statutes is created to read:

SB491,6,15 43.15 (4) (e) The division shall adjust the 3-year average requirement under par. (c) 5. in any year, as necessary, to reflect the cost savings resulting from the consolidation or sharing of library services if the municipal governing body or county board does all of the following:

SB491,6,19 1. Demonstrates, to the satisfaction of the division, that the funding provided by the municipality or county for library services is or will be lower than otherwise required by par. (c) 5. because library services for which the funding is appropriated have been or will be consolidated or shared.

SB491,6,23 2. Submits a plan demonstrating, to the satisfaction of the division, that services to library patrons following the consolidation or sharing of services will be at least substantially equivalent to the services available to patrons before the consolidation or sharing.

SB491, s. 7 Section 7 . 43.53 (1) of the statutes is amended to read:

SB491,7,4 43.53 (1) Joint libraries may be created by any 2 or more contiguous municipalities or by a county and one or more municipalities located in whole or in part in the county, by appropriate agreement of their governing bodies. Section 43.52 applies to joint libraries.

SB491, s. 8 Section 8. 62.09 (8) (d) of the statutes is amended to read:

SB491,7,11 62.09 (8) (d) Except in cities that have adopted s. 62.13 (6), and subject to s. 62.13 (2m) (c), the mayor shall be the head of the fire and police departments, and where there is no board of police and fire commissioners shall appoint all police officers, and the mayor may, in any city, appoint security personnel to serve without pay, and in case of riot or other emergency, appoint as many special police officers as may be necessary.

SB491, s. 9 Section 9. 62.09 (13) (a) of the statutes is amended to read:

SB491,8,2 62.09 (13) (a) The chief of police shall have command of the police force of the city under the direction of the mayor, or under the joint direction of 2 mayors, as provided in s. 62.13 (2m) (c). The chief shall obey all lawful written orders of the mayor or common council, subject to s. 62.13 (2m) (c). The chief and each police officer shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon constables, and be taken as included in all writs and papers addressed to constables; shall arrest with or without process and with reasonable diligence take before the municipal judge or other proper court every person found in the city engaged in any disturbance of the peace or violating any law of the state or ordinance of the city and may command all persons present in that case to assist, and if any person, being so commanded, refuses or neglects to render assistance the person shall forfeit not exceeding $10. They shall collect the same fees prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is applicable under s. 814.705 (2).

SB491, s. 10 Section 10. 62.13 (1) of the statutes is amended to read:

SB491,8,10 62.13 (1) Commissioners. Each Except as provided in sub. (2m), each city shall have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall constitute a quorum. The mayor shall annually, between the last Monday of April and the first Monday of May, appoint in writing to be filed with the secretary of the board, one member for a term of 5 years. No appointment shall be made which will result in more than 3 members of the board belonging to the same political party. The board shall keep a record of its proceedings.

SB491, s. 11 Section 11 . 62.13 (2m) of the statutes is created to read:

SB491,8,13 62.13 (2m) Joint departments, contract services. (a) A city may create a joint police department with another city.

SB491,8,21 (b) A city that creates a joint police department with another city under par. (a) is not required to create a separate board of police commissioners under this section. The cities shall create a joint board of commissioners to govern the joint police 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 (7m).

SB491,8,23 (c) If a city creates a joint police department with another city under par. (a), all of the following apply:

SB491,9,2 1. The mayors of each city shall jointly exercise the powers under s. 62.09 (8) (d), and may only act under that paragraph by issuing a joint order. A chief of police shall obey all lawful written joint orders of the mayors, notwithstanding s. 62.09 (13) (a).

SB491,9,5 2. The governing bodies of the cities may issue lawful written orders to the chief of police only by issuing a joint order. A chief of police shall obey all lawful written joint orders of the governing bodies, notwithstanding s. 62.09 (13) (a).

SB491, s. 12 Section 12 . 66.028 of the statutes is created to read:

SB491,9,8 66.028 Municipal revenue sharing. (1) Definition. In this section, "municipality" means a city, village or town.

SB491,9,14 (2) Municipal revenue sharing agreement. Subject to the requirements of this section, any 2 or more municipalities may, by a majority vote of a quorum of their governing bodies, enter into an agreement to share all or a specified part of revenues derived from taxes and special charges, as defined in s. 74.01 (4). One or more municipalities may enter into agreements under this section with federally recognized American Indian tribes or bands.

SB491,9,17 (3) Public hearing. At least 30 days before entering into an agreement under sub. (2), a municipality shall hold a public hearing on the proposed agreement. Notice of the hearing shall be published as a class 3 notice under ch. 985.

SB491,9,19 (4) Specifications. (a) An agreement entered into under sub. (2) shall meet all of the following conditions:

SB491,9,20 1. The term of the agreement shall be for at least 10 years.

SB491,9,22 2. The boundaries of the area within which the revenues are to be shared in the agreement shall be specified.

SB491,9,24 3. The formula or other means of determining the amount of revenues to be shared under the agreement shall be specified.

SB491,10,2 4. The date upon which revenues agreed to be shared under the agreement shall be paid to the appropriate municipality shall be specified.

SB491,10,4 5. The method by which the agreement may be invalidated after the expiration of the minimum period specified in par. (a) 1. shall be specified.

SB491,10,7 (b) An agreement entered into under sub. (2) may address any other appropriate matters, including any agreements with respect to services or agreements with respect to municipal boundaries under s. 66.023 or 66.027.

SB491,10,10 (5) Contiguous boundaries. No municipality may enter into an agreement under sub. (2) with one or more municipalities unless the municipality is contiguous to at least one other municipality that enters into the agreement.

SB491,10,20 (6) Advisory referendum. (a) Within 30 days after the hearing under sub. (3), the governing body of a participating municipality may adopt a resolution calling for an advisory referendum on the agreement. An advisory referendum shall be held if, within 30 days after the hearing under sub. (3), a petition, signed by a number of qualified electors equal to at least 10% of the votes cast for governor in the municipality at the last gubernatorial election, is filed with the clerk of a participating municipality, requesting an advisory referendum on the revenue sharing plan. The petition shall conform to the requirements of s. 8.40. If an advisory referendum is held, the municipality's governing body may not vote to approve the agreement under sub. (2) until the report under par. (d) is filed.

SB491,11,2 (b) The advisory referendum shall be held within 30 days after adoption of the resolution under par. (a) calling for the referendum or within 30 days after receipt of the petition under par. (a) by the municipal clerk. The municipal clerk shall give notice of the referendum by publishing a notice in a newspaper of general circulation in the municipality, both on the publication day next preceding the advisory referendum election and one week prior to that publication date.

SB491,11,8 (c) The advisory referendum shall be conducted by the municipal election officials. The governing body of the municipality may specify the number of election officials for the referendum. The ballots shall contain the words "For the revenue sharing agreement" and "Against the revenue sharing agreement" and shall otherwise conform to the provisions of s. 5.64 (2). The election shall be conducted as are other municipal elections in accordance with chs. 6 and 7, insofar as applicable.

SB491,11,12 (d) The election inspectors shall report the results of the election, showing the total number of votes cast and the numbers cast for and against the revenue sharing. The election inspectors shall attach their affidavit to the report and immediately file the report in the office of the municipal clerk.

SB491,11,14 (e) The costs of the advisory referendum election shall be borne by the municipality that holds the election.

Note: The special committee intends that municipalities which enter municipal revenue sharing agreements under this Section may consider, as part of the agreement, the cooperative provision of services which include but are not limited to the following: police and fire protection; public landmarks; tree care; general public works; municipal buildings, including jails, juvenile detention facilities, fire halls, police stations, garages and civic centers; weed, litter and nuisance control; sewer supply; surface and groundwater supply; septage and sludge control; planning, subdivision control and zoning; solid waste, hazardous waste and recyclable material collection; solid waste, hazardous waste, recyclable material treatment, processing, storage and disposal; health care; elections; personnel management services; general administrative services; legal services; assessment and tax collection services; accounting services; risk management and insurance services; bond services; investment services; financial services; judicial services; engineering and planning services; audit services; general public infrastructure repair and maintenance; cable television; public utilities (electricity, gas, water, sewer); telecommunications; community development and promotion, including industrial, commercial and residential housing sites; transit and transportation, including roads, bridges, trails, sidewalks, curbs and gutters, culverts, parking facilities, airports, docks and signs; libraries and museums; outdoor and indoor recreation; forestry and conservation; harbors; dams and drainage; water safety patrol; building inspection; humane animal treatment; cemeteries; nursing homes, hospitals, clinics and ambulances; day care; general environmental protection; nonmetallic mining; and general and municipal officer and employe education and training.

SB491, s. 13 Section 13 . 116.01 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB491,12,13 116.01 Purpose. The organization of school districts in Wisconsin is such that the legislature recognizes the need for a service unit between the school district and the department. The cooperative educational service agencies are designed to serve educational needs in all areas of Wisconsin by serving as a link both between school districts, between school districts and technical college districts and between school districts and the state. Cooperative educational service agencies may provide leadership, coordination and education services to school districts, University of Wisconsin System institutions and centers and technical colleges. Cooperative educational service agencies may facilitate communication and cooperation among all public and private schools, agencies and organizations that provide services to pupils.

SB491, s. 14 Section 14. 116.02 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB491,13,4 116.02 (1) (a) Each agency shall be governed by a board of control composed of members of school boards of school districts within the agency, one member of the district board of each technical college district that is located in the agency and a representative of each University of Wisconsin System institution and center that is located in the agency. Annually on or after the 4th Monday in April, the school board of each school district in the agency shall appoint one of its members as its representative for the purpose of determining selecting the composition school board members of the board of control. For the purpose of determining membership on the board of control, a school district operating elementary grades only and lying in more than one union high school district shall be considered part of the union high school district territory in which the major portion of its equalized valuation lies. The board of control shall hold an annual organizational meeting on or after the 2nd Monday in May. No annual organizational meeting may be held after the 2nd Monday in August.

SB491, s. 15 Section 15. 116.02 (1) (cm) of the statutes is created to read:

SB491,13,8 116.02 (1) (cm) 1. The district board of each technical college district that is located in the agency shall appoint one of its members to the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

SB491,13,12 2. The chancellor of each University of Wisconsin System institution located in the agency shall appoint one member to represent that institution on the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

SB491,13,16 3. For each University of Wisconsin System center located in the agency, the chancellor of the center shall appoint a member to represent that center on the board of control for a 3-year term whenever a vacancy in that position on the board of control occurs.

SB491, s. 16 Section 16. 116.02 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB491,13,20 116.02 (2) (d) Specifying the number of school board members on the board of control.

SB491, s. 17 Section 17. 116.03 (4) of the statutes is amended to read:

SB491,14,4 116.03 (4) Determine each participating local unit's school district's prorated share of the cost of cooperative programs and assess the costs of each program against each unit school district participating in the program including, without limitation because of enumeration, unemployment compensation, litigation expense, collective bargaining and monetary awards by courts and agencies, but no board of control may levy any taxes. No cost may be assessed against a unit school district for a cooperative program unless the unit school district enters into a contract for the service.

SB491, s. 18 Section 18. 116.06 of the statutes is repealed.

SB491, s. 19 Section 19. 116.065 (3) of the statutes is amended to read:

SB491,14,9 116.065 (3) A school district that has withdrawn from the agency described under sub. (1) may rejoin the join any agency in which it is located. The procedures under subs. (1) and (2) apply to readmissions admissions.

SB491, s. 20 Section 20. 116.07 (2) of the statutes is amended to read:

SB491,14,15 116.07 (2) Upon completion of a plan of consolidation, the affected boards of control shall give 30 days' notice in writing to those school boards and technical college district boards affected of a public hearing on the proposed consolidation. Notice of such hearing also shall be published as a class 2 notice, under ch. 985, the last insertion to be at least 20 days prior to the date of the hearing.

SB491, s. 21 Section 21. Nonstatutory provisions; public instruction.

SB491,14,17 (1) Reorganization of cooperative educational service agencies.

SB491,14,23 (a) Beginning on July 1, 1996, with the advice and participation of school board representatives, school district administrators and cooperative educational service agency administrators, the department of education shall reorganize the 12 cooperative educational service agencies into 15 cooperative educational service agencies. The reorganization shall be effective on July 1, 1997. The cooperative educational service agencies shall be reorganized as follows:

SB491,14,25 1. Cooperative educational service agency no. 1 shall be coterminous with Gateway technical college district.

SB491,15,2 2. Cooperative educational service agency no. 2 shall be coterminous with Blackhawk technical college district.

SB491,15,4 3. Cooperative educational service agency no. 3 shall be coterminous with Southwest Wisconsin technical college district.

SB491,15,6 4. Cooperative educational service agency no. 4 shall be coterminous with Madison area technical college district.

SB491,15,9 5. Cooperative educational service agency no. 5 shall be coterminous with the combined territory of the Waukesha County area and Milwaukee area technical college districts.

SB491,15,11 6. Cooperative educational service agency no. 6 shall be coterminous with Moraine Park technical college district.

SB491,15,13 7. Cooperative educational service agency no. 7 shall be coterminous with Lakeshore technical college district.

SB491,15,15 8. Cooperative educational service agency no. 8 shall be coterminous with Fox Valley technical college district.

SB491,15,17 9. Cooperative educational service agency no. 9 shall be coterminous with Mid-state technical college district.

SB491,15,19 10. Cooperative educational service agency no. 10 shall be coterminous with Western Wisconsin technical college district.

SB491,15,21 11. Cooperative educational service agency no. 11 shall be coterminous with Chippewa Valley technical college district.