Feed for /2009/related/proposals/ab145 PDF
March 13, 2009 - Introduced by Representatives Kessler, A. Williams and Turner,
cosponsored by Senator Taylor. Referred to Committee on State Affairs and
Homeland Security.
AB145,1,4 1An Act to amend 5.15 (1) (b), 5.15 (1) (c), 5.15 (2) (d), 5.18, 59.10 (2) (a), 59.10
2(3) (b) 1., 59.10 (3) (b) 2., 59.10 (6), 62.08 (1), 62.08 (5) and 119.08 (1) (b) of the
3statutes; relating to: legislative review of municipal ward, supervisory
4district, aldermanic district, and certain school district election district plans.
Analysis by the Legislative Reference Bureau
Currently, within 60 days after the decennial population count, by block,
becomes available from the U.S. Bureau of the Census, but no later than July 1 of
each year following the year of the census, each county board of supervisors must
submit to each municipality having territory in the county a tentative supervisory
district plan or a description of boundary requirements for such a plan. Within 60
days after the receipt of this information from the county board of each county in
which a municipality is located, each municipality having a population of 1,000 or
more must adopt or readjust wards in accordance with statutory population
parameters. In enacting or adopting its plan, a municipality must make a good faith
effort to reflect the county's requirements in enacting a supervisory district plan.
Within 60 days after every municipality having territory within a county enacts or
adopts a ward division plan, the county must enact a final supervisory district plan
combining contiguous whole wards to form supervisory districts.
This bill shortens the maximum time period specified for action at each of the
above stages of the redistricting process to 45 days. The bill also provides that upon
enactment or adoption of a municipal ward division plan, the clerk of a municipality
must submit a certified copy of the plan to the appropriate standing committees of

the legislature. If, within 45 days of the receipt of the plan, the legislature enacts
a law making changes to the wards within a municipality, the municipality must
incorporate the changes into its ward division plan, which then takes effect. If,
within 45 days of the receipt of the plan, the legislature does not enact a law making
changes to the wards within the municipality, the municipal ward division plan
takes effect as submitted. In addition, the bill provides that upon enactment or
adoption of a final county supervisory district plan, an aldermanic district plan or an
election district plan in a school district serving a first class city (Milwaukee), the
county, city, or school district clerk must submit a certified copy of the plan to the
appropriate standing committees of the legislature. If, within 30 days of receipt of
the plan, the legislature enacts a law making changes in the supervisory, aldermanic,
or election districts, the county, city, or school district must incorporate the changes
into its plan, which then takes effect. If, within 30 days of receipt of the plan, the
legislature does not enact a law making changes to the supervisory, aldermanic, or
election districts within the plan, the plan takes effect as submitted. Because the
legislature has inherent authority to establish municipal wards or to change ward
boundaries as a part of a congressional or legislative redistricting plan, the bill does
not preclude the legislature from making other changes in municipal ward
boundaries as a part of such a plan.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB145, s. 1 1Section 1. 5.15 (1) (b) of the statutes is amended to read:
AB145,3,202 5.15 (1) (b) Except as authorized in sub. (2) (a), within 60 45 days after the
3receipt of a tentative supervisory district plan and written statement, if any, from the
4county board of each county in which a municipality is located, the governing body
5of the municipality shall adjust its wards according to the schedule shown in sub. (2).
6All territory contained within the municipality, and only the territory so contained,
7on August 1 following the year of the federal decennial census shall be contained
8within a ward. Except as authorized in sub. (2), each ward shall consist of whole
9blocks. To suit the convenience of the voters residing therein each ward shall, as far
10as practicable, be kept compact and observe the community of interest of existing
11neighborhoods and other settlements. All territory within a ward shall be
12contiguous, except for island territory as defined in sub. (2) (f) 3. Enactment or

1adoption of a division ordinance or resolution requires the affirmative vote of a
2majority of the members of the governing body. Immediately upon enactment of a
3division ordinance or resolution, the clerk of the municipality shall submit a certified
4copy of the ordinance or resolution to the appropriate standing committees of each
5house of the legislature under s. 13.172 (3). If the legislature does not enact a law
6making changes in the wards of the municipality submitting a plan within 45 days
7of the date of receipt of the certified copy of the ordinance or resolution of a
8municipality under this paragraph, the ordinance or resolution takes effect upon
9expiration of the 45-day period. If, within 45 days of the date of receipt of the
10certified copy of an ordinance or resolution of a municipality under this paragraph,
11the legislature enacts a law making changes in the wards of a municipality
12submitting a division ordinance or resolution, the municipality shall revise and
13reenact or readopt its ordinance or resolution to reflect the changes specified by law.
14The ordinance or resolution shall then take effect. This paragraph does not preclude
15the legislature from adjusting the ward boundaries of any municipality, as a matter
16of statewide concern, in the enactment of congressional districts or in the enactment
17of legislative districts under article IV, section 3 of the constitution, on the basis of
18the most recent decennial census of population. An ordinance or resolution enacted
19under s. 61.189 (1), 66.0211 (1), 66.0215 (2), or 66.0216 (2) (d) is not required to be
20submitted under this paragraph.
AB145, s. 2 21Section 2. 5.15 (1) (c) of the statutes is amended to read:
AB145,4,622 5.15 (1) (c) The wards established by municipal governing bodies under this
23section on the basis of the published results of each federal decennial census of
24population, as adjusted under par. (b), shall govern the adjustment of supervisory
25districts under s. 59.10 (2) (a) and (3) (b) and of aldermanic districts under s. 62.08

1(1) for the purpose of local elections beginning on January 1 of the 2nd year
2commencing after the year of the census until revised under this section on the basis
3of the results of the next decennial census of population unless adjusted under sub.
4(2) (f) 4., (6) (a) or (7), or unless adjusted, as a matter of statewide concern, in the
5enactment of legislative districts under article IV, section 3, of the constitution on the
6basis of the most recent decennial census of population.
AB145, s. 3 7Section 3. 5.15 (2) (d) of the statutes is amended to read:
AB145,4,138 5.15 (2) (d) Every municipality shall make a good faith effort to accommodate
9the tentative plan submitted by the county or counties in which it is located under
10s. 59.10 (2) (a) or (3) (b) 1., and shall divide itself into wards , consistently with any
11adjustments made by law under sub. (1) (b),
in such a manner that will permit the
12creation of county supervisory districts in accordance with the population
13requirements for the plan specified in s. 59.10 (2) (a) or (3) (b) 1.
AB145, s. 4 14Section 4. 5.18 of the statutes is amended to read:
AB145,5,3 155.18 Enforcement of division requirement. If any municipality fails to
16comply with s. 5.15, the county in which the municipality is located or any elector of
17the municipality may submit to the circuit court for any county in which the
18municipality is located within 14 days from the expiration of the 60-day 45-day
19period under s. 5.15 (1) (b) a proposed plan for the division of the municipality into
20wards in compliance with this section. If the circuit court finds that the existing
21division of the municipality into wards fails to comply with s. 5.15, it shall review the
22plan submitted by the petitioner and after reasonable notice to the municipality may
23promulgate the plan, or any other plan in compliance with s. 5.15, as a temporary
24ward plan for the municipality to remain in effect until superseded by a ward plan
25adopted by the governing body in compliance with s. 5.15. Upon promulgation of a

1temporary ward plan or enactment of any subsequent plan under s. 5.15, the clerk
2of the municipality shall submit a certified copy of the plan to the appropriate
3standing committees of the legislature under s. 5.15 (1) (b).
AB145, s. 5 4Section 5. 59.10 (2) (a) of the statutes is amended to read:
AB145,5,185 59.10 (2) (a) Composition; supervisory districts. Within 60 45 days after the
6population count by block, established in the decennial federal census of population,
7and maps showing the location and numbering of census blocks become available in
8printed form from the federal government or are published for distribution by an
9agency of this state, but no later than July 1 following the year of each decennial
10census, the board shall adopt and transmit to the governing body of each city and
11village wholly or partially contained within the county a tentative county
12supervisory district plan to be considered by the cities and villages when dividing
13into wards. The plan shall specify the number of supervisors to be elected and shall
14divide the county into a number of districts equal to the number of supervisors, with
15each district substantially equal in population and consisting of contiguous whole
16wards. Except as otherwise provided in this paragraph, the board shall develop and
17adopt the tentative plan in accordance with sub. (3) (b) 1. The board shall adopt a
18final plan by enacting an ordinance in accordance with sub. (3) (b) 2. to 4.
AB145, s. 6 19Section 6. 59.10 (3) (b) 1. of the statutes is amended to read:
AB145,6,1520 59.10 (3) (b) 1. Within 60 45 days after the population count by block,
21established in the decennial federal census of population, and maps showing the
22location and numbering of census blocks become available in printed form from the
23federal government or are published for distribution by an agency of this state, but
24no later than July 1 following the year of each decennial census, each board shall
25propose a tentative county supervisory district plan setting forth the number of

1supervisory districts and tentative boundaries or a description of boundary
2requirements, hold a public hearing on the proposed plan and adopt a tentative plan.
3The proposed plan may be amended after the public hearing. The board shall solicit
4suggestions from municipalities concerning the development of an appropriate plan.
5The board shall transmit to each municipal governing body in the county the
6tentative plan that is adopted. Each district shall consist of whole wards or
7municipalities. Each district shall be designated to be represented by one supervisor,
8and all districts shall be substantially equal in population. In the tentative plan, the
9board shall, whenever possible, place whole contiguous municipalities or contiguous
10parts of the same municipality within the same district. If the division of a
11municipality is sought by the board, the board shall provide with the plan a written
12statement to the municipality affected by each proposed division specifying the
13approximate location of the territory from which a ward is sought to be created for
14contiguity purposes and the approximate population of the ward proposed to
15effectuate the division.
AB145, s. 7 16Section 7. 59.10 (3) (b) 2. of the statutes is amended to read:
AB145,7,1617 59.10 (3) (b) 2. Within 60 45 days after a ward division ordinance or resolution
18becomes effective under s. 5.15 (1) and (2) in
every municipality in the county adjusts
19its wards under s. 5.15
, the board shall hold a public hearing and shall then adopt
20a final supervisory district plan, numbering each district. Wards within each
21supervisory district created by the plan shall be contiguous, except that one or more
22wards located within a city or village which is wholly surrounded by another city or
23water, or both, may be combined with one or more noncontiguous wards, or one or
24more wards or portions of wards consisting of island territory as defined in s. 5.15
25(2) (f) 3. may be combined with one or more noncontiguous wards or portions of wards

1within the same municipality, to form a supervisory district. Immediately upon
2enactment of an ordinance containing the final supervisory district plan, the clerk
3shall submit a certified copy of the ordinance to the appropriate standing committees
4of each house of the legislature under s. 13.172 (3). If the legislature does not enact
5a law making changes in the supervisory districts of the county submitting the
6ordinance within 30 days of the date of receipt of the certified copy of the ordinance
7under this paragraph, the ordinance takes effect upon expiration of the 30-day
8period. If, within 30 days of receipt of the certified copy of the ordinance under this
9paragraph, the legislature enacts a law making changes in the supervisory districts
10of the county submitting the ordinance, the county shall revise and reenact its
11ordinance to reflect the changes specified by law. The ordinance shall then take
12effect. This paragraph does not preclude the legislature from adjusting the
13supervisory district boundaries of any county, as a matter of statewide concern, in
14the enactment of congressional districts or in the enactment of legislative districts
15under article IV, section 3 of the constitution, on the basis of the most recent
16decennial census of population.
AB145, s. 8 17Section 8. 59.10 (6) of the statutes is amended to read:
AB145,8,318 59.10 (6) Enforcement of division requirement. If a county fails to comply
19with sub. (2) (a) or (3) (b), any municipality located in whole or in part within the
20county or any elector of the county may submit to the circuit court for the county
21within 14 days from the expiration of either 60-day 45-day period under sub. (2) (a)
22or (3) (b) a proposed tentative or final plan for creation of supervisory districts in
23compliance with this section. If the court finds that the existing division of the county
24into supervisory districts fails to comply with this section, it shall review the plan
25submitted by the petitioner and after reasonable notice to the county may

1promulgate the plan, or any other plan in compliance with this section, as a
2temporary supervisory district plan until superseded by a districting plan adopted
3by the board in compliance with this section.
AB145, s. 9 4Section 9. 62.08 (1) of the statutes is amended to read:
AB145,9,45 62.08 (1) Within 60 45 days after the wards have been readjusted a ward
6division ordinance or resolution
under s. 5.15 (1) and (2) becomes effective in a city,
7including a city of the first class,
the common council of every the city, including any
8city of the first class,
shall redistrict the boundaries of its aldermanic districts, by an
9ordinance introduced at a regular meeting of the council, published as a class 2
10notice, under ch. 985, and thereafter adopted by a majority vote of all the members
11of the council, so that all aldermanic districts are as compact in area as possible and
12contain, as nearly as practicable by combining contiguous whole wards, an equal
13number of inhabitants according to the most recent decennial federal census of
14population. Immediately upon enactment of an ordinance containing the final
15aldermanic district plan, the city clerk shall submit a certified copy of the plan to the
16appropriate standing committees of the legislature under s. 13.172 (3). If the
17legislature does not enact a law making changes in the aldermanic districts of the
18city submitting the ordinance within 30 days of the date of receipt of the certified copy
19of the ordinance under this subsection, the ordinance takes effect upon expiration of
20the 30-day period. If, within 30 days of receipt of the certified copy of the ordinance
21under this subsection, the legislature enacts a law making changes in the aldermanic
22districts of the city submitting the ordinance, the city shall revise and reenact its
23ordinance to reflect the changes specified by law. The ordinance shall then take
24effect. This subsection does not preclude the legislature from adjusting the
25aldermanic district boundaries of any city, as a matter of statewide concern, in the

1enactment of congressional districts or in the enactment of legislative districts under
2article IV, section 3 of the constitution, on the basis of the most recent decennial
3census of population. An ordinance enacted under s. 61.189 (1) or 66.0211 (1) is not
4required to be submitted under this subsection.
AB145, s. 10 5Section 10. 62.08 (5) of the statutes is amended to read:
AB145,9,146 62.08 (5) If a city fails to comply with sub. (1), any elector of the city may submit
7to the circuit court for any county in which the city is located within 14 days from the
8expiration of the 60-day 45-day period under sub. (1) a proposed plan for creation
9of aldermanic districts in compliance with this section. If the court finds that the
10existing division of the city into aldermanic districts fails to comply with this section,
11it shall review the plan submitted by the petitioner and after reasonable notice to the
12city may promulgate the plan, or any other plan in compliance with this section, as
13a temporary aldermanic district plan until superseded by a districting plan adopted
14by the council in compliance with this section.
AB145, s. 11 15Section 11. 119.08 (1) (b) of the statutes is amended to read:
AB145,9,2516 119.08 (1) (b) Within 60 45 days after the common council of the city enacts an
17ordinance determining or adopts a resolution adjusting the boundaries of the
18aldermanic districts
wards in the city following the federal decennial census under
19s. 62.08 5.15 (1) and (2), the board shall, by vote of a majority of the membership of
20the board, adopt an election district apportionment plan for the election of board
21members which shall be effective until the city enacts a new ordinance under s. 62.08
22(1) redetermining the aldermanic district boundaries adjusting the boundaries of its
23wards under s. 5.15 (1) and (2). Immediately upon adoption of a plan containing the
24election districts, the clerk shall submit a certified copy of the plan to the appropriate
25standing committees of the legislature under s. 13.172 (3). If the legislature does not

1enact a law making changes in the election districts of the school district submitting
2the plan within 30 days of the date of receipt of the certified copy of the plan under
3this paragraph, the plan takes effect upon expiration of the 30-day period. If, within
430 days of receipt of the certified copy of the plan under this paragraph, the
5legislature enacts a law making changes in the election districts of the school district
6submitting the plan, the school district shall revise and readopt its plan to reflect the
7changes specified by law. The plan shall then take effect. This paragraph does not
8preclude the legislature from adjusting the election district boundaries of any school
9district, as a matter of statewide concern, in the enactment of congressional districts
10or in the enactment of legislative districts under article IV, section 3 of the
11constitution, on the basis of the most recent decennial census of population
.
AB145,10,1212 (End)
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