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:
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.
66.0316(3)(a)2.
2. A member who is an employee of the political subdivision.
66.0316(3)(a)3.
3. A member with cost accounting experience who is a resident of the political subdivision and who is not a political subdivision officer or employee.
66.0316(3)(a)4.
4. Two members, not including the member under
subd. 3., who are residents of the political subdivision and who are not political subdivision officers or employees.
66.0316(3)(b)
(b) The political subdivision's chief executive officer shall appoint the council members under
par. (a) 2. to
4. The chief executive officer shall appoint 2 members to initial terms of 2 years and the remaining 2 members to initial terms of 4 years. The chief executive officer shall appoint the respective successors of the members under
par. (a) 2. to
4. to terms of 4 years. All members under
par. (a) 2. to
4. shall serve until their successors are appointed and qualified.
66.0316(3)(c)
(c) The council shall organize annually at its first meeting to elect a chairperson. Four members of the council shall constitute a quorum.
66.0316(4)
(4) Duties of council. The council shall conduct an analysis of governmental services provided by the political subdivision with which the council is affiliated. In conducting such an analysis, the council shall do all of the following:
66.0316(4)(a)
(a) Establish specific benchmarks for performance, including goals related to intergovernmental cooperation to provide governmental services.
66.0316(4)(b)
(b) Conduct research and establish new methods to promote efficiency in the delivery of governmental services.
66.0316(4)(c)
(c) Identify and recommend collaborative agreements to be developed with other political subdivisions to deliver governmental services.
66.0316(5)(a)(a) A council may conduct an analysis of a governmental service provided by the political subdivision with which the council is affiliated on its own or after receiving any of the following:
66.0316(5)(a)1.
1. A written suggestion regarding delegating a governmental service to a private person.
66.0316(5)(a)2.
2. A written complaint that a governmental service provided by the political subdivision is competing with the same or a similar service provided by a private person.
66.0316(5)(a)3.
3. A written suggestion by a political subdivision employee or political subdivision employee labor organization to review a governmental service delegated to a private person.
66.0316(5)(b)
(b) After receiving a suggestion or complaint under
par. (a), the council shall meet to decide whether an analysis of the governmental service indicated in the suggestion or complaint is necessary. The council may hold hearings, conduct inquiries, and gather data to make its decision. If the council decides to analyze a governmental service under this paragraph, the council shall do all of the following:
66.0316(5)(b)1.
1. Determine the costs of providing the governmental service, including the cost of personnel and capital assets used in providing the service.
66.0316(5)(b)2.
2. Determine how often and to what extent the governmental service is provided and the quality of the governmental service provided.
66.0316(5)(b)3.
3. Make a cost-benefit determination based on the findings under
subds. 1. and
2.
66.0316(5)(b)4.
4. Determine whether a private person can provide the governmental service at a cost savings to the political subdivision providing the service and at a quality at least equal to the quality of the service provided by the political subdivision.
66.0316(5)(b)5.
5. If the council decides that a governmental service is not suitable for delegating to a private person, determine whether the governmental service should be retained in its present form, modified, or eliminated.
