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
A plan commission is immune from suit with respect to claims of contractual interference and civil conspiracy. 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.
66.0312
66.0312
Local health departments; mutual assistance. 66.0312(2)(a)(a) Subject to
sub. (3), upon the request of a local health department, the personnel of any other local health department may assist the requester within the requester's jurisdiction, notwithstanding any other jurisdictional provision.
66.0312(2)(b)
(b) If a request for assistance is made under
par. (a), payment for the requested services shall be made by one of the following methods:
66.0312(2)(b)1.
1. If an agreement under
s. 66.0301, or any other agreement between the parties, for the payment of such services exists, the terms of the agreement shall be followed.
66.0312(2)(b)2.
2. If no agreement described under
subd. 1. for the payment of such services exists, the governmental unit that receives the assistance is responsible for the personnel or equipment costs incurred by the responding agency if the responding agency requests payment of those costs.
66.0312(3)
(3) This section does not apply during a state of emergency declared by the governor under
s. 323.10.
66.0312 History
History: 2003 a. 186;
2009 a. 42.
66.0312 Note
NOTE: 2003 Wis. Act 186, which affected this section, contains extensive explanatory notes.
66.03125
66.03125
Fire departments; mutual assistance. 66.03125(2)(a)(a) Subject to
sub. (3), upon the request of a fire department, the personnel of any other fire department may assist the requester within the requester's jurisdiction, notwithstanding any other jurisdictional provision.
66.03125(2)(b)
(b) If a request for assistance is made under
par. (a), payment for the requested services shall be made by one of the following methods:
66.03125(2)(b)1.
1. If an agreement under
s. 66.0301, or any other agreement between the parties, for the payment of such services exists, the terms of the agreement shall be followed.
66.03125(2)(b)2.
2. If no agreement described under
subd. 1. for the payment of such services exists, the governmental unit that receives the assistance is responsible for the personnel or equipment costs incurred by the responding agency if the responding agency requests payment of those costs.
66.03125(3)
(3) This section does not apply during a state of emergency declared by the governor under
s. 323.10.
66.03125 History
History: 2003 a. 186;
2009 a. 42.
66.03125 Note
NOTE: 2003 Wis. Act 186, which affected this section, contains extensive explanatory notes.
66.0313
66.0313
Law enforcement; mutual assistance. 66.0313(2)
(2) Except as provided in
sub. (4), 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 and, to the extent that those sections apply to law enforcement personnel and a law enforcement agency acting under or affected by this section,
ss. 895.35 and
895.46 shall apply to tribal law enforcement personnel and a tribal law enforcement agency acting under or affected by this section.
66.0313(3)
(3) The provisions of
s. 66.0513 apply to this section and, to the extent that
s. 66.0513 applies to law enforcement personnel and a law enforcement agency acting under or affected by this section, it applies to tribal law enforcement personnel and a tribal law enforcement agency acting under or affected by this section.
66.0313(4)
(4) A law enforcement agency, other than a tribal law enforcement agency, may not respond to a request for assistance from a tribal law enforcement agency at a location outside the law enforcement agency's territorial jurisdiction unless all of the following apply:
66.0313(4)(a)1.
1. The governing body of the tribe that created the tribal law enforcement agency adopts and has in effect a resolution that includes a statement that the tribe waives its sovereign immunity to the extent necessary to allow the enforcement in the courts of this state of its liability under
sub. (2) and
s. 66.0513 or another resolution that the department of justice determines will reasonably allow the enforcement in the courts of this state of the tribe's liability under
sub. (2) and
s. 66.0513.
66.0313(4)(a)2.
2. The tribal law enforcement agency or the tribe that created the tribal law enforcement agency maintains liability insurance that does all of the following:
66.0313(4)(a)2.b.
b. Has a limit of coverage not less than $2,000,000 for any occurrence.
66.0313(4)(a)2.c.
c. Provides that the insurer, in defending a claim against the policy, may not raise the defense of sovereign immunity of the insured up to the limits of the policy.
66.0313(4)(a)3.
3. The law enforcement agency and the tribal law enforcement agency have in place an agreement under which the law enforcement agency accepts liability under
sub. (2) and
s. 66.0513 for instances in which it responds to a request for assistance from the tribal law enforcement agency.
66.0313(4)(b)
(b) The tribal law enforcement agency requesting assistance has provided to the department of justice a copy of the resolution under
par. (a) 1., proof of insurance under
par. (a) 2., or a copy of the agreement under
par. (a) 3., and the department of justice has posted either a copy of the document or notice of the document on the Internet site it maintains for exchanging information with law enforcement agencies.
66.0313 History
History: 1999 a. 150 ss.
81,
362,
363; Stats. 1999 s. 66.0313;
2009 a. 264.
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).
66.0314
66.0314
State of emergency; mutual assistance. 66.0314(1)(a)
(a) "Emergency management program" means the emergency management program of a city, village, town, or county, under
s. 323.14 (1).
66.0314(1)(b)
(b) "Emergency medical services program" means a program established under
s. 256.12.
66.0314(1)(c)
(c) "Fire department" means any public organization engaged in fire fighting or a private sector employer fire company or fire department organized as a nonstock, nonprofit corporation under
ch. 181 or
ch. 213 without the input of a municipality.
66.0314(1)(d)
(d) "Incident command system" means a functional management system established to control, direct, and manage the roles, responsibilities, and operations of all of the agencies involved in a multi-jurisdictional or multi-agency emergency response, which may include authorities designated by a participating tribe or band.
66.0314(1)(e)
(e) "Local health department" has the meaning given in
s. 250.01 (4), and also includes an entity designated by a participating tribe or band as a local health department.
66.0314(1)(fe)
(fe) "Tribe or band" means a federally recognized American Indian tribe or band in this state.
66.0314(2)(a)(a) If the governor declares a state of emergency under
s. 323.10, upon the request of a city, village, town, or county, or a person acting under an incident command system, the personnel of any emergency management program, emergency medical services program, fire department, or local health department may assist the requester within the requester's jurisdiction, notwithstanding any other jurisdictional provision.
66.0314(2)(b)
(b) If a request for assistance is made under
par. (a), the governmental unit that receives the assistance is responsible for the personnel or equipment costs incurred by the responding agency to the extent that federal, state, and other 3rd-party reimbursement is available if all of the following apply:
66.0314 Note
NOTE: 2003 Wis. Act 186, which affected this section, contains extensive explanatory notes.
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:
