66.0309(3)(b)1.
1. For regions which include land in more than one county
par. (a) shall apply.
66.0309(3)(b)2.
2. For regions that include land in only one county, the commission shall consist of the following:
66.0309(3)(b)2.b.
b. Three members appointed by the governing body of each city, village and town in the region having a population of 20,000 or more. If there is no city, village or town having a population of 20,000 or more, the governor shall appoint one member from each city, village or town with a population of 5,000 or more within the region. All governor appointees under this
subd. 2. b. shall be persons who have experience in local government in elective or appointive offices or who are professionally engaged in advising local governmental units in the fields of land-use planning, transportation, law, finance or engineering.
66.0309(3)(b)2.c.
c. Three members appointed at large by the governor. All governor appointees under this
subd. 2. c. shall be persons who have experience in local government in elective or appointive offices or who are professionally engaged in advising local governmental units in the fields of land-use planning, transportation, law, finance or engineering.
66.0309(3)(c)
(c) Terms of office for regional planning commission members shall be as follows:
66.0309(3)(c)1.
1. If the composition of the commission is approved by local units under
par. (b), the terms shall be as prescribed in the resolutions of approval.
66.0309(3)(c)2.
2. For members of all other commissions the term is 6 years after the initial term. At the first meeting of the commission it shall be determined by lot which of the initial members shall have 2, 4 and 6-year terms, respectively, and each group shall be as nearly equal as may be.
66.0309(3)(d)
(d) All regional planning commission members shall be electors of the state and reside within the region.
66.0309(4)
(4) Compensation; expenses. A per diem compensation may be paid members of regional planning commissions. This shall not affect in any way remuneration received by any state or local official who, in addition to serving as a state or local official, serves also as a member of the regional planning commission. All members may be reimbursed for actual expenses incurred as members of the commission in carrying out the work of the commission.
66.0309(5)
(5) Chairperson; rules of procedure; records. Each regional planning commission shall elect its own chairperson and executive committee and shall establish its own rules of procedure, and may create and fill other offices as it may determine necessary. The commission may authorize the executive committee to act for it on all matters under rules adopted by it. The commission shall meet at least once each year. It shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record.
66.0309(6)
(6) Director and employees. The regional planning commission shall appoint a director and such employees as it deems necessary for its work and may hire such experts and consultants for part-time or full-time service as may be necessary for the prosecution of its responsibilities.
66.0309(7)
(7) Advisory committees or councils; appointment. The regional planning commission may appoint advisory committees or councils whose membership may consist of individuals whose experience, training or interest in the program may qualify them to lend valuable assistance to the regional planning commission by acting in an advisory capacity in consulting with the regional planning commission on all phases of the commission's program. Members of advisory bodies shall receive no compensation for their services but may be reimbursed for actual expenses incurred in the performance of their duties.
66.0309(8)(a)1.1. The regional planning commission may take any of the following actions:
a. Conduct all types of research studies, collect and analyze data, prepare maps, charts and tables, and conduct all necessary studies for the accomplishment of its other duties.
b. Consistent with the elements specified in
s. 66.1001, make plans for the physical, social and economic development of the region, and, consistent with the elements specified in
s. 66.1001, adopt by resolution any plan or the portion of any plan so prepared as its official recommendation for the development of the region.
c. Publicize and advertise its purposes, objectives and findings, and distribute reports concerning these items.
d. Provide advisory services on regional planning problems to the local government units within the region and to other public and private agencies in matters relative to its functions and objectives, and may act as a coordinating agency for programs and activities of local units and agencies as they relate to its objectives.
66.0309(8)(a)2.
2. All public officials shall, upon request, furnish to the regional planning commission, within a reasonable time, available information as it requires for its work. In general, the regional planning commission shall have all powers necessary to enable it to perform its functions and promote regional planning. The functions of the regional planning commission shall be solely advisory to the local governments and local government officials comprising the region.
66.0309(8)(b)
(b) The regional planning commission shall make an annual report of its activities to the legislative bodies of the local governmental units within the region, and shall submit 2 copies of the report to the legislative reference bureau.
66.0309(9)
(9) Preparation of master plan for region. The regional planning commission shall have the function and duty of making and adopting a master plan for the physical development of the region. The master plan, with the accompanying maps, plats, charts, programs and descriptive and explanatory matter, shall show the commission's recommendations for physical development and shall contain at least the elements described in
s. 66.1001. The regional planning commission may amend, extend or add to the master plan or carry any part or subject matter into greater detail.
66.0309(10)
(10) Adoption of master plan for region. The master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the region which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development. The regional planning commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may by resolution adopt a part or parts of the master plan, any part to correspond with one or more of the elements specified in
s. 66.1001. The resolution shall refer expressly to the maps, plats, charts, programs and descriptive and explanatory matter, and other matters intended by the regional planning commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part of the adopted plan by the identifying signature of the chairperson of the regional planning commission and a copy of the plan or part of the adopted plan shall be certified to the legislative bodies of the local governmental units within the region. The purpose and effect of adoption of the master plan shall be solely to aid the regional planning commission and the local governments and local government officials comprising the region in the performance of their functions and duties.
66.0309(11)
(11) Matters referred to regional planning commission. The officer or public body of a local governmental unit within the region having final authority may refer to the regional planning commission, for its consideration and report, the location or acquisition of land for any of the items or facilities which are included in the adopted regional master plan. Within 20 days after the matter is referred to the regional planning commission or a longer period as may be stipulated by the referring officer or public body, the commission shall report its recommendations to the referring officer or public body. The report and recommendations of the commission shall be advisory only. A state agency may authorize the regional planning commission with the consent of the commission to act for the agency in approving, examining or reviewing plats, under
s. 236.12 (2) (a). A regional planning commission authorized by a local unit on November 1, 1980 to act for the local unit in approving plats may continue to so act until the commission withdraws its consent or the local unit its approval. A local unit may authorize a regional planning commission, with the consent of the commission, to conduct an advisory review of plats.
66.0309(12)
(12) Local adoption of plans of regional commission; contracts. 66.0309(12)(a)(a) Any local governmental unit within the region may adopt all or any portion of the plans and other programs prepared and adopted by the regional planning commission.
66.0309(12)(b)
(b) In addition to the other powers specified in this section a regional planning commission may enter into a contract with any local unit within the region under
s. 66.0301 to make studies and offer advice on any of the following topics:
66.0309(12)(b)1.
1. Land use, thoroughfares, community facilities, and public improvements.
66.0309(13)
(13) Aid from governmental agencies; gifts and grants. Aid, in any form, for the purpose of accomplishing the objectives of the regional planning commission may be accepted from all governmental agencies whether local, state or federal, if the conditions under which aid is furnished are not incompatible with the other provisions of this section. The regional planning commission may accept gifts and grants from public or private individuals or agencies if the conditions under which the grants are made are in accordance with the accomplishment of the objectives of the regional planning commission.
66.0309(14)(a)(a) For the purpose of providing funds to meet the expenses of a regional planning commission, the commission shall annually on or before October 1 prepare and approve a budget reflecting the cost of its operation and services to the local governmental units within the region. The amount of the budget charged to any local governmental unit shall be in the proportion of the equalized value for tax purposes of the land, buildings and other improvements on the land of the local governmental unit, within the region, to the total equalized value within the region. The amount charged to a local governmental unit shall not exceed .003 per cent of equalized value under its jurisdiction and within the region, unless the governing body of the unit expressly approves the amount in excess of that percentage. All tax or other revenues raised for a regional planning commission shall be forwarded by the treasurer of the local unit to the treasurer of the commission on written order of the treasurer of the commission.
66.0309(14)(b)
(b) Where one-half or more of the land within a county is within a region, the chairperson of the regional planning commission shall certify to the county clerk, before August 1 of each year, the proportionate amount of the budget charged to the county for the services of the regional planning commission. Unless the county board finds the charges unreasonable, and institutes the procedures under
par. (d), it shall take legislative action as necessary to provide the funds called for in the certified statement.
66.0309(14)(c)
(c) Where less than one-half of the land within a county is within a region, the chairperson of the regional planning commission shall before August 1 of each year certify to the clerk of the local governmental unit involved a statement of the proportionate charges assessed to that local governmental unit. The clerk shall extend the amount shown in the statement as a charge on the tax roll under
s. 281.43 (2).
66.0309(14)(d)
(d) If any local governmental unit makes a finding by resolution within 20 days of the certification to its clerk that the charges of the regional planning commission are unreasonable, it may take any of the following actions:
66.0309(14)(d)1.
1. Submit the issue to arbitration by 3 arbitrators, one to be chosen by the local governmental unit, one to be chosen by the regional planning commission, and the third to be chosen by the first 2 arbitrators. If the arbitrators are unable to agree, the vote of 2 shall be the decision. The arbitrators may affirm or modify the report, and shall submit their decision in writing to the local governmental unit and the regional planning commission within 30 days of their appointment unless the time is extended by agreement of the commission and the local governmental unit. The decision is binding. An election to arbitrate is a waiver of the right to proceed by action. Two-thirds of the expenses of arbitration shall be paid by the party requesting arbitration and the balance by the other.
66.0309(14)(d)2.
2. If a local governmental unit does not elect to arbitrate, it may institute a proceeding for judicial review under
ch. 227.
66.0309(14)(e)
(e) By agreement between the regional planning commission and a local governmental unit, special compensation to the commission for unique and special services provided to the local governmental unit may be arranged.
66.0309(14)(f)
(f) The regional planning commission may accept from any local governmental unit supplies, the use of equipment, facilities and office space and the services of personnel as part or all of the financial support assessed against the local governmental unit.
66.0309(15)
(15) Dissolution of regional planning commissions. Upon receipt of certified copies of resolutions recommending the dissolution of a regional planning commission adopted by the governing bodies of a majority of the local units in the region, including the county board of any county, part or all of which is within the region, and upon a finding that all outstanding indebtedness of the commission has been paid and all unexpended funds returned to the local units which supplied them, or that adequate provision has been made for the outstanding indebtedness or unexpended funds, the governor shall issue a certificate of dissolution of the commission which shall then cease to exist.
66.0309(16)
(16) Withdrawal. Within 90 days of the issuance by the governor of an order creating a regional planning commission, any local unit of government within the boundaries of the region may withdraw from the jurisdiction of the commission by a two-thirds vote of the members-elect of the governing body after a public hearing. Notice of withdrawal shall be given to the commission by registered mail not more than 3 nor less than 2 weeks before withdrawal and by publication of a class 2 notice, under
ch. 985. A local unit may withdraw from a regional planning commission at the end of any fiscal year by a two-thirds vote of the members-elect of the governing body taken at least 6 months before the effective date of the withdrawal. However, the local unit shall be responsible for its allocated share of the contractual obligations of the regional planning commission continuing beyond the effective date of its withdrawal.
66.0309 Annotation
Withdrawal from the commission by a municipality has no effect on the county's authority to contract with the commission under this section. Tanck v. Dane County Regional Planning Commission,
81 Wis. 2d 76,
260 N.W.2d 18 (1977).
66.0309 Annotation
With respect to claims of contractual interference and civil conspiracy, a plan commission is immune from suit. Busse v. Dane County Regional Planning Comm.
181 Wis. 2d 527,
510 N.W.2d 136 (Ct. App. 1993).
66.0309 Annotation
The representation provisions of sub. (3) do not violate the one man, one vote principle. 62 Atty. Gen. 136.
66.0309 Annotation
Appointments to regional planning commissions on behalf of a county, under sub. (3) (b), are made by the county board unless the county has a county executive or a county administrator, in which event the appointments are made by that county officer. 62 Atty. Gen. 197.
66.0309 AnnotationCommission employees have indemnity protection under s. 895.46 (1) (a).
77 Atty. Gen. 142.
66.0309 Annotation
The boundaries of existing multicounty regional planning commissions may only be altered following their dissolution under sub. (15).
81 Atty. Gen. 70.
66.0311
66.0311
Intergovernmental cooperation in financing and undertaking housing projects. 66.0311(2)(a)
(a) To issue bonds or obtain other types of financing in furtherance of its statutory purposes may cooperate with any other municipality, housing authority, development authority or redevelopment authority similarly authorized under
ss. 66.1201 to
66.1211 and
66.1301 to
66.1337 for the purpose of jointly issuing bonds or obtaining other types of financing.
66.0311(2)(b)
(b) To plan, undertake, own, construct, operate and contract with respect to any housing project in accordance with its statutory purposes under
ss. 66.1201 to
66.1211 and
66.1301 to
66.1337, may cooperate for the joint exercise of such functions with any other municipality, housing authority, development authority or redevelopment authority so authorized.
66.0311 History
History: 1999 a. 150 ss.
80,
350; Stats. 1999 s. 66.0311.
66.0313
66.0313
Law enforcement; mutual assistance. 66.0313(2)
(2) 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, law enforcement personnel, while acting in response to a request for assistance, shall be deemed employees of the requesting agency.
66.0313 History
History: 1999 a. 150 ss.
81,
362,
363; Stats. 1999 s. 66.0313.
66.0313 Annotation
The statutes do not permit the creation of a separate regional law enforcement agency; neither the sheriff nor the county board has power to delegate supervisory or law enforcement powers to such an agency. 63 Atty. Gen. 596.
66.0313 AnnotationA request for assistance may be implicit. United States v. Mattes,
687 F.2d 1039 (1982).
66.0315
66.0315
Municipal cooperation; federal rivers, harbors or water resources projects. A county, town, city or village acting under its powers and in conformity with state law may enter into an agreement with an agency of the federal government to cooperate in the construction, operation or maintenance of any federally authorized rivers, harbors or water resources management or control project or to assume any potential liability appurtenant to a project and may do all things necessary to consummate the agreement. If a project will affect more than one municipality, the municipalities affected may jointly enter into an agreement under this section with an agency of the federal government carrying any terms and provisions concerning the division of costs and responsibilities that are mutually agreed upon. The affected municipalities may by agreement submit any determinations of the division of construction costs, responsibilities, or any other liabilities among them to an arbitration board. The determination of the arbitration board shall be final. This section shall not be construed as a grant or delegation of power or authority to any county, town, city, village or other local municipality to do any work in or place any structures in or on any navigable water except as it is otherwise expressly authorized by state law to do.
66.0315 History
History: 1999 a. 150 s.
456; Stats. 1999 s. 66.0315.
66.0316
66.0316
Renew Wisconsin performance review. 66.0316(1)(a)
(a) "Analysis" means a performance analysis of the cost and benefit of a political subdivision providing a governmental service compared to a private person providing the same service.
66.0316(1)(e)
(e) "Governmental service" means a service related to any of the following:
66.0316(1)(f)
(f) "Political subdivision" means any city, village, town, or county with a population greater than 2,500.
66.0316(2)
(2) Pilot program. The department shall establish a pilot program to study governmental services delivered by and to political subdivisions. The department shall solicit political subdivisions to participate in the program. Based on the department's solicitation, the department shall select 5 political subdivisions to form councils as provided under
sub. (3) and shall include in that selection at least one county and at least one city, village, or town.
66.0316(3)(a)(a) No later than January 1, 2002, each political subdivision selected under
sub. (2) shall create a council consisting of 5 members, as follows:
66.0316(3)(a)1.
1. The chief executive officer of the political subdivision, or his or her designee.
