Chapter 66

66.0137(1)(am)1. 1. Any person employed by a political subdivision for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed to enforce.

66.0137(1)(am)2. 2. Any jailer who, under the direction of a sheriff under s. 59.27 (1), keeps persons in a county jail.

66.0137(1)(am)3. 3. A Marquette University police officer, as defined in s. 175.42 (1) (b).

66.0137(1)(am)4. 4. A state patrol officer, as that term is defined in s. 252.01 (7).

66.0137(1)(am)5. 5. A state capitol police officer.

66.0137(1)(am)6. 6. A University of Wisconsin System police officer.

66.0137(1)(am)7. 7. An officer of the division of criminal investigation.

66.0137(1)(am)8. 8. A department of natural resources conservation warden.

66.0137(1)(am)9. 9. A county sheriff, undersheriff, or deputy sheriff.

66.0137(1)(am)10. 10. A chief of police.

66.0137(1)(am)11. 11. A special agent employed by the department of revenue who is authorized to act under s. 73.031.

66.0137(1)(am)12. 12. A state fair park police officer duly appointed under s. 42.01 (2).

66.0137(1)(ap) (ap) “Line of duty activity” means any employment-related action taken by a law enforcement officer, fire fighter, or emergency medical services practitioner that is required or authorized by law, rule, regulation, or condition of employment and for which compensation is provided by his or her employing agency or would have been eligible to have been provided by the employing agency if the law enforcement officer, fire fighter, or emergency medical services practitioner had been on duty when he or she took the action in question.

66.0137(1)(as) (as) “Local governmental unit” means a political subdivision, school district (as enumerated in s. 67.01 (5)), sewerage district, drainage district, and, without limitation because of enumeration, any other political subdivision of the state.

66.0137(1)(b) (b) “Municipality” means any city, village, or town.

66.0137(1)(c) (c) “Political subdivision” means any municipality or county.

66.0137(2) (2) Liability and worker’s compensation insurance. The state or a local governmental unit may procure risk management services and liability insurance covering the state or local governmental unit and its officers, agents and employees and worker’s compensation insurance covering officers and employees of the state or local governmental unit. A local governmental unit may participate in and pay the cost of risk management services and liability and worker’s compensation insurance through a municipal insurance mutual organized under s. 611.23.

66.0137(3) (3) Health insurance for unemployed persons. Any political subdivision may purchase health or dental insurance for unemployed persons residing in the political subdivision who are not eligible for medical assistance under s. 49.46, 49.468, 49.47, or 49.471 (4) (a).

66.0137(4) (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.722, 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.861, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

66.0137(4m) (4m) Joint self-insured plans and stop loss insurance.

66.0137(4m)(a) (a) Notwithstanding sub. (1) (as), in this subsection, “local governmental unit” means a city, village, town, county, or school district.

66.0137(4m)(b) (b) A local governmental unit and one or more other local governmental units, that together have at least 100 employees, may jointly provide health care benefits to their officers and employees on a self insured basis.

66.0137(4m)(bm) (bm) A technical college district and one or more other technical college districts, that together have at least 100 employees, may jointly do any of the following:

66.0137(4m)(bm)1. 1. Provide health care benefits to their officers and employees on a self-insured basis.

66.0137(4m)(bm)2. 2. Procure stop loss insurance.

66.0137(4m)(bm)3. 3. Self-insure stop loss risk.

66.0137(4m)(c) (c) Any plan under par. (b) or (bm) 1. shall comply with the provisions listed in sub. (4).

66.0137(4t) (4t) Health insurance for protective services employees. If a 1st class city offers health care insurance to employees who are police officers, fire fighters, or emergency medical services practitioners, as defined in s. 256.01 (5), the 1st class city shall also offer to the employees who are police officers, fire fighters, or emergency medical services practitioners a high-deductible health plan.

66.0137(5) (5) Hospital, accident and life insurance.

66.0137(5)(a) (a) In this subsection, “local governmental unit” includes the school district operating under ch. 119.

66.0137(5)(b) (b) The state or a local governmental unit may provide for the payment of premiums or cost sharing for hospital, surgical and other health and accident insurance and life insurance for employees and officers, their spouses, and dependent children. A local governmental unit may also provide for the payment of premiums or cost sharing for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40. A local governmental unit that elects to participate under s. 40.51 (7) is subject to the applicable sections of ch. 40 instead of this subsection.

66.0137(5)(c) (c)

66.0137(5)(c)1. 1. Except as provided in subds. 2. and 3., if a municipality provides for the payment of premiums for hospital, surgical, and other health insurance for its fire fighters, it shall continue to pay such premiums for the surviving spouse and dependent children of the fire fighter who dies in the line of duty.

66.0137(5)(c)1m. 1m. Except as provided in subds. 2. and 3., if a political subdivision, the state, the Board of Regents, or Marquette University provides for the payment of premiums for hospital, surgical, and other health insurance for its law enforcement officers or emergency medical services practitioners, it shall continue to pay such premiums for the surviving spouse and dependent children of the law enforcement officer or emergency medical services practitioner who dies in the line of duty.

66.0137(5)(c)2. 2. A political subdivision, the state, the Board of Regents, or Marquette University may not be required to pay the premiums described in subd. 1. or 1m. for a surviving spouse upon the remarriage of the surviving spouse or upon the surviving spouse reaching the age of 65.

66.0137(5)(c)3. 3. An individual is not a dependent child for the purposes of subd. 1. or 1m. after the individual reaches the age of 26.

66.0137(5)(c)4. 4. Except as needed to administer this paragraph, a political subdivision, the state, the Board of Regents, and Marquette University shall keep confidential any personally identifiable information, as defined in s. 19.62 (5), of a surviving spouse and dependent children for whom the political subdivision, the state, the Board of Regents, or university makes a payment under this paragraph.

66.0137(5)(d) (d) If a political subdivision pays the premiums described in par. (c) 1. or 1m., annually, in order to receive reimbursement, the political subdivision shall report to the department of revenue by March 15 of each year the amounts paid in the previous calendar year.

66.0137 History History: 1999 a. 9, 115; 1999 a. 150 ss. 34, 303 to 306; Stats. 1999 s. 66.0137; 1999 a. 186 s. 63; 2001 a. 16, 30; 2005 a. 194; 2005 a. 443 s. 265; 2007 a. 20, 36; 2009 a. 14, 28, 146, 180, 218, 276, 285; 2011 a. 260; 2013 a. 20; 2013 a. 116 s. 29; 2013 a. 117 s. 2, 3; 2013 a. 186; 2015 a. 55; 2017 a. 12, 30, 59; 2019 a. 19, 185; 2021 a. 9, 239; 2023 a. 91.

66.0137 Annotation Section 66.185 [now sub. (5)] does not prohibit providing health insurance benefits to persons not listed in the statute if authority is granted by other statutes. Sections 120.12, 120.13, and 120.44, broadly construed as required by s. 118.001, grant broad powers, including that of providing insurance to persons not listed in this section. Pritchard v. Madison Metropolitan School District, 2001 WI App 62, 242 Wis. 2d 301, 625 N.W.2d 613, 00-0848.

66.0137 Annotation This section authorizes the purchase of liability insurance for state officers, agents, and employees for errors or omissions in carrying out the responsibility of their governmental positions. 58 Atty. Gen. 150.

66.0139 66.0139 Disposal of abandoned property.

66.0139(1) (1) In this section, “political subdivision” means a city, village, town or county.

66.0139(2) (2) A political subdivision may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days, after the taking of possession of the property by an officer of the political subdivision by any means determined to be in the best interest of the political subdivision. If the property is not disposed of in a sale open to the public, the political subdivision shall maintain an inventory of the property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the treasury of the political subdivision.

66.0139(3) (3) A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive, or incendiary substances, materials, or devices that pose a danger to life or property in their storage, transportation, or use immediately after taking possession of the substances, materials, or devices without a public auction. The political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials, or devices that have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, a disposal procedure shall include a presumption that if the substance, material, or device appears to be or is reported stolen, an attempt will be made to return the substance, material, or device to the rightful owner.

66.0139(4) (4) Except as provided in s. 968.20 (3), a 1st class city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition are subject to sub. (5).

66.0139(5) (5) A political subdivision may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under s. 968.20.

66.0139 History History: 1979 c. 221, 222, 355; 1985 a. 29; 1987 a. 203; 1991 a. 269; 1993 a. 90; 1995 a. 157; 1999 a. 150 ss. 35, 324, 325; Stats. 1999 s. 66.0139; 2001 a. 103.

66.0141 66.0141 Accident record systems. Every city, village and town having a population of 5,000 or more shall maintain a traffic accident record system whereby traffic accidents occurring within the city, village or town may be located within 100 feet of the occurrence and shall provide a copy of the record quarterly to the county traffic safety commission under s. 83.013 (1) (a).

66.0141 History History: 1975 c. 381; 1983 a. 291; 1993 a. 246; 1999 a. 150 s. 118; Stats. 1999 s. 66.0141.

66.0143 66.0143 Local appeals for exemption from state mandates.

66.0143(1) (1) Definitions. In this section:

66.0143(1)(a) (a) “Political subdivision” means a city, village, town, or county.

66.0143(1)(b) (b) “State mandate” means a state law that requires a political subdivision to engage in an activity or provide a service, or to increase the level of its activities or services.

66.0143(2) (2) Appeals for exemptions.

66.0143(2)(a) (a) A political subdivision may file a request with the department of revenue for a waiver from a state mandate, except for a state mandate that is related to any of the following:

66.0143(2)(a)1. 1. Health.

66.0143(2)(a)2. 2. Safety.

66.0143(2)(b) (b) An administrative agency, or the department of revenue, may grant a political subdivision a waiver from a state mandate as provided in par. (c).

66.0143(2)(c) (c) The political subdivision shall specify in its request for a waiver its reason for requesting the waiver. Upon receipt of a request for a waiver, the department of revenue shall forward the request to the administrative agency that is responsible for administrating the state mandate. The agency shall determine whether to grant the waiver and shall notify the political subdivision and the department of revenue of its decision in writing. If no agency is responsible for administrating the state mandate, the department of revenue shall determine whether to grant the waiver and shall notify the political subdivision of its decision in writing.

66.0143(3) (3) Duration of waivers. A waiver is effective for 4 years. The administrative agency may renew the waiver for additional 4-year periods. If a waiver is granted by the department of revenue, the department may renew the waiver under this subsection.

66.0143(4) (4) Evaluation. By July 1, 2004, the department of revenue shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3). The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request, and the financial effects on the political subdivision of each waiver that was granted.

66.0143 History History: 2001 a. 109; 2003 a. 321.

66.0144 66.0144 Advisory referenda. No city, village, or town may conduct a referendum for advisory purposes, except as provided under s. 66.0305 (6), 66.0307 (4) (e), 66.0420 (12) (b) 2., 66.0422 (3) (b), or 196.204 (2m) (b) 2. or for an advisory referendum regarding capital expenditures proposed to be funded by the property tax levy of the city, village, or town.

66.0144 History History: 2023 a. 12.

66.0145 66.0145 No preferences in hiring or contracting.

66.0145(1) (1) In this section, “political subdivision” means a county, city, village, or town.

66.0145(2) (2) Unless required to secure federal aid, no political subdivision may discriminate against, or grant preferential treatment on the basis of, race, color, ancestry, national origin, or sexual orientation in making employment decisions regarding employees of a political subdivision or contracting for public works.

66.0145 History History: 2023 a. 12.

subch. II of ch. 66 SUBCHAPTER II

INCORPORATION; MUNICIPAL BOUNDARIES

66.0201 66.0201 Incorporation of villages and cities; purpose and definitions.

66.0201(1) (1) Purpose. It is the policy of this state that the development of territory from town to incorporated status proceed in an orderly and uniform manner and that toward this end each proposed incorporation of territory as a village or city be reviewed as provided in ss. 66.0201 to 66.0213 to assure compliance with certain minimum standards which take into account the needs of both urban and rural areas.

66.0201(2) (2) Definitions. In ss. 66.0201 to 66.0213, unless the context requires otherwise:

66.0201(2)(am) (am) “Board” means the incorporation review board.

66.0201(2)(ar) (ar) “Department” means the department of administration.

66.0201(2)(bm) (bm) “Isolated municipality” means any existing or proposed village or city entirely outside any metropolitan community at the time of its incorporation.

66.0201(2)(c) (c) “Metropolitan community” means the territory consisting of any city having a population of 25,000 or more, or any 2 incorporated municipalities whose boundaries are within 5 miles of each other whose populations aggregate 25,000, plus all the contiguous area which has a population density of 100 persons or more per square mile, or which the department has determined on the basis of population trends and other pertinent facts will have a minimum density of 100 persons per square mile within 3 years.

66.0201(2)(d) (d) “Metropolitan municipality” means any existing or proposed village or city entirely or partly within a metropolitan community.

66.0201(2)(dm) (dm) “Population” means the population of a local unit as shown by the last federal census or by any subsequent population estimate certified as acceptable by the department.

66.0201 History History: 1977 c. 29; 1979 c. 361 s. 112; 1991 a. 39; 1995 a. 27 ss. 3306 and 9116 (5); 1997 a. 27; 1999 a. 150 s. 33; Stats. 1999 s. 66.0201; 1999 a. 186; 2003 a. 171.

66.0203 66.0203 Procedure for incorporation of villages and cities.

66.0203(1) (1) Notice of intention. At least 10 days and not more than 20 days before the circulation of an incorporation petition, a notice setting forth that the petition is to be circulated and including an accurate description of the territory involved shall be published within the county in which the territory is located as a class 1 notice, under ch. 985.

66.0203(2) (2) Petition.

66.0203(2)(a) (a) The petition for incorporation of a village or city shall be in writing signed by 50 or more persons who are both electors and freeholders in the territory to be incorporated if the population of the proposed village or city includes 300 or more persons; otherwise by 25 or more persons who are both electors and freeholders in the territory to be incorporated.

66.0203(2)(b) (b) The petition shall be addressed to and filed with the circuit court of a county in which all or a major part of the territory to be incorporated is located. The incorporation petition is void unless filed within 6 months of the date of publication of the notice of intention to circulate.

66.0203(2)(c) (c) The petition shall designate a representative of the petitioners, and an alternate, who shall be an elector or freeholder in the territory, and state that person’s address; describe the territory to be incorporated with sufficient accuracy to determine its location and have attached to the petition a scale map reasonably showing the boundaries of the territory; specify the current resident population of the territory by number in accordance with the definition given in s. 66.0201 (2) (dm); set forth facts substantially establishing the required standards for incorporation; and request the circuit court to order a referendum and to certify the incorporation of the village or city when it is found that all requirements have been met.

66.0203(2)(e) (e) No person who has signed a petition may withdraw his or her name from the petition. No additional signatures may be added after a petition is filed.

66.0203(2)(f) (f) The circulation of the petition shall commence not less than 10 days nor more than 20 days after the date of publication of the notice of intention to circulate.