SB491, s. 9 12Section 9. 62.09 (13) (a) of the statutes is amended to read:
SB491,8,213 62.09 (13) (a) The chief of police shall have command of the police force of the
14city under the direction of the mayor, or under the joint direction of 2 mayors, as
15provided in s. 62.13 (2m) (c)
. The chief shall obey all lawful written orders of the
16mayor or common council, subject to s. 62.13 (2m) (c). The chief and each police officer
17shall possess the powers, enjoy the privileges and be subject to the liabilities
18conferred and imposed by law upon constables, and be taken as included in all writs
19and papers addressed to constables; shall arrest with or without process and with
20reasonable diligence take before the municipal judge or other proper court every
21person found in the city engaged in any disturbance of the peace or violating any law
22of the state or ordinance of the city and may command all persons present in that case
23to assist, and if any person, being so commanded, refuses or neglects to render
24assistance the person shall forfeit not exceeding $10. They shall collect the same fees

1prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is
2applicable under s. 814.705 (2).
SB491, s. 10 3Section 10. 62.13 (1) of the statutes is amended to read:
SB491,8,104 62.13 (1) Commissioners. Each Except as provided in sub. (2m), each city shall
5have a board of police and fire commissioners consisting of 5 citizens, 3 of whom shall
6constitute a quorum. The mayor shall annually, between the last Monday of April
7and the first Monday of May, appoint in writing to be filed with the secretary of the
8board, one member for a term of 5 years. No appointment shall be made which will
9result in more than 3 members of the board belonging to the same political party. The
10board shall keep a record of its proceedings.
SB491, s. 11 11Section 11 . 62.13 (2m) of the statutes is created to read:
SB491,8,1312 62.13 (2m) Joint departments, contract services. (a) A city may create a joint
13police department with another city.
SB491,8,2114 (b) A city that creates a joint police department with another city under par.
15(a) is not required to create a separate board of police commissioners under this
16section. The cities shall create a joint board of commissioners to govern the joint
17police department. The cities may jointly determine the number of commissioners
18to be appointed to the joint board by each city and the length of the commissioners'
19terms. A majority of the commissioners is a quorum. A joint board of commissioners
20that is created under this paragraph to govern a joint police department is subject
21to the provisions of subs. (3) to (7m).
SB491,8,2322 (c) If a city creates a joint police department with another city under par. (a),
23all of the following apply:
SB491,9,224 1. The mayors of each city shall jointly exercise the powers under s. 62.09 (8)
25(d), and may only act under that paragraph by issuing a joint order. A chief of police

1shall obey all lawful written joint orders of the mayors, notwithstanding s. 62.09 (13)
2(a).
SB491,9,53 2. The governing bodies of the cities may issue lawful written orders to the chief
4of police only by issuing a joint order. A chief of police shall obey all lawful written
5joint orders of the governing bodies, notwithstanding s. 62.09 (13) (a).
SB491, s. 12 6Section 12 . 66.028 of the statutes is created to read:
SB491,9,8 766.028 Municipal revenue sharing. (1) Definition. In this section,
8"municipality" means a city, village or town.
SB491,9,14 9(2) Municipal revenue sharing agreement. Subject to the requirements of this
10section, any 2 or more municipalities may, by a majority vote of a quorum of their
11governing bodies, enter into an agreement to share all or a specified part of revenues
12derived from taxes and special charges, as defined in s. 74.01 (4). One or more
13municipalities may enter into agreements under this section with federally
14recognized American Indian tribes or bands.
SB491,9,17 15(3) Public hearing. At least 30 days before entering into an agreement under
16sub. (2), a municipality shall hold a public hearing on the proposed agreement.
17Notice of the hearing shall be published as a class 3 notice under ch. 985.
SB491,9,19 18(4) Specifications. (a) An agreement entered into under sub. (2) shall meet
19all of the following conditions:
SB491,9,2020 1. The term of the agreement shall be for at least 10 years.
SB491,9,2221 2. The boundaries of the area within which the revenues are to be shared in the
22agreement shall be specified.
SB491,9,2423 3. The formula or other means of determining the amount of revenues to be
24shared under the agreement shall be specified.
SB491,10,2
14. The date upon which revenues agreed to be shared under the agreement
2shall be paid to the appropriate municipality shall be specified.
SB491,10,43 5. The method by which the agreement may be invalidated after the expiration
4of the minimum period specified in par. (a) 1. shall be specified.
SB491,10,75 (b) An agreement entered into under sub. (2) may address any other
6appropriate matters, including any agreements with respect to services or
7agreements with respect to municipal boundaries under s. 66.023 or 66.027.
SB491,10,10 8(5) Contiguous boundaries. No municipality may enter into an agreement
9under sub. (2) with one or more municipalities unless the municipality is contiguous
10to at least one other municipality that enters into the agreement.
SB491,10,20 11(6) Advisory referendum. (a) Within 30 days after the hearing under sub. (3),
12the governing body of a participating municipality may adopt a resolution calling for
13an advisory referendum on the agreement. An advisory referendum shall be held if,
14within 30 days after the hearing under sub. (3), a petition, signed by a number of
15qualified electors equal to at least 10% of the votes cast for governor in the
16municipality at the last gubernatorial election, is filed with the clerk of a
17participating municipality, requesting an advisory referendum on the revenue
18sharing plan. The petition shall conform to the requirements of s. 8.40. If an advisory
19referendum is held, the municipality's governing body may not vote to approve the
20agreement under sub. (2) until the report under par. (d) is filed.
SB491,11,221 (b) The advisory referendum shall be held within 30 days after adoption of the
22resolution under par. (a) calling for the referendum or within 30 days after receipt
23of the petition under par. (a) by the municipal clerk. The municipal clerk shall give
24notice of the referendum by publishing a notice in a newspaper of general circulation

1in the municipality, both on the publication day next preceding the advisory
2referendum election and one week prior to that publication date.
SB491,11,83 (c) The advisory referendum shall be conducted by the municipal election
4officials. The governing body of the municipality may specify the number of election
5officials for the referendum. The ballots shall contain the words "For the revenue
6sharing agreement" and "Against the revenue sharing agreement" and shall
7otherwise conform to the provisions of s. 5.64 (2). The election shall be conducted as
8are other municipal elections in accordance with chs. 6 and 7, insofar as applicable.
SB491,11,129 (d) The election inspectors shall report the results of the election, showing the
10total number of votes cast and the numbers cast for and against the revenue sharing.
11The election inspectors shall attach their affidavit to the report and immediately file
12the report in the office of the municipal clerk.
SB491,11,1413 (e) The costs of the advisory referendum election shall be borne by the
14municipality 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
1Section 13 . 116.01 of the statutes, as affected by 1995 Wisconsin Act 27, is
2amended to read:
SB491,12,13 3116.01 Purpose. The organization of school districts in Wisconsin is such that
4the legislature recognizes the need for a service unit between the school district and
5the department. The cooperative educational service agencies are designed to serve
6educational needs in all areas of Wisconsin by serving as a link both between school
7districts, between school districts and technical college districts and between school
8districts and the state. Cooperative educational service agencies may provide
9leadership, coordination and education services to school districts, University of
10Wisconsin System institutions and centers and technical colleges. Cooperative
11educational service agencies may facilitate communication and cooperation among
12all public and private schools, agencies and organizations that provide services to
13pupils.
SB491, s. 14 14Section 14. 116.02 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27,
15is amended to read:
SB491,13,416 116.02 (1) (a) Each agency shall be governed by a board of control composed of
17members of school boards of school districts within the agency, one member of the
18district board of each technical college district that is located in the agency and a
19representative of each University of Wisconsin System institution and center that
20is located in the agency
. Annually on or after the 4th Monday in April, the school
21board of each school district in the agency shall appoint one of its members as its
22representative for the purpose of determining selecting the composition school board
23members
of the board of control. For the purpose of determining membership on the
24board of control, a school district operating elementary grades only and lying in more
25than one union high school district shall be considered part of the union high school

1district territory in which the major portion of its equalized valuation lies. The board
2of control shall hold an annual organizational meeting on or after the 2nd Monday
3in May. No annual organizational meeting may be held after the 2nd Monday in
4August.
SB491, s. 15 5Section 15. 116.02 (1) (cm) of the statutes is created to read:
SB491,13,86 116.02 (1) (cm) 1. The district board of each technical college district that is
7located in the agency shall appoint one of its members to the board of control for a
83-year term whenever a vacancy in that position on the board of control occurs.
SB491,13,129 2. The chancellor of each University of Wisconsin System institution located
10in the agency shall appoint one member to represent that institution on the board
11of control for a 3-year term whenever a vacancy in that position on the board of
12control occurs.
SB491,13,1613 3. For each University of Wisconsin System center located in the agency, the
14chancellor of the center shall appoint a member to represent that center on the board
15of control for a 3-year term whenever a vacancy in that position on the board of
16control occurs.
SB491, s. 16 17Section 16. 116.02 (2) (d) of the statutes, as affected by 1995 Wisconsin Act 27,
18is amended to read:
SB491,13,2019 116.02 (2) (d) Specifying the number of school board members on the board of
20control.
SB491, s. 17 21Section 17. 116.03 (4) of the statutes is amended to read:
SB491,14,422 116.03 (4) Determine each participating local unit's school district's prorated
23share of the cost of cooperative programs and assess the costs of each program
24against each unit school district participating in the program including, without
25limitation because of enumeration, unemployment compensation, litigation

1expense, collective bargaining and monetary awards by courts and agencies, but no
2board of control may levy any taxes. No cost may be assessed against a unit school
3district
for a cooperative program unless the unit school district enters into a contract
4for the service.
SB491, s. 18 5Section 18. 116.06 of the statutes is repealed.
SB491, s. 19 6Section 19. 116.065 (3) of the statutes is amended to read:
SB491,14,97 116.065 (3) A school district that has withdrawn from the agency described
8under sub. (1) may rejoin the join any agency in which it is located. The procedures
9under subs. (1) and (2) apply to readmissions admissions.
SB491, s. 20 10Section 20. 116.07 (2) of the statutes is amended to read:
SB491,14,1511 116.07 (2) Upon completion of a plan of consolidation, the affected boards of
12control shall give 30 days' notice in writing to those school boards and technical
13college district boards
affected of a public hearing on the proposed consolidation.
14Notice of such hearing also shall be published as a class 2 notice, under ch. 985, the
15last insertion to be at least 20 days prior to the date of the hearing.
SB491, s. 21 16Section 21. Nonstatutory provisions; public instruction.
SB491,14,17 17(1) Reorganization of cooperative educational service agencies.
SB491,14,23 18(a) Beginning on July 1, 1996, with the advice and participation of school board
19representatives, school district administrators and cooperative educational service
20agency administrators, the department of education shall reorganize the 12
21cooperative educational service agencies into 15 cooperative educational service
22agencies. The reorganization shall be effective on July 1, 1997. The cooperative
23educational service agencies shall be reorganized as follows:
SB491,14,25 241. Cooperative educational service agency no. 1 shall be coterminous with
25Gateway technical college district.
SB491,15,2
12. Cooperative educational service agency no. 2 shall be coterminous with
2Blackhawk technical college district.
SB491,15,4 33. Cooperative educational service agency no. 3 shall be coterminous with
4Southwest Wisconsin technical college district.
SB491,15,6 54. Cooperative educational service agency no. 4 shall be coterminous with
6Madison area technical college district.
SB491,15,9 75. Cooperative educational service agency no. 5 shall be coterminous with the
8combined territory of the Waukesha County area and Milwaukee area technical
9college districts.
SB491,15,11 106. Cooperative educational service agency no. 6 shall be coterminous with
11Moraine Park technical college district.
SB491,15,13 127. Cooperative educational service agency no. 7 shall be coterminous with
13Lakeshore technical college district.
SB491,15,15 148. Cooperative educational service agency no. 8 shall be coterminous with Fox
15Valley technical college district.
SB491,15,17 169. Cooperative educational service agency no. 9 shall be coterminous with
17Mid-state technical college district.
SB491,15,19 1810. Cooperative educational service agency no. 10 shall be coterminous with
19Western Wisconsin technical college district.
SB491,15,21 2011. Cooperative educational service agency no. 11 shall be coterminous with
21Chippewa Valley technical college district.
SB491,15,23 2212. Cooperative educational service agency no. 12 shall be coterminous with
23North Central technical college district.
SB491,15,25 2413. Cooperative educational service agency no. 13 shall be coterminous with
25Northeast Wisconsin technical college district.
SB491,16,2
114. Cooperative educational service agency no. 14 shall be coterminous with
2Nicolet area technical college district.
SB491,16,4 315. Cooperative educational service agency no. 15 shall be coterminous with
4Wisconsin Indianhead technical college district.
SB491,16,8 5(b) If the territory of a school district is located in more than one technical
6college district, the school board of that school district shall determine which of the
7reorganized cooperative educational service agencies under paragraph (a), in which
8the school district is located, the school district shall participate in.
SB491,16,18 9(c) 1. Except as provided under subdivisions 2. and 3. , the assets and
10liabilities, including employment contracts, of the existing cooperative educational
11service agencies shall be distributed among the reorganized cooperative educational
12service agencies, effective on July 1, 1997, by agreements made among the existing
13boards of control. The agreements shall be based upon the use made of agency
14services by the school districts within each agency. A copy of each such agreement
15shall be sent to the secretary of education for his or her approval by March 15, 1997.
16If no agreement is reached by the boards of control by March 15, 1997, the secretary
17of education shall distribute the assets and liabilities among the reorganized
18cooperative educational service agencies.
SB491,16,25 192. The assets and liabilities associated with real property shall be assigned by
20contract as ownership shares, effective on July 1, 1997, to the school boards that were
21parties to the purchase of the real property. A copy of each such contract shall be sent
22to the secretary of education by March 15, 1997, for the secretary's approval. Title
23to the real property shall transfer to the cooperative educational service agency in
24which it is located on July 1, 1997. Upon sale of the property, the assets and liabilities
25shall be distributed as ownership shares.
SB491,17,5
13. The assets and liabilities associated with regional data processing
2equipment shall be assigned by contract as ownership shares, effective on July 1,
31997, to the school boards that were parties to the purchase of the equipment. Any
4disagreements arising between school boards under this subdivision shall be
5submitted to the secretary of education for resolution.
SB491,17,10 6(d) All contracts for services entered into by a board of control of a cooperative
7educational service agency under section 116.03 (3) of the statutes prior to July 1,
81997, which extend beyond July 1, 1997, shall on July 1, 1997, be treated as
9obligations of the board of control of the appropriate reorganized cooperative
10educational service agency.
SB491,17,14 11(e) All proceedings before a board of control of a cooperative educational service
12agency under section 116.07 of the statutes pending on July 1, 1997, shall be treated
13as proceedings before the board of control of the appropriate reorganized cooperative
14educational service agency.
SB491,17,17 15(f) No contract of employment entered into or extended by a board of control of
16a cooperative educational service agency after the effective date of this paragraph
17but prior to July 1, 1997, may extend beyond July 1, 1997.
SB491,17,21 18(g) The impact of any reorganization on the wages, hours and conditions of
19employment of the employes of the cooperative educational service agency is a
20mandatory subject of collective bargaining between the board of control and any
21representative of the employes affected by the reorganization of the agencies.
SB491,17,25 22(h) By March 31, 1997, the secretary of education shall submit a report to the
23governor, and to the legislature in the manner provided under section 13.172 (2) of
24the statutes, on the progress made in reorganizing the cooperative educational
25service agencies under this subsection.
SB491, s. 22
1Section 22 . Effective date.
SB491,18,5 2(1) Reorganization of cooperative educational service agencies. The
3treatment of sections 38.08 (1) (a) 1. and (2m), 38.10 (1) (intro.) and (3), 116.01, 116.02
4(1) (a) and (cm), 116.02 (2) (d), 116.03 (4), 116.06, 116.065 (3) and 116.07 (2) of the
5statutes takes effect on July 1, 1997.
SB491,18,66 (End)
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