66.30(5)(a)
(a) Every agreement made under this subsection shall, prior to and as a condition precedent to taking effect, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted hereunder unless the attorney general finds that it does not meet the conditions set forth herein and details in writing addressed to the concerned municipal governing bodies the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within 90 days of its submission shall constitute approval thereof. The attorney general, upon submission of an agreement hereunder, shall transmit a copy of the agreement to the governor who shall consult with any state department or agency affected by the agreement. The governor shall forward to the attorney general any comments the governor may have concerning the agreement.
66.30(5)(b)
(b) An agreement entered into under this subsection shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the municipalities party thereto shall be real parties in interest and the state may commence an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. Such action may be maintained against any municipality whose act or omission caused or contributed to the incurring of damage or liability by the state.
66.30(6)(a)2.
2. "School district" means a common, union high, unified or 1st class city school district.
66.30(6)(b)
(b) Two or more school boards of school districts may by written contract executed by all participants to the contract, own, construct, lease or otherwise acquire school facilities including real estate located within or outside the boundaries of any participating school district.
66.30(6)(c)
(c) School district boards entering into a contract under this subsection may, without limitation because of enumeration:
66.30(6)(c)1.
1. Provide for acquisition, construction, operation and administration of a facility, and establish the functions, projects and services to be provided in the facility, including, without limitation because of enumeration, proration of all expenses involved, operational and fiscal management including deposit and disbursement of funds appropriated, designation of the municipal employer for purposes of compliance with
s. 111.70, teacher retirement, worker's compensation and unemployment insurance.
66.30(6)(c)2.
2. Purchase real estate and personal property, including a fractional or other interest in the real estate and personal property and enter into leases for sites, building and equipment for a term not exceeding 50 years.
66.30(6)(c)4.
4. Issue municipal obligations subject to the procedures and limitations of
ch. 67.
66.30(6)(c)5.
5. Provide the terms and conditions for accepting additional school districts as participants in the plan and for withdrawal from or termination of the contract including apportionment of assets and liabilities.
66.30(6)(d)
(d) A contract entered into under this subsection shall at all times be limited to a period of 50 years but may, by mutual written consent of all participants, be modified or extended beyond the initial term.
66.30(6)(f)
(f) A contract or any extension of the contract of over 5 years duration which includes a common or union high school district participant shall be approved by the annual or special school district meeting.
66.30(6)(g)
(g) At least 30 days prior to entering into a contract under this subsection or a modification or extension of the contract, the school boards of the districts involved or their designated agent shall file the proposed agreement with the state superintendent of public instruction to enable the state superintendent or state superintendent's designee to assist and advise the school boards involved in regard to the applicable recognized accounting procedure for the administration of the school aid programs. The state superintendent shall review the terms of the proposed contract to ensure that each participating district's interests are protected.
66.30(6)(h)
(h) School district boards entering into a contract under this subsection shall designate for each employe providing services under the contract either a school district entering into the contract or a cooperative educational service agency under
ch. 116 as the employer for purposes of compliance with
s. 111.70, teacher's retirement, worker's compensation and unemployment insurance.
66.30 History
History: 1971 c. 143,
152,
211;
1973 c. 301;
1975 c. 123,
228;
1977 c. 26 s.
75;
1977 c. 29 s.
1654 (8) (c);
1977 c. 418;
1979 c. 122;
1981 c. 20,
190,
247,
282,
390;
1983 a. 189 ss.
55,
329 (17);
1983 a. 207;
1985 a. 29,
225;
1987 a. 27,
403;
1989 a. 335;
1991 a. 39,
316;
1993 a. 246,
263,
406;
1995 a. 27,
56,
201;
1997 a. 27,
39.
66.30 Note
NOTE: 1993 Wis. Act 406, which amends subs. (1) (b) and (2), contains extensive explanatory notes.
66.30 Annotation
Where a municipality's power to contract is improperly or irregularly exercised and the municipality receives a benefit under the contract, it is estopped from asserting the invalidity of contract. Village of McFarland v. Town of Dunn, 82 W (2d) 469, 263 NW (2d) 167.
66.30 Annotation
There is some latitude under this section for counties to contract with municipalities within the county to furnish or supplement certain law enforcement services in the municipality. 58 Atty. Gen. 72.
66.30 Annotation
No legal authority for the creation of a City-County Metropolitan Police Agency exists at present. 60 Atty. Gen. 85.
66.30 Annotation
Cooperative planning among municipalities allowed by s. 66.30 includes only planning collateral to the organization, implementation and administration of specific projects; the authority for general multi-jurisdictional planning is found in s. 66.945. 60 Atty. Gen. 313.
66.30 Annotation
A county may contract to furnish certain law enforcement services to cities, villages and towns within the county but cannot take over all law enforcement functions. A deputy sheriff may not be designated as a city police chief. 65 Atty. Gen. 47.
66.30 Annotation
A county may contract with a city for the joint provision of public health nursing services under sub. (2). 66 Atty. Gen. 54.
66.30 Annotation
Voting members of a commission created by 2 villages were public officers protected by s. 895.46 (1).
74 Atty. Gen. 208.
66.301
66.301
One- and 2-family dwelling code. Ordinances enacted by any county, city, village or town relating to the construction and inspection of one- and 2-family dwellings shall conform to
subch. II of ch. 101.
66.301 History
History: 1975 c. 404.
66.302
66.302
Manufactured building code. Ordinances enacted by any county, city, village or town relating to the on-site inspection of the installation of manufactured buildings shall conform to
subch. III of ch. 101.
66.302 History
History: 1975 c. 405.
66.303
66.303
Multifamily dwelling code. 66.303(1)
(1) Except as provided in
sub. (2), any ordinance enacted by a county, city, village or town relating to the construction or inspection of multifamily dwellings, as defined in
s. 101.971 (2), shall conform to
subch. VI of ch. 101 and
s. 101.02 (7m).
66.303(2)
(2) If a county, city, village or town has a preexisting stricter sprinkler ordinance, as defined in
s. 101.975 (3) (a), that ordinance remains in effect and the county, city, village or town may take any action with regard to that ordinance that a political subdivision may take under
s. 101.975 (3) (b).
66.303 History
History: 1991 a. 269.
66.304
66.304
Family day care homes. 66.304(1)(a)
(a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services under
s. 48.65 where care is provided for not more than 8 children.
66.304(1)(b)
(b) "Municipality" means a county, city, village or town.
66.304(2)
(2) No municipality may prevent a family day care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family day care homes different from the licensing standards established under
s. 48.65. This subsection does not prevent a municipality from applying to a family day care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
66.304 History
History: 1983 a. 193;
1995 a. 27 s.
9126 (19).
66.305
66.305
Law enforcement; mutual assistance. 66.305(1)
(1) Upon the request of any law enforcement agency, including county law enforcement agencies as provided in
s. 59.28 (2), the law enforcement personnel of any other law enforcement agency may assist the requesting agency within the latter's jurisdiction, notwithstanding any other jurisdictional provision. For purposes of
ss. 895.35 and
895.46, such law enforcement personnel while acting in response to such request, shall be deemed employes of the requesting agency.
66.305 History
History: Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1995 a. 201.
66.305 Annotation
The statutes do not permit the creation of a separate regional law enforcement agency and neither the sheriff nor the county board has power to delegate supervisory or law enforcement powers to such an agency. 63 Atty. Gen. 596.
66.305 Annotation
A request for assistance may be implicit. United States v. Mattes, 687 F (2d) 1039 (1982).
66.307
66.307
Premier resort areas. 66.307(1)(a)
(a) "Infrastructure expenses" means the costs of purchasing, constructing or improving parking lots; access ways; transportation facilities, including roads and bridges; sewer and water facilities; parks, boat ramps, beaches and other recreational facilities; fire fighting equipment; police vehicles; ambulances; and other equipment or materials dedicated to public safety or public works.
66.307(1)(b)
(b) "Political subdivision" means a city, village, town or county.
66.307(1)(c)
(c) "Premier resort area" means a political subdivision whose governing body enacts an ordinance or adopts a resolution under
sub. (2) (a).
66.307(1)(d)
(d) "Tourism-related retailers" means retailers classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget under the following industry numbers:
66.307(1)(d)21.
21. 7999 — Amusement and recreational services, not elsewhere classified.
66.307(2)(a)(a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself to be a premier resort area if at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retailers.
66.307(2)(b)
(b) A political subdivision that is a premier resort area may impose the tax under
s. 77.994.
66.307(2)(c)
(c) If 2 or more contiguous political subdivisions that are premier resort areas each impose the tax under
s. 77.994, they may enter into a contract under
s. 66.30 to cooperate in paying for infrastructure expenses, in addition to any other authority they have to act under
s. 66.30.
66.307(2)(d)
(d) The proceeds from a tax that is imposed under
s. 77.994 and this subsection may be used only to pay for infrastructure expenses within the jurisdiction of a premier resort area.
66.307(3)
(3) Jurisdiction. The jurisdiction of a premier resort area is coterminous with the boundaries of a political subdivision whose governing body enacts an ordinance or adopts a resolution under
sub. (2) (a) or with the boundaries of 2 or more political subdivisions that enter into a contract under
sub. (2) (c).
66.307 History
History: 1997 a. 27.
66.31
66.31
Agreement to establish an airport affected area. Any county, town, city or village may establish by written agreement with an airport, as defined in
s. 62.23 (6) (am) 1. a.:
66.31 History
History: 1985 a. 136;
1995 a. 201.
66.31 Note
NOTE: Section 1 of 85 Act 136 is entitled "Findings and purpose".
66.312
66.312
Law enforcement agency policies on use of force and citizen complaint procedures. 66.312(2)
(2) Use of force policy. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or standard regulating the use of force by law enforcement officers in the performance of their duties.
66.312(3)
(3) Citizen complaint procedure. Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a specific procedure for processing and resolving a complaint by any person regarding the conduct of a law enforcement officer employed by the agency. The writing prepared under this subsection shall include a conspicuous notification of the prohibition and penalty under
s. 946.66.
66.312 History
History: 1987 a. 131;
1997 a. 176.
